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4.
The powers available under the Ordinance have only
been used three times: to suppress 3 leftwing newspapers during the 1967 Communist-led disturbances, when an emergency had been declared.
5.
Press and public opinion in Hong Kong have begun to focus upon the continued existence of legislation of this
kind. The specific question of
of the continued existence of
the Ordinance was raised by the Vice Chairman of the Hong Kong Journalists Association (HKJA) during a call on Mr
Luce on 5 June 1985. HKJA pressed then, and have done so
subsequently, for the repeal of the Ordinance on the basis
that while the present Hong Kong Government's approach to press freedom is liberal, the powers available under the
Ordinance might be abused in the future.
Argument
6.
The arguments in favour of repeal
essentially that:
(a)
(b)
n ow are
The continued existence of
of these powers in a free society like Hong Kong's is unacceptable.
Hong Kong's Attorney General can envisage no
circumstances where he would be prepared to
exercise them.
(c)
The powers were first taken when the Chinese
posed a threat to Hong Kong's
Government
continued separate existence. The political
position has now changed.
(d)
With the approach of 1997 it
of 1997 it is undesirable to
leave these powers, however redundant, on Hong
Kong's statute book.
(e)
There i s some pressure for repeal in Hong Kong: this pressure may well grow (there
certain parallels with the restriction
are
on
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