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CONFIDENTIAL
FM HONG KOLJ
TO PRIORITY FCO
TELNO 313
CONFIDENTIAL
Mr Parall on Um Gelmiy
OF 300655Z JANUARY 86
INFO PRIORITY PEKING
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HONG KONG : CONTROL OF PUBLICATIONS CONSOLIDATION ORDINANCE (CAP 268)
1. THIS ORDINANCE PROVIDES THE GOVERNMENT WITH SWEEPING POWERS TO SUPPRESS JOURNALS FOR PUBLISHING MATERIAL PREJUDICIAL TO THE SECURITY OF HONG KONG. IT WASAZED ENACTED IN 1981 FDGUWPYG-GOTON AND WAS DESIGNED TO MEET THE THREAT OF A FLOOD
OF SEDITIOUS PROPAGANDA FROM CHINA, FOLLOWING THE COMMUNIST TAKE-OVER. WE HAVE RECENTLY BEEN CONSIDERING WHETHER TO REPEAL FT.
2. THE ARUGMENTS FOR REPEAL MAY BE SUMMARISED AS FOLLOWS:
(A) THE POWER TO SUPPRESS PUBLICATIONS PROVIDED BY THIS ORDINANCE
IS UNACCEPTABLE IN A FREE SOCIETY.
(9) THE ATTORNEY GENERAL CAN CONCEIVE OF NO CIRCUMSTANCES IN WHICH HE WOULD BE PREPARED TO USE THE POWERS.
(C) THE POWERS WERE TAKEN AT A TIME WHEN IT WAS UNCERTAIN WHETHER THE NEW CHINESE GOVERNMENT WOULD BE WILLING TO TOLERATE HONG KONG'S CONTINUED EXISTENCE AS A SEPARATE ENTITY. THEY HAVE ONLY EVER BEEN USED TO SUPPRESS 3 PAPERS DURING THE 1967 DISTURBANCES WHEN AN EMERGENCY HAD BEEN DECLARED. THE POLITICAL POSITION HAS CHANGED: HT WOULD NOW BE UNTHINKABLE FOR THESE POWERS TO BE USED AGAINST THE COMMUNIST PRESS IN HONG KONG.
(D) WITH THE APPROACH OF 1997, IT IS NOT DESIRABLE TO LEAVE SUCH AN ORDINANCE, HOWEVER REDUNDANT, ON THE STATUTE BOOK, SINCE THERE IS A REISK THAT THE CHINESE GOVERNMENT MIGHT PRESSURE THE SAR
GOVERNMENT INTO INVOKING SUCH POWERS.
(D) THE PRESS AND PUBLIC OPINION IN HONG KONG HAVE BEGUN TO FOCUS
ON THE EXISTENCE OF LEGISLATION OF THIS KIND, AMD TO EXPRESS
ANXIETY ABOUT THE RISK OF ABUSE, ONCE THE RESTRAINING EFFECT
OF THE LINK OF AUTHORITY WITH BRITAIN DISAPPEARS (SEE FOR EXAMPLE THE POINTS MADE BY MR WONG KWOK-WAH, VICE-CHAIRMAN OF THE HK
JOURNALISTS ASSOCIATION IN HIS CALL ON MR LUCE ON 5 JUNE 1985)
(F) ALL NECESSARY POWERS TO DEAL WITH PUBLICATIONS WHICH INCITE
CRIMINAL ACTIVITIES ARE COVERED BY OTHER LEGISLATION: FM A REAL
CRISIS EMERGENCY POWERS COULD BE TAKEN.
3. ARGUMENTS AGAINST ARE AS FOLLOWS:
CONFIDENTIAL
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