ACEADB
CONFIDENTIAL
VISIT TO HONG KONG BY LORD GLENARTHUR, 16-19 SEPTEMBER
BRIEF NO 14: PUBLIC ORDER (AMENDMENT) ORDINANCE AND FILM CENSORSHIP
[No points to make with the Governor or ExCo]
Points to make with OMELCO and others (Defensive)
(a) Public Order (Amendment) Ordinance
1.
Primarly for Hong Kong Government. Measures passed on 11 March represent a considerable liberalisation in comparison to previous position. Passed by large LegCo majority after long debate.
2.
Would be wrong for HMG to intervene. Bad precedent for Chinese intervention after 1997. But Hong Kong Government has undertaken to keep operation of new legislation under close review.
(b) Film Censorship Bill
3.
Primarily matter for Hong Kong Government. LegCo will consider legislation in due course. Wrong for me to comment at this stage.
4.
Has been speculation in Hong Kong that proposed legislation contravenes provisions of International Covenant on Civil and Political Rights. Understand Hong Kong Government's legal advisers following consultation with FCO have reached contrary view.
(c) "Spycatcher"
(HMG attacking freedom of speech in Hong Kong by seeking to prevent publication? Setting poor example for after 1997?)
5. In its legal proceedings in Hong Kong, as in UK, Australia and elsewhere, HMG seeking to uphold principle that former member of security service owes lifelong duty of confidentiality to Crown. This principle essential to effectiveness of the security service.
CONFIDENTIAL