GRS 800
CONFIDENTIAL
TOP COP DIST 7
HKD 30/
CONFIDENTIAL
FM HONG KONG
TO IMMEDIATE FCO
TELNO 1215
OF 2611OOZ MARCH 87
INFO IMMEDIATE HONG KONG GOVERNMENT OFFICE LONDON
RECEIVED
2 7 MAR 1987
REGISTRY Action Taken
PUBLIC ORDER (AMENDMENT) ORDINANCE
YOUR TELNO 878. WE SUGGEST THAT YOU CONSIDER DRAWING ON THE FOLLOWING POINTS IN REPLY TO THE TWO POSSIBLE ADDITIONAL CRITICISMS REFERRED IN YOUR PARAGRAPH 2 :
(A) THE BILLS WERE FIRST PUBLISHED IN THE GAZETTE ON 19 DECEMBER 1986 AND INTRODUCED INTO LEGCO ON 7 JANUARY 1987. THEREAFTER THEY WERE DISCUSSED AT LENGTH BY THE ADMINISTRATION WITH AN AD HOC GROUP OF THE LEGISLATURE ON 3 OCCASIONS. AT THE GROUP'S REQUEST, DEBATE ON THE BILLS WAS DEFERRED TWICE.
IT IS LIKELY THAT THE HKJA MEMBERS WILL RAISE THE POINT THAT THE ADMINISTRATIONS AMENDMENT WAS ONLY MADE KNOWN TO THE PUBLIC ON THE THURSDAY BEFORE THE RESUMPTION OF THE DEBATE ON THE SECOND READING ON THE FOLLOWING WEDNESDAY. IN FACT THE ADMINISTRATION'S
1
AMENDMENT! WHICH HAD THE EFFECT OF WIDENING THE AMBIT OF THE PROVISION ON FALSE NEWS TO INCLUDE ALL MEMBERS OF THE PUBLIC AND TO IMPROVE THE LANGUAGE OF THE BILL WAS MADE IN RESPONSE TO
REPRESENTATIONS FROM MR MARTIN LEE AND MISS EMILY LAU, REPRESENTING THE JOURNALISTS' ASSOCIATION ON THE 6 FEBRUARY 1987. ON THE 10 FEBRUARY THE ADMINISTRATION REPORTED BACK TO THE AD-HOC GROUP THAT THEY HAD NO OBJECTION IN PRINCIPLE TO MEETING THE POINTS RASIED. AND PRODUCED THE VERSION WHICH WAS FINALLY ENACTED.
(B) THERE WAS NO SUGGESTION TO REMIT THE BILL FOR CONSIDERATION BY A LEGCO SELECT COMMITTEE.
(C) THE ADMINISTRATION DID NOT DEFER THE DEBATE AGAIN BECAUSE IT FELT THAT THE WIDER PUBLIC INTEREST WOULD BEST BE SERVED BY ALLOWING THE ISSUE TO BE DEBATED IN LEGCO AND BECAUSE THE GREAT MAJORITY OF MEMBERS HAD DECIDED THAT THE BILL SHOULD COME FORWARD. A MOTION TO ADJOURN THE BILL WAS MOVED DURING THE DEBATE BY SZETO WAH. 10 MEMBERS SPOKE IN SUPPORT OF THE ADJOURNMENT MOTION ONLY 5 SPOKE AGAINST: THE MOTION WAS DEFEATED BY A LARGE MAJORITY, INCLUDING A MAJORITY OF ELECTED MEMBERS.
2. THE FOLLOWING BACKGROUND, ALTHOUGH IT CANNOT BE USED BY THE MINISTER IS RELEVANT. T EN DAYS BEFORE THE BILL WAS DEBATED
IN LEGCO, MARTIN LEE TOLD SENIOR GOVERNMENT OFFICIALS THAT UNLESS THE ADMINISTRATION WAS PREPARED TO AGREE TO HIS AMENDMENT HE WOULD ''PRECIPITATE A ROW ON THE SAME SCALE AS OCCURRED OVER THE POWERS AND PRIVILEGES BILL''
CONFIDENTIAL
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