KONG GOVERNMENT THEREFORE CONSIDERED IT NECESSARY, IN THE WISER PUBLIC INTEREST, TO RETAIN A PROVISION DEALING WITH THE PUBLICATION OF FALSE NEWS BECAUSE OF THE SERIOUS SOCIAL CONSEQUENCES THAT MAY RESULT FROM IT. IN ORDER TO MAKE IT CLEAR THAT IT IS THE THREAT TO SOCIAL ORDER WITH WHICH WE ARE CONCERNED, RATHER THAN ANY ATTEMPT TO RESTRICT THE FREEDOM OF THE PRESS, THE AMENDING LEGISLATION HAS TRANSFERRED THE FALSE NEWS' OFFENCE FROM THE CONTROL OF PUBLICATIONS ORDINANCE (NOW RETITLED THE REGISTRATION OF LOCAL NEWSPAPERS ORDINANCE) TO A MORE APPROPRIATE PLACE IN THE PUBLIC ORDER ORDINANCE. THE 'FALSE NEWS'' OFFENCE IN THE AMENDING LEGISLATION IS THEREFORE (NEXT WORD UNDERLINED) NOT A NEW CONTROL ON PRESS FREEDOM.
4. THE PREVIOUS STATUTORY CONTROLS, INCLUDING THE 'FALSE NEWS** OFFENCE, HAVE BEEN USED MOST SPARINGLY, AND NOT AT ALL SINCE 1967. NO PROSECUTION CAN COMMENCE WITHOUT THE CONSENT OF THE ATTORNEY GENERAL, AND TO BE SUCCESSFUL THE COURTS WILL HAVE TO BE CONVINCED ON THE THREE COUNTS OF PUBLICATION, FALSITY AND BEING LIKELY TO CAUSE PUBLIC ALARM.
5. I MUST REFUTE THE SUGGESTION THAT THE ORDINANCE WAS ENACTED WITH UNDUE HASTE''. THE BILLS WERE FIRST GAZETTED ON 19 DECEMBER 1986 AND INTRODUCED INTO THE LEGISLATIVE COUNCIL ON 7 JANUARY 1987. THEREAFTER, THEY WERE DISCUSSED AT LENGTH BY THE ADMINISTRATION WITH AN AD HOC GROUP OF THE LEGISLATURE ON 3 OCCASIONS. GROUP'S REQUEST, DEBATE ON THE BILLS WAS DEFERRED TWICE. ADMINISTRATION'S AMENDMENT MOVED AT THE COMMITTEE STAGE WAS SUGGESTED BY THE AD HOC GROUP AND AGREED WITH THE NON-OFFICIAL MEMBERS OF THE LEGISLATIVE COUNCIL.
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IN SUMMARY, THIS LAW IS NOT MEANT TO AND WILL NOT RESTRICT FREEDOM OF EXPRESSION. ITS MAIN OBJECT IS TO PROTECT THE HONG KONG COMMUNITY AGAINST FALSE NEWS WHICH IS LIKELY TO CAUSE PUBLIC DISORDER, A MATTER THAT COULD GIVE RISE TO SERIOUS CONSEQUENCES IN OUR DENSELY POPULATED TERRITORY. THE GOVERNMENT WILL REVIEW THE NEW LAW IF NECESSARY IN THE LIGHT OF EXPERIENCE.
AKERS-JONES
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HMLNAN 0169
MINIMAL
HKD
NEWS