GRS 220
CONFIDENTIAL
FM HONG KONG
TO DESK BY 17090OZ FCO
TELNO 1049
OF 17152OZ MARCH 87
TOP COPY
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Confidential
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RECEIVED N KEGIS)!
16 MAP 1087
FICA
PA
23/3
YOUR TELNO 789: PUBLIC ORDER (AMENDMENT) BILL
1. I THINK THE POINT NEEDS TO BE BROUGHT OUT CLEARLY IN THE
SECRETARY OF STATE'S REPLY THAT THE LEGISLATION PASSED BY LEGCO
LAST WEEK INVOLVES A MAJOR LIBERALISATION OF OUR CONTROLS ON THE
PRESS. THEREFORE SUGGEST THAT PARAGRAPH 2 OF THE DRAFT REPLY
SHOULD BE REPLACED BY THE FOLLOWING :
AS YOU WILL APRECIATE, THIS IS PRIMARILY A MATTER FOR THE
HONG KONG GOVERNMENT. BUT I WOULD LIKE TO POINT OUT THAT THE
LEGISLATION PASSED BY THE LEGISLATIVE COUNCIL ON 11 MARCH INCLUDED
THE REPEAL OF A NUMBER OF FAIRLY DRACONIAN PROVISIONS THAT HAD
BEEN PART OF THE LAWS OF HONG KONG FOR MANY YEARS BUT WHICH HAVE
NOT PREVENTED THE HONG KONG MEDIA FROM BEING AMONG THE MOST FREE
AND OUTSPOKEN IN ASIA. IN REVIEWING THIS LEGISLATION, THE GOVERNMENT
CONSIDERED THAT IN SUCH A SMALL AND DENSELY-POPULATED PLACE AS
HONG KONG, IT WAS NECESSARY TO RETAIN THE POWER TO TAKE ACTION
AGAINST ANYONE PUBLISHING FALSE NEWS THAT MIGHT THREATEN PUBLIC
ORDER. TO MAKE IT CLEAR THAT THIS WAS THE PURPOSE OF THE PROVIS-
ION, AND THAT IT WAS NOT INTENDED AS A LIMITATION ON THE FREEDOM
OF THE PRESS, IT WAS TRANSFERRED FROM THE CONTROL OF PUBLICATIONS
CONSOLIDATION ORDINANCE TO THE PUBLIC ORDER ORDINANCE. THE
CONTROLS ARE THEREFORE IN NO SENSE NEW ONES. INDEED, THEY REPRESENT
A MAJOR LIBERALISATION COMPARED WITH THE POSITION BEFORE 11 MARCH''
2.
MCLAREN AND HUM AGREE THAT THE DRAFT NEEDS TO BE STRENGTHENED
IN THIS WAY. WE HAVE NOT OF COURSE BEEN ABLE TO SHOW THEM THE
PRECISE WORDING PROPOSED ABOVE BECAUSE OF THEIR INVOLVEMENT IN
THE JLG.
AKERS-JONES
HML NANO1G1.
HONG KONG AGREEMENT: RESTRICTED
LIMITED
HD/HKD
HD/FED
RESEARCH D. (FE)
DEP.HD/PUSD
PS/MR RENTON
SIR. D. WILSON MR GILLMORE
COPIES TO:
MR FIFOOT, LEGAL ADVISERS
Confidential
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