GRS 1500
RESTRICTED
FM HONG KONG
TO PRIORITY FCO
TELNO 1726
OF 06075OZ MAY 87
166
RESTRICTED
HAD 30/1
TOP COPY Q DIST ?
SLISTAY
- 7 MAY 1937
PUBLIC ORDER (AMENDMENT) ORDINANCE
RECE
GUIDELINES
PRESS REACTION
SUMMARY
REGISTRY
PA
Action Taken
mek 73/5
THE RELEASE OF THE PROSECUTION GUIDELINES BY THE ATTORNEY GENERAL WAS ACCORDED EXTENSIVE COVERAGE IN THE MASS MEDIA OVER THE WEEKEND. THE GUIDELINES WERE GENERALLY WELCOMED IN THEMSELVES, THOUGH MANY STILL FELT THEY WERE NOT A SUBSTITUTE FOR AMENDING THE LAW.
DETAILED COVERAGE
THE
2. THE GUIDELINES ISSUED BY THE ATTORNEY GENERAL TO ALL COUNSEL IN THE PROSECUTIONS DIVISION OF THE LEGAL DEPARTMENT ON SATURDAY WERE ACCORDED EXTENSIVE COVERAGE IN THE MASS MEDIA OVER THE WEEKEND. NEWS WAS THE LEAD STORY IN MOST CHINESE LANGUAGE NEWSPAPERS ON SUNDAY AND ATTRACTED SEVEN EDITORIALS. MOST PAPERS PUBLISHED THE TEXT OF THE GUIDELINES IN FULL.
3. MOST MEDHA REPORTS HIGHLIGHTED THE FACT THAT THE CIRCULAR FROM AG TO COUNSEL IN THE PROSECUTIONS DIVISION OF THE LEGAL DEPARTMENT HAD NO STATUS IN LAW. THE REPORTS NOTED THAT THE CIRCULAR SERVED ONLY AS AN INTERNAL MEMORANDUM FOR THE PROSECUTORS, THOUGH SOME SAID THE GUNDELINES WOULD HAVE A WELCOME GUIDING EFFECT. THE PAPERS REPORTED THAT AG BELIEVED IT WAS IMPORTANT THAT PUBLISHERS FELT FREE TO PUBLISH WHAT THEY REASONABLY BELIEVE TO BE TRUE, EVEN IF IT WAS LIKELY TO CAUSE PUBLIC ALARM OR DISTURB PUBLIC ORDER.
4. SING TAO JIH PAO NOTED IN ITS FRONT-PAGE HEADLINES THAT THE PUBLICATION OF FACTS OR REPORTS WHERE IT COULD NOT BE VERIFIED WHETHER OR NOT THE NEWS WAS 'FALSE'' WOULD NOT BE TAKEN TO COURT UNDER THE GUIDELINES. THE PAPER NOTED THAT THE MEASURES WERE ONLY AIMED AT THE PUBLICATION OF NEWS. COMMENTARY AND REPORTS WHICH HAD NOT CAUSED PUBLIC ALARM WOULD NOT BE PROSECUTED. THE ORIENTAL DAILY NEWS, IN HEADLINES, CALLED FOR IMMEDIATE AMENDMENT TO PLUG THE LOOPHOLES IN THE PUBLIC ORDER (AMENDMENT) ORDINANCE. SING PAO REPORTED THAT NO PROSECUTION FOR AN OFFENCE SHOULD COMMENCE WITHOUT THE CONSENT OF AG. THE SUNDAY MORNING POST SAID THE GOVERNMENT PUT STRINGENT LIMITS ON THE SCOPE OF THE ORDINANCE, MAKING IT EXTREMELY DIFFICULT FOR A PROSECUTION TO BE LAUNCHED UNDER THE NEW LAW. THE
SEVERE RESTRICTIONS WHICH THE GUIDELINES PLACED IN IMPLEMENTATION OF
RESTRICTED
THE