GRS 400
CONFIDENTIAL
FM HONG KONG
CONFIDENTIAL
TO IMMED FCO D/B 240930
TELNO 1587
OF 24083OZ APRIL 87
INFO PRIORITY PEKING
MY TELNO 1563: FILM CENSORSHIP
TOP COPY Q DIST ?
HVD 301 RECEIVED
24 APR 1937
1. FURTHER TO PARA 6 OF TUR WE WOULD LIKE TO SEEK YOUR ADVICE ON A SPECIFIC LEGAL POINT RELATING TO THE FILM CENSORSHIP BILL. IN THE BILL IT IS PROPOSED THAT ONE OF THE GROUNDS UPON WHICH A CENSOR MAY EXCISE OR BAN A FILM IS THAT IT IS SERIOUSLY PREJUDICIAL TO GOOD RELATIONS WITH TERRITORIES OUTSIDE HONG KONG''. A LAW LECTURER HAS SUGGESTED IN A LETTER TO SCMP (18 APRIL) THAT THIS PROVISION IS IN BREACH OF ARTICLE 19 OF THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS. MARTIN LEE QC RAISED THIS POINT IN A MEETING BETWEEN THE ADMINISTRATION AND OMELCO TO DISCUSS THE BILL
ON 22 APRIL. ANOTHER MEETING WILL BE HELD ON 29 APRIL. WE WOULD HOWEVER LIKE TO RECEIVE YOUR VIEWS AS QUICKLY AS POSSIBLE, AT LEAST A PRELIMINARY REACTION DESKBY 25010OZ WOULD BE VERY HELPFUL.
2. THE ARTICLE PROVIDES FOR **THE RIGHTS TO FREEDOM OF EXPRESSION'' (INCLUDING THROUGH FILM). THIS RIGHT MAY BE SUBJECT TO CERTAIN RESTRICTIONS WHICH SHALL ONLY BE SUCH AS PROVIDED BY LAW AND ARE
NECESSARY:
(A) FOR RESPECT OF THE RIGHTS OR REPUTATIONS OF OTHERS:
(C) FOR THE PROTECTION OF NATIONAL SECURITY OR PUBLIC ORDER
3. GRATEFUL IF YOUR LEGAL ADVISERS COULD ADVISE WHETHER ''OTHERS'' COULD INCLUDE PEOPLE OUTSIDE HONG KONG AND WHETHER NATIONAL SECURITY'' WOULD ENABLE A FILM TO BE BANNED BECAUSE TO SHOW IT MIGHT RESULT IN SAY ECONOMIC OR POLITICAL REPERCUSSIONS FOR HONG KONG. THE VIEW HERE IS NO IN BOTH CASES. IF THE ONLY BASIS
LEFT FOR BANNING A FILM UNDER ARTICLE 19 IS PUBLIC ORDER WE ASSUME THAT THIS WOULD HAVE TO BE SPELT OUT IN THE BILL IN THESE
TERMS. GRATEFUL FOR YOUR CONFIRMATION ON THIS.
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4. IF YOUR ADVICE CONCURS WITH OUR VIEW THERE WOULD BE INCREASED GROUNDS FORZ CRITICISM OF CENSOR'S BAN OF **COLDEST WINTER IN PEKING''. THIS COULD BE RIDDEN OUT, ON THE GROUNDS THAT THE
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