CONFIDENTIAL
adjourn debate heavily defeated on 11 March.
11.
1951
[Measures will be used to control press before 1997]
Recent measures have greatly relaxed controls.
Ordinance was on statute book for over 30 years. Used three times
only, in exceptional circumstances of 1967 (Cultural revolution in
China). Have not prevented Hong Kong press from being among freest
and most outspoken in Asia.
[Measures will be used to control press after 1997]
12.
No reason to believe this will be so. Joint Declaration
provides explicitly guarantees of maintenance of press and other
freedoms after 1997. New law itself provides considerable
safeguards against any abuse in future: a considerable burden of
proof lies with Attorney General, whose prior consent to a
prosecution must be obtained. Adequate defence would be to
establish that accused had reasonable grounds to believe news was
true when published it.
[Forces journalists to disclose sources]
13. Same situation in many other jurisdictions.
courts handle these matters with great discretion.
In practice
[Why not use existing emergency legislation to contain any threat to
public order?]
14. Wish to discourage threat to disorder, not to have to
introduce emergency legislation once disorder has broken out.
["False news" too vague]
15.
Think not.
Prosecution will have to prove it was "false".
[ Ask Governor to re-examine ordinance very soon?]
16.
Ordinance can be reviewed at any time if genuine need is
identified.
Surely better to let things settle down: measure may
well not need to be applied at all in practice.
CONFIDENTIAL