हे
cap 1 сар
2
3
4
5
6
7
∞ a
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
24
le 25
26
the administration, I indicated that I would be willing to accept a compromise as an interim measure,
an interim measure, if the administration
that is
又
agreed to restrict the "good relations" clause to the three
exceptions allowed for in Article 19 of that international covenant and relied upon by the Foreign and Commonwealth Office justifying the existence of this particular provision.. The relevant part of
the FCO opinion reads: [Reads]
"Restrictions on the right to freedom of expression, etc. may be justified in the case of particular films on the basis of at least three criteria in Article 19 3. These are:
1.
Rights or reputations of others; which may be relevant in the case of films attacking public figures in another country.
2. The protection of national security which should be interpreted as covering the security of Hong Kong which may be exposed to either external or externally inspired threat. The degree of such a threat and the need to anticipate such a possibility are matters of perception by the Government concerned."
And that is, as I have earlier said, a margin of appreciation.
"3.
The protection of public order would also be available if there was reason to suspect that a particular film could lead to public disturbances or public disquiet leading to disaffection on the part of local public officials.'
#1
My proposal was to add a proviso to regulation 3 A paragraph 7
as follows: Provided that the censor shall not bann a film or
23 any part thereof unless he is satisfied that the film or any part
thereof, (1) infringes the rights or reputations of others including public figures in other countries or (2) threatens or is likely to threaten the territorial security of Hong Kong.
This amendment would have taken care of two of the three criteria
28 of the FCO. The third criterium, protection of public order, le 29
is separately dealt with under paragraph 8 of Regulation 3A,. 30
encourage public disorder.
27
31
сар 33
that is
The Secretary for Administrative Services and Information 32 lost no time in telling our ad hoc group that such an amendment
would be unacceptable to the administration, because it would mean that the banning of such a film would be "fficult to defend in a 35 court of law and more importantly, because the administration would
not like its power of censorship to be limited to the very narrow
34
36
A