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of a film could seriously damage or damage good relations with
2 other countries. He would so far to argue as I follow the
position, that films that are blatantly hostile to an overseas government or the morals or culture of another sovereign state, must be permitted to be shown in a territory, must be permitted
to be shown in a territory, that adheres to the international
covenants, at least up to the point when their exhibition
provokes an army sent to attack or public disturbances to take his
particular examples.
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Sir, it would seem to me odd if that were the result of
an international covenant of this kind. It is after all an
agreement between sovereign states who come together in an honourable
accord promising to enforce individual rights in their respective territories. The basis of international law is the comity of nations, their desire to live peacably together, diminish the scope
16 for hostility or international recriminations. It would therefore
be surprising to find that they have bound themselves by agreement to tolerate in their respective territories attacks upon each other of a blatantly propagandist or hostile character.
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The point I make is that good relations between territories
is the fundamental basis of all international law and I should doubt
whether the acceptance of the right of film-makers to express ideas is
intended to be carried so far as to enable those good relations to
be undermined by means of political propaganda that is likely to
cause offence in overseas territories.
Of course, a balance has to be maintained and that is the
approach of these regulations which give to a censor a discretion for he may not disapprove a film for exhibition unless in his considered opinion there is a likelihood that its showing in a public place would damage good relations with other territories. In that way, the balance is struck between individual rights on the
betweenndividual
one hand and the need to maintain public order and security and
the interests of the community on the other. Political responsibility for ensuring that the balance is correctly struck here in Hong Kong, lies with the government of Hong Kong and ultimately on the power responsible for Hong Kong's foreign
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