1
2
3
4
5
6
7
8
9
10
11
12
But it is not just a matter of legal intepretation, but clearly requires a political evaluation as to whether the restrictions imposed upon the freedom of expression are sufficiently and justifiably in the public interest, taking into account all the objective and subjective factors governing a particular situation, both as to time and place. Even more simplistically put, the covenant has drawn us a square which can be left entirely blank or which we can fill in with as many colours as we choose. All the while accepting the fact that the borders of the square only determine the limits of the painted area and not necessarily the choice
of colours.
13
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17
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22
23
24
25
26
27
28
2 2 2 2 2 2 2 2 27 23 +3
29
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33
34
35
36
Hong Kong, as we all know and as has been stressed
by the other members, is in a rather peculiar situation, claiming an economic, social, political and cultural background quite different from the country to which ethnically and geographically the territory is very close and of which
it legally will soon be an integral part. The maintenance of good relations with China, especially during the transition period leading up to the change in sovereignty, is of paramount importance to Hong Kong. A change away from established practices; in particular when these do touch very directly on national political sensibilities elsewhere, in and by itself might be seen as a deliberate act intended to be prejudicial to good relations irrespective of whether the need for change is imposed on us from the outside or is justified as a logical result of an intervening development in new circumstances which has no inherent harmful consequences. After all, in this context we are dealing not only with a domestic perception of what expressions are obviously or possibly prejudicial
or not prejudicial but we have to face the possibility
that the interpretation or misinterpretation put upon them
externally could also give rise to unwanted friction.
These assessments deal with subtle nuances. They are, by
their very nature, political and the answers obtainable are