CONFIDENTIAL
FM FCO
TO DESKBY 03090OZ HONG KONG
TELNO 3159
OF 021515Z DECEMBER 87
CONFIDENTIAL HUD 301|1
- DEC 07
016126
MDHOAN 4144
291
OPY
TOP Top dopy Q. DIST.?
MIPT: FILM CENSORSHIP
1.
OUR COMMENTS ARE AS FOLLOWS
PARA 1: REPLACE AS FOLLOWS
QUOTE IN A PAPER DATED 24 JUNE 1987, THE HONG KONG GOVERN- MENT, AFTER TAKING THE ADVICE OF THE FCO, SET OUT ITS VIEWS ON THE COMPATIBILITY OF THE PROPOSALS FOR CENSORSHIP ON QUOTE GOOD RELATIONS UNQUOTE GROUNDS WITH ARTICLE 19 OF THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS (ICCPR). SINCE THE OPINION OF MR ANTHONY LESTER QC ENTITLED QUOTE FILM CENSORSHIP IN HONG KONG AND THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS UNQUOTE DATED 12 OCTOBER 1987 (QUOTE THE OPINION UNQUOTE) ALSO RAISES QUESTIONS CONCERNING HMG'S OBLIGATIONS UNDER THE ICCPR, THE HONG KONG GOVERNMENT HAS FURTHER CONSULTED THE FCO.
HAVING REGARD TO THE ADVICE OF THE FCO, THE HONG KONG GOVERNMENT WISHES TO MAKE THE FOLLOWING COMMENTS ON THE OPINION. UNQUOTE.
PARA 2: DELETE
PARA 3 (I): SUBSTITUTE QUOTE SECURED UNQUOTE FOR QUOTE SECURE UNQUOTE
PARA 3 (III): ADD AT THE END QUOTE AS REQUIRED BY ARTICLE 19(3) UNQUOTE.
PARA 4, LINE 2:
SUBSTITUTE QUOTE LEGISLATIVE UNQUOTE FOR
QUOTE LEGISLATURE UNQUOTE
PARA 4: DELETE EVERYTHING AFTER THE FIRST SENTENCE AND SUBSTITUTE THE FOLLOWING
-
QUOTE IT SEEMS CLEAR FROM THIS TEXT THAT LEGAL PROVISION IN EXISTENCE PRIOR TO A STATE BECOMING A PARTY TO THE COVENENT IS SUFFICIENT TO SATISFY THE OBLIGATION TO SECURE THE RELEVANT RIGHTS AND THEREFORE IT IS NOT NECESSARY TO ADOPT SPECIFIC PROVISIONS TO GIVE EFFECT TO THE ICCPR SO LONG AS DOMESTIC LAW GUARANTEES THE RELEVANT RIGHTS AND FREEDOMS. FURTHER, THE TEXT IS NOT CONFINED TO LEGISLATIVE PROVISIONS BUT INCLUDES QUOTE OTHER MEASURES UNQUOTE. THIS EXPRESSION IS CAPABLE OF INCLUDING COMMON LAW RIGHTS. A SIMILAR POSITION EXISTS IN RELATION TO THE EUROPEAN CONVENTION ON HUMAN RIGHTS. THE ORGANS RESPONSIBLE FOR THE SUPERVISION
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