those whose content is objectionable (again in the censor's opinion) to the public authorities of the People's Republic
of China.
The fact that the legislation cannot be able to be challenged before the Courts of Hong Kong or any international judicial
it forum makes
important that legislation should be carefully scrutinised compliance with the ICPR.
all
the more
The Hong Kong Legislation
the proposed
So as to ensure
a
of the (amended) Film Censorship 2. Regulation 3A(vii) Regulations 1987 empowers the censor to refuse to approve the exhibition of a film if he is of the opinion that there is likelihood that the showing of the film in a public place in Hong Kong "would damage good relations with other territories". This enactment of a similar is an interim measure pending the
the provision in
1987 authorising the Film Censorship Bill censorship of films whose public showing
whose public showing would be "seriously prejudicial to good relations with territories outside Hong Kong". Another possible formulation in the proposed Bill is that a public showing "would seriously damage good relations with territories outside Hong Kong".
Absence of Effective Remedies
3. Since the Regulations are only subordinate legislation, their vires are at present open to legal challenge by a person censor. Such a aggrieved by an adverse decision made by the challenge could be made, in an appropriate case, upon the basis that the enabling legislation was not intended to authorise the enactment of subordinate legislation incompatible with the United Kingdom's international obligations under the ICPR. However, once the powers of censorship are enacted in primary legislation, it will not be possible to test the compatibility of the exercise of those powers with the ICPR in the Hong Kong Courts; that is, not unless and until the United Kingdom incorporates the rights and
2