FILM CENSORSHIP IN HONG KONG
and
THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS
OPINION
of
1. I have been instructed by Mr. Martin Lee QC, a Member
the Legislative Council of Hong Kong, to advise in writing as to
the compatibility with the International Covenant on Civil and
Political Rights ("the ICPR") of legislative measures involving
film censorship in Hong Kong. Because the matter is important and
complex, it is unfortunately necessary for me to advise at
length. I have carefully considered the advice already given by
Mr Eric Barendt and by the Foreign and Commonwealth Office. For
the reasons set out below, in my view, the sweepingly broad
legislation, whether already enacted or now proposed
proposed to be
enacted, is not in accordance with the international obligations
accepted by the
by the United Kingdom by ratifying the ICPR and
extending its provisions to Hong Kong. In particular: -
(a) the right to freedom of expression is not adequately
secured, with effective remedies, under the laws in force in
Hong Kong;
(b) the film censorship legislation authorises unjustifiable
restraints upon the exercise of the right to free
expression;
(c) the mere existence of such legislation unjustifiably chills
or freezes free expression in cinemas in Hong Kong;
(d) the legislation involves unjustifiable discrimination both
as between films and other media and as between those films
whose content is acceptable (in the censor's opinion) and
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