14
WEDNESDAY, JULY 8, 1987
MAINTENANCE OF GOOD RELATIONS WITH CHINA IMPORTANT
* * *
LEGISLATIVE COUNCILLOR THE HON HELMUT SOHMEN SAID TODAY (WEDNESDAY) THAT WHEN CONSIDERING FILM CENSORSHIP, THE MAINTENANCE OF PERIOD GOOD RELATIONSHIP WITH CHINA, ESPECIALLY DURING THE TRANSITION LEADING UP TO THE CHANGE IN SOVEREIGNTY, WAS OF PARAMOUNT IMPORTANCE TO HONG KONG.
SPEAKING IN THE LEGISLATIVE COUNCIL, MR SOHMEN SAID HE OPPOSED THE MOTION ON FILM CENSORSHIP TABLED BY THE HON MARTIN LEE.
HE ADDED THAT HE DID SO WITH SOME RELUCTANCE AND HE WAS UNEASY ABOUT CENSORSHIP FOR POLITICAL MOTIVE SINCE THE JUDGEMENTS WHICH HAD TO BE MADE BY THE CENSOR WERE MORE DIFFICULT AND MORE PRONE TO ABUSE
FREEDOM THAN, FOR EXAMPLE, RESTRAINTS IMPOSED ON THE
OF SPEECH FOR
MORAL REASONS.
"MR MARTIN LEE MUST BE GIVEN CREDIT FOR HIGHLIGHTING THE
IF PROBLEMS INHERENT IN THIS ISSUE; I MUST FRANKLY CONFESS THAT
THIS WAS TOTALLY NEW LEGISLATION WE WERE CONSIDERING
RATHER THAN A QUESTION OF LEGITIMISING, AS AN INTERIM MEASURE, A PRACTICE THAT HAS BEEN GOING FOR SOME TIME I WOULD IN ALL LIKELIHOOD VOTE AGAINST THE INTRODUCTION OF SUCH NEW PROVISIONS, HE SAID.
"I
THIS OF COURSE DID NOT MEAN THAT MR LEE'S ARGUMENTS WERE
LEE AND THE CORRECT OR FULLY VALID, MR SOHMEN ADDED. HE SAID MR
UK LAWYER WHO GAVE MR LEE LEGAL ADVICE REGARDING THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS HAD APPROACHED THE ISSUE IN AND TOO LEGALISTIC A FASHION, IN THAT THEY ONLY FOCUSED ON THE FORMAT NOT ON THE SUBSTANCE OF WHAT NEEDED TO BE THE LIMITS OF PERMISSIBLE CENSORSHIP.
THE
INTERPRETATION BUT
TO WHETHER WERE SUFFICIENTLY ACCOUNT ALL THE
THIS WAS NOT A MATTER OF FORMALISTIC LEGAL CLEARLY REQUIRED A POLITICAL EVALUATION AS RESTRICTIONS IMPOSED ON THE FREEDOM OF EXPRESSION AND JUSTIFIABLY IN THE PUBLIC INTEREST, TAKING INTO OBJECTIVE AND SUBJECTIVE FACTORS GOVERNING A PARTICULAR SITUATION BOTH AS TO TIME AND PLACE, HE SAID.
"EVEN MORE SIMPLISTICALLY PUT, THE COVENANT HAS DRAWN US A SQUARE WHICH CAN BE LEFT ENTIRELY BLANK OR WHICH WE CAN FILL AS MANY COLOURS WE CHOOSE, ALL THE WHILE ACCEPTING THE FACT BORDERS OF THE SQUARE ONLY DETERMINE THE LIMITS OF BUT NOT NECESSARILY THE CHOICE OF COLOURS, HE SAID.
THE
IN WITH THAT THE PAINTED AREA
HE ADDED THAT HONG KONG WAS IN A RATHER PECULIAR SITUATION,
QUITE CLAIMING AN ECONOMIC, SOCIAL, POLITICAL AND CULTURAL BACKGROUND DIFFERENT FROM THE COUNTRY TO WHICH ETHNICALLY AND GEOGRAPHICALLY
SOON WOULD BE TERRITORY WAS VERY CLOSE, AND OF WHICH IT LEGALLY INTEGRAL PART. THE MAINTENANCE OF GOOD RELATIONS WITH CHINA WAS THEREFORE OF PARAMOUNT IMPORTANCE.
THE
AN
"A CHANGE