ask itself whether the
decision of the censor under
clause 10(2) was
such that no reasonable censor could
have reached
reached the decisión he did. As 1 have said,
the Court will not concern itself with the question
of whether the
decision was the right decision, but
only whether the decision was one open to the censor.
3.
Own
In reaching its decision,
the
Court will
take
into
account the fact that the legislature has qualified
the duty of the censor to comply with Article 19 and give him a latitude, called by Mr, Lee "a margin of
le.
らこ
appreciation".
$
The
practical effect of Mr. Martin Lee'
amendment which I have outlined would be substantially
the
same
25
the
the amendment
of practical effect as he has so clearly explained. proposed by MI, Yeung Po-Kwan Following Mr, Yeung's
amendment,
the
any person aggrieved by a decision of
censor or the Board of Review could challenge that
decision by way of judicial review.
The
same three
or principles
tests/would be applied by the Court and, at the end
of the day, the Court would
would need to decide
the decision-making process was defective.
whether
There
world is, however, a
of
difference