HONG KONG LEGISLATIVE COUNCIL 18 May 1988
HIS EXCELLENCY THE PRESIDENT: The Council will now resume.
Committee stage of Bill
Council went into Committee.
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FILM CENSORSHIP BILL 1988
Clauses 1 to 9, 11 to 18 and 20 to 33 were agreed to.
Clause 10
HIS EXCELLENCY THE PRESIDENT: I would like to make a point here. Mr. P. K. YEUNG and Mr. Martin LEE have given notice to move two separate amend- ments to clause 10. We will consider them in the order in which they relate to the text of the Bill, thus we will consider Mr. YEUNG's amendment first.
Members will wish to note that under Standing Order 45(4)(b) if an amendment is approved by the Committee then no subsequent amendment inconsistent with it can be considered.
MR. YEUNG: Sir, I move that clause 10(3) be amended as set out in the paper circulated under my name to Members. This amendment deals specifically with the concern that, to empower the censor under clause 10(2)(c) to ban or excise a film if there is likelihood that its exhibition 'would seriously damage good relations with other territories', represents an infringement upon freedom of expression as provided for under the International Covenant on Civil and Political Rights. The necessity for this power has been thoroughly debated both within and outside this Council and I do not intend to repeat the arguments this afternoon. Suffice it to say that the ad hoc group, after careful consideration of advice tendered by various legal experts, has reached a common view that this power should be retained subject to there being adequate safeguards to prevent or remedy possible abuse of power by the censor. My amendment is, therefore, aimed at providing an additional safeguard in the Bill to ensure that freedom of expression is duly recognised in the film censorship process.
The amendment, if agreed in Committee today, will add a new sub-clause (3)(d), requiring the censor to take into account 'article 19 of the International Covenant on Civil and Political Rights (which deals with the principle of freedom of expression)'. The effect of this amendment is twofold. First, it gives express statutory recognition to the principle of freedom of expression enshrined in article 19 of the covenant and obliges the censor to give full effect to it, subject only to the limited restrictions on the freedom which are set out in the article. Second, it provides a clear statutory recognition of article 19 for the