KOBANE
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0. FILM CENSORSHIP
1. The Need for Censorship
The Hong Kong Government need some powers which can be used in
extreme cases to control the exhibition of films.
The recent Film Censorship Ordinance provides that the censor
will take a number of matters into consideration in deciding whether
a film is suitable for exhibition, including whether there is a
likelihood that the exhibition of the film would seriously damage
good relations with other territories. This provision is necessary in the circumstances of Hong Kong. The Ordinance includes an
amendment put forward by the Hong Kong Government providing that
Article 19 of the International Covenant on Civil and Political
Rights (which deals with the principle of freedom of expression) is
to be taken into account by censors in deciding whether a film is
suitable for exhibition. The Hong Kong Government believe that
these concessions will meet most of the earlier objections to the
Bill.
2. Hong Kong's Previous Arrangements were not Lawful
The Hong Kong Government acted to put the vires of their film
censorship provisions (which had operated without legal challenge
for 30 years) beyond legal doubt.
3. Compatibility with the International Covenant on Civil and Political Rights
I do not consider that the Film Censorship Bill is incompatible
with the United Kingdom's obligations under the International
Covenant on Civil and Political Rights.
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