For decision
CONFIDENTIAL
on 29 November 1988
MEMORANDUM FOR EXECUTIVE COUNCIL
Public Order Ordinance (Chapter 245)
PA
XCC (88) 164 30
Copy No.
Ni
3/12
HED 301/2
PUBLIC ORDER (AMENDMENT) BILL 1988
THE PROBLEM
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The Government is publicly committed to conducting a review of Section 27 (the so-called "false news" provision) of the Public Order Ordinance,
Ordinance, Chapter 245. An internal review has concluded that any benefit from the Section's existence in the law is heavily outweighed by the odium it has brought to Hong Kong's good name internationally, and the Government locally.
to
2
A
RECOMMENDATION AND ADVICE SOUGHT
It
is recommended that the Public Order (Amendment) Bill 1988 (Annex A), which repeals Section 27, be introduced into the Legislative Council.
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Members will be asked to advise recommendation should be approved.
BACKGROUND AND ARGUMENT
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In
the
Control
of
whether this
Publications
1951, (Consolidation) Ordinance ("the Ordinance") was enacted. To meet local conditions at the time, it contained
it contained a number of fairly draconian control provisions. The Ordinance has been reviewed periodically and in 1986, it was decided that -
(a) all the control provisions, with one exception,
should be repealed;
(b)
(c)
the remainder of the Ordinance should be overhauled and retitled Registration of Local Newspapers Ordinance; and
the one remaining control malicious publication in any
provision,
forbidding
local newspaper
of
false news likely to cause public alarm, should be transferred to the Public Order Ordinance.
The vehicles for implementing these changes were the Control of Publications (Consolidation) (Amendment) Bill and the Public Order (Amendment) Bill which were gazetted on 19 December 1986 and introduced into the Legislative Council on 7 January 1987.
CONFIDENTIAL