CONFIDENTIAL
о
175432
MDLIAN 6606
CONFIDENTIAL
FM HONG KONG
TO PRIORITY FCO
TELNO 4307
OF 23110OZ NOVEMBER 88
INFO PRIORITY PEKING
MKD 301/2
_4.07
ل به
a
PUBLIC ORDER ORDINANCE: REVIEW OF SECTION 27
TOP COPY Q DIST ?
1. YOU WILL REMEMBER THAT, WHEN THE PUBLIC ORDER ORDINANCE (POO) WAS AMENDED IN MARCH 1987 TO LIBERALISE EXISTING LAWS AFFECTING THE PRESS, THERE WAS A CONSIDERABLE AND SUSTAINED MEDIA-LED OUTCRY AGAINST RETENTION OF A PROVISION MAKING IT AN OFFENCE TO PUBLISH FALSE NEWS LIKELY TO CAUSE PUBLIC ALARM THE 'FALSE NEWS'' CLAUSE.
I
2. EARLIER THIS YEAR WE MADE A COMMITMENT TO REVIEW THE ''FALSE
NEWS' CLAUSE BEFORE THE END OF THE YEAR. IN MY LEGCO ADDRESS
I CONFIRMED THAT THIS WAS BEING DONE.
3. THE INTERNAL REVIEW HAS NOW BEEN COMPLETED. IT CONCLUDES THAT THE ''FALSE NEWS' CLAUSE SHOULD BE REPEALED. A PAPER WITH THIS RECOMMENDATION WILL GO TO EXCO ON 29 NOVEMBER. IF APPROVED, THE NECESSARY LEGISLATION WILL BE INTRODUCED TO LEGCO ON 14 DECEMBER. COPIES OF THE EXCO MEMORANDUM HAVE ALREADY BEEN SENT BY BAG TO YOU
AND PEKING.
4. IF EXCO APPROVE THE RECOMMENDATION TO REPEAL THE CLAUSE, WE PROPOSE TO BRIEF THE CHINESE THE DAY BEFORE GAZETTING THE AMENDING
LEGISLATION. THE LINE WE WILL TAKE WILL BE AS FOLLOWS:
I) THE ''FALSE NEWS CLAUSE HAS CREATED A POLITICAL FURORE QUITE OUT OF PROPORTION TO ITS SIGNIFICANCE. THOSE OPPOSING THE CLAUSE HAVE MANAGED TO USE IT TO PAINT A PICTURE OF HONG KONG WHICH IS DAMAGING BOTH INTERNATIONALLY AND, TO SOME EXTENT, INTERNALLY.
II) IT HAS BECOME CLEAR IN THE PERIOD SINCE THE POO WAS PASSED THAT IT WOULD, IN PRACTICE, BE VERY DIFFICULT TO USE SECTION 27 AS A BASIS FOR PROSECUTION IN THE COURTS. RETAINING THE CLAUSE THEREFORE SERVES NO USEFUL PURPOSE. WE HAVE DECIDED TO INTRODUCE
LEGISLATION TO REPEAL IT.
III) IN THE EVENT OF REALLY SERIOUS INTERNAL SECURITY PROBLEMS WHERE THE DISSEMINATION OF ''FALSE NEWS' COULD EXACERBATE THE
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