A

CONFIDENTIAL

4.

In recent years, however, the climate of opinion has changed

somewhat.

In Hong Kong, there has been growing sensitivity in some

quarters over the whole question of censorship. And in China (until recently) there was an increasing readiness to tolerate

literary and artistic freedom. Against this background, revised

film censorship legislation was passed in 1988. It continued to

permit the Hong Kong Government to ban films if it so decided, but

it tightened the rules in a number of ways. It stated that a ban on

political grounds had to depend on there being "a likelihood that the exhibition of the film would seriously damage good relations with other territories". There is also a new provision for appeals against decisions by the censor. A further new provision sets down a timetable within which decisions must be made. Even this tightly drawn legislation aroused much controversy in Hong Kong amongst those who considered that political censorship was inappropriate under any circumstances.

5.

both

Since the passing of the revised film censorship legislation,

two contentious anti communist films from Taiwan have been submitted

for a permit. Both had been previously banned in Hong Kong; were allowed to be shown under the new legislation.

were consulted about each of these decisions.

Ministers

6

two.

"Portrait of a Fanatic" is in the same mould as the previous

It relates the life of a Chinese artist, criticises the lack of artistic freedom during the Cultural Revolution, and implies that patriotism is worthless when China is run by communists. 1982, the film was previously banned in Hong Kong.

Argument

Made in

7.

The case for not banning the film is in my view clear cut:

(a) "Portrait of a Fanatic" is in the view of Hong Kong not as controversial as the previous two films which were shown under the

new legislation (para 3 of Hong Kong telno 2591 refers).

CONFIDENTIAL

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