CONFIDENTIAL
0352
MDHIAN 0327
* T
STIPULATION ON RELATIONS WITH OTHER TERRITORIES NOW REQUIRES THAT BANNING SHOULD DEPEND UPON A RISK OF A LIKELIHOOD THAT THE EXHIBITION OF THE FILM WOULD SERIOUSLY DAMAGE GOOD RELATIONS WITH OTHER TERRITORIES''. SECONDLY THERE IS AN INJUNCTION ON THE CENSOR TO GIVE DUE REGARD TO THE PROVISIONS OF THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS, PARTICULARLY THAT OF FREEDOM OF SPEECH AND EXPRESSION.
4. THE POLITICAL ADVISER HAS SEEN THE FILM. IN HIS VIEW NOT STRONG CASE COULD BE MADE THAT THE SHOWING OF THE FILM WOULD SERIOUSLY DAMAGE RELATIONS WITH THE PRC. IT WOULD CERTAINLY NOT RAISE STRONG POPULAR EMOTIONS OR AFFECT CURRENT HONG KONG ATTITUDES
TOWARDS THE MAINLAND.
5. NEVERTHELESS, THE CHINESE AUTHORITIES ARE WELL AWARE THAT WE HAVE BANNED THE FILM IN THE PAST. THEY HAVE DRAWN ATTENTION TO THEIR DISQUITE ABOUT THIS PARTICULAR FILM. IN 1987 AN NCNA OFFICIAL
TOLD THE PA'S OFFICE IN THE CONTEXT OF A PREVIOUS ATTEMPT BY THE
DISTRIBUTOR TO HAVE THE FILM APPROVED THAT THE SHOWING OF
''IF I WERE FOR REAL' OR ANOTHER CONTROVERSIAL FILM 'THE COLDEST WINTER IN PEKING' WOULD BE REGARDED WITH CONCERN BY THE CHINESE
AUTHORITIES.
6. WE MUST THEREFORE EXPECT THAT A DECISION TO ALLOW THE FILM TO BE SHOWN WOULD PRODUCE CHINESE OBJECTIONS. THESE WOULD NOT NECESSARILY BE CONFINED TO THE NCNA AND HONG KONG. THE CENTRAL AUTHORITIES COULD TAKE AN INTEREST: THERE MIGHT WELL BE REPRESENTATIONS TO THE EMBASSY. THE CHINESE COULD BE EXPECTED TO TAKE THE LINE NOT SIMPLY THAT WE WERE BEING UNFRIENDLY IN PASSING THE FILM BUT ALSO THAT THE HONG KONG AUTHORITIES HAD, BU INITIATING THE NEW LEGISLATION, LOST THE ABILITY TO KEEP CONTROL OF THIS SORT OF PROBLEM. THERE COULD BE SOME SPIN-OFF ONTO OTHER ISSUES ON WHICH WE WERE DEALING WITH THE CHINESE, ALTHOUGH, SUBJECT TO THE VIEWS OF PEKING, I WOULD NOT EXPECT THE EFFECTS TO LAST FOR LONG.
7. AGAINST THESE CONSIDERATIONS, WE MUST KEEP IN MIND LOCAL REACTIONS. WE MUST ASSUME THAT THE DISTRIBUTORS WOULD PUBLICISE ANY ATTEMPT AT A POLITICAL BAN. THOSE WHO SOUGHT TO ABOLISH THE POLITICAL ELEMENT OF THE FILM CENSORSHIP REGULATIONS WOULD SEIZE ON THE CASE TO QUESTION WHETHER A FILM OF THIS SORT COULD REALLY BE SAID TO RISK ''SERIOUS DAMAGE TO RELATIONS. THEY WOULD ARGUE THAT BY SO RULING THE GOVERNMENT WAS BOTH ABUSING THE NEW REGULATIONS AND SHOWING A PUSILLANIMOUS ATTITUDE TOWARDS CHINA, BODING ILL FOR THE FUTURE ETC.
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