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035250
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E) WE HAVE ALSO TAKEN INTO ACCOUNT THE FACT THAT IF THE FILM WAS BANNED, AN APPEAL AGAINST THE BAN WOULD PROBABLY SUCCEED.
F) IN ALL THE CIRCUMSTANCES, AND ANTICIPATING THE WAY THE ISSUE COULD BE BLOWN UP IN PUBLIC, WE HAVE CONCLUDED THAT AN ATTEMPT TO BAN THE FILM ON GROUNDS OF SERIOUS DAMAGE WOULD ITSELF DO MORE GENUINE DAMAGE THAN ALLOWING IT TO BE SHOWN. ACCUSATIONS THAT THE GOVERNMENT WAS ABUSING THE POWERS ON A MATTER OF THIS SORT WOULD BE PARTICULARLY DAMAGING AT A TIME OF DISCUSSION ON THE SECOND DRAFT OF
THE BASIC LAW.
11.
THE
OTHER POINTS WHICH COULD BE MADE IN RESPONSE TO OBJECTIONS BY
CHINESE ARE:
I) WE DO NOT ANTICIPATE THAT SHOWING THE FILM WILL CAUSE PROBLEMS
BETWEEN PRO AND ANTI MAINLAND FACTIONS IN HONG KONG:
II) THERE IS NO QUESTION OF THE HONG KONG AUTHORITIES HAVING LOST
THE ABILITY TO RESTRICT THE SHOWING OF FILMS ON POLITICAL GROUNDS WHERE THERE ARE CLEAR GROUNDS FOR BELIEVING THAT SERIOUS DAMAGE WOULD ENSUE. TO PRESERVE THIS POWER INTACT, IT IS IMPORTANT THAT THE PUBLIC SHOULD REALISE THAT IT WILL BE USED ONLY IN GENUINELY SERIOUS CASES.
III) IT IS IMPORTANT, IN THE LIGHT OF THE PROVISIONS OF THE JOINT DECLARATION, TO DEMONSTRATE TO THE HONG KONG COMMUNITY THAT DUE REGARD IS GIVEN TO THE RIGHT OF FREEDOM OF SPEECH AND EXPRESSION IN ACCORDANCE WITH THE TERMS OF THE INTERNATIONAL CONVENTION. SURE THE CHINESE WOULD AGREE ON THE IMPORTANCE OF THIS POINT FOR CONFIDENCE.
12. THERE IS A DEADLINE OF 3 FEBRUARY FOR THE COMMISSIONER TO APPROVE THE FILM OR OTHERWISE. GRATEFUL FOR ANY COMMENTS ON THE PROPOSED LINE OF ACTION FROM YOU AND PEKING DESKBY 02010OZ.
WILSON
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