51. Mr. COORAY said that he, like Mr. Wennergren, was concerned by the legislation about the publication of false news, particularly as it placed on the accused the burden of proving that he had had reasonable grounds at the time to believe that the news was true. It was often difficult to furnish such proof and, moreover, such a provision would destroy people's willingness to impart information to journalists. He inquired whether there was any intention on the part of the United Kingdom Government to examine that provision in relation to article 19 of the Covenant with a view to restricting its application in Hong Kong.
52. Mr. FEARN (United Kingdom) said he was not clear whether Mr. Mommersteeg felt that the report skated over the freedom of thought and expression. He believed that the United Kingdom was acting in accordance with article 19 of the Covenant.
53. Mr. HENDRY (United Kingdom) said that, with regard to article 19 of the Covenant, the position in the dependent territories was the same as in the United Kingdom in the matter of seeking information from Government officials. There was no legislation providing for it to be made available, but there was freedom of access. Account had, of course, to be taken of the Official Secrets Act. Section 2 of that Act was so broad-ranging that it could include almost any information and had been much criticized in the United Kingdom for many years. As a result, active consideration was now being given in the United Kingdom to repealing that section. He expected that it would be amended during the next year or two and that the amendments would apply to all the dependent territories.
54.
Mr. MARTIN (United Kingdom) said that the definition of blasphemy referred to by Mr. Wako did apply in Hong Kong. However, in connection with the return of sovereignty of Hong Kong to China many laws were being reviewed, and the provisions on blasphemy, which were indeed more relevant to the United Kingdom than to Hong Kong, would certainly be looked at in that connection.
He was not aware that there had been any prosecution in Hong Kong for blasphemy, certainly not during the 10 years of his own service there.
55.
In answer to Mr. Lallah's question about political parties, there were no political parties in Hong Kong of the kind found in the United Kingdom and There were other Western countries, but there was no prohibition on them.
various groups of interested persons to which various names had been attached, for example, "the liberal camp" and "the conservative camp" and they might well evolve to become true parties. That was a matter for the people and for the elected members of the legislature to decide.
56.
Individual members campaigning for election had full access to the media and had made extensive use of that freedom. Many open-air meetings had been held where amplification had been used, although it had occasionally been prohibited.
57.
With regard to the provision of false news, legislation concerning the matter was intended to be included in the review, which should be completed at
the end of the year. He could provide a more detailed answer if required.