OUTWARD TELEGRAM
FROM THE SECRETARY OF STATE FOR THE COLONIES
Copy
1
96845/Secret
1/49
Cypher (C,T.P.)
TO HONG KONG (Six A. Grantham)
Sent 21st March, 1949 18.30 hrs.
No. 314 Saaret.
(2) on Ophrysle
X
Your despatch No. 3 of 5th January.
Printers and Publishers Ordinance,
Although I appreciate that conditione in Hong Kong call for special action I am somewhat concerned at proposals in your despatch and shall be grateful if you will re-examine them in accord-pce with following comments.
2, Legislation under A has to be considered in the light of the draft Preedom of Information Convenation sponsored by United Kingdom - see circular priority savingrem of 1st June and in particolar Articles 1 and 2 of Convention III at Annexe A.
I am at the moment in consultation with the Foreign Secretary in regard to the attitude which H.N.G. should adopt towards the draft Concention in the altered circumstances which have arisen in "cold war" relationships, and which appear to make it essential for Colonial Governors to be equipped with powers for suppressing dangerous publications (such as can properly be taken under Emergency Regulations when an emergency has been declared), aa a precautionary measure, before the situation hae deteriorated to a point when the declaration of an emergency would be warranted, It would therefore be preferable to defer legislation se et A - if you feel this can safely be done - until
can advise you further. In the meantime suggest you send me draft of provisions you desire for consideration before publication, As at present advised I do not feel I can go further than agree to giving power to a court to suspend a newspaper for a limited period after conviction for offences of the kind enumerated in Article 2 of the draft Convention.
3 Regarding Legislation under B the same consideratiopa apply but I see no objection to an ancillary power to grant an interlocutory injunction provided the prohibited toplos ero within those listed in Article 2 of drait Convention,
AB
¿ Legislation under C would I presume be similar to legislation recently passed in Uganda which gave rise to considerable criticism here. Uganda Ordinance providing for publication of official "correcting statement" but it is a defence to a charge of refusal to publish such a statement if defendant proves that original statement was true of correcting statement not true. result of this and of recent cages of Prese prosecutione in other Colonies, Empire Press Union are instituting full enquiry into Conial Prese laws, One criticism of proposed legislation may be that in event of paper being prosecuted for refusing publish officiel deniel neither Courts nor prosecution por defendant could readily astablish or disprove truth of statements e.. if atatements relate
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