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WEDNESDAY, MARCH 11, 1987

+ BUT THE TREMENDOUS INFLUENCE THEY EXERT OVER THE PUBLIC CARRIES WITH IT THE RESPONSIBILITY TO PRESENT ARGUMENTS IN A FAIR AND BALANCED WAY, AND WHEREVER POSSIBLE TO ENSURE THAT THEIR NEWS IS TRUTH.

+SIMILARLY, IT IS FOR THE GOVERNMENT TO EXERCISE ITS POWERS IN A RESPONSIBLE WAY. THE TRACK RECORD OF THIS GOVERNMENT, I BELIEVE, CAN GIVE NO CAUSE FOR CONCERN IN THIS REGARD.+

DESPITE ALL THAT HAD BEEN WRITTEN ABOUT THE IMMEDIATE AND DAMAGING EFFECT OF INTRODUCING THIS LEGISLATION, MR FORD SAID, HE DID NOT BELIEVE THAT THE MEDIA OR THE PEOPLE OF HONG KONG FORESAW THE PROSPECT OF THE GOVERNMENT MAKING USE OF IT TO INHIBIT PERSONAL FREEDOM.

+MANY MEMBERS OF THE MEDIA HAVE INDEED MADE THIS POINT TO ME SPECIFICALLY.

+THEIR REAL FEARS HAVE BEEN NEATLY DESCRIBED BY THE VICE- CHAIRMAN OF THE NEWSPAPER SOCIETY. THIS BILL WILL BE THE PERFECT WEAPON IN TIME, SHOULD THE AUTHORITIES USE IT TO GAG THE PRESS.

+SO AT THE HEART OF THEIR PROBLEM APPEARS TO BE THE THOUGHT THAT A FUTURE GOVERNMENT OF THIS PLACE COULD USE THIS BILL IN A REPRESSIVE AND AUTHORITARIAN WAY.+

MR FORD SAID HE FOUND THIS ARGUMENT DIFFICULT TO FOLLOW ON THREE GROUNDS.

+FIRSTLY, IF THE RULE OF LAW IS TO CONTINUE TO APPLY THE CONSIDERABLE BURDEN OF PROOF WHICH LIES WITH THE PROSECUTION WILL CERTAINLY INHIBIT ITS USE AS A REPRESSIVE MEASURE AGAINST THE FREEDOM OF THE PRESS.

+SECONDLY, THE ABSENCE OF ANY LAW WHICH MAKES THE DISSEMINATION OF FALSE NEWS AN OFFENCE WOULD NOT IN ITSELF GUARANTEE THAT THERE WOULD BE TOTAL PRESS FREEDOM. INDEED A BETTER SAFEGUARD WOULD BE TO BUILD A SYSTEM WITH CHECKS AND BALANCES SO AS TO ENSURE THAT POWERS WERE NOT ABUSED.

+THIRDLY, SADLY, IF HOWEVER A FUTURE GOVERNMENT IS DETERMINED TO RESTRICT PRESS FREEDOM THE ABSENCE OR PRESENCE OF A LAW WOULD NOT INHIBIT IT, AS EVERY JOURNALIST WHO HAS WORKED ELSEWHERE IN THE REGION MUST KNOW.+

MR FORD ASKED MEMBERS OF THE COUNCIL TO CONSIDER THE RECORD OF THE HONG KONG GOVERNMENT ON THE QUESTION OF PERSONAL FREEDOM WHILE RECOMMENDING THE BILL TO THE COUNCIL IN ITS REVISED FORM.

/+BBCAUSE THIS

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