WEDNESDAY, MARCH 11, 1987
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SAFEGUARDS AGAINST PRESSURE ON PRESS PROPOSED
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PROVISIONS TO SAFEGUARD AGAINST UNDUE PRESSURE ON JOURNAL ISTIC PRACTICE, TO BE EMBODIED IN THE CONTROL OF PUBLICATIONS (CONSOLIDATION) (AMENDMENT) BILL 1986 AND THE PUBLIC ORDER (AMENDMENT) BILL 1986, WERE PROPOSED BY THE HON CHEUNG YAN-LUNG.
SPEAKING DURING THE RESUMED DEBATE OF THE TWO BILLS IN THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY), MR CHEUNG SAID HE SUPPORTED THE GENERAL SPIRIT OF THE LEGISLATIONS, BUT RECOGNISED THAT NO AMOUNT OF VERBAL ASSURANCES OTHER THAN CONCRETE MEASURES ENSHRINED IN THE LAW MIGHT ALLAY THE FEARS OF THOSE IN THE TRADE OF PUBLICATION.
HE SUGGESTED THAT THE TRIAL OF +PUBLISHING FALSE NEWS+ SHOULD BE CONDUCTED BY JURY AND THAT THE +BURDEN OF PROOF+ SHOULD BE IMPOSED ON THE PROSECUTION RATHER THAN THE DEFENDANT AS TWO SAFEGUARDS AGAINST UNDUE PRESSURE.
MR CHEUNG SAID THE MAINTENANCE OF A FREE PRESS SHOULD BE REGARDED AS THE CORNERSTONE OF GOVERNMENT'S POLICY IN THE AREA OF THE MEDIA COMMUNICATION.
HE NOTED THAT MUCH OF THE CONTROVERSY WAS CENTRED ON THE PROPOSED AMENDMENT TO THE PUBLIC ORDER ORDINANCE,
HE SAID THE PROVISION WAS INTENDED AS A SAFEGUARD AGAINST POSSIBLE ABUSES AND THAT IT WAS BEING INTRODUCED ON THE UNDERSTANDING THAT JOURNALISTS SHOULD NOT ABUSE THE IR RIGHTS IN PERFORMING A PUBLIC FUNCTION.
HE FELT OBJECTIONS OVER THE PROVISION LAY IN THE AMBIGUITIES WHEN IT CAME TO APPLICATION OF THE LAW.
+THERE SHOULD BE CLAR IF ICATIONS ON THE PART OF THE GOVERNMENT ON THE WAYS TO ASSESS OR ASCERTAIN THE EFFECT OF A NEWS ITEM WHICH IS ALLEGEDLY RESPONSIBLE FOR 'ALARMING PUBLIC OPINION OR DISTURBING PUBLIC ORDER',+ HE SAID.
+NO SUCH IMPORTANT LAW, EVEN IF PASSED BY THE COUNCIL, MAY BE EFFECTIVE FOR THE FULFILMENT OF ITS ORIGINAL PURPOSE UNLESS IT IS SO CLEARLY DRAFTED AS TO LEAVE VERY LITTLE ROOM FOR ABUSE BY ALL THOSE CONCERNED, HE ADDED.
MR CHEUNG ALSO CAUTIONED THAT THE LIBERATION OF THE PRESS FROM ANARCHRONISTIC LEGAL MEASURES SHOULD NOT MEAN A LICENCE TO PRINT WHAT ONE LIKED.
+WHERE THE AUDACITY TO SPEAK WITH A HIGH DEGREE OF DECENCY WILL ENSURE A HEALTHY STATE OF MASS COMMUNICATION BUSINESS ABUSES - NOTABLY WHEN IT BECOMES A PHENOMENON - WILL IN DUE COURSE ENGENDER A PUBLIC SENTIMENT THAT MAY CRY FOR A RE- INSTITUTING OF THE CONSTRAINTS OF THE KIND WHICH WE WILL SOON REMOVE AND WHICH NO ONE, LEAST OF ALL OUR FRIENDS IN THE JOURNAL ISTIC FIELD, WOULD LIKE TO SEE,+ HE SAID.
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