WEDNESDAY, MAY 13, 1987
3
NO CASE YET FOR REVIEW OF SECTION 27
*****
THE GOVERNMENT IS AWARE OF THE ANXIETY GENERATED IN SOME QUARTERS AND PARTICULARLY IN THE MEDIA BY THE RETENTION OF SECTION 27 OF THE PUBLIC ORDER ORDINANCE, BUT DID NOT YET SEE A CASE FOR A REVIEW OF THE SECTION, THE CHIEF SECRETARY, THE HON DAVID FORD, SAID IN THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).
REPLYING TO A QUESTION BY THE HON HILTON CHEONG-LEEN, MR FORD SAID HE BELIEVED THAT MUCH OF THE ANXIETY WAS BASED ON A MISUNDERSTANDING OF THE PURPOSE OF THE LAW AND ITS PRACTICAL
EFFECTS.
+TO HELP PUBLISHERS UNDERSTAND THEIR POSITION UNDER THE LAW AND TO DEMONSTRATE HOW THIS PROVISION WILL BE APPLIED IN PRACTICE, THE ATTORNEY GENERAL HAS RECENTLY PUBLISHED THE QUIDELINES WHICH HIS CHAMBERS WILL FOLLOW WHEN ADVISING HIM ON WHETHER TO PROSECUTE UNDER THIS SECTION.
+THIS STEP WILL, I AM SURE, GO A LONG WAY TO REMOVE CONCERN THAT THE PROVISION PLACES UNWARRANTED CONSTRAINTS ON THE FREEDON OF THE PRESS.+
HE SAID THAT THE PRINCIPLE BEHIND THIS CLAUSE WAS THAT THE COMMUNITY WAS ENTITLED TO PROTECTION UNDER THE LAW AGAINST IRRESPONSIBLE SCAREMONGERING CAUSED BY THE PUBLICATION OF FALSE NEWS.
+THE COMPACTNESS OF THE TERRITORY, THE VERY LARGE NUMBER OF NEWSPAPERS AND THE TRADITION THEY HAVE OF PICKING UP ITEMS FROM OTHER NEWSPAPERS MEANS THAT RUMOURS TRAVEL EXTREMELY QUICKLY.
+THERE HAVE BEEN MANY EXAMPLES OF REACTIONS BECOMING QUITE OUT OF PROPORTION TO THE SIGNIFICANCE OF THE NEWS, HE SAID.
+HONG KONG IS PARTICULARLY SENSITIVE TO THE SPREAD OF FALSE NEWS IN A WAY THAT DOES NOT APPLY TO OTHER LESS DENSELY POPULATED COMMUNITIES, HE ADDED.
+IT WAS THIS FACTOR,+ HE SAID, WHICH WAS UPPERMOST IN THE MINDS OF THE MEMBERS OF THE EXECUTIVE COUNCIL WHEN THEY ADVISED THIS PROVISION SHOULD BE INCLUDED IN THE LAW AND, THE REASON WHY THIS COUNCIL ALSO ENDORSED ITS RETENTION.+
HE SAID THE FALSE NEWS PROVISION SHOULD NOT INHIBIT JOURNALISTS FROM PUBLISHING NEWS WHICH THEY BELIEVE TO BE TRUE.
ť +THE PROVISION IS SURELY CONSISTENT WITH PROFESSIONAL STANDARDS WHICH THE RESPONSIBLE MEDIA HAVE ALWAYS SET THEMSELVES.
+ INDEED, I HAVE NOT NOTICED THAT EITHER BEFORE, OR SINCE, THE PASSING OF THIS LAW, THE MEDIA HAVE APPEARED TO BE IN ANY WAY INHIBITED BY IT.+
+AS I