13
WEDNESDAY, MAY 18, 1988
AS
WHICH
"SUCH AN APPROACH 19 ENTIRELY INCONSISTENT WITH THE LEGISLATURE'S INTENTION
ΤΟ THE FUNCTION OF THE NON-OFFICIAL MEMBERS COMPRISES A MAJORITY OF CHAIRMAN, PERFORMING AN INDEPENDENT ROLE."
WITH
BOARD,
A
NON-OFFICIAL
MR YEUNG SAID THE INTENDED EFFECT OF THE "TAKE INTO ACCOUNT"
THE FORMULA WAS TO OBLIGE
CENSOR TO ACT IN ACCORDANCE WITH THE PRINCIPLE OF FREEDOM OF EXPRESSION SET OUT IN ARTICLE 19.
TERMS
THE RIGHT TO FREEDOM OF EXPRESSION, BOTH IN COMMON SENSE AND AS USED IN ARTICLE 19, COULD NOT BE AN ABSOLUTE AND UNQUALIFIED RIGHT TO BE ELEVATED ABOVE ALL OTHER CONSIDERATIONS, HE SAID.
RIGHT TO ILLUSTRATING THIS POINT BRIEFLY, HE SAID THAT IF THE FREEDOM OF EXPRESSION WERE TO BE TREATED AS ABSOLUTE AND UNQUALIFIED, THERE COULD BE NO LAWFUL CONSTRAINTS UPON VIOLENCE OR PORNOGRAPHY IN FILMS OR IN ANY OTHER MEDIA.
TO ARTICLE 19 THEREFORE RECOGNISED THAT THE RIGHT EXPRESSION WAS NOT ABSOLUTE OR UNQUALIFIED.
STATED,
NECESSARY ΤΟ
FREEDOM
OF
THIS WAS WHY THE ARTICLE
IN PARAGRAPH
THAT 3,
THE
WITH IT RIGHT "CARRIES
SPECIAL RESPONSIBILITIES AND DUTIES" AND THE RESTRICTIONS MIGHT BE SUBJECT TO CERTAIN RESTRICTIONS SO LONG AS
AND WERE WERE PROVIDED BY LAW
AMONG PROTECT, THINGS, THE INDIVIDUAL COUNTRIES' OR TERRITORIES' NATIONAL INTEREST.
OTHER
MR YEUNG SUBSEQUENTLY MOVED A COMMITTEE STAGE AMENDMENT TO BILL BY ADDING AFTER CLAUSE 10 (3) (C) THE FOLLOWING
"(D) 19 OF THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS DEALS WITH THE PRINCIPLE OF FREEDOM OF EXPRESSION)."
THE
ARTICLE (WHICH
THIS WOULD REQUIRE THE CENSOR TO TAKE INTO ACCOUNT ARTICLE 19.
WAS TWOFOLD. FIRST, IT THE PRINCIPLE OF FREEDOM OF COVENANT AND OBLIGED THE IT, SUBJECT ONLY TO THE LIMITED WERE THEMSELVES SET OUT IN THE
HE SAID THE EFFECT OF THIS AMENDMENT GAVE EXPRESS STATUTORY RECOGNITION TO EXPRESSION ENSHRINED IN ARTICLE 19 OF THE
FULL. EFFECT ΤΟ CENSOR TO GIVE RESTRICTIONS ON THE FREEDOM WHICH ARTICLE.
RECOGNITION OF ARTICLE REVIEW WHEN IT CONSIDERED THE
SECOND, IT PROVIDED A CLEAR STATUTORY 19 FOR THE PURPOSES OF THE BOARD OF LEGITIMACY OF A CENSORSHIP DECISION.
19. UNDER THIS MR YEUNG ALSO MOVED AN AMENDMENT UNDER CLAUSE
COULD "DIRECT" THE AMENDMENT, THE WORDING THAT THE CHIEF SECRETARY
A
DECISION BOARD OF REVIEW TO CARRY OUT A REVIEW OF
CENSORSHIP
WAS CHANGED SO THAT THE CHIEF SECRETARY WOULD ONLY BE EMPOWERED TO "REFER" REQUESTS FROM AGGRIEVED PARTIES TO THE BOARD.
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