XN000022-1985-01-28 — Page 2

MONDAY, JANUAˆY 28, 1935

CURBS NEEDED ON ABUSES OF SPEECH FREEDOM

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TSAO

THE GOVERNMENT SUPPORTS THE PRINCIPLE OF FREEDOM OF EXPRESSION AND SPEECH, BUT HAS TO PROVIDE SOME FORM OF SANCTION TO PREVENT ABUSES OF THIS FREEDOM.

SPEAKING AT A HIGH TABLE DINNER AT HONG KONG UNIVERSITY'S LADY HO TUNG HALL THIS EVENING (JANUARY 28), THE SECRETARY FOR POME AFFAIRS, MR PETER TSAO SAID THAT IDEALLY A FREE SOCIETY SHOULD BE FREED FROM CENSORSHIP OF ANY KIND. HOWEVER, EXPERIENCE SHOWED THAT THERE WERE PEOPLE WHO WOULD ABUSE THIS FREEDOM AND ENCROACH UPON THE RIGHTS AND SENSIBILITIES OF OTHERS.

+THE DIFFICULT QUESTION THEN IS WHERE DOES GOVERNMENT DRAW THE LINE BETWEEN PROVIDING SUFFICIENT SANCTIONS TO GUARD AGAINST ABUSES AND YET ENSURING THAT THE INDIVIDUAL'S RIGHT TO EXPRESS IS MAINTAINED. THIS IS A FINE LINE WHICH GOVERNMENT HAS TO TREAD CAUTIOUSLY,+ MR TSAO SAID.

+ IN ADDRESSING THIS QUESTION, WE MUST INVARIABLY TAKE INTO ACCOUNT THE PARTICULAR CONTEXT OF HONG KONG, WHICH IS STILL

A PREDOMINANTLY CHINESE SOCIETY WITH TRADITIONAL CHINESE MORES AND CUSTOMS BUT CONSTANTLY OPEN TO INFLUENCES IN VALUES AND LIFE STYLES FROM OUR WESTERN TRADING PARTNERS,+ MR TSAO SAID.

WHEN DETERMINING WHICH MODE OF COMMUNICATION REQUIRES

CONSORSHIP, THE GOVERNMENT'S BASIC CONSIDERATION IS THE IMPACT THE PARTICULAR MODE HAS ON THE PUBLIC AS A WHOLE.

FOR THE WRITTEN OR PICTORIAL MEDIA, THE GOVERNMENT ADOPTS RETROSPECTIVE MEASURES.

+THEY ARE ONLY CURATIVE AND CANNOT BE REGARDED AS CENSORSHIP. FURTHERMORE, THESE MEASURES ARE INVOKED ONLY WHERE THERE IS A CLEAR CASE THAT OVERALL PUBLIC INTEREST IS AT STAKE OR PUBLIC SENSITIVITIES HAVE BEEN OFFENDED.

+WHAT DOES OR DOES NOT GIVE OFFENCE IS DETERMINED BY THE COURTS. ALTHOUGH THE HOME AFFAIRS BRANCH DOES GIVE ADVICE TO PUBLISHERS AND DISTRIBUTORS ON WHERE, IN OUR VIEW, THE LIMIT MIGHT BE,+ MR TSAO SAID.

AS REGARDS FILMS FOR PUBLIC VIEWING AND TELEVISION, MR TSAO #TRESSED THAT THE GOVERNMENT DID NOT DECIDE ON ITS OWN ACCORD WHAT PEOPLE SHOULD OR SHOULD NOT SEE. +WHATEVER CENSORSHIP STANDARDS

·OVERNMENT APPLIES IN THESE AREAS ARE DERIVED FROM WHAT WE PERCEIVE O BE WHAT THE COMMUNITY ITSELF AT LARGE CONSIDERS TO BE ACCEPTABLE OR NOT, + HE SAID.

/ME COMMISSIONER