XN000022-1987-03-11 — Page 18

WEDNESDAY, MARCH 11, 1987

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+FALSE NEWS+ CLAUSE SHOULD BE REPEALED

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SECTION 27 IN THE PUBLIC ORDER (AMENDMENT) BILL 1986 REGARDING THE PUBLISHING OF FALSE NEWS SHOULD BE REPEALED ALTOGETHER, THE HON HILTON CHEONG-LEEN SAID TODAY (WEDNESDAY).

IN THIS DAY AND AGE OF INSTANT COMMUNICATION, HE SAID, THE PERPETRATOR OF FALSE NEWS COULD BE SWIFTLY DISAVOWED AND LOSE CREDIBILITY.

SPEAKING DURING THE RESUMED DEBATE ON THE BILL IN THE LEGISLATIVE COUNCIL, MR CHEONG-LEEN SAID HE WAS NOT IN FAVOUR OF THAT PARTICULAR SECTION IN THE BILL AND THAT HE WOULD VOTE AGAINST IT, IN EITHER THE AMENDED VERSIONS TO BE MOVED BY THE HON MARTÍN LEE AND THE CHIEF SECRETARY AT THE COMMITTEE STAGE.

HE SAID ALTHOUGH THE EQUIVALENT OF THE +FALSE NEWS+ OFFENCE HAD BEEN PART OF THE LEGISLATION FOR MANY YEARS AND HAD SO FAR NOT BEEN INVOKED THE QUESTION WAS WHETHER IT WAS WORTHWHILE RETAINING THE OFFENCE AS A DETERRENT, OR WHETHER IT SHOULD NOW BE ELIMINATED ALTOGETHER AT A TIME WHEN FREEDOM OF SPEECH AND EXPRESSION WAS SUCH A HIGHLY SENSITIVE ISSUE DURING THE TRANSITION PERIOD.

+BY REINSTATING THE FALSE NEWS OFFENCE AT THIS PARTICULAR TIME ARE WE CAUSING FURTHER GENUINELY FELT ANXIETY THAT WE ARE IN DANGER OF EVER SO IMPERCEPTABLY SLIDING DOWN THE SLIPPERY SLOPE OF CONTROL OF THE PRESS AND OF FREE EXPRESSION?+ HE QUESTIONED.

ALSO SPEAKING DURING THE COMMITTEE STAGE OF THE BILL, MR CHEONG-LEEN SAID NEITHER OF THE TWO PROPOSED AMENDMENTS MOVED BY MR LEE AND THE CHIEF SECRETARY WAS A GOOD PIECE OF LEGISLATION, AND IT SUFFERED FROM BEING NEITHER FISH NOR FOWL IN THAT IT OBVIOUSLY AIMED TO APPLY TO THE PRESS IN PARTICULAR AND TO THE GENERAL PUBLIC AS WELL.

IF THE GOVERNMENT WISHED TO ESTABLISH LEGAL SAFEGUARDS AGAINST THE PRESS ACTING IN AN IRRESPONSIBLY WAY IT SHOULD HAVE BEEN MORE SPECIFIC IN THE DRAFTING OF THE REVISED AMENDMENT HE SAID.

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+AS FOR APPLICATION OF CLAUSE 27 TO OTHER MEMBERS OF THE GENERAL PUBLIC, I CAN ONLY EXPRESS TODAY MY GRAVE CONCERN SHOULD CLAUSE 27 BE ADOPTED TODAY, AND HOPE THAT THE ATTORNEY GENERAL WILL EXERCISE UTMOST CARE AND CAUTION IN PROTECTING THE FREEDOM OF EXPRESSION OF THE INDIVIDUAL CITIZEN IN HONG KONG,+ MR CHEONG- LEEN ADDED.

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