XN000022-1987-03-11 — Page 4

WEDNESDAY, MARCH 11, 1987

+BUT TWO MONTHS AGO IN ORDER TO BRING OUR LAWS INTO LINE WITH THE FREEDOMS WE PRACTISE IN HONG KONG, WE PROPOSED TO REPEAL THOSE DRACONIAN LAWS, AND RETAIN ONLY ONE CLAUSE IN ONE PIECE OF LEGISLATION WHICH IS SOLELY CONCERNED WITH THE MAINTENANCE OF PUBLIC ORDER, HE ADDED.

THE REMOVAL OF THE FALSE NEWS PROVISION FROM THE CONTROL OF PUBLICATIONS (CONSOLIDATION) ORDINANCE TO THE PUBLIC ORDER ORDINANCE WAS A +CLEAR INDICATION THAT THE PROVISION IS NOT MEANT TO LIMIT PRESS OR PERSONAL FREEDOM BUT SIMPLY SAFEGUARD THE COMMUNITY FROM FALSE NEWS WHICH IS LIKELY TO ALARM PUBLIC OPINION OR DISTURB PUBLIC ORDER+,

*WITHOUT DOUBT, THE PRESENT FORMULATION OF THE CLAUSE IS THE MOST MILDLY PHRASED SECTION IN ALL OUR PREVIOUS LEGISLATION.

IT IS FOR THIS REASON, AND FOR THIS REASON ALONE, THAT WE HAVE INCLUDED THIS CLAUSE IN THE PUBLIC ORDER ORDINANCE. SO WE BELIEVE THAT THE COMMUNITY IS ENTITLED TO PROTECTION FROM IRRESPONSIBLE REPORTS WHICH HAVE SERIOUS CONSEQUENCES FOR THE STABILITY OF THIS TERRITORY.

*IF IT IS EVER USED, IT WILL BE USED SPARINGLY, AND WITH PARTICULAR CARE. IT IS A MEASURE OF LAST RESORT.

+1 TOTALLY REJECT EVERY ALLEGATION WHICH IMPUTES THE MOTIVE OF THIS GOVERNMENT IN BRINGING IN THIS CLAUSE. SOME, SUCH AS THE ABSURD PROPOSITION THAT WE RETAINED IT TO SEEK FAVOUR WITH PEKING ARE BIZARRE TO SAY THE LEAST.+

MR FORD SAID HE WAS +ASTOUNDED BY THE WAY IN WHICH THIS PROPOSAL WHICH AIMS TO LIBERALISE PRESS LAW WAS GREETED IN THE LAST WEEK OF A TWO-MONTH CONSULTATION PERIOD BY OUR FRIENDS IN THE MEDIA+.

HE THEN GAVE A FEW EXAMPLES OF THE QUOTATIONS BY THE MEDIA.

+AS A LONGTIME DEFENDER OF THE PRINCIPLE OF FREE SPEECH I COULD HARDLY TAKE ISSUE WITH THE RIGHTS OF THE AUTHORS OF THESE QUOTATIONS TO SPEAK THEIR MIND AS THEY SEE FIT. BUT I ENJOY THAT FREEDOM TOO. I ENJOY THE FREEDOM TO SUGGEST THAT SUCH IRRATIONAL OUTBURSTS AS THESE DO LITTLE CREDIT TO CERTAIN SECTORS OF THE MEDIA IN HONG KONG,

IF ONE STUDIED WITH AN OPEN MIND THE CAREFUL EXPLANATION BY THE ATTORNEY GENERAL EARLIER DURING THE MEETING, ONE WOULD APPRECIATE THE VERY LIMITED EFFECT OF RETAINING IN THE PUBLIC ORDER ORDINANCE AN OFFENCE OF PUBLIC MISCHIEF FOR THE PUBLICATION OF FALSE NEWS, HE SAID.

+OVER THE MANY YEARS I HAVE BEEN CLOSELY ASSOCIATED WITH THE MEDIA IN HONG KONG, I HAVE ALWAYS BELIEVED, AND WILL CONTINUE TO BELIEVE. THAT THEY HAVE AN IMPORTANT ROLE TO PLAY AS WATCHDOGS IN OUR COMMUNITY, + MR FORD SAID,

/+RUT THE