XN000022-1987-07-08 — Page 10

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WEDNESDAY, JULY 8, 1987

"FURTHER, THE LEADING CASES DEMONSTRATE THAT THE REASONS GIVEN TO JUSTIFY A RESTRICTION MUST BE 'RELEVANT AND SUFFICIENT'.

MR LEE SAID THAT UP TO NOW, THE ADMINISTRATION HAD GOOD OR SUFFICIENT REASON AS TO THE NECESSITY OF SUCH A NAMELY, THAT THERE WAS A PRESSING SOCIAL NEED FOR IT.

NOT GIVEN PROVISION,

MR LEE SAID IT HAD BEEN SUGGESTED THAT HONG KONG WAS IN A VERY UNIQUE POSITION FOR ITS PROXIMITY TO CHINA AS WELL AS TAIWAN AND THAT IF THERE WAS NO POLITICAL CENSORSHIP OF FILMS, THEN A NUMBER OF POLITICAL FILMS WOULD BE PRODUCED, NOT FOR THE PURPOSES OF PROFIT, BUT FOR THE PURPOSES OF ADVANCING THE POLITICAL OBJECTS OF A PARTICULAR GOVERNMENT, THUS CAUSING INSTABILITY TO HONG KONG.

"

IT

WHILE SUCH A SCENARIO WAS POSSIBLE, MR LEE WAS NOT CONVINCED THAT IT WAS LIKELY. 'IN THE ABSENCE OF ANY CONCRETE EVIDENCE PRODUCED BY THE ADMINISTRATION, THE SUGGESTION IS MERE SPECULTATIVE, AND CERTAINLY DOES NOT FULFIL THE TEST LAID DOWN BY THE AUTHORITIES, NAMELY, THAT THE REASONS MUST BE RELEVANT AND SUFFICIENT.

"I

MR LEE POINTED OUT THAT THE PEOPLE OF HONG KONG WERE ENTIRELY FREE TO GO OR NOT TO GO TO A PARTICULAR CINEMA AND WATCH A PARTICULAR POLITICAL FILM, AND MOST PEOPLE BELIEVED THAT POLITICAL FILMS WOULD NOT ATTRACT A LARGE AUDIENCE. "15 IT, THEREFORE, CONCEIVABLE THAT THE EXHIBITION OF ONE OR MORE POLITICAL FILMS WILL REALLY BRING ABOUT INSTABILITY IN HONG KONG?"

MR LEE SAID THAT TWO NIGHTS AGO, MORE THAN 10 MEMBERS OF THE COUNCIL WERE GIVEN A PRIVATE SHOWING OF "THE COLDEST WINTER IN PEKING" AND "IF I WERE FOR REAL" TWO FILMS PRODUCED IN TAIWAN

BOTH OF WHICH USED LIFE WITHIN THE PRC AS THEIR SETTING.

J

-

HAVING SEEN THEM, I CANNOT UNDERSTAND WHY THEY HAVE BEEN BANNED. I DO NOT BELIEVE THAT ANY OF US LEAVING THE SHAW STUDIO BORE ANY FEELING OF ANIMOSITY TOWARDS THE PRC, THE CHINESE COMMUNIST PARTY, OR THE PEOPLE OF CHINA. I COMPLETELY FAIL TO SEE HOW EACH OF THESE TWO FILMS CAN BE SAID TO DAMAGE THE GOOD RELATIONS WITH THE PRC.

申申

ADVISER OF OF WARNING BEFORE THE

MR LEE NOTED THAT THE ADMINISTRATION SOUGHT ΤΟ JUSTIFY THIS PROVISION BY RELYING ON A LEGAL OPINION GIVEN BY A LEGAL THE FOREIGN AND COMMONWEALTH OFFICE. "I MUST SOUND A WORD HERE BECAUSE THE TRACK RECORD OF THE UK GOVERNMENT ITSELF EUROPEAN COURT OF HUMAN RIGHTS IS NOT VERY REASSURING 1967, OF A TOTAL OF 27 CASES SUBMITTED TO THE EUROPEAN COURT OF RIGHTS BY THE EUROPEAN HUMAN RIGHTS COMMISSION, JUDGMENT WAS GIVEN AGAINST THE UK GOVERNMENT IN 14 OF THEM WHILE SIX ARE STILL PENDING.

IN THAT SINCE

HUMAN

++ IN RELATION ΤΟ THE TWO FILMS WHICH WE SAW,

NEITHER CONSTITUTED AN ATTACK ON THE REPUTATIONS OF PUBLIC FIGURES' IN THE PRC AS THE PRINCIPAL CHARACTERS WERE ALL FICTIONAL. NOR DO THEY EXPOSE HONG KONG TO EITHER EXTERNAL OR EXTERNALLY-INSPIRED THREAT' FROM THE PRC."

/MR LEE

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