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WEDNESDAY, JULY 8, 1987
HK MUST MAINTAIN CORDIAL RELATIONSHIP WITH OTHERS
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GIVEN ITS EXTREME VULNERABILITY TO EXTERNAL INFLUENCES, HONG KONG MUST MAINTAIN A CORDIAL RELATIONSHIP WITH OTHER TERRITORIES OR COUNTRIES IN ORDER TO SUSTAIN ITS ECONOMIC AND POLITICAL STABILITY, DR THE HON HO KAM-FAI TOLDTHE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).
SPEAKING ON THE HON MARTIN LEE'S MOTION ON FILM CENSORSHIP REGULATIONS 1987, DR HO SAID THE RIGHT TO FREEDOM OF EXPRESSION WAS NOT AN ABSOLUTE RIGHT.
"IT IS SUBJECT TO CERTAIN RESTRICTIONS AND MUST HAVE PROPER REGARD TO PUBLIC INTEREST," HE SAID.
DR HO SAID THE QUESTION AS ΤΟ WHETHER OR NOT THE "GOOD RELATIONS" CLAUSE OF THE FILM CENSORSHIP REGULATIONS CONTRAVENED THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS WAS BEST ASSESSED BY REFERENCE TO THE LEGAL OPINION OF THE FOREIGN AND COMMONWEALTH OFFICE, BECAUSE THE UNITED KINGDOM BEING A SIGNATORY OF THE COVENANT, WOULD HAVE THE OBLIGATION TO DEFEND ANY ALLEGATION BREACH.
"THE OPINION OF FCO IS THAT THE INCONSISTENT WITH, OR IN VIOLATION OF,
OF
'GOOD RELATIONS' CLAUSE IS THE INTERNATIONAL COVENANT.
NOT
TH
HE FURTHER POINTED OUT THAT COMPARABLE PROVISIONS ON FILM CENSORSHIP ON "GOOD RELATIONS" GROUNDS EXISTED IN OTHER COUNTRIES WHICH WERE PARTY TO THE COVENANT.
DR HO SAID THE EUROPEAN COURT OF HUMAN RIGHTS AND THE HUMAN RIGHTS COMMISSION HAD RULED IN PREVIOUS DECIDED CASES THAT A STATE WAS ENTITLED TO A "MARGIN OF APPRECIATION" AND WAS PERMITTED TO TAKE INTO ACCOUNT THE PARTICULAR CIRCUMSTANCES IN DETERMINING WHAT WAS NECESSARY FOR ACHIEVING THE GOALS OF "PUBLIC ORDER". "NATIONAL SECURITY" OR "RESPECT OF THE RIGHTS OR REPUTATION OF OTHERS" + SPECIFIED IN ARTICLE 19(3) OF THE INTERNATIONAL COVENANT.
HE ALSO ADDED THAT UNDER HONG KONG LAW, BANNING EXHIBITION IN A CINEMA WOULD AUTOMATICALLY RESULT IN TELEVISION.
I
A
FILM FOR ITS BAN ON
"IN VIEW OF THE PERVASIVE INFLUENCE OF TELEVISION, THE ABSENCE OF CENSORING RESTRICTIONS ON 'GOOD RELATIONS' GROUNDS IN THE PRESS AND IN OTHER FORMS OF MEDIA SHOULD NOT LEAD TO THE ARGUMENT AGAINST SIMILAR RESTRICITIONS ON FILMS AND TELEVISION, AS IMPLIED BY MR ERIC BARENDT, ON WHOSE OPINION MR MARTIN LEE IN PART RELIED WHEN MOVING HIS RESOLUTION IN THIS COUNCIL, DR HO SAID.
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"IN MY VIEW, ONCE A LEGISLATIVE COUNCILLOR IS SATISFIED THAT CERTAIN PIECE OF LEGISLATION IS NECESSARY FOR ATTAINING SPECIFIED SOCIAL GOALS AND IS NOT INCOMPATIBLE WITH AN INTERNATIONAL COVENANT, HE SHOULD TAKE A DECISION AS TO WHETHER OR NOT TO ENACT THE LAW ON THE BASIS OF THE GREATEST INTEREST OF THE COMMUNITY.
ON THESE GROUNDS, DR HO SAID, HE OPPOSED THE RESOLUTION MOVED BY MR LEE,
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