XN000022-1987-07-08 — Page 5

WEDNESDAY, JULY 8, 1987

3

FILM REGULATIONS BALANCE INDIVIDUAL RIGHTS WITH COMMUNITY INTERESTS

FILM THE

CENSORSHIP REGULATIONS STRIKE

BETWEEN A BALANCE THE NEED TO MAINTAIN PUBLIC INDIVIDUAL RIGHTS ON THE ONE HAND AND

THE OTHER, THE ORDER, SECURITY AND THE INTEREST OF THE COMMUNITY ON ATTORNEY

MICHAEL THOMAS, TOLD THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).

GENERAL.

THE HON

DISAPPROVE A FILM THERE WAS A LIKELIHOOD GOOD RELATIONS WITH

TO FOR

HE SAID IT WAS THE APPROACH OF THESE REGULATIONS WHICH GAVE

NOT HE MIGHT DISCRETION, FOR A CENSOR A EXHIBITION UNLESS IN HIS CONSIDERED OPINION THAT ITS SHOWING IN A PUBLIC PLACE WOULD DAMAGE OTHER TERRITORIES.

PUT FORWARD IN RESPONSE TO THE LEGAL ASPECTS OF THE ARGUMENTS

THAT THE PROPOSED BY THE HON MARTIN LEE

REGULATIONS WOULD BREACH INTERNATIONAL COVENANT ON CIVIL ARTICLE 19 OF THE

AND POLITICAL THE DEBATE WAS WHETHER THE RIGHTS, MR THOMAS SAID THE QUESTION OF

FAIRLY FILMS COULD

BE PROPOSED POWER TO RESTRICT THE EXHIBITION OF

BY REGARDED AS FALLING WITHIN THE SCOPE OF THE RESTRICTIONS PERMITTED ARTICLE 19.

AND THE "THE RIGHTS IN ARTICLE 19, THE RIGHT TO EXPRESS VIEWS

OTHERWISE. CAN NEVER RIGHT TO RECEIVE THEM, IN THE FORM OF FILMS OR BE ABSOLUTE OR UNLIMITED.

A VARIETY OF WAYS "THEY ARE ORDINARILY RESTRICTED BY LAW IN

TO PROTECT THE INTERESTS OF THAT ARE FREELY ACCEPTED: FOR EXAMPLE OTHERS, OR TO PROTECT THE INTERESTS OF THE COMMUNITY AS A WHOLE.

TI

"SUCH RESTRICTIONS ARE CLEARLY CONTEMPLATED BY ARTICLE 19.

IN ARTICLE 19 FOR FIRST ONE

THAT

REFERRING TO THE THREE CRITERIA LAID DOWN THE RESTRICTIONS IT PERMITTED MR THOMAS SAID THE THEY MUST BE PROVIDED BY LAW WAS CLEARLY SATISFIED.

WILL HAVE EFFECT UNDER

"WE ARE DEBATING A RESTRICTION WHICH REGULATIONS THAT MAY HAVE THE FORCE OF LAW," HE EXPLAINED.

THE RESTRICTIONS IMPOSED MUST THE SECOND CRITERION WAS THAT

OF SERVE THE PURPOSES MENTIONED IN ARTICLE 19, WHICH INCLUDED RESPECT

OF OTHERS AND PROTECTION OF NATIONAL THE RIGHTS OR REPUTATIONS SECURITY OR OF PUBLIC ORDER, OTHERWISE INTERPRETED AS ORDRE PUBLIC.

LIKELY TO

DAMAGE GOOD

"IT IS THE CONSIDERED VIEW OF THE ADMINISTRATION, BASED ON

A FILM ADVICE WE HAVE RECEIVED THAT IF THE CENSOR WERE TO BAN

RELATIONS WITH THE CENSOR THOUGHT TERRITORIES, AND THEREFORE WARRANTED RESTRICTION, HIS DECISION FALL WITHIN THE SCOPE OF THOSE PURPOSES,"

THE

THAT

OTHER

WOULD

/MR THOMAS