XN000022-1988-05-18 — Page 14

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WEDNESDAY, MAY 18, 1988

HE WAS SPEAKING DURING THE THE FILM CENSORSHIP BILL 1988.

COMMITTEE

STAGE

DELIBERATIONS ON

THAT THE WORDS OF OBLIGATION THAN "TAKE

ON A SUPERFICIAL ANALYSIS, THERE WAS NO DOUBT "COMPLY WITH" SUGGESTED A STRONGER DEGREE INTO ACCOUNT", HE SAID.

STUDY THE BUT, THE LEGISLATIVE COUNCIL AD HOC GROUP SET UP TO

A SUPERFICIAL ANALYSIS BILL, AND WHICH HE CONVENED, HAD GONE BEYOND

NOT IN THE ABSTRACT AND HAD TESTED THE MERITS OF THE TWO FORMULAS, BUT RATHER IN THE CONTEXT OF LEGISLATIVE DRAFTING.

OF THE AMENDMENT

HE SAID THAT FIRST, AS TO THE EFFECTIVENESS

AN FOR THE PURPOSE OF JUDICIAL REVIEW, IT WAS A RULE OF LAW THAT WHEN

AND THAT INTERNATIONAL COVENANT WAS BINDING ON A STATE OR TERRITORY,

THEN ENACTED LEGISLATURE THE TERRITORY'S DOMESTIC

PROVISION BE "TAKEN INTO ACCOUNT" THE COURTS REQUIRING THAT THE COVENANT

OUT THE OBLIGATION OF THE WOULD INTERPRET THOSE WORDS AS TO CARRY COVENANT.

A

*

THE LEGISLATURE

THE POINT WAS THAT THE COURTS RECOGNISED THAT HAD ENACTED THE DOMESTIC LEGISLATION IN FULL KNOWLEDGE OF THE OR TERRITORIES' OBLIGATION UNDER THE COVENANT.

TO

GIVE

EFFECT ΤΟ

ARTICLE

STATES'

OF

THE

WITH

19 THIS OBLIGATION WAS INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS WHICH DEALT THE PRINCIPLE OF FREEDOM OF EXPRESSION.

THE

FORMULA

"COMPLY

WITH"

THEREFORE ACHIEVED NO GREATER INTO ACCOUNT", MR OBLIGATORY EFFECT IN LEGISLATIVE TERMS THAN "TAKE YEUNG SAID.

SECOND, AS A

MATTER

OF DRAFTING CLARITY,

IT WAS ENTIRELY A CENSOR "COMPLY OF ARTICLE RIGHT TO FREEDOM OF

THAT LEGISLATION INAPPROPRIATE TO REQUIRE IN THE WITH" ARTICLE 19 OF THE INTERNATIONAL COVENANT SINCE PART 19 ITSELF REQUIRED THAT ANY RESTRICTION ON THE EXPRESSION BE PROVIDED BY LAW.

A CENSOR WAS SIMPLY NOT COMPETENT TO

PROVIDE RESTRICTIONS BY

LAW. THIS WAS THE JOB OF THE LEGISLATURE, MR YEUNG SAID.

THIRD, EVEN OVERLOOKING THE DRAFTING THE 'COMPLY WITH" FORMULA WAS UNNECESSARY CONTEXT OF THE ROLE OF THE BOARD OF REVIEW.

DEFICIENCY NOTED ABOVE,

IN

THE

AND INAPPROPRIATE

INTO ACCOUNT'

GIVEN, IT "IT IS UNNECESSARY BECAUSE, FOR THE REASONS ALREADY

FORMULA; AND IT 18 ORDER FROM DUE WEIGHT ΤΟ THE

ACHIEVES NO MORE THAN THE 'TAKE INAPPROPRIATE BECAUSE IT IMPLIES THAT NOTHING SHORT OF AN

TO GIVE BOARD

MR YEUNG SAID.

THE LEGISLATURE WILL INDUCE THE PRINCIPLE OF FREEDOM OF EXPRESSION,

"

/"SUCH AN