XN000022-1992-02-26 — Page 4

N

WEDNESDAY, FEBRUARY 26, 1992

HE

SAFEGUARD

WAS MOST

INTRODUCED

OF THESE COULD BE

OUT THAT AN ADDITIONAL POINTED WHICH SPECIFIED THAT REVEALING SUCH INFORMATION IN SPECIFIC AREAS WAS

IF THE DISCLOSURE ONLY AN OFFENCE DEMONSTRATED TO HAVE BEEN DAMAGING TO THE NATIONAL INTEREST.

THAN THEY

THE CHIEF SECRETARY ALSO SAID SOME MEMBERS HAD SAID THAT RATHER KONG, APPLYING THE UNITED KINGDOM LEGISLATION DIRECTLY TO

BY LOCALLY ENACTED WOULD PREFER TO SEE THE 1911 ACT REPLACED

LAWS.

"I UNDERSTAND THIS ARGUMENT, BUT WE IN THE ADMINISTRATION TAKEN THE VIEW THAT THIS IMPORTANT ADVANCE SHOULD NOT BE DELAYED.

HAVE

LOCAL LEGISLATION "IT

WOULD TAKE FAR LONGER CLEARLY TO ENACT AND I CAN SEE NO GOOD REASON TO DELAY ACTION WHEN WE HAVE A READY-MADE

HE SAID. PROVISION WHICH IS FAR SUPERIOR TO THE PRESENT LAW,

TT

TURNING TO THE BILL OF RIGHTS IN RELATION TO PRESS FREEDOM, THE BE CHIEF SECRETARY SAID LEGISLATION DEALING WITH PRESS FREEDOM HAD TO A BALANCE BETWEEN THE RIGHT TO PUBLISH FREELY ON THE ONE HAND AND NEED TO PROTECT PRIVACY, PUBLIC ORDER AND PUBLIC MORALS ON THE OTHER.

THE

ENSHRINED IN MAKES IT то PROTECT SECURITY OR

"OUR TRADITIONAL FREEDOM OF EXPRESSION HAS BEEN THE BILL OF RIGHTS. BUT ARTICLE 16 OF THE BILL OF RIGHTS CLEAR THAT THIS FREEDOM MAY BE BALANCED BY LAWS DESIGNED OTHER PEOPLE'S RIGHTS, OR TO PROTECT PUBLIC ORDER PUBLIC MORALS," HE SAID.

AND

THE CHIEF SECRETARY BELIEVED THAT THE RIGHT BALANCE IN BOTH THE PROOF LETTER AND THE SPIRIT OF THE LAW HAD BEEN ACHIEVED AND THAT THE OF THIS STATEMENT WAS THE ROBUST, VARIED, INFORMED AND CRITICAL, MEDIA WHICH HAD BECOME SO MUCH A PART OF OUR LIFE IN HONG KONG.

CERTAIN THESE

HE NOTED THAT MS EMILY LAU AND OTHERS HAD ARGUED THAT

AND THAT PRESS FREEDOM EXISTING LEGISLATION RESTRICTED PROVISIONS WERE IN BREACH OF ARTICLE 16 OF THE BILL OF RIGHTS.

THE SIR DAVID SAID MS LAU HAD MADE MUCH OF THE EXISTENCE OF

ACKNOWLEDGED THE EMERGENCY REGULATIONS ORDINANCE AND THAT SHE ALSO FACT THAT THE BILL OF RIGHTS ENABLED MEASURES TO BE TAKEN FROM THE BILL OF RIGHTS.

DEROGATING

ΤΟ THE

"IN THE WORDS OF THE BILL THESE MEASURES ARE LIMITED

THE SITUATION' 'EXTENT STRICTLY REQUIRED BY THE EXIGENCIES OF SHALL BE TAKEN IN ACCORDANCE WITH THE LAW'.

AND

THAT'S

"THE BILL GOES ON TO SAY THAT NO MEASURE SHALL BE TAKEN UNDER THE EMERGENCY REGULATIONS THAT FIRSTLY IS INCONSISTENT WITH ANY KONG' OR UNDER OBLIGATION

INTERNATIONAL LAW THAT APPLIES TO HONG

COLOUR, SECONDLY 'INVOLVES DISCRIMINATION SOLELY ON GROUNDS OF RACE, SEX, LANGUAGE, RELIGION OR SOCIAL ORIGIN'; OR THIRDLY, 'DEROGATES FROM ARTICLES 2, 3, 4(1) AND (2), 7, 12, 13 AND 15'.

/SIR DAVID