XN000022-1994-10-26 — Page 30

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WEDNESDAY, OCTOBER 26, 1994

TURNING TO PRESS FREEDOM, MR MATHFWS SAID THE ADMINISTRATION'S COMMITMENT TO THE PRINCIPLE OF PRESS FREEDOM WAS FIRM AND UNSHAKABLE.

AS

WAY

ΤΟ

HE SAID: "IT INTENDS TO TAKE WHATEVER PRACTICAL MEASURES NECESSARY TO PRESERVE AND REINFORCE THIS IMPORTANT ASPECT OF OUR OF LIFE. THIS COMMITMENT IS WELL DEMONSTRATED BY OUR PROGRAMME IDENTIFY PROVISIONS IN OUR LAWS THAT COULD HAVE AN ADVERSE IMPACT THE OPERATIONS OF THE PRESS AND TO REMOVE THEM AS SOON AS OUR LEGISLATIVE PROGRAMME ALLOWS.

ON

"TO DATE, 27 ORDINANCES HAVE BEEN REVIEWED, INCLUDING 17 CITED BY THE HONG KONG JOURNALISTS ASSOCIATION.

ΤΟ

THE ATTORNEY GENERAL SAID AMENDMENTS HAD ALREADY BEEN MADE THREE OF THESE ORDINANCES, AND PROPOSALS TO AMEND TWO OTHER ORDINANCES HAD BEEN BROUGHT FORWARD IN THE PUBLIC ORDER (AMENDMENT) BILL

HE ADDED THAT WORK WAS IN HAND ON THE AMENDMENT OF FIVE MORE ORDINANCES. THESE INCLUDED AMENDMENTS TO THE SUBSIDIARY LEGISLATION UNDER THE REGISTRATION OF LOCAL NEWSPAPERS ORDINANCE AND THE PRISONS ORDINANCE, AMENDMENTS TO LAWS ON BROADCASTING AND PUBLIC ENTERTAINMENT, AND THE REPEAL OF PROVISIONS RELATING TO THE PUBLICATION OF DEFAMATORY LIBERS AND TO RESTRICTIONS ON THE OF COURT PROCEEDINGS.

REPORTING

OFFICIAL THE

IN

RESPECT OF SEVER OTHER ORDINANCES, INCLUDING THE SECRETS ACTS, THE CRIMES ORDINANCE, THE EMERGENCY REGULATIONS AND POLICE FORCE ORDINANCE, CONSIDERATION WAS BEING GIVEN TO THE BEST TO PROCEED WITH THE COMPLEX ISSUES INVOLVED, MR MATHEWS SAID.

WAY

REGARDING THE REMAINING PROVISIONS, MR MATHEWS SAID THE ADMINISTRATION WAS SATISFIED THAT THERE WAS NO INCOMPATIBILITY BETWEEN THEM AND THE BILL OF RIGHTS ORDINANCE, AS THEY EXISTED TO PROTECT THE INDIVIDUAL'S RIGHT TO PRIVACY OR THE PUBLIC INTEREST.

"THIS REVIEW OF LEGISLATION AFFECTING PRESS FREEDOM HAS BEEN A FAR REACHING AND COMPREHENSIVE EXERCISE. IT IS NOT FINISHED, BUT WE FIRMLY INTEND TO PUSH 17 AHEAD AS QUICKLY AS POSSIBLE," HE SAID.

OF

MR MATHEWS SAID ANOTHER ASPECT OF PRESS FREEDOM WAS THE LAW CONTEMPT OF COURT. HE SAID AS HE EXPLAINED TO THE LEGISLATIVE COUNCIL IN JANUARY OF LAST YEAR, THE ADMINISTRATION DOUBTED THAT CODIFICATION OF THE LAW OF CONTEMPT WAS EITHER NECESSARY OR DESIRABLE.

HOWEVER, MR MATHEWS SAID HE WAS AWARE THAT THE MEDIA MIGHT HAVE PRACTICAL DIFFICULTIES IN KNOWING WHETHER, IN COMMENTING UPON PENDING PROCEEDINGS, THEY RISK FACING PROCEEDINGS FOR CONTEMPT OF COURT.

HE SAID: "THIS IS AN EVOLVING AREA OF THE LAW IN WHICH FREEDOM OF THE PRESS HAS TO BE BALANCED AGAINST THE NEED TO ENSURE THAT THERE IS A FAIR TRIAL. IN ORDER TO GIVE THE MEDIA A BETTER UNDERSTANDING OF THEIR POSITION, 1 PROPOSE, IN THE NEAR FUTURE, TO ISSUE GUIDELINES RESPECT OF THE INSTITUTION OF SUCH PROCEEDINGS.

IN

ARE

PROBLEMS

"THE GUIDELINES WILL NOT AMOUNT TO RULES OF LAW BUT DESIGNED TO HELP MEMBERS OF THE MEDIA RESOLVE THE PRACTICAL THEY FACE," HE SAID.

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