XN000022-1996-05-22 — Page 34

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Telecommunication (Amendment) Bill

Following is a speech by Secretary for Economic Services, Mr Gordon Siu, in moving the second reading of the Telecommunication (Amendment) Bill in the Legislative Council today (Wednesday):

Mr President,

time.

I move that the Telecommunication (Amendment) Bill 1996 be read a second

It is the intention of the Administration that laws which may impact on press freedom or the freedom of expression should be amended or repealed. Following a comprehensive review of all relevant legislation, sections 13C and 28 of the Telecommunication Ordinance were among the provisions identified which might affect press freedom or freedom of expression.

Section 13C(3)(a) empowers the Broadcasting Authority to include a condition in a radio licence under which the licensee may be required not to broadcast radio programmes which would contravene a direction by the Governor in Council or the Broadcasting Authority, or other regulations. This provision is considered excessive.

Clause 2 of the Bill repeals section 13C(3)(a). This is in line with the repeal of a similar power regarding television programmes. We will follow this up at the mid term reviews of the radio licences by deleting the condition in those licences which reflects this section.

Notwithstanding the repeal of section 13C(3)(a), the Broadcasting Authority will retain the power to regulate the standards of radio programmes, and the courts will have the power to ban programmes in specific circumstances, as set out in section 13M of the Telecommunication Ordinance.

Section 28 makes it an offence to transmit a message known to be false by telecommunication. This provision is considered too vague and onerous.

Clause 3 of the Bill accordingly replaces section 28 by a new provision which prohibits the transmission of false or deceptive distress, safety or identification signals. This is in line with the requirements of Article 47 of the Constitution of the International Telecommunication Union.

Mr President, I commend this Bill to the Council.

End