TNAG-0077-FCO40-113-Action-against-Communist-press-1967 — Page 64

CONFIDENTIAL.

2

licence and in the interests of maintaining

the rule of law and the confidence of the

public, it must be dealt with.

3. The possibility of such action giving provocation to Paking still romaina; but it is considered that, for the reasons given above, this is a risk which must be taken. In any event, the present would seem as good a time as any to take this risk, having regard to current events in China.

4. If his proposals are approved, the Acting Governor intends, in the first instance, to take action under the existing law (1.9. not under Emergency Regulations) against selected independently-owned Communist newspapers and leave the major Communist Press alone. Such action would comprise several simultaneous prosecutions for such offences as criminal libel, attempts to cause disaffection and publication of false reports. There is a possibility (although it can be rated no higher than that) that action against the lessor papers in this manner might provide the major papers with an acceptable excuse for moderating their tone: it would also reduce the risk of giving provocation to Peking. If, however, this action led to no improvement in the tone of the major newspapers, then similar action would be taken against them. If this, too, achieved no improvement, then Emergency Regulations would be brought into force: these would make it an offence to print, publish, distribute or possess inflammatory matter; they would also provide wide powers of search and seizure of inflammatory publications and the materials and machinery used in printing them, powers to close buildings used for printing and publishing; to render machinery inoperative by the removal of parts; and to order printing and publication to cease and to cancel printing press licences. The Acting Governor and Chinese Members of the Executive Council are most reluctant to use Emergency Regulations except as a last resort, but their use as such would be fully justified in the face of contihued defiance by the Press if action under the normal law failed to bring about any general improvement in its attitude.

5. The course proposed by the Acting Governor is considored to be the right one and is recommended for approval.

3rd August, 1967