TNAG-1553-FCO40-2117-Hong-Kong-Control-of-Publications-Consolidation-Ordinance-19-1986 — Page 217

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4.

The powers available under the Ordinance have only

been used three times: to suppress 3 leftwing newspapers during the 1967 Communist-led disturbances, when an emergency had been declared.

5.

Press and public opinion in Hong Kong have begun to focus upon the continued existence of legislation of this

kind. The specific question of

of the continued existence of

the Ordinance was raised by the Vice Chairman of the Hong Kong Journalists Association (HKJA) during a call on Mr

Luce on 5 June 1985. HKJA pressed then, and have done so

subsequently, for the repeal of the Ordinance on the basis

that while the present Hong Kong Government's approach to press freedom is liberal, the powers available under the

Ordinance might be abused in the future.

Argument

6.

The arguments in favour of repeal

essentially that:

(a)

(b)

n ow are

The continued existence of

of these powers in a free society like Hong Kong's is unacceptable.

Hong Kong's Attorney General can envisage no

circumstances where he would be prepared to

exercise them.

(c)

The powers were first taken when the Chinese

posed a threat to Hong Kong's

Government

continued separate existence. The political

position has now changed.

(d)

With the approach of 1997 it

of 1997 it is undesirable to

leave these powers, however redundant, on Hong

Kong's statute book.

(e)

There i s some pressure for repeal in Hong Kong: this pressure may well grow (there

certain parallels with the restriction

are

on

CONFIDENTIAL