TNAG-1553-FCO40-2117-Hong-Kong-Control-of-Publications-Consolidation-Ordinance-19-1986 — Page 269

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HONG KONG : CONTROL OF PUBLICATIONS CONSOLIDATION ORDINANCE (CAP 268)

1. THIS ORDINANCE PROVIDES THE GOVERNMENT WITH SWEEPING POWERS TO SUPPRESS JOURNALS FOR PUBLISHING MATERIAL PREJUDICIAL TO THE SECURINTY OF HONG KONG. IT WAS ENACTED IN 1951

AND WAS DESIGNED TO MEET THE THREAT OF A FLOOD

OF SEDITIOUS PROPAGANDA FROM CHINA, FOLLOWING THE COMMUNIST TAKE-OVER. WE HAVE RECENTLY BEEN CONSIDERING WHETHER TO REPEAL FT.

2. THE ARUGMENTS FOR REPEAL MAY BE SUMMARISED AS FOLLOWS:

(A) THE POWER TO SUPPRESS PUBLICATIONS PROVIDED BY THIS ORDINANCE

IS UNACCEPTABLE IN A FREE SOCIETY.

(B) THE ATTORNEY GENERAL CAN CONCEIVE OF NO CIRCUMSTANCES IN WHICH

HE WOULD BE PREPARED TO USE THE POWERS.

(C) THE POWERS WERE TAKEN AT A TIME WHEN IT WAS UNCERTAIN WHETHER THE NEW CHINESE GOVERNMENT WOULD BE WILLING TO TOLERATE HONG KONG'S CONTINUED EXISTENCE AS A SEPARATE ENTITY. THEY HAVE

ONLY EVER BEEN USED TO SUPPRESS 3 PAPERS DURING THE 1967 DISTURBANCES WHEN AN EMERGENCY HAD BEEN DECLARED. THE POLITICAL POSITION HAS CHANGED: HT WOULD NOW BE UNTHINKABLE FOR THESE POWERS

TO BE USED AGAINST THE COMMUNIST PRESS IN HONG KONG.

(D) WITH THE APPROACH OF 1997, IT IS NOT DESIRABLE TO LEAVE SUCH AN ORDINANCE, HOWEVER REDUNDANT, ON THE STATUTE BOOK, SINCE THERE IS A REISK THAT THE CHINESE GOVERNMENT MIGHT PRESSURE THE SAR

GOVERNMENT INTO INVOKING SUCH POWERS.

(D) THE PRESS AND PUBLIC OPINION IN HONG KONG HAVE BEGUN TO FOCUS ON THE EXISTENCE OF LEGISLATION OF THIS KIND, AND TO EXPRESS ANXIETY ABOUT THE RISK OF ABUSE, ONCE THE RESTRAINING EFFECT OF THE LINK OF AUTHORITY WITH BRITAIN DISAPPEARS (SEE FOR EXAMPLE

THE POINTS MADE BY MR WONG KWOK-WAH, VICE-CHAIRMAN OF THE HK

JOURNALISTS ASSOCIATION IN HIS CALL ON MR LUCE ON 5 JUNE 1985)

(F) ALL NECESSARY POWEPS TO DEAL WITH PUBLICATIONS WHICH INCITE

CRIMINAL ACTIVITIES ARE COVERED BY OTHER LEGISLATION: PM A REAL

CRISIS EMERGENCY POWERS COULD BE TAKEN.

3. ARGUMENTS AGAINST ARE AS FOLLOWS:

CONFIDENTIAL

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