22
GRS 1200
UNCLASSIFIED
FM HONG KONG
TO DESKBY 17123OZ FCO
TELNO 3853
OF 17110OZ NOVEMBER 86
INFO IMMEDIATE PEKING
HKK 301
301./1
RELY
1 & NOV 1986
IY
TC
.cn
YOUR TELNO 2605 : CONTROL OF PUBLICATIONS CONSOLIDATION ORDINANCE
1.
FOLLOWING ARE FULL TEXTS OF LEGCO SPEECHES BY MISS MARIA TAM
AND MR RICHARD LAI.
MISS MARIA TAM
BEGINS
SIR, I HAVE THE PRIVILEGE OF BEING ONE OF THE ADVISERS OF THE HONG KONG NEWSPAPERS ASSOCIATION AND I ATTENDED THE IR EXECUTIVE COMMITTEE MEETINGS IN APRIL AND JUNE 1986 TO PRESENT OUR VIEWS TO THEM. HOWEVER, WHAT I PUT FORTH TODAY IS MY PERSONAL
OPINION.
THIS IS AN ORDINANCE ENACTED IN 1951, AND A PRODUCT OF THE HISTORICAL AND POLITICAL REALITIES OF THE 50'S. THE DRAFTING OF THIS ORDINANCE IS ALSO HOPELESSLY OUTDATED.
SINCE THIS LAW IS UNIQUE IN THE SENSE THAT IT HAS NO PARALLEL LEGISLATION IN THE UK AND OTHER COMMONWEALTH COUNTRIES, ONE SHOULD THEREFORE STATE THE BASIC PRINCIPLES OF FREEDOM
OF THE PRESS SO AS TO LAY THE GROUND FOR SUGGESTING ANY AMENDMENTS
TO THIS ORDINANCE.
THE MEANING OF FREEDOM OF THE PRESS IN ENGLISH LAW, AS LAID DOWN BY BLACKSTONE, WAS DEFINED AS 'CONSISTING IN LAYING UNDERLINE NEXT THREE WORDS NO PREVIOUS RESTRAINTS UPON PUBLICATIONS AND NOT IN FREEDOM FROM UNDERLINE NEXT SIX WORDS CENSURE FOR CRIMINAL MATTER WHEN PUBLISHED.' A MODERN DEFINITION OF FREEDOM OF THE PRESS CAN BE FOUND IN THE CONSTITUTION OF SWEDEN, (THE FIRST COUNTRY TO PASS A LAW ON FREEDOM OF THE PRESS IN AS EARLY AS 1766), WHICH DEFINES FREEDOM OF THE PRESS AS :
THE RIGHT OF EVERY (SWEDISH) CITIZEN TO PUBLISH MATTER, UNDERLINE NEXT SIX WORDS WITHOUT PREVIOUS HINDRANCE BY ANY AUTHORITY, WHICH SUBSEQUENTLY IS ONLY UNDERLINE NEXT FIVE WORDS PUNISHABLE BEFORE A COURT OF LAW.**
SO THE ESSENCE OF FREEDOM OF THE PRESS CONSISTS MAINLY
OF TWO PRINCIPLES :
(1)
NO PREVIOUS HINDRANCE BEFORE PUBLICATION SEMICOLON AND
(11) ANY SANCTION BY THE AUTHORITY MUST BE THROUGH A JUDICIAL
BODY, THAT IS, A COURT OF LAW.
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