TNAG-1553-FCO40-2117-Hong-Kong-Control-of-Publications-Consolidation-Ordinance-19-1986 — Page 82

WITH THE ABOVE BACKGROUND AND BASIC PRINCIPLES WE MAY NOW PROCEED TO EXAMINE THE ORDINANCE.

SECTION 3 AND SECTION 6 OF THE ORDINANCE

THESE TWO PROVISIONS ARE THE MAIN CHARGING PROVISIONS OF THE ORDINANCE, THAT IS, THE PROVISIONS DEFINING THE OFFENCES. SINCE THIS ORDINANCE HAS NO COUNTERPART LEGISLATION IN OTHER COMMONWEALTH COUNTRIES, COUPLED WITH THE FACT THAT THE ORDINANCE WAS RARELY ENFORCED IN THE PAST (ONLY ONE REPORTED CASE IN 1952), THE SCOPE OF THESE PROVISIONS IS NOT CLEAR. NEVERTHELESS, THE ENGLISH POSITION ON THE UNDERLINE NEXT TWO WORDS COMMON LAW OFFENCE OF UNDERLINE NEXT WORD SEDITION MAY PROVIDE A BASIS FOR

CONSIDERATION.

2.

(A) THE OFFENCE OF SEDITION, AS INTERPRETED BY CASE-LAW, IS DEFINED TO INCLUDE ALL CONDUCT WHETHER BY WORK, DEED OR WRITING WHICH DIRECTLY TENDS :

(1) TO RAISE DISCONTENT AND DISSATISFACTION AMONG, OR PROMOTE

ILL-WILL BETWEEN, THE (SOVEREIGN'S SUBJECTS)

(2) TO INCITE PERSONS TO USE OR ATTEMPT TO USE ANY UNLAWFUL

MEANS AND IN PARTICULAR PHYSICAL FORCE IN ANY PUBLIC MATTER CONNECTED WITH THE STATE

(3) TO BRING INTO HATRED OR CONTEMPT THE (SOVEREIGN), THE

GOVERNMENT, THE LAWS OR CONSTITUTION. THE WORD

''SOVEREIGN'' OR ''SOVEREIGN SUBJECT'', I TRUST, MAY

NEED SOME AMENDMENTS.

(B) INDEED, S.9 TO S.14 OF THE CRIMES ORDINANCE CLEARLY STATES THE LIMITS WITHIN WHICH WE MAY CONSTRUCTIVELY AND LAWFULLY CRITICISE THE HONG KONG ADMINISTRATION OR REPORT ON ISSUES WITH A POLITICAL CONTENT. THE OFFENCE OF SEDITIOUS INTENTION

IS WELL UNDERSTOOD IN THIS COMMUNITY AND COVERS PART OF THE UNDERLYING CONCERNS IN S.3 AND S.4 OF THIS ORDINANCE. MY SUGGESTION IS THAT THESE SECTIONS 3 AND 6 SHOULD BE DELETED SO THAT WE CAN STICK TO THE COMMON LAW OFFENCES INSTEAD OF USING STATUTORY CONTROL.

SELF DISCIPLINE VERSUS LEGISLATIVE CONTROL ON PUBLICATION OF

FALSE NEWS

HOWEVER, SECTION 6 GOES FURTHER BY ENABLING THE PROSECUTION TO TAKE ACTION AGAINST A NEWSPAPER WHICH PUBLISHES FALSE NEWS. IT IS IN SUCH A CASE THAT MALICE MUST BE PRESUMED SO THAT THE NEWSPAPER WILL HAVE TO PROVE ITS GOOD WILL IN PUBLISHING SUCH FALSE NEWS. HONG KONG PEOPLE ARE QUICK TO RESPOND TO INFORMATION AND THE MASS MEDIA DO ENJOY OUR CONFIDENCE AND ''FALSE NEWS' CAN AFFECT ECONOMIC AND FINANCIAL STABILITY. AS A MEMBER OF THE PUBLIC I BELIEVE THAT SOME CONTROL IS NECESSARY. IT IS DIFFICULT TO STRIKE A BALANCE BETWEEN FREEDOM ON THE ONE HAND AND HINDRANCE AND INTERVENTION ON THE OTHER. SUCH BALANCE IS MAINTAINED BY THE INTEGRITY AND SELF-CONTROL ON THE PART OF THE MASS MEDIA, AND A SENSIBLE LAW ENFORCER (IN THE

2.

THUS

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