TNAG-1553-FCO40-2117-Hong-Kong-Control-of-Publications-Consolidation-Ordinance-19-1986 — Page 86

21

24

GRS 450

CONFIDENTIAL

FM HONG KONG

TO DESKBY 14120OZ FCO

TELNO 3819

Conflential

HKK 301/1

OF 14110OZ NOVEMBER 86

INFO PRIORITY PEKING

RECEIVE

14 NOV 1986

TOP

TOP COPY Q DIST ?

MY TELNO 3796 : CONTROL OF PUBLICATIONS CONSOLIDATION ORDINANCE

1. DRAFT TEXT OF THE AG'S SPEECH IS AS FOLLOWS:

•

I WAS PARTICULARLY INTERESTED BY THE SPEECH OF MISS MARIA

TAM. MEMBERS WILL RECALL THAT SHE DREW ATTENTION TO THE PROVISIONS

OF THE LAW WHICH SAFEGUARD FREEDOM OF EXPRESSION, INCLUDING FREEDOM

OF THE PRESS.

THERE IS NO DOUBT THAT IN HONG KONG GREAT IMPORTANCE IS

ATTACHED TO THE LAW IN THIS FIELD. THE COMMON LAW HAS AN ESSENTIAL

PART TO PLAY NOT ONLY IN SAFEGUARDING FREEDOM OF EEXPRESSION,

BUT ALSO IN ENSURING THAT VICTIMS OF THE ABUSE OF FREEDOM OF

EXPRESSION ARE PROTECTED AND THAT THE INTERESTS OF THE COMMUNITY

AS A WHOLE ARE NOT THREATENED BY STIRRING UP ALARM OR VIOLENCE

AMONG ORDINARY MEMBERS OF THE COMMUNITY.

THERE IS NO DOUBT THAT AMONG OUR ORDINANCE, ON THIS TOPIC AS

ON SOME OTHERS, ONE CAN FIND PROVISIONS WHICH WERE INTRODUCED TO MEET SOME TRANSIENT PROBLEM AND WHICH NO LONGER HAVE A PART

TO PLAY IN THE MODERN PROSPEROUS AND STABLE COMMUNITY WHICH HONG

KONG HAS BECOME.

BOTH MR RICHARD LAI AND MISS MARIA TAM DREW ATTENTION TO THE CONTROL OF PUBLICATIONS ORDINANCE WHICH, AS MISS TAM POINTED OUT, WAS A ''PRODUCT OF THE HISTORICAL AND POLITICAL REALITIES OF THE

1950'S''. IT WAS ENACTED IN 1951, TO REPLACE EMERGENCY LEGISLATION WHICH PRECEDED IT, AGAINST THE BACKGROUND OF POLITICAL UPHEAVAL IN CHINA. IT WAS A TIME WHEN THERE WAS MUCH CONCERN THAT THE

SECURITY OF THE TERRITORY MIGHT BE DAMAGED BY SEDITIOUS OR SUBVERSI VE MATERIAL PUBLISHED LOCALY. THE PROVISIONS OF THIS ORDINANCE HAVE ONLY RARELY BEEN USED AND FOR NEARLY 20 YEARS, NOT AT ALL. SOME OF THEM OVERLAP WITH OTHER PROVISIONS OF THE CRIMINAL LAW ANYWAY.

THE SECRETARY FOR ADMINISTRATIVE SERVICES AND INFORMATION HAS IN THE PAST INDICATED THAT HE IS REVIEWING THIS ORDINANCE, INCLUDING THE PROVISIONS FOR REGISTRATION OF PUBLICATIONS, WITH THESE POINTS IN MIND. THAT REVIEW IS NOW WELL ADVANCED.''

Confidential

12.