TNAG-1553-FCO40-2117-Hong-Kong-Control-of-Publications-Consolidation-Ordinance-19-1986 — Page 90

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

GRS 220

CONFIDENTIAL

FM HONG KONG

TO IMMEDIATE FCO

TELNO 3796

OF 131015Z NOVEMBER 86

INFO IMMEDIATE PEKING

Confidential

HKK 301/1

RECEIVED IN REGISTRY

13 NOV 1986

C'R

PA

O

21

TOP COPY Q DIST?

YOUR TELNO 293 OF 14 FEBRUARY: CONTROL OF PUBLICATIONS CONSOLIDATION

ORDINANCE,

1. WE NOW PLAN TO GO AHEAD WITH REPEAL. THE ARGUMENTS HAVE

NOT CHANGED SINCE FEBRUARY. THERE HAS HOWEVER BEEN SOME DISCUSSION

IN THE LOCAL PRESS WITH THE ACCENT ON **PRESERVING PRESS FREEDOM

AFTER 1997'' (SCMP 25 MAY). PETITIONS HAVE BEEN RECEIVED FROM THE

HONG KONG JOURNALISTS ASSOCIATION (JUNE 1986) AND THE NEWSPAPER

SOCIETY OF HONG KONG (SEPTEMBER 1986). THE THRUST HAS BEEN THAT

THE ORDINANCE IS HOPELESSLY OUTDATED.

2. MISS MARIA TAM ASSOCIATED HERSELF WITH THE THEME ON A PERSONAL

BASIS IN LEGCO DURING THE DEBATE ON THE GOVERNOR'S ADDRESS ON

5 NOVEMBER, MAKING THE POINT THAT CONTROL OF THE PRESS BY STATUTE WAS A PRODUCT OF THE 1950S AND NOT NOW ACCEPTABLE: PRESS FREEDOM

MUST BE BOTH PROTECTED BY AND SUBJECT TO THE DISCIPLINES OF THE COMMON LAW. THE AG WILL RESPOND IN LEGCO ON 26 NOVEMBER ON THE

LINES THAT MISS TAM HAS MADE AN IMPORTANT POINT AND THAT THE

GOVERNMENT WILL GIVE THE QUESTION SERIOUS STUDY. IN OTHER WORDS WE SHALL COMMIT OURSELVES FORMALLY TO EXAMINING THE ISSUE

THOUGH NOT NECESSARILY TO REPEALING THE ORDINANCE. WE CANNOT

GO FURTHER THAN THIS BEFORE WE CONSULT EXCO (WHICH IS LIKELY TO BE ON ABOUT END-DECEMBER). WE WILL TELEGRAPH A DRAFT OF THE AG'S REPLY TOMMOROW.

3. WE HAVE CONSIDERED BUT REJECTED THE IDEA OF TESTING THE CHINESE RESPONSE IN ADVANCE LOCALLY. NATURALLY ONCE THE AG HAS

SPOKEN WE SHALL BE COMMITTED TO GOING AHEAD. I SHOULD LIKE TO

BE SURE THAT MINISTERS HAVE BEEN BROUGHT UP TO DATE BY THEN.

GRATEFUL FOR CONFIRMATION DESKBY 18010OZ.

YOUDE

YYYY

HMLNAN 4679

HONG KONG AGREEMENT: RESTRICTED

LIMITED

HD/HKD

HD/FED

RESEARCH DEPT (FE)

DEP/HD/PUSD PS/MR RENTON MR GILLMORE MR WILSON

COPIES TO:

MR FIFOOT, LEGAL ADVISERS

Confidential

Page 90Page 91

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