TNAG-1602-FCO40-2198-Future-of-Hong-Kong-Basic-Law-1987 — Page 100

The Joint Declaration and the Structure of the Basic Law (Draft) which was passed by the second plenary session of the Drafting Committee make no mention of freedom of the press. Some Drafting Committee members held that "freedom of the press" is already included in "freedom of speech" and "freedom of publication". However, the five types c freedom listed above may not be covered completely by freedom of speech and freedom of publication. Thus, press in Hong Kong generally feels that freedom of press should be stipulated in the Basic Law 80 freedom of their profession can be safeguarded.

8.1.2 However,

there

is

the

the

that

the

controversy AS to whether provisions on press freedom should be laid down in broad principles or in great detail:

8.1.2.1 A number of

journalists feel that Basic Law being a constitutional document should not be too specific. The itemising of freedom of the press is itself A kind of restriction to the press freedom because the press will be deprived of those freedom that are not listed in the Basic Law. Therefore, they advocate the setting down of general principles in the Basic Law, and they oppose strongly the idea of enacting a law on the press.

8.1.2.2 Some people feel that since freedom of the press 18 extremely important, the Basic Law should follow the example of the American Constitution and stipulates that the legislature of the HKSAR cannot pass any law that restrict the freedom of the press. In so doing. freedom of the press can be most securely safeguarded.

be

to

8.1.2.3 However, it was contended that the above concept has

adjusted when put into practice. The American Constitution does give direct protection to freedom of the press. but on the other hand, in protecting the rights and interests of her nationals, the American government also imposes certain restrictions on freedom of the press. Therefore, the Basic Law should embrace the following two basic principles :

a) Freedom of the press should be enshrined in the Basic

Law,

b) The press must abide by the laws enacted by the

legislature.

8.1.2.4 Some people held

provides that

that the Joint Declaration already the present system of Hong Kong shall remain unchanged for 50 years. Therefore, the Basic Law should stipulate that the existing press freedom in Hong Kong shall be maintained. And all members of the press shall enjoy equal treatment.

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