TNAG-1632-FCO40-2248-Ministerial-visits-from-the-UK-to-Hong-Kong--including-visit-1987 — Page 76

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territories were ultra vires the relevant Hong Kong legislation. section of OMELCO and the Hong Kong press claimed that HKG had been censoring films, and thus restricting freedom of expression in Hong Kong, purely to appease China. Only some 20 films have been censored under this provision since 1973, and not all were critical

of China.

5.

In April the Hong Kong Government published a new draft Film Censorship Bill to put the vires question beyond any doubt. In view of the vigorous public debate which has ensued, the Bill is being held over for debate in the next LegCo session starting in October. Meanwhile interim regulations were enacted in July to ensure that the Hong Kong Government has a basis for censoring films until the

new Bill is passed.

6.

Opponents of the censorship provisions have argued that the measure contravenes the provisions of the International Covenant on Civil and Political Rights (ratified by HMG on behalf of Hong Kong). which protects freedom of expression. Hong Kong Government and FCO Legal Advisers take the view that this is not the case, and the Hong

Kong Government have said so publicly.

7.

In any

The censorship question remains a live one, and critics of the Bill may seek to raise it with Lord Glenarthur. It would be inappropriate for HMG to comment on a legislative matter which is yet to be debated in LegCo, other than to clarify the correct position with regard to our obligations under the Covenant. event, we would in the final analysis wish HKG to retain its existing powers. The Chinese are very sensitive to any risk that Hong Kong might be used as a base for Taiwan-inspired anti-PRC propaganda. It is not in Hong Kong's interests that the territory should become a focus for this sort of activity before or after

1997.

Spycatcher

8.

The English language weekly paper South China Sunday Morning Post began to serialise extracts of Peter Wright's book "Spycatcher" The UK Attorney General then obtained an interim

in July.

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