TNAG-1687-FCO40-2337-Hong-Kong-legislation-regarding-the-control-of-publications--1987 — Page 130

CONFIDENTIAL

43577

NEVERTHELESS NECESSARY TO RETAIN SOME POWER TO TAKE ACTION

AGAINST ANYONE PUBLISHING FALSE NEWS THAT MIGHT THREATEN PUBLIC

ORDER. TO MAKE IT CLEAR THAT THIS WAS THE PURPOSE OF THE

PROVISION, AND THAT IT WAS NOT INTENDED AS A LIMITATION OF THE FREEDOM OF THE FREEDOM OF THE PRESS, THAT POWER WAS TRANSFERRED

FROM THE CONTROL OF PUBLICATIONS ORDINANCE TO THE PUBLIC ORDER

ORDINANCE. THE PROVISION IS, THEREFORE, IN NO SENSE A NEW ONE

AND THE RESULT OF THE LEGISLATION PASSED ON 11 MARCH REPRESENTS A

MAJOR LIBERALISATION COMPARED WITH THE POSITION BEFORE 11 MARCH.

SECONDLY, THE PROVISION TO WHICH YOU OBJECT REPLACES (WITH VARIATIONS) A PROVISION WHICH HAS BEEN ON THE HONG KONG

STATUTE BOOK SINCE 1951. THE CURRENT BILLS WERE FIRST PUBLISHED

IN THE HONG KONG GOVERNMENT GAZETTE ON 19 DECEMBER 1986.

THEREAFTER THE MEASURES WERE DISCUSSED EXTENSIVELY BETWEEN THE

ADMINISTRATION AND MEMBERS OF THE EXECUTIVE AND LEGISLATIVE

COUNCILS. THE DRAFT BILLS WERE VERY FULLY DEBATED IN THE

LEGISLATIVE COUNCIL ON 11 MARCH, WHEN THE IMPLICATIONS OF THE

MEASURES ON FREEDOMS OF SPEECH IN THE TERRITORY WERE CONSIDERED

IN DETAIL. BOTH BILLS WERE THEREAFTER PASSED BY A LARGE MAJORITY

OF THE COUNCIL.

IN YOUR TELEX YOU ASK FOR AN APPOINTMENT TO DISCUSS YOUR

OPPOSITION TO THE ORDINANCE. I AM AFRAID THAT OTHER COMMITMENTS

WILL MAKE IT VERY DIFFICULT FOR ME TO SEE AN FCC DELEGATE IN THE

NEAR FUTURE. BUT TIM RENTON, THE FCO MINISTER OF STATE WHO IS

RESPONSIBLE FOR HONG KONG, WOULD BE ABLE TO SEE YOU OR ANOTHER

DELEGATE NEXT WEEK TO DISCUSS THIS ISSUE. HE SUGGESTS 4PM ON 1

APRIL. PLEASE LET MR RENTON'S OFFICE KNOW IF YOU WISH TO TAKE UP

THIS SUGGESTION.

ENDS

HOWE

OCMIAN 3577

HONG KONG AGREEMENT: RESTRICTED

LIMITED

HD/HKD

HD/FED HOINEWS..D.

RESEARCH D. (FE)

DEP.HD/PUSD

PS/MR RENTON

MR GILLMORE

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1

COPIES TO:

MR FIFOOT, LEGAL ADVISERS

Confidential