TNAG-1687-FCO40-2337-Hong-Kong-legislation-regarding-the-control-of-publications--1987 — Page 132

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SUCH A SMALL AND DENSELY-POPULATED PLACE AS HONG KONG, IT WAS

NEVERTHELESS NECESSARY TO RETAIN SOME POWER TO TAKE ACTION

AGAINST ANYONE PUBLISHING FALSE NEWS THAT MIGHT THREATED 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 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, I CANNOT ACCEPT THAT THE LEGISLATION WAS ENACTED

WITH UNDUE HASTE. AS I HAVE INDICATED, THE PROVISION TO WHICH

THE COMMONWEALTH PRESS UNION 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 FREEDOM OF SPEECH IN THE

TERRITORY WERE CONSIDERED IN DETAIL. BOTH BILLS WERE THEREAFTER

PASSED BY A LARGE MAJORITY OF THE COUNCIL.

ENDS

HOWE

OCMIAN 3581

HONG KONG AGREEMENT: RESTRICTED

LIMITED

HD/HKD

HD/FEQ

HolNEWS D

RESEARCH D. (FE)

DEP.HD/PUSD

PS/MR RENTON

MR GILLMORE

COPIES TO:

MR FIFOOT, LEGAL ADVISERS

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