TNAG-1687-FCO40-2337-Hong-Kong-legislation-regarding-the-control-of-publications--1987 — Page 147

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repeal for some time. Ministers were consulted in February last year on whether Hong Kong might proceed with repeal, and agreed that

they might do so. We were at that stage particularly concerned that

the Chinese might react against such a substantial relaxation in Hong Kong's existing legal arrangements governing press freedom (though in the event the Chinese did not comment on the measure).

Hong Kong informed us last November that there had since been some

modest local pressure for repeal, and that one EXCO member (Miss Tam) had associated herself with calls for repeal in the LegCo

debate on the late Governor's opening address. In reply to Miss

Tam, the Hong Kong Government stated it would undertake to review

the legislation in question; and subject to EXCO's views, this review would in all probability lead to repeal.

5.

EXCO were consulted on 10 December and agreed that two amending

Bills should be introduced in LegCo in early January:

(a)

(b)

the Control of Publications Consolidation (Amendment) Bill,

which would remove those sections of the main ordinance

relating to the control and suppression of newspapers; and

would also update and rationalise the remaining sections, dealing with the registration of newspapers; and

the Public Order (Amendment) Bill, which would include in the

Public Order Ordinance, in an amended form, one section,

which was previously contained in the Control of Publications Consolidation Ordinance, governing the publication of false news likely to alarm public opinion or disturb public order.

6. Both Bills were gazetted on 19 December and were introduced in LegCo on 7 January. Initially there was general public support for the measures. They were discussed at length between the Administration and the relevant OMELCO panel prior to the resumption

of the second reading debate. Some members of the panel (led by

Martin Lee QC, who is also legal adviser to the Hong Kong Journalists Association) expressed fears that the amendment proposed to the Public Order Ordinance would limit press freedom, with

serious repercussions post-1997. The Administration and OMELCO therefore in due course agreed to introduce at the Committee stage

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