TNAG-1687-FCO40-2337-Hong-Kong-legislation-regarding-the-control-of-publications--1987 — Page 163

GRS 300

CONFIDENTIAL

FM HONG KONG

TO IMMEDIATE FCO

TELNO 1032

OF 16092OZ MARCH 87

CONFIDENTIAL

INFO IMMEDIATE HONG KONG GOVERNMENT OFFICE LONDON

TO Q DIS

KD 3

DESK OFFROCK

INDEX

PA

23/3

YOUR TELNO 756 PUBLIC ORDER (AMENDMENT) BILL.

WITH REGARD TO PARAGRAPH 3, ATTORNEY GENERAL'S CHAMBERS HAS COMMENTED AS FOLLOWS :-

2. BEGINS. YOU RIGHTLY POINT OUT IN PARAGRAPH 3 OF YOUR TUR THAT THERE ARE OFFENCES OF MAKING FALSE STATEMENTS WHERE THE PROSECUTION MUST PROVE KNOWLEDGE OF FALSITY, RECKLESSNESS OR

LACK OF BELIEF IN THE TRUTH OF THE STATEMENT. THERE ARE MANY SUCH OFFENCES IN HONG KONG. IN SUCH CASES CIRCUMSTANTIAL EVIDENCE OF THE ACCUSED'S STATE OF MIND WILL OFTEN BE AVAILABLE. IN THE CASE OF PUBLICATION OF FALSE NEWS SUCH EVIDENCE WILL RARELY BE AVAILABLE. INSTEAD THERE IS A DEFENCE IF THE ACCUSED CAN SHOW HE HAD REASONABLE GROUNDS FOR BELIEVING THE TRUTH OF THE NEWS. THE REASONING BEHIND THIS ASPECT OF THE CLAUSE IS SET OUT IN THE FIRST PART OF THE AG'S SECOND READING SPEECH IN LEGISLATIVE COUNCIL AND THE SECOND PART OF HIS COMMITTEE STATE SPEECH. COPIES ARE BEING SENT VIA HONG KONG GOVERNMENT OFFICE, LONDON.

3. AS FAR AS THE PRESS IS CONCERNED THIS DOES NOT REPRESENT ANY CHANGE OF SUBSTANCE OVER THE PREVIOUS POSITION. CONTRARY TO THE STATEMENT IN THE FINAL SENTENCE OF PARA. 8(A) OF OUR TELNO 998 MALICE NEVER TRULY WAS AN INGREDIENT OF THE OLD OFFENCE BECAUSE THE STATUE PROVIDED THAT MALICE WAS TO BE PRESUMED IN DEFAULT OF EVIDENCE THAT THE ACCUSED TOOK REASONABLE STEPS TO VERIFY THE TRUTH OF THE NEWS. ENDS.

AKERS-JONES

HALUAN 0125

HONG KONG AGREEMENT: RESTRICTED

LIMITED

HD/HKD

HD/FED

RESEARCH D. (FE)

DEP.HD/PUSD

PS/MR RENTON

SIR. D. WILSON

MR GILLMORE

COPIES TO:

MR FIFOOT, LEGAL ADVISERS

CONFIDENTIAL

33