TNAG-1687-FCO40-2337-Hong-Kong-legislation-regarding-the-control-of-publications--1987 — Page 176

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(F) PROVIDE FOR THE SEARCH, SEIZURE, FORFEITURE AND DISPOSAL OF ARTICLES USED FOR CONTRAVENING THE ORDINANCE: AND

(G) ALLOW THE REGISTRAR TO REFUSE TO LICENSE OR CANCEL THE

LICENCE OF DISTRIBUTORS.

IT IS CLEAR FROM THIS LONG LIST OF CONTROL PROVISIONS WHICH WERE

REPEALED THAT THE ADMINISTRATION IS PURSUING A POLICY OF LIBERAL-

IZING PRESS LAWS AND PRESERVING PRESS FREEDOM.

5. HOWEVER, THE ADMINISTRATION CONSIDERS THAT THERE IS A NEED

TO RETAIN IN LAW A PROVISION THAT DEALS WITH THE PUBLICATION OF

FALSE NEWS WHICH IS LIKELY TO ALARM PUBLIC OPINION OR DISTURE

PUBLIC ORDER. THE OFFENCE COVERED BY THIS PROVISION IS A SERIOUS ONE WHICH COULD HAVE DIRE SOCIAL CONSEQUENCES. A STATUTORY PROV- ISION, IN A MORE RESTRICTIVE FORM, HAS LONG EXISTED BUT IT HAS BEEN

USED MOST SPARINGLY AND NOT AT ALL SINCE 1967. THIS TRACK RECORD

SPEAKS FOR ITSELF.

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6. AT THE TIME THESE BILLS WERE MADE PUBLIC, THERE WAS GENERAL PUBLIC SUPPORT. THEY WERE PERCEIVED AS A LIBERALISATION OF PRESS

LAWS AND HELPFUL IN PRESERVING PRESS FREEDOM AND FREEDOM OF

EXPRESSION. HOWEVER, THE HONG KONG JOURNALIST ASSOCIATION (MKJA) EXPRESSED CONCERN OVER THE RETENTION OF THE SECTION ON PUBLICATION

OF FALSE NEWS AND CALLED FOR ITS REPEAL.

7. WHEN THE AMENDMENT BILLS WERE EXAMINED BY THE LEGISLATIVE COUNCIL AD HOC GROUP PRIOR TO THE RESUMPTION OF DEBATE ON SECOND READING, MARTIN LEE WHO IS LEGAL ADVISER TO THE HKJA RAISED OBJECTIONS ARGUING THAT THE RETENTION OF SUCH A PROVISION IN THE LAW WOULD SERIOUSLY AFFECT PRESS FREEDOM AND WOULD HAVE REPERCUSSIONS AFTER 1997. HE PERSUADED A FEW OTHER MEMBERS OF THE LEGISLATIVE COUNCIL TO SUPPORT HIM. HOWEVER, THE MAJORITY OF LEGISLATIVE COUNCIL MEMBERS, AFTER A SERIES OF MEETINGS AND DISCUSSIONS WITH THE ATTORNEY GENERAL AND THE ADMINISTRATION, ACCEPTED THAT IN THE WIDER PUBLIC INTEREST, THERE WAS A NEED TO RETAIN SUCH A PROVISION IN THE LAW. THEY SUGGESTED SERTAIN AMENDMENTS TO IMPROVE ON THE LAW, INCLUDING REMOVING THE REFERENCE TO ''LOCAL NEWSPAPERS' SO AS NOT TO SINGLE OUT THE PRINT MEDIA, WHICH WERE ACCEPTED BY THE

ADMINISTRATION.

B.

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MARTIN LEE, HOWEVER, WAS STILL NOT HAPPY. HIS PUBLICLY STATED POSITION WAS THAT HE WOULD LIKE TO SEE THE PROVISION RELATING TO FALSE NEWS REPEALED ALTOGETHER, BUT AS A SECOND BEST, HE WAS WILLING TO ACCEPT A PROVISION WHICH WOULD REQUIRE THE PROSECUTION TO PROVE THAT THE ACCUSED KNEW THAT THE NEWS WAS FALSE OR WAS

RECKLESS IN THAT REGARD.

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19.