TNAG-1687-FCO40-2337-Hong-Kong-legislation-regarding-the-control-of-publications--1987 — Page 177

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9. HIS PROPOSAL WAS UNACCEPTABLE BECAUSE IT WOULD MAKE THE LAW A

VIRTUAL DEAD LETTER SINCE IT WOULD RARELY BE POSSIBLE TO PROVE

THE STATE OF MIND OF THE JOURNALIST AT THE TIME HE PUBLISHES THE

NEWS.

IN VIEW OF MARTIN LEE'S ARGUMENTS, THE ADMINISTRATION HAD

AGREED TO POSTPONE THE SECOND AND THIRD READINGS OF THE BILL TWICE.

10. ON THE RESUMPTION OF DEBATE ON THE SECOND READING, ON 11 MARCH,

A TOTAL OF 29 MEMBERS (INCLUDING 2 OFFICIALS) SPOKE ON THE BILL:

15 FOR, 11 AGAINST AND 3 INDICATED THAT THEY WOULD ABSTAIN. THE

SECOND READING WAS APPROVED BY VOICE VOTE.

11. MIDWAY THROUGH THE DEBATE SZETO WAH MOVED TO ADJOURN THE

DEBATE. 10 MEMBERS SPOKE IN SUPPORT OF ADJOURNMENT AND 5 AGAINST.

THE MOTION WAS NEGATIVED.

12.

AT COMMITTEE STAGE 7 MEMPERS SPOKE IN SUPPORT OF MARTIN LEE'S

AMENDMENT AND 5 AGAINST. THE AMENDMENT WAS NEGATIVED.

13. CS AND TWO OTHER MEMBERS SPOKE IN SUPPORT OF THE ADMINISTRA-

TION'S AMENDMENT. NO MEMBERS SPOKE AGAINST THE MOTION. THE

AMENDMENT WAS PASSED.

delay

14.

THIRD READING. NO SPEECHES WERE GIVEN. THE BILL WAS PASSED.

15. AFTER EACH OF THE 5 VOICE VOTES, A MEMBER CALLED FOR A

•

DIVISION UNDER STANDING ORDER 35(4) IN EACH CASE THE PROCEDURE

UNDER STANDING ORDER 36(5) WAS FOLLOWED AND THE PRESIDENT'S DECISION

SUPPORTED BY A MAJORITY OF THE COUNCIL.

LINE TO TAKE

16.

YOU MAY CARE TO DRAW UPON THE FOLLOWING POINTS IF YOU ARE

PRESSED TO COMMENT ON THE ISSUE #

(A) THIS IS PART OF AN OVERALL EXERCISE TO UPDATE AND LIBER-

ALISE EXISTING LEGISLATION ON THE CONTROL OF PUBLICATIONS. THIS

LEGISLATION HAS BEEN ON THE STATUTE BOOKS SINCE 1951. A LONG LIST

OF STATUTORY CONTROLS HAS BEEN REMOVED, BUT HKG CONSIDERS IT NECESSARY, IN THE WIDER PUBLIC INTEREST, TO RETAIN THE PROVISION

DEALING WITH THE PUBLICATION OF FALSE NEWS LIKELY TO CAUSE PUBLIC ALARM OR DISTURE PUBLIC ORDER BECAUSE OF THE SERIOUS SOCIAL CONSEQUENCES THAT MAY RESULT. THE AMENDING LEGISLATION HAS TRANSFERRED THE FALSE NEWS' OFFENCE FROM THE CONTROL OF PUBLIC-

ATIONS ORDINANCE (NOW RETITLED THE REGISTRATION FOR LOCAL NEWSPAPERS ORDINANCE) TO A MORE APPROPRIATE 'HOME' IN THE PUBLIC ORDER ORDINANCE. "MALICE' HAS BEEN REMOVED AS AN INGREDIENT OF THE OFFENCE IN THE NEW PROVISION, WHICH IS NOW NOT CONFINED TO LOCAL NEWSPAPERS, AND THE ACCUSED HAS BEEN PROVIDED WITH AN IMPROVED

DEFENCE.

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