TNAG-1687-FCO40-2337-Hong-Kong-legislation-regarding-the-control-of-publications--1987 — Page 192

16 MAR 1987

RECEIVED IN REGISTRY

FICER

GRS

CONFIDENTIAL

FM HONG KONG

Confidential

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OF 121035Z MARCH 87 that they

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YOUR TELNO 692 : PUBLIC ORDER (AMENDMENT) BILL.

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THE CONTROL OF PUBLICATIONS CONSOLIDATION (AMENDMENT) BILL 1986 AND THE PUBLIC ORDER (AMENDMENT) BILL 1986 WERE PASSED IN THE LEGISLATIVE COUNCIL ON 11 MARCH. THE FORMER WAS PASSED WITHOUT DEBATE. THE LATTER INVOLVED ALMOST EIGHT HOURS OF LIVELY DEBATE, ANALYSED BELOW.

2. THE PRESENT LEGISLATIVE COUNCIL COMPRISES 56 MEMBERS OF WHO 10 ARE OFFICIAL. ON THE RESUMPTION OF DEBATE ON THE SECOND READING, 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.

3. 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.

4. AT COMMITTEE STAGE 7 MEMBERS SPOKE IN SUPPORT OF MARTIN LEE'S AMENDMENT AND 5 AGAINST. THE AMENDMENT WAS NEGATIVED.

5. CS AND TWO OTHER MEMBERS SPOKE IN SUPPORT OF THE ADMINISTRATION'S AMENDMENT. NO MEMBERS SPOKE AGAINST THE NOTION. THE AMENDMENT WAS PASSED.

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

7. 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 MY DECISION SUPPORTED BY A MAJORITY OF THE COUNCIL.

8. 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 LIBERALISE 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 DISTURB PUBLIC ORDER BECAUSE OF THE SERIOUS SOCIAL CONSEQUENCES THAT MAY RESULT. THE AMENDING LEGISLATION HAS TRANSFERRED THE 'FALSE NEWS' OFFENCE FROM THE CONTROL OF PUBLICATIONS ORDINANCE (NOW

Confidential

/RETITLED