TNAG-1687-FCO40-2337-Hong-Kong-legislation-regarding-the-control-of-publications--1987 — Page 193

RETITLED THE REGISTRATION OF LOCAL NEWSPAPERS ORDINANCE) TO A MORE APPROPRIATE 'HOME' IN THE PUBLIC ORDER ORDINANCE. 'MALICE' HAS

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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.

(B) ALTHOUGH THE STATUTORY CONTROLS, INCLUDING CONTROL ON THE PUBLICATION OF FALSE NEWS LIKELY TO CAUSE PUBLIC ALARM, HAVE EXISTED FOR NEARLY 40 YEARS, THEY HAVE BEEN USED MOST SPARINGLY, AND NOT AT ALL SINCE 1967. HKG WILL CERTAINLY CONTINUE TO EXERCISE CARE IN USING THE RESIDUAL POWERS AND NO PROSECUTION CAN COMMENCE WITHOUT THE CONSENT OF THE ATTORNEY GENERAL.

(C) THE MAJORITY OF LEGCO MEMBERS ACCEPT IN PRINCIPLE THAT THE PUBLICATION OF FALSE NEWS WHICH IS LIKELY TO DISRUPT PUBLIC ORDER SHOQULD BE SUBJECT TO LEGAL SANCTIONS. THE DIFFERENCES RELATED TO HOW THIS SHOULD BE ACHIEVED IN LAW.

(D) MARTIN LEE'S PROPOSAL WAS UNACCEPTABLE AS IT WOULD HAVE ADDED A NEW DIMENSION TO THE PROSECUTION'S ALREADY DIFFICULT TASK OF HAVING TO PROVE PUBLICATION, FALSITY AND THE LIKELIHOOD OF DISRUPTING PUBLIC ORDER. ITS EMBODIMENT IN LAW WOULD HAVE RENDERED A SUCCESSFUL PROSECUTION VIRTUALLY IMPOSSIBLE AND RESULT IN THE PROVISION BECOMING A DEAD LETTER.

(E) HONG KONG IS A SMALL BUT DENSELY-POPULATED PLACE WHERE ANY DISTURBANCE OF PUBLIC ORDER WOULD HAVE DIRE EFFECTS. THE COMMUNITY THEREFORE MERITS PROTECTION FROM THE PUBLICATION OF FALSE NEWS LIKELY TO CAUSE PUBLIC ALARM OR DISRUPTION.

(F) THE MUCH-QUOTED ARGUMENT THAT JOURNALISTS ARE LIKELY TO BE FORCED TO BREACH THEIR CODE OF ETHICS AND DIVULGE THEIR SOURCES OF INFORMATION HAS BEEN OVERSTATED SINCE THE COURTS HAVE THE MEANS TO PROTECT SUCH DISCLOSURES FROM PUBLICATION.

(G) THE BILLS WERE FIRST GAZETTED ON 19 DECEMBER 1986 AND INTRODUCED INTO LEGCO ON 7 JANUARY 1987. THEREAFTER, THEY WERE DISCUSSED AT LENGTH BY THE ADMINISTRATION WITH THE OMELCO AD HOC GROUP ON 3 OCCASIONS. AT OMELCO'S REQUEST THE DEBATE ON THE BILLS WAS DEFERRED TWICE. THE ADMINISTRATION'S AMENDMENT MOVED AT THE COMMITTEE STAGE WAS SUGGESTED BY THE AD HOC GROUP AND AGREED

WITH OMELCO.

(H). THE BILL HAD THE SUPPORT OF A LARGE MAJORITY OF LEGCO MEMBERS.

9. THE HONG KONG JOURNALIST ASSOCIATION, THE NEWS EXECUTIVE ASSOCIATION, THE FOREIGN CORRESPONDENTS CLUB AND OTHER INTERESTED

Confidential

I GROUPS

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