TNAG-1687-FCO40-2337-Hong-Kong-legislation-regarding-the-control-of-publications--1987 — Page 219

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

17 '87 16:09 TIBCOOU) HK GOVT

MER:

7

Firstly, if the rule of low is to continue to

apply the considerable burden of proof which still lies with the prosecution (as eloquently described by my friend the Attorney General) will certainly inhibit its use as a repressive measure against 'the freedom of the press.

Secondly, the absence of any law which makes the dissemination of false news an offence would not in itself guarantee that there would be total press freedom. Indeed o better sofeguard would be to build a system with checks and balances so as to ensure that powers were not abused.

Thirdly, If however a. future government is determined to restrict Dress freedom the absence OF presence of 0 low would not Inhibit it, OS every Journalist who has worked elsewhere in the region must know.

Sir, in recommending this Bill to Council in its revised form I would ask Members to consider the record of the Hong Kong Government on the question of personal freedom.

I would stress the extremely limited effect of the clause which we are discussing and the considerable burden of proof it puts upon the prosecution.

P.2

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