TNAG-1687-FCO40-2337-Hong-Kong-legislation-regarding-the-control-of-publications--1987 — Page 61

RESTRICTED

FM HONG KONG

RESTRICTED

TO DESKBY 23080OZ SEOUL

TELNO 12

OF 2307102 MARCH 87

INFO PRIORITY FCO

TELECON (MCLEARY/PEIRCE): MR. RENTON'S VISIT.

PRESS LINE ON HONG KONG

for brughts

hx

1. MEMBERS OF THE PRESS WITH HONG KONG CONNEXIONS MIGHT WISH

TO QUESTION MR. RENTON ON THE FOLLOWING CURRENT HONG KONG TOPICS.

PUBLIC ORDER (AMENDMENT) ORDINANCE

2. THIS CONTINUES TO ATTRACT CONSIDERABLE MEDIA COMMENT. THE MAIN CRITICISMS/QUESTIONS AND ANSWERS ARE:

(A) THE LEGISLATION WILL DAMAGE FREEDOM OF THE PRESS IN HONG KONG. ANSWER: HONG KONG HAS HAD TOUGH LAWS ON PRESS MATTERS ON ITS STATUTE BOOK FOR SOME THIRTY-FIVE YEARS. IT HAS RECENTLY REPEALED VIRTUALLY ALL THESE LAWS, BUT HAS JUDGED IT NECESSARY TO RETAIN ONE PROVISION RELATING TO THE PUBLICATION OF FALSE NEWS LIKELY TO CAUSE PUBLIC ALARM OR DISTRUB PUBLIC ORDER. THIS PROVISION. WAS REMOVED FROM THE CONTROL OF PUBLICATIONS (CONSOLIDATION) ORDINANCE TO THE PUBLIC ORDER ORDINANCE, WHICH IS A CLEAR INDICATION THAT IT IS NOT INTENDED TO CONSTRAIN PRESS FREEDOM, BUT RATHER TO PROTECT PUBLIC ORDER. HONG KONG'S RECORD SPEAKS FOR ITSELF. PRESS FREEDOM HAS FLOURISHED THERE BECAUSE THE GOVERNMENT HAS BEEN VERY CAUTIOUS AND SPARING IN THE USE OF THE LEGISLATION IT HAS HAD TO HAND SINCE THE EARLY FIFTIES, NEARLY ALL OF WHICH HAS JUST BEEN REPEALED.

(B) WHY DID HONG KONG RUSH THE LEGISLATION THROUGH?

ANSWER: NOT REALLY FOR ME TO COMMENT ON THIS. MY UNDERSTANDING IS THAT THE BILL WAS FIRST GAZETTED LAST DECEMBER, FOR PUBLIC COMMENT AND WAS INTRODUCED INTO LEGCO THIS JANUARY. IT HAS TAKEN NEARLY THREE MONTHS FOR IT TO BE PASSED INTO LAW.

(C) DID CHINA INSIST ON THIS LEGISLATION?

ANSWER: NO.

(D) LEGCO IS NOT REPRESENTATIVE.

ANSWER: MY EXPERIENCE IS THAT LEGCO MEMBERS REFLECT HONG KONG VIEWS HONESTLY AND EFFECTIVELY. UNDERSTAND THE DEBATE WAS A GOOD ONE WITH MANY SHADES OF OPINION EXPRESSED.

FILM CENSORSHIP

3. CONSIDERABLE MEDIA REACION FOLLOWING AN ARTICLE IN THE ASIAN WASS STREET JOURNAL, BASED ON LEAKED MK GOVERNMENT PAPERS, WHICH SAID THAT GOVERNMENT HAD BEEN CENSORING FILMS FOR DECADES WITHOUT PROPER LEGAL AUTHORITY. THE ARTICLE HIGHLIGHTED THOSE FILMS CENSORED FOR POLITICAL REASONS, ALTHOUGH BY ITS OWN ADMISSION THESE CONSTITUTED ONLY 20 OUT OF 8,400 FILMS CENSORED SINCE 1973.

POSSIBLE Q AND A ARE: RESTRICTED

((A)