TNAG-1688-FCO40-2338-Hong-Kong-legislation-regarding-the-control-of-publications--1987 — Page 209

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• 565) Male Nebo NOMENOMONO NUNG MEMEN, MENINASÕMMANAGOUDUDIODESéverentsidèreveni sandnindada ZARAJADAŽA no maneno no nú he he he he he se to ka na baka

CONTIDENTIAL

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10.

As noted above, the Governor in Council is empowered to make regulations providing for the censorship of films on such principles "as may be prescribed in such regulations". Regrettably, the Regulations do not prescribe such principles but provide the censors with an unfettered discretion to approve or to censor. .In practice, however, the censors act in accordance with the "Guidelines"; a statement of principles published in May 1973 by the Television and Films Division of the then Home Affairs Branch. These Guidelines, which are currently being reviewed, have been widely circulated and are well-known to film makers, distributors and cinema owners.

11.

For the sake of those members. of LAPG who are not lawyers it should be explained that where a body has been empowered by statute to make delegated legislation (e.g. regulations) the legislation made by the body pursuant to that power must conform exactly with the terms of the power as granted. In this case Cap. 172 specifies that the regulations made by Ex Co to provide for the censoring of films must specify the principles upon which films are to be censored. As no such principles are specified the Film Censorship Regulations do not conform with the power granted to Ex Co and consequently are null and void.

12.

It should be added that the Regulations could not be validated now by a simple amendment to include specified principles of censorship. In purporting to make the Regulations Ex Co acted beyond its powers and therefore the Regulations were void ab initio (i.e. from the beginning). At law the Regulations do not exist and it would be impossible (and nonsensical) for Ex Co now to seek to amend something that does not exist.

13.

The only way that the "Regulations" and the existing censorship system could now be validated is by Ex Cb completely remaking the "Regulations" but this time adding principles.

CONFIDENTIAL

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