TNAG-1688-FCO40-2338-Hong-Kong-legislation-regarding-the-control-of-publications--1987 — Page 229

GUNI TULITIAL

2

6.

Although there is of course nothing in the point about the regulations being unconstitutional, I do have serious doubts about the vires. Section 7(1)(h) of Cap.172 authorizes the Governor in Council to make regulations to provide for the censoring af films "on such principles as may be prescribed in such regulations". As you know, the regulations contain no guiding principles for the Censors and the Board. It could be argued that the regulations give an unfettered discretion to the Censors and that this was never the intention of the legislature. This possible defect obviously increases the chances of the owner taking the Board to court, I think it would be wise in any event to amend the regulations to supply the omission. I imagine that it would not be too difficult to devise a formula which would cover all the grounds on which you would wish to ban a film.

c.c. D.I.S.

GRS: ac

CONFIDENTIAL

(G.R. Sneath)

Solicitor General