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(b)
to the present administrative arrangements to classify films according to suitability by age groups: ie no cinema owner can be compelled by law to prevent juveniles seeing adult films;
recent Hong Kong Government legal advice has cast doubt on whether the film censorship regulations are in fact intra vires
the main ordinance.
5.
(a)
(b)
Following the review, two options were put to ExCo on 3 March:
to introduce into LegCo a new Film Censorship Bill, both incorporating a proper "film classification system" (by age groups) and putting the vires of the regulations beyond doubt;
or
in view of local sensitivities about introducing any new legislation on "freedom of expression" at this delicate time in
Hong Kong's development, to proceed to introduce a film classification system only by non-legislative means (ie to include such provisions in every cinema operator's permit). ExCo concluded that option (b) should be pursued in discussion with
OMELCO.
The Leak
C
6. The ExCo paper and record of ExCo's discussion on 3 March were
leaked to the Asian Wall Street Journal (ASWJ) which published a
summary of their contents on 13 March. Hong Kong have initiated an investigation to try to determine the source of the leak. The
contents of the leaked papers are embarrassing to Hong Kong and
ourselves. They reveal legal doubts about the vires of Hong Kong's
existing censorship provisions. They also discuss both the need for
the censorship of films which might offend China and the risks of
proceeding with legislation which might be strongly criticised by
certain sections of LegCo and by Parliament.
7. In response to local press questions the Hong Kong Government
have taken the line that the vast majority of films which have had
to be cut or banned over the past 13 years have been censored on
grounds of sex or violence; only 20 have been censored because they might damage Hong Kong's external relations, and not all of these
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