GRS 370
CONF #DENT:MAL
FM HONG KONG
TO DESKBY 12113OZ FCO
TELNO 1814
OF 121025Z MAY 87
Confidential
TOP COPY Q DIST ?
AND 301/
12 MAY 1987
REGISTRY
PA
Action Taken
Tomek
13/5
HONG TELNOS 1631 AND 1753 AND FCO TELNOS 1167 AND 1195
CENSORSHIP
FILM
1.
WE NOW KNOW THAT AT THE NEXT MEETING WITH THE ADMINISTRATION ON 14 MAY: THE LEGCO AD HOC GROUP WILL FOCUS ON THE QUESTION OF COMPATIBILITY OF BOTH EXISTING AND PROPOSED LEGISLATION WITH ARTHICLE 19 OF THE INTERNATIONAL COVENANT ON CHVIL AND POLITICAL RIGHTS. THE ADMINISTRATION'S ADVICE ON THIS POINT WILL OF COURSE HAVE A BEARING ON WHICH INTERIM MEASURE IS LIKELY TO BE SUPPORTED BY LEGCO (PARAS 3 AND 4 OF HK TELNO 1753 SEMICOLON PARA 5 OF HK TELNO 1631) AND ULTIMATELY ON THE NEW FILM CENSORSHIP Biletele
2.
FOLLOWING THE ATTORNEY GENERAL'S RETURN, WE HAVE HAD FURTHER INTERNAL DISCUSSIONS ON FIFOOT'S ADVICE AS GIVEN TO US WHEN HE WAS IN HONG KONG. WE STILL HAVE DIFFICULTY IN MEETING THE FOLLOWING REQUIREMENTS:
(A) THE NEED TO LEGISLATE FOR THE CENSORING OF FILMS EITHER ON THE GROUNDS OF DAMAGE TO GOOD RELATIONS WITH OTHER TERRITOR DES (EXISTING GUIDELINE) OR SERIOUSLY PREJUDICIAL TO GOOD RELATIONS WATH TERR:NTORINES OUTSIDE HONG KONG (PROPOSED LEGISLATION) SEMICOLON
(B) THE PREREQUISITE THAT SUCH A PROVISION MUST NOT BE ›INCONSISTENT WITH ARTICLE 19 OF THE COVENANT SEMICOLON AND
(C) A FORMULATHON WHICH IS LIKELY TO CARRY A MAJORITY IN LEGCO.
3.
WE BELIEVE IT IS HIGHLY UNLIKELY THAT LEGCO WOULD ACCEPT A FORMULATION WHICH LINKS DAMAGE/SERIOUSLY PREJUDICE WITH THE PROTECTION OF NATIONAL SECURITY/PUBLIC ORDER. IN ANY CASE, A PROVIS KON WHICH DOES LINK THESE ELEMENTS WOULD NOT ENABLE US TO DEAL WITH FILMS PREVIOUSLY BANNED, NOR FUTURE FILMS OF A SIMILAR NATURE BECAUSE THE AMBIT OF SUCH LEGISLATION WOULD NOT BE WIDE ENOUGH, IT IS HARD TO SEE HOW THE CENSOR OR THE GOVERNMENT COULD CREDIBLY ARGUE THAT FILMS SUCH AS 'COLDEST WINTER'' AND 'F #
Confidential
/WERE
17.2°
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