TNAG-1689-FCO40-2339-Hong-Kong-legislation-regarding-the-control-of-publications--1987 — Page 112

MY 85 '87 15:31 TTB(OOU) HK GOVT

2.

(c) Overall consideration

4.

The 1985 review came broadly to the conclusion that most of the control' provisions of the Ordinance were either outdated or duplicated elsewhere in the law. In relation to the power to suppress newspapers for up to six months, it was also thought that such a power was too draconian and, if used, would probably contravene international human rights agreements. In the context of the run-up to 1997, HKG considers it necessary to ensure the continuation of a free press through and beyond the transition by liberalising the legal framework within which the press operates. For these reasons, all the provisions in the old Ordinance were repealed on March 11, 1987 with the exception of the 'false news' provision which was transferred to the Public Order Ordinance with

some modification.

(a) The 'false news' provision

5.

The original provision under Chapter 268 (now repealed) read -

Malicious publication of false news to constitute an offence

"1 6.(1) It shall be an offence against this

Ordinance maliciously to publish in any local newspaper false news which is likely to alarm

No public opinion or disturb public order. prosecution for any such offence shall be initiated without the consent in writing of the Attorney General.

P.3