TNAG-1689-FCO40-2339-Hong-Kong-legislation-regarding-the-control-of-publications--1987 — Page 144

SJAAOB

169

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Foreign and Commonwealth Office

London SW1A 2AH

Society of Journalism and

Communication

New Asia College

The Chinese University of

Hong Kong

Sha Tin,

HONG KONG

Telephone 01- 270 2653

LiKD 30/4.

REGEIVEL

- 7 MAY 1987

Your reference

Our reference

Date

1st May 1987

Dear Sis,

IND

-Y

on raken

mek 315

Thank you for your letter of 10 April 1987 addressed to HM The Queen about the Hong Kong Public Order (Amendment) Ordinance, and to which I am authorised to reply.

As you will appreciate, this is primarily a matter for the First Hong Kong Government. I should however make three points. the legislation passed by the Legislative Council on 11 March included the repeal of a number of stringent provisions of the Control of Publications Consolidation Ordinance that had been part of the laws of Hong Kong for many years, but which have not prevented the Hong Kong media from being among the most free and outspoken in Asia. In reviewing this legislation and deciding upon these repeals, the Hong Kong Government considered that in such a small and densely-populated place as Hong Kong, it was nevertheless necessary to retain some power to take action against anyone publishing false news that might threaten public order. make it clear that this was the purpose of the provision, and that it was not intended as a limitation of the freedom of the press, that power was transferred from the Control of Publications Ordinance to the Public Order Ordinance. The provision is, therefore, in no sense a new one and the result of the legislation passed on 11 March represents a major liberalisation compared with the position before 11 March.

To

Secondly, I cannot accept that the legislation was enacted

As I with undue haste or inadequate consultation as you claim. have indicated, the provision to which you object replaces (with variations) a provision which has been on the Hong Kong Statute Book since 1951. The current bills were first published in the

Thereafter the Hong Kong Government Gazette on 19 December 1986. measures were discussed extensively between the administration and

The draft members of the Executive and Legislative Councils. bills were very fully debated in the Legislative Council on 11 March, when the implications of the measures on freedom of speech

Both bills were in the territory were considered in detail. thereafter passed by a large majority of the Council.