TNAG-1689-FCO40-2339-Hong-Kong-legislation-regarding-the-control-of-publications--1987 — Page 159

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

R

SOCIETY OF JOURNALISM & COMMUNICATION

THE CHINESE UNIVERSITY OF HONG KONG

香港中文大學新聞傳播學系系會

2

on 'common sense'. We wonder how difficult it will be for one to

interpret the law. Moreover, the amended clause targets 'any person'

among 5.5 million citizens of Hong Kong. It is an infringement upon

freedom of expression.

In addition, supporters of the amended clause argued that the

Government had to control the undesirable elements who attempt to abuse

the right of freedom, to fabricate false unsubstantiated information, or

even to spread rumours that cause public fear. Their arguments imply

that the media have the intention to spread 'false news'. If it should

have been the case, why did the Chief Secretary Sir David Ford cross out

the word 'maliciously'?

to

(3) Supporters also insist that the burden of proof be rested with

the defendents because it is extremely difficult for the prosecution

demonstrate in court what is in the defendent's mind. However, should

we set up laws in a way to make prosecution easier?

potential

The mere existence of this stipulation already presents

threat to journalistic practices, and may result in strict self-

censorhsip. The public's right to know may then be infringed. In

addition, it is the professional ethics of journalists to protect their

confidential sources. Reporters may end up in prison if they are to

stick to professionalism. As a result, the number of sources decreases,

seriously affecting the flow of information in society.

that no

of

likes

(4) All journalists have a mission to unveil secrecies that are

major public concern and to protect the public from government

But it is an inexorable fact malpractices.

government

criticism. And we learn from the Watergate Affair and the Irangate

Scandal that 'news' denied by the Government is not necessarily 'false'.

THE CHINESE UNIVERSITY OF HONG KONG

SHATIN, N.T. HONG KONG.

TEL: 0-614642-3

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