TNAG-1689-FCO40-2339-Hong-Kong-legislation-regarding-the-control-of-publications--1987 — Page 162

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- 7 MAY 1937

PUBLIC ORDER (AMENDMENT) ORDINANCE

RECE

GUIDELINES

PRESS REACTION

SUMMARY

REGISTRY

PA

Action Taken

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THE RELEASE OF THE PROSECUTION GUIDELINES BY THE ATTORNEY GENERAL WAS ACCORDED EXTENSIVE COVERAGE IN THE MASS MEDIA OVER THE WEEKEND. THE GUIDELINES WERE GENERALLY WELCOMED IN THEMSELVES, THOUGH MANY STILL FELT THEY WERE NOT A SUBSTITUTE FOR AMENDING THE LAW.

DETAILED COVERAGE

THE

2. THE GUIDELINES ISSUED BY THE ATTORNEY GENERAL TO ALL COUNSEL IN THE PROSECUTIONS DIVISION OF THE LEGAL DEPARTMENT ON SATURDAY WERE ACCORDED EXTENSIVE COVERAGE IN THE MASS MEDIA OVER THE WEEKEND. NEWS WAS THE LEAD STORY IN MOST CHINESE LANGUAGE NEWSPAPERS ON SUNDAY AND ATTRACTED SEVEN EDITORIALS. MOST PAPERS PUBLISHED THE TEXT OF THE GUIDELINES IN FULL.

3. MOST MEDHA REPORTS HIGHLIGHTED THE FACT THAT THE CIRCULAR FROM AG TO COUNSEL IN THE PROSECUTIONS DIVISION OF THE LEGAL DEPARTMENT HAD NO STATUS IN LAW. THE REPORTS NOTED THAT THE CIRCULAR SERVED ONLY AS AN INTERNAL MEMORANDUM FOR THE PROSECUTORS, THOUGH SOME SAID THE GUNDELINES WOULD HAVE A WELCOME GUIDING EFFECT. THE PAPERS REPORTED THAT AG BELIEVED IT WAS IMPORTANT THAT PUBLISHERS FELT FREE TO PUBLISH WHAT THEY REASONABLY BELIEVE TO BE TRUE, EVEN IF IT WAS LIKELY TO CAUSE PUBLIC ALARM OR DISTURB PUBLIC ORDER.

4. SING TAO JIH PAO NOTED IN ITS FRONT-PAGE HEADLINES THAT THE PUBLICATION OF FACTS OR REPORTS WHERE IT COULD NOT BE VERIFIED WHETHER OR NOT THE NEWS WAS 'FALSE'' WOULD NOT BE TAKEN TO COURT UNDER THE GUIDELINES. THE PAPER NOTED THAT THE MEASURES WERE ONLY AIMED AT THE PUBLICATION OF NEWS. COMMENTARY AND REPORTS WHICH HAD NOT CAUSED PUBLIC ALARM WOULD NOT BE PROSECUTED. THE ORIENTAL DAILY NEWS, IN HEADLINES, CALLED FOR IMMEDIATE AMENDMENT TO PLUG THE LOOPHOLES IN THE PUBLIC ORDER (AMENDMENT) ORDINANCE. SING PAO REPORTED THAT NO PROSECUTION FOR AN OFFENCE SHOULD COMMENCE WITHOUT THE CONSENT OF AG. THE SUNDAY MORNING POST SAID THE GOVERNMENT PUT STRINGENT LIMITS ON THE SCOPE OF THE ORDINANCE, MAKING IT EXTREMELY DIFFICULT FOR A PROSECUTION TO BE LAUNCHED UNDER THE NEW LAW. THE

SEVERE RESTRICTIONS WHICH THE GUIDELINES PLACED IN IMPLEMENTATION OF

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THE