TNAG-1689-FCO40-2339-Hong-Kong-legislation-regarding-the-control-of-publications--1987 — Page 173

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between the Hong Kong administration and Members of

the Executive and Legislative Councils. The draft

bills were then very fully debated in the Legislative

Council on 11 March and passed by a large majority.

On that occasion the implications for the freedom of

speech in the territory were very fully considered.

Finally it is important not to lose sight of

the fact that the legislation passed on 11 March

included the repeal of a number of stringent provisions

of the Control of Publications (Consolidation)

Ordinance. These have been part of the laws of Hong Kong

for many years, but, as you say, have not prevented the Hong Kong media from being among the most free

and outspoken in Asia. The single provision that

was retained and transferred to the Public Order

Ordinance was considered by the Hong Kong Government to be necessary in the particular circumstances of Hong Kong, a small and densely-populated territory. On balance the result of the legislation passed on 11 March represents a major liberalisation compared with the position before 11 March.

We do not accept that the present measure will stifle the Hong Kong media in the years leading up to 1997, or set an unfortunate precedent in that regard

thereafter. Nevertheless the Hong Kong Government have undertaken publicly to monitor the operation of the new law carefully and to review the situation in the light of experience. This seems to me to have been a responsible and open-minded position to take in response to concerns expressed about the Ordinance.

GEOFFREY HOWE

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