TNAG-1689-FCO40-2339-Hong-Kong-legislation-regarding-the-control-of-publications--1987 — Page 177

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

KONG

Room

Strand Palace Hotel,

\Tel: 836 8080.

The Foreign Correspondents' Club, Hong Kong North Block, No. 2 Lower Albert Road, Hong Kong

Tel: 5-211511

Cables: "CORCLUB"

whose membership

includes

The Hong Kong Foreign Correspondents' Club, representatives of most of the world's major publications. television and

news

agencies,

03

Well

local

journalists,

radio networks and turbed by the recently-enacted Public Order Amendment Ordinance.

is dis-

Although the bulk of this measure

weeks was published mand

thus

giving

ample time

for discussion:

one

days before

the

This clause

to cause alarm to the public or

shall be guilty of

vital

lengthy debate which mode it

is likely states: "Any person who publishes false

section thereof or disturb public order

clouse oniy

in advance,

appeared Q

0. tew

law.

which news

offence,

=

K

1

jail. Punishable by two years'

The Ordinance does not define

11

of proof of

innocence

anyone UPON

+alse news" and, in effect lays the burden

to have The Ordinance

accused.

been badly drafted (the original version had included the word "maliciously”

but the OPProved version appears to disregard motive).

enacted

in

legislation: an English statute

1275. But even that was

a

There is Precedent for this kind of

known as

"Scandalum Magnatum"

-: ד .!

finally finally repealed in 1888.

Informally, the attitude of the Hong Kong Government seems to be that

nobody has to

will not be invoked.

Worry becouse the clause

there 13 NO need for it at all.

If that 13

It 1 S

long

very 0

stronge Piece of legislation for a Colony which was

chosen

not

090

course: 0.

as the venue

Colony which

for a

Will

Commonwealth law conference.

be taken over

also, of 13

by the Chinese Government in

I t

just over ten years'

time.

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