TNAG-1689-FCO40-2339-Hong-Kong-legislation-regarding-the-control-of-publications--1987 — Page 22

OCMIAN 5002

CONFIDENTIAL

OO HOKON

FM FCOLN TO HOKON

181645Z MAY

GRS 656

CONFIDENTIAL

187)

Sez (191

TOP COPY Q DIST ?

HAD BOVL

INUY

19 MAY 1987

BY

mek

2015

55002 1

CONFIDENTIAL

FM FCO

TO IMMEDIATE HONG KONG

TELNO 1361

OF 181645Z MAY 87

120/+

YOUR TELS 1855/7: FILM CENSORSHIP

1.

WE HAVE NOW CONSULTED FIFOOT.

SINCE IT IS NOT OUR

PRACTICE TO STATE PUBLICLY WHAT LEGAL ADVICE HAS BEEN GIVEN, WE

CANNOT AGREE TO YOUR STATING IN TERMS WHAT LEGAL ADVICE YOU HAVE

RECEIVED FROM THE FCO. ALL THAT IS NECESSARY, IT SEEMS TO US, IS

FOR YOU TO SAY THAT YOU HAVE CONSULTED THE FCO, AND WHAT HONG

KONG'S POSITION IS FOLLOWING THAT CONSULTATION. HONG KONG'S

POSITION MUST THEN BE DEFENDED, SO FAR AS IT DEPENDS UPON A

MATTER OF LAW BY THE HONG KONG ATTORNEY GENERAL.

2*

WE SUGGEST THE FOLLOWING RE-DRAFT OF THE SPEAKING NOTE,

WHICH WE WOULD THEN BE CONTENT FOR YOU TO MAKE PUBLIC AS AMENDED

QUOTE.

1. A QUESTION WHETHER A PARTICULAR COURSE OF ACTION IS

CONSISTENT WITH HMG'S INTERNATIONAL OBLIGATIONS UNDER A

TREATY IS A MATTER FOR HMG. THE GOVERNMENT OF HONG KONG

HAVE THEREFORE CONSULTED HMG ON THE QUESTION OF THE

COMPATIBILITY OF THE PRESENT PROVISIONS AND THE CURRENT

PROPOSALS FOR CENSORSHIP OF FILMS WITH ARTICLE 19.2 OF

THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS.

(OPEN SQUARE BRACKETS) HAVING REGARD TO THE ADVICE OF

HMG, (CLOSE SQUARE BRACKETS) THE POSITION OF THE HONG

•

KONG GOVERNMENT IS AS FOLLOWS.

1

CONFIDENTIAL