TNAG-1689-FCO40-2339-Hong-Kong-legislation-regarding-the-control-of-publications--1987 — Page 230

14KD BO Foreign and Commonwealth Office

RECEIVE

REGISTRY

2 APR 1987 London SW1A 2AH

OFFICER

PA

REGISTRY

Action Take April 1987 mek 115

From The Minister of State

Draw Puter.

севол

carrie

181 Cr

PA 501/1

Thank you for your letter of 9 April about the Public Order (Amendment) Ordinance.

We have of course followed the debate in Hong Kong on this issue very closely. We have also received representations from some quarters, including the Commonwealth Press Union and the Hong Kong Journalists Association, and I met two representatives (Mr Wong Kwoh-Wah and Mr Armstrong) of the latter on 31 March.

This issue is, as you acknowledge, primarily a matter for the Hong Kong Government. There are however two general points to be made regarding the recent legislation passed by the Legislative Council.

First, as you note, the legislation passed on 11 March included the repeal of a number of stringent provisions of the Control of Publications (Consolidation) Ordinance that have been part of the laws of Hong Kong for many years, but which have not prevented the Hong Kong media from being amongst the most free and outspoken in Asia. In reviewing this legislation and deciding upon these repeals, the Hong Kong Government considered that in such a small and densely-populated place as Hong Kong, it was nevertheless necessary to retain some power to take action against anyone publishing false news that might threaten public order. To make it clear that this was the purpose of the provision, and that it was not intended as a limitation of the freedom of the press, that power was transferred from the Control of Publications Ordinance to the Public Order Ordinance. The provision is, therefore, in no sense a new one. The result of the legislation passed on 11 March represents in fact a major liberalisation compared with the position before 11 March.

Secondly, the provision to which you refer replaces (with variations) a provision which has been on the Hong Kong Statute Book since 1951. The current bills were first published in the Hong Kong Government Gazette on 19 December 1986. Thereafter the measures were discussed extensively between the administration and members of the Executive and Legislative Councils. The draft bills were

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