TNAG-1689-FCO40-2339-Hong-Kong-legislation-regarding-the-control-of-publications--1987 — Page 233

AND 301

RECEIV

The Rt. Hon. Sir Peter Blaker, KCMG MP

REGISTRY

29 APR 1987

DAS ERICER

1. Acknowledged

56

S22 (157)

2. Minister of State has/has not se

3. Hong Kong.... Department fo

TOUSE OF COMMONS advice and draft reply from Mr. Reubi

REGISTRY

PA

mek 15

PS Mr Realn

LONDON SWIA OAA

9th April 1987

ан 10K &

Dear Tim,

I have been approached by Mr Nigel Armstrong of the Hong Kong Journalists Association with regard to the Public Order (Amendment) Ordinance 1986 which, as you know, is causing a great deal of concern in Hong Kong.

I have also received a strong expression of disquiet on the same subject from my old friend and former Member of the House, Colin Turner, who represents in his business capacity a number of newspapers in Hong Kong and is at present Chairman of the Public Relations Committee of the Commonwealth Press Union. I understand that Lord Ardwick, Chairman of the CPU's Press Freedom Committee and Sir Edward Pickering, former Chairman of the CPU Council, also support the Hong Kong journalists.

The Ordinance has, as you know, caused general concern about maintaining the tradition of a television and radio in Hong Kong.

free press,

In addition the main points of anxiety seem to be:

Although it is not expected that the present Administration would misuse the Ordinance it might be misused at some time in the future.

1)

2)

The difficulty of defining "false news"

3)

4)

That the burden of proof is on the accused.

Legislation of this kind is not necessary in the present circumstances. It is recognised that the Ordinance replaces a number of restrictive measures which have been annulled. However if at any future time an emergency necessitated the introduction of а measure such а s the present one this could be done relatively simply.

It has also been put to me that the Ordinance is unnecessary since the Emergency Regulations Ordinance declares that "any person who. spreads false reports or makes false statements likely to cause public alarm or despondency shall be guilty of an offence".

contd.