TNAG-1689-FCO40-2339-Hong-Kong-legislation-regarding-the-control-of-publications--1987 — Page 235

GRS 650

CONFIDENTIAL

FM HONG KONG

TO PRIORITY FCO

TELNO 1631

OF 281115Z APRIL 87

INFO PRIORITY PEKING

Confidential,

MY TELNO 1620 AND YOUR TECNO-

нид зру

PY

2 APR 1987

PA

Addon Taken

Mex

FILM CENSORSHIP

BECAUSE OF HONG KONG'S SPECIAL CIRCUMSTANCES IT IS CLEARLY

NECESSARY FOR US TO BE ABLE TO BAN FILMS THAT ARE POLITICALLY SENSITIVE. WE WERE GRATEFUL FOR THE PRELIMINARY VIEW IN SECOND TUR BUT IT WOULD BE HELPFUL IF THE DEPARTMENT AND LEGAL ADVISERS COULD EXAMINE, AGAINST THE POLITICAL BACKGROUND, WAYS IN WHICH THIS COULD BE ACHIEVED WITHIN ARTICLE 19 OF THE INTERNATIONAL

COVENANT ON CIVIL AND POLITICAL RIGHTS.

2. GIVEN THAT COMMITY OF NATIONS UNDERLIES INTERNATIONAL LAW, IT WOULD SEEM STRANGE IF ONE TERRITORY COULD NOT BAN ACTIVITIES WITHIN ITS BORDERS WHICH MIGHT BE SEEN AS DAMAGING TO GOOD RELATIONS WITH

ANOTHER TERRITORY.

3. IF WE CAN ONLY BAN A FILM ON GROUNDS OF NATIONAL SECURITY OR PUBLIC ORDER OR TO PROTECT THE RIGHTS OR REPUTATIONS OF PEOPLE (NEXT WORD UNDERLINED) IN HONG KONG

(A) CAN A COLONIAL GOVERNMENT ACT IN RELATION TO (NEXT WORD UNDERLINED) NATIONAL SECURITY?

(B) HOW LIKELY DOES THE POSSIBILITY OF PUBLIC DISORDER NEED TO BE QUOTE LIKELY TO RESULT IN UNQUOTE, QUOTE POSSIBILITY OF UNQUOTE, QUOTE RISK OF UNQUOTE? CAN THE RISK OF DISRUPTION BE ASSESSED AS CUMULATIVE? 1.E. WOULD IT BE LEGITIMATE FOR THE CENSOR TO TAKE INTO ACCOUNT THE EFFECT OF A NUMBER OF SIMILARLY OFFENSIVE POLITICAL FILMS? EQUALLY COULD HE ASSESS ONE FILM'S LIKELY IMPACT IN CONJUNCTION WITH THE ANTICIPATED ADDITIONAL EFFECT OF THIS ON THREE OTHER FILMS WHICH WERE KNOWN TO BE IN THE

PIPELINE?

(C) WHAT DOES QUOTE ORDRE PUBLIC UNQUOTE MEAN, DOES IT ADD TO QUOTE PUBLIC ORDER UNQUOTE?

(D) IN THE CIRCUMSTANCES OF HONG KONG, TO THE AUTHORITIES NOT HAVE THE POWER TO MAKE A JUDGEMENT ABOUT THE EFFECT ON NATIONAL SECURITY OF THE USE OF ITS TERRITORY FOR THE DISSEMINATION, OF PROPAGANDA CLEARLY AIMED AT A NEIGHBOURING POWER WITH A SPECIAL RELATIONSHIP WITH THE TERRITORY CONCERNED. IS THE POSITION OF FINLAND RELEVANT HERE? DOES IT BAN FILMS OFFENSIVE TO THE SOVIET

UNION? IF SO HOW?

Confidential

K(E)

55