TNAG-1689-FCO40-2339-Hong-Kong-legislation-regarding-the-control-of-publications--1987 — Page 246

Foreign and Commonwealth Office

London SW1A 2AH

From The Minister of State

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RECEIVED W REGISTRY

Dear Imela

2 4 APR 1987

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VEGISTRY

Ation Taken

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23 April 1987

Akasa PA 301/

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Thank you for your letter of 8 April to Geoffrey Howe about the Hong Kong Public Order (Amendment) Ordinance. I have been asked to reply.

As you will appreciate, this is primarily a matter for the Hong Kong Government. I should however make two points. First, as you note, the legislation passed by the Legislative Council on 11 March included the repeal of a number of stringent provisions of the Control of Publications Consolidation Ordinance. These had been part of the laws of Hong Kong for years, but have not prevented the Hong Kong media from being among 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

The result of the legislation passed on 11 March in fact represents a major liberalisation compared with the position before 11 March.

sense a new one.

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 very fully debated in the Legislative Council on 11 March, when the implications of the measures on freedom of speech in the territory were considered in detail. Both bills were thereafter passed by a large majority of the Council.

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