TNAG-1689-FCO40-2339-Hong-Kong-legislation-regarding-the-control-of-publications--1987 — Page 262

from the Control of Publications Ordinance to the

Public Order Ordinance.

The provision is, therefore,

in no sense a new one and the result of the legislation passed on 11 March represents a major liberalisation compared with the position before 11 March.

Secondly, the provision to which you object 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.

We do not accept that this legislation presents

a threat to the freedom of speech or the Press in

Hong Kong and we do not see any case for the exercise

of the power of disallowance. This would be a serious

step which is without recent precedent, and which

arguably has undesirable implications in the context

of the high degree of autonomy that Hong Kong is

to enjoy after 1997 under Chinese sovereignty.

/I