NOTES OR SUPLEMENTARIES
PUBLIC ORDER (AMENDMENT) ORDINANCE
THREAT TO PRESS FREEDOM
Recent measures have greatly relaxed controls.
1951
Used only
Believe
Ordinance on Statute Book for over 30 years.
three times, in 1967. Has not prevented Hong Kong press
being among freest and most outspoken in Asia.
this is healthy and should and will continue.
Joint Declaration provides clear guarantees on
continuation of present legal and judicial system,
maintenance of press and other freedoms after 1997.
New
law itself provides considerable safeguards against any
abuse in future.
LEGALLY OBNOXIOUS.
· Considerable burden of proof lies with Hong Kong
Attorney General, whose prior consent to a prosecution
must be obtained. Prosecution must prove, beyond
reasonable doubt, (a) publication, (b) falsity, (c) that
this likely to alarm public or threaten public order.
Accused need then only prove, on balance of
probabilities, that he had reasonable grounds to believe
news was true to avoid conviction.
reasonable.
-
This seems entirely
GOVERNMENT GIVING IN TO CHINESE PRESSURE.
No pressure from Chinese government to introduce this
measure. No exchanges of any kind with them about it.
Under Joint Declaration we are fully responsible for Hong
Kong's administration up to 1 July 1997, and intend to
maintain and exercise that responsibility.
+
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