GRS 650
CONFIDENTIAL
FM HONG KONG
CONFIDENTIAL
TO IMMEDIATE FCO
TELNO 1857
OF 14112OZ MAY 87
HKD REUELA!
301/1
APGISTRY
1 5 MAY 1987
120
FICER
REGISTRY
MIPT
PA
Action Taken
FILM CENSORSHIP: TEXT OF SPEAKING NOTE
Imek 18/5
**(1) THE CLAUSES RELATHING TO POLITHICAL CENSORSHIP ARE BASED ON
TWO FORMULATIONS
(A) DAMAGE TO GOOD RELATIONS WITH OTHER TERRITORIES (EXISTING
GUANDELAINES): OR
!
(B) SERIOUSLY PREJUDICHAL TO GOOD RELATIONS WITH TERRITORIES OUTSIDE HONG KONG (PROPOSED LEGISLATION): CLAUSE 9(2)(C).
(2) WHETHER OR NOT A PARTICULAR RULE WIS OR IS NOT COMPATIBLE WINTH
ARTICLE 19 OF THE CONVENANT INS A MATTER WHICH AFFECTS HMG'S
OBLIGATIONS UNDER AN INTERNATIONAL TREATY AND THEREFORE FALLS TO HMG TO ADV›NSE HKG, ACCORDINLY HKG HAS SOUGHT FCO'S ADVICE. WE
HAVE NOW RECEIVED SUCH ADVICE.
(3) THE FCO S OF THE OP:MMON THAT NEWTHER OF THE FORMULATIONS WOULD BE INCONSISTENT WITH THE CONVENANT ON THE FOLLOWING GROUNDS
(A) THE RIGHT TO FREEDOM OF EXPRESSION ETC. MAY BE SUBJECT TO CERTAIN RESTRICTIONS AS ARE PROVIDED BY LAW (ARTICLE 19(3)) AND THE LEGAL PROVINS BON COULD NOT BE CHARACTERISED AS JEOPARDISINING THE ENJOYMENT OF THOSE RINGHTS WHEN CONSIDERED AS A WHOLE.
(B) RESTRICTIONS ON THE RIGHT TO FREEDOM OF EXPRESSION ETC COULD BE SAND TO BE ''NECESSARY'' HAVING REGARD TO PARTICULAR CHIRCUMSTANCES OBTAINING IN THE PLACE IN QUESTION. THEREFORE IN DECIDING **WHAT IS NECESSARY' A BODY SUCH AS THE HUMAN RIGHTS
COMMITTEE CAN BE EXPECTED TO TAKE INTO ACCOUNT HK'S PARTICULAR
CIRCUMSTANCES. DRAWING ON AN INTERPRETATION ADOPTED BY THE
EUROPEAN COURT OF HUMAN RIGHTS WITH REGARD TO PROVISION USING
WORDING SIMILAR TO ARTICLE 19, THE HONG KONG AUTHORITIES SHOULD
ENJOY A MARGIN OF APPRECIATION OVER WHAT MS (NEXT WORD
UNDERLINED) ''NECESSARY''. IT IS BELIEVED THAT DIFFERENT STANDARDS ARE APPLICABLE IN HONG KONG AS COMPARED WITH, SAY COUNTRIES ON EUROPE OR NORTH AMERICA, CONFIDENTIAL
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