TNAG-1690-FCO40-2340-Hong-Kong-legislation-regarding-the-control-of-publications--1987 — Page 108

the

1 that A showing of a film will not be harmful to Hong Kong.

In view of the fact that Hong Kong's external economic relations

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are of vital importance to us, hence the administration must

not allow the showing of a film which bring tension to, or

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which deteriorates our relations with other territories because in the final analysis the loss will outweigh the gain. We must appreciate that communist as well as the democratic countries are all our trading partners. They should be treated

This is a fact the same as far as co-operation is concerned.

With this in mind we

and this is also the most important factor in maintaining the territory's stability and prosperity. should avoid whenever possible any films which might bring

unnecessary political controversy. confine to the contents of the films.

of opinions on legal interpretation. revelation

Sir, argument does not There are differences The compatability of

Section 3 (A) (7) of the Film Censorship Regulations with Article 19 of the International Covenant on Civil and Political Rights is a good example.

According to the

Foreign and Commonwealth Office both the clauses damage the good relations with other territories and seriously prejudicial to good relations with territories outside Hong Kong, 22 Without contravening Article 19, whereas Human Rights Expert

Professor Alex Barendt of Oxford University make two assumptions. Firstly there are no similar provisions governing other means of And the second communication such as the press and the theatre.

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assumption is that there are no provisions in our criminal law making it an offence to damage good relations with other

Professor Barendt is territories through any form of media.

However,

of the opinion that if his assumptions regarding Hong Kong criminal law and press law are correct, then the provision will be incompatible with the international covenant. he went on to point out that human rights court is very sensitive to special political situation.

Also based on the present

This is beyond

situation in Hong Kong we must act cautiously. doubt. He also pointed out that a court might express a margin of appreciation on the provision in question.

Sir, the