TNAG-1690-FCO40-2340-Hong-Kong-legislation-regarding-the-control-of-publications--1987 — Page 157

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

1987-07-09 09:33 COMMS. OFFICE (GOV'T HSE)

852 5 845 0995

P.09

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view of the position of the Hong Kong Government and has readily

conceded that there is a lot to be said for the case I have

presented. I mention that, not in any way to suggest that Dr.

Barendt's view is to be discounted or that he is not himself

convinced of his point of view. But it shows that these are

matters on which even experts in the field are forced to

acknowledge the difficulties of a cut and dried judgment, given

the very few cases which have been the subject of detailed

analysis and the need in each particular case to focus on the

element of local necessity.

17.

I would also like Members to reflect on the essence of

the critics' stance. Mr. Martin Lee would seem to take up the

position that there should be no censorship of films on what he

calls "political grounds" or, putting it into the form appropriate

to this present debate, on the ground that the showing of a film could seriously prejudice or damage good relations with other

countries. He would go so far as to argue, so I follow his

position, that films that are blatantly hostile to an overseas

government or the morals or culture of another sovereign state,

must be permitted to be shown in a territory that adheres to the

International Covenants, at least up to the point when their

exhibition produces riots on the streets or a plain threat to law

and order,

/9

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