TNAG-1690-FCO40-2340-Hong-Kong-legislation-regarding-the-control-of-publications--1987 — Page 41

SEAABR

CONFIDENTIAL

CALL ON LORD GLENARTHUR BY LORD MCGREGOR

3.30PM 6 AUGUST

PUBLIC ORDER (AMENDMENT) ORDINANCE

Points to Make

1.

June

Understand you recently visited Hong Kong with delegation

from World Press Freedom Committee. Met Governor and senior

government officials to discuss your concerns about recent public

order legislation. Your impressions?

2.

Will consider your points carefully. Of course understand

that important and sensitive issues are involved.

3.

But remain unconvinced that there is case for action by HMG

to ask Hong Kong to review legislation. It was passed, after extensive consultation, by large majority of the Legislative

Council. Would be very serious step for HMG to intervene. No

recent precedent. Would also tend to run counter to concept of high degree of autonomy which Hong Kong will enjoy after 1997 in

accordance with Joint Declaration.

4.

Hong Kong has notably free press. Overall effect of 11 March legislation is greatly to reduce powers of Administration in relation to it. Attorney-General's guidelines introduce stringent safeguards: make it clear prosecution could be brought only in most exceptional circumstances. Fully confident that freedom currently and conspicuously enjoyed by media in Hong Kong will continue unimpaired. But as Chief Secretary said in LegCo debate, HKG will

carefully monitor situation and review provision in light of

experience.

Defensive

Public order (Amendment) Ordinance detail

5.

Primarily matter for Hong Kong Government. Legislation included repeal of seven regulatory or controlling provisions of

CONFIDENTIAL