TNAG-1690-FCO40-2340-Hong-Kong-legislation-regarding-the-control-of-publications--1987 — Page 85

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

1

2

сер

3

4

5

6

7

8

9

10

cap 11

12

13

14

15

Cap 16

17

18

cap 19

20

21

22

23

24

2.5

26

ने

2 2 2 2 2 2 2 2 2 2 2 7 ☹m in

28

I submit that the first point is a

areas set out in my proviso.

thoroughly bad one because we believe in the rule of law and if a power is wrongly exercised by the administration, then it is in the public interest that such abuse of power be put right by judicial review. As to the second point, a simple example will illustrate that it, too, is a thoroughly bad one. Suppose I need $3 from a friend in order to buy an MTR ticket and I say to him, may I have your wallet so that I can have $3 to buy myself a ticket ?

But I must say that once I have your wallet, I will take more than

$3.

Will my friend in these circumstances let me have his wallet ? Sir, I am shocked by the bold stance taken by the administration. This Council is being asked to allow the power given to the censor to continue, on the basis that it can be justified under Article 19 of the covenant in only three areas, and yet this Council is told

that once the power is left intact, it will be applied to other areas not mentioned in Article 19. Is the administration not insulting the intelligence of members of this Council ?

My third reason for moving an amendment to these interim measures is due to the administration's failure to show that the restriction is necessary, principally because of the unlawful exercise by the censor of a power which was never given to him for over thisfy years. During this period many films have been banned on political grounds, with the result that the public cannot

judge for themselves what effect these films would have on our

community.

If my motion is carried, at least until the Film Censorship 27 Bill 1987 is presented to this Council in a few months' time there

will be no political censorship of films in Hong Kong. The public can then judge for themselves whether we need a similar provision in the Bill, namely, to ban: a film which is "seriously prejudicial

to good relations to territories outside Hong Kong."

29

30

31

32

33

34

But if my motion is defeated today, we will never know

whether there is a real necessity for it.

Sir, I do not see any danger in suspending such a power 35 for such a time because it is inconceivable that a film which

offends this regulation which is shown in a Causeway Bay or a

36

Comments

Approved members can add comments, bookmarks, and private notes.

No comments yet.

Private Research Note

Private notes are available after approval.