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relations, with the United Kingdom government. Their position on the matter is clear and I hope I have made it plain, Sir, that the position of both administrations on this point is not only clear but also well justified in terms of international law.
Mr. Martin Lee's arguments, Sir, in my submission, do not demonstrate that the regulations which are now in question would be any breach of international law. I invite members of this Council to approve these regulations without amendment, not only for good legal reasons but because they represent good common
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DR. HO KAMEFAI: Sir, the question as to whether or not the good relations clause of the Film Censorship Regulations
contravenes the international covenant on civil and political rights is best assessed by reference to the legal opinion of the Foreign and Commonwealth Office because the United Kingdom being a signatory to the international covenant will have the obligation to defend any allegation of breach. The opinion of FCO is that the good relations clause is not inconsistent with or in violation of the international covenant.
The European Court of Human Rights and the Human Rights Commission have ruled in previous decided cases that a state is entitled to a margin of appreciation and is permitted to take into account the particular circumstances in determinining what is necessary for achieving certain goals, considered essential for the peaceful function of the community. Given its extreme 27. vulnerability to external influences, Hong Kong must maintain
cordial relationships with other territories or countries,
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in order to sustain its economic and political stability. The right to freedom of expression is not an absolute right. It is subject to certain restrictions and must have proper regard to public interests. Public interest must override sectarian interests. Comparable provisions on film censorship on good relations grounds do exist in other countries which are party to the covenant.
Sir, the Television Ordinance Cap. 52, a provision
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