TNAG-1691-FCO40-2341-Hong-Kong-legislation-regarding-the-control-of-publications--1987 — Page 114

CONFIDENTIAL

014771

MDHIAN 8648

1

7. THE CRITICISM THAT THE PROPOSED LEGISLATION DOES NOT SATISIFY A

REQUIREMENT OF REASONABLE FORESEEABILITY WOULD SEEM TO BE APPLICABLE

TO ANY GRANT OF DISCRETIONARY POWERS. THE OPINION ACCEPTS THAT THE

LEGISLATION GIVES 'FAIR WARNING' AND APPEARS TO ACCEPT THE VIEW HONG KONG GOVERNMENT (AFTER CONSULTING FCO) HAS ALWAYS ADVANCED, NAMELY, THAT WHAT NEEDS TO BE EXAMINED IS THE EXERCISE OF THE POWER RATHER THAN THE POWER ITSELF (PARA 14). THE CRITICISM THAT THE

CENSOR'S POWERS ARE OVER BROAD AND THAT THERE IS NO SAFEGUARD

AGAINST ABUSE IGNORES THE PROPOSAL IN THE BILL THAT ANY DECISION OF

THE CENSOR CAN BE CHALLENGED BEFORE THE BOARD OF REVIEW (CLAUSE 22)

AND THAT THE SECRETARY FOR ADMINISTRATIVE SERVICES AND INFORMATION

MAY ISSUE GUIDELINES INDICATING THE MANNER IN WHICH IT IS PROPOSED

THAT CENSORS EXERCISE THEIR FUNCTION UNDER THE ORDINANCE (CLAUSE

35).

8.

THE

FORD

THE ISSUE OF DISCRIMINATION HAS BEEN DEALT WITH PREVIOUSLY IN

COMMENTS ON THE OPINION OF MR BARENDT.

YYYY

ΜΑΙΝ

21

MINIMAL

HKD

NNNN

DISTRIBUTION

21

LEGAL ADVISERS

3

PAGE CONFIDENTIAL