TNAG-1691-FCO40-2341-Hong-Kong-legislation-regarding-the-control-of-publications--1987 — Page 144

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

P

468 U.S. 641, at pp. 648-49

648-49 (1984); Arkansas Writers' Project, Inc, v Ragland, Supreme Court of the United States, Slip Opinion, 22nd April 1987; and I strongly doubt that they could pass muster under Article 26 or Article 19 of the ICPR. In my view, it is strongly arguable that the law of Hong Kong violates Article 26 in another way : in that the law fails "to prohibit any of the type which will arise under the film

discrimination"

censorship legislation.

Inherent Vices

21. I do not consider that these various vices could be

satisfactorily removed by mere drafting amendment to the legislation. They are inherent in the nature of this form of censorship in a territory which lacks enforceable guarantees of the right to free expression equivalent to the guarantees in the

ICPR.

2, Hare Court, Temple,

London EC4Y 7BH

Anthony rested

ANTHONY LESTER OC

12th October 1987

18

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