TNAG-1691-FCO40-2341-Hong-Kong-legislation-regarding-the-control-of-publications--1987 — Page 171

468 U.S. 641, at pp. 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

another way : in that the law fails "to prohibit any

of the type which will

in

discrimination"

censorship legislation.

arise under the film

Inherent Vices

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

satisfactorily removed by a mere drafting

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 Lester

ANTHONY LESTER QC

12th October 1987

18