TNAG-1693-FCO40-2343-Publication-of--Spycatcher--by-Peter-Wright-in-Hong-Kong-1987 — Page 20

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WEDNESDAY, JULY 8,

JULY 1987

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POLITICAL FILM CENSORSHIP INFRINGES FREEDOM OF EXPRESSION, LEE

A

AT THE LEGISLATIVE COUNCIL MEETING TODAY (WEDNESDAY), MOTION WAS MOVED BY THE HON MARTIN LEE TO AMEND THE FILM CENSORSHIP REGULATIONS 1987 MADE UNDER THE PLACES OF PUBLIC ENTERTAINMENT ORDINANCE.

THE MOTION SOUGHT ΤΟ DELETE REGULATION 3A (VII), SO AS ΤΟ REVOKE THE POWER OF THE CENSOR TO REFUSE TO APPROVE THE EXHIBITION OF A FILM WHEN HE IS OF THE OPINION THAT THE SHOWING OF THE FILM IN A PUBLIC PLACE "WOULD DAMAGE GOOD RELATIONS WITH OTHER TERRITORIES".

MR LEE EXPLAINED WHY HE CONSIDERED IT NECESSARY ΤΟ MOVE THIS MOTION TO DELETE WHAT HAD BEEN CALLED AN INTERIM MEASURE WHILE THE FILM CENSORSHIP BILL 1987 WAS STILL BEING CONSIDERED BY THE PUBLIC.

"FIRST, THIS IS A MATTER OF PRINCIPLE AS IT CONCERNS A FUNDAMENTAL FREEDOM, NAMELY, THE FREEDOM OF EXPRESSION. I THEREFORE FEEL THAT THE LOSS OF SUCH A FREEDOM EVEN FOR ONE DAY IS ONE DAY TOO MANY," HE SAID.

SECONDLY, MR LEE SAID HE HAD INDICATED EARLIER ΤΟ THE ADMINISTRATION THAT HE WOULD BE WILLING TO ACCEPT A COMPROMISE AS AN INTERIM MEASURE, THAT WAS IF THE ADMINISTRATION WOULD AGREE TO RESTRICT THE GOOD RELATIONS CLAUSE TO THE THREE EXCEPTIONS ALLOWED FOR IN ARTICLE 19 OF THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS AND RELIED UPON BY THE FOREIGN AND COMMONWEALTH OFFICE IN JUSTIFYING THE EXISTENCE OF THIS PARTICULAR PROVISION.

MR LEE'S PROPOSAL WAS TO ADD A PROVISO ΤΟ REGULATION

WHICH READ:

3A (VII)

"PROVIDED THAT THE CENSOR SHALL NOT BAN A FILM OR ANY PART THEREOF UNLESS HE IS SATISFIED THAT THE FILM OR ANY PART

THEREOF:

(1)

(II)

INFRINGES THE RIGHTS OR REPUTATIONS OF OTHERS INCLUDING PUBLIC FIGURES IN OTHER COUNTRIES; OR

THREATENS OR IS LIKELY ΤΟ THREATEN THE TERRITORIAL SECURITY OF HONG KONG".

"THIS AMENDMENT WOULD HAVE TAKEN CARE OF TWO OF THE THREE CRITERIA GIVEN BY THE FCO.

3A,

IT IS THAT

"AS FOR THE THIRD CRITERION, PROTECTION OF PUBLIC ORDER, SEPARATELY DEALT WITH UNDER PARAGRAPH (V111) OF REGULATION

' ENCOURAGE PUBLIC DISORDER'

IS:

AND

BE

MR LEE SAID THAT THE SECRETARY FOR ADMINISTRATIVE SERVICES INFORMATION HAD TOLD THE AD HOC GROUP THAT SUCH AN AMENDMENT WOULD UNACCEPTABLE TO THE ADMINISTRATION BECAUSE IT WOULD MEAN THAT THE BANNING OF SUCH A FILM WOULD BE MORE DIFFICULT TO DEFEND IN A COURT OF LAW IN HONG KONG; AND MORE IMPORTANTLY BECAUSE THE ADMINISTRATION WOULD NOT LIKE ITS POWER OF CENSORSHIP TO BE LIMITED ΤΟ THE VERY NARROW AREAS SET OUT IN HIS PROVISO.

"HE MAINTAINED