MAR 28 '88 13:46 HK GOVT. SF
Michael Davies, Chinese University of Hong Kong
Hong Kong's Proving Legacy of Freedom of Expression and the Basic Law
Main points:
1. Referred to the traditional freedom of expression in Hong
Kong, and to clouds on the horizon due to recent Hong Kong Government moves and developments re the BL.
2. The J.D. is sound on freedom of speech, but the situation has been compromised by e.g. measures relating to film censorship and the control of obscene articles, political censorship of films, the Public Order Ordinance, continued application of the Official Secrets Act and other examples.
3. The effective potential for overkill in these measures could be dangerous, and given vigorous enforcement post 1997 could shake the foundations of Hong Kong.
4. The draft BL does not fulfil the promise of the J.D.
5. Problems would arise because of the different view of the
rights and duties of the media in the PRC.
6. A more serious point, however, is the extent to which the
BL will be subject to interpretation by the NPC.
7. The NPC cannot be relied upon to protect H.K.'s traditional
will freedoms, and there is a very real danger that H.K. become isolated form the Common law tradition.
8. He appealed for a debate of these issues by the Hong Kong
people, and for public discourse to be unrestricted.
9. The BL offers no real protection, and the acts of the British
and PRC governments, albeit for different reasons, are tending to operate in the same direction.
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