TNAG-1731-FCO40-2444-Minutes-and-Hansards-of-the-Legislative-Council-of-Hong-Kong-1988 — Page 259

LEGISLATIVE COUNCIL

18.5.1988

Eilm Censorship B

1988

Commis

Stage Clause 10(3) moved by

Hen YEUNG 20-kwan

MR. YEUNG:

Sir,

I move that

that Clause 10(3) be amended as set

out in the paper circulated under my name to Members. This amendment deals specifically with the concern that, to empower the censor under Clause 10(2)(c) to ban or excise a film if there is likelihood that its exhibition

would seriously damage good relations with other territories, represents an infringement upon freedom of expression as provided for under the International Covenant on Civil and Political Rights. The necessity for this power has been thoroughly debated both within and outside this Council and I do not intend to repeat

ic the arguments this afternoon. Suffice to say that the ad hoc group, after careful consideration of advice tendered by various legal experts, has reached a common view that this power should be retained subject to there being adequate safeguards to prevent or remedy possible abuse of power by the censor. My amendment is, therefore, aimed at providing an additional safeguard in the bill to ensure that freedom of expression is duly recognized in the film censorship process.

The amendment, if agreed in Committee today, will add a new sub-clause (3)(d), requiring the censor to take into account fticle 19 of the International Covenant on Civil and Political Rights (which deals with the principle of freedom of expression). The effect of this amendment is twofold. First, it gives express statutory recognition to the principle of freedom of expression enshrined in Article 19 of the Covenant and obliges the censor to give full effect to it, subject only to the limited restrictions on the freedom which

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