TNAG-1731-FCO40-2444-Minutes-and-Hansards-of-the-Legislative-Council-of-Hong-Kong-1988 — Page 260

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are themselves set out in the Article. Second, it ) provides a clear statutory recognition of Article 19

for the purposes of the Board of Review when it considers

This is the legitimacy of a censorship decision.

important because the Board, with its majority of non-official members, is intended by the bill to fulfil the role of a competent administrative tribunal for those

The statutory aggrieved by a censorship decision. recognition of the principle of freedom of expression will surely enhance this role, and is in accordance with Hong Kong's obligations under Article 2 of the Covenant to provide a competent authority for those seeking remedies for infringement of individual rights under the Covenant.

Sir, the ad hoc group is aware that doubts have been expressed as to the effectiveness of the form It is said that of wording proposed in this amendment.

the amendment does not go far enough to protect freedom of expression because the form of wording does not appear to expressly oblige the censor to comply with Article 19.

kun.

On behalf of the majority of the ad hoc group, it is, therefore, necessary for me to explain why it is considered that the formula take into account* is preferable to comply with" in the context of Article 19. In so doing, I shall attempt to avoid wearying Members by excessive length. But since the Honorable Martin LEE has given notice of his intention to move an amendment to clause 10 to adopt the "comply with" formula,it may be helpful to this Committee if, with your permission, Sir, I now deal comprehensively with the respective merits of both formulas so that Members will have, I hope, a clear picture in their

minds.