TNAG-1731-FCO40-2444-Minutes-and-Hansards-of-the-Legislative-Council-of-Hong-Kong-1988 — Page 261

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The starting point for an objective analysis

of the relative merits of the two formulas is "what are they intended to achieve?

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This is of fundamental

importance, for unless we are clear as to the intended effect, we cannot make any sensible judgment as to which wording better achieves the intention better.

will

A

Now, I will deal with the "take into account" formula first:

First, therefore, what is the intended effect

of the take into account formula? It is to oblige the censor to act in accordance with the principle of freedom of expression set out in Article 19. But what does act in accordance with the principle of freedom

of expression set out in Article 19

The right to freedom of expression,

actually mean?

both in common

sense terms and as used in Article 19, cannot be an absolute

and unqualified right to be elevated above all other

considerations.

To illustrate this point briefly, if the right

to freedom of expression were to be treated as absolute and unqualified, there could be no lawful constraints upon violence or pornography in films or in any other

media.

Article 19, therefore, recognises that the right to freedom of expression is not absolute or unqualified. This is why the Article states, in paragraph 3, that the right carries with it special responsibilities and duties and may be subject to certain restrictions so long as the restrictions are provided by law and are necessary to protect, among other things, the individual countries' or territories' national interest (described in the covenant by the French concept of ordre public").