TNAG-1731-FCO40-2444-Minutes-and-Hansards-of-the-Legislative-Council-of-Hong-Kong-1988 — Page 264

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no greater obligatory effect in legislative terms than take into account". The court's supervisory role upon judicial review will thus be the

same under both formulas.

Second

SECOND, as a matter of drafting clarity, it is entirely inappropriate to require in our legislation that a censor comply with Article 19 since part of Article 19 itself as stated in

paragraph 3 requires that any restriction

on the right to freedom of expression be

provided by law. A censor is simply not competent

to provide restrictions by law. That is the

job of the legislature.

Third

THIRD, even overlooking the drafting

deficiency noted above, the comply with" formula

is unnecessary and inappropriate in the context

of the role of the Board of Review. It is

unnecessary because, for the reasons already given, it achieves no more than the "take into

account formula; and it is inappropriate because

it implies that nothing short of an order from

the legislature will induce the Board to give

due weight to the principle of freedom of

expression. Such an approach is entirely

inconsistent with the legislature's

intention as to the function of the Board, which

comprises a majority of non-official members with

a non-official chairman, performing an independent

role.

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