1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19.
20
21
22
23
24
25
26
2 2 2 2 2 2 2 2 2
27
28
- 29
30
31
k 32
33
34
35
36
Now that it is the avowed intention of Members of the ad hoc group, including the Honourable YEUNG Po-kwan, that the
नी power of political censorship given to thé Censor/ must not infringe Article 19, it is difficult to see why my formula is not preferred to the Honourable Mr. YEUNG Po-kwan's.
تصبون
مسلك مستعار
Let me give to Members an illustration of how the Censor will discharge his duties if Section 10(2)(c) is enacted
Clanse together with Section 10(3)(d). Assume the Censor takes his work very seriously and views a potentially controversial film together with a political adviser, as well as a legal adviser. At the end of the viewing session, he turns to the political adviser who tells him that the film has been strongly objected to by the Sia News Agency on the grounds that a certain Chinese leader has expressed the view that it should be banned, and that if it was to be exhibited in the cinemas of Hong Kong it could sour relations between
Puch Repubere of Chu.. the PRC and 'the Hong Kong Government. The Censor then turns to the legal adviser who advises him that in his view, the banning of the film will contravene Article 19 because it is not necessary for respect of the reputations of others, or for the protection of national security, or of public
order, or ordre public
public. publique.
In these circumstances, if the Censor decides to ban the film, after taking into account the advice of both the political adviser and the legal adviser, there is very little the aggrieved party can do about it. If it takes the matter to the court on the grounds that in banning his film the Censor has acted outside his powers conferred upon
claime him by Section 10(2)(c) in relying on a reason which falls outside the exceptions allowed for in Article 19(3), the court is likely to say that because the Censor had taken Article 19 into account to the extent of seeking advice from the Legal Adviser, it cannot be said that he had
acted outside the law.
No comments yet.
Private notes are available after approval.