TNAG-1731-FCO40-2444-Minutes-and-Hansards-of-the-Legislative-Council-of-Hong-Kong-1988 — Page 292

to him.

In other words,

if

more

than one

the Court will, not interfere:

possible, the Court

view were

as Mr. Martin Lee has explained,

Fit will not, A

substitute its own view for his decision.

If, however,

the decision reached was one which no reasonable person

possibly

could have reached, the Court will intervene and strike

it down.

2.

like

Sir, with these principles in mind, I would like now i te turn to deal with the

to deal with the amendments proposed

by Mr. Martin Lee and to analyse the way they would

Mr. Lee's operate in practice. challenge to be by way of judicial review. the Court would, in relation to a decision of the

he had lawfully exercised

The amendment would require any

Therefore,

ふこ

s.c

LE

censor,

whether consider

the power given to him.

was For example,

the ground

of

censor's the

decision

one

within

the

provisions

Caf

of clause 10(2) of the bill ?

Next, the Court would

consider whether the

the censor had followed the correct

procedure. For example, id the Authority assign

Dut

a

censor

view the film ? to

Did

the

censor

view

tive

it fuiston ?

Unless

the Court was

able to deal with

it

the issue on these two grounds, the Court would then

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