TNAG-1731-FCO40-2444-Minutes-and-Hansards-of-the-Legislative-Council-of-Hong-Kong-1988 — Page 293

ask itself whether the

decision of the censor under

clause 10(2) was

such that no reasonable censor could

have reached

reached the decisión he did. As 1 have said,

the Court will not concern itself with the question

of whether the

decision was the right decision, but

only whether the decision was one open to the censor.

3.

Own

In reaching its decision,

the

Court will

take

into

account the fact that the legislature has qualified

the duty of the censor to comply with Article 19 and give him a latitude, called by Mr, Lee "a margin of

le.

らこ

appreciation".

$

The

practical effect of Mr. Martin Lee'

amendment which I have outlined would be substantially

the

same

25

the

the amendment

of practical effect as he has so clearly explained. proposed by MI, Yeung Po-Kwan Following Mr, Yeung's

amendment,

the

any person aggrieved by a decision of

censor or the Board of Review could challenge that

decision by way of judicial review.

The

same three

or principles

tests/would be applied by the Court and, at the end

of the day, the Court would

would need to decide

the decision-making process was defective.

whether

There

world is, however, a

of

difference