TNAG-1735-FCO40-2448-Minutes-and-Hansards-of-the-Legislative-Council-of-Hong-Kong-1988 — Page 170

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HONG KONG LEGISLATIVE COUNCIL — 18 May 1988

and shall not refuse to approve the film under subsection 2(b), or make a decision under subsection 2(c), or assign it a classification under section 12(1)(b) or (c) unless he is satisfied that the film:

(i) unwarrantably portrays, depicts or treats cruelty, torture, violence, crime, horror, disability, sexuality or indecent or offensive language or behaviour; or

(ii) denigrates or insults any particular class of the public by reference to the colour, race, religious beliefs or ethnic or national origins or the sex of the members of that class; or

(iii) will seriously damage good relations with other territories."

Sir, this negative and more desirable alternative and the positive hence less desirable alternative in my view, to be moved by Mr. YEUNG Po-kwan, were both rejected by the Administration when they were first made. As the Administration has now come round to accepting the consensus recommenda- tion of the group instead of mine, I concede defeat and support the Bill as amended by either Mr. YEUNG Po-kwan's amendment. However, I voice my misgivings, in the strongest possible terms, in the hope that my hon. Colleagues, Government and non-government Members alike, will eventually be persuaded. As Chairman MAO once said: 'I can wait for a thousand years', of course, that is, if I do live that long, but Hansard does and longer too.

Sir, with these remarks and misgivings, I support the motion.

SECRETARY FOR ADMINISTRATIVE SERVICES AND INFORMATION: Sir, I am most grateful to my hon. Members for their support for this Bill. As Mr. YEUNG Po-kwan has pointed out, much time and effort have been devoted to this exercise. I shall record our very great and sincere appreciation for the work done by the ad hoc group.

I am personally indebted to the convenor, Mr. YEUNG Po-kwan, for his forbearance and patience in dealing with what he must have regarded as a somewhat stubborn Administration.

May I, Sir, refer to some of the points that have been raised today. I doubt, Sir, I need to say much about the relevance of article 19. Suffice it to say that we have given assurance in the past, and I shall repeat this assurance, that the Bill before this Council is not incompatible with article 19 of the covenant.

Mr. Martin LEE referred to the desirability of having a judge to chair the board of review, if the board should come to examine a film which is banned under clause 10(2)(c) that is on the grounds that the exhibition of that is likely to cause serious damage to the relations with other territories. I can only note his comment on this particular aspect, and when it comes to making an appoint- ment, it will be a matter under the new Bill, for the Governor. And I am sure the Governor will have this on record when such an appointment is made.