TNAG-1735-FCO40-2448-Minutes-and-Hansards-of-the-Legislative-Council-of-Hong-Kong-1988 — Page 190

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HONG KONG LEGISLATIVE COUNCIL 18 May 1988

make it more difficult to comply with the law, then I am only too happy to forgo them. If he is happy that the formulation in my proposed amendment, namely, that the censor in making his decision under subclause 10(4), shall comply with article 19 of the covenant, without giving the Government the margin of appreciation which the Hong Kong Government, for the benefit of Mrs. CHOW, has always enjoyed, so be it. Likewise, if the learned Attorney General does not like to confine any application to the court to proceedings for judicial review, who am I to quibble?

Sir, with respect to the Attorney General, we are dealing with two conflicting considerations if the hon. Mr. YEUNG PO-kwan's formula is to be adopted. The censor has to take into account ...

6.00 pm

HIS EXCELLENCY THE GOVERNOR: Mr. LEE I am sorry. I must interrupt you because the clock has now just gone past 6.00 pm and under Standing Order 8(2) the Council should now adjourn.

CHIEF SECRETARY: Sir, with your consent, I move that Standing Order 8(2) should be suspended so as to allow the Council's business this afternoon to be concluded.

Question proposed, put and agreed to.

MR. MARTIN LEE: Sir, we are dealing with two conflicting considerations before the censor if the hon. Mr. YEUNG Po-kwan's formula is to be adopted. On the one hand, he will take into account whether the exhibition of the film would seriously damage good relations with other territories; and on the other hand, he must take into account article 19. The question is: which does he give more weight to? I agree with the Attorney General that in those circumstances, if having considered both, he decides to ban the film, then the matter is not subject to judicial review in the courts. And it is for that reason that I have suggested a more definite formula to be adopted, which would require the censor to comply with article 19.

SECRETARY FOR ADMINISTRATIVE SERVICES AND INFORMATION: Sir, I am most grateful to the Attorney General for his elucidation on the legal aspects. I would merely wish to add that we owe it to those who would be affected directly or indirectly by this Bill, the effect of the legislation that eventually appears on the statute book must be certain.

Sir, I support Mr. YEUNG's amendment.

Proposed amendment

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