TNAG-1814-FCO40-2575-Hong-Kong-Film-Censorship-Ordinance-1988-(No.-25-of-1988)-1988 — Page 258

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FM FCO

TO DESKBY 310100Z HONG KONG

TELNO 847

OF 301535Z MARCH 88

CONFIDENTIAL

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HUD 301/1

MAR 1988

16

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MDHOAN 3154

TOP COPY

Q DIST ?

YOUR TELNOS 1176, 1177 AND1261: FILM CENSORSHIP BILL

1. WE HAVE CONSULTED OUR LEGAL ADVISERS ON FIRST TWO TURS AND

THEIR ADVICE IS GIVEN BELOW.

2. AS INDICATED IN PARAGRAPH 1B OF OUR TELNO 657, WOULD BE DIFFICULT TO CONFINE THE OBLIGATION TO TAKE ACCOUNT OF ARTICLE

19 OF THE ICCPR TO CLAUSE 10(2) OF THE BILL. YOUR DECISION TO INSERT THE REFERENCE IN CLAUSE 10(3), WHEN IT WILL APPLY IN RESPECT OF ALL PARAGRAPHS OF CLAUSE 10(2), IS THEREFORE A SENSIBLE

ONE.

3.

THIS APPROACH FITS IN WELL WITH ARTICLE 19(3) OF THE ICCPR

SINCE ACTIONS ON THE BASIS OF ALL OF THE THREE PARAGRAPHS IN

CLAUSE 10(2) MUST BE JUSTIFIED IN THE LIGHT OF THE EXCEPTIONS PROVIDED FOR IN ARTICLE 19.3 (A) AND (B). THE PRINCIPLE ARGU-

MENT FOR THE INCLUSION OF THE REFERENCE TO ARTICLE 19 IN CLAUSE 10(3), THEREFORE, IS THAT, SINCE WE HAVE DECIDED TO INCLUDE A REFERENCE TO THE CONVENTION IN RELATION TO THIS CENSORSHIP

CLAUSE, IT WOULD BE RESTRICTIVE TO SINGLE OUT ONE POSSIBLE REASON FOR CENSORSHIP SINCE CENSORSHIP WOULD HAVE TO BE JUSTIFIED IN CONVENTION TERMS AS REGARDS ANY OF THE THREE. CLAUSE 10(3) IS

THEREFORE THE APPROPRIATE PLACE FOR THIS REFERENCE.

4.

THE ARGUMENTS SET OUT IN PARA 2 OF SECOND TUR SEEM TO US TO GO TO THE QUESTION: WHY IS IT NECESSARY TO SPELL OUT PARTICULAR

YOU ARE PREPARED TO ACCEPT A GENERAL REQUIREMENT THAT CENSROSHIP

MUST SATISFY THE RESTRICTIONS OF ARTICLE 19.3 OF THE ICCPR? THE

ARGUMENTS ARE NONETHELESS VALID. WE THINK IT IS PERFECTLY DEFENSIBLE TO TAKE THE LINE, AS PROPOSED IN PARAGRAPH 2(B) AND (C) OF SECOND TUR, THAT IT IS PERMISSIBLE TO A STATE TO INDICATE THE PARTICULAR AREAS WITHIN THE GENERAL AMBIT OF ARTICILE 19.3 WHICH

IT ENVISAGES AS THE AREAS IN WHICH IT MAY SEEK TO IMPOSE THESE

PERMISSIBLE RESTRICTIONS. FURTHER, IF IT DECIDES TO TAKE THIS COURSE, IT IS DESIRABLE TO USE THE KIND OF LANGUAGE WHICH IS CONSISTENT WITH ITS OWN JURISPRUDENCE RATHER THAN THE WIDE AND

GENERALISED TERMS OF AN INTERNATIONAL COVENANT. THE USE OF SUCH

LOCAL TERMS AND THE IDENTIFICATION OF THE PARTICULAR AREAS OF USE, HOWEVER, IN NO WAY DETRACTS FROM THE NECESSITY OF ENSURING THAT, IN THE APPLICATION OF THE STATUTE, THE EXECUTIVE COMPLIES

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