TNAG-1815-FCO40-2576-Hong-Kong-Public-Order-(Amendment)-Bill-1988-1988 — Page 11

*1988-12-25 15.50 HGC

652 3 865 2720

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VI.

VII.

CAZETTE NO 36/1988

37. These considerations, however, have to be balanced against Article 19 of the ICCPR

which states:-

1.

2.

3.

Everyone shall have the right to hold opinions without interference.

Everyone shall have the right to freedom of expression: this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.

The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary;—

(a) For respect of the rights or reputations of others;

(b) For the protection of national security or of public order (ordre public), or of

public health or morals.

38. Censors should therefore balance the right to freedom of expression on one hand against the rights and reputation of others, the protection of national security, of public order (ordre public)* or of public health or morals.

39. Should a censor, on viewing a film, arrive at the conclusion that public showing of the film would cause serious damage to Hong Kong's relations with another territory by reason of the matters set out in Article 19(3)(a) or (h) of the ICCPR, he should ensure that within the permitted time the film is viewed with not less than two advisers appointed under s. 6(2) of the Ordinance.

Exemption of Films

40. Under section 9 of the Ordinance the Authority may exempt a film from censorship. The Authority (or his delegates) is the arbiter of what can be exempted from censorship under conditions or otherwise as set out in section 9.

41. The classes or description of film suitable to be exempted under this section include:-

(a) cultural:

(b) educationu!.

tri instructional (including training):

(d

promotional.

(2) sports, and

(/) travel.

42. The Authority has full discretion to interpret whether a given film falls under one of these classes or descriptions. If satisfied, he should. not later than 7 working days after the film is submitted. issue a certificate of exemption with or without conditions as set out in the Ordinance. The Authority may revoke such a certificate if he is of the opinion that the film in respect of which the certificate was issued should again be submitted for censorship.

Trailers

43. Each trailer for a film either intended to be shown inside the hall or the cinema lobbies should be submitted to the Authority. A separate certificate will be issued for each piece of trailer, with or without conditions.

VIII. Films Submitted by Clubs and Cultural Organizations

44. The Ordinance clearly states that films intended to be shown by these organizations must be submitted for censorship (para. (c) of the definition of 'exhibition' in section 2(1) of the Ordinance).

45. A film submitted by such an organization may be exempted from censorship if the Authority decides that the film comes under one of the classes suitable for exemption. If the film does not fall under one of these classes it must be examined by the censor and classified accordingly.

*Note. The French term 'ordre public' is included in the quoted text of the ICCPR because it has a broader significance

then the English term "public order". It can be interpreted as including the concept of 'national interest'.