TNAG-1815-FCO40-2576-Hong-Kong-Public-Order-(Amendment)-Bill-1988-1988 — Page 4

China Angle

the

14

Given their view of the importance of the executive having sufficient powers,

the Chinese authorities can

be expected to prefer no change in the Public Order provisions. They have not so far commented on our intention to review the issue but can be expected to do So when the amendment is

Moreover they may gazetted.

well be approached by press. We propose therefore to brief the Chinese on the day prior to gazetting but not to consult

to consult them earlier. (To do So could encourage them to take a view on a matter which clearly falls within our administration.) Our line with the Chinese should cover the following points

(a)

(b)

(c)

(d)

-

it makes political sense for the HKG to responsive to opinion;

be

would in as a basis

repeal will lead to no real weakening of the Government's powers since Section 27 practice have been very difficult to use of prosecution in the courts;

the HK press is much better dealt with by explanation and education than by legal action; and

nevertheless adequat e

powers to handle the media under emergency conditions exist and will be

retained.

Financial and Staffing Implications

15

There are no financial or staffing implications.

Consultation

16

for

the

Over the past few months, the Secretary Administrative Services and Information and st aff of Information Services Department have been in regular contact with the Hong Kong Journalists Association, News Executives Association, Society of Hong Kong Publishers and the Newspaper Society, and individual journalists of repute. There have also been informal

also been informal contacts with Members of the Legislative Council. Whether or not the view is valid, the perception by the media is that the existence of Section 27 is a threat. As the view is unanimous, we feel that a wide ranging public consult at ion exercise is unnecessary.

Public Reaction

17

Local reaction will be largely media led. Government should get some credit for being responsive public opinion,

Section 27 confirmed in their view that they were right,

though

opponent s

of

The

to

will

be

and

the