TNAG-1815-FCO40-2576-Hong-Kong-Public-Order-(Amendment)-Bill-1988-1988 — Page 83

CONFIDENTIAL

TOP COPY Q DIST.?

CONFIDENTIAL

FM FCO

TO IMMEDIATE UKMIS GENEVA

TELNO 27

OF 04163OZ FEBRUARY 88

ния заф

FEB 1988

3

040617

MDHOAN 8081

}

FOLLOWING FOR DELEGATION TO CHR.

HONG KONG TELNO 443: PUBLIC ORDER (AMENDMENT) ORDINANCE

1.

/

THE BACKGROUND TO TUR IS THAT FOLLOWING A REVIEW OF ITS

LEGISLATION ON THE PRESS, THE HONG KONG GOVERNMENT DECIDED IN

1986 TO REPEAL THE OUTMODED AND VERY SELDOM USED QUOTE CONTROL OF

PUBLICATION CONSOLIDATION ORDINANCE UNQUOTE. HOWEVER IT WAS

CONSIDERED NECESSARY TO RETAIN ONE PROVISION, MAKING IT AN

OFFENCE TO SPREAD FALSE NEWS LIKELY TO CAUSE PUBLIC ALARM OR

DISORDER. THIS PROVISION WAS TRANSFERRED UNDER THE PUBLIC ORDER

(AMENDMENT) BILL TO AN APPROPRIATE SECTION OF THE PUBLIC ORDER

ORDINANCE.

2.

SHORTLY BEFORE THE LEGISLATIVE COUNCIL DEBATE ON THE BILL,

CONCERN GREW AMONG MEDIA GROUPS AND SOME LEGISLATIVE COUNCIL

MEMBERS THAT THE BILL WAS AIMED AT IMPOSING NEW RESTRICTIONS ON

THE PRESS BEFORE AND AFTER 1997. FOLLOWING A VIGOROUS DEBATE IN LEGCO ON 11 MARCH, THE BILL PASSED BY A LARGE MAJORITY. THE HONG

KONG MEDIA HAVE SINCE CONDUCTED A LOCAL AND INTERNATIONAL

CAMPAIGN TO HAVE THE LEGISLATION REPEALED. TO MEET LOCAL

CONCERN, THE HONG KONG ATTORNEY GENERAL PUBLISHED IN MAY CLEAR AND TIGHTLY-DRAWN GUIDELINES THAT WOULD GOVERN ANY

PROSECUTION UNDER THE NEW LAW.

3.

(A)

(B)

(C)

LINE TO TAKE:

PRIMARILY A MATTER FOR HONG KONG GOVERNMENT.

THE PROVISION IS IN NO SENSE A NEW ONE.

THE DECISION TO CONDUCT A REVIEW CARRIES OUT HONG KONG

GOVERNMENT'S EARLIER COMMITMENT TO MONITOR THE SITUATION

CAREFULLY AND TO REVIEW THIS PROVISION IN THE LIGHT OF

EXPERIENCE.

(D) IT IS EVIDENT TO ANYONE WHO READS HONG KONG PRESS THAT THEY

HAVE IN NO WAY BEEN INHIBITED BY THE PASSAGE OF THE ORDINANCE.

HOWE

YYYY

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CONFIDENTIAL