TNAG-1988-FCO40-2821-Public-order-ordinance-in-Hong-Kong-1989 — Page 6

GAZETTE NO. 36 1988

35. Section 10(2)(c) refers to the following matters to be considered by the censor:-

'whether there is a likelihood that the exhibition of the film would seriously damage good relations with other territories.'

36. It is a fact that certain films are produced for a propaganda purpose with the intention of harming the interests of another territory. It is also a fact that in the past, attempts have been made to show films in Hong Kong which are part of such propaganda wars'. It is possible for considerable harm to be done to Hong Kong should any territory judge that Hong Kong was willingly being used as a base for hostile propaganda.

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

which states:-

I.

2.

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.

1