TNAG-1990-FCO40-2823-Broadcasting-in-Hong-Kong-1989 — Page 100

CONFIDENTIAL

035230 MDHIAN 0327

8. ONE ADDITIONAL POINT IS THAT THERE IS NOW A RIGHT OF APPEAL FROM A DECISION BY THE CNESOR TO A COMMITTEE ON WHICH THERE IS A NON- OFFICIAL MAJORITY. THERE IS A STRONG LIKELIHOOD THAT A BAN WOULD BE OVERTURNED. IN THAT CASE WE WOULD STILL FACE RECRIMINATIONS FROM THE CHINESE, AND AS A GOVERNMENT WOULD HAVE LOST CREDIT WITH THE COMMUNITY.

9. HAVING CONSIDERED THE PROS AND CONS I CONCLUDE THAT THE POLITICAL ADVISER SHOULD TELL THE COMMISSIONER THAT THERE ARE NO/NO POLITICAL GROUNDS, IN TERMS OF THE NEW REGULATIONS, FOR BANNING THE FILM.

10. IF THIS COURSE IS FOLLOWED, THE POLITICAL ADVISER WOULD SPEAK TO THE NCNA AT THE SAME TIME AS THE CENSOR'S DECISION IS PASSED TO THE DISTRIBUTOR, TAKING THE FOLLOWING LINE:

A)

THE FILE QUOTE IF I WERE FOR REAL UNQUOTE HAS BEEN RESUBMITTED FOR SHOWING BY THE DISTRIBUTOR. AS NCNA WILL KNOW, THE FILM WAS NOT APPROVED WHEN FIRST SUBMITTED IN 1981. FLOWING FROM THE ORIGINAL DECISION THE BAN HAS BEEN REPEATED ON A NUMBER OF OCCASIONS WHEN THE FILM WAS RESUBMITTED. WE NOW HAVE THE FIRST APPLICATION UNDER THE NEW LEGISLATION PASSED IN NOVEMBER 1988.

B) DECISIONS TO BAN OR OTHERWISE RESTRICT THE SHOWING OF FILMS IN HONG KONG ARE THE RESPONSIBILITY OF THE COMMISSIONER FOR TELEVISION AND ENTERTAINMENT LICENSING. UNDER THE NEW LEGISLATION THE COMMISSIONER NEEDS TO TAKE INTO ACCOUNT INTER ALIA WHETHER THE SHOWING OF THE FILM WOULD SERIOUSLY DAMAGE GOOD RELATIONS WITH OTHER TERRITORIES AND ALSO ARTICLE 19 OF THE PROVISIONS OF THE INTERNATIONAL CONVENTION ON CIVIL AND POLITICAL RIGHTS WHICH DEALS WITH FREEDOM OF EXPRESSION. AN AGGRIEVED PARTY HAS THE RIGHT OF APPEAL AGAINST THE COMMISSIONER'S DECISION.

C) THE COMMISSIONER HAS CONCLUDED THAT THERE ARE NO GROUNDS IN TERMS OF THE NEW LEGISLATION FOR BANNING THE FILM.

D) THIS FILM HAS BEEN THE SUBJECT OF PREVIOUS EXCHANGES WITH NCNA. THAT IS WHY WE ARE BRIEFING THEM ON THE COMMISSIONER'S DECISION. WE HAVE REFLECTED ON THESE PAST EXCHANGES AND HAVE CONCLUDED THAT IN THE PRESENT CLIMATE BOTH IN CHINA AND HONG KONG IT IS NOT/NOT POSSIBLE TO ARGUE THAT AN OLD FILM OF THIS SORT, BASED ON A PLAY ORIGINALLY PUBLISHED IN CHINA, WOULD CAUSE QUOTE SERIOUS DAMAGE UNQUOTE TO OUR RELATIONS.

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