TNAG-2177-FCO40-3114-Hong-Kong-Bill-of-Rights-1990 — Page 40

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CONFIDENTI

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Nature of Problem

Legislatio

1. Television Ordinance

3.

[.

Telecommunications

Ordinance

New Territories Ordinance

Wide discretion on the part of the Broadcasting Authority in relation to prohibiting broadcasting on grounds of content, coupled with specific prohibitions on political programmes and advertisements.

Discretionary powers of the Governor in respect of transmission and interception of telecommunication messages.

The ordinance may be used to recognize and enforce Chinese custom affecting NT land which excludes female from rights of succession to land.

Legal advice which has been given

Advice is that existing statutory scheme is generally consistent with BOR but that some minor changes to individual provisions are necessary.

S for S has been advised that there is a real possibilty that existing powers authorising intercepts may be inconsistent with BOR 14 as no grounds for interception are given in ordinance.

Possibility of breach but counter-argument is that NT people are a distinct minority and their culture my validate laws and practices which might otherwise be regarded as discriminatory. See relevant part of CS' speech in moving the Second Reading of the BOR on 25 July 1990.