TNAG-2323-FCO40-3367-Hong-Kong-Bill-of-Rights-Vietnamese-boat-people-1991 — Page 9

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

recognition of religious sects by public authorities. Since there were no restrictions on freedom of religion in any of the dependent territories except as provided for by article 18 (3) of the Covenant, laws relating to the recognition of religious sects were not required. In some territories, religious organizations had chosen to be incorporated by Act or Ordinance.

38. On section X (b), he said that there were no limitations in the dependent territories on freedom of the press and the mass media except in certain areas, provided for under article 19 (3) of the Covenant, where freedom of opinion was limited by law, such as the laws on sedition, contempt of court and defamation, all of which had been mentioned in the United Kingdom's first and second reports. There was no Government censorship or control of the press or the mass media.

39.

Turning to section X (c), he said that, with respect to article 19, there was no interference in the dependent territories with the right to hold opinions. There were no restrictions on the right to freedom of expression other than those provided by law in the various territories and covering defamation, obscene publications, official secrets, blasphemy, sedition, contempt of court and certain public order offences such as incitement to commit a criminal offence, or offensive conduct conducive to a breach of the peace. The Constitutions of Bermuda, the Falkland Islands, Gibraltar and the Turks and Caicos Islands contained express provisions protecting freedom of expression.

40. With respect to article 20, the United Kingdom, when ratifying the Covenant, had reserved its right not to introduce further legislation in the dependent territories, since it had legislated in matters of practical concern in the interest of public order. Propaganda for war or advocacy of national, racial or religious hatred might in practice constitute an offence of sedition or other public order offences such as offensive conduct likely to lead to a breach of the peace or incitement to commit criminal offences. Section 10 of the Hong Kong Film Censorship Ordinance provided that the censor should consider whether the film denigrated or insulted any particular class of the public by reference to their colour, race, religious beliefs or ethnic or national origins, or the sex of the members of that class.

41. Mr. Cooray took the Chair.

42. Mr. MOMMERSTEEG said that he did not find much information in the report concerning the practice of the freedom of expression as set out in article 19 of the Covenant, which referred not only to the right to hold opinions but also to the right to seek, receive and impart information. Those rights were central to the enjoyment of many other rights and vital, for personal development and for the climate of human society. In that connection, he understood that there had recently been much discussion in Hong Kong over a controversial piece of legislation which made it a criminal offence to publish

He false news likely to cause alarm to the public or to a section thereof. asked whether "publish" included both written and oral publication and what was meant by "false news". He further inquired whether there were regulations in the dependent territories providing for the publication of information of general interest which was in the hands of Government authorities.

Comments

Approved members can add comments, bookmarks, and private notes.

No comments yet.

Private Research Note

Private notes are available after approval.