generally taken to mean China.
2. The Places of Public Entertainment Ordinance which provides for a licensing system for public performances and gives the police powers to stop performance for any reason whatsoever.
3. The Emergency Regulations Ordinance allows the Governor-in- Council to make any regulations considered desirable in the public interest, and provides for censorship and the control and suppression publications during an emergency. Sections in the Crimes Ordinance related to treason and sedition also have a bearing on the news media on a number of occasions.
There were other ordinances which do have a direct bearing on freedom of expression. However, their implementation has had a significant impact on the way the media operate. For example, a section in the Police Force Ordinance related to the issue of search warrants was used in October 1989 to seize news videotapes which carried footage of Anti-Beijing Massacre demonstrations held locally from the two television stations. Charges were later laid against some demonstrators, in a move seen as an attempt to appease the Chinese government.
In line with Article 19 of the ICCPR, legislation which contravenes the freedom of expression must be repealed. As Hong Kong approaches 1997, there are signs that the Chinese Government is exerting stronger pressure on the colony. Particularly pressure is being placed on the media and political groups holding views which are not conforming to the Beijing views. A Freedom of Information Act is urgently needed to protect the Rights to Freedom of Expression and Information now and in the future.
3.3 Criticisms on the Implementation of Hong Kong Bill of Rights Ordinance
The Hong Kong Bill of Rights Ordinance, was enacted and came into immediate effect on 8 June 1991. It has adopted most of the articles of the ICCPR, but provisions under the ICESCR are excluded. According to some legal experts, the Bill is "a peculiar model of incorporating the international human rights treaty into domestic law because it is not a direct incorporation but to make an ordinance which substantially reproduces the text of the international human right treaty. This form of incorporation will cause problems of application and interpretation in court."!
Despite its limitations, we believe that the Bill can be a useful means to improve the Human Rights situations in Hong Kong if channels are established for redressing grievances.
1.K.W. Lau (1991) Criticism and Comments on the Hong Kong Bill of Right Ordinance 1991
in Human Rights Issues Prior to 1997 by Asian Human Right Commission.
6
No comments yet.
Private notes are available after approval.