ARTICLE 19 and The Hong Kong Journalists Association
messages sent by telecommunication and makes the transmission of any "false message" an offence.
[Sections 4.4.2 and 4.4.3]
The Film Censorship Ordinance which permits censorship of films, including on the grounds of "damag[ing] good relations with other territories", a provision which was used in 1989 to censor a documentary critical of China.
[Sections 4.5 and 4.11.3]
The Police Force Ordinance, Section 50 (7) of which grants wide powers of search and seizure which were used in October 1989 to seize raw news footage of demonstrators from two television stations.
[Sections 4.6 and 4.11.1]
The Summary Offences Ordinance, Section 4 of which was used in the politically- motivated prosecution of five leading political figures in 1989 for using a loudhailer without permission.
[Sections 4.7 and 4.11.2]
Immigration regulations and procedures which have been manipulated to deny entry to individuals known to be critical of China, despite being in possession of valid entry visas.
[Section 4.11.4]
Other laws containing provisions which are unduly restrictive of freedom of expression including the Places of Public Entertainment Ordinance, Prevention of Bribery Ordinance, the Judicial Proceedings Act, the Public Order Ordinance and the Defamation Ordinance which retains a criminal offence of defamation. Additionally, the law on contempt of court should be reviewed to provide adequate protection for freedom of expression.
[Sections 4.8 - 4,10]
2.4
2.5
A Freedom of Information Act should be introduced as a matter of urgency to ensure that a legislative framework is in place to govern this vital freedom. The legislation should also provide for the protection from disclosure of such government- held information that is necessary in a democratic society to keep confidential. These provisions on the safeguarding of information could replace the current Official Secrets Act (see also recommendation 2.3 above) due to lapse on 30 June 1997 and would also pre-empt the enactment of unduly restrictive laws after 1997.
[Sections 3.1.2 and 4.2]
Under Article 16 of the Bill of Rights, the restriction on freedom of expression permitted for the "protection of national security" could, in the context of Hong Kong,
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