TNAG-2862-FCO40-4116-Article-XIX-(lobby-group-for-press-freedom)-and-Hong-Kong-Jo-1993 — Page 2

CONFIDENTIAL

XCC(93)34

BACKGROUND AND ARGUMENT

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The Hong Kong Journalists Association (HKJA), the local branch of Justice and their supporters in the Legislative Council have been campaigning for a new initiative on freedom of information and press freedom since the enactment of the Bill of Rights Ordinance in June 1991. There are two elements to their case -

(a)

(b)

freedom of information legislation; and

the repeal or amendment of laws which they see as an actual or potential threat to press freedom.

A Freedom of Information (FOI) Ordinance

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The HKJA and Justice have published their own FOI Bill which provides for a general right of access to Government documents subject to the exceptions set out at Annex A. The Bill also provides for -

(a) the right to seek amendments to personal information held by Government which is incorrect or misleading;

(b)

(c)

the publication of statements by Government departments describing their decision making procedures and structures; and

earlier and more extensive access to old documents.

Press Freedom and the Bill of Rights Ordinance

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The HKJA has argued that certain laws are a threat to press freedom. The Association bases its case on Article 16 of the Bill of Rights Ordinance (Annex B) and has pressed us to be more active in identifying, repealing or amending laws which are thought to be incompatible.

Governor's undertakings

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The HKJA met the Governor on 20 August 1992. The Governor said that he was sceptical about the value of general declaratory legislation on freedom of information but was prepared to commission a review to identify laws which might run counter to Article 16 of the Bill of Rights Ordinance and other measures to improve access to official information. The Governor repeated these undertakings in his policy address to the Legislative Council on 7 October 1992.