GOVERMENT HOUSE HUNG KUNG.
2.
THU 21 JHN 93 10:17
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Urgent Business; Hong Kong, Freedom of Expression and 1997
THE BILL OF RIGHTS AND LOCAL LEGISLATION
2.1
2.2
2.3
The continued application after 1997 of the Hong Kong Bill of Rights Ordinance, and thereby of the right to freedom of expression, is in considerable doubt: the Chinese authorities have repeatedly warned they may amend or repeal the Ordinance for being inconsistent with the Basic Law. It is important therefore that Britain secures with China an agreement to ensure the Bill's effective survival after 1997, and to impress upon China its consistency with Article 39 of the Basic Law and with the Joint Declaration.
[Section 3.2.3]
The Bill of Rights places an obligation on the government to ensure that all existing legislation is consistent with the terms of the Bill. A number of laws which have been identified in this report as being potentially inconsistent with Article 16 of the Bill of Rights, or in other ways threatening to freedom of expression, are in urgent need of amendment or repeal. If they remain on the statute books, and carry over into the SAR in their present form, they represent an open invitation to abuse.
Laws in particular need of amendment include the following:
[Sections 3.1 and 3.3]
The Emergency Regulations Ordinance which contains sweeping powers to restrict freedom of expression including under section 2(2)A which specifically authorizes censorship of all media.
[Section 4.1]
The Official Secrets Act 1989 which does not allow a public interest defence for unauthorized disclosure of certain broad categories of information and contains no provision for freedom of information (see also recommendation 2.4 below).
[Section 4.2]
The Crimes Ordinance which, despite its recent review, retains broadly-defined crimes of treasonable and seditious intention.
[Section 4.3]
The Broadcasting Authority Ordinance which grants censorship powers to the Governor in Council who also appoints all its members.
[Section 4.4.1]
The Television and Telecommunication Ordinances which contain wide powers of prior censorship and prohibition of programmes on television and radio respectively, the Telecommuncation Ordinance also authorizes the interception or blocking of any
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