1985 — Page 36

Page 36 of 195

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HONG KONG URBAN COUNCIL

has not shown enough concern. It has not exercised its powers properly which is tantamount to abdicating its powers and dereliction of duty. Our respectable Mrs. Margaret Li once at a monthly meeting of the Council did ask how we were going to deal with the situation and it's a pity that the Council did not seriously deliberate on the question to arrive at a solution to the problem. Is it not a case of abdication of our powers and dereliction of duties? Mencius once told King Hwuy of Liang, 'Your Majesty's not exercising Imperial sway is because you do not do it, not because you are not able to do it.' Similarly, we have not done our duties because we do not exercise our powers, not because we haven't the powers nor the ability to do so.

(8) Being the statutory licensing authority, the Urban Council has a responsibility to lay down some conditions for the news vendors to comply with. For example, adult magazines which cater to the taste of some adults should be put in some higher and inconspicuous places or in envelopes; or it should be stated on the cover: 'Adult magazine: children prohibited', or, 'Adult magazine - sale to youngsters under [age] prohibited.' Now if the newspaper vendors are violating against the regulations, then we can give them warnings, and after several times warnings, if the vendor still insists on selling these publications, then we may consider suspension of his licence or even cancellation of his licence. We should take concrete, effective measures to help the government prevent the spread of blue magazines and contamination of the young.

(9) In the year 1983-84, the Urban Council spent $334.7 million on cleansing, environmental hygiene and prevention of pollution. Similarly, the Urban Council has also the responsibility to safeguard the spiritual life of Hong Kong from pollution by publications of a pornographic or violent nature.

(10) As a matter of fact, the real culprits are those who edit, print and publish such publications. However, restricted by our terms of reference, we have no right to restrain anyone other than the news vendors. So, a more effective two-pronged method to contain blue magazines would be: leave the publishers to other government departments to handle while we discipline the news vendors. It would be most appropriate that the Market and Street Traders Select Committee takes full responsibility in the task. With cooperation of the news vendors who exercise self-discipline and refrain from selling publications suspected or condemned to be of a pornographic and violent nature, the publishers would disappear of their own accord for want of retail outlets for the publications. If things work out this way, our Councillors would have done the society a great service.

(11) In proposing the motion, I do not mean to impose on the news vendors the responsibility of identifying the publications glorifying sex and violence. In fact, the government has already laid down guidelines as to which publications are considered objectionable:

(Any article... portraying—)

1. the commission of crime in such a way as to—

(i) create sympathy for or extol the criminal;

(ii) bring into contempt the forces and institutions entrusted with the enforcement of law and order;

(iii) inspire or encourage persons to imitate criminals;

2. acts of—

(i) excessive violence or cruelty; or

(ii) torture or other physical agony;

3. acts of a repulsive or horrible nature or which tend to deprave;

4. seduction, rape or sexual perversion; or

5. the commission of crime, acts of violence or cruelty or of a repulsive or horrible nature, or other matter, in such a way that the story as a whole would tend to corrupt a juvenile.

In their own interest, the news vendors should make their judgment according to these guidelines. Some elderly and lowly educated news vendors may not be in a position to form such moral judgment from the point of law, but with their experience of life, they should be able to make a general moral judgment. If there is any doubt, they should do their best to seek clarification. Ignorance is no excuse for shirking responsibility. I suppose intentional ignorance is inexcusable in law, and the Urban Council should never knowingly neglect its duties on account of the ignorance of the licensees. If the news vendors have any difficulties in making a judgment, the best thing to do is not to sell these publications at all. It will be to the interest of themselves as well as the society. The profit-minded should bear all the consequences of their recklessness. So, my motion that the Market and Street Traders Select Committee be given the discretion to revoke or suspend the licence of a news vendor convicted by the court is well justified.

(12) Mr. Chairman and respectable colleagues, before concluding, I would like to point out ten undeniable facts for your reference:

1. Publications of a pornographic and violent nature are flooding the newsstands.

2. Many young people are being corrupted by such objectionable publications.

3. The effect of the Urban Council's persistent promotion over the years of recreational and cultural activities for the young people would be eroded or much reduced by the influence of these objectionable publications.

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