400. In his reply,
the representative
of the State
party
said that the Data
Protection
Act,
1984, had been generally
successful
in accomplishing
its
purpose.
Although
the Act did not apply
in the dependent
territories,
information
there
was protected
by rules
of confidentiality,
and any breach
of
that confidentiality
would
be dealt
with
appropriately.
The Security
Services
At!t represented
the first
statutory
text
covering
the secret
service
and
contained
new safeguards
and specified
remedies.
Complaints
by organieations
that
were the target
of investigations
could
be reviewed
by a commissioner
appointed
under
the Prevention
of Terrorism
(Temporary
Provisions)
Act.
Interference
with
telephone
communications
in Song Kong could
be authorized
under
the Telecommunications
Ordinance
in the public
interest
and on the
specific
approval
of the Governor
if there
was a risk
to security.
bzei!.m..of.rehiaion:
national,
racial
or
urs3li.~M.sf~.~~~~~.war.aod
reliaioyS
hatred
and
imiimmua
freedom
of
association
401. With
reference
to that
issue,
members of the Committee
wished
to know
whether
there
had been any evolution
in the Government’s
position
since
the
submission
of the report
in respect
of the desirability
of legislation
relating
to blasphemy,
blasphemous
libel
and the right
to seek information;
whether
the 1989 Official
Secrets
Act encompassed
defence
of the public
good
and whether
this
Act applied
also to the dependent
territories;
what had been
the effects
of the Broadcasting
Ban of 1988 and what was the outcome
of the
judicial
review
referred
to in the report:
what had been the impact
of the
1989 Broadcasting
Bill
on freedom
of expression
: what was the role
of the new
Radio Authority:
what was the status
of the proposal
to replace
the Press
Ccuncil
with
a Press Complaints
Commission
and what the latter’s
competence
would
be; and whether
there
were any legal
criteria
for determining
that an
organisation
should
be proscribed
under
section
1 of the Terrorism
Act of 198ga
402. In addition,
it was inquired
whether
the Government
intended
to further
emend the Summary
Offences
Ordinance
and the Education
Ordinance
in the
interest
of greater
freedom
of expression:
whether
the United
Kingdom
had
specified
remedies
in order
to comply with
the recent
judgement
of the
European
Court
of Human
Rights
concerning
restriction6
on the publication
of
msterial
about
trials
in progress:
what the maximum punishment
for membership
of a proscribed
organisation
was and whether
mere
membership
in the
organieation,
in the absence
of any other
illegal
activity,
was in itself
an
of fence:
why the scope of blasphemy
laws in the United
Kingdom
extended
only
to Christianity;
whether
the distinction
between
the Church
of England
and
other
churches
was objective
and reasonable)
and what obstacles
existed
to a
total
separation
of Church
and State.
Clarification
was also sought
of the
psovisions
of the Cable and Broadcasting
Act
1984,
under which
the
independence
of radio
and television
could
be restricted
in the interest
of
maintaining
political
impartiality
and, with
respect
to Bong Kong, of
provisions
of the Noise Control
Ordinance
and the Public
Order
Ordinance,
which
seemed to laqitimize
restrictions
to the right
to peaceful
assembly
as
set forth
in article
21 of the Covenant:
of the nature
of the contrJls
applied
when public
gatherings
exceeded
200 persons;
and of article
23 of the Basic
LRW of the Hong Kong Special
Administrative
Region,
which
stated
that laws
would
be enacted
to prohibit
political
organizations
or bodies
of the Region
from establishing
ties
with
foreign
political
organizations
or bodies.
-lOO-
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents