403. In his reply,
the representative
of the State party explained
that
although the Government was aware that the current
legal situation
with regard
to blaGphemy was unsatisfactory,
it did not believe
that the necessary
consensus
existed
to change it.
Furthermore,
the fact that the law did not
apply to all religions
did not contravene
article
18 of the Covenant.
The
Official
Secrets
Act did not make provision
for a “public
good” defence but
wa6
concerned witb matters
involving
“serious
harm to the interests
of the
country”.
It had not yet been extended to the dependent territories.
The
Government believed
that the Broadcasting
Ban had been highly
effective
and
that the deregulation
of broadcasting under the 1909 Broadcasting Bill would
l.ead to greater freedom of expression.
The intent of the Cable and
Broadcasting Act was to establish independent radio and television
COndSGiOn6
and to guard against fomenting terrorism through publicity.
The role of the
new Radio Authority
was to license and regulate broadcasting,
and the Press
Complaints Commission had been established by the press itself
in response to
widespread complaints about the press.
A case concerning
restrictions
on
press coverage of court proceedings was before the European Court of Human
Such restrictions
were carefully
designed to strike a balance between
Rights.
freedom of expression and the proper administratun
of justice.
404. DeCiGiOnS
to proscribe organisations
were subject to full parliamentary
controls.
Under the Prevention of Terrorism (Temporary Provisions)
Act, 1909,
the maximum penalty for membership in a proscribed orqanization
was
i.mprisonment not exceeding 10 years, and mere membership in such
orqanieation
was
considered an offence.
However, in cases where a person had been a member
of an orqanieation
before it had been proscribed,
and where that person had
not taken an active role in the organisation
after its proscription,
there was
a defence to t.le offence of membership. Very few organisations
had been
proscribed under the legislation
and those that were, were proscribed because
of their involvement in terrorism.
There were no plans to introduce changes
in the privileges
enjoyed by the Church of England, which, in the view of the
Government, were reasonable.
405. With
involving
Ordinance
permission
Uaht
regard to prohibitions
of public meetings in Hong Kong, meetings
more than the numbers of people specified
in the Public Order
required the permission of the Commissioner of Police, such
having been withheld on six occasions in 1989 and 1990.
to warticipate
in the conduct of public
aff&&
406. With regard to that issue, members of the Committee wished to receive
illformation
on the Government’s plans, if any, for affirmative
action to
promote greater opportunitiec
for the employment of members of ethnic
minorities
and women in the judiciary,
Parliament and local government and the
higher grades of the civil
service,
They also wished to know what the legal
basis was for the “positive
vetting”
of certain candidates for the civil
service: how the condition of susceptibility
to pressure from certain
organizations
or groups had been interpreted
in practice;
whether there was a
remedy for the unsuccessful candidate: and whether consideration
had been
given to changinq the simple majority procedure in the British
electoral
System. Clarification
was also sought of restrictions
to electoral
campaign
expenditures under British
election law and of the apparent contradiction
between prohibiting
members of political
parties from holding civil
service
posts while allowing members of the civil
service to enter politics.
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