CE backs new censorship rules

June 15, 2021

Chief Executive Carrie Lam:

Previously, there was not a very clear condition or requirement about national security. But we cannot take (it) for granted (as) there is a piece of legislation called the National Security Law. Apart from enforcing this piece of national and Hong Kong legislation to deal with the four types of offences that undermine national security, there are several very relevant provisions or articles in the National Security Law that require almost every department, every individual and every organisation not to do things that will undermine national security and harm the interest of a nation including subverting the central government and also the Hong Kong Special Administrative Region Government. 

So I support the Secretary for Commerce & Economic Development (SCED) in updating the guidelines for censors to build in this condition. Otherwise my censor colleagues - they are all civil servants - will not be alerted to this requirement in discharging their duties, which is very unhelpful. So the SCED has acted in accordance with the law in discharging his duty in respect of the Film Censorship Ordinance.

But I did admit that it has perhaps caused some anxiety amongst the film industry practitioners and also from the legislator representing the cultural sector, that is Ma Fung-kwok. So I spoke to  Secretary (for Commerce & Economic Development) Edward Yau and he will engage the industry practitioners to assure them of what we are talking about in terms of not undermining national security.

But one has to accept that rights and freedoms, including the freedom of expression, are not without restrictions. The court has ruled on many, many occasions that at the end of the day, some of these individual rights and freedoms have to be restrained by law in order to have a civilised society, in order to have a safe city. It is a matter of striking the needed balance between respecting creative freedom on the one hand, and safeguarding national security and safety of Hong Kong on the other hand.

(To watch the full media session with sign language interpretation, click here.)

Chief Executive Carrie Lam said today the amended film censorship guidelines may have caused some anxiety amongst film industry practitioners and the Government will boost communication with them.

Ahead of the Executive Council meeting, Mrs Lam said she supports updating the guidelines to provide clearer instructions for censors.

“Previously, there was not a very clear condition or requirement about national security. But we cannot take (it) for granted (as) there is a piece of legislation called the National Security Law.

“Apart from enforcing this piece of national and Hong Kong legislation to deal with the four types of offences that undermine national security, there are several very relevant provisions or articles in the National Security Law that require almost every department, every individual and every organisation not to do things that will undermine national security and harm the interest of a nation including subverting the central government and also the Hong Kong Special Administrative Region Government.

“So I support the Secretary for Commerce & Economic Development (SCED) in updating the guidelines for censors to build in this condition. Otherwise my censor colleagues - they are all civil servants - will not be alerted to this requirement in discharging their duties, which is very unhelpful.

“So the SCED has acted in accordance with the law in discharging his duty in respect of the Film Censorship Ordinance.”

She said the commerce chief will communicate with the industry on the amended guidelines to dispel their concerns.

“I did admit that it has perhaps caused some anxiety amongst the film industry practitioners and also from the legislator representing the cultural sector, that is Ma Fung-kwok. So I spoke to Secretary (for Commerce & Economic Development) Edward Yau and he will engage the industry practitioners to assure them of what we are talking about in terms of not undermining national security.

“But one has to accept that rights and freedoms, including the freedom of expression, are not without restrictions.

“The court has ruled on many, many occasions that at the end of the day, some of these individual rights and freedoms have to be restrained by law in order to have a civilised society, in order to have a safe city.

“It is a matter of striking the needed balance between respecting creative freedom on the one hand, and safeguarding national security and safety of Hong Kong on the other hand,” Mrs Lam added.