A free press has been one of the cornerstones of the success of Hong Kong. It is an essential ingredient to a free society.

Hong Kong people’s right to a free press and the freedom of expression was guaranteed by local law before 1997 and reaffirmed by Article 27 of the Basic Law which provides that "Hong Kong residents shall have freedom of speech, of the press and of publication."

Article 30 further provides that the freedom of communication of Hong Kong residents shall be protected by law and no department or individual may, on any grounds, infringe upon the freedom of communication of residents.

Article 39 further reaffirms that the provisions of the International Covenant on Civil and Political Right which guarantee freedom of the press and expression shall remain in force and shall be implemented through the laws of the Hong Kong SAR. Such rights and freedom enjoyed by Hong Kong residents shall not be restricted unless as prescribed by law. Such restrictions, however, shall not contravene the provisions of the first paragraph of Article 39.

It follows that a free press is an inalienable right of the people of Hong Kong. Any pressure brought to bear on public media will erode this right contrary to the spirit and intent of the concept of "One Country, Two Systems" and the Basic Law.

In this respect, whether or not there is an urgent need for the Hong Kong SAR to legislate against acts of treason, secession, sedition or subversion against the Central Government under Article 23 is probably not a relevant issue. This is because under Article 160 any local law enacted must not contravene the provisions of the Basic Law including the aforementioned Articles.

It is an everyday occurrence that the media reports or comments on crimes or other political, social or economic conduct which some may find unacceptable or unwise. Such reports or comments do not mean that the media is either advocating or supporting such conduct.

The Bar has full confidence in the objectiveness and independence of the media in Hong Kong. The Bar also believes that an objective and independent press free from political pressure is necessary to the realization of the concept of "One Country, Two Systems."