We believe the freedom of speech is the foundation of all freedoms. As the Secretary for Home Affairs, my responsibilities in relation to human rights cover two areas. Firstly, I am to protect and promote human rights in Hong Kong as enshrined in the framework of the International Covenant on Civil and Political Rights (ICCPR) and to submit regular reports to the United Nations.

Secondly, I am to build a civil society, maintain civil order and safeguard the rights of Hong Kong people. Insofar as building a civil society is concerned, my goals are to ensure the smooth exchanges of views between the public and the Government and to encourage the expression of opinions by people from all sectors.

Hong Kong residents always have and enjoy freedom of speech and freedom of the press. These freedoms are safeguarded by the law. Article 27 of the Basic Law stipulates that Hong Kong residents shall have freedom of speech and freedom of the press. These freedoms are in fact referred to as the fundamental rights of Hong Kong residents.

Provisions on the protection of freedom of opinion and expression in the ICCPR have also been incorporated into Article 16 of the Hong Kong Bill of Rights Ordinance (Chapter 383, Laws of Hong Kong), the latter governs the provisions in the laws of Hong Kong as well as the acts of the Government or the public authorities. It safeguards the freedoms and rights of the public from unreasonable interference.

Freedom of speech is one of the core values of a civil society. Under the law, everyone can hold any opinion of his/her own free will, has the right to express his/her opinion through any medium and to give or receive ideas and information of all kinds.

Where the freedom of speech comes into conflict with other core values of the society, such as rights and reputations of others, national security, public order or morality, et cetera, the law may provide appropriate restrictions.

As regards freedom of the press, it is Government's policy to maintain an environment conducive to a vibrant press. There are little restrictions and these do not restrain freedom of expression or interfere with editorial independence.

The law only requires local newspapers to register under the Registration of Local Newspapers Ordinance (Chapter 268, Laws of Hong Kong). We will only refuse to register a newspaper if its name is identical with that of another that has already been registered.

HK an international media and information hub

At present there are about 50 newspapers and more than 850 periodicals registered under the Registration of Local Newspapers Ordinance, a fact that testifies to the vibrancy of the press in Hong Kong.

We firmly believe that the public, like the Government, are committed to uphold Hong Kong's status as an international media and information hub.

The Hong Kong Government, like the public at large, greatly values and cherishes the freedoms we enjoy. In fact, freedom of speech and freedom of the press are the cornerstones underpinning Hong Kong's success. They are indispensable to Hong Kong's status as an international city and the continual development of our economy. The Government is committed to safeguarding these rights and freedoms.

In fact, a high degree of freedom of the press and freedom of speech is evident every day. We have a lively press. Local and international newspapers and periodicals are available everywhere. We find newspapers can comment freely on current affairs; radio phone-in programmes continue to comment on Government policy, measures and performance.

Commentators express views daily without restrictions

Harsh criticisms are not uncommon. Current affairs commentators, columnists, journalists, audience and readers of different political views and in different manner continue to freely express their views every day through various channels without any restrictions.

Similarly, Members of the Legislative Council as well as people from all sectors can voice their opinions daily in this Chamber, and views are conveyed to all corners of Hong Kong through the media.

Freedom of the press and freedom of speech are not abstract concepts. They are matters of substance and affect the whole society of Hong Kong. Hong Kong's economic structure is externally oriented. It can only sustain its development through continual interactions with the world.

We need to have a broad vision and an open mind, not only to understand the changes in the world, but also to appreciate different values and to be in harmony with each other for the common good. Owing to this, Hong Kong has been able to build up an extensive network of trade and business services, to establish connections with various countries, ethnic groups and religious communities.

Restricting freedoms would damage economy

It is difficult to imagine how we can broaden our vision without free access to information, a free press and freedom of speech. Restricting our freedoms in these areas means narrowing our vision, damaging our economy. It is pure folly to do such a thing. No one in Hong Kong will do so, neither will the SAR Government.

We are concerned about the recent departure of the radio talk-show hosts. The Chief Executive has already made enquiries specifically with the relevant Central Authorities. The Central Government has clearly expressed that it is its staunch and fundamental policy to safeguard the principle of "one country, two systems", Hong Kong people ruling Hong Kong and a high degree of autonomy.

The Central Government will not do anything to undermine the principle of "one country, two systems" and the interests of Hong Kong. The Central Government also supports the SAR Government to take action to safeguard freedom of speech and freedom of the press in accordance with the law.

Hong Kong upholds the rule of law. The Government will never tolerate any unlawful means that damages the freedom of speech and rule of law, including intimidation, threats, criminal damage or the use of violence to compel submission. Secretary for Security Ambrose Lee has just explained the actions taken by the Security Bureau and the Police in this matter.

Gov't to be cautious in handling inquiry

Members have put forward the suggestion that the government may appoint an independent panel of inquiry to investigate the current incident.

According to the Commissions of Inquiry Ordinance (Chapter 86, Laws of Hong Kong), the government may appoint a commission to inquire into matters of public importance. The commission may summon any person to attend to give evidence under oath. The commission may also require the individual to produce or submit any article or document that can facilitate the investigation.

I believe Members understand that although the government possesses this power, the government will not exercise it rashly, especially when press freedom is concerned. We will be especially cautious in handling the issue of press freedom.

To ensure that the panel of inquiry operates effectively, we must obtain community support and cooperation of the concerned radio talk-show hosts. However, there are various news and media reports with new development of the incident everyday.

Police investigation on the issue is in progress and the community has yet to achieve an identical conclusion on the incident. We should consider carefully that if it is the right time to set up a panel of inquiry now.

Therefore, we better pay heed to the development of the incident and adopt effective measures at the right time.

Stalking law under consideration

I would also like to take this opportunity to mention the Report on Stalking published by the Law Reform Commission. The report basically recommends the creation of an offence against harassment, which is defined as a course of conduct serious enough to cause a person alarm or distress. Home Affairs Bureau agrees that there is a need to criminalise such conduct.

We are taking the legislative proposal through the internal procedures. I believe that if the proposal were to be implemented, it would further protect the rights of the public and the media. Such a law will prohibit unlawful acts that hamper or interfere with freedom of speech and freedom of the press.

Obviously, the recent incident has aroused widespread attention and heated discussions among the public and the media. But, to a certain extent, this underlines a very positive message: The incident proves that Hong Kong remains a plural society with different opinions, that Hong Kong people keenly exercise their right to express opinions.

Although speculations and conjectures abound in the heated discussions, people of Hong Kong have in general remained calm and rational, in the hope of gleaning more information and to get to the truth. All these have reflected well on the quality of Hong Kong people.

Freedom of the press, of speech are realised in daily life

Freedom of the press and freedom of speech are not empty slogans. They affect each and every citizens. They are the rights of the people and are realised in our daily life. I would like to stress once again that we need the concerted efforts of each of us in safeguarding the freedom of speech.

I hope all of us would cherish and prudently exercise our rights and civic responsibilities. When these rights are under threat, we should come forward and contact the Police. It is the responsibility of each of us to protect the freedom of speech and of the press.

The Government will strive to take action in accordance with the law to stop any act that endangers our core values.

Secretary for Home Affairs Dr Patrick Ho gave this address ahead of a motion debate urging the Government to defend freedom of the press and freedom of speech at the Legislative Council.