CONFIDENTIAL

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eking news)

Mr Layden

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Thayden

HONG KONG: CONTROL OF PUBLICATIONS CONSOLIDATION ORDINANCE

1.

O

Hong Kong telno 313 raises a difficult problem. We have still to see comments from Peking. Meanwhile I should record my own immediate reaction that repeal of this ordinance could lead to a damaging argument with the Chinese.

2. My impression is that the problem is one of presentation

Yes. butut rather than substance and that repeal of the ordinance would

really the pout

give no realistic added protection against the abuse of power by the SAR executive. Conversely, if repeal made any significant difference, the Chinese would surely regard themselves as being morally justified in doing whatever would have been possible had the legislation remained in effect. If, because of public controversy in Hong Kong, the Chinese felt they had to take a position, surely there is a risk that they would seek to define, in the terms which they wished, the temporal reference to "laws previously in force in Hong Kong" in Chapter xii of Annex 1 to the Joint Declaration.

3.

I doubt whether the Chinese would be convinced that the

but would arguments in (A) and (B) of Paragraph 5 were our genuine

be able

they

6 say to forestall

fo

reason for wishing to repeal.

In any event, they might well feel that whatever powers Hong Kong needed to control extremist publications in the Cultural Revolution might come in handy again. The more public controversy on this issue there is in Hong Kong, the likelier I feel it is that the Chinese would see this as a classic example of ""public opinion

the coutro very

by repeal? being manipulated by the Hong Kong Government".

Iain (. Im

I C Orr

Far Eastern Department K 258

233 5963

CODE 18-77

AWO Ltd.

7/84

4 February 1986

LKK 30141 RECEIVED IN REGISTRY

12 FEB 1986

DER OFFICER

PA

INDEX

PECISTRY

vation Taken

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