CONFIDENTIAL
51235 1
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(C)
(D)
B
WE ARE INCLINED TO THINK THAT IT DOES I.E. THAT IT
MEANS MORE THAN ABSENCE OF DISORDER, AND INCLUDES THE
PREVENTION OF MEASURES THAT MIGHT PROVOKE PUBLIC
DISAFFECTION OR BE OFFENSIVE TO A SIGNIFICANT SECTOR OF
THE POPULATION.
WE THINK THAT A COMBINATION OF QUOTE PUBLIC ORDER UNQUOTE
AND QUOTE SECURITY UNQUOTE SHOULD BE INVOLVED AS A
JUSTIFICATION.
WE WOULD NOT BE CONFIDENT OF THIS APPROACH.
(E)
4.
ON YOUR PARA 4 OF SECOND TUR, THE ANSWER MUST BE YES, BUT
OUR OBJECTIVE IS TO ENSURE THAT THE LEGISLATION IS ARGUABLY
DEFENSIBLE IN TERMS OF ARTICLE 19. ON PARA 5, WE ARE NOT SURE
HOW OPTIONS (2) OR (3) WOULD EFFECTIVELY SOLVE THE PRESENT
PROBLEM. ON YOUR QUERY AT (3), AGAIN OUR OBJECTIVE MUST BE THE
ASSERTION OF A DEFENSIBLE JUSTIFICATION.
5.
OUR CONCLUSION THEREFORE IS THAT WE SHOULD EXPLORE HOW
FAR A CASE CAN BE MADE ON THE BASIS OF PUBLIC ORDER AND SECURITY,
TAKING PARTICULAR ACCOUNT OF HONG KONG'S NEED TO MAINTAIN GOOD
RELATIONS WITH CHINA.
бо
WE NOTE THAT YOU HAVE INCLUDED A DISCUSSION OF THIS ISSUE IN FIFOOT'S VISIT PROGRAMME (11.30AM ON 6 MAY), AND FIFOOT WILL
BE PREPARED TO DEVELOP THESE THOUGHTS IN DISCUSSION WITH YOUR
EXPERTS AT THAT TIME. GRATEFUL IF YOU WOULD ARRANGE FOR COPIES
OF YOUR DRAFT BILL AND ADMINISTRATIVE GUIDELINES TO BE AVAILABLE
FOR FIFOOT ON ARRIVAL.
7.
MEANWHILE, SINCE OUR LEGAL ADVISER SPECIALISING ON HUMAN RIGHTS ISSUES WILL ALSO BE AWAY FROM THE OFFICE OVER THE NEXT FEW DAYS, WE ARE NOT (NOT) SURE THAT IT WOULD BE WORTH THE HONG KONG ATTORNEY GENERAL DISCUSSING THIS WITH US IN ANY DETAIL DURING HIS
UK VISIT. BUT HKD WILL CONTACT HIM AT HIS CHAMBERS ON 1 MAY TO
CONFIRM THE LATEST POSITION.
HOWE
OCMIAN 1235
LIMITED
HKD
FED
INFO DEPT
PS/MR RENTON
MR GILLMORE
MR MCLAREN
COPIES TO:
MR FIFOST
LEGAL ADVISERS
2
CONFIDENTIAL