CONFIDENTIAL
055560 MDHIAN 7571
(C) POWERS OF HONG KONG AUTHORITIES. A NUMBER OF ORDINANCES (PUBLIC ORDER, POLICE FORCE, EDUCATION) GIVE FAR-REACHING POWERS TO THE HONG KONG AUTHORITIES (E.G. HONG KONG POLICE ENJOY EXTENSIVE POWERS OF CENSORSHPXIP: EDUCATION ORDINANCE DOES NOT ALLOW POLITICAL EDUCATION). IS ANYTHING BEING DONE TO CHANGE THESE POWERS WITH AN
EYE TO THE POSITION AFTER 1997?
THE REFERENCE TO POLITICAL EDUCATION UNDER THE EDUCATION ORDINANCE MUST BE QUALIFIED. OUR CONCLUSION, AS SUPPORTED BY LEGAL ADVICE, IS THAT REGULATION 98 ALLOWS THE DIRECTOR OF EDUCATION TO BAN ACTIVITIES OF A POLITICAL NATURE ONLY IF, IN HIS OPINION, THEY ARE PREJUDICIAL TO THE PUBLIC INTEREST OR THE PUPILS' WELFARE OR EDUCATION GENERALLY: OR IF THEY ARE CONTRARY TO THE APPROVED SYLLABUS. THE LINE WE WOULD SUGGEST IS THAT POWERS OF HK AUTHORITIES ARE CONSTANTLY UNDER REVIEW. THERE ARE A NUMBER OF SOURCES WHERE INITIATIVES COME FROM, MAINLY BY THE LAW REFORM COMMISSION AND THE OMELCO. FOR EXAMPLE, THE LRC IS REVIEWING THE LAW IN RELATION TO LOITERING, BAIL, AND ARREST AND DETENTION. THE EDUCATION ORDINANCE IS ALSO BEING LOOKED AT TO SEE, AMONG OTHER THINGS, WHETHER ITS PROVISIONS REGARDING POLITICAL EDUCATION IS APPROPRIATE IN PRESENT DAY CIRCUMSTANCES. THESE ARE ON GOING REVIEWS ON THE LAWS OF HONG KONG, AND ARE NOT SPECIFICALLY MEANT TO CATER FOR THE POST 1997 SITUATION, BUT CLEARLY THE PRESENT CLIMATE TENDS TO SPEED SUCH REVIEWS.
2. PARA 2 OF FIRST TUR : IT WOULD NOT BE APPROPRIATE TO MAKE ALLEGATIONS OF CHINESE ACTIVITIES WHICH WE CANNOT PUBLICLY SUB- STANTIATE. WE HAVE THEREFORE TO KEEP TO A VERY GENERAL LINE. WE SUGGEST THAT THE ANSWER TO PARA 2(A) SHOULD BE THAT THE CHINESE TAKE AN INTEREST IN DEVELOPMENT IN ALL FIELDS IN HONG KONG, AND TO THIS END THEY MAINTAIN CONTACTS WITH MOST IF NOT ALL OF THE SECTORS IN HONG KONG. WE CANNOT BE SPECIFIC ABOUT THEIR ACTIVITIES, BUT IT IS CLEAR, FOR EXAMPLE THAT IN VIEW OF THE CLOSE ECONOMIC RELATIONSHIP BETWEEN HONG KONG AND CHINA THAT THERE IS A GOOD CHANNEL OF COMMUNICATION BETWEEN THE CHINESE AUTHORITIES AND THE HONG KONG BUSINESSMEN. ON THE OTHER HAND, THE NCNA HAS ALSO ESTABLISHED REGIONAL OR DISTRICT OFFICERS IN ORDER TO MAINTIAN CONTACT WITH THE HONG KONG POPULATION AT GRASSROOT LEVEL, AS WELL AS CONTACTS WITH DB MEMBERS AND OTHER DISTRICT PERSONALITIES. THE ANSWER TO PARA 2(B) IS THAT ALTHOUGH THERE HAVE BEEN CANDIDATES IN THESE ELECTIONS WHO ARE PRC SYMPATHISERS AND WHO HAVE BACKINGS AMONG PRO-PRC UNIONS OR ASSOCIATIONS, THE OFFICIAL PRC ORGANS HAVE NEVER PLAYED ANY ACTIVE PART IN THE ELECTIONS. IT IS IMPOSSIBLE TO PREDICT WHETHER THEY WILL BECOME ACTIVE IN FUTURE ELECTIONS.
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