CONFIDENTIAL
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CONFIDENTIAL
FM FCO
TO IMMEDIATE HONG KONG
TELNO 2142
OF 1917OOZ OCTOBER 89
INFO PRIORITY PEKING, UKREP JLG HONG KONG
240
247
074367 MDHOAN 5928
YOUR TELNO 3454 AND PEKING TELNO 1841: BASIC LAW: PROVISIONS TO PREVENT FOREIGN INTERFERENCE AND SUBVERSION OF THE CPG
1. WE AGREE WITH THE LINE TO TAKE PRIVATELY IN PARA 8 OF TUR AND THAT WE SHOULD REFRAIN FROM COMMENTING PUBLICLY FOR THE MOMENT. WE NOTE THAT ANDREW WONG'S POINT HAS BEEN PICKED UP QUITE WIDELY
BY THE PRESS.
2. WE SHALL HOWEVER NEED TO KEEP THIS UNDER REVIEW AND BE PREPARED TO TAKE IT UP WITH THE CHINESE IF NECESSARY. SUBJECT TO DEVELOPMENTS (AND INDEED TO WHETHER A LEGAL EXPERTS' MEETING COMES OFF AT ALL), IT MIGHT BE USEFUL FOR FIFOOT TO RAISE THIS WITH SHAO. HE COULD BASE HIMSELF ON THE PRESS REPORTS MENTIONED IN TUR AND REFER TO EARLIER EXCHANGES ON ARTICLE 23. AS YOU WILL RECALL, IN FIFOOT'S LETTER OF 31 OCTOBER, WE GAVE AN OUTLINE OF THE RELEVANT OFFENCES WHICH MIGHT BE INCLUDED IN THE HKSAR LAW ENACTED TO GIVE EFFECT TO WHAT IS NOW ARTICLE 23. THIS WOULD ENABLE US TO TACKLE THE ISSUE WITH THE CHINESE IN A RELATIVELY UNCONFRONTATIONAL WAY. GRATEFUL FOR YOUR VIEWS.
3 FIFOOT HAS ALSO BEEN GIVING WIDER CONSIDERATION TO THE WHOLE QUESTION OF HONG KONG AS A BASE FOR SUBVERSION. HE HAS PRODUCED A MINUTE SETTING OUT SEDITION LAW IN HONG KONG AT PRESENT, THE RELATIONSHIP BETWEEN THAT AND PROVISIONS OF THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS AND OUR OUTLINE OF A SEDITION LAW FOR HONG KONG AFTER 1997. HE ALSO EXPLORES A MORE RADICAL ALTERNATIVE SOLUTION SHOULD THE PROBLEM OVER SUBVERSION ESCALATE TO SUCH A POINT THAT ALL BUSINESS WITH CHINA ON THE BL AND JLG BECOMES IMPOSSIBLE. THIS MINUTE IS BEING FAXED TO YOU (PLEASE PASS TO UKREP JLG) AND SENT BY BAG TO PEKING. WE SHOULD STRESS THAT WE ARE NOT/NOT PROPOSING SUCH A COURSE. BUT WE CONSIDER IT USEFUL TO AIR THESE VIEWS NOW. AGAIN
GRATEFUL FOR YOUR COMMENTS.
MAJOR
YYYY
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