CONFIDENTIAL AND PERSONAL
Mr Paul, HKD
Mr/Paul,
ра
Jubresion
fugio.
9/10.
From:
Paul Fifoot Legal Advisers
Date:
28 September 1990
сс Mr Galsworthy
(47)
HKB 060/1
HKC031 /21
SUBVERSION
1.
RG
A word of caution. Paragraph 6 of FCO telno 1760 says "We realise that the Chinese side find it difficult to understand, but Hong Kong people do enjoy freedom of expression. So long as they do not break the law they have a perfect right to believe that any of our leaders should be overthrown whether it is Mrs Thatcher, Sir David Wilson or The Queen of England. More often than not demonstrations are directed against the British and the Hong Kong Government". Although this is in part stated in terms of belief, it appears to be also somehow relevant to words and demonstrations.
2. There are limits to freedom of speech as regards political aims and demonstrations in the law of Hong Kong, as in the law of England and Wales. Under section 9(1) of the Hong Kong Crimes Ordinance a seditious intention is an intention "to bring into hatred or contempt or to incite disaffection against the person of Her Majesty, or Her heirs or successors or against the Government of Hong Kong or the Government of any other part of Her Majesty's dominions" and "to incite Her Majesty's subjects or inhabitants of Hong Kong to attempt to procure the alternation, otherwise than by lawful means, of any other matter in Hong Kong as by law established". By section 10(1) it is an offence to utter any seditious words or to do or attempt to do any act with a seditious intention.
3. There are provisions in section 9 (2) of the Crimes Ordinance which except from the concept of sedition speeches to show that Her Majesty has been misled or mistaken, pointing out errors or defects in the Government with a view to remedying them or to persuade Her Majesty's subjects or inhabitants of Hong Kong to attempt to procure by lawful means the alteration of any matter in Hong Kong as by law established. But I suspect that "overthrowing The Queen of England" does not come within those exceptions. Hong Kong will have to amend its Crimes Ordinance for 1997 in order to provide an equivalent in respect of Peking.
We should not overstate the case now. It only impinges on our credibility.
4.
4 PFABR
Paul Fifoot
CONFIDENTIAL AND PERSONAL
CONFIDENTIAL
FM HONG KONG
CONFIDENTIAL
HKE OG0/1
To me in
2510.
TOP COPOMPLIAN
Q DIST?
-Mir Furneys: Do you
pa subversion
46
025214
MDLIAN 1622
lead?
TO ROUTINE FCO
TELNO 2807
13 SEP 1990
OF 181111Z SEPTEMBER 90
INFO ROUTINE PEKING
we need to
K. Stone.
Do
take any
action
Ükkenen 24/4.
CHINESE NATIONAL DAY CELEBRATIONS: PLANNED DEMONSTRATIONS
1. FOLLOWING THE LOW-KEY 1989 NATIONAL DAY CELEBRATIONS, THE CHINESE ARE SEEKING TO RESTORE THE STATUS OF THEIR ANNIVERSARY, ESPECIALLY WITH THE ASIAN GAMES TAKING PLACE CURRENTLY IN PEKING. MEANWHILE, LOCAL PRO-DEMOCRACY GROUPS (AND THE TAIWANESE) WISH TO ENSURE THAT 4 JUNE 1989 IS NOT FORGOTTEN. WE EXPECT A NUMBER OF DEMONSTRATIONS. NCNA HAVE SPECIFICALLY REQUESTED SECURITY
MEASURES.
2. THE PRINCIPLE EVENT OF THE NATIONAL DAY CELEBRATIONS WILL BE A RECEPTION HOSTED BY ZHOU NAN ON 28 SEPTEMBER WHICH, AS USUAL, I SHALL ATTEND. THERE WILL ALSO BE PERFORMANCES BY ACROBATIC TROUPES FROM CHINA AT THE HONG KONG CULTURAL CENTRE AND OTHER VENUES IN THE FIRST WEEK OF OCTOBER.
3. WE EXPECT DEMONSTRATIONS TO BE HELD OUTSIDE ALL THE ABOVE EVENTS. THERE WILL ALSO BE A NUMBER OF PRO-DEMOCRACY EXHIBITIONS AND EVENTS, INCLUDING A MARCH FROM VICTORIA PARK TO THE NCNA BUILDING ON 22 SEPTEMBER (THE DAY THE ASIAN GAMES OPEN) AND VARIOUS THEATRICAL EVENTS.
4. THE CHINESE WILL NO DOUBT COMPLAIN ABOUT SOME, IF NOT ALL, OF THESE EVENTS. WE HAVE ASSURED NCNA THAT THE POLICE WILL PROVIDE ADEQUATE COVERAGE TO ENSURE THAT ANY DEMONSTRATIONS ARE KEPT UNDER CONTROL.
WILSON
Mc
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PAGE 1 CONFIDENTIAL
I think No Need for
reply.
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