CONFIDENTIAL
HK B 012 13.
STAY
3 OMAY 1991
**CER
NUEX
CONFIDENTIAL
FM HONG KONG
TO IMMEDIATE FCO
TELNO 1673
OF 27101OZ MAY 91
INFO ROUTINE PEKING
ه
10
065125
MDHIAN 8418
- Tel out
TOP COPY
Q DIST?
YRTELNO 968 AND UKREP JLG TELNO 140: PUBLIC ORDER ORDINANCE (POO)
1. I HAVE CONSIDERED THE TIMING OF THE AMENDMENTS CAREFULLY IN
THE LIGHT OF THE POINTS IN TUR.
2 I AGREE THAT OUR PROPOSED TIMING IS NOT IDEAL. BUT WE NEED TO CONSIDER WHAT THE OPTIONS ARE. OUR EXPERTS BELIEVE THAT THERE IS A REAL POSSIBILITY OF A LEGAL CHALLENGE BEING MOUNTED TO THE POO, ONCE THE BILL OF RIGHTS HAS BEEN ENACTED. THEY ALSO BELIEVE THAT THERE IS A REAL POSSIBILITY THAT THE POO WOULD THEN BE STRUCK DOWN BY THE COURTS. IF THIS WERE TO HAPPEN, WE WOULD HAVE TO MOVE QUICKLY TO REVISE THE POO. THIS SEQUENCE OF EVENTS WOULD PUT THE HKG IN A VERY BAD LIGHT. THERE WOULD BE A GREAT DEAL OF UNFAVOURABLE PUBLICITY. WE WOULD HAVE TO INTRODUCE AMENDMENTS IN THE NEW POST-ELECTION LEGCO, WHICH WILL CONTAIN A MAJORITY OF ELECTED MEMBERS. IT WOULD BE A READY MADE ISSUE FOR THE LIBERALS WHO IN ALL PROBABILITY WILL BE WELL REPRESENTED THERE.
3. THIS LATTER POINT WOULD ALSO APPLY IF WE DECIDED TO DELAY OUR PROPOSALS UNTIL AFTER THE ELECTION, EVEN WITHOUT THE STIMULUS OF A OF A COURT CHALLENGE. OUR ASSESSMENT IS THAT IT WOULD BE VERY MUCH HARDER TO GET THROUGH THE LIMITED AMENDMENTS THAT WE ARE PROPOSING. WE WOULD BE UNDER SEVERE PRESSURE TO MAKE MORE FAR REACHING CHANGES, WITH NO GUARANTEE THAT WE COULD RESIST THESE. EVEN IF WE WERE ABLE TO DO THIS, THERE WOULD BE SUBSTANTIAL, WELL PUBLICISED CRITICISM OF GOVERNMENT POLICY ON THE POO. IT WOULD BE VERY SIMILAR TO THE FURORE WHICH ERUPTED OVER THE 'FALSE NEWS' BILL SHORTLY BEFORE MY ARRIVAL IN 1987. THE GOVERNMENT THEN LIBERALISED THE LAWS ON THE CONTROL OF PUBLICATIONS AND CAME UNDER PROLONGED AND DAMAGING ATTACK FOR NOT GOING FURTHER.
4. IF WE WERE ON THE POINT OF REACHING AGREEMENT WITH THE CHINESE ON THE NEW AIRPORT, THE NEED NOT TO ROCK THE BOAT MIGHT OUTWEIGH THE DISADVANTAGES OF DELAY AND TIP THE BALANCE IN FAVOUR OF NOT TAKING ACTION NOW. UNFORTUNATELY, THIS DOES NOT SEEM TO BE THE CASE. I THEREFORE CONCLUDE THAT THE LESSER OF THE TWO
1
PAGE
CONFIDENTIAL