CONFIDENTIAL
FM HONG KONG
TO PRIORITY F C O
TELNO 2490
OF 081025Z AUGUST 91
YOUR TELNO 1328:
1.
25
CONFIDENTIAL
Tap cony?
1226 165115
MDLIAN 1581
LIKE 440 /
- 8 AUG 1991
EXTENSION OF OFFICIAL SECRETS ACT TO HONG KONG
OUR LEGAL ADVISERS HAVE NOW STUDIED YOUR COMMENTS ON OUR TELNO 2236. THEIR ITEMISED COMMENTS ARE AS FOLLOWS:
(A)
WE STILL DO NOT UNDERSTAND THE 'VIRES'' PROBLEM. THERE ARE SEVERAL RECENT PRECEDENTS FOR ORDERS IN COUNCIL EXTENDING PROVISIONS OF U.K. ACTS TO HONG KONG BY THE DEVICE OF REPRODUCING THE RELEVANT TEXT IN A SCHEDULE TO THE ORDER. IN EACH CASE, THE ENABLING WORDS WERE IDENTICAL OR SIMILAR TO THOSE USED IN S.15(3) OF THE O.S. ACT 1989
VIZ.
R
''H.M. MAY BY ORDER IN COUNCIL
SHALL EXTEND WITH SUCH
EXCEPTIONS, ADAPTATIONS AND MODIFICATIONS AS MAY BE SPECIFIED ETC. 1 T THREE RECENT EXAMPLES ARE THE REPATRIATION OF PRISONERS (OT) ORDER 1986 (S.I. 1986 NO. 2226) MADE UNDER SECTION 9(4) OF
THE REPATRIATION OF PRISONERS ACT 1984: THE MULTILATERAL
INVESTMENT GUARANTEE AGENCY (OT) ORDER 1988 MADE UNDER SECTION
9(4) OF THE MIGA ACT 1988: AND THE PROTECTION OF TRADING
INTERESTS ACT 1980 (HK) ORDER 1990 (S.I. 1990 NO. 2291) MADE UNDER SECTION 8(8) OF THE PTI ACT 1980.
WHILE IT IS TRUE THAT WE COULD GAZETTE THE TEXT OF THE ACT AS MODIFIED, THIS WOULD BE HIGHLY INCONVENIENT AND WOULD SET AN UNFORTUNATE PRECEDENT. WE SHOULD THEREFORE BE GRATEFUL IF YOU COULD RECONSIDER THIS POINT.
(B)
WITH REGARD TO THE DEFINITION OF INTERNATIONAL RELATIONS ', WE SHARE YOUR CONCERN THAT THERE SHOULD NOT BE ANY MISUNDERSTANDING ABOUT HONG KONG'S INTERNATIONAL STATUS AND THE LIMITATIONS ON ITS CAPACITY TO ENTER INTO INTERNATIONAL RELATIONS IS CLEARLY SET OUT IN THE JOINT DECLARATION, IN THE BASIC LAW AND IN THE CONSTITUT- IONAL DOCUMENTS WHICH AT PRESENT GOVERN HONG KONG KONG. WE DO NOT CONSIDER IT NECESSARY TO SPELL OUT THOSE MATTERS IN THIS LEGISLATION, AND INDEED WE REGARD IT AS
1
PAGE CONFIDENTIAL