CONFIDENTIAL
065644 MDHOAN 7147
CONFIDENTIAL
FM FCO
TO IMMEDIATE HONG KONG
TELNO 1288
OF 12170OZ JULY 91
דרי
166minr 96
TOP COPY
HKB 440/
Q DIST?
AND TO IMMEDIATE PEKING, UKREP JLG HONG KONG
0
PERSONAL FOR GOVERNOR FROM PAUL, HKD
EXTENSION OF THE 1989 OFFICIAL SECRETS ACT TO HONG KONG
1.
WE ARE PREPARING A SUBMISSION TO MINISTERS TO TAKE FORWARD
THE EXTENSION OF THE 1989 OFFICIAL SECRETS ACT TO HONG KONG BY ORDER-IN-COUNCIL. THE CURRENT PLAN IS THAT THIS ORDER-IN-COUNCIL SHOULD GO TO THE PRIVY COUNCIL MEETING ON 24
JULY SO THAT THE EXTENSION CAN COME INTO EFFECT BEFORE THE NEW LEGISLATIVE COUNCIL SITS. GIVEN THE RECENT AIRPORT AGREEMENT, AND THE PLANNED FLOW OF MINISTERS BETWEEN LONDON AND PEKING, WE ARE BEGINNING TO HAVE RESERVATIONS AS TO WHETHER THIS IS AN APPROPRIATE TIME QUIETLY TO SLIP THROUGH A PIECE OF LEGISLATION WHICH THE CHINESE WILL VIEW AS CONTENTIOUS.
2. IT SHOULD IN THEORY BE POSSIBLE TO KEEP QUIET THE FACT THAT THIS ORDER IS BEING PUT TO THE PRIVY COUNCIL. BUT THE PRESS VERY QUICKLY GOT TO KNOW THAT THE RECENTLY INTRODUCED AMENDMENTS TO THE LETTERS PATENT HAD BEEN DISCUSSED AT THE PRIVY COUNCIL MEETING: WELL BEFORE YOU GAZETTED. IT MIGHT BE EMBARASSING IF THE EXISTENCE OF THIS ORDER BECAME KNOWN DURING A UK MINISTERIAL VISIT TO PEKING.
3.
IT IS NOT CLEAR TO US WHY IT IS ESSENTIAL TO HAVE THIS ORDER THROUGH BEFORE THE NEW LEGCO ELECTIONS. THE COMING INTO EFFECT OF THE EXTENSION IS NOT DEPENDENT ON ANY VOTE IN LEGCO AND WE WOULD HAVE THOUGHT THAT THE REACTION OF LOCAL INTERESTED PERSONS, SUCH AS MARTIN LEE, WOULD BE NO DIFFERENT IN AUGUST AS THEY MIGHT BE IN OCTOBER OR NOVEMBER. WE SHOULD STRESS THAT, IF WE POSTPONED THE ORDER IN COUNCIL, WE SHOULD STILL ENVISAGE THE SAME STRATEGY IE NOT/NOT INFORMING THE CHINESE.
4.
WE SHOULD BE GRATEFUL IF YOU WILL GIVE THIS FURTHER THOUGHT. COMMENTS FROM UKREP JLG AND PEKING WOULD ALSO BE WELCOME. IF YOU STILL WISH TO PROCEED WITH THIS FOR 24 JULY, CAND THE TIMING IS EXTREMELY TIGHT AT THIS END), GRATEFUL FOR VIEWS DESKBY
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