CONFIDENTIAL
VC
930
166170091
CONFIDENTIAL
FM HONG KONG
TO IMMEDIATE FCO
TELNO 2236
OF 121213Z JULY 91
HKD 440 / i
INFO PRIORITY PEKING, UKREP JLG HONG KONG
TOP COPY Q DIST?
18
19
064276 MDHIAN 5308
YRTELNO 1268: EXTENSION OF OFFICIAL SECRETS ACT TO HONG KONG
OUR LEGAL ADVISERS HAVE STUDIED THE DRAFT ORDER-IN-COUNCIL AND THEIR ITEMISED COMMENTS ARE GIVEN BELOW.
1.
2. WE DO NOT UNDERSTAND THE 'VIRES' PROBLEM TO WHICH YOU REFER, AND WOULD MUCH PREFER THE ORDER TO APPEND THE ADAPTED TEXT OF THE 1989 ACT AS A SCHEDULE. THIS WOULD ENABLE THE PUBLIC IN HONG KONG TO HAVE READY ACCESS TO THIS IMPORTANT PIECE OF LEGISLATION. THERE ARE NUMEROUS PRECEDENTS, THE MOST RECENT BEING THE PROTECTION OF TRADING INTERESTS ACT 1980 CHONG KONG) ORDER 1990 (S.I. 1990 NO 2291). IN ANSWER SERIATIM TO THE MATTERS FOR CLARIFICATION LISTED IN TUR:
(A) WE DO NEED THE DEFINITION OF INTERNATIONAL RELATIONS IN SECTION 3(5) TO INCLUDE THE RELATIONS OF HONG KONG WITH ANOTHER TERRITORY OR STATE OR WITH AN INTERNATIONAL ORGANISATION. DEFINING 'INTERNATIONAL RELATIONS' IN THIS WAY DOES NOT IN OUR VIEW CLAIM MORE AUTONOMY FOR HONG KONG THAN IS PROPER. HONG KONG DOES HAVE OR IS ENTERING INTO RELATIONS WITH OTHER STATES, TERRITORIES AND ORGANISATIONS, NOT NECESSARILY LIMITED TO TRADE AND COMMERCIAL MATTERS. EXAMPLES ARE THE AGREEMENTS IN RESPECT OF AIR SERVICES, DRUG TRAFFICKING AND EXTRADITION. IT IS THOSE INTERESTS WHICH THE ACT IS INTER ALIA INTENDED TO PROTECT.
WITH REGARD TO DEFENCE, THE TERM IS DEFINED IN SECTION 2(4) IN A WAY WHICH DOES NOT ALLEGE THAT HONG KONG HAS DEFENCE INTERESTS SEPARATE FROM THOSE OF THE UNITED KINGDOM. ACCORDINGLY, WE WOULD PREFER TO KEEP THE WORDING IN OUR DRAFT FOR SECTIONS 3(5) AND 6(1).
(B) 4(3)(B) WAS OMITTED DELIBERATELY AS WE HAVE NO EQUIVALENT OF THE SECURITY SERVICE ACT 1989. HOWEVER, SECTION 4(3)(A) SHOULD BE RE-DRAFTED AS INDICATED IN OUR RESPONSE (SEE PARA 5 BELOW) TO SECTION 4 OF YOUR DRAFT ORDER, TO TAKE ACCOUNT OF LOCAL
LEGISLATION.
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