HKB A40/1
FROM: Miss S Brooks
Legal Counsellor K199 270 3069
DATE: 5 July 1991
Ms Coglin HKD
EXTENSION OF OFFICIAL SECRETS ACT 1989 TO HONG KONG
1. I have prepared a draft Order in Council which I attach, extending the 1989 Act to Hong Kong. I would be most grateful if you would fax this to Hong Kong for their comments. It takes account of the points made by Hong Kong in their second fax of 5 July. I would be most grateful if you would be kind enough to prepare a telegram to Hong Kong which incorporates my comments below.
Hong
2. Section 3 subsection (5). The problem with the amendment here is that it refers to Hong Kong's international relations with another territory or a State or an international organisation. But it is the United Kingdom which is responsible for Hong Kong's international relations. Kong has contacts with other territories and with States or international organisations but not international relations. The exception is in trade and commercial matters where Hong Kong has autonomy. I would welcome the Hong Kong Government's further drafting suggestions. A similar point arises in section 6 subsection (1) paragraph a) sub paragraphs i) and ii) in connection with international relations and defence.
3.
Please ask Hong Kong to confirm that section 4 subsection 3 paragraph b) and section 6 subsection 1 paragraph b) are omitted deliberately.
4. Please request Hong Kong to explain their definition of "Crown servant" referred to in section 12 subsection 1 paragraph (a).
5.
In the definition of "British national" in section 13(1) British subjects (see the British Nationality Act 1981) are not included. Please ask Hong Kong whether this is accidental or deliberate.
6.
Please ask Hong Kong to look again at the definition of "Governor". It includes any person appointed by him to perform any of his functions under the Official Secrets Act 1989 as extended to Hong Kong. Is this intended to cover only a Deputy Governor (Article XVIIA of the Letters Patent)? What about an Acting Governor (Article XVII of the Letters Patent)? Should he be included or does Hong Kong consider this to be unnecessary?
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