GF 323
CONFIDENTIAL
3
LEGAL AND OTHER POLICY CONSIDERATIONS
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7.
The inadequacies of section 2 of the 1911 Act are
well known in Hong Kong. There is no doubt that, were any
prosecution to be brought under section 2, considerable
public interest, of a highly critical character, would be
aroused. The criticism would be (and it would be
legitimate criticism) that the Attorney General was
employing an out-moded and discredited law, which runs far
wider than is really needed.
8.
Given public concern in Hong Kong over the
possible future use of laws aimed at "subversive"
activities, a prosecution under section 2 of the 1911 Act
would be likely to provoke public anxiety. It would be
noted that this was the first time such a prosecution was
being brought, and there could well be speculation that the
prosecution was being brought to demonstrate that Hong Kong
retains out-moded laws to deal with "subversive" and
"counter-revolutionary" activities, even if the particular
case clearly fell outside those considerations.
would be particularly fierce if the facts were such that
they could not found a prosecution under the Official
Secrets Act 1989. Furthermore, by bringing a prosecution
under section 2 it would be far more difficult to amend or
replace the law in future.
Criticism
CONFIDENTIAL
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