CONFIDENTIAL
機密
6
Periodic Report (dated 30 October 1989) the repeal of
section 2 of the Official Secrets Act 1911 as a relevant
development regarding implementation of Article 19 of the
ICCPR.
13.
Although U.K. Acts are not usually capable of
being affected by legislation enacted by the Legislative
Council, the Official Secrets Act 1911 is an exception.
This is because the Hong Kong (Legislative Powers) Order in
Council 1989 (a UK Order in Council made under the Hong
Kong Act 1985) empowers the Governor, by and with the
advice and consent of the Legislative Council, to repeal or
amend U.K. legislation which applies to Hong Kong to the
extent required in order to give effect to an international
agreement which applies to Hong Kong. The ICCPR in such
an agreement which applies to Hong Kong and the proposed
Bill of Rights is meant to give effect to the ICCPR at the
domestic level. The result is that the draft Bill of
Rights will, if enacted in its present form, repeal or
amend Section 2 of the Official Secrets Act 1911 just as if
it were a Hong Kong ordinance caught by the draft Bill of
Rights repeal and amendment provisions. In other words,
the Bill of Rights will repeal or trim the effect of
section 2, of the Official Secrets Act 1911, to the extent
of any inconsistencies between the two.
CONFIDENTIAL
機密