CONFIDENTIAL
XCCI(92)33
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The OMELCO Panel on Constitutional Development has taken an active interest in the subject and some Legislative Council Members have expressed reservations that as the 1989 Act will cease to apply after 1997 and would have to be localised if similar provisions were to continue, local legislation should be introduced, instead of simply extending a piece of United Kingdom legislation to Hong Kong. Some have criticised the extension as a way of avoiding scrutiny of the legislation by the Legislative Council. Others have focused on the absence of a “public interest" defence clause in the Act, which they see as a reasonable protection for investigative journalism and those who expose abuses in government. And others have tried to link their demands for freedom of information legislation with criticism of official secrets legislation, asserting (incorrectly in our opinion) that the latter is not compatible with Article 16 of the Hong Kong Bill of Rights Ordinance regarding freedom of opinion and expression, or (correctly) that it is not subject to it, as it is United Kingdom legislation.
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We may also be accused of emphasising the liberalisation aspects of the 1989 Act and not volunteering the fact, unless pressed, that prosecutions are more likely to succeed than at present. Critics would say that this would deter attempts to expose official wrongdoing, contrary to our stated policy of open government.
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We therefore expect some criticism of the extension of the 1989 Act to Hong Kong. We do not expect the general public to take much interest in the matter.
PUBLICITY
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We will issue a briefing note to Legislative Council Members at 2.00 p.m. today, though this will not include a copy of the draft Order, as the final printed Order will be gazetted in English and Chinese after its receipt. We will therefore not produce a Legislative Council Brief on this Note. If required, we will also brief the OMELCO Security Panel and Constitutional Development Panel at their next scheduled meetings.
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We will issue a press release at 3.00 p.m. today to be followed by a media briefing conducted by representatives from Security Branch and the Attorney General's Chambers. A spokesman will be available to deal with subsequent enquiries.