For information on
9 June 1992
CONFIDENTIAL
HKA 440/1
XCCI(92)33
Copy Faxed
Copy No.
33
Original others Willions
by bag. Qu¬
NOTE FOR EXECUTIVE COUNCIL
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INTRODUCTION
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On 25 February 1992 Members agreed that Her Majesty's Government should be asked to extend the Official Secrets Act 1989 to Hong Kong by Order-in-Council.
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This paper informs Members that the Privy Council has now made the Order, and explains our plans for briefing Legislative Council Members, the media and the Civil Service.
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BACKGROUND
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The Privy Council met on 4 June 1992 and made the Order extending the Official Secrets Act 1989 to Hong Kong. The 1989 Act repeals and replaces section 2 of the Official Secrets Act 1911 thus bringing Hong Kong's official secrets' legislation into line with that of the United Kingdom. The Order will come into force on 30 June 1992. A copy of the draft Order is at the Annex. The printed Order, as made, will be received in due course.
PUBLIC REACTION
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During a motion debate in the Legislative Council on 26 February 1992 on press freedom, the Chief Secretary informed the Council that he expected the 1989 Act to be extended to Hong Kong within a few months. Reaction to this in the media at the time, and subsequently regarding a reply by the Secretary for Security in April to a question in the Legislative Council on offences under Article 23 of the Basic Law (regarding theft of state secrets), was generally moderate. Media reports tended to focus on critical remarks by some Legislative Council Members, civil liberty groups and academics. The English language press gave this subject considerably more coverage than the Chinese language papers.
p.a. pls 15/6
Executive Council