CONFIDENTIAL
FM FCO
TO IMMEDIATE HONG KONG
TELNO 766
OF 08160OZ MAY 92
CONFIDENTIAL
HKA 440/1
172414
MDHOAN 4179
TOP COPY Q DIST?
Pa
13
YOUR TELNO 1232: OFFICIAL SECRETS ACT: ORDER IN COUNCIL
1.
WE HAVE NOW FINALISED THE DRAFT ORDER AND ARE SENDING IT BY FAX TO PSGH. THE COPY BEING SENT CONTAINS A NUMBER OF MANUSCRIPT AMENDMENTS WHICH WE HOPE ARE LEGIBLE. WE EXPECT TO HAVE A TYPED COPY IN A WEEK OR SO AND WILL FORWARD IT TO YOU IMMEDIATELY. IN THE MEANTIME, WE SHOULD BE GRATEFUL FOR ANY COMMENTS AS SOON AS POSSIBLE. YOU MAY WISH TO NOTE THE FOLLOWING:
A.
WE HAVE ADDED A NEW SCHEDULE, AS YOU HAVE REQUESTED FOR SOME TIME. WE REMAIN PUZZLED WHY YOU HAVE CONCERNS TO DO WITH GAZETTING AND TRANSLATING GIVEN THAT YOU HAVE NOT MENTIONED THESE PROBLEMS IN PREVIOUS CORRESPONDENCE AND THAT PREVIOUS CASES HAVE BEEN SET OUT IN THE FORM OF AMENDMENTS.
PLEASE CONFIRM WHETHER OR NOT SECTION 4(3) OF THE ACT (SEE BOTH SCHEDULES) REFLECTS YOUR REQUIREMENTS. THIS AMENDMENT REFLECTS YOUR REQUEST IN PARAGRAPH 5 OF HONG KONG TELNO 2236 OF
12 JULY 1991.
C.
YOU WILL NOTE THAT THERE IS A NEW DEFINITION OF ''INTERNATIONAL RELATIONS'. THIS IS INTENDED TO OVERCOME THE PROBLEM THAT, WHILE HONG KONG DOES NOT/NOT HAVE INTERNATIONAL RELATIONS AS SUCH (THE UK IS RESPONSIBLE FOR YOUR INTERNATIONAL RELATIONS) HONG KONG HAS BEEN ENTRUSTED WITH ENTERING INTO TREATIES IN A NUMBER OF FIELDS AND AS A MEMBER OF VARIOUS INTERNATIONAL ORGANISATIONS INCLUDING THE GATT. YOUR PRESENT DEFINITION IS UNACCEPTABLE BECAUSE IT REFERS TO HONG KONG'S INTERNATIONAL RELATIONS WITH ANOTHER TERRITORY OR STATE OR INTERNATIONAL ORGANISATION. THE NEW DEFINITION ALSO COVERS RELATIONS BETWEEN THE UK AND HONG KONG WHICH, IT WOULD SEEM, SHOULD BE COVERED AND HAVE NOT BEEN COVERED UP TO NOW. D. WE CONTINUE TO CONSIDER THAT YOUR DEFINITION OF ''INTERNATIONAL ORGANISATION'' IN SECTION 13(1) IS CAPABLE OF INCLUDING AN ORGANISATION OF WHICH ONLY TERRITORIES ARE MEMBERS. THE RELEVANT PART OF THE DEFINITION READS ''AN ORGANISATION OF WHICH ONLY STATES OR TERRITORIES ARE MEMBERS
THERE ARE NO/NO ORGANISATIONS OF WHICH ONLY TERRITORIES ARE MEMBERS. WE HAVE AMENDED THE DEFINITION AND MADE A CONSEQUENTIAL CHANGE TO
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