CONFIDENTIAL
133407
MDLIAN 5662
CONCERNS ARE INVOLVED. THEY HAVE SAID THAT NATIONAL SECURITY IS THE EXCLUSIVE RESPONSIBILITY OF THE EXECUTIVE AND IS THUS A NON- JUSTICIABLE QUESTION. ON THE OTHER HAND, A COURT WOULD PROBABLY REQUIRE SOMETHING MORE THAN A MERE ASSERTION THAT A DECISION IS TAKEN FOR SECURITY REASONS. THERE WOULD NEED TO BE AT LEAST A REFERENCE IN GENERAL TERMS TO THE PARTICULAR AREA OF NATIONAL SECURITY INVOLVED, E.G. RELATIONS WITH ANOTHER STATE.
10. ON CHINA'S GROUPS OF UNOFFICIAL ADVISERS, AS FAR AS WE KNOW, THE GROUP WILL HAVE NO ORGANISATION, HEADQUARTERS, CHIEF PLACE OF BUSINESS, OR OFFICE-BEARERS: NOR IS IT CLEAR THAT THERE WILL BE ANY DEFINITE STATUS OF 'MEMBERSHIP'. THE CURRENT CHINESE LINE IS THAT THESE PEOPLE WILL BE DEALT WITH AS INDIVIDUALS. ACCORDING TO THE PRESENT AND THE AMENDED ORDINANCE, A SOCIETY SHALL BE DEEMED TO BE ESTABLISHED IN HONG KONG, ALTHOUGH IT IS ORGANISED AND HAS IT HEADQUARTERS OR CHIEF PLACE OF BUSINESS OUTSIDE HONG KONG, IF ANY OF ITS OFFICE-BEARERS OR MEMBERS RESIDES IN HONG KONG OR IS PRESENT THEREIN. A 'SOCIETY' MEANS ANY CLUB, COMPANY, PARTNERSHIP OR ASSOCIATION OF PERSONS, WHATEVER THE NATURE OR OBJECTS. IT THEREFORE DEPENDS VERY MUCH ON HOW CHINA FOLLOWS THROUGH THE 'ADVISER' IDEA. IF THE GROUP IS INTENDED TO OPERATE COLLECTIVELY AND MEETS THE DEFINITION OF 'SOCIETY' IN THE AMENDED ORDINANCE, IT WILL BE REQUIRED TO REGISTER UNDER THE PRESENT SYSTEM (UNLESS THE EXECUTIVE DECIDES TO EXEMPT IT FROM THE REQUIREMENTS OF THE ORDINANCE AS WAS THE CASE OF THE BASIC LAW CONSULTATIVE COMMITTEE) AND TO NOTIFY UNDER THE AMENDED ORDINANCE.
1
WILSON
YYYY
MAIN
60
.HONG KONG AGREEMENT
. (RESTRICTED)
LIMITED
HKD
PUSD
HD/FED NEWS D
DISTRIBUTION
64
PLANNERS
RAD
PS/LORD CAITHNESS PS/MR LENNOX-BOYD
SIR J COLES
MR BURNS
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