PROPOSAL
IE BRITISH SIDE PROPOSES TO INTRODUCE A BILL TO LOCALISE THE PROVISIONS OF THE BIOLOGICAL WEAPONS ACT 1974 AS APPLIED TO
ONG KONG BY THE BIOLOGICAL WEAPONS ACT 1974 (OVERSEAS ERRITORIES) ORDER 1975. THE BILL WILL PROHIBIT THE DEVELOPMENT, RODUCTION, ACQUISITION AND POSSESSION OF ANY BIOLOGICAL AGENT OR OXINS OF A TYPE AND IN A QUANTITY THAT HAS NO JUSTIFICATION FOR ROPHYLACTIC, PROTECTIVE OR OTHER PEACEFUL PURPOSES, OR OF ANY EAPONS, EQUIPMENT OR MEANS OF DELIVERY DESIGNED TO USE IOLOGICAL AGENTS OR TOXINS FOR HOSTILE PURPOSES OR IN ARMED ONFLICT. IT WILL ALSO MAKE ANCILLARY PROVISIONS WITH RESPECT TO OWERS OF SEARCH AND SEIZURE.
IT IS APPROPRIATE THAT THIS PROPOSAL BE THE SUBJECT OF ONSULTATION WITH THE CHINESE SIDE SINCE THE PROPOSED LEGISLATION ILL IMPLEMENT INTERNATIONAL OBLIGATIONS WHICH ARE EXPECTED TO ONTINUE TO APPLY TO THE HONG KONG SPECIAL ADMINISTRATIVE REGION
·FTER 1997. HOWEVER, THE PROPOSED LEGISLATION WILL NOT CONFER ON NY AUTHORITY IN HONG KONG ANY POWERS FORMERLY HELD BY AN UTHORITY IN THE UNITED KINGDOM, NOR WILL IT HAVE ANY EXTRATERRITORIAL EFFECT.
́UTURE ADAPTATION
M
THE PROPOSED LEGISLATION WILL INCLUDE A REFERENCE TO THE TTORNEY GENERAL OF HONG KONG AS THE OFFICER WHOSE CONSENT IS PEQUIRED BEFORE A PROSECUTION CAN BE BROUGHT UNDER THE ORDINANCE. SINCE THE BASIC LAW DOES NOT USE THE TERM ''ATTORNEY GENERAL IT WILL BE NECESSARY AT AN APPROPRIATE STAGE TO ADAPT THIS PROVISION IN ORDER TO BRING IT INTO CONFORMITY WITH THE BASIC LAW. THE BRITISH SIDE WILL CONSULT THE CHINESE SIDE ON THIS POINT NEARER ́0 1997.
ENDS
VILSON
YYYY
ΤΑΙΝ
60
.HONG KONG AGREEMENT
.(RESTRICTED)
LIMITED
HKD
PUSD
HD/FED
NEWS D
PLANNERS
RAD
PS/LORD CAITHNESS
PS/MR LENNOX-BOYD
SIR J COLES
1
1
6
9
25
1
9
3
1
1
1
1
1
MR BURNS
ADDITIONAL
4
MS BARRETT LEGAL ADVISERS
1
MISS BROOKS LEGAL ADVISERS
1
MISS NEVILLE-JONES CAB OFFICE SIR P CRADOCK NO.10
1
1
[HARRIS]