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Furthermore, the Official Secrets Bill is a localising Bill, not a law reform exercise. It would thus be inappropriate to include such defences in the Bill. Ultimately, it would be for the courts to decide whether an offence has been committed under the Bill and, if so, what penalties might be appropriate in all the circumstances.

Evidence of prior disclosure will be relevant in deciding whether a particular disclosure does, in fact, cause harm of a kind specified in the legislation. Where there has been a prior disclosure it will be open for a defendant to argue that the disclosure, which is the subject of the prosecution, has done no further harm. This may not always be the case, however, as there may be circumstances in which the timing and placing of a fresh disclosure may cause harm which an earlier disclosure had not. That is why the Bill leaves the matter of prior disclosure to the courts to decide, rather than creating a blanket defence.

We have consulted the Chinese side, through the Sino-British Joint Liaison Group, on our proposals to localise the Official Secrets Acts. The Chinese side have agreed that the localising legislation should proceed.

Thank you, Mr President.

End

Government Rent (Assessment and Collection) Bill

Following is the speech by the Secretary for Planning, Environment and Lands, Mr Bowen Leung, in moving the second reading of the Government Rent (Assessment and Collection) Bill in the Legislative Council today (Wednesday):

Mr President,

I move the second reading of the Government Rent (Assessment and Collection) Bill.

The Bill does not introduce a new Government policy. Its main purpose is to implement Annex III to the Sino-British Joint Declaration (JD). The requirement to pay new Government rents was publicised when the JD was signed, and subsequently made known to property owners when their non-renewable leases were renewed, or when they were granted new leases. These leases include those in the New Territories (including New Kowloon), which would expire on 27 June 1997 had they not been extended to 30 June 2047 under the New Territories Leases (Extension) Ordinance, and those special purpose leases which the Government has granted or extended with a provision requiring the payment of ground rent on similar terms. It should be noted that no premium is charged upon the extension of the leases concerned.