TNAG-1693-FCO40-2343-Publication-of--Spycatcher--by-Peter-Wright-in-Hong-Kong-1987 — Page 44

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

LEGAL DEPT

346 FUE703

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17.

As to the meaning of 'cause alarm to the public' such

concepts, I suggest, must speak for themselves. Any attempt to

define them would be liable to confuse the position rather than

clarify it. Nor is any further definition necessary. The

concept of 'public alarm' is perfectly well understood as

matter of everyday common sense, and I am quite sure that the

courts would not find a likelihood of causing public alarm proved

except in a very clear case.

Use of Emergency Laws

18.

Another point that has been made is that there is a

provision in the Emergency (Principal) Regulations which is

similar to this proposed new section.

That is quite true, but

the point about those Regulations is that they are not part of

the Law which is normally in force. They are only brought into

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force and then not necessarily the whole of them if a state

of emergency exists.

of emergency indeed.

They contemplate a very, very serious state

'Human Rights' aspect

19.

Mr. Desmond Lee, I think it was, suggested that the

It is proposed new section 27 interferes with human rights. certainly correct that various international conventions on

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