SECRET
SECRET
FM HONG KONG
TO IMMEDIATE FCO
TELNO 2854
OF 27120OZ JULY 88
INFO PRIORITY PEKING, UKREP JLG HONG KONG,
596,
625
111041
TOP COPY OST ?MDHIAN 8590
HKB 011
011/3
RF!
27 JUL 1988
X
OUR TELNOS 2770-71 AND YOUR TELNOS 1955-56: BASIC LAW: OFFENCES
AGAINST THE STATE
WE HAVE THE FOLLOWING COMMENTS ON THIRD AND FOURTH TURS:
ON THIRD TUR
(A) ON PARA. 2(A)
(I) FOR REASONS SET OUT IN PARAS. 4(B) AND 6 OF FIRST TUR, IT WOULD BE DESIRABLE, IN REFERRING TO THE OFFICIAL SECRETS ACT IN DISCUSSIONS TO CONFINE OURSELVES TO THOSE PROVISIONS OF THE ACT WHICH ARE LIKELY TO REMAIN UNAFFECTED BY THE PROPOSED REFORM OF THE ACT IN THE UK.
(II) WE HAVE NOT INTENDED TO RAISE DIRECTLY WITH THE CHINESE SIDE
THE QUESTION AS IN THE TERMS OF PARA. 5(B) OF FIRST TUR. OUR OBJECTIVE IS, AS A RESULT OF OUR TWO-PRONGED APPROACH BY A TIGHTEN- ING UP OF THE WORDING OF ART. 22 AND SPECIFYING IN THE BL THOSE NATIONWIDE STATUTES WHICH WOULD NEED TO APPLY IN THE SAR TO SATISFY OURSELVES THAT ART. 22 WOULD NOT BE IMPLEMENTED THROUGH THE APPLICAT-
ION OF NATIONWIDE STATUTES.
(B) ON PARA. 3. WE ASSUME THAT THE CHECKLIST IS FOR OUR OWN REFERENCE AND NOT (NOT) FOR HANDING OVER TO THE CHINESE SIDE. WE REMAIN OF THE VIEW THAT WE SHOULD NOT COMMIT OURSELVES TO ANYTHING IN WRITING, EVEN IF IT IS OF A TENTATIVE NATURE, UNTIL WE HAVE SOUGHT CHINESE VIEWS ON THE SUBJECT (SEE PARA. 4 OF FIRST TUR). OUR DETAILED COMMENTS ON THE TERMS OF THE CHECKLIST ARE SET OUT BELOW.
(C) ON PARA. 4. WE SUGGEST THAT THE EXPRESSIONS 'ACTS OF TREASON, SEDITION AND ESPIONAGE' BE TRANSLATED AS 'PAN GUO XINGWEI, SHANGDONG PANLUAN XINGWEI AND JIANDIE HUODONG''. WE AGREE THAT THE TERM 'JIANDIE HUODONG IS CAPABLE OF BEING INTERPRETED MORE WIDELY THAN ''ESPIONAGE'
11 AND ARE GIVING FURTHER THOUGHT TO AN ALTERNATIVE TRANSLATION. MEANWHILE, WE WOULD WELCOME PEKING'S VIEWS ON THE ABOVE TRANSLATIONS.
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