TNAG-1863-FCO40-2643-Future-of-Hong-Kong-Basic-Law-1989 — Page 179

POPABT

Reference....

CONFIDENTIAL

(245

HKB012

RECEIVED IN REGISTRY

- 3 JAN 1990

DESK OFFICER

FROM: Paul Fifoot

DATE: 19 October 1989

REGISTRY

PA

Action Taken

cd:

Mr Gillmore

Mr Paul

Mr McLaren

Ms Major

Mr Edwards

Chancery Reking (by bag)

itk by

GDB НК

fax.

BASIC LAW: HONG KONG "A BASE FOR ACTIVITIES AGAINST THE PEKING

GOVERNMENT"

1.

The Times of 16 October reports NCNA as stating that members of the Standing Committee of the NPC propose adding to the BL

articles:-

a) forbidding "brutal interference" in China's internal affairs, including that of Hong Kong;

b) forbidding using Hong Kong as a base for activities against the Peking Goverment.

(This report is borne out by HK telno 3454). The latter point echoes Ke's public and private accusations of Hong Kong being used

a base for subverting the CPG.

2. We therefore need to consider two separate but connected

issues:

a) the position after 1997 of the law in Hong Kong as respects subversion and sedition in relation to the PRC and the Central

Authorities;

b) the position before 1997 in the law of Hong Kong as respects acts which after 1997 would constitute sedition in relation to

the PRC and the CPG.

CODE 18-77

3.

Before considering these issues, it is necessary to note the present law of Hong Kong as regards offences against the State and

CONFIDENTIAL