CONFIDENTIAL
機密
J
Issue
16
Objective/explanation
Present status/progress
China
interest*
UK
interest*
Secretary for Security (Cont'd)
The Official
Secrets Act
Section 2 of the 1911 Act infringes the International Covenant on Civil and Political Rights. This has been replaced in the UK by the Official Secrets Act of 1989. Whilst the new UK Act does not remove all objections it can be argued that its provisions are necessary for the protection of national security and public order. However, application of the 1989 Act to Hong Kong is not a satisfactory solution because under article 23 of the draft Basic law, Hong Kong will require to enact laws on its own to prohibit treason, sedition,
secession and theft of state secrets. Replacement of the Official Secrets Act must be effected by local legislation, probably by an amendment to the Crimes Ordinance (Cap. 200).
A working group is to consider all these aspects. This group will also look at the Tele-communications Ordinance and the Crime Ordinance and will aim to provide recommendations for dealing with all these subjects before the middle of next year.
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CONFIDENTIAL
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