TNAG-2220-FCO40-3188-Future-of-Hong-Kong-Public-Order-Ordinance-1991 — Page 110

CONFIDENTIAL

011715

MDHIAN 5985 ·

AMENDMENTS BE DRAFTED FOR THEIR FURTHER CONSIDERATION. AMENDMENTS IN RESPECT OF ITEMS G. TO I. HAVE BEEN PROPOSED BY THE ADMINISTRATION AFTER THE JULY EXCO METING TO COMPLEMENT THE

EARLIER PROPOSALS.

6. THE CHINESE WILL NOT DOUBT TAKE EXCEPTION TO THE PROPOSED BILL. IN THE CONTEXT OF OUR DISCUSSIONS WITH THEM ON THE BILL OF RIGHTS, THEY HAVE MADE CLEAR THAT THEY DO NOT WANT TO SEE LIBERALISATION OF PUBLIC ORDER LEGISLATION BETWEEN NOW AN D1997. NCNA COMPLAIN ABOUT ALL DEMONSTRATIONS HELD WITH ANTI-CHINA THEMES, FREQUENTLY REFERRING TO ARGUMENTS IN THE POO DEALING WITH DEMONSTRATIONS, AND PLACING THESE DEMONSTRATIONS IN THE CONTEXT OF SUBVERSION. THE CHINESE WILL PROBABLY SEE THE PROPOSED AMENDMENTS AS A MOVE BY US TO FACILITATE PUBLIC DEMONSTRATIONS AGAINST THEM, AND INDEED TO UNDERMINE THE INTENT OF ARTICLE 23 OF THE BASIC LAW. 'SUBVERSION' IS ALWAYS A SENSITIVE ISSUE WITH THE CHINESE LEADERSHIP. A BY-PRODUCT OF OUR PROPOSED AMENDMENTS MAY BE THAT CHINESE OPPOSITION TO THE BILL OF RIGHTS IS REINFORCED (EVEN THOUGH THE PROPOSED AMENDMENTS ARE NOT BOR-MOTIVATED). IN

SHORT THE PROPOSED AMENDMENTS WILL AGAIN RAISE THE PROFILE OF THE SUBVERSION ISSUE.

7. DESPITE THIS, WE BELIEVE THAT ON BALANCE THERE IS A PRACTICAL NEED TO INTRODUCE THESE AMENDMENTS IN ORDER TO GIVE THE POLICE

THE FLEXIBILITY AND THE POWER OF CONTROL TO REGULATE EFFECTIVELY PUBLIC MEETINGS AND PROCESSIONS. IF CRITICISED BY THE CHINESE, OUR LINE WILL HAVE TO BE THAT THE AMENDMENTS ARISE FROM A

PRACTICAL NEED AND THERE IS NO HIDDEN POLITICAL AGENDA. AT THE END OF THE DAY, WE MUST DO WHAT IS RIGHT IN LAW AND ORDER TERMS.

8. WE PLAN TO SUBMIT THESE PROPOSAL TO EXCO N 21 MAY AND TO LEGCO ON 12 JUNE 1991, WITH A VIEW TO ENACTMENT WITHIN THE CURRENT LEGISLATIVE SESSION. THE ADDITIONAL NUMBER OF LIBERAL MEMBERS IN THE NEW LEGCO WOULD UNDOUBTEDLY MAKE ENACTMENT MORE DIFFICULT BECAUSE THEY WILL USE THE OPPORTUNITY OF AMENDING THE PRESENT POO TO PRESS FOR A MORE SUBSTANTIAL REVISION OF IT.

FORD

YYYY

4

PAGE

CONFIDENTIAL