TNAG-2220-FCO40-3188-Future-of-Hong-Kong-Public-Order-Ordinance-1991 — Page 65

CONFIDENTIAL

to enforce in an acceptable way: they could lead to

high-profile and emotional confrontations on the streets of

Hong Kong. The proposed amendments would both make for more effective and flexible policing and bring the POO more closely into line with HMG's International obligations (the

ICCPR). However the timing was delicate for our relations

with China. Hong Kong wanted to get the amendments through

before a new, more liberal Legislative Council was in place.

But this would have made them public just before the

enactment of the Bill of Rights and at a difficult phase in

the airport negotiations, so we eventually persuaded the Governor to defer their introduction, until the new LegCo

session.

B 5. Hong Kong now propose to put the Public Order

(amendment) Bill 1991 to the Executive Council in November

and to introduce it into LegCo in December. As has

been clear throughout,handling may not be easy: the liberals

may well argue that the amendments do not go far enough and that the POO will remain too repressive. But Hong Kong believe this to be manageable.

C, D, E

6.

Hong Kong, Peking and UKREP JLG all agree that, despite

the improvement in the atmosphere since May, the Chinese will probably still dislike the proposed amendments. They

may see them as a liberalisation measure which facilitates

demonstrations against their interests or even as a move to

undermine Article 23 of the Basic Law which stipulates that the SAR will enact laws to prevent subversion. They will study carefully how the LegCo liberals react to the proposals and be suspicious of HKG/LegCo collaboration. we can somewhat reduce the prospects of negative Chinese

reaction by tactful advanced briefing. The Chinese may

still grumble publicly, but they cannot frustrate

But

TICADB/2

CONFIDENTIAL