TNAG-2220-FCO40-3188-Future-of-Hong-Kong-Public-Order-Ordinance-1991 — Page 69

CONFIDENTIAL

CONFIDENTIAL

FM PEKING

TO IMMEDIATE FCO

TELNO 1817

OF 25095OZ OCTOBER 91

AND TO IMMEDIATE HONG KONG

рус

HKB (12/3

INFO IMMEDIATE UKREP JLG HONG KONG

119

21

22

101112

MDHIAN 9127

TOP COPY

Q DIST ?

F C O TELNO 1883 AND HONG KONG TELNO 3333.

PUBLIC ORDER ORDINANCE.

1.

WE AGREE THAT THE CHINESE MAY REACT TO THE PROPOSED PUBLIC ORDER (AMENDMENT) BILL 1991 BY ACCUSING US OF TURNING HONG KONG INTO A BASE FOR SUBVERTING CHINA AND OF ENCOURAGING ANTI-CPG ACTIVITIES. THIS REACTION WILL BE EXACERBATED BY THE FACT THAT

THE BILL WILL HAVE BEEN PASSED BY THE NEW LEGCO WITH ITS HIGH PROPORTION OF DEMOCRATS HAVING OUTSPOKEN ANTI-CPG VIEWS.

2.

WE DOUBT WHETHER IT WOULD BE POSSIBLE TO TONE DOWN CHINESE CRITICISM VERY MUCH. SPRINGING THIS ON THEM WITHOUT WARNING

WILL CERTAINLY CAUSE THEM TO REACT STRONGLY. INFORMING THE CHINESE IN ADVANCE OF THE PROPOSED AMENDMENTS AND EXPLAINING WHY THESE PARTICULAR AMENDMENTS WERE FELT TO BE NECESSARY IS PROBABLY THE MOST WE CAN DO TO MINIMISE ADVERSE CHINESE COMMENT. BUT THE CHINESE WERE HIGHLY CRITICAL OF THE REVERSAL IN MARCH THIS YEAR OF A LOWER COURT'S DECISION ON THE LOUD-HAILER CASES WHICH WAS A FACTOR IN THE CURRENT REVISION. STATEMENTS BY THE LIBERALS CHONG KONG TELNO 271) THAT THE AMENDMENTS ARE INSUFFICIENT COULD ALSO BE USED WITH THE CHINESE TO DEMONSTRATE THAT THE AMENDMENTS ARE NO MORE THAN HKG DEEMS ABSOLUTELY NECESSARY FOR THE MAINTENANCE OF LAW AND ORDER.

MCLAREN.

YYYY

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CONFIDENTIAL