TNAG-2220-FCO40-3188-Future-of-Hong-Kong-Public-Order-Ordinance-1991 — Page 72

CONFIDENTIAL

FM HONG KONG

TO IMMEDIATE F CO

TELNO 3333

OF 24095OZ OCTOBER 91

CONFIDENTIAL

Аб рефе

centred

INFO IMMEDIATE PEKING, UKREP JLG HONG KONG

HKB 012/3

21

075746

MDHIAN 8936

YOUR TELNO 1883: PUBLIC ORDER ORDINANCE

1.

WE HAVE ALWAYS BEEN CLEAR THAT THE CHINESE ARE NOT GOING TO LIKE THIS BILL. IN THE CONTEXT OF OUR DISCUSSIONS WITH THEM ON THE BILL OF RIGHTS, THEY MADE VERY CLEAR THAT THEY DO NOT WANT TO SEE LIBERALISATION OF PUBLIC ORDER LEGISLATION BETWEEN NOW AND 1997. THEY WILL SEE THE PROPOSED AMENDMENTS TO THE PUBLIC ORDER ORDINANCE AS A DELIBERATE MOVE TO FACILITATE PUBLIC DEMONSTRATIONS AGAINST THEM AND TO UNDERMINE THE INTENT OF ARTICLE 23 OF THE BASIC LAW WHICH STIPULATES THAT THE SAR GOVERNMENT SHALL ENACT LAWS TO PREVENT SUBVERSION. A BY-PRODUCT OF THEIR OPPOSITION TO THE PROPOSED AMENDMENTS WILL BE TO REDUCE FURTHER WHATEVER INCLINATIONS THEY MIGHT HAVE TO ALLOW THE BILL OF RIGHTS ORDINANCE TO CONTINUE IN FORCE AFTER 1997.

2.

IT COULD BE ARGUED THAT THE AMENDMENTS TO THE PUBLIC ORDER ORDINANCE ARE LARGELY TECHNICAL MATTERS SINCE OUR CASE IS BASED ON POLICE OPERATIONAL REQUIREMENTS. THUS THE SAR GOVERNMENT COULD MAKE CHANGES IF IT PLEASE: IT WOULD THEREFORE NOT BE NECESSARY TO INFORM THE CHINESE. WE CONTINUE TO THINK ON BALANCE THAT WE SHOULD GIVE THEM NOTICE OF OUR INTENTIONS. THAT WOULD ENABLE US TO AVOID THE ACCUSATION THAT WE HAD SPRUNG ANOTHER SURPRISE ON THEM. IT WOULD ALSO ALLOW US TO PUT ACROSS OUR CASE FOR THE AMENDMENTS.

3. WE CANNOT ARGUE THAT THE CHANGES ARE NECESSARY BECAUSE OF THE BILL OF RIGHTS (AND EVEN IF WE COULD, SUCH AN ARGUMENT WOULD BE TWO-EDGED). ESSENTIALLY, WE HAVE TO BASE OUR CASE FOR THE AMENDMENTS ON THE NEED TO GIVE THE POLICE BOTH THE FLEXIBILITY AND THE POWER TO CONTROL AND TO REGULATE EFFECTIVELY PUBLIC MEETINGS AND PROCESSIONS. WE CAN MAKE THE POINT THAT SOME AREAS OF THE LAW IN ITS PRESENT FORM ARE INAPPROPRIATE TO PRESENT DAY NEEDS AND, UNLESS MODIFIED, COULD LEAD TO HIGH PROFILE AND EMOTIONAL CONFRONTATIONS, AND TO CHALLENGES IN THE COURTS. IT IS FAR BETTER TO BRING IN AMENDMENTS WHICH WILL LEAD TO GENERAL RESPECT FOR THE LAW.

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CONFIDENTIAL