TNAG-2220-FCO40-3188-Future-of-Hong-Kong-Public-Order-Ordinance-1991 — Page 86

CONFIDENTIAL

CONFIDENTIAL

FM HONG KONG

TO DESKBY 311200Z FCO

TELNO 1744

OF 31110OZ MAY 91

INFO

IMMEDIATE PEKING

HKB012/3

Gary

GF

Store *

13

102412

MDHIAN 9116

Pa

*s. TOP COPY

Q DIST?

Tel out.

YOUR TELEGRAM NO. 1009: PUBLIC ORDER ORDINANCE (POO).

1.

4/6.

THE POO WAS ALSO EXCLUDED FROM THE BOR FREEZE PERIOD BECAUSE WE EXPECTED OUR PROPOSED AMENDMENTS TO BE ENACTED THIS SESSION.

2. THE POINT IS THAT, HOWEVER FLEXIBLE THE POLICE ARE, WE CANNOT ASSUME THAT THERE WILL NEVER BE ANY CIRCUMSTANCES IN WHICH THEY WILL NEED TO ENFORCE THE EXISTING LAW. THIS WILL BE PARTICULARLY THE CASE AFTER THE ENACTMENT OF THE BILL OF RIGHTS, WHEN SOME GROUPS WILL WISH TO PROVOKE ITS USE IN ORDER TO GIVE THEM GROUNDS TO CHALLENGE THE COURT. THE AMENDMENTS PROPOSED TO THE POO WOULD SIGNIFICANTLY REDUCE THE POSSIBILITY OF SUCH A CHALLENGE.

3. OUR INTENTION WAS TO INFORM THE CHINESE OF THE PROPOSED AMENDMENTS TO THE POO AFTER/AFTER THE BILL OF RIGHTS IS ENACTED (PARA 3 OF TUR). SINCE THE BILL OF RIGHTS IS SCHEDULED TO BE ENACTED ON 5 JUNE, AND WE PLANNED TO INTRODUCE THE POO AMENDMENTS TO THE LEGISLATIVE COUNCIL ON 26 JUNE, WE WOULD HAVE AMPLE TIME TO DO THIS.

4. IT IS PERFECTLY POSSIBLE TO PREDICT THE POSSIBLE COMPOSITION

OF THE NEW LEGISLATIVE COUNCIL AND THE VIEWS OF THE LIBERALS IN IT (PARA 4 OF TUR). WE ARE IN NO DOUBT BOTH THAT THE LIBERALS WILL HAVE A STRONG VOICE IN THE NEW LEGCO AND THAT, IF GIVEN THE CHANCE, THEY WOULD ATTEMPT TO WIDEN THE DEBATE ON THE AMENDMENTS AND PRESS FOR YET MORE CHANGES TO THE POO.

5. I NOTE THAT MINISTERS REMAIN CONCERNED ABOUT BRINGING THE AMENDMENTS FORWARD AT THIS STAGE. I SUGGEST THAT WE CONSIDER THIS AGAIN WHEN WE ARE CLEARER WHERE WE ARE GOING ON THE AIRPORT. SEEKING EXCO'S ADVICE ON 11 JUNE WOULD STILL ENABLE US TO MEET OUR TIMETABLE.

WILSON

1

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CONFIDENTIAL

Redacted under FOI exemption 27(1)|