TNAG-2220-FCO40-3188-Future-of-Hong-Kong-Public-Order-Ordinance-1991 — Page 93

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FM FCO

TO IMMEDIATE HONG KONG

TELNO 968

OF 20170OZ MAY 91

INFO IMMEDIATE UKREP JLG HONG KONG

INFO ROUTINE PEKING

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044444 MDHOAN 3868

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YOUR TELNO 1557 AND UKREP JLG TELNO 140: PUBLIC ORDER ORDINANCE

1. WE SHARE UKREP JLG'S SERIOUS RESERVATIONS ABOUT THE TIMING OF THESE AMENDMENTS. WE DO NOT TAKE ISSUE WITH THE CONTENT OF YOUR PROPOSAL: THE POO AS IT STANDS IS ARGUABLY INCONSISTENT WITH THE ICCPR AND YOUR AMENDMENTS WOULD BRING IT MORE INTO LINE WITH OUR INTERNATIONAL OBLIGATIONS. BUT WE CONTINUE TO BELIEVE THAT THE DISADVANTAGES OF PROCEEDING AS EARLY AS YOU SUGGEST

GREATLY OUTWEIGH THE ADVANTAGES.

2-

WE AGREE THAT THERE WILL PROBABLY NEVER BE A FAVOURABLE TIME TO INTRODUCE THESE AMENDMENTS FROM THE POINT OF VIEW OF THE CHINESE. BUT THERE CAN BE LITTLE DOUBT THAT NOW IS ONE OF THE WORST POSSIBLE MOMENTS. AS UKREP JLG POINT OUT, THE CHINESE WOULD BE AWARE OF THE AMENDMENTS BEFORE THE ENACTMENT OF THE BILL OF RIGHTS SO ALL THE ARGUMENTS IN PARAGRAPHS 2 AND 3 OF MY

TELNO 946 CONTINUE TO APPLY.

3.

YOU MENTION THE REAL OPERATIONAL NEED FOR THESE AMENDMENTS. BUT IN YOUR TELNO 1457 YOU STATE THAT THE POLICE HAD MANAGED THE SITUATION ON THE GROUND IN A FLEXIBLE MANNER. WE WOULD HOPE THAT THEY COULD CONTINUE TO DO SO FOR A MATTER OF MONTHS. AND EVEN IF THE PROPOSED AMENDMENTS ATTRACT MORE DISCUSSION IN A NEW LEGCO WE DOUBT WHETHER THIS WILL ENGENDER MORE CHINESE SUSPICION, OR HAVE MORE FALL-OUT IN OTHER IMPORTANT AREAS, THAN PROCEEDING WITH THE AMENDMENTS IN THIS SESSION OF LEGCO. WE SHOULD THEREFORE BE GRATEFUL IF YOU WOULD RECONSIDER YOUR TIMING.

4. LORD CAITHNESS HAS SEEN THIS TELEGRAM AND FULLY ENDORSES THE

ABOVE.

HURD

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