TNAG-2286-FCO40-3289-Extension-of-Official-Secrets-Act-1989-to-Hong-Kong-1991 — Page 118

Ms Major

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16 JUL 1YY!

HUMAN RIGHTS COMMITTEE EXAMINATION: OFFICIAL SECRETS ACT 1988

You asked for a note on where we stood vis’a’vis the extension of the Official Secrets Act 1988 to Hong Kong.

1.

2. The Executive Council have now approved that the Official Secrets Act should be extended to Hong Kong by order in council. (Incédentially Hong Kong reckons that this is a 1989 Act not a 1988 Act). There are two main reasons for this: firstly section 2 of the 1911 Act is now widely regarded as discredited; and secondly that it is probably inconsistent with Article 19 of the ICCPR. Hong Kong see no practical difficulties in introducing the 1989 Official Secrets Act, the only possible difficulties arise because of political sensitivity from the Chinese. We have decided not to inform the Chinese in advance and hope that the introduction will not prove controversial.

3.

Hong Kong are now preparing a draft Order-in-Council for us which they hope we will take forward in about August. Hong Kong have asked whether we are in the process of applying the 1989 Act to other dependent territories and whether this could cause complications. I have spoken with WIAD who have not even heard of the subject: but you might bear this in mind during your meeting. It is not clear to me what the complications could be but we do owe Hong Kong a reply on this aspect.

им

Will.

M Stone

CODE 18-77

5 June 1991

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CONFIDENTIAL