TNAG-2286-FCO40-3289-Extension-of-Official-Secrets-Act-1989-to-Hong-Kong-1991 — Page 119

CONFIDENTIAL

FM HONG KONG

TO PRIORITY FCO

TELNO 1517

OF 16090OZ MAY 91

INFO PRIORITY PEKING

CONFIDENTIAL

HKB 440/1

12)

032563

MDLIAN 1354

BATT

GF

1715.

کام

OFFICIAL SECRETS ACTS

1.

WE HAVE NOW COMPLETED

INTERNAL CONSIDERATION OF OUR PROPOSAL

TO REPEAL SECTION 2 OF THE 1911 ACT AND REPLACE IT BY THE 1989 ACT BY ORDER IN COUNCIL.

2 =

WE WILL BE PUTTING TO EXCO ON 28 MAY 1991 THE MEMORANDUM ALREADY SEEN BY HKD. ASSUMING EXCO ADVISE THAT WE PROCEED AS PROPOSED WE SHOULD LIKE TO COMPLETE THE ORDER IN COUNCIL PROCESS BY EARLY AUGUST, WELL BEFORE THE LEGCO ELECTIONS.

3. AS AGREED IN STONE'S LETTER OF 2 MAY 1991, WE SHALL PROVIDE A DRAFT ORDER AND SHOULD BE GRATEFUL TO KNOW WHAT YOUR DEADLINES ARE TO MEET OUR PROPOSED TIMETABLE. WE PRESUME THAT YOU ARE NOT/NOT IN THE PROCESS OF APPLYING THE 1989 ACT TO OTHER DEPENDENT TERRITORIES AND THAT THERE ARE THEREFORE NO COMPLICATIONS IN THIS AREA.

4.

li

ON TIMING, WE DO NOT SEE A PROBLEM OVER LINKAGE WITH THE BOR BECAUSE THE ORDER WILL NOT BE PUBLISHED UNTIL AUGUST 1991. IF THERE WERE TO BE A LEAK, WHICH WE CONSIDER IS UNLIKELY, WE SHALL SAY THAT THIS EXERCISE IS BASED FIRMLY ON PRACTICAL AND LEGAL POLICY GROUNDS.

5.

IT IS OUT INTENTION NOT/NOT TO RAISE THIS ISSUE WITH THE CHINESE. IF QUESTIONED WE SHALL RESPOND, IN THE TERMS OF THE EXCO PAPER, THAT THE 1989 ACT WILL LAPSE IN 1997 AND THAT WE ENVISAGE DISCUSSIONS ON LOCAL LEGISLATION AT AN APPROPRIATE TIME.

WILSON

YYYY

1

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CONFIDENTIAL