TNAG-2286-FCO40-3289-Extension-of-Official-Secrets-Act-1989-to-Hong-Kong-1991 — Page 123

布政司署

香港下亞厘畢道

CONFIDENTIAL

GOVERNMENT SECRETARIAT

LOWER ALBERT ROAD HONG KONG

本署檔號 Our Ref.: (65) in SCR 1/511/87

來函檔號 Your Ref.:

KEMON

σ

A.R. Paul Esq.

Hong Kong Department

18 April 1991

HKB 440/

Foreign & Commonwealth Office

King Charles St

JIN HER

London SW1A 2AH

Dan Ala

5

25 APR 1991

SK OFFICER

REGISTY

topt

Action Taken

Official Secrets Act

25/4.

R&R pls.

вн

MrStone

24/4

√24/14

Thank you for the helpful comments in your letter of 4 March 1991 on our proposal to extend the 1989 Official Secrets Act to Hong Kong.

I confirm that, in extending this legislation to Hong Kong by Order-in-Council, we intend that the amendments referred to in para. (2) of your letter above should be repealed, and no longer be of application to the territory.

I comment below on your remarks in respect of the draft Memorandum

(a) Paras 12 and 13: Agreed.

(b)

(c)

Paras 17 and 18: We do not wish to take the initiative in raising this matter with the Chinese, nor do we think there is any need to consult them. This is legislation which, by definition, cannot have effect after 1997 and, even under their own criteria, it will be difficult for them to find a reason why they need to be consulted first. Having discussed this matter with Tony Galsworthy, we would very much prefer to leave it that we shall explain to the Chinese what we are doing if they should ask (as they very well may.)

Paragraph 18: I agree that the last sentence of this paragraph can be deleted. However, I do not propose to include the reference to localisation and adaptation since it is possible to envisage discussions on new laws in line with Article 23 of the Basic Law as a separate JLG item in due

CONFIDENTIAL