TNAG-2286-FCO40-3289-Extension-of-Official-Secrets-Act-1989-to-Hong-Kong-1991 — Page 126

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CONFIDENTIAL

BACKGROUND AND ARGUMENT

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1.

The Official Secrets Acts of 1911, 1920 and 1930

apply to Hong Kong by virtue of provisions within each

Act. The Official Secrets Act 1989 does not apply to Hong

Kong so as to make offences under the Act triable here, but

it may be extended to Hong Kong by an Order in Council.

5.

The Official Secrets Act 1989, a copy of which is

at Annex A, repealed and replaced Section 2 of the 1911 Act

which is copied at Annex 3.

6.

There is little doubt that section 2 of the 1911

Act was widely regarded in the United Kingdom as a

discredited law. Its inadequacies (its catch - all

character, the imposition of penalties on the mere

recipient of information, its obscure drafting, its

antiquated language) and a number of sensational and

largely unsuccessful prosecutions were the subject of

considerable academic and political debate in the United

Kingdom. It was largely against the background of

persistent and heavy criticism that HMG decided to repeal

section 2 and to put in its place alternative provisions

which substantially narrowed the scope of protected

information to that relating to security, intelligence,

defence and international relations.

CONFIDENTIAL

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