TNAG-2286-FCO40-3289-Extension-of-Official-Secrets-Act-1989-to-Hong-Kong-1991 — Page 127

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LEGAL AND OTHER POLICY CONSIDERATIONS

7.

The inadequacies of section 2 of the 1911 Act are

well known in Hong Kong. There is no doubt that, were any

prosecution to be brought under section 2, considerable

public interest, of a highly critical character, would be

aroused. The criticism would be (and it would be

legitimate criticism) that the Attorney General was

employing an out-moded and discredited law, which runs far

wider than is really needed.

8.

Given public concern in Hong Kong over the

possible future use of laws aimed at "subversive"

activities, a prosecution under section 2 of the 1911 Act

would be likely to provoke public anxiety. It would be

noted that this was the first time such a prosecution was

being brought, and there could well be speculation that the

prosecution was being brought to demonstrate that Hong Kong

retains out-moded laws to deal with "subversive" and

"counter-revolutionary" activities, even if the particular

case clearly fell outside those considerations. Criticism

would be particularly fierce if the facts were such that

they could not found a prosecution under the Official

Secrets Act 1989. Furthermore, by bringing a prosecution

under section 2 it would be far more difficult to amend or

replace the law in future.

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