Ian Wotherspoon Esq Security Branch
OFFICE OF THE BRITISH SENIOR REPRESENTATIVE.
SINO-BRITISH JOINT LIAISON GROUP HONG KONG
19 March 1991
RIKES 440/1
Jean Jan,
OFFICIAL SECRETS ACT
1. Thank you for your memo of 18 March Ref. SCR 1/511/87 enclosing a copy of Alan Paul's letter of 4 March.
2.
My own view is that it would be a mistake to take the initiative in raising this subject with the Chinese. They would almost certainly interpret that as meaning that in our view this was a subject which the Chinese had a right to discuss. They would find it difficult. I suspect that they would make a meal of it, and probably ask us to postpone any action until they had agreed.
I do not think that there is any need to consult the Chinese. This is legislation which by definition cannot have effect after 1997, and even under their own criteria it will be difficult for
I them to find a reason why they need to be consulted first. should therefore very much prefer not to take the initiative in raising it with them, but to explain to them what we were doing if they should ask (as they very well may).
4.
I don't mind about the amendments proposed by Alan Paul in his para 2(C). I would in fact have no hesitation in taking that line with the Chinese if necessary, but there is no need for it to go into the ExCo paper!
5. As regards the Bill of Rights, my own strong advice is that it would be best to keep the official Secrets Act as well clear of the Bill of Rights as possible and to say as little as you can about it in the ExCo paper. This will cut down the risk of publicity emerging which linked the official Secrets Act in some way to the Bill of Rights, which would certainly cause trouble.
دسل
Guren
Tummy
A C Galsworthy
CONFIDENTIAL
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