TNAG-2286-FCO40-3289-Extension-of-Official-Secrets-Act-1989-to-Hong-Kong-1991 — Page 140

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

CONFIDENTIAL

3.

b) Paragraph 17 and 18. It is not clear from the memorandum whether you envisage briefing the Chinese on this proposal. Since you consider that this subject is likely to be sensitive with the Chinese and also to attract wide press interest, we suggest that it would make sense to inform the Chinese in advance. This could be done by Tony Galsworthy at one of his regular JLG lunches: but of course he would need to make clear to Guo that he was being briefed strictly for information only and that the decisions did not have post-1997 implications.

c) Paragraph 18. We suggest that the last sentence of paragraph 18 might not be deployed as it is unnecessary and possibly counterproductive: the Chinese might well respond that post 1997 secrecy laws are likewise none of our business and that they will draft them without consultation with us. We suggest that it would be worth adding in the first sentence after a "at an appropriate time" the following: "and in accordance with principles for consultation over the localisation and adaptation of laws, ".

I note that if the Executive Council agrees that the 1989 Official Secrets Act should be introduced, you propose that this should happen later in the year after the Legislative Council elections. I would be grateful for an indication of your thinking on the timing.

Yours Sincerely Alan Panc

A R Paul

Hong Kong Department

CONFIDENTIAL

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