TNAG-2286-FCO40-3289-Extension-of-Official-Secrets-Act-1989-to-Hong-Kong-1991 — Page 141

Mr Stone

HKD

4

HKB 440/\

FROM: Miss S Brooks

Legal Counsellor 270 3069

K199

DATE: 25 February 1991

OFFICIAL SECRETS ACT

1. I read the draft EXCO memorandum with interest. Section 15 (3) of the Official Secrets Act 1989 enables the Act to be extended to a colony by Order in Council. I can see no objections to the Hong Kong Government's suggestion that Section 2 of the Official Secrets Act 1911 which at present extends to Hong Kong is replaced by the provisions of the Official Secrets Act 1989 which was enacted to replace Section 2 of the 1911 Act. Presumably the Hong Kong Government would also wish the amendments to Section 2 of the 1911 Act which are contained in Schedule 1 to the Official Secrets Act 1920 and also Section 9(1) of the 1920 Act to go as well. At present these also still apply to Hong Kong (Section 16 (5) of the 1989 Act).

2. My only other comment on the draft Memorandum concerns its paragraph 13. I have no quarrel with the substance but it occurs to me that this paragraph waters down the paper. After all, if the Bill of Rights can be considered to "repeal or trim the effect of Section 2 of the Official Secrets Act 1911, to the extent of any inconsistencies between the two", this weakens the case for the course of action the Hong Kong Government are proposing.

Majrajum

lever to nove

4/3

Shelagh Brooks,

S Brooks

Leuter isoned from

Mr Paul to M Wothespan.

pa RM 573