TNAG-2286-FCO40-3289-Extension-of-Official-Secrets-Act-1989-to-Hong-Kong-1991 — Page 143

CODE 18-77

CONFIDENTIAL

ROFAQV/CVL

(2)

Reference.

Ms Brooks Legal Adviser

Aiante.

HKB 440 /

F 1AD

OFFICIAL SECRETS ACT

1.

Please refer to the attached letter and draft ExCo memorandum proposing the repeat of Section 2 of the Official Secrets Act 1911, as applied to Hong Kong, and its replacement, by Order in Council, by the Official Secrets Act 1989. Hong Kong have asked for our comments/agreement to this course of action.

2.

But

The proposal appears sensible to me. The fact that the 1911 Act is, apparently, useless is telling. The only drawback is the possible Chinese reaction. In accordance with Article 23 of the Basic Law, the SARG will have to have a low dealing with treason, secession, sedition subversion, theft of state secrets etc. since the provision will need to encompass a wide range of anti-Chinese activities, I do not see why the Chinese should link our "watering down" of the Official Secrets Act to this Article.

3.

I should be grateful for any comments you may have.

22 February 1991

cc: Ms Major w/e

Mill ustare.

M V Stone

Hong Kong Department WH311

270 2651

CONFIDENTIAL