TNAG-2286-FCO40-3289-Extension-of-Official-Secrets-Act-1989-to-Hong-Kong-1991 — Page 151

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Periodic Report (dated 30 October 1989) the repeal of

section 2 of the Official Secrets Act 1911 as a relevant

development regarding implementation of Article 19 of the

ICCPR.

13.

Although U.K. Acts are not usually capable of

being affected by legislation enacted by the Legislative

Council, the Official Secrets Act 1911 is an exception.

This is because the Hong Kong (Legislative Powers) Order in

Council 1989 (a UK Order in Council made under the Hong

Kong Act 1985) empowers the Governor, by and with the

advice and consent of the Legislative Council, to repeal or

amend U.K. legislation which applies to Hong Kong to the

extent required in order to give effect to an international

agreement which applies to Hong Kong. The ICCPR in such

an agreement which applies to Hong Kong and the proposed

Bill of Rights is meant to give effect to the ICCPR at the

domestic level. The result is that the draft Bill of

Rights will, if enacted in its present form, repeal or

amend Section 2 of the Official Secrets Act 1911 just as if

it were a Hong Kong ordinance caught by the draft Bill of

Rights repeal and amendment provisions. In other words,

the Bill of Rights will repeal or trim the effect of

section 2, of the Official Secrets Act 1911, to the extent

of any inconsistencies between the two.

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