GF 323
CONFIDENTIAL #2
7
f(1) As currently drafted section 3(2) of the Bill of
Rights provides that all pre-existing legislation that does
not admit of a construction consistent with this Ordinance
is, to the extent of its inconsistency, repealed.
TIMING OF LOCALISATION OF SECRETS-RELATED LEGISLATION
14.
When Members considered XCX (86) 234 on 16 December
1986 they noted that 1994 was proposed as the target date
by. which all UK enactments, presently applying as law in
Hong Kong and required after 1997, should be localised.
Within this framework we intend to provide for the
localisation of all secrets-related legislation, and the
adaptation of offences such as treason and sedition, by a
composite amendment to the Crimes Ordinance.
15.
We have examined the implications of not having
the 1989 Act applied to Hong Kong, and of maintaining the
present legislative status quo until we are ready to
localise all secrets-related legislation as noted above.
Whilst this approach is superficially attractive, in that
it would obviate for the time being the possibility of
adverse reaction from the public or the Chinese, it would
leave us effectively powerless to act against those who
flout the confidentiality entrusted to them.
CONFIDENTIAL
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