TNAG-2286-FCO40-3289-Extension-of-Official-Secrets-Act-1989-to-Hong-Kong-1991 — Page 153

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16.

We have not yet raised the question of localising

secrets-related legislation with the Chinese. The

possibility that consultation and discussion is likely to

be protracted underscores the need to have in place now

clear and effective laws governing the communication of

confidential official information. Without the benefit of

appropriate protection against the unauthorised

communication of confidential information, the

Administration would be considerably disadvantaged and

vulnerable in seeking to implement the major political and

structural chances envisaged during the period up to 1997.

One particular area that needs protection is, of course,

our various negotiating positions in the JLG context.

CHINESE REACTION

17.

The Chinese are unlikely to favour the provisions

of the 1989 Act and are likely to react with suspicion to

its application to Hong Kong. They will probably conclude

that its application is designed to restrict their ability

to argue for more draconian provisions either pre- or

post-1997.

18.

In responding, we can point out that the

legislation to be extended will lapse in 1997, and that we

envisage discussions at an appropriate time aimed at

ensuring that the SARG has adequate legislation in place by

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