TNAG-2286-FCO40-3289-Extension-of-Official-Secrets-Act-1989-to-Hong-Kong-1991 — Page 39

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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HKE 440/1

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the necessary nitting para I below!

FROM: Miss S Brooks

Legal Counsellor K199 270 3069

Mr. Stone

ר

16/7

DATE: 16 July 1991

19

HKI

EXTENSION OF OFFICIAL SECRETS ACT TO HONG KONG

1.

I refer to Hong Kong telno 2236 of 12 July which arrived on my desk late on Friday afternoon. As you know it contains 3 pages of detailed drafting points. The Hong Kong Government have been exceptionally tiresome about this. Having sat around for 4 months, they issued their drafting instructions in the form of a possible draft Schedule to the Order in Council only this month and have expected us to rush it through at this Privy Council meeting (the last one before 15 September). Time consuming as the preparation of the draft Order in Council is, it is complicated by changes of mind by Hong Kong on matters of drafting. For example, they have changed their minds 3 times on the drafting of Section 11 paragraph 5. It is also made more difficult by points which are frankly wrong, for example, the question of the definition of "international relations"in section 3(5). I was able to discuss that this morning with David Edwards, Law Officer (International Law) Hong Kong and he agreed with me. In the light of all the points made by Hong Kong,it is as well that they have now agreed that the Order need not be made in July.

They

2. My comments on Hong Kong telno 2236 are attached. are adapted for use in a telegram but I suggest we fax them.

easier

Shelaph Brocks

S Brooks

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