TNAG-2286-FCO40-3289-Extension-of-Official-Secrets-Act-1989-to-Hong-Kong-1991 — Page 54

CONFIDENTIAL

HKB 440/1

Y

10 JUL 1991

CONFIDENTIAL

FM FCO

TO IMMEDIATE HONG KONG

TELNO 1268

OF 09111OZ JULY 91

INFO PRIORITY PEKING, UKREP JLG HONG KONG

053361

MDHOAN 6920

TOP COPY

Q DIST?

FOR SECURITY BRANCH

EXTENSION OF OFFICIAL SECRETS ACT TO HONG KONG

attached.

1.

WE ARE FAXING TO YOU A DRAFT ORDER IN-COUNCIL WHICH OUR LEGAL ADVISERS HAVE PREPARED. WE WOULD BE GRATEFUL FOR ANY

COMMENTS YOU MAY HAVE ON IT. THE DRAFT TAKES ACCOUNT OF THE POINTS MADE IN YOUR FAX OF 5 JULY. YOU WILL HOWEVER NOTICE THAT

THE SCHEDULE TO THE ORDER DIFFERS FROM YOUR ORIGINAL. THIS IS FOR A ''VIRES'' REASON ADVANCED BY THE COUNSEL TO THE SPEAKER OF THE HOUSE OF COMMONS. OUR LEGAL ADVISERS HAVE ALSO HIGHLIGHTED A NUMBER OF OTHER MATTERS WHICH NEED FURTHER CLARIFICATION OR CHANGE. THESE ARE AS FOLLOWS:

A) SECTION 3 (5). THE AMENDMENT HERE REFERS TO HONG KONG'S INTERNATIONAL RELATIONS WITH ANOTHER TERRITORY, STATE OR INTERNATIONAL ORGANISATION. ALTHOUGH HONG KONG HAS AUTONOMY IN TRADE AND COMMERCIAL MATTERS, IT DOES NOT HAVE INTERNATIONAL RELATIONS AS SUCH THIS IS THE RESPONSIBILITY OF HMG. WE WOULD THEREFORE WELCOME YOUR SUGGESTIONS FOR ALTERNATIVE WORDING HERE AND WHERE THE SIMILAR POINT ARISES IN SECTION 6 (1) PARA A) SUB PARAS I AND II) IN CONNECTION WITH INTERNATIONAL RELATIONS AND DEFENCE.

B) GRATEFUL IF YOU COULD CONFIRM THAT SECTION 4 (3) PARA B) AND SECTION 6 (1) PARA B) ARE OMITTED DELIBERATLEY.

C) GRATEFUL FOR YOUR DEFINITION OF CROWN SERVANT'' REFERRED TO IN SECTION 12 (1) PARA A).

D) IN SECTION 13 (1) THE DEFINITION OF ''BRITISH NATIONAL 1 DOES NOT INCLUDE BRITISH SUBJECTS (SEE THE BRITISH NATIONALITY ACT 1981). WHAT IS THE REASON FOR THIS?

E) GRATEFUL IF YOU COULD LOOK AGAIN AT THE DEFINITION OF ''GOVERNOR''. IT INCLUDES ANY PERSON APPOINTED BY HIM TO

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