TNAG-2286-FCO40-3289-Extension-of-Official-Secrets-Act-1989-to-Hong-Kong-1991 — Page 55

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MDH

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053361

6920

DO

PERFORM ANY OF HIS FUNCTIONS UNDER THE OFFICIAL SECRETS ACT 1989 AS EXTENDED TO HONG KONG. IS THIS INTENDED TO COVER ONLY A DEPUTY GOVERNOR (ARTICLE XVIIA OF THE LETTERS PATENT) QUERY

YOU WISH TO INCLUDE AN ACTING GOVERNOR (ARTICLE XVII OF THE LETTERS PATENT) OR DO YOU THINK THIS IS UNNECESSARY QUERY

T F) THE DEFINITION OF ''INTERNATIONAL ORGANISATION' IN

SECTION 13 (1) AND THE RELATED POINTS IN SUBSECTIONS (2) AND (3) IS PROBLEMATIC. WE ARE NOT AWARE OF ANY INTERNATIONAL

ORGANISATION OF WHICH ONLY TERRITORIES ARE MEMBERS. DO YOU HAVE A PARTICULAR ORGANISATION IN MIND? IF NOT THERE IS NO NEED TO AMEND THE DEFINITION OF 'INTERNATIONAL ORGANISATION'' IN

SECTION 13 (1) OR SUBSECTIONS (2) AND (3).

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G) WE NOTE THAT YOU WISH TO REMOVE THE SQUARE BRACKETS IN SECTION 13 (1). GRATEFUL TO KNOW WHAT CASES YOU ARE TRYING TO COVER (TAIWAN?) BY THE LANGUAGE IN SQUARE BRACKETS.

IN THE

H) WE ASSUME THAT YOUR OMISSION OF 1911

PROVISION ON EXTENT OF REPEAL OF THE 1920 ACT (SEE THE SCHEDULE TO THIS ACT) IS DELIBERATE.

2.

YOU ALSO ASKED FOR OUR COMMENTS ON THE REFERENCE TO HONG KONG PERMANENT RESIDENTS. WE SEE NO DIFFICULTY IN INCLUDING THIS AS HONG KONG PERMANENT RESIDENTS ARE THE NEAREST HONG KONG HAS TO 'NATIONALS'.

3. GRATEFUL TO KNOW WHEN YOU WOULD LIKE THE ORDER TO ENTER INTO FORCE. WE SUGGEST 1 SEPTEMBER 1991.

4.

WE WOULD BE GRATEFUL FOR YOUR URGENT COMMENTS. THE 18 JULY DEADLINE FOR THE PRIVY COUNCIL IS VERY TIGHT AND THERE IS NO OTHER COUNCIL UNTIL AFTER 15 SEPTEMBER.

HURD

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