TNAG-2286-FCO40-3289-Extension-of-Official-Secrets-Act-1989-to-Hong-Kong-1991 — Page 71

CONFIDENTIAL B

Attorney General Chambers

MEMO

To Secretary for Security

(Attn. Mr. I Wotherspoon)

From

Ref.

(68) in

AGC DT 6014/26C

Tel. No.

00/ 44/9

Date

5 July 1991

G.F. 730

Your Ref.

dated

in

SCR 1/511/87

Draft Official Secrets act 1989

(Hong Kong) Order 1991

As agreed at yesterday's meeting, I attach

a re-draft of the Schedule to an Order to extend the UK Act to Hong Kong. The changes are

leading

Leave the Article no. blank.

Section 2(2) & (4)

Omit references to the disciplined forces of Hong Kong.

Omit reference to "civil unrest".

Section 4(3)

Expand to include reference to warrants issued under section 3(1) of the Post Office Ordinance (Cap. 98). This makes it an offence to disclose without authority information obtained under such

a warrant.

Section 5(1)(iii)

Read "disclosed" on 1st line.

Section 9

Say "of" (not "for) Hong Kong.

Section 11

Re-number the subsections, as we want the text to be as comprehensible as possible locally.

Section 11(3)

Day

Froceedings may be in the High Court, in the exercise of its criminal jurisdiction, in the District Court, or in a magistrate's court. (No need to define "court" in s.13).

Section 12 (1) & 13

Delete references to disciplined forces.

"

CONFIDENTIAL ##

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