TNAG-2286-FCO40-3289-Extension-of-Official-Secrets-Act-1989-to-Hong-Kong-1991 — Page 94

Miss Brooks

Legal Advisers

CONFIDENTIAL

Reference

J:

HRD 440 / 1

15

EXTENSION OF 1989 OFFICIAL SECRETS ACT TO HONG KONG

attached.

1. As you know the Hong Kong Government wants to extend this Act by Order in Council to Hong Kong. The Hong Kong Government has also confirmed that it intends to remove the amendments to Section 2 of the 1911 Act in Schedule 1 to the Official Secrets Act 1920 and also Section 9(1) of the 1920 Act (your minute of 25 February to Mr Stone commenting on the draft Exco memorandum on the Act refers).

2.

HKG has now sent us the first draft of the Order-in- Council which has been prepared by the Hong Kong Government Legal Department. They hope to send the final version to us at the end of next week but in the interim would be interested in any comments we may have on this draft.

3. The HKG wish to complete the order-in-Council process by mid-August before the elections to LegCo on 15 September. The Privy Council next meets on 24 July but the Order must be printed and submitted by 18 July. Before this I will also need to submit this matter to Lord Caithness. It would be very useful therefore if you could take a preliminary look at the draft. I would be very grateful for any comments you may

have.

Gill Cogen

соди

GJ Coglin

Hong Kong Department

WH303

270 2652

CODE 18-77

28 June 1991

CC:

Ms Major, HKD

Mr Walford, Legal Executive

WINALA TG

CONFIDENTIAL