TNAG-2443-FCO40-3550-Official-Secrets-Act-1989-(Hong-Kong)-Order-1992-1992 — Page 140

PS/Mr Good lad

DRAFT

FROM:

Mr Berman

Legal Adviser

DATE:

27 May 1992

Cc:

Mr Ricketts, HKD

THE OFFICIAL SECRETS ACT 1989 (HONG KONG) ORDER 1992

PROBLEM

B

1.

An Order in Council is needed to extend the Official Secrets

Act 1989 to Hong Kong with certain exceptions, adaptations and

modifications. It is not required to be laid before Parliament.

RECOMMENDATION

2.

I recommend that Mr Goodlad should approve the attached draft

Order. If he agrees, he should write the word 'Approved' and sign

his name at the head of the draft Order.

3.

Hong Kong Department concur.

BACKGROUND

4.

The Hong Kong Government have requested that this Act is

extended to Hong Kong because the Official Secrets Act 1911 still

applies to Hong Kong in its entirety. In the United Kingdom section 2 of the Act has been replaced by the Official Secrets Act 1989, the

provisions of which protect more limited classes of official

information. The Hong Kong Government wish to have the 1989 Act

extended to Hong Kong and section 2 of the 1911 Act repealed.