5.
If local legislation along the lines of the Official Secrets Act 1989 were to be enacted in Hong Kong with the intention that it would survive 30 June 1997, prior consultation with the Chinese would be required. Secrets related information is a sensitive subject with the Chinese. The Hong Kong Government have taken the view that the Chinese would probably wish to retain the more restrictive provisions of section 2 of the 1911 Act which now apply. Accordingly, the Hong Kong Government do not wish to proceed at present with such local legislation, so as to avoid the need to consult. The Hong Kong Government have therefore made the request that the 1989 Act is extended now by Order in Council which is the alternative to enacting local legislation.
6.
The draft Order is made under Section 15(3) of the Official Secrets Act 1989. It extends the Act to Hong Kong with the
exceptions, adaptions and modifications needed because Hong Kong is a colony with laws of its own, its own administration and permanent
residents.
FUTURE ACTION
7.
If approved, arrangements will be made for it to be made at the next meeting of the Privy Council on 4 June 1992.
F Berina n
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Private notes are available after approval.