CONFIDENTIAL
FM HONG KONG
TO IMMEDIATE FCO TELNO 1350
OF 19090OZ MAY 92
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CONFIDENTIAL
HKA 440/1
TOP COPY Q DIST?
YOUR TELNO 766: OFFICIAL SECRETS ACT: ORDER IN COUNCIL.
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020140
MDHIAN 4490
115
1. TUR AND CLEAN VERSION OF DRAFT ORDER IN COUNCIL FAXED ON 15 MAY REFER. WE HAVE NO COMMENTS ON THE MAIN ORDER EXCEPT THAT WE WELCOME THE ADDITION OF A NEW SCHEDULE 2 WITH THE TEXT OF THE ACT AS APPLIED TO HONG KONG.
2. OUR COMMENTS ON SCHEDULE 1 ARE AS FOLLOWS:
A. SECTION 3
THE 3RD ENTRY WILL NEED AN EXPANDED INSTRUCTION VIZ: ''REPLACE SUBSECTION (5) BY A NEW SUBSECTION (5) WHICH READS ETC.''.
B. SECTION
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THE NEW SUBSECTION SHOULD READ ''(3) THIS SECTION ALSO APPLIES TO ANY INFORMATION OBTAINED BY REASON OF ACTION TAKEN UNDER AN ORDER ISSUED UNDER SECTION 33 OF THE TELECOMMUNICATION ORDINANCE (A), OR UNDER A WARRANT ISSUED UNDER SECTION 13(1) OF THE POST OFFICE ORDINANCE (B), ANY INFORMATION RELATING TO THE OBTAINING OF INFORMATION BY REASON OF SUCH ACTION AND ANY DOCUMENT OR OTHER ARTICLE WHICH IS OR HAS BEEN USED OR HELD FOR USE IN, OR HAS BEEN OBTAINED BY REASON OF ANY SUCH ACTION.
(REFERENCE (A) IS TO CAP.106, (B) TO CAP.98 OF THE LAWS OF HONG KONG.)
(NOTE: (1) THAT THE REFERENCE TO A WARRANT ISSUED UNDER SECTION 13(1) OF THE POST OFFICE ORDINANCE WAS OMITTED IN ERROR FROM NY TELNO 2236 OF 12 JULY 1991 AND (2) THAT QUOTE HELPS FOR USE UNQUOTE SHOULD READ QUOTE HELD FOR USE UNQUOTE)
C. SECTION 12
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IN THE 1ST REFERENCE, THE NEW PARAGRAPH (A) OF SUBSECTION (1) SHOULD FOLLOW OUR CAP.1 DEFINITION OF ''PUBLIC OFFICER'' VIZ. ''ANY PERSON HOLDING AN OFFICE OF EMOLUMENT UNDER THE CROWN IN RIGHT OF THE GOVERNMENT OF HONG KONG, WHETHER SUCH OFFICE BE
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