TNAG-2443-FCO40-3550-Official-Secrets-Act-1989-(Hong-Kong)-Order-1992-1992 — Page 253

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CONFIDENTIAL

FM HONG KONG

HKA WHO/I

TO PRIORITY FCO

TELNO 972

OF 020938Z APRIL 92

8

YOUR TELNO 512: OFFICIAL SECRETS ACT 1989: ORDER IN COUNCIL.

1. OUR LEGAL ADVISERS HAVE AGAIN URGED THAT THE ORDER ITSELF SHOULD CONTAIN, IN A SCHEDULE, THE TEXT OF THE ACT AS AMENDED. THEY POINT OUT THAT THERE ARE MANY PRECEDENTS FOR THIS, THE LATEST BEING THE PROTECTION OF TRADING INTERESTS ACT 1980 CHONG KONG) ORDER 1990.

2. IF THE SCHEDULE TO THE ORDER IS TO CONTAIN AMENDMENTS ONLY, WE WOULD NEED TO GAZETTE BOTH THE ORDER AND THE TEXT OF THE ACT SO THAT READERS COULD MATCH UP THE ACT WITH THE ORDER TO PRODUCE THEIR OWN VERSION OF THE ACT AS IT APPLIES TO HONG KONG. WE BELIEVE THAT IT WOULD BE INADVISABLE TO GAZETTE THE ACT AS AMENDED (IF THE SCHEDULE TO THE ORDER ONLY CONTAINS AMENDMENTS) AS THIS WOULD GIVE SUCH A DOCUMENT SPURIOUS AUTHORITY AS IF IT WERE AN IMPERIAL ENACTMENT. THERE IS THE ADDITIONAL POINT THAT WE SHALL NEED TO PRODUCE A CHINESE VERSION OF THE ACT AS IT APPLIES TO HONG KONG, AND IT WOULD BE FAR SIMPLER TO DO THIS BY TRANSLATING A SINGLE ORDER CONTAINING THE ACT AS AMENDED THAN BY HAVING TO TRANSLATE THE ACT AND THE ORDER SEPARATELY.

3. GRATEFUL IF YOU COULD LOOK AGAIN AT HAVING THE ACT AS AMENDED SET OUT IN THE SCHEDULE TO THE ORDER. IF THIS IS NOT POSSIBLE, GRATEFUL FOR YOUR REASONS AS WE MAY NEED TO GIVE AN EXPLANATION.

WILSON

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