TNAG-2443-FCO40-3550-Official-Secrets-Act-1989-(Hong-Kong)-Order-1992-1992 — Page 58

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 necessary exceptions, adaptions and modifications.

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.

رسوم

F Berman