TNAG-2443-FCO40-3550-Official-Secrets-Act-1989-(Hong-Kong)-Order-1992-1992 — Page 89

HKA 440/

PS/Mr Goodlad

Submission as Slightly amended by Mr. Berman. 30 Attached Order with one manuscript ("1989")

amendment of first page.

p.a. pls

ви

2915

FROM:

Mr Berman

Legal Adviser

DATE:

27 May 1992

CC:

Mr Ricketts, HKD

THE OFFICIAL SECRETS ACT 1989 (HONG KONG) ORDER 1992

PROBLEM

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 Good lad 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 the 1989 Act is

extended to Hong Kong because the old Official Secrets Act of 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 In the United Kingdom section 2 of the Act has been replaced by the Official Secrets Act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.