TNAG-2556-FCO40-3731-Hong-Kong-Bill-of-Rights-Societies-(Amendment)-Bill-1992-1992 — Page 129

CONFIDENTIAL

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MDLIAN 5662·

(OTHER THAN A FURTHER PROSECUTION) AGAINST A SOCIETY WHOSE ACTIVITIES WERE LAWFUL BUT THOSE LEADERS STILL DID NOT NOTIFY EVEN AFTER CONVICTION FOR NON-NOTIFICATION.

6.

WE CONFIRM THAT THE AMENDMENT BILL WILL NOT MAKE IT AN OFFENCE TO BE A MEMBER OF AN UNNOTIFIED SOCIETY.

WE INTEND TO REPEAL BOTH SECTIONS 6(2) (C) AND 6(2) (A). THIS IS BECAUSE PROHIBITION ON THE GROUND OF SECURITY, PUBLIC ARDER AND PUBLIC SAFETY ALREADY COVERS THE CONCERN OF SECTION 6(2) (C) ON 'PEACE, WELFARE OR GOOD ORDER'. IN THEORY, ALL SOCIETIES, IRRESPECTIVE OF WHETHER THEY HAVE LINKS WITH OVERSEAS POLITICAL GROUPS OR NOT, ARE SUBJECT TO PROHIBITION ON THESE G ROUNDS. HOWEVER, AS PARA 3 OF OUR SECOND TUR MAKES CLEAR, WE INTEND TO MAINTAIN OUR POLICY DIFFERENTIATING BETWEEN THE RIGHTS OF HONG KONG PEOPLE FOR FREEDOM OF EXPRESSION (WHICH WE WILL UPHOLD) AND ATTEMPTS BY OUTSIDERS (INCLUDING LOCAL SOCIETIES AFFILIATED TO OR CONNECTED WITH OVERSEAS POLITICAL GROUPS) TO USE HONG KONG AS A BASE FOR POLITICAL BATTLES (WHICH WE WILL NOT ALLOW). IT FOLLOWS THEREFORE THAT WE COULD PROHIBIT SOCIETIES AFFILIATED TO OR CONNECTED WITH OVERSEAS POLITICAL GROUPS IF WE CONSIDER THEIR EXISTENCE WOULD SERIOUSLY DAMAGE OUR RELATIONS WITH OTHER STATES WHICH WE REGARD AS CRUCIAL TO HONG KONG'S SECURITY. WE WOULD BE UNLIKELY DO SO FOR TRULY LOCAL SOCIETIES (E.G., THE HONG KONG ALLIANCE).

OUR LEGAL ADVICE IS THAT THE CONCEPT OF 'SECURITY' IS WIDE ENOUGH TO INCLUDE AVOIDING SERIOUS DAMAGE TO RELATIONS WITH OTHER STATES, AT LEAST WHERE THOSE RELATIONS (AS IN THE CASE OF CHINA) ARE CRUCIAL TO HONG KONG'S WELL-BEING. HOWEVER, THE AMENDED ORDINANCE WILL NOT MAKE REFERENCE TO THIS POINT ABOUT DAMAGE TO RELATIONS WITH OTHER STATES. OTHERWISE, THIS WOULD INVITE THE CHINESE TO PRESS FOR LOCAL SOCIETIES WHICH THEY DO NOT LIKE TO BE BANNED, ON THE GROUND THAT THE REASONS FOR PROHIBITION MAKE NO DISTINCTION BETWEEN OVERSEAS AND LOCAL GROUPS. WHEN BRIEFING THE CHINESE, WE WILL EMPHASISE TO THEM THAT THE CHANGE OF LAW WILL CONTINUE TO ALLOW US TO PROHIBIT A SOCIETY WHICH IS AFFILIATED TO FOR CONNECTED WITH AN ORGANISATION OF A POLITICAL NATURE OUTSIDE

HONG KONG WHERE WE JUDGE THAT ITS ACTIVITIES WOULD THREATEN HONG KONG'S SECURITY.

9. ALTHOUGH JUDICIAL REVIEW OF A DECISION TO PROHIBIT A SOCIETY WOULD BE AVAILABLE, OUR ADVICE HERE IS THAT THE COURTS IN THE UK HAVE TAKEN A NARROW VIEW OF THEIR JURISDICTION WHERE SECURITY

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