TNAG-2556-FCO40-3731-Hong-Kong-Bill-of-Rights-Societies-(Amendment)-Bill-1992-1992 — Page 142

CONFIDENTIAL

FM PEKING

TO IMMEDIATE _FCO

TELNO 90

OF 210821Z JANUARY 92

CONFIDENTIAL

HXC 241/1

INFO IMMEDIATE HONG KONG, UKREP JLG HONG KONG

017460

MDHIAN 9966

TOP COPY Q DIST?

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HONG KONG TELNO 148: BILL OF RIGHTS: REVIEW OF LEGISLATION: PROPOSED AMENDMENTS TO SOCIETIES ORDINANCE

1. WE AGREE THAT THE CHINESE ARE LIKELY TO BE UNHAPPY WITH THE PROPOSED REVISION OF THE SOCIETIES ORDINANCE. THEY WILL OBJECT IN PARTICULAR TO WHAT THEY WILL SEE AS REMOVAL OF THE POWER TO CURB

THE ACTIVITIES OF POLITICALLY SUBVERSIVE GROUPS CONE OF THE

ORIGINAL ORDINANCE'S AIMS).

2. THE NET EFFECT OF THE PROPOSALS IN PARAS 4 AND 5 OF TUR, AS THE CHINESE WOULD SEE IT, WOULD BE THAT THE EXISTING PROVISIONS ON REGISTRATION GIVING THE AUTHORITIES STRICT CONTROL OVER THE ESTABLISHMENT OF SOCIETIES WOULD BE REPLACED BY THE LOOSER PROVISION THAT ONLY SOCIETIES NOT OTHERWISE APPROVED OR REGULATED NEED NOTIFY THE COMMISSIONER OF POLICE (CP) OF THEIR ESTABLISHMENT. MOREOVER, ALTHOUGH FAILURE TO NOTIFY WOULD BE AN OFFENCE, SOCIETIES COMMITTING THIS OFFENCE WOULD NOT NECESSARILY BE REGARDED AS UNLAWFUL. THIS GIVES RISE TO TWO QUESTIONS: (I) WHAT DOES OTHERWISE APPROVED OR REGULATED'' MEAN? AND (II) UNDER WHAT CONDITIONS WOULD SOCIETIES NOT COMPLYING WITH THE NOTIFICATION REQUIREMENT BE REGARDED AS UNLAWFUL?

3.

ALTHOUGH A PROVISION ALLOWING THE OPERATION OF A SOCIETY TO BE PROHIBITED IF THIS WERE CONSIDERED NECESSARY IN THE INTERESTS OF SECURITY, PUBLIC ORDER AND SAFETY (PARA 5 OF TUR) SHOULD IN CHINESE EYES MITIGATE THE LOOSENESS OF THE PROPOSED NEW ORDINANCE, WE AND THE CHINESE HAVE VERY DIFFERENT PERCEPTIONS OF WHAT MIGHT CONSTITUTE THREATS TO SECURITY, PUBLIC ORDER AND PUBLIC SAFETY. OUR PAST RESPONSES TO CHINESE COMPLAINTS ABOUT SUBVERSION WILL LEAD THE CHINESE TO BELIEVE THAT WE WOULD NOT TAKE ANY STEPS TO PREVENT ACTIVITIES OF GROUPS THEY WOULD CONSIDER SUBVERSIVE. THE PROPOSED NOTIFICATION SYSTEM MIGHT WELL PROVIDE ADEQUATE POWERS FOR PROHIBITING UNDESIRABLE SOCIETIES ON GROUNDS OF PUBLIC ORDER AND SECURITY WHERE THESE ACTIVITIES ARE LIKELY TO DAMAGE RELATIONS WITH CHINA, THUS COVERING THE POSSIBLE NEED TO BAN A BRANCH OF AN OVERSEAS POLITICAL GROUP, BUT THE EMPHASIS IS VERY DIFFERENT FROM

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