TNAG-2556-FCO40-3731-Hong-Kong-Bill-of-Rights-Societies-(Amendment)-Bill-1992-1992 — Page 144

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Mr Johaten

031415 MDHIAN 0503

sa

(picheals)

CONFIDENTIAL

HKCC 241/1

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3 ... 1992

TH.

си

TOP COPY Q DIST?

CONFIDENTIAL

FM HONG KONG

TO IMMEDIATE FCO

TELNO 212

OF 24070OZ JANUARY 92

AND TO IMMEDIATE PEKING

-NR

(21

HONG

HONG KONG TELNO 48 AND PEKING TELNO 90: BILL OF RIGHTS: REVIEW OF LEGISLATION: PROPOSED AMENDMENTS TO SOCIETIES ORDINANCE.

PARA 2 OF PEKING TUR RAISES THE QUESTION OF WHAT 'OTHERWISE APPROVED OR REGULATED' MEANS. THERE ARE MANY ORGANISATIONS WHICH ARE REGULATED UNDER OTHER LEGISLATION. E.G. COMPANIES REGISTERED UNDER THE COMPANIES ORDINANCE AND OWNERS' INCORPORATIONS UNDER THE MULTI-STOREY BUILDINGS (OWNERS INCORPORATION) ORDINANCE. THESE BODIES ARE ALREADY EXEMPT FROM THE SOCIETIES ORDINANCE. THERE WILL BE NO CHANGE IN THIS.

2. AS REGARDS WHEN A SOCIETY WOULD BE REGARDED AN UNLAWFUL:

(A) ALL TRIAD SOCIETIES WOULD REMAIN UNLAWFUL WHETHER THEY ARE NOTIFIED TO THE COMMISSIONER OF POLICE OR NOT:

(B) ANY SOCIETY PROHIBITED ON GROUNDS OF SECURITY, PUBLIC ORDER OR PUBLIC SAFETY WOULD ALSO BE UNLAWFUL. A SOCIETY WHICH IS NOT UNLAWFUL ON THE ABOVE GROUNDS WILL NOT BECOME UNLAWFUL SIMPLY THROUGH FAILURE TO NOTIFY IN TIME. BUT FAILURE TO NOTIFY WILL BE AN OFFENCE FOR WHICH THE ORGANISERS CAN BE PROSECUTED.

3. WE CANNOT ACCEPT THE VIEW IN PARA 3 OF PEKING TUR. WE HAVE NEVER ACCEPTED THE CHINESE DEFINITION OF 'SUBVERSION'. WE HAVE NOT/NOT AT ANY STAGE SOUGHT TO SUPPRESS OR BAN LOCAL HONG KONG ORGANISATIONS. (E.G. THE HONG KONG ALLIANCE) OR THEIR ACTIVITIES EVEN WHEN THE CHINESE HAVE DEMANDED WE DO SO. WE HAVE REPEATEDLY MADE IT CLEAR THAT WHILE WE HAVE NO INTENTION (UNDERLINED) OF ALLOWING HONG KONG TO BE TURNED INTO A SUBVERSIVE BASE, ETC. HONG KONG LAW PROTECTS THE RIGHT OF ITS RESIDENTS TO FREEDOM OF EXPRESSION. WE HAVE REFLECTED THIS IN NUMEROUS PUBLIC STATEMENTS ON OUR POLICY DIFFERENTIATING BETWEEN THE RIGHTS OF HONG KONG PEOPLE (WHICH WE WILL FIRMLY UPHOLD) AND ATTEMPTS BY OUTSIDERS TO USE HONG KONG AS A SITE FOR THEIR POLITICAL BATTLES (WHICH WE WILL NOT ALLOW). WE INTEND TO MAINTAIN THIS POLICY. WE DO NOT/NOT

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