TNAG-2556-FCO40-3731-Hong-Kong-Bill-of-Rights-Societies-(Amendment)-Bill-1992-1992 — Page 149

CODE 18-77

Miss J Barrett

Legal Advisers

CONFIDENTIAL

Reference

SLATION

HONG KONG: BILL OF RIGHTS: REVIEW OF LEGISLAT N: PROPOSED AMENDMENTS TO SOCIETIES ORDINANCE

(264)

1. I attach copies of Hong Kong telno 148 and Peking telno 90 on proposed amendments to the Societies Ordinance.

2.

This is the first of the contentious Bills to be amended in the light of the Bill of Rights (BOR). There can be little doubt that the Chinese will object.

3. Paragraph 4 of Hong Kong telno 148, which seeks to explain the difference between registration and notification and the penalties which ensue from failure to comply, is clumsily expressed (and apparently confused Peking their paragraph 2 refers). I wonder if we should ask for clarification. of greater importance is Hong Kong telno 90 paragraph 7 which proposed that a society can be banned on "security and public order grounds" if the Executive considers its existance "would seriously damage our relations with a neighbouring country". This does not seem logical to

me.

4.

The proposals for opening consultations with the Chinese after ExCo but before it is put to LegCo will need to be put to Ministers. To me, this seems to be the obvious way to proceed.

submit 5. As I mentioned on the telephone, I would like to meet Ministers early next week. I would be grateful for early comments.

S.D. Hackin

Dr S D Harkin

Hong Kong Department

WH 305

270 3287

23 January 1991

ALMAES

JRB

CONFIDENTIAL

HKC 241/14

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