TNAG-2556-FCO40-3731-Hong-Kong-Bill-of-Rights-Societies-(Amendment)-Bill-1992-1992 — Page 157

CONFIDENTIAL

534

MDLIAN 785

REQUIRING ALL SOCIETIES AND ASSOCIATIONS WHICH ARE NOT OTHERWISE APPROVED OR REGULATED TO NOTIFY CP OF THEIR ESTABLISHMENT NOT LATER THAN 14 DAYS AFTER FORMATION. FAILURE TO NOTIFY WILL BE AN OFFENCE. SOCIETIES WHICH DO NOT COMPLY WITH THE NOTIFICATION REQUIREMENT WILL NOT, HOWEVER, BE REGARDED AS UNLAWFUL AUTOMATICALLY.

5. WE ALSO PROPOSE TO INCLUDE PROVISION TO SEEK THE SECRETARY

FOR SECURITY'S (S FOR S) APPROVAL TO PROHIBIT THE CONTINUED OPERATION OF A SOCIETY, WHETHER NOTIFIED OR NOT, IF HE CONSIDERS IT NECESSARY IN THE INTERESTS OF SECURITY, PUBLIC ORDER AND PUBLIC SAFETY I.E. ON GROUNDS COMPATIBLE WITH ARTICLE 18(2) OF

THE BOR ORDINANCE. SOCIETIES AGGRIEVED BY SUCH A DECISION TO

PROHIBIT MAY APPEAL TO THE GOVERNOR-IN-COUNCIL.

6.

THE PROPOSED NOTIFICATION SYSTEM WILL ALLOW FREEDOM OF ASSOCIATION. ONLY SOCIETIES WHICH PREJUDICE THE SECURITY AND

PUBLIC ORDER OF THE TERRITORY WILL BE PROHIBITED. OUR LEGAL ADVISERS ARE REASONABLY CONFIDENT THAT THE SYSTEM SHOULD WITHSTAND CHALLENGE UNDER THE BOR ORDINANCE.

7.

THE CHINESE ARE LIKELY TO TAKE STRONG EXCEPTION TO THE PROPOSAL TO DELETE THE EXISTING PROVISION IN SECTION 6(2)(A) OF THE ORDINANCE WHICH ALLOWS THE CP, AFTER CONSULTING THE CHIEF SECRETARY, TO REFUSE TO REGISTER A SOCIETY IF HE IS SATISFIED THAT THE SOCIETY IS CONNECTED WITH AN ORGANISATION OF A POLITICAL

NATURE OUTSIDE HONG KONG. THEY WILL SEE THIS AS A RELAXATION OF CONTROL ON SUCH SOCIETIES, AND A DELIBERATE MOVE TO ENCOURAGE

ASSOCIATIONS AND ORGANISATIONS WHICH ARE IN THEIR EYES SUBVERSIVE. THEY MAY REFER US TO ARTICLE 23 OF THE BASIC LAW ON THIS POINT. WE BELIEVE, HOWEVER, THAT THE PROPOSED NOTIFICATION SYSTEM PROVIDES ADEQUATE POWERS FOR THE EXECUTIVE TO PROHIBIT UNDESIRABLE SOCIETIES, INCLUDING THOSE CURRENTLY COVERED BY SECTION 6(2)(A), ON GROUNDS OF SECURITY AND PUBLIC ORDER, WHERE THESE ACTIVITIES ARE LIKELY TO DAMAGE SERIOUSLY OUR RELATIONS WITH CHINA A BRANCH OF AN OVERSEAS POLITICAL GROUP CAN BE BANNED ON SECURITY AND PUBLIC ORDER GROUNDS IF THE EXECUTIVE CONSIDERS THAT ITS EXISTENCE WOULD SERIOUSLY DAMAGE OUR RELATIONS WITH A NEIGHBOURING COUNTRY. WE WILL THEREFORE TELL THE CHINESE THAT THE SAME POWER IS ESSENTIALLY RETAINED UNDER THE REVISED LEGISLATION AS UNDER THE EXISTING LAW IN RELATION TO BRANCHES OF POLITICAL

ORGANISATIONS.

8.

W

OUR TUR PROPOSED THAT WE SHOULD ADOPT A CASE BY CASE

2

PAGE

CONFIDENTIAL