TNAG-2556-FCO40-3731-Hong-Kong-Bill-of-Rights-Societies-(Amendment)-Bill-1992-1992 — Page 71

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therefore established to insulate the six Ordinances from

challenge, until they could be reviewed, and necessary

amendments made.

4. The Societies Ordinance is one of these six. It is the

most sensitive vis a vis the Chinese because it provides HKG

with its (pretty draconian) powers to ban political parties and groups.

The Chinese are likely to see any significant

weakening of these powers as opening the way for Hong Kong

to become a base for subversion against China.

5. Despite the risk of a row with China, the Hong Kong

Government have in practice no alternative but to amend the

Societies Ordinance to bring it into line with the BOR.

Otherwise, when the freeze period expires on 8 June, some of

the provisions are likely to be struck down by the Courts,

amid maximum embarrassment.

6. Earlier in the year, Ministers decided that the question of whether to brief the Chinese in advance of

publication of amendments to each of the six Ordinances

should be decided case by case. There is no requirement to

have Chinese agreement: we would argue that legislative

changes of this kind are part and parcel of administering

Hong Kong up to 1997. But a row, and Chinese statements

that they would reintroduce the old powers from 1997, would

not be good for stability. So in each case we have made a

judgement as to whether the changes in a given Ordinance were so minor as to not make it worth explaining to the Chinese in advance, or significant enough to make it work, worth

giving them the background in the hope of heading off

ill-informed, kneejerk reactions. Ministers decided that

the Societies Ordinance was sensitive enough to make it worth emphasising to them the powers that would be retained.

ALKADJ/2

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