TNAG-2562-FCO40-3745-Hong-Kong-localisation-of-laws-regarding-biological-weapons-1992 — Page 11

071502Z

COMMENT:

CONFIDENTIAL

-M HONG KONG

TO PRIORITY F C O TELNO 3815

OF 09103OZ DECEMBER 91

ND TO PRIORITY PEKING

INFO PRIORITY UKREP JLG HONG KONG

1

IPT: LOCALISATION OF LAWS:

BIOLOGICAL WEAPONS

THE TEXT OF THE DRAFT CONSULTATION PAPER REFERRED TO IN MIPT IS AS FOLLOWS:

BEGINS

INTRODUCTION

THIS PAPER HAS BEEN PREPARED AS A BASIS FOR CONSULTATION, IN ACCORDANCE WITH THE THREE PRINCIPLES FOR CONSULTATION AGREED AT THE EIGHTH MEETING OF THE SINO-BRITISH JOINT LIAISON GROUP ON THE WAY IN WHICH THE BRITISH SIDE INTENDED TO LOCALISE CERTAIN PROVISIONS IN UNITED KINGDOM ENACTMENTS WHICH APPLY TO HONG KONG. THE ENACTMENT COVERED BY THIS PAPER CONCERNS THE DEVELOPMENT, PRODUCTION, ACQUISITION AND POSSESSION OF CERTAIN BIOLOGICAL AGENTS AND TOXINS AND OF BIOLOGICAL WEAPONS.

BACKGROUND

2.

IN 1972 THE UNITED KINGDOM SIGNED THE CONVENTION ON THE PROHIBITION OF THE DEVELOPMENT, PRODUCTION AND STOCKPILING OF BACTERIOLOGICAL (BIOLOGICAL) AND TOXIN WEAPONS AND ON THEIR DESTRUCTION (''THE CONVENTION''). IN ORDER TO BE ABLE TO RATIFY THE CONVENTION THE UNITED KINGDOM SUBSEQUENTLY ENACTED THE 3IOLOGICAL WEAPONS ACT 1974 (''THE ACT'') WHICH PROHIBITED THE DEVELOPMENT, PRODUCTION, ACQUISITION AND POSSESSION OF CERTAIN BIOLOGICAL AGENTS AND TOXINS AND OF BIOLOGICAL WEAPONS, AND MADE ANCILLARY PROVISIONS WITH RESPECT TO POWERS OF SEARCH ETC.

3. ON 26 MARCH 1975 THE UNITED KINGDOM RATIFIED THE CONVENTION, AND DECLARED THAT RATIFICATION TO BE EFFECTIVE FOR ALL OF ITS OVERSEAS TERRITORIES, INCLUDING HONG KONG. AT THE SAME TIME, IN ORDER TO IMPLEMENT THE CONVENTION IN THE TERRITORIES FOR WHICH IT HAD INTERNATIONAL RESPONSIBILITY, THE UNITED KINGDOM EXTENDED THE ACT TO ALL ITS OVERSEAS TERRITORIES, INCLUDING HONG KONG, BY MEANS OF THE BIOLOGICAL WEAPONS ACT 1974 (OVERSEAS TERRITORIES) ORDER 1975. THE MAIN PROVISIONS OF THE ACT THEREFORE AT PRESENT CONSTITUTE PART OF THE LAW OF HONG KONG, BUT WILL LAPSE ON 30 JUNE 1997 UNLESS LOCALISED.

THE PEOPLE'S REPUBLIC OF CHINA IS A PARTY TO THE CONVENTION, AND AS A SEPARATE EXERCISE, DISCUSSIONS WILL IN DUE COURSE TAKE PLACE IN THE INTERNATIONAL RIGHTS AND OBLIGATIONS SUB-GROUP OF THE JOINT LIAISON GROUP ON THE ACTION TO BE TAKEN BY THE TWO SIDES TO ENSURE THE CONTINUED APPLICATION TO THE HONG KONG SPECIAL ADMINISTRATIVE REGION AFTER 30 JUNE 1997 OF THE INTERNATIONAL RIGHTS AND OBLIGATIONS AFFECTING HONG KONG WHICH ARISE OUT OF THE CONVENTION. MEANWHILE, IT IS APPROPRIATE THAT THEY SHOULD BE IMPLEMENTED IN HONG KONG'S DOMESTIC LAW BY LEGISLATION WHICH CAN CONTINUE IN FORCE AFTER 30 JUNE 1997.