TNAG-2562-FCO40-3745-Hong-Kong-localisation-of-laws-regarding-biological-weapons-1992 — Page 13

J71502Z

COMMENT:

`ONFIDENTIAL

M HONG KONG

O PRIORITY F C O

ELNO 3814

F 091005Z DECEMBER 91

ND TO PRIORITY PEKING

NFO PRIORITY UKREP JLG HONG KONG

OCALISATION OF LAWS: BIOLOGICAL WEAPONS

WE HAVE PREPARED A CONSULTATION PAPER ON THE LOCALISATION OF !K ENACTMENTS ON BIOLOGICAL WEAPONS AND PROPOSE TO HAND IT OVER

O THE CHINESE SIDE AS SOON AS POSSIBLE. UKREP JLG HAS BEEN CONSULTED AND HIS VIEWS HAVE BEEN INCORPORATED. THE TEXT OF THE

RAFT CONSULTATION PAPER IS IN MIFT. GRATEFUL FOR YOUR EARLY COMMENTS.

X. WE HAVE THE FOLLOWING POINTS TO MAKE ON THIS LOCALISATION

ROPOSAL

A) OUR USUAL WORKING PROCEDURE IS TO AWAIT THE FIRST DRAFT OF THE LOCALISING BILL BEFORE CONSULTING THE CHINESE ON THE PROPOSAL. HOWEVER, AS IN THIS CASE THE UK ENACTMENTS ARE STRAIGHTFORWARD, WE HAVE DECIDED TO HAND OVER THE CONSULTATION 'APER BEFORE HAVING THE DRAFT BILL IN HAND. UKREP CONCURS WITH

HIS APPROACH.

(B) FOR SOME REASONS OF WHICH WE HAVE NO RECORD, THE 1975 ORDER

AS NOT GAZETTED WHEN IT WAS FIRST EXTENDED TO US. IN 1986, OUR _EGAL DEPARTMENT POINTED OUT THIS FACT, BUT IT WAS THEN DECIDED THAT DUE TO THE PASSAGE OF TIME, THE CONCERN ABOUT THE CHINA ANGLE (CHINA WAS NOT THEN A SIGNATORY TO THE CONVENTION), AND DOUBTS ABOUT ITS COMPREHENSIVENESS, IN RESPECT OF MODERN WEAPONS, IT WAS UNDESIRABLE TO GAZETTE THE 1975 ORDER. AND IN VIEW OF THE ACT THAT THE 1975 ORDER WILL BE LOCALISED VERY SOON, AND AS ITS GAZETTAL IN HONG KONG AT THIS LATE STAGE WOULD SERVE NO USEFUL PURPOSE, WE DO NOT PROPOSE TO GAZETTE IT NOW. A COPY OF THE 1975 ORDER WILL BE HANDED OVER TO THE CHINESE TOGETHER WITH THE CONSULTATION PAPER. WE THINK IT UNLIKELY THAT THE CHINESE WILL NOTICE THAT THE ORDER WAS NOT GAZETTED. BUT IF THEY DO, WE WOULD SAY THAT IT WAS AN OVERSIGHT ON OUR PART WHICH WE FELT IT WOULD SERVE NO USEFUL PURPOSE TO RECTIFY AT THIS LATE STAGE, GIVEN THAT THE ORDER WILL SHORTLY BE LOCALISED.

WILSON

YYYY

ΜΑΙΝ

60

.HONG KONG AGREEMENT

1

.(RESTRICTED)

1

LIMITED

6

HKD

9

PUSD

25

HD/FED

1

NEWS D

9

PLANNERS

3

RAD

1

PS/LORD CAITHNESS

1