TNAG-2562-FCO40-3745-Hong-Kong-localisation-of-laws-regarding-biological-weapons-1992 — Page 19

071502Z

COMMENT:..

"

CONFIDENTIAL

FM HONG KONG

TO PRIORITY F C O

TELNO 3814

OF 091005Z DECEMBER 91

AND TO PRIORITY PEKING

INFO PRIORITY UKREP JLG HONG KONG

_OCALISATION OF LAWS:

BIOLOGICAL WEAPONS

WE HAVE PREPARED A CONSULTATION PAPER ON THE LOCALISATION OF JK ENACTMENTS ON BIOLOGICAL WEAPONS AND PROPOSE TO HAND IT OVER TO THE CHINESE SIDE AS SOON AS POSSIBLE. UKREP JLG HAS BEEN CONSULTED AND HIS VIEWS HAVE BEEN INCORPORATED. THE TEXT OF THE DRAFT CONSULTATION PAPER IS IN MIFT. GRATEFUL FOR YOUR EARLY COMMENTS.

2. WE HAVE THE FOLLOWING POINTS TO MAKE ON THIS LOCALISATION PROPOSAL

(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 PAPER BEFORE HAVING THE DRAFT BILL IN HAND. UKREP CONCURS WITH THIS APPROACH.

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

WAS NOT GAZETTED WHEN IT WAS FIRST EXTENDED TO US. IN 1986, OUR LEGAL 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 FACT 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

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