TNAG-2562-FCO40-3745-Hong-Kong-localisation-of-laws-regarding-biological-weapons-1992 — Page 25

PROPOSAL

5.

E BRITISH SIDE PROPOSES TO INTRODUCE A BILL TO LOCALISE THE PROVISIONS OF THE BIOLOGICAL WEAPONS ACT 1974 AS APPLIED TO HONG KONG BY THE BIOLOGICAL WEAPONS ACT 1974 (OVERSEAS TERRITORIES) ORDER 975. THE BILL WILL PROHIBIT THE DEVELOPMENT, PRODUCTION, ACQUISITION AND POSSESSION OF ANY BIOLOGICAL AGENT OR TOXINS OF A TYPE AND IN A QUANTITY THAT HAS NO JUSTIFICATION FOR PROPHYLACTIC, PROTECTIVE OR OTHER PEACEFUL PURPOSES, OR OF ANY WEAPONS, EQUIPMENT OR MEANS OF DELIVERY DESIGNED TO USE BIOLOGICAL AGENTS OR TOXINS FOR HOSTILE PURPOSES OR IN ARMED CONFLICT. IT WILL ALSO MAKE ANCILLARY PROVISIONS WITH RESPECT TO POWERS OF SEARCH AND SEIZURE.

6.

IT IS APPROPRIATE THAT THIS PROPOSAL BE THE SUBJECT OF CONSULTATION WITH THE CHINESE SIDE SINCE THE PROPOSED LEGISLATION WILL IMPLEMENT INTERNATIONAL OBLIGATIONS WHICH ARE EXPECTED TO CONTINUE TO APPLY TO THE HONG KONG SPECIAL ADMINISTRATIVE REGION AFTER 1997. HOWEVER, THE PROPOSED LEGISLATION WILL NOT CONFER ON ANY AUTHORITY IN HONG KONG ANY POWERS FORMERLY HELD BY AN AUTHORITY IN THE UNITED KINGDOM, NOR WILL IT HAVE ANY EXTRATERRITORIAL EFFECT.

FUTURE ADAPTATION

I I

IT

THE PROPOSED LEGISLATION WILL INCLUDE A REFERENCE TO THE ATTORNEY GENERAL OF HONG KONG AS THE OFFICER WHOSE CONSENT IS REQUIRED BEFORE A PROSECUTION CAN BE BROUGHT UNDER THE ORDINANCE. SINCE THE BASIC LAW DOES NOT USE THE TERM ''ATTORNEY GENERAL WILL BE NECESSARY AT AN APPROPRIATE STAGE TO ADAPT THIS PROVISION IN ORDER TO BRING IT INTO CONFORMITY WITH THE BASIC LAW. THE BRITISH SIDE WILL CONSULT THE CHINESE SIDE ON THIS POINT NEARER TO 1997.

ENDS

WILSON

YYYY

ΜΑΙΝ

60

.HONG KONG AGREEMENT

1

.(RESTRICTED)

LIMITED

6

HKD

PUSD

HD/FED

9

25

1

NEWS D

PLANNERS

RAD

PS/LORD CAITHNESS

PS/MR LENNOX-BOYD

SIR J COLES

9

3

1

1

1

1

1

MR BURNS

ADDITIONAL

4

MS BARRETT LEGAL ADVISERS

1

MISS BROOKS LEGAL ADVISERS

1

MISS NEVILLE-JONES CAB OFFICE SIR P CRADOCK NO.10

1

1

[HARRIS]