DRAFT TELEGRAM TO GOVERNOR HONG KONG

Your telegram No. 467. Sterling guarantee and

accidental breach provision. In the light of your

remarks and the discussion in the Executive Council,

we have considered again carefully whether any deviation

could be made from the terms of the declaration, as far

as the accidental breach provision is concerned, so as

to accommodate the wishes of Hong Kong. As you know,

the declaration was drawn up after participants had had

the opportunity to comment, and it was an attempt to

strike a fair balance between the interests of the UK

on the one hand and those of participants on the other.

In order to satisfy public expenditure control provisions

here, we have to lay down as precisely as possible the

requirements which participants need to satisfy if they

are to qualify for the guarantee. As far as the

accidental breach provision is concerned, this has not

caused difficulties with other holders nor has there

been doubts about the interpretation. We are sorry but

we cannot agree to modify the terms of the declaration

in order to meet the particular needs of one holder,

however important.

2. It may be of course that in practice, the margin

of £2 million or £3 million which you propose to build

in, would be enough to ensure that no breach occured.

However it is an important part of the declaration that

the responsibility for adhering to the terms of the

declaration should rest with the Government concerned.

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