DD 12010OZ HONG KONG
CONFIDENTIAL
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GRS311
CONFIDENTIAL
DESKBY 1201002
FM FCO 11174OZ OCT 84
TO IMMEDIATE HONG KONG
TELEGRAM NUMBER 2051 OF 1 OCTOBER
YOUR TELNOS 2618, 3174, 3178 AND 3179: TEST OF ACCEPTABILITY:
ASSESSMENT OFFICE
1. WE ARE CONSULTING THE SECRETARY OF STATE OVERNIGHT, AND WOULD BE GRATEFUL IF YOU WOULD HOLD ANY FURTHER ACTION ON THE
QUESTION OF FATE OF
THE SUBMISSIONS TO THE ASSESSMENT UNIT UNTIL WE HAVE
DONE SO.
2.0 FURTHER CONSIDERATION, ALTHOUGH WE STILL THINK, AS WE ASSUME THAT YOU DO, THAT THE MAIN SUBMISSIONS SHOULD FORM PART OF THE PUBLIC REPORT (YOUR TELNO 2618) DO NOT THINK IT
we
NECESSARY FOR THE OTHER SUBMISSIONS MADE TO THE ASSESSMENT OFFICE
TO BE FORWARDED TO LONDON AT ALL.
3.
HAVING TAKEN EBEKER LEGAL ADVICE, WE CONSIDER THAT, SINCE
THE ASSESSMENT OFFICE HAS BEEN SET UP UNDER THE AUTHORITY OF
THE GOVERNOR OF HONG KONG (THE FIRST SENTENCE OF ITS TERMS OF REFERENCE), THE SUBMISSIONS MADE TO THE ASSESSMENT OFFICE WILL NOT, SO LONG AS THEY REMAIN IN HONG KONG, BE RECORDS
BELONGING TO HER MAJESTY IN RIGHT OF HER MAJESTY'S GOVERNMENT IN
THE UNITED KINGDOM. THEY THEREFORE WILL NOT BE PUBLIC RECORDS
FOR THE PURPOSES OF THE PUBLIC RECORDS ACT 1958 (SEE PARAGRAPH
2(1) OF THE FIRST SCHEDULE TO THE ACT). THERE IS THEREFORE NO
LEGAL REQUIREMENT UNDER THAT ACT FOR SUBMISSIONS KEPT IN
HONG KONG TO BE PRESERVED.
4.
OUR PRELIMINARY VIEW THEREFORE, WHICH WE WILL CONFIRM WHEN THE SECRETARY OF STATE HAS BEEN CONSULTED, IS THAT SUBMISSIONS OTHER THAN THOSE WHICH FORM PART OF THE REPORT SHOULD BE RETAINED
IN HONG KONG. PROVIDED THAT THERE IS NO LOCAL LEGAL IMPEDIMENT,
THEY COULD THEN BE EITHER RETAINED WITH THE NAME OF THE
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CONFIDENTIAL
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هلعام