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DRAFT POINTS TO MAKE

CONFIDENTIAL

INFORMAL ADVICE TO NCNA

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1.

We understand from transactions notified to the

former Home Affairs Branch and to the Registrar General's

Department that Mr. Xu Jiatun has stood as guarantor

of a loan raised from the Kincheng Bank for the Tin Tin

Daily News.

2.

We have no complaint.

Mr. Xu Jiatun, like any

other person legally resident in Hong Kong, is free to

engage in business activities. We do however have a word

of friendly advice. For reasons which will be familiar

to Xinhua, Mr. Xu and his senior colleagues are treated

in practice as if they were official representatives of

the People's Republic. This rests on an informal under-

standing. There is, however, no legal basis whatsoever

for any immunity.

3.

Were the bank in question to invoke Mr. Xu's

guarantee, the Hong Kong Government would thus be power-

less to intervene. If these dealings or any other

business ventures in which Mr. Xu might have become involved,

were to result in a civil action, there could again be no

question of intervention by the Hong Kong Government to

prevent such action taking place.

4.

We make this point to avoid any potentially damaging

misunderstanding. Xinhua News Agency's representatives

have always taken great care to avoid any action which might

embarrass them and us. We want to keep it that way.

CONFIDENTIAL

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