CONFIDENTIAL
FM FCO
TO IMMEDIATE BTC HONG KONG
TELNO 16
OF 161545Z JANUARY 91
CONFIDENTIAL
---
HKD 340/5
RECEIVED IN DEC..
10/5
17 JAN 1991 OP COPY
DESK OFFICER DIST ?
INDEX
PA
124607 MDHOAN 5746
}
PERSONAL FOR HEAP FROM PAUL HKD
(t)
YOUR TELNO 15: BRITISH NATIONALITY SCHEME: BRITISH UNDERTAKINGS
1. WE ARE GRATEFUL FOR THIS HELPFUL UPDATE ON THE COMMITTEE'S THINKING.
2.
IN THIS CONTEXT, YOUR SHOULD BE AWARE THAT HUTCHISONS (THROUGH SIMON MURRAY) HAVE BEEN EXPRESSING CONCERN ABOUT WHETHER THEY ARE TO BE CONSIDERED AS A BRITISH UNDERTAKING. THEY ARE WORRIED THAT MEMBERS OF YOUR COMMITTEE, WHO ARE FROM RIVAL FIRMS WOULD, FOR ENTIRELY UNDERSTANDABLE REASONS, BE INCLINED TO BE VERY RESTRICTIVE ABOUT RECOMMENDING OTHER BIG FIRMS FOR INCLUSION IN THE LIST. GRATEFUL IF YOU COULD HAVE ANOTHER PERSONAL WORD WITH SIMON MURRAY AND URGE HIM TO FURNISH THE INFORMATION REQUESTED WITHOUT DELAY.
3.
IN ORDER TO ENABLE MINISTERS TO REACH A FINAL DECISION ON HUTCHINSONS AND OTHER DIFFICULT CASES, I WOULD BE GRATEFUL TO KNOW WHAT FURTHER INFORMATION AND ARGUMENTS (IF ANY) YOU HAVE RECEIVED FROM THESE FIRMS IN SUPPORT OF THEIR CLAIMS TO BE CONSIDERED AS AS BRITISH UNDERTAKINGS.
4.
IF THE EVIDENCE YOU HAVE RECEIVED DOES NOT POINT TO THEM QUALIFYING UNDER THE EXISTING RULES, WOULD IT BE POSSIBLE TO USE ANY RELEVANT DATA AS A BASIS FOR DEVISING A NEW CATEGORY (SEE PARA ONE OF THE LEGAL ADVICE QUOTED IN MY FAX OF 7 JANUARY) WHICH WOULD JUSTIFY THER INCLUSION ON OBJECTIVE GROUNDS (OR AT LEAST A COMBINATION OF SUBJECTIVE AND OBJECTIVE GROUNDS) AS A BRITISH UNDERTAKING?
5. YOUR PARA 9: WE HAD AS YOU KNOW ORIGINALLY ENVISAGED PUBLISHING THE INITIAL LIST BY ABOUT THE MIDDLE OF JANUARY. THIS WILL OBVIOUSLY NOW HAVE TO SLIP SOMEWHAT, BUT CANNOT REASONABLY BE MUCH FURTHER DELAYED. WE WOULD PREFER IT IF A PUBLICATION DATE WHICH COINCIDED WITH LORD CAITHNESS' VISIT TO HONG KONG COULD BE AVOIDED.
1
PAGE CONFIDENTIAL
Page 255Page 256