SECRET
DRAFT
In any works programme there is some risk of slippage which may of course be
offset by price rises but we would wish to build in some safeguard on this account
by altering wording of your condition paragraph 3(B) to read quote any underspending
in the capital works programme over the whole period, for any reason, would not
automatically result in any increase in the cash contribution but would be subject to
negotiation. unquote. Virement between one year and another remains essential
feature.
4.
You no doubt know that part of capital works programme is carried out direct by
DOE and not through Hong Kong PWD and total remaining value of this reducing element
is some £m1.3 during the five years. We had assumed that under arrangements to be
made for provision of capital works in kind Hong Kong will assume responsibility for
payments for this element as they become due. As financial year now advanced this
would further entail cash payment to DOE for expenditure to date. Assume you agree to
this treatment of element of programme not in hands of PWD even though provision is
nominally in kind.
5.
Throughout our consideration of the different proposals during the past months
we have had in mind throughout the importance of avoiding demarcation arguments about
whether or not a particular works requirement is or is not reckonable for the purposes
of the contribution. We therefore welcome condition A of your paragraph 3. It follows
that Hong Kong will accept in any particular case DOE assurance that the same criteria
and controls have been exercised as if HMG were paying.
SECRET
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