TNAG-1330-FCO40-1757-Future-of-Hong-Kong-test-of-the-acceptability-of-the-Joint-D-1984 — Page 170

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DD 120100Z HONG KONG

GRS311

CONFIDENTIAL

DESKBY 1201002

FM FCO 111740Z OCT 84

TO IMMEDIATE HONG KONG

TELEGRAM NUMBER 2051 OF 1 OCTOBER

HKK 040/46

RECEIVED IN REGISTRY

1 5OCT 1984

DESK OFFICER

INDEX

A

PA

Bh

REGISTRY

Action Taken

Gole

12 15/00

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. A 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

NECESSARY FOR THE OTHER SUBMISSIONS MADE TO THE ASSESSMENT OFFICE

TO BE FORWARDED TO LONDON AT ALL.

3.

HAVING TAKEN FURTHER 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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