TNAG-1431-FCO40-1914-Sensitivity-review-of-FCO-records-on-Hong-Kong-1985 — Page 61

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Mr Galsworthy o.r.

Mr Ehrman

CONFIDENTIAL

In betiba.

HONG KONG: RELEASE OF RECORDS

1.

Last December, Miss

Reference..

did

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to hold

HKK 444/1

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Harrison of LRD wrote to ask us whether

could now be

certain 1948 papers on the status of the Walled City, recovered from the Public Records Office in 1982 because of the likelihood that this issue might arise during the future negotiations, returned to the PRO. (The sensitive papers related to advice by the Law Officers that the International Court of Justice would probably uphold Chinese jurisdiction over the Walled City if the issue were put before them.)

2.

After consulting Mr Fifoot of the Legal Advisers, Mr Hum to the Governor on 9 January proposing that, as

(a)

wrote

we have no legal right to withhold papers, once released to the PRO, indefinitely: and

(b) the negotiations on Hong Kong's future had been successfuly

concluded,

the documents should now be returned to the PRO.

3.

on The Governor replied 9 March agreeing to release of the documents, and drawing to Our attention two subsequent cases, of 1958 and 1959. In both these cases, following consultation between Hong Kong and ourselves, it was decided to adopt a view contrary to the Law Officers' advice of 1948, in the prosecution of two men, Wong Hon and Chan Hing, alleged to have committed murders inside the Walled City. The Governor suggested that we might wish to prepare a line in the event of public questions about these contrary opinions.

4.

Mr Burrows has minuted at enclosure (16), suggesting a (suitably pragmatic) line

to take if such enquiries do arise over the case of Wong Hon. I have checked the Chan Hing papers at Mr Burrows' suggestion, and confirmed that Chan was convicted and sentenced to death, and his appeal dismissed, without British jurisdiction over the Walled City arising.

5.

the is sue

of

I propose therefore that the attached draft be sent to Governor, to "close the books" as it were: and intend 1957-59 papers, borrowed for this research, to LRD.

to return

the

the

(6. My apologies for the delay in submitting these papers. This was one of Our three errant files; recently recovered from Miss Harrison of LRD, rather than Mrs Harrison of Future Section, for whom intended.)

13 May 1985

Cau. ш

て

GE Leeks

CONFIDENTIAL

it was

MKK 444/1

RECEIVED IN MY

INDE

15 MAY 1985

ACISTRY

ution Taken

CODE 18-77