TNAG-1834-FCO40-2608-Sensitivity-review-of-Hong-Kong-Government-records-1988 — Page 61

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SECRET

Don Brech Esq

Government Records Coordinator Government Secretariat

Lower Albert Road

HONG KONG

ра

Foreign and Commonwealth Office

London SW1A 2AH

Telephone: 01-211-3215

26 May 1988

;

HUD 444/11

1988

Dear Don

FUTURE OF HONG KONG RECORDS

1. I have now had an opportunity to discuss your letter of 12 April at length with Duncan Chalmers. What follows has been agreed between us.

Status of the records under the UK Public Records Acts

2.

We do not see any conflict in the legal advice offered to both governments. Those records, the originals, which will stay in Hong Kong are not, nor will be, public records for the purposes of UK legislation. The microfiche sent to London for administrative purposes and later research use will be public records. There is, in our view, no need for a determination by the Lord Chancellor. Such determinations are normally concerned with the records of quasi-governmental bodies for example the various Research Councils not with the records of government

itself at home or overseas. By avoiding the determination process we shall also avoid the publicity which concerns you, though we think the risk in any case slight.

3. We were, however, a little puzzled by the reference in paragraph 4 of your letter to the transfer of original records as well as microfiche to London, and we need some clarification before we can advise you. Do you have in mind the EXCO records which are regularly sent to London and which can readily be protected, or some other collection of which we have not yet heard?

Protection of the microfiche

4。

While we may eventually need to resort to both sections 3(4) and 5(1) of the 1958 Act as amended, Duncan and I are certain that we must go for retention under S.3(4) in the first instance. From soundings taken in the Lord Chancellor's Department we believe that any application would be looked upon favourably. While it is true that any approval under Section 3(4) is limited in duration, though not necessarily to 5 years, approvals can be renewed. We

/shall

SECRET