布政司署
香港下亞厘畢道
SECRET
18
6154
GOVERNMENT SECRETARIAL
LOWER ALBERT ROAD
HONG KONG
18
* OUR REF.: GRC 2/3/1
* YOUR REF.:
Miss P.M. Barnes
る
2
Jarno.
RECEIVED IN ALTATO. 37
11 MAY 1038
DESK O
* INDEX
Head, Library and Records Dept.
FCO,
London.
Dear Pat
1.
2.
3.
4.
Custody
HKD) 444/1
L22114
April 1988.
Future of Hong Kong Government Records
Thank you
for your
letter dated 1 February conveying the Lord Chancellor's decision on dating the microfilm. We shall now have to plan and act on that basis, though my professional view remains unchanged. No doubt we can debate that in due course.
Regarding the transfer of the microfilm to the UK you said that we might need to take action sooner than anticipated. Before We move on this I think it essential that we have a clear idea of what is involved and that the plan meets both Hong Kong's and UK's needs and wishes. There is still some uncertainty here about the working of
the
arrangement and its implications.
proposed
As a starting point I have been going back over the file, the Public Records Act and the PRO Manual. Perhaps it would be helpful if I gave you a Summary of my view of the situation and then left you to comment.
Last year the question of the status of HKG records (both on microfilm and originals) to be transferred to London Was explored in Some detail.
The initial position was that they were not public records and would not be subject to the Act (FCO's letter ref. HKD 444/1 dated 4 March 1987, para 2(a)). Both our legal advisers.considered the point and agreed broadly that records held in a Department in the UK (eg. FCO) are 'public records' within the meaning of the Act; that, up to 1997, the records belong to
and are not therefore UK public records but that, after 1997, if held by the FCO, they would belong to HMG and would be covered by the Public Records Act. (Legal opinion dated 2 March 1987 sent to HKD 4 March 1987). legal advisers
HKG
FCO's
SECRET
/had.
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