TNAG-1834-FCO40-2608-Sensitivity-review-of-Hong-Kong-Government-records-1988 — Page 68

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If we decide not to seek 2 formal determination, agreement must be reached by FCO, PRO and HKG on the standing of HKG records under the Act and the timing of the Act's coming into effect. At the end of the day the legal basis for the custody and access arrangements must be sound and practical. If any doubts exist, my inclination is to resolve them by referral to the Lord Chancellor, perhaps outside the parameters of Section 7(2) to avoid bringing the issue into the public eye at this stage.

Moving on to the procedures and detailed arrangements for release, retention and extended closure of HKG records. Under the Act records over 30

years old must be transferred to the PRO for access by the public unless covered by an Instrument under Section 3(4). There is по physical difficulty about this

However, there is a problem over the release of records to the public from a subject viewpoint. Current access policy in Hong Kong is that the generality of records over 30 years old held by the PRO may be made available to the public but that any

classified material must be referred to the relevant policy Branch for a decision on each access request. The majority of HKG records being copied are classified and have not yet been deposited with the PRO here. Until appropriate access clearance and records transfer arrangements have been put in place in HK few copied records over 30 years old transferred to the UK could be passed on to the PRO in London. The timing of any transfer and public release must also take into account PRC interest in this aspect of the records exercise.

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of argument is in favour of delaying any transfer requiring public release until closer to 1997.

As the HKG records transferred will comprise mainly classified material there will be a certain number requiring retention by FCO for reasons of security. Others may be kept to meet administrative needs. Additionally, all the microfiches containing China sensitive material will require extended closure.

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