TNAG-1837-FCO40-2612-House-of-Commons-Select-Committee-on-Foreign-Affairs-enquiry-1989 — Page 12

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CONFIDENTIAL

36

HKB 011/3

053501

MDHOAN 4103

CONFIDENTIAL

FM FCO

TO IMMEDIATE HONG KONG

TELNO 325

OF 02120OZ FEBRUARY 89

INFO IMMEDIATE PEKING, BTC HONG KONG

PERSONAL FOR GOVERNOR, FROM PAUL, HKD

BTC HONG KONG, PERSONAL FOR HOLLOWAY

(33)

YOUR TELNO 334: FOREIGN AFFAIRS COMMITTEE ENQUIRY INTO HONG KONG.

·

1 THE FOREIGN AFFAIRS COMMITTEE HAS NOW DISCUSSED THE TIMING OF THEIR VISIT TO HONG KONG AND PEKING. SUBJECT TO THE AGREEMENT OF THE CHINESE, THE COMMITTEE HAVE DECIDED TO VISIT HONG KONG ARRIVING ON THE EVENING OF SUNDAY, 7 MAY TRAVELLING TO PEKING ON THE EVENING OF SATURDAY 13 MAY AND DEPARTING FOR LONDON ON THE EVENING OF TUESDAY 16 MAY. THE MAIN REASON WHY THE VISIT HAS BEEN PUT BACK UNTIL THE SECOND WEEK IN MAY IS BECAUSE OF THE FORTHCOMING COUNTY COUNCIL ELECTIONS. THE CLERK EMPHASIZED THAT THESE DATES REMAIN PROVISIONAL UNTIL AGREEMENT HAS BEEN OBTAINED FROM THE CHINESE. GRATEFUL TO KNOW IF THESE DATES WILL CAUSE YOU OR PEKING ANY DIFFICULTY.

2.

THE COMMITTEE HAS NOT YET DISCUSSED THE QUESTION OF TAKING EVIDENCE. THEY ARE EXPECTED TO DO SO AT THEIR NEXT MEETING ON 8 FEBRUARY. THE FORMAL LETTER SETTING OUT THE COMMITTEE'S PRELIMINARY REQUIREMENTS FOR WRITTEN AND ORAL EVIDENCE IS EXPECTED TO ISSUE SHORTLY THEREAFTER. THIS MEANS THAT THE DEADLINE FOR SUBMISSION OF THE INITIAL MEMORANDUM IS LIKELY TO SLIP BACK UNTIL MID MARCH.

WE

3. AS FAR AS GIVING EVIDENCE TO THE COMMITTEE IS CONCERNED, WOULD BE HAPPY TO DISCUSS YOUR OWN POSITION AND THE MERITS OF SUGGESTING PARTICULAR INDIVIDUALS FROM THE HKG DURING YOUR VISIT TO LONDON. BY THEN WE SHOULD KNOW MORE ABOUT THE COMMITTEE'S INTENTIONS.

4.

YOU ASKED FOR GUIDANCE ON THE FORMAL CONSTITUTIONAL POSITION. THE LEGAL POSITION IS NOT ENTIRELY CLEAR CUT. BUT, HAVING CONSULTED THE LEGAL ADVISERS AND INFORMALLY THE CLERK TO THE COMMITTEE, OUR UNDERSTANDING IS THAT BOTH YOU AND HONG KONG GOVERNMENT OFFICIALS COULD BE FORMALLY OBLIGED TO GIVE EVIDENCE TO THE COMMITTEE.

(I) ACCORDING TO THE CLERK, THE JURISDICTION OF THE FAC EXTENDS TO THE GOVERNMENTS OF BRITISH DEPENDENT TERRITORIES AS WELL AS TO

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