DMEAAM
have a need to have records of its employees as regards their past performance and the elements of
pensionability. But that is not Mr McIntyre's point. He is not concerned with the SAR having access to his records but with the Chinese Ministry of State Security having access. The only answer we can give on that is that this is a matter which, under the Basic Law, falls within the high degree of autonomy of the SAR and the Basic Law makes no provision for any Chinese authority to have a function in respect of such records. However, before using this, we should be satisfied that such arrangements as are being made for the transfer of the archives of the Hong Kong Government do not extend to personal records of those of their servants who continue in employment with the SAR.
Paul Fifoot
Legal Advisers
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