TNAG-2125-FCO40-3032-Banking-situation-in-Hong-Kong-1990 — Page 59

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MADAFV

CONFIDENTIAL

14 RM 21/✓

04 MAY 1990

FROM:

RM Marsden

Hong Kong Department

DATE:

4 May 1990

Mr Paul HuD

Discussed this morning

-Mr Mande would like to look at these papers

again, incorporating

the Governor's latest advice

PS/Mr Maude

PS JAL

CC:

Mr McLaren

~Browar

14/5

JARDINE FLEMING BANKING LICENCE

Hhre 102/2

Reoul.

AMISDES

A

B

1. At his meeting on 30 April, Mr Maude referred to the recent

exchange of correspondence between Mr Keswick and the Governor about

the granting of a full banking licence for Jardine Fleming.

Mr Maude said that he was not entirely clear on what basis ExCo had

reached their decision to postpone a final decision on Jardine

Fleming's application for a full banking licence and how this

related to the revised three-tier system. Mr Maude asked in

particular why it was necessary for a local applicant to be

"predominantly beneficially owned by Hong Kong interests" in order to qualify for a licence.

2. Mr McLaren has sent a personal telegram to the Governor asking for this information but he has not yet received a reply. In the meantime Mr Maude may wish to see a copy of an ExCo paper of

February 1989 which sets out some of the background. The Hong Kong ownership requirement was originally introduce in 1981 to prevent

foreign banks evading the normal size criterion by forming a

subsidiary in Hong Kong. It is clear from the ExCo paper that in

February 1989 the Commissioner of Banking supported Jardine

Fleming's application and did not consider that the proposed changes

to the three-tier system would fully meet Jardine Fleming's

aspirations. We have not seen the outcome of the recent review of

licencing criteria for locally incorporated applicants referred to in the Governor's letter of 2 April.

CONFIDENTIAL

27

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