TNAG-2275-FCO40-3274-Hong-Kong-and-the-media-1991 — Page 14

RAM

A

Argument

4.

Article 4 of the BBC's Charter states that "the Corporation

shall not

enter into any agreement with the Government of any

part of the Commonwealth without having first obtained the

...

approval of our Secretary of State". The BBC have therefore asked

for our agreement. Neither they nor our Legal Advisers see any

objection to the text proposed in the letter from Mr Chui to

Mr Gillham of the World Service dated 6 December 1990.

5. We have, however, looked into the statement in that letter that

the agreement is "subject to the approval of the Secretary of State"

and requesting "a copy of the Secretary of State's approval". We have established that there is no need for the Hong Kong Government to obtain formal authorisation from the Secretary of State to agree this exchange of letters. We do not therefore intend to provide the Hong Kong authorities with any written notice of approval.

exchange of letters with the BBC should be sufficient.

The

6. Since the agreement is to run beyond June 1997 on to December

1999, Hong Kong Department have considered the likely attitude of the Chinese. On balance they think the Chinese have little ground for complaint. The relay service which is to be covered by this

agreement has already been in operation for some time without attracting any objections. In the longer term we would argue that this is a cultural matter over which, under the Joint Declaration (JD129), Hong Kong is entitled to continue to exercise autonomy after 1997. We would not be in favour of raising this matter with the Chinese now as, on past evidence, it could simply encourage them to object.

7. Although there can be no guarantee that the Chinese will be willing to allow a 24 hour broadcast from the former colonial power to continue in the SAR after 1997, we see advantage in concluding an agreement now which provides, quite legitimately, for this link to continue.

CJ Ingham