TNAG-2275-FCO40-3274-Hong-Kong-and-the-media-1991 — Page 19

CODE 18-77

Mr Ingham, Information Dept

BBC WORLD SERVICE/RTHK

IAL

CONFIDENTIAL

Reference

P

čc: Mr Parker

) Legal

MAB TRO

Ms Barrett ) Advisers Mr Cox, HKD Ms Major, HKD

(44)

1. As you will have seen from yesterday's telno 1045 (attached), we have now had a reply from Hong Kong in response to the questions you raised in your minute of 13 March. It confirms our belief that the Hong Kong Government does not need the Secretary of State's approval to conclude the proposed agreement with the BBC. It will, therefore, only be necessary to obtain his approval on behalf of the BBC.

2.

We can see no practical objections to approval being granted. Quite the contrary. Nor are we aware of any ulterior motives on the part of the Hong Kong Government. The only point which concern us was the possibility of an adverse reaction from the Chinese to an agreement which is to run over 1997 to December 1999. However, we would endorse the points in para 2 of Hong Kong's TUR, as well as their wish not to raise the matter with the Chinese in present circumstances.

3.

You ask for a form of words to cover the Hong Kong angle in your submission. I would suggest something along the following

lines:

"There is no need for the Hong Kong Government to obtain formal authorisation from the Secretary of State to agree this exchange of letters. However, since the agreement is to run beyond June 1997 on to December 1999, we have considered the likely attitude of the Chinese. On balance we think that the Chinese have little grounds for complaint. service which is to be covered by this agreement has already

The relay 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 (JD 129), 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.

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".

K. Sander

KAM Saunders Hong Kong Department

10 April 1991

CONFIDENTIAL