CONFIDENTIAL
FM FCO
TO IMMEDIATE BTC HONG KONG
TELNO 40
OF 29170OZ JANUARY 91
INFO PRIORITY HONG KONG
CONFIDENTIAL
35
171040
MDHOAN 6714
HKD 340
RECE!
340/5
- 5FEB 1991
•
INU:
PERSONAL FOR HEAP FROM PAUL, HKD
HONG KONG PLEASE PASS TO PS/LORD CAITHNESS AND BURNS AUS (VISITING)
YOUR TELNO 35: BRITISH UNDERTAKINGS
1. WE ARE GRATEFUL FOR THIS REPORT OF YOUR COMMITTEE'S
DELIBERATIONS. WE AND DTI OFFICIALS ARE CONTENT THAT HUTCHISON, HONG KONG ELECTRIC AND WHARF MAY BE RECOMMENDED TO
LORD CAITHNESS IN THE TERMS SET OUT IN TUR. DTI ARE CONSULTING MR SAINSBURY. WE SHALL LET YOU KNOW THE OUTCOME AS SOON AS
POSSIBLE.
2.
WE NOTE THAT YOUR COMMITTEE WILL DECIDE ON HONG KONG AND
CHINA GAS AND THE REMAINING TWENTY EIGHT COMPANIES AFTER THE
CHINESE NEW YEAR. IN VIEW OF THE TIMING CONSIDERATIONS WE AND DTI OFFICIALS SUGGEST (SUBJECT TO LORD CAITHNESS' FURTHER VIEWS) THAT THE LIST (INCLUDING WHARF, HUTCHISON AND HONG KONG ELECTRIC) SHOULD BE PUBLISHED AS SOON AS THE GOVERNOR HAS APPROVED IT. PUBLICATION OF A SUBSEQUENT LIST (TO CLEAR UP THOSE OF THE REMAINDER DEEMED TO QUALIFY) COULD ALSO INCLUDE, WHERE APPROPRIATE, COMPANIES NOT PREVIOUSLY KNOWN TO THE COMMITTEE WHICH EMERGE BOTH FROM APPLICATION FORMS SO FAR RECEIVED AND FROM DIRECT APPEALS BY COMPANIES WHO HAVE NOTED THAT THEY WERE NOT INCLUDED IN THE FIRST LIST.
3.
ON MTR AND KCR, A TECHNICALITY: AS I SAID 1N PARA 5 OF MY FAX OF 7 JANUARY, OUR LEGAL ADVICE IS THAT IT WOULD NOT (NOT) BE DEFENSIBLE TO RULE OUT A COMPANY ON THE GROUNDS THAT IT IS NOT PERCEIVED TO BE BRITISH IF IT MEETS THE CRITERIA IN THE GUIDELINES. IN PRACTICE, (AS PARA 4 OF TUR INDICATES) THE RECORD WILL SHOW THAT MTR AND KCR WERE RULED OUT BECAUSE, ON THE FACTS, THEIR CLAIMS UNDER D(I) AND D(III) WERE NOT CONSIDERED SUFFICIENT FOR THEM TO QUALIFY.
HURD
PAGE 1 CONFIDENTIAL
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