TNAG-2970-FCO40-4249-Future-of-Hong-Kong-transfer-of-UK-related-records-from-Hong-1993 — Page 164

The

can only be given to these special considerations "by an agreement between the states concerned.". Nationality and visa records do not seem to attract these considerations but even if the same principles were to apply to colonial archives and to these papers in particular, there is yet no successor government in being with which there can be any agreement. HKSAR will not be created until 1 July 1997. Nor would it be desirable to enter into an agreement with the PRC on behalf of the unborn HKSAR Government. If the PRC Government (or later the HKSAR Government) consider that it is in the interests of the HKSAR Government to have these papers there is a risk that they may claim them. If claimed, HMG could argue that the papers related only to matters of interest to the UK (visits to and settlements in the UK).

4.

I would be most grateful if Mr Rod Wye, Research Department would be kind enough to look into the question of whether there are previous papers about the transfer of certain papers from the Hong Kong Government to HMG and if so, what decisions have been made with regard to archives of the Hong Kong Government.

2

Shelagh Brooks.

Shelagh Brooks