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Mr O'Keefe (HKIOD)
CONFIDENTIAL
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DEFENCE AND EXTERNAL AFFAIRS SUB-COMMITTEE
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1. The letter of 2 July from the Governor of Hong Kong to Sir Duncan Watson seeks some general guidance on the functions and powers of the Defence and External Affairs Sub-Committee (DEASC) of the Select Committee on Expenditure (SCOE). therefore give below some general information about Select Committees, and the taking of evidence by them, together with some relating particularly to DEASC. I attach copies of the Ministry of Defence's guidance for officials who have dealings with Parliamentary Select Committees, the Civil Service Department's Guidance on the same subject (the existence of which is not known to MPs), and biographical details of the Members of the present Sub-Committee.
2.
The usual purpose for which a Select Committee is appoin- ted is that of taking evidence on some subject and reporting its opinion on it for the information of the House. A Select Committee has no power but what it derives from the House which appoints it. The functions of a Select Committee are set out in the order appointing it, termed the "Order of Reference", and the Committee must not consider any Motion or embark upon any enquiry which does not come directly within the purposes of its appointment as expressed or clearly implied in the Order of Reference unless those purposes have been widened by an instruction. Nor may it, in the performance of its functions, exercise any power which has not been conferred on it by the House.
3. Select Committees are empowered by the House of Commons, and are usually given power "to send for persons papers and records', i.e. to summon witnesses to attend to give evidence or to produce documents.
4.
A Select Committee cannot be required to keep confidential (i.e. unpublished or unquoted) any written material received
The decision from, or evidence given by a government official. whether to publish or not rests entirely with the Committee. A witness is obliged to answer questions or face disciplinary action by the House. Nevertheless "a witness who is unwilling to answer a question, after stating why he desires to be excused from answering, may appeal to the Chair whether in the circum- stances, or for the reasons stated by him, he ought to answer" (Erskine May).
5. There is a provision for "sidelining" of oral evidence to enable a government witness to excise from the record any classified statements he may have made; or any other of his
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CONFIDENTIAL