in public hearing, matters which may be regarded as outside its terms of reference. This has necessitated the examination at length of witnesses whom evidence has little probative value. The cost of the proceedings has escalated enormously there are at present 7 barristers from the private Bar appearing in the Inquiry, instructed by 3 firms of Solicitors and the Legal Aid Department. In addition 7 lawyers from the Attorney-General's Chambers are involved in the Inquiry.
6
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In the Legislative Council on 3rd December 1980 the Chief Secretary advised that the average daily cost of the Inquiry was $36,000; that the cost per sitting day was about $100,000; that the Inquiry had cost about $5 million; that the cost to the end of January 1981 was estimated at about $8 million, and that should the Inquiry run until the end of March 1981 the cost would exceed $10 million. If, as seems likely, the Inquiry continues until the end of June 1981, the estimated cost will be in the order of $18 million to $20 million. The se estimates do not include the cost to Government of the Commissioner or of the 7 Government lawyers now involved in the proceedings.
7
The request by the Commissioner raises the question of whether a formal broadening of the Inquiry is desirable. In this connection the particular attention of Members is drawn to the paper at Annex D which proposes that the Commissioner should be directed to hold the remainder of the hearings of the Inquiry in camera (i. e. in private session) and includes a critical analysis of the workings of the Commission to date and makes reference to a Ruling given by the Commissioner on 16th March 1981 concerning the cross-examination of the Commissioner of Police. A copy of this Ruling is at Annex E.
8
It may be that following consideration of the matters set out in Annex D, and in particular the argument as to time and cost, the Commission's working method, the effect on Police morale, the possible effect on the office of The Governor and the interests of security, Members will wish to consider the Council's powers other than those simply to grant or refuse the Commis- sioner's request. These powers are set out in section 3 of the Ordinance which provides inter alia:
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The Governor in Council may specify the subject of the inquiry and may direct
(a)
when and where the inquiry is to be held, to whom and by what time a report thereon is to be rendered, and may from time to time enlarge the time within which such inquiry is to be held and such report rendered;
(b)
what matters should be outside the terms of reference of the Commission;
(c)
without prejudice to the powers conferred upon the Commission by section 4(1)(i), that the holding of the inquiry or parts thereof be in camera .
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SECRET