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interception of the draft Duffy Petition are outside the terms of
reference.
appears to be
There are two arguments against such action. The first is
the harmful publicity that might result ("Governor muzzles Inquiry",
"Commission prevented from investigating CP", are not fanciful
projections of the headlines that could result). If the restrictions
on the scope of the Inquiry appeared far-reaching Mr. Beveridge
might resign as counsel. The English newspapers such as "Private
Eye", "The Sunday Times" and "The Guardian" who have presently
lost all interest in the Inquiry would probably be tempted to look
again by a suggestion that it was stopped "because it was getting too
close to the truth about senior Hong Kong Officials".
The second argument against such action is that, were the present
approach continued the action might very well
be ineffectual.
For example, had the Inquiry been prevented by its terms of reference
from enquiring into the CP's sexuality per se, then it could decide to
explore the subject in relation to the CP's credibility. Commission
unconcerned by its terms of reference.
This
The Commission
has asked the Governor in Council to extend its terms of reference
to include various SIU matters but that request results from a decision
by the CP on advice from Counsel to the Police to refuse to hand over
certain documents (the CP has resolved to resist any subpoena on the grounds that the documents solely relate to matters outside the terms of reference so that the Commission might have to justify its understanding of the effect of its terms of reference in court). In
fact witnesses have been heard whose evidence solely relates to the
establishment of the SIU one of the matters with which the request is concerned. The Commissioner has ruled that the AG's press dispute with Mrs. Elliott (which occurred after the MacLennan Inquest had been concluded) is relevant to para. (d) of the terms of reference (see Appendix E).
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