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CONFIDENTIA
* PERSONAL
州にに
HKK 35011
RECEIVED IN REGISTRY NO. 51
Foreign and Commonwealth Office
London SW1A 2AH
J C Griffiths Esq QC
Attorney-General Legal Department
Central Government Offices Hong Kong
Telephone L.
12 FEB 1981
BESK OFFICER
3184 PA
Your reference
Our reference
REGISTRY Action Taken
Mry fontule
Date 11 February 1981
MACLENNAN INQUIRY
1.
See 14
When you were in London, you mentioned that the Governor might wish to claim Crown privilege and so decline to appear before the Commission of Inquiry in order to give evidence, if the Counsel for the Commission subpoenaed him to do so.
2. The question of Governors claiming immunity in respect of a subpoena was covered in paragraph 32 of 'Notes on Procedure etc. for Governors of Dependent Territories', a copy of which is attached. It is clear from this and a case in another dependent territory in 1979 that the Governor has no special privileges in such circumstances. Tony Rushford has confirmed this.
3. This is not to imply, of course, that Crown privilege could not be claimed in respect of particular evidence, eg the contents of a document which it would be contrary to the public interest to produce.
4.
I do not know whether the chances of a sub-poena to the Governor have increased since we spoke in January but you may wish to have this information in case it does come up.
R
CONFIDENTIAL
R D Clift
Hong Kong and General
Department