Mr Williamson
CONFIDENTIAL
Relvendo,
ник зборі
RECEIVLO 19 REPESTRY NO. 51 12 FEB 1981
ESK, OPTICER
PA
Į REGISTRY
Action Taken
3
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THE MACLENNAN CASE
see
MS
Pen 1242
1. When the Attorney-General was in London recently, I understood him to say that the Governor could claim Crown privilege and so decline to appear before the Commission in order to give evidence, if the Counsel for the Commission subpoenaed him to do so.
2. This question came up in a general sense when I was in BVI and the Cayman Islands and the Governor of the latter was quite clear that the Governor of a Crown Colony could not in fact claim Crown privilege if required to appear before a court of law in order to give evidence. It may be that the Commission of Inquiry does not have the effect of a court of law but, in any case, I think the point needs clearing up since Hong Kong may be labouring under a misapprehension which could backfire on them if the Attorney General's ruling was challenged by Counsel.
3.
Mr Russell in Grand Cayman showed me instructions from FCO to OAGS which specifically said that Governors could not decline to give evidence on grounds of privilege. This was contained in a short paragraph in a lengthy paper giving guidance to Governors on all sorts of matters. It was dated 1973; I should be grateful if Miss Brett-Rooks could produce a copy.
with fenfred Section
HKG/A/32/485/1
CODE 18-77
SS.BUB
P Morrice HKGD
3 February 1981
Copy to: Miss Brett Rooks
Thin Rowan
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3BR 412.
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CONFIDENTIAL