CONFIDENTIAL
The second alternative uses the "disallowing the question"
approach and is similar to the approach taken in Clause 13.
It is no good making this clause, so far as this approach is
concerned, applicable only to public officers because, for
ioner. example, the British Trade Commiss/ is not a public officer in the meaning of the Hong Kong laws. This approach is less
than comprehensive in that it requires an objection to be made
though, as you will see from the drafting, not necessarily an
objection by the witness himself. Further, it departs from
the formula used in Clause 13 in that the appeal is made to the
Governor, not to the President, and though today the two may be
the same person, that may not continue. The presentational
advantage of this approach is, I think, the absence of blanket
control and the adoption of a formula which is already in the
Bill for other purposes.
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CONFIDENTIAL
Part for.
Paul Fifoot
Deputy Legal Adviser