OO HONG KONG
GRS 345
CONFIDENTIAL
FM FCO 091810Z JULY 85
TO IMMEDIATE HONG KONG
CONFIDENTLI AT
HKK 011/12
RECEIVED IN REGISTRY
11 JUL1985
DESY OFFICER
INDEX
PA
Сы
ADOO DOL
81
30974
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TELEGRAM NUMBER 983 OF 9 JULY.
76)YOUR TELNO 1385: STANDING ORDERS OF THE LEGISLATIVE COUNCIL
1. THANK YOU FOR WARNING US OF THE AMENDMENTS TO STANDING
ORDERS THAT YOU INTEND TO MOVE AT THE LEGISLATIVE COUNCIL SITTING
TOMORROW. WE CAN SEE THAT THERE WOULD BE TACTICAL ADVANTAGE IN
AMENDING SO 63 AT THIS STAGE IN ADVANCE OF ANY WIDER REVIEW OF
STANDING ORDERS. IN THE LIGHT OF THEIR RECENT ATTACKS ON THE
LEGCO (POWERS AND PRIVILEGES) BILL, A FURTHER CONFRONTATION WITH
THE LAW SOCIETY AND BAR ASSOCIATION NOW, ESPECIALLY ON THE
CONTROVERSIAL ISSUE OF THE TRIAL OF COMMERCIAL CRIMES, WOULD BE
MOST ILL-TIMED.
2.
IN THE TIME AVAILABLE WE CANNOT PROVIDE YOU WITH CHAPTER AND
VERSE ON HOUSE OF COMMONS PROCEDURES REGARDING SELECT COMMITTEES.
BUT WE DOUBT WHETHER YOU WOULD BE WISE TO JUSTIFY YOUR AMENDMENT
TO SO 63 ON THE GROUNDS THAT YOU ARE BRINGING LEGCO PROCEDURE
INTO LINE WITH THAT AT WESTMINSTER. AS WE UNDERSTAND THE
POSITION HERE, WHERE A SELECT COMMITTEE HOLDS A PUBLIC SESSION
THEN BOTH THE WRITTEN EVIDENCE PRESENTED TO THE COMMITTEE AND
CONSIDERED AT THAT SESSION, AND THE ORAL EVIDENCE TAKEN AT THE
SESSION, ENTER THE PUBLIC DOMAIN AT THAT TIME. BUT IN ADDITION
THE COMMITTEE HAS REGULARLY TO NOTIFY THE HOUSE OF ITS
PROCEEDINGS, AND IT IS ONLY AFTER IT HAS DONE SO THAT THE ORAL
· EVIDENCE IS ACTUALLY PUBLISHED BY HMSO. THIS THEN BECOMES THE
PUBLIC RECORD OF THE SESSION. IT IS NECESSARY TO BEAR IN MIND
ALSO THAT ALL THESE PUBLISHED RECORDS ARE NEVERTHELESS GOVERNED
BY THE WIDER RULES OF PARLIAMENTARY PRIVILEGE IN A NUMBER OF
WAYS.
3. THIS ROUGH SUMMARY IS TO INDICATE THAT THE RULES GOVERNING
THESE PROCEDURES AT WESTMINSTER ARE COMPLEX. IT WOULD SEEM TO US
SAFER TO PRESENT YOUR PROPOSED AMENDMENT TO SO 63 ON THE BASIS OF
POLITICAL REQUIREMENTS IN HONG KONG: TO REFER TO HOUSE OF COMMONS
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CONFIDENTIAL