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CONFIDENTIAL
126664
MDHOAN 5303
RESPONSIBILITY FOR DEPENDENT TERRITORIES TO PARLIAMENT, EVEN FOR
DEVOLVED MATTERS.
(IV) SIMILIAR ARGUMENTS APPLY TO GOVERNORS. THE GOVERNOR OF A DEPENDENT TERRITORY, ALTHOUGH THE PERSONAL APPOINTEE OF THE CROWN AND THEREFORE THE REPRESENTATIVE OF THE QUEEN IN THE DEPENDENT TERRITORY, HAS NOT, BY VIRTUE OF HIS APPOINTMENT, THE WHOLE SOVEREIGNTY OF THE TERRITORY DELEGATED TO HIM. HE ACTS UNDER THE AUTHORITY OF THE SECRETARY OF STATE, WHO IS IN TURN ANSWERABLE TO PARLIAMENT FOR THE GOVERNMENT OF THE DEPENDENT TERRITORY CONCERNED. GIVEN THAT A SECRETARY OF STATE IS SO ANSWERABLE, FOLLOWS THAT THE PERSON ACTING UNDER HIS INSTRUCTIONS SHOULD ALSO BE LIABLE TO BE SUMMONED TO ACCOUNT FOR HIS CONDUCT. IN THIS RESPECT THE GOVERNOR OF HONG KONG IS IN THE SAME POSITION AS GOVERNORS OF OTHER DEPENDENT TERRITORIES.
IT
(V) THE NATIONALITY OF THE DEPENDENT TERRITORY'S CIVIL SERVANTS IS NOT RELEVANT IN THIS CONTEXT. THE SECRETARY OF STATE IS RESPONSIBLE TO PARLIAMENT FOR THE ACTIONS OF DEPENDENT TERRITORY CIVIL SERVANTS AND EMPLOYEES REGARDLESS OF THEIR NATIONALITY. (VI) NEVERTHELESS, MINISTERS AND OFFICIALS CAN REFUSE TO GIVE EVIDENCE ON A NUMBER OF SENSITIVE MATTERS, INCLUDING QUOTE MATTERS WHICH ARE, OR MAY BECOME, THE SUBJECT OF SENSITIVE NEGOTIATIONS WITH GOVERNMENTS OR OTHER BODIES UNQUOTE.
3.
I HOPE THAT YOU WILL FIND THE ABOVE HELPS TO CLARIFY THE FORMAL CONSTITUTIONAL POSITION. WE CAN CERTAINLY DISCUSS IT DURING YOUR VISIT WHEN I CAN GIVE YOU, FOR YOUR OWN INFORMATION, A COPY OF A DETAILED MEMORANDUM ON THIS SUBJECT PREPARED BY THE LEGAL ADVISERS. IN RESPONDING TO ANY ENQUIRIES WE SHOULD OBVIOUSLY STRESS OUR DESIRE TO BE AS CO-OPERATIVE AS POSSIBLE WITH THE COMMITTEE AND TRY TO AVOID BEING DRAWN INTO DETAILED DISCUSSION OF WHO IS ENTITLED, AS A MATTER OF LAW, TO DO OR SAY (OR REFUSE TO DO OR SAY) WHAT.
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FED
ADDITIONAL
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MR EDWARDS, LEGAL ADVISERS MR MACLEOD, LEGAL ADVISERS
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DISTRIBUTION
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MR GILLMORE MR MCLAREN
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