CONFIDENTIAL

FM HONG KONG

TO IMMEDIATE FCO

TELNO 3482

OF 180715Z OCTOBER 89

INFO ROUTINE WASHINGTON

CONFIDENTIAL

066204

MDHIAN 0374

79

HKB 01115

TOP COPY Q DIST ?

- 26/10

WASHINGTON FOR GOVERNOR HONG KONG VISITING

MIPT: THE HARRIS CASE

MIPT PROMISED TEXT OF LEGCO QUESTION AND AG'S REPLY ON THE HARRIS CASE. TEXT IS AS FOLLOWS:

QUESTION:

WILL THE ATTORNEY GENERAL INFORM THIS COUNCIL HOW HE CAME TO THE DECISION NOT TO PROSECUTE A FORMER SENIOR CROWN COUNSEL, FOR ALLEGED INCITEMENT TO PROCURE YOUNG GIRLS FOR SEXUAL OFFENCES AND WHETHER DURING HIS DELIBERATION, HE TOOK FULL ACCOUNT OF THE INTERESTS OF THE PUBLIC, PARTICULARLY THOSE OF POSSIBLE VICTIMS?

REPLY: SIR,

I AM GRATEFUL TO HAVE, AT LAST, THE OPPORTUNITY TO ANSWER IN THIS COUNCIL THE CONCERNS THAT HAVE BEEN EXPRESSED OVER THIS CASE. AS I HAVE SAID ELSEWHERE, IN THE PERFORMANCE OF MY FUNCTIONS I AM ACCOUNTABLE TO THE PUBLIC THROUGH THIS COUNCIL SITTING IN OPEN SESSION.

2. ON THE 26 APRIL 1989, THE POLICE SUBMITTED TO THE ACTING DIRECTOR OF PUBLIC PROSECUTIONS, MR A P DUCKETT, PAPERS CONTAINING ALLEGATIONS AGAINST MR EC HARRIS, A SENIOR CROWN COUNSEL THEN SERVING IN THE PROSECUTIONS DIVISION OF MY CHAMBERS. ON THAT SAME DAY, MR DUCKETT BROUGHT THOSE ALLEGATIONS TO MY ATTENTION. I IMMEDIATELY DIRECTED THAT ADVICE BE SOUGHT FROM AN EMINENT QUEEN'S COUNSEL IN THE PRIVATE SECTOR. THIS DIRECTION ACCORDS WITH THE PRACTICE ADOPTED WHEN ALLEGATIONS OF CRIMINAL CONDUCT FALL TO BE CONSIDERED IN RELATION TO ANY PROFESSIONAL OFFICER WITHIN MY CHAMBERS.

3. AT THIS POINT, LET ME MAKE IT CLEAR THAT LEADING COUNSEL WAS SENT THE COMPLETE POLICE FILE DELIVERED TO MR DUCKETT ON 26 APRIL 1989. THAT FILE COMPRISED STATEMENTS OF WITNESSES, TRANSCRIPTS OF TAPE

PAGE

1

CONFIDENTIAL

Share This Page