MAXAAK ( 3 )
Background
References
CONFIDENTIAL
A:
Hong Kong telno 392
B:
Hong Kong telno 334
C:
Mr Edward's minute of 14
February
1. The Foreign Affairs Committee decided on 15 February that they
would like to take public formal evidence during their visit to Hong
Kong from 16-22 April. The Committee are concerned to ensure that
they are not perceived as working purely behind closed-doors but are
seen to be conducting the enquiry properly and in public. The
Committee have not yet decided who they should see in Hong Kong.
The Clerks are already aware of the sensitivities about the
Governor's involvement.
2. The Governor has expressed doubts as whether he can get away
with only seeing the Committee privately over a drink in Government
House. (Hong Kong telno 392). He has tentatively suggested that if
the Committee want a session on the record, and baulk at it being
closed, he would be inclined to come to London for the purpose
rather than be questioned in the full glare of local publicity.
(Hong Kong telno 334). But even if the Governor were to give
evidence in London, there is a risk that the proceedings would be
rapidly relayed to Hong Kong.
3. The Governor has asked us to clarify whether he and Hong Kong Government officials (many of whom are not UK citizens) could be formally obliged to give evidence. The Legal Advisers have
confirmed that this is indeed the case since the Secretary of State
is ultimately responsible to Parliament for the action of dependent
territory civil servants and employees regardless of their
nationality, even in matters which have been devolved to the governments of dependent territories.
CONFIDENTIAL
Hong Kong Department
17 February 1989