Mr Ricketts
HKD
p.a.
Roue of Legls in bunten
HAB 612/5
FROM:
Conclusion at para
If Miss Brooks to content, you anger 46
fox this to HKG, Ukkig Jac (or Ricketts there) with a coving lette asing if they wo like us to pursue with Treamy solicitors.
Miss S Brooks Legal Counsellor
3/xii
LSC Mr Stone
NZ
K211
270 3069
14
DATE:
2 December 1991
Miss Safgel 3/11
JLG AND LEGCO RELATIONSHIP
Thank you for your minute of 8 November which reached me on my return from leave. I apologise for not replying to your minute before now.
1.
2. Section 9 of the Legislative Council (Powers and Privileges) Ordinance (cap. 382) gives Legco or one of its Standing Committees the power, subject to sections 13 and 14, to order any person to attend before it and to give evidence or to produce any paper, book, record or document in that person's possession or control. Section 13 allows such a person to object on the ground that the question, paper, book, record or document is of a private nature and irrelevant to the inquiry. Section 13 appears to offer no assistance in arguing that British JLG members do not have to appear before Legco. Section 14 is of more assistance.
Mr Galsworthy has focused on section 14 (2). The relevant parts of section 14(2) read:
3.
"(2) No person, other than a public officer acting with the consent of the Governor, shall before the Council or a committee
(a) give any evidence; or
(b) produce any paper, book, record or document, relating to the correspondence concerning -
(i)
or
(ii) the responsibilities of Her Majesty's Government
in the United Kingdom otherwise than with respect to the administration of Hong Kong by its Government, nor shall secondary evidence be received by or produced before the Council or a committee of the contents of any such paper, book, record or document."
/4.