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151077
MDHOAN 4403
CONFIDENTIAL
Hh3 012/5
3 N
CONFIDENTIAL
FM FCO
TO IMMEDIATE HONG KONG
TELNO 1981
OF 081105Z NOVEMBER 91
INFO IMMEDIATE UKREP JLG HONG KONG, PEKING
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UKMEP JLG TELNOS 511 AND 512: JLG AND LEGCO RELATIONSHIP
1. WE ARE CONSULTING FCO LEGAL ADVISERS ON THE POINTS IN SECOND TUR. BUT AS THIS IS IN PRACTICE A QUESTION OF INTERPRETING HONG KONG ORDINANCES, WE WOULD WELCOME THE VIEWS OF YOUR LEGAL ADVISERS.
2.
WE NOTE THAT SINCE YOU SENT YOUR TELEGRAMS ALLEN LEE HAS WRITTEN TO CS ABOUT ARRANGEMENTS FOR CONSULTING LEGCO ON JLG BUSINESS AND HAS NOT RAISED THE ISSUE OF SUMMONING BRITISH GOVERNMENT OFFICIALS. BUT THE PROBLEM MAY ARISE IN THE FUTURE. WE AGREE WITH MR GALSWORTHY THAT THE POLICY OBJECTIVE SHOULD BE TO ENSURE THAT OFFICIALS OF HMG IN HONG KONG CANNOT BE FORMALLY SUMMONED TO GIVE EVIDENCE TO LEGCO. IT HAS BEEN OUR PRACTICE TO RESIST CALLS FOR BRITISH OFFICIALS TO TESTIFY OUTSIDE THE UK EG. TO US CONGRESSIONAL COMMITTEES. ALTHOUGH LEGCO IS IN A SOMEWHAT DIFFERENT POSITION AS THE LEGISLATURE OF A DEPENDENT TERRITORY, LEGCO MEMBERS THEMSELVES HAVE BEEN KEEN TO MARK OUT THEIR INDEPENDENCE FROM HMG. A COROLLARY IS THAT WE SHOULD PROTECT BRITISH OFFICIALS FROM BEING, AS MR GALSWORTHY SAYS, PUT ON THE SPOT BY LEGCO.
3.
THIS IS A SEPARATE ISSUE FROM THE NEED TO KEEP LEGCO BETTER BRIEFED ON JLG SUBJECTS. WE AGREE THAT MORE NEEDS TO BE DONE TO SOUND OUT LEGCO OPINION AND BRIEF THEM IN ADVANCE OF AGREEMENTS IN THE JLG. WE LOOK FORWARD TO YOUR VIEWS ON HOW THIS CAN BEST BE DONE. IT SEEMS TO US THAT IT SHOULD REMAIN PRIMARILY THE RESPONSIBILITY OF HKG OFFICIALS AND EXCO MEMBERS, AND THAT TO PRESERVE THE JLG PROCESS IT WILL NORMALLY NEED TO BE DONE INFORMALLY. IT MAY BE POSSIBLE FOR MEMBERS OF UKREP JLG TO PLAY A PART IN SUCH INFORMAL BRIEFINGS. BUT IT WOULD HAVE TO BE CLEAR THAT THIS WAS AT THEIR INITIATIVE AND THAT THERE WAS NO QUESTION OF THEM BEING REQUIRED TO GIVE EVIDENCE.
HURD
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CONFIDENTIAL