XN000022-1994-04-21 — Page 10

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THURSDAY, APRIL 21, 1994

MR TIMOTHY HA (THROUGH INTERPRETER):

THANK YOU, MR PRESIDENT. MR GOVERNOR, I UNDERSTAND THAT RECENTLY THE PRESIDENT OF PORTUGAL HAS PAID YOU A VISIT AND HAS ALSO MADE A VISIT TO MACAU. DURING THE VISIT, ACCORDING TO PRESS REPORTS, THE PRESIDENT OF PORTUGAL, WITH REGARD TO PEOPLE IN MACAU AND HONG KONG HOLDING PORTUGUESE PASSPORTS, MADE AN ABSOLUTE UNDERTAKING TO THEM. I WOULD LIKE TO KNOW, UNDER THE PRESENT CIRCUMSTANCES BETWEEN CHINA AND BRITAIN, WILL THE FAC, WITH REGARD TO THE HOLDERS OF BRITISH PASSPORTS IN HONG KONG, WILL IT RECONSIDER THEIR CONDITION CONCERNING RIGHT OF ABODE IN ENGLAND?

GOVERNOR:

―

I WAS ABLE TO TALK ABOUT THESE MATTERS WITH THE PRIME MINISTER NOT THE PRESIDENT THE PRIME MINISTER OF PORTUGAL, YESTERDAY, FOR ABOUT AN HOUR-AND-A-HALF BEFORE LUNCH AND THEN FOR SOME TIME OVER LUNCH AS WELL. I THINK THE HONOURABLE MEMBER WILL KNOW THE DIFFERENCES BETWEEN THE SCALE OF THE ISSUE IN PORTUGAL AND HONG KONG. BUT THERE ARE PRINCIPLES WHICH ARE SIMILAR AND I CAN ASSURE THE HONOURABLE GENTLEMAN THAT I DO, WITH SOME REGULARITY, DRAW TO THE ATTENTION OF THE BRITISH GOVERNMENT THE ISSUES AT STAKE, NOT ONLY IN RELATION TO THIS ISSUE BUT IN RELATION TO OTHER NATIONALITY AND RIGHT OF ABODE ISSUES TOO.

MR JAMES TO (THROUGH INTERPRETER):

MR GOVERNOR, SECTION

33 OF THE TELE-COMMUNICATIONS ORDINANCE SAYS THAT YOU CAN, IF IT IS YOUR VIEW THAT IT IS IN THE INTERESTS OF THE PUBLIC, AUTHORISE THE TAPPING OF TELEPHONES OR TO INTERCEPT CERTAIN TELECOMMUNICATION MESSAGES AND RECENTLY, ICAC HAS TAKEN OVER THE SPECIAL BRANCH AND ITS WORK. ABOUT A PERSONALITY CHECK OR INTEGRITY CHECKING OF SENIOR OFFICIALS, THE ICAC HAS ALSO TAKEN OVER THAT AND THAT WOULD INCLUDE FINANCIAL MATTERS OR POSSIBLE CORRUPTION. AND SO I WOULD LIKE TO ASK YOU THIS: CONCERNING SECTION 33, REGARDING PUBLIC INTEREST, DOES IT INCLUDE THE AUTHORISATION TO AUTHORISE PHONE-TAPPING THAT IS NOT RELATED TO CORRUPTION BUT HAS TO DO WITH PERSONALITY CHARACTERS AS WELL AS THE INTEGRITY OF CERTAIN PERSONS? BECAUSE RECENTLY. THE HEARING HAS CAUSED A LOT OF SOCIAL ATTENTION. AND SO, HAVE YOU CONSIDERED MAKING EVIDENCE TO THE SECURITY PANEL UNDER OATH?

BE

BY

33

GOVERNOR:

I THINK IT IS RATHER MORE DESIRABLE THAT I SHOULD ANSWER QUESTIONS TO THIS COUNCIL OPENLY AT REGULAR INTERVALS AND THAT I WILL CONTINUE TO DO. JUST LET ME SAY A WORD OR TWO ABOUT INTEGRITY CHECKING AND EXTENDING CHECKING. FIRST OF ALL, FOR THE ICAC TO BE CONCERNED ABOUT INTEGRITY CHECKING ISN'T NEW, IT'S BEEN HAPPENING FOR MANY YEARS, I THINK EVER SINCE THE ICAC WAS SET UP. WHAT IS NEW IS THE PROPOSAL THAT FROM THIS JULY, THE ICAC SHOULD RESPONSIBLE FOR EXTENDED CHECKING WHICH WAS PREVIOUSLY UNDERTAKEN THE SPECIAL BRANCH. THE TELECOMMUNICATIONS ORDINANCE SECTION DOESN'T DEAL WITH PERSONALITY CHECKS, IT'S DEALING WITH ISSUES LIKE CORRUPTION, MAJOR CRIMB AND THE SECURITY AND STABILITY OF THE TERRITORY AND I DON'T, FRANKLY, THINK THAT THOSE ARE ISSUES THAT ARE LIKELY то ARISE WHEN ONE IS DECIDING WHETHER OR NOT TO CONFIRM A SECRETARY IN HIS OR HER POST. SO I THINK THE HONOURABLE GENTLEMAN SHOULD RECOGNISE THE DIFFERENCE BETWEEN THE VARIOUS FUNCTIONS OF BOTH THE ICAC AND THE POLICE FORCE.

/I'M SURE

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