TNAG-0106-FCO40-142-Proposals-to-appoint-an-Ombudsman-1969 — Page 169

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considering the afpointment of an

omburtsman.

Mr. Gaminara

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16.12.08.

I am sorry not to have replied earlier to your minute. Now that it is clear the Governor would welcome comments on the Hong Kong proposals, I have confirmed with Mr. Sykes, (AUS), Secretary to the Parliamentary Commissioner, that it was he who spoke to Mr. Roberts, the Attorney General, last year and during their conversation Mr. Roberts did say that when a draft bill was ready he would like to have the comments of our PCA. It would, therefore, I suggest, be most appropriate if you would write direct from the Department to Mr. Sykes sending him a copy of the papers at (2), unless of course the revised draft mentioned in the Hong Kong telegram at (10) is now available. I think you will find that Mr. Sykes, from his long Commonwealth Office: experience, will be aware of the particular consitutional difficulties, but he should have, I agree, the up-to-date information contained in the background note.

2.

It has occurred to me that the "Notes on Clauses" of the Parliamentary Commissioner Bill, 1966, a complete set of which is available in this Unit, might be of assistance to the Hong Kong Attorney General, but it is possible he may already have seen in the course of the discussions he has apparently had with Sir James McPetrie. Although these notes are not classified in the normal sense, they are nevertheless issued on a very restricted basis and if we wished to make a copy available to the Hong Kong Government it would be necessary to obtain permission from the Civil Service Department. I have already sounded them informally and they have made it clear that they would expect a formal request, which they may well be prepared to consider sympathetically. This is a point on which you may wish to seek the comments of the legal advisers.

3.

I should be grateful if a copy of your letter to Mr. Sykes could be sent to this Unit.

i

Lends.

(C.A. Lovitt)

Parliamentary Commissioner Unit

20 December, 1968