TNAG-0260-FCO40-296-Legislation-for-prevention-of-bribery-in-Hong-Kong-1970 — Page 194

ANNEX D

DIPLOMATIC

SERVICE

PROCEDURE.

(5)

Consultation with the Law Officers. The categories of cases in which it might be appropriate to consult the Law Officers include the following:

(a)

*

Cases in which the legal consequences of intended action by the Government might have important repercussions either in the overseas or in the domestic field.

(b) Zases in which doubt is felt concerning:

(1)

the legality or constitutional propriety of legislation which the Government propose to introduce; or

the vires of proposed subordinate legislation; or

(11)

* (111)

the legality of proposed administrative action.

∙1), (0).

(d),

(e)

aid de Wusture-

1:.

t

1

Cases in which a Minister, or his officials, wish to have the advice of the Law Officers on questions involving legal considerations which are likely to come before the Cabinet, or a Cabinet Committee.

Cases of particular legal difficulty which may raise political aspects of policy.

Cases in which two or more Government Departments disagree on the law and wish to seek the views of the Law Officers.

Cases in which the action of a Department, or the advice it gives to outside bodies about their actions, 1, may later require a decision by the Law Officers, or

by the Director of Public Prosecutions, as to whether a proascution should or should not be launched. (In these cases consultation with the Law Officers should be virtually automatic and it is particularly important to seek their early advice.)

In all cases it is essential that the Law Officers should be consulted in good time before the Government are committed to critical decisions involving legal considerations. It is, for example, too late to delay consultation with the Law Officers until the paper on which the legal point arises is being circulated for consideration by the Cabinet or Cabinet Committee. Departments should therefore consult their legal advisers about any cases in the above categories in plenty of time for instructions to be prepared for submission to the Law Officers if necessary.