TNAG-0499-FCO40-564-Administration-of-justice-in-Hong-Kong-1974 — Page 147

CONFIDENTIAL

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It is possible that Mr Faulds's Question was prompted by

Lord Gardiner, a member of the same political Party, but it is

perhaps more likely that its source was a critical article in

The Times of 9 January. This had no direct connection with Lord

Gardiner's representations, but its inspiration was the same group

of lawyers in Hong Kong. It ended with the following passage:-

"The Foreign Office has asked the Governor, Sir Murray MacLehose,

to comment on the allegations made against the administration for

which he is responsible. So far there has been no reply. In the

end it may be that the enquiry into corruption now under way will

lead to a reassessment of the legal system as well.

4.

We have consulted the Governor about our proposed reply

to Mr Faulds (FCO telegram no. 75). He has agreed (Hong Kong

telegram no. 82), subject to two small amendments which I have

incorporated. He also proposed the deletion as irrelevant of the

reference to recent changes in the administration of justice.

But, although it is these very changes to which JUSTICE has objected

as being ill-conceived, I think we must refer to them, in order to

show that the Hong Kong Government is not being simply supine. I

have however recast the proposed answer to make the point more

clearly.

5.

I attach a draft reply which the Parliamentary Unit have

asked to receive by noon tomorrow, Wednesday. The department's

legal adviser agrees.

22 January 1974

fe Show

A C Stuart

Hong Kong & Indian Ocean Dept.

CONFIDENTIAL