TNAG-1101-FCO40-1351-Legislation-on-homosexuality-in-Hong-Kong-including--Report--1981 — Page 553

SECRET

A Paper for H, E, the Governor and His Executive Council on the MacLennan Commission of Inquiry

1.

The purpose of this paper is to suggest that Yang J., Commissioner

to the MacLennan Commission of Inquiry, be directed to hold the

remainder of the hearings of the Inquiry in camera (private session)

and that a date be specified for the rendering of the Commissioner's

report.

2.

Powers under the Commissions of Inquiry Ordinance

The terms of the powers under the Ordinance are as follows:

Section 3: "The Governor in Council may specify the

subject of the inquiry and may direct

(a)

by what time a report thereon is to

be rendered.

(b)

that the holding of the Inquiry or

3.

parts thereof be in camera.

Both of these powers can be exercised by the Governor in Council at any

time up until the time that the Commissioner's report is received.

Arguments in favour of the proposals:

(a)

Time and Cost

The Commission of Inquiry was appointed on the 9th of July,

1980 and it began its hearings on the 11th August 1980. Originally

it was estimated that the Inquiry would complete its hearings

within 60 days. That estimate has been extended by the

Commission on at least five occasions. The most recent public

announcement on the question of the anticipated date for the

completion of the public hearings is the end of March, 1981 -

but that estimate has already been superseded: see Appendix A:

(Chronology of time estimates for completion of MacLennan

Inquiry). Had Nelligan been able to see the Inquiry through

there is little doubt but that these proceedings would have

SCORE