TNAG-1101-FCO40-1351-Legislation-on-homosexuality-in-Hong-Kong-including--Report--1981 — Page 565

4.

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as to the possible effect on the office of the Governor if this

Commission took it upon itself to demonstrate that the Governor

is subject to the law.

Perhaps the question of whether

the Governor will be required to give evidence disturbs most

because it is so completely unnecessary for him to do so.

In the present circumstances, that is no guarantee that he will

not be called. If the remainder of the hearings were conducted

in camera the public would not know whether the Governor has

been required to give evidence. Equally importantly

the evidence

which he might be required to give would not become public

knowledge.

e)

The interests of Security:

The sensitive subject of telephone wire-tapping has been

raised in the Inquiry hearings. The Commissioner's counsel

has indicated that no questions on that subject are to be put to

witnesses without notice, to the Commissioner, written on a

piece of paper. Against this it cannot be stressed enough that

Beveridge, QC is of the view that all matters should be heard

in public session. Is the present arrangement considered

adequate to protect the security interests of Hong Kong?

Arguments against the proposals:

These are most completely dealt with by Beveridge, QC in his

memorandum to the CS dated the 18th February, 1981. The view of the

Commission is that all evidence should be heard in public because the re

is grave public disquiet' about the case and the press and public should

be given the opportunity of hearing (or reading about) all the evidence

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