TNAG-1101-FCO40-1351-Legislation-on-homosexuality-in-Hong-Kong-including--Report--1981 — Page 593

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(c) efficacy of clarification of terms of reference :

It is quite possible (in some respects virtually certain)

that the Commissioner's Counsel would be able to persuade the

Commissioner that a redefinition of the terms of reference does

not require him to restrict the scope of the enquiry. The

allegations against the C.P. can be used as an example. If a

direction is given that that issue is outside the terms of

reference the Commissioner could rule that although the Commission

will not enquire into that issue per se it will enquire into it:

(i) inasmuch as it might be part of the C.P.'s motivation behind

his part in the Yuen Long affair; and; (ii) inasmuch as his

answers in evidence on the subject might shed light on his

credibility.

Accordingly, it may be that a clarification or redefinition

of the terms of reference might not have any practical effect inside the

Commission. If may, however, have some practical effect in other ways

inasmuch as it would indicate to the Commissioner and to the public that

with the

the Governor in Council is impatient/meandering nature of the Inquiry to

date and that henceforth it should be confined to matters wholly relevant

to the terms of reference.

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