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proposal was the more difficult. Sir M MacLehose said that most people in Hong Kong had in fact assumed that the proceedings would be in camera and apparently the Commissioner's original intention had been to proceed in this way. The justification for holdings hearings in camera now would be that at present innocent people were suffering aspersions in open court which they could not answer. It could be argued that previously the matter had been left to the discretion of the Commission, but that this had not worked satis- factorily. He had put the problem to the FCO Legal Adviser for a view on the legal aspects. Provided that he agreed, he hoped that Mr Blaker could support such an approach. Mr Blaker said that he thought this should not be too difficult to defend in Parliament. He could argue that it was a matter in which discretion should be left to Hong Kong and that the Governor had decided on balance that it was necessary for subsequent proceedings to be held in camera. He would emphasise that the Report of the Commission would be published. He would also emphasise the cost to the public in Hong Kong of the protracted proceedings, possibly mentioning the £800 per day salary of the Counsel for the Commission.
5. Sir M MacLehose said that he would propose to speak confidentially to the Commissioner in an attempt to get Mr Yang himself to ask that proceedings should be held in camera and to get him to work in future within his original terms of reference. This would obviously be preferable to a directive from the Governor, but if Mr Yang refused he would have to be instructed immediately in this sense.
Distribution:
PS/Mr Blaker Mr Donald
Mr Clift, HKGD
Governor, Hong Kong
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