TNAG-1101-FCO40-1351-Legislation-on-homosexuality-in-Hong-Kong-including--Report--1981 — Page 608

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CONFIDENTIA

* PERSONAL

州にに

HKK 35011

RECEIVED IN REGISTRY NO. 51

Foreign and Commonwealth Office

London SW1A 2AH

J C Griffiths Esq QC

Attorney-General Legal Department

Central Government Offices Hong Kong

Telephone L.

12 FEB 1981

BESK OFFICER

3184 PA

Your reference

Our reference

REGISTRY Action Taken

Mry fontule

Date 11 February 1981

MACLENNAN INQUIRY

1.

See 14

When you were in London, you mentioned that the Governor might wish to claim Crown privilege and so decline to appear before the Commission of Inquiry in order to give evidence, if the Counsel for the Commission subpoenaed him to do so.

2. The question of Governors claiming immunity in respect of a subpoena was covered in paragraph 32 of 'Notes on Procedure etc. for Governors of Dependent Territories', a copy of which is attached. It is clear from this and a case in another dependent territory in 1979 that the Governor has no special privileges in such circumstances. Tony Rushford has confirmed this.

3. This is not to imply, of course, that Crown privilege could not be claimed in respect of particular evidence, eg the contents of a document which it would be contrary to the public interest to produce.

4.

I do not know whether the chances of a sub-poena to the Governor have increased since we spoke in January but you may wish to have this information in case it does come up.

R

CONFIDENTIAL

R D Clift

Hong Kong and General

Department