Foreign and Commonwealth Office
London SW1A 2AH
HKK 040/53
RECEIVED IN REGISTRY
0 1 NOV 1984
DESK OFFICER
INDEA
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PA
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(59
Telephone 01-
233 438T
Your reference
MR Maiden Esq
DS 15 (LI)
Our reference
Main Building
Ministry of Defence
Date
WHITEHALL
1 November 1984
Dear Maiden,
HONG KONG LEGISLATIVE COUNCIL (POWERS AND PRIVILEGES) BILL 1984
:
1. We have consulted our Legal Counsellor, Fred Burrows, about the matter raised in the minute of 10 October to you from Ellis, Assistant Treasury Solicitor. I attach a copy of Burrows' advice.
2.
You will have seen from Hong Kong telno 3315 that the Hong Kong Government prefer the second of the two alternative amendments to clause 14(2) proposed in our telno 2022. The telegram sets out clearly
out clearly, and to our satisfaction, in what circumstances the Governor would be prepared to give his consent to a public officer to provide evidence under the provision of Chinese 14 (2). The CBF is apparently content with this. Our Legal Counsellor's view is that, in that form, clause 14 (2) makes it clear that Members of HM Forces from the UK cannot be called to give evidence or produce documents before the Legislative Council.
3. I should be grateful for confirmation that MOD are content with this wording.
1 November 1984
CC:
RP Ellis, Treasury Solicitors
You windy
Cisa Hum
CO Hum
Hong Kong Department
CONFIDENTIAL
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