TNAG-1356-FCO40-1797-Constitutional-development-in-Hong-Kong-1985 — Page 220

For information (23.3.82)

RESTRICTED

Enclosure 1

XCRI(82)11_

Copy No

21

NOTE BY THE ATTORNEY GENERAL

DECLARATIONS OF INTEREST IN EXECUTIVE COUNCIL

INTRODUCTION

It is inevitable that from time to time. Members of Executive Council, whether Offfcial or Unofficial, will have

an interest, (personal, family, or business; direct or indirect; pecuniary or otherwise) in matters which come before the Council.

2

Unlike Legislative Council (Standing Order 65), Urban Council (section 19 Urban Council Ordinance Chapter 101) or Company Directors (section 162 Companies Ordinance Chapter 32) there is no legal provision governing the need to declare interests in Executive Council:- The matter, as in the House of Commons. until recently, depends upon convention, which has been since at least 1968 that even insignificant interests should be declared. It is open to the Governor in Council to make from time to time such new provisions as seem appropriate.

3

The object of this Note is to suggest a procedure which might in future be followed and to give general guidance about it. Lt. must be remembered however that it is impossible to provide a comprehensive definition precisely of what matters aught to be declared, because so much depends on the nuances of ead. Individual case, and because of the difficulty of catering

or unusual and unforeseen circumstances.

PRINCIPLES:

the basic principle is that a Member of Executive fellik must tender to the Governor disinterested and impartial advice. Is he has a personal interest or involvement, financial ar atzerwise, such as would be likely for would be thought by sensible outsiders to be likely) to influence his views or affect his judgment on a matter before: Executive Council, then he must declare this interest so that, due allowance may be made for it. Where the interest is pecuniary or substantial or very close, then the Member should usually withdraw so that justice may be seen to be done, and gublic confidence thereby be maintained.

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There are three paramount objectives which are to some extent conflicting:

(a)

This

the best possible advice should be available and tendered to the Governor in Council. often is most cogently available from those with an interest, and hence specialised knowledge of the matter under discussion;