TNAG-1365-FCO40-1811-Hong-Kong-Legislative-Council-(Powers-and-Privileges)-Bill-1-1985 — Page 11

CONFIDENTIAL

The second alternative uses the "disallowing the question"

approach and is similar to the approach taken in Clause 13.

It is no good making this clause, so far as this approach is

concerned, applicable only to public officers because, for

ioner. example, the British Trade Commiss/ is not a public officer in the meaning of the Hong Kong laws. This approach is less

than comprehensive in that it requires an objection to be made

though, as you will see from the drafting, not necessarily an

objection by the witness himself. Further, it departs from

the formula used in Clause 13 in that the appeal is made to the

Governor, not to the President, and though today the two may be

the same person, that may not continue. The presentational

advantage of this approach is, I think, the absence of blanket

control and the adoption of a formula which is already in the

Bill for other purposes.

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CONFIDENTIAL

Part for.

Paul Fifoot

Deputy Legal Adviser