TNAG-1365-FCO40-1811-Hong-Kong-Legislative-Council-(Powers-and-Privileges)-Bill-1-1985 — Page 15

DD

250100Z HONG KONG

GRS 470

CONFIDENTIAL

DESKBY 250100Z

FM FCO 241800Z JUN 85

CONFIDENTIAL

TOP COPY

$3

27612

HKK 0:11 112

RECEIVED IN REGISTRY

-

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IN

2 5 JUN 1985

REGISTRY

Action Taker

TO IMMEDIATE HONG KONG DESKBY 250100Z

TELEGRAM NUMBER 890 OF 24 JUN

YOUR TELNOS 1245, 1246, 1251 AND 1258: LEGCO (POWERS AND

PRIVILEGES) BILL

42

1.

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THE JUSTIFICATION FOR CLAUSE 14(2) IS TWO FOLD:

(A) FIRST, WHERE THERE IS NO MINISTERIAL OR OTHER TRADITION WHICH PROTECTS STATE'S SECRETS IN THE LEGISLATURE, IT IS NECESSARY AND ENTIRELY NATURAL TO MAKE SOME PROVISION WHICH ENABLES THE EXECUTIVE TO CONTROL THE KIND OF ANSWERS THAT CAN BE GIVEN TO QUESTIONS ON SECURITY MATTERS. THE CONTROL IS ACHIEVED IN THE CURRENT DRAFT BY ENSURING THAT EVIDENCE CAN ONLY BE GIVEN BY OFFICERS WHO HAVE THE CONFIDENCE OF THE GOVERNOR. WE BELIEVE THAT THE SECTION OF THE CLAUSE ON SECURITY MATTERS IS DEFENSIBLE AS DRAFTED ON THESE GROUNDS AND NEED NOT BE AMENDED. (B) SECONDLY, SO FAR AS THE LEGISLATURE OF A DEPENDENT TERRITORY IS CONCERNED, ALTHOUGH IT HAS A LEGITIMATE INTEREST IN THE ADMINISTRATION OF THE TERRITORY, THE POSSIBILITY CANNOT BE IGNORED THAT THERE ARE SERVING IN THE TERRITORY (NOT NECESSARILY IN THE PUBLIC SERVICE OF THE TERRITORY CONCERNED, BUT IN HMG'S SERVICE), PERSONS WITH AN INTIMATE KNOWLEDGE OF HMG'S AFFAIRS WHICH GOES BEYOND THE CONCERNS OF THE TERRITORY. WE CAN SEE THAT THE DRAFTING OF THAT SECTION OF THE CLAUSE DEALING WITH THIS SECOND POINT COULD BE OPEN TO MISCONSTRUCTION.

2.

WE SUGGEST FOR YOUR CONSIDERATION THE FOLLOWING REDRAFT OF THE CLAUSE TO DEAL WITH THIS SECOND POINT:

.....

SECONDARY

DELETE 'RELATING TO THE CORRESPONDENCE EVIDENCE' AND SUBSTITUTE 'RELATING TO THE CORRESPONDENCE CONCERNING

(I) ANY NAVAL, MILITARY OR AIR FORCE MATTER OR OF ANY OTHER MATTER RELATING TO THE SECURITY OF HONG KONG: OR

(II) THE RESPONSIBILITIES OF HER MAJESTY'S GOVERNMENT IN THE

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