TNAG-1688-FCO40-2338-Hong-Kong-legislation-regarding-the-control-of-publications--1987 — Page 2

To facilitate discussion, Secretary General OMELCO

that that the following documents be made available to

requests the Group prior to the meeting. These are

the

(a) the Executive Council memorandum ΟΠ

subject which was presented to Executive Council on 3 March 1987;

(b)

the Legal Department

discussion paper

relating to the subject;

(c)

the report on the consultation with the District Boards on the subject; and

(d)

any other related documents which would

facilitate discussion.

RECOMMENDATIONS

6.

As regards the relevant Council's memorandum (paragraph 4(a)), the Administration's view is that a copy of the paper should be made available for study at any time in the OMELCO office. This follows the practice which is adopted for Executive Council Members who are often asked to come to the Executive Council Chamber to read papers of a sensitive nature but not to remove them from the Council's Office.

T

As regards the Legal Department

discussion paper (paragraph 4(b)), these are government's internal working documents, the most sensitive parts of which have indeed been leaked in the newspaper report. The contents of these papers at Annex A have thus lost much of their sensitivity. However, it must be borne in mind that their release as requested might set a precedent which could have implications beyond the present issue.

But if Members agree exceptionally, and without prejudice that these papers could also be made available to Members; it should be on the same basis as for the Executive Council memorandum.

8

As regards the summary ΟΙ report of consultation with District Boards (paragraph 4(c)), there is no objection to releasing the paper at Annex B, which is non-sensitive.

9

As regards other relevant documents, there are two memoranda by the Legal Department on the vires of the existing legislation (Annex C). The Administration advises against releasing these documents on the grounds that these are legal opinions sought by the

sought by the Administration from its legal advisers. Such documents are ordinarily subject to legal professional privilege.