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(c) Similar arguments apply to Governors. Governor of a dependent territory, although the personal appointee of the Crown and therefore the representative of The Queen in the dependent territory, has not, by virtue of his appointment, the whole sovereignty of the territory delegated to him. The essential point is that he acts under the authority of the Secretary of State who in turn is answerable to Parliament for the government of the dependent territory concerned. Given that the Secretary of State is so answerable, it follows that a person acting on his instructions should also be liable to be summoned to account for his conduct.
(d) We do not consider that the nationality of the dependent territory's civil servants (paragraph 2 of Hong Kong telno 392) is relevant. The Secretary of State is responsible to Parliament for the actions of dependent territory civil servants and employees regardless of their nationality.
(e) The Governor and his officials can refuse to give evidence on certain matters, including on sensitive international matters. Such matters include:
(i) advice given to Ministers or advice about
Cabinet Committees or decisions;
(ii)
(iii)
advice by the Law Officers;
information about the private affairs of an individual or institution which has been received in confidence;
(iv)
questions on matters of political controversy;
(v)
(vi)
(vii)
sensitive information of a commercial or economic nature;
matters which are, or may become, the subject of sensitive negotiations with governments or other bodies;
cases where a decision of a quasi judicial nature by Ministers is sub-judice.
Perhaps the most important and relevant of the above for the purposes of the FAC enquiry into Hong Kong is (vi). It may be worth quoting in full paragraph 37 of the Memorandum of Guidance for Officials Appearing Before Select Committees issued by the Cabinet Office in March 1988. It reads:
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