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to Mr Paul's submission of 27 March also refers to executive functions of the Steering Group. These are substantial functions if they are to be properly performed and this has consequences for the composition of the Steering Group: see paragraph 8 below. If any functions of this nature are to be conferred upon the Steering Group then the wording of Clause 1(5) should be extended so that the exclusion of judicial review will also extend to the review of decisions made by the Steering Group as well as any decisions made by public officers as delegates of the Governor.
7.
Hong Kong telno 1066 sets out the Governor's views for the composition of the Steering Group. The first point here is that paragraph 2 of the draft scheme in the text which I have seen states that the Steering Group will comprise "independent persons". I do not think that the Chief Secretary and the two officials proposed can be so described. Nor, since he is subject to the foreman's directions, is the Commissioner ICAC.
Governor's
8.
More generally, I think one should consider further the function of the Steering Group before going further with consideration of its composition. If the Steering Group is to exercise the executive functions set out in the texts that I have seen one must question whether people of the eminence and industry of those suggested in the TUR could possibly devote the time to those functions. Even if the functions ultimately decided upon for the Steering Group are severely restricted, I would have some doubts on the advisability of appointing the senior member of ExCo to a group of this nature on the grounds that her position in ExCo could well be weakened by too close an association with the implementation of the scheme. I would be very surprised if Dame Lydia would not feel similar inhibitions.
DMEAAO
Paul Fifoot
Legal Advisers
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