TNAG-2221-FCO40-3189-Constitutional-development-in-Hong-Kong-role-of-the-Legislat-1991 — Page 125

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FM UKREP JLG HONG KONG

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OF 0409OOZ NOVEMBER 91

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INFO IMMEDIATE PEKING, HONG KONG

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MIPT: JLG AND LEGCO RELATIONSHIP.

1. SECTION 14 OF CAP 382 PROVIDES THAT NO PERSON, OTHER THAN A PUBLIC OFFICER ACTING WITH THE CONSENT OF THE GOVERNOR, SHALL BEFORE THE COUNCIL OR A COMMITTEE GIVE ANY EVIDENCE RELATING TO THE RESPONSIBILITIES OF HMG IN THE UK OTHERWISE THAN WITH RESPECT TO THE ADMINISTRATION OF HONG KONG BY ITS GOVERNMENT.

2.

IN WHICH HMG IN THE UK AND CHINA

THE JLG IS AN ORGAN PARTICIPATE. THE ACTIVITIES OF THE BRITISH SIDE OF IT ARE THEREFORE PART OF THE RESPONSIBILITIES OF HMG IN THE UK. THE JLG BY ITS TERMS OF REFERENCE MAY NOT PLAY ANY PART IN THE ADMINISTRATION OF HONG KONG, NOR MAY IT HAVE ANY SUPERVISORY ROLE OVER THAT ADMINISTRATION. BY DEFINITION THEREFORE ITS ACTIVITIES CANNOT BE A PART OF QUOTE THE ADMINISTRATION OF HONG KONG BY ITS GOVERNMENT UNQUOTE. IT SHOULD FOLLOW THAT ONLY A PUBLIC OFFICER ACTING WITH THE CONSENT OF THE GOVERNOR COULD GIVE EVIDENCE ABOUT

ACTIVITIES WITHIN THE JLG.

3. IT MIGHT BE THAT A JLG OFFICIAL COULD BE CALLED TO GIVE EVIDENCE ABOUT HIS DEALINGS WITH THE HKG IN THE COURSE OF AN INVESTIGATION BY LEGCO INTO THE ACTIVITIES OF THE LATTER. THIS CASE IT MIGHT BE SAID THAT THE EVIDENCE REQUESTED WAS IN RESPECT TO THE ADMINISTRATION OF HONG KONG BY ITS GOVERNMENT. BUT THIS WOULD SEVERELY RESTRICT THE QUESTIONS WHICH COULD BE ASKED.

4. CAN THIS POSITION BE ALTERED BY SECTION 15? SURELY, IF THE USAGE AND PRACTICE OF THE COUNCIL APPLYING BEFORE THE ORDINANCE WERE ENACTED WAS CONTRARY TO THE ORDINANCE ITSELF IT MUST HAVE BEEN SUPERCEDED. (IN ANY CASE SINCE THE COUNCIL NEVER HAS CALLED AN OFFICIAL OF THE JLG TO GIVE EVIDENCE IT IS HARD TO SEE WHAT USAGE AND PRACTICE THERE COULD BE). IF THE COUNCIL WERE TO PASS A RESOLUTION LAYING DOWN A USAGE AND PRACTICE CONTRARY TO ARTICLE 14 OF THE ORDINANCE, WOULD IT NOT BE ULTRA VIRES?

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