TNAG-2419-FCO40-3521-Hong-Kong-Her-Majesty-s-Overseas-Civil-Service-(HMOCS)-poli-1992 — Page 44

NOTE FOR FILE

CONFIDENTIAL

HKA 233/1

1223

Reference.

HONG KONG HMOCS

151613

96

I discussed Miss Williams' minute of 12 March with Miss

Brooks.

1.

2.

Re paragaph 2, Miss Brooks considers that there could be

a risk of judicial review if we were to implement such a

change before the 30 June cut-off date.

3.

Her

On paragraph 3, Miss Brooks considers that the possibility in the second sentence is quite acceptable. only comment is that it could be seen to weaken the finality

of our 30 June cut-off date. With regard to the third sentence, she thinks this is unsafe if implemented before

the cut-off date. Having given members an expectation that

they would have until the cut-off date to make a decision, we could be in serious trouble for unilaterally changing

this.

With regard to paragraph 4, she considers that she is

not competent to answer these questions which should more appropriately be referred to ODA Legal Advisers.

4.

5. On paragraph 5, she thinks that such a move would not

incur any legal liability: it might be considered very unfair but as long as we were not hiding anything (ie we had

already made a decision and not disclosed it) then there is

nothing the HMOCS officers could do about it.

M V Stone

16 March 1992

cc: Mr Cox,

Miss Williams

PUBAAT/1

TG

CODE 18-77

CONFIDENTIAL