TNAG-2687-FCO40-3889-Hong-Kong-Her-Majesty-s-Overseas-Civil-Service-(HMOCS)-poli-1993 — Page 162

OVE

209-

Mr M J C Waters

PAS (CS) Dev

M 2

HMOCS Arrangements

Thank you for your minute dated 1 May 1993, with

attached notes and the additional material attached to your

memorandum of 10 May 1993.

to

Before giving a full legal opinion I should wish

know why it is thought appropriate for me to advise on a

matter in which the responsibility for both policy and

implementation rests

these

arrangements

ramifications for the

proceedings would be

London and it would

with the UK Government. Although

clearly have serious political Government in Hong Kong, any legal brought against the UK Government in

be for the Treasury Solicitor and

Treasury Counsel to advise the UK Government on the merits

of any possible claim.

3.

That said,

moral arguments in

there are clearly strong political and

favour of following past precedent and

in those circumstances whether judicial review would be

the determining factor when

considering what arrangements and safeguards for HMOCS

officers in Hong Kong are fair and reasonable.

successful

may

not

be

Your Ref : CSB-S/8 III Our Ref

: AGC ADV 589/008 SF (A)

(I'wingfiela)

Crown Solicitor

14.5.93

V