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evidence session would be public). We should also need to guard against any attempts to probe for differences between policy decisions taken by Ministers/the Governor, and advice given by Legal Advisers. (Though our standard line that legal consultations are confidential should provide some protection against that).
4.
However we do not think we can refuse a request from the FAC. Cabinet Office guidance for officials appearing before select committees (relevant extract being faxed to you and Hong Kong) makes clear that officials attend on behalf of Ministers and that Ministers may decide which officials should represent them. We could argue that the Legal Adviser with particular expertise in this area (Shelagh Brooks) could not attend before 8 November (she is on leave). But the Clerk has made this request in full knowledge of that fact. Clearly the FAC will expect us to field a Legal Adviser.
5. The best way forward might be for a senior official on the policy side (possibly Mr Hum) to attend, supported by a Legal Adviser. The policy official would formally represent the Minister, (thus preserving the consultative status of Legal Advisers, and providing some protection against any pressure upon the Legal Adviser to address policy issues).
6. We should be grateful for your views and those of the Ambassador DESKBY 280800z to enable us to meet our deadline for submitting.
HURD
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MAIN
.HK POLICY
HKD
PUSD
FED
56
LEGAL ADVISERS//MS BARRETT LEGAL ADVISERS//MISS BROOKS
DISTRIBUTION
63
NTCD
PLANNERS
RAD
PS
PS/MR GOODLAD
SIR J COLES
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2
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