CONFIDENTIAL
CONFIDENTIAL
HKB
12/5
RECEI
24 MAS 1593
TRY
114
174344
MDHIAN 0193
FM HONG KONG
TO IMMEDIATE FCO
TELNO 249
OFSK
OF 171049Z FEBRUARY 93
INDEX
PERSONAL FROM PS/GH FOR RICKETTS, HKD
GOVERNOR'S DECLARATION OF INTEREST
PA
REGISTRY Action Taked
Аствацій
BP1Y2
You
01
pursuing
1. THERE HAS BEEN SOME INTEREST HERE, MAINLY GENERATED BY THE PRESS, THAT THE GOVERNOR SHOULD MAKE A DECISION OF INTEREST IN THE EXECUTIVE COUNCIL, IN THE SAME MANNER AS OTHER MEMBERS.
2. UNLIKE THE LEGISLATIVE COUNCIL AND MUNICIPAL COUNCILS, THERE IS NO LEGAL PROVISION GOVERNING THE NEED TO DECLARE INTERESTS IN EXECUTIVE COUNCIL. IT IS OPEN TO THE GOVERNOR IN COUNCIL TO MAKE, FROM TIME TO TIME, SUCH NEW PROVISIONS AS SEEM APPROPRIATE. THE CURRENT PRACTICE IS THAT ALL MEMBERS OF THE EXECUTIVE COUNCIL MUST TENDER TO THE GOVERNOR DISINTERESTED AND IMPARTIAL ADVICE. IF A MEMBER HAS A PERSONAL INTEREST OR INVOLVEMENT IN THE MATTER UNDER DISCUSSION, WHICH COULD INFLUENCE, OR COULD BE CONSTRUED BY OTHERS TO INFLUENCE, HIS OR HER ADVICE, THEN THE MEMBER SHOULD DECLARE IT. THE EXISTENCE OF A DIRECT AND SIGNIFICANT INTEREST, WHETHER FINANCIAL OR OTHERWISE, SHOULD NORMALLY RESULT IN THE MEMBER WITHDRAWING FROM THE COUNCIL DURING DISCUSSION OF THE RELEVANT ITEM. IT IS FOR THE GOVERNOR TO DECIDE, WHETHER THE MEMBER SHOULD BE ASKED TO WITHDRAW OR INVITED TO STAY.
3. EXECUTIVE COUNCIL MEMBERS ARE NOW REQUIRED TO REGISTER THEIR INTEREST IN A PRESCRIBED FORM. A SAMPLE IS BEING FAXED TO YOU SEPARATELY. ALTHOUGH STRICTLY SPEAKING THIS GOVERNOR IS THE PRESIDENT RATHER THAN A MEMBER OF EXCO, AS PROVIDED UNDER THE ROYAL INSTRUCTIONS, HE WOULD HAVE NO OBJECTION TO COMPLETING THE SAME FORM. HE WOULD HOWEVER, WISH TO KNOW AS SOON AS POSSIBLE IF MINISTERS AND YOUR LEGAL ADVISERS WOULD HAVE ANY VIEWS BEFORE HIS DOING SO, THE GOVERNOR HAS NO REGISTERABLE INTEREST IN HONG KONG AS REQUIRED BY THE FORM, BUT THERE MAY BE A POLITICAL DIMENSION FOR HIM TO COMPLETE IT.
PATTEN
PAGE 1 CONFIDENTIAL
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