TNAG-2905-FCO40-4179-Hong-Kong-Governor-1993 — Page 53

DAN 4896

NFIDENTIAL

FCOLN

HMLNAN 9817

HOKO TO FCOLN

/1049Z TÉB

RS 299

CONFIDENTIAL

FM HONG KONG

TO IMMEDIATE FCO

TELNO 249

OF 171049Z FEBRUARY 93

нко обл

03 MAR 1993

IS

PERSONAL FROM PS/GH FOR RICKETTS, HKD

GOVERNOR'S DECLARATION OF INTEREST

1. THERE HAS BEEN SOME INTEREST HERE, MAINLY GENERATED BY THE

PRESS, THAT THE GOVERNOR SHOULD MAKE A DECISION OF INTEREST IN Dederatie

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 THES 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

YYYY

HMLNAN 9817