referendum has been colliding head-on this week with laws on Cabinet secrecy.

Parliamentary Registrar Mrs. Marlene Christopher refused on Tuesday to answer questions about what happened at Cabinet, and former Premier Sir John Swan resisted similar questions yesterday.

Most of the debate about the Official Secrets Act surrounds a Cabinet meeting held at 5.30 p.m. on August 15 -- after election returning officers had been sent out to adjourn the referendum until the next day, but before any public announcement had been made.

Government backbencher Mr. Trevor Moniz MP told the commission yesterday: "My belief is there was intense discussion at the Cabinet meeting as to what to do with the referendum, and specifically, whether to postpone it until December.'' If a decision to proceed the next day had in fact been made earlier, it would have been publicly announced, Mr. Moniz said. But no announcement came until just after 7 p.m., soon after the Cabinet meeting had ended.

"It appears to us that there was a sort of failure to transmit information to the public,'' said commission chairman the Hon. Telford Georges.

Former UBP and Independent MP Mr. Harry Viera, who testified yesterday, saw it differently. At the Cabinet meeting, "they were trying to fabricate something that would be acceptable and palatable to the Bermudian people,'' Mr. Viera said. "There was an attempt to delay this vote until Christmas.'' He told the commission yesterday that "contrary to popular belief, these Ministers and their deliberations are not untouchable.'' In the United Kingdom, Royal Commissions have set aside the Official Secrets Act "from time to time'', Mr. Viera said. "It can be put aside, and I think it's probably the only way you're going to get to the bottom of this thing.'' "We are not going to go into the sort of cut and thrust of talk,'' said Mr.

Georges. "We are going to limit our discussions in relation to Cabinet to the decisions that were taken.'' "In that case, you might as well disband at this moment,'' Mr. Moniz said.

"The decision was taken at the Cabinet meeting at 5.30 on Tuesday. That's when the decision was taken.'' Mr. Viera suggested the commission invite former Cabinet Ministers the Hon.

Clarence Terceira, the Hon. C.V. (Jim) Woolridge, the Hon. Gerald Simons, and current Premier the Hon. David Saul.

They could be asked not which Minister said what, but whether there was an attempt at the meeting to have the referendum delayed beyond the next day, Mr.

Viera said.

"I see no valid reason why His Excellency the Governor should not appear, either,'' Mr. Viera said.

Sir John bristled yesterday when asked what happened at Cabinet. "I was under a certain oath of office at the time, and the oath of office requires me to do certain things,'' Sir John said. "I'm not allowed to discuss things that take place in Cabinet.'' When pressed by Mr. Georges, Sir John said he did not recall any discussion about delaying the referendum. "The Cabinet conclusion was that we should not interfere in the process,'' he said.