223)
CONFIDENTIAL
GRS 345 IMMEDIATE
CYPHER/CAT A
FM F C O 161749Z
CONFIDENTIAL
!
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&
(HKK 14/3)
LA
R
TO IMMED LATE. HONG KONG TELNO 888 OF 16 OCTOBER 1974.
1.
215
YOUR TELS NOS 1007 AND 1011: GODBER.
RI
232
COUNSEL HAVE SEEN TEXT OF YOUR TELWO 1007 AND HAVE ASKED
WHETHER OR NOT COLONIAL SECRETARY INTENDS TO CLAIM CROWN PRIVILEGE
FILE, WE HAVE ALSO BEEN ASKED FOR OUR OWN VIEWS ON
ON
WHETHER CROWN PRIVILEGE SHOULD BE ARGUED,
2. WE ARE ADVISED THAT SINCE THE CASE OF CONWAY V. RIMMER (1968) AC 910 A CLAIM OF CROWN PRIVILEGE ON A CLASS BASIS IN RESPECT
OF STAFF REPORTS SUCH AS
WOULD HAVE NO CHANCE OF SUCCESS, THE ONLY GROUND ON WHICH A CLAIM OF PRIVILEGE MIGHT SUCCEED WOULD BE BECAUSE OF THE CONTENTS OF A PARTICULAR DOCUMENT OR DOCUMENTS WHERE PRODUCTION THEREOF MIGHT E.G, ENDANGER NATIONAL SECURITY, INTELLIGENCE SERVICES, DIPLOMATIC RELATIONS OR THE ECONOMIC WELL-BEING OF THE COUNTRY, IT IS THEREFORE THE POLICY OF HM G
NOT TO CLAIM PRIVILEGE ON A CLASS BASIS FOR STAFF REPORTS AND SIMILAR PERSONNEL DOCUMENTS UNLESS APPOINTMENTS AT A HIGH LEVEL
ARE INVOLVED.
3.
FURTHERMORE, IN CRIMINAL PROCEEDINGS A CLAIM OF PRIVILEGE IS UNDESIRABLE, EVEN IF SUCCESSFUL, IN THAT IT WOULD GIVE THE DEFENCE THE OPPORTUNITY OF ARGUING THAT THEIR CLIENT'S CASE WAS
PREJUDICED BY THE NON-PRODUCTION BY THE PROSECUTION OF RELEVANT MATERIAL, A CONTENTION WHICH MIGHT BE HIGHLY INJURIOUS TO THE MIOLE OF THE CROWN'S CASE.
14.
WE
ני :
CONFIDENTIAL ·