PRIORITY
7
GR 285
CYPHER/CAT A
FM HONG KONG 190900Z
CONFIDENTIAL
CONFIDENTIAL
282
RECEIVE IN REGISTRY No.52
19 NOV 1974
4KK 14/5
TO PRIORITY FCO TELNO 1150 OF 19 NOVEMBER. 1974.
REF.
288
YOUR TELNO. 1005:
GODBER.
(289)
1. IT WOULD HAVE BEEN HELPFUL IF YOU HAD TOLD US WHY FRENCH
ADVISES AGAINST SENDING THE LETTER. WE ASSUME THAT HE VIEWS
THE MATTER SOLELY FROM THE POINT OF VIEW OF THE HABEAS CORPUS
PROCEEDINGS AND THAT HE DOES NOT CONSIDER IT AN ISSUE OF ANY
SIGNIFICANCE IN RELATION TO THOSE PROCEEDINGS. OF COURSE, NEITHER - FRENCH NOR RUSSELLS KNOW OF THE PRECISE CIRCUMSTANCES IN WHICH
IRVINE PROFFERED HIS VIEWS, WE STILL REGRET THE DECISION THAT
FRENCH CANNOT BE TOLD ALL THE FACTS AND WISH THAT IT COULD BE
251
RE-CONSIDERED.
2. FRENCH'S ADVICE MAY BE CORRECT IN THE LIMITED CONTEXT OF THE CURRENT COURT PROCEEDINGS. HOWEVER, THE ATTORNEY GENERAL IS CLEAR THAT THE MATTER MUST BE PURSUED IN THE WIDER CONTEXT WITH WHICH HE IS CONCERNED. IT WOULD BE WRONG TO IGNORE THE ALLEGATIONS AND OUR POSITION WOULD BE INDEFENSIBLE IF IT WERE TO EMERGE AT ANY STAGE THAT, BEING APPRISED OF THEM, WE HAD DDONNE NOTHING. THIS IS THE POINT WE MADE IN PARAGRAPH 6 OR OUR TELNO. 1054, AS WE IMPLIED IN OUR TELNO. 1133, THIS IS ALSO NOT AN AREA IN WHICH FRENCH CAN REASONABLY BE EXPECTED TO ADVISE.
3. HOWEVER, WE NOW THINK IT TOO LATE TO APPROACH IRVINE THROUGH RUSSELLS BECAUSE HIS DATE FOR RETURNING FROM LEAVE IS NOW SO
CLOSE. THIS IS A PITY BECAUSE WE FEEL SURE THAT THIS WOULD HAVE BEEN A VERY GOOD WAY TO OPEN OUR ENQUIRY INTO THE MATTER. WE SHALL
CONFIDENTIAL
/NOW TAKE THE
Telegramm
to pares (~2.
Mr Stuart is replaying to
PATH 22/11