Our reference

L78/5228/DAW

Your reference

N. A. Ling Esq.,

Hong Kong & General Department, Foreign and Commonwealth Office SW1A 2AB

Telegrams Proctorex London SW1

Telephones

Telex 917564

НКК 38012

28 JUM

DIRECT LINE

01-2338208

SWITCHBOARD 01-233 3000

Matthew Parker Street

London SW1H 9NN

TelephonexdixD30736344124®x

25th June 1979

R+R.

Dear Ling,

TUNG -v- LORD GORONWY ROBERTS AND DR. DAVID OWEN

I refer to my letter of the 19th June 1979 and write to

advise you that I have this afternoon been served with Notice of Appeal to the Judge in Chambers from the decision of Master Elton given on the 18th June. The Appeal is listed for hearing at 12

Noon on Friday next 29th June and I will let you know the result in

due course.

Yours sincerely,

DA Watson

D. A. WATSON

Our rence L78/5228/DAW

Your reference

Telegrams Proctorex London SW1

Telephones

Telex 917564

DIRECT LINE

01-2338208

SWITCHBOARD_01-233 3000

Matthew Parker Street

London SW1H 9NN

Pelet

19th June 1979

N. A. Ling Esq.,

Hong Kong & General Department, Foreign and Commonwealth Office,

SW1A 2AH

НКК 38012

RECEIVED IN REGATEY NO. 51

21 JUN

DESK OFFICER

PA

INDEX

Dear Ling,

TUNG -v- LORD GORONWY ROBERTS AND DR. DAVID OWEN

I refer to my letter of the 9th March 1979 and write to

advise you that at the hearing of our application yesterday Master

Elton ordered that the action be dismissed as disclosing no cause of

action.

Attached

In fact, somewhat unusually

-

but perhaps in the hope that

it might assauge Mr. Tung the Master gave reasons for his decision

and I enclose a copy of his Judgment for your file. Mr. Tung is still

in this country; it is open to him to appeal to a Judge in Chambers

but whether he will do this or content himself by bombarding the various

agencies of the Hong Kong Government with copies of the Master's Judgment

I cannot say at this stage.

Should there be any appeal I will let you know, but in the

meantime, Lord Goronwy Roberts and Dr. David Owen might like to know

that they are in the clear.

Yours sincerely,

Duncan Wattin

D. A. WATSON

5

P

P

IN THE HIGH COURT OF JUSTICE

QUEEN'S BENCH DIVISION

BETWEEN

1978 T. No.

НКК 38012

RECEIVED 827 28VEITY NO. 51

1 JUN 1970

DESK OFFICER

INDEX

PA

MR. FENG-MING TUNG (THOMAS)

and

LORD GORONWY ROBERTS

and

DR. DAVIS OWEN

MASTER ELTON MASTER IN CHAMBERS

1641

Plaintiff

Defendants

In this case Mr. Tung brings a libel action against Lord Goronwy Roberts and Dr. David Owen about a letter dated 19th January 1978 written by Lord Goronwy Roberts to Mr. Christopher Price, M.P. Mr. Price had asked Dr. David Owen, the then Secretary of State for Foreign Affairs, by letter of the 9th January 1978, to look into Mr. Tung's case.

Mr. Tung's case arises out of something that happened in Hong Kong 21 years ago, Some time in the summer of 1958 Mr. Tung was a teacher of police classes in Hong Kong. He taught young policemen Mandarin and some understanding of legal terminology. He was issued with a Police identity card and was clearly a respected member of the community in Hong Kong. Apparently, a police identity card enabled its authorised holder to travel on the local buses without payment of fare and Mr. Tung did so. Mr.

Tung says that there was a corrupt Magistrate, Lo Hing Shing, and that he,

Mr. Tung, was brought before this Magistrate on a charge of evading payment

of the bus fare. Mr. Tung says that he was charged and that he was pronounced

without

guilty Mr. Tung has always protested his innocence. Mr. Tung also says that

the Magistrate destroyed all records of the case.

For many years Mr. Tung has written to many people, including Her Majesty the Queen, seeking to clear his name and it appears that the

British Government, to whom many of these requests were addressed, asked the

Hong Kong Government to carry out an investigation of Mr. Tung's claim. This has been done but the authorities cannot find any record of this case; nor

of any other case; nor of any charge; nor of any conviction against Mr. Tung

and they say that his name and reputation are unblemished.

But of course, the matter has continued to worry Mr. Tung. For

20 years he has worried about the events on that, to him, horrifying day in

the summer of 1958. It has preyed on his mind and he has thought of every

way to clear his name. Christopher Price, M.P. took up his case with the

Foreign Office by letter dated 9th January 1978 and Lord Goronwy Roberts

10

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