SECRET
(C)
3.
TO INTRODUCE LUCAS/BARLOW INTO TRIBUNAL AT
FIRST TACTFUL OPPORTUNITY.
I BELIEVE IT ESSENTIAL IN ORDER TO AVOID ACCIDENTS
THAT WHENEVER UNREPRESENTED GOVERNMENT OFFICERS APPEAR,
COUNSEL SHOULD BE PRESENT IN COURT WATCHING THEIR INTERESTS.
IT WOULD BE UNWISE IF EXTREME TO ASSUME THEIR EVIDENCE WILL
REMAIN UNCONTROVERSIAL, NOR SHOULD SUCH APPEARANCE, IF
TACTFULLY INTRODUCED, CAUSE PRESS OR OTHER SURPRISE.
4.
ONCE INTRODUCED, SUCH COUNSEL (LUCAS/BARLOW) SHOULD
REMAIN AND QUIETLY TAKE SUCH PART AS ADVISABLE AND NECESSARY
THEREAFTER. HENCE NEED TO APPEAR IF POSSIBLE FOR
"SERVANTS OF GOVERNMENT" RATHER THAN NAMED INDIVIDUALS.
MY HOPE HAD BEEN TO DO THIS WHEN ROWLANDS WAS CALLED IN
DECEMBER.
5.
YOU SHOULD NOT, REPEAT NOT, ENTER WITH ALL GUNS
BLAZING NOR IN ANY WAY CRITICISE MR. JUSTICE YANG OR
APPEAR TO DISAPPROVE OVERTLY OF CONDUCT OF ENQUIRY.
6.
BUT IF PROPER AND CERTAIN OPPORTUNITY OCCURS
SUCCESSFUL
TO SUBMITTING EVIDENCE IRRELEVANT TO TERMS
OF REFERENCE IS BEING CALLED THEN IT WOULD BE FOR DECISION
AFTER DISCUSSION WHETHER IT WAS POLITICALLY WISE SO TO
SUBMIT. SIMILARLY GOVERNMENT MIGHT WISH TO CONSIDER TRYING
TO EXCLUDE IRRELEVANT BUT VERY SENSATIONAL EVIDENCE EVEN
IF SUCCESS NOT CERTAIN. SUCH SUBMISSIONS WOULD BE
IMMEASURABLY MORE DIFFICULT UNLESS STEPS IN PARAGRAPHS
2, 3, 4 AND 5 ABOVE HAVE BEEN TAKEN FIRST.
7.
AS AGREED AT OUR MEETING WITH CHIEF SECRETARY,
GOVERNMENT SHOULD BE VERY SLOW TO HINDER INVESTIGATIVE
ROLE OF COMMISSION SAVE ON SECURITY GROUNDS OR BY PERSUASION.
THIS IS DIFFERENT ALTOGETHER FROM WHAT ATTITUDE IT TURNS
../.
OUT TO BE WISE TO TAKE TO CALLING ALL IRRELEVANT BUT
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