CONFIDENTIAL
49942 1
Gdy
PP HONG KONG
GRS 177
CONFIDENTIAL
FM FCO 161725Z FEB 82
TO PRIORITY HONG KONG
TELEGRAM NUMBER 95 OF 16 FEBRUARY
PERSONAL FOR GOVERNOR FROM CLIFT
YOUR TELNO 140: BLAKER/PRIVATE EYE
!
Hkk 380/2
BY NO. 51
OUR
1.
WE HAVE CONSIDERED THIS HELPFUL SUGGESTION CAREFULLY.
VIEW AFTER TAKING LEGAL ADVICE IS THAT WE MUST BE PARTIUULARLY
CAREFUL IN THIS TYPE OF CASE TO AVOID GIVING THE IMPRESSION
THAT HMG OR ITS AGENCIES ARE VOLUNTEERING ASSISTANCE TO JUST ONE
SIDE IN A CIVIL ACTION TO WHICH THE CROWN IS NOT A PARTY. THIS
IS OF COURSE NECESSARY EVEN THOUGH THE PARTY CONCERNED IS A
MINISTER OF THE CROWN SUING IN HIS PRIVATE CAPACITY. INDEED
IN VIEW OF PRIVATE EYE'S CRITICISMS OF HMG IN THE HELEN SMITH
CASE (UNFOUNDED, BUT ALLEGING THAT WE ARE WRONGLY ASSISTING A
CROWN SERVANT IN HIS LIBEL ACTION AGAINST THEM) IT IS EVEN MORE
IMPORTANT TO BE STRICTLY IMPARTIAL. THIS MEANS THAT WE SHOULD
NOT VOLUNTEER TO MR BLAKER'S SOLICITORS TO PRODUCE THESE TELE-
GRAMS. IF A SUBPOENA WERE SERVED DEMANDING THESE OR SIMILAR
PAPERS WE SHOULD HAVE TO CONSIDER WHETHER TO CLAIM OR WAIVE PRIVILEGE FOR THE DOCUMENTS.
CARRINGTON
, ༠॰ མནཾ
BY
See(31
NNNN
MINIMAL
HKG D
LEGAL ADVISERS
COPY TO: SIR J CATER,
HONG KONG GOVERNMENT OFFICE,
LONDON
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