2603
"documents
dealing with the investigation, prosecution
and/or the extradition of Mr Osman."
I attach a copy of my letter of 10 May 1990 to Mr Ash of the Treasury Solicitors, paragraph 2 of which records that:
"We decided that at this stage we should give the phrase a wide interpretation and include general references to the investigation process where Osman is not named and telegrams dealing with the answers to PQs where the subject matter (eg length of proceedings) was raised by Osman in his present habeas corpus application. We decided to include in particular the correspondence about whether the publication of the Noordin Committee Report would prejudice forthcoming trials in Hong Kong."
That letter enclosed copies of a number of documents, including the four telegrams in question as part of a category (b). The letter commented on the documents in category (b) as follows:
"These deal mainly with the publication of the Noordin Committee Report but
...
are so peripheral to the issue of
any prejudicial effect on trials in Hong Kong that I think they can be considered irrelevant."
This view was agreed and so the documents were not listed in the schedule to our PII certificate.
I believe that the reason why these four telegrams were judged to be irrelevant is that they do not contain any discussion of the question whether publication of the Noordin Committee Report would prejudice forthcoming trials in Hong Kong. Telegrams 003 and 005 refer respectively to the 'legal position' and the 'legal implications' of publishing the Report. Telegrams 002 and 004 make reference to there being an issue as to whether publication would prejudice trials in Hong Kong but none of these telegrams discuss or deal with the issue itself. Of course, the issue of possible prejudice to trials in Hong Kong was dealt with in a number of other listed telegrams as follows:
Telegram No
Date
No in Schedule to UK Certificate
No in Schedule to Hong Kong Certificate
29
18.7.85
28
36
24.7.85
30
32
26.7.85
33
51
9.12.85
41
21
23
32
(wrongly dated
9.12.86)
2786
10.12.85
42
40
11.12.85
44
54
12.12.85
45
42
12.12.85
46
55
13.12.85
47
390
5.2.86
54
mmmm I
34
37
38
39
40
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