06-NOV-1992 19:00
SEAD FCO LONDON
071 270 2196
P.01
117
CODE 18-77
Ms Everett News Dept
10/11 nyt
Plis Dainos Jones fi. then pa.
MALAYSIA/HONG KONG: LORRAIN OSMAN
A copy
was sent to HK 6/12
J.
Woodmon
9/11.
1. We spoke. You have heard from the Financial Times that they have received a copy of one or more classified telegrams connected with the Osman case, either from Osman's Solicitors or from the journalist interested in the case, Kevin Cahill. The public interest immunity certificate issued by the FCO has also been mentioned.
2. We should be grateful if you would speak to the FT along the following lines:
A number of classified FCO documents were released to the Court in the course of Mr Osman's fourth habeas corpus application.
These documents were released to the Court for the purposes of the Court, and not for other purposes.
Although copies of the documents were given to Mr Osman's Solicitors, they have not become public documents.
Anyone coming into possession of copies of the documents should bear in mind that they remain privileged.
The public interest immunity certificate (PIIC) is irrelevant in this context. Its purpose was to prevent further disclosures to the Court; having studied the documents released, the Court decided that they were irrelevant to the case and that the PIIC should be upheld. The PIIC has no direct bearing on the documents released to Osman's Solicitors.
4.
For your information we have considered in the past, when Cahill has threatened to publish one of the confidential telegrams in question, whether it would be in our interests to pursue a prosecution against him. It was decided that we would have no particular interest in doing so, especially as the telegram is not particularly sensitive. You should not,
DM699
HKD 384/1
/therefore