TNAG-0077-FCO40-113-Action-against-Communist-press-1967 — Page 136

Mr. Carter

with 2

I have, as you suggested, discussed with Sir Francis

Herchenroder. He felt that there was very little of any

legal significance for him to comment on, but he did say

that prosecutions for criminal libel were much akin to

prosecutions for seditious libel and were rare.

It is, of

course, possible for both civil and criminal actions to be

taken in appropriate cases, but when this happens it is

customary for criminal action to precede civil action. In

the case of Mr. Li, it was clearly a policy decision that

the Hong Kong Government should prosecute for criminal libel

on Mr. Li's behalf and the Government had clearly consulted

its own Law Officers who were in possession of the relevant

facts.

2. With reference to paragraph 2 of Sir Arthur Galsworthy's minute of 18 July, the second sentence of the draft telegram was not intended to suggest that the Government should take

action on behalf of the civil servant in the same way that

it was proposing to do for Mr. Li. It was merely intended to convey general agreement with the course proposed by the Acting Governor at the same time confirming that it would be

advisable for Government to adopt an impartial attitude in

supporting its own employees as well as the unofficial

members of Government.

3. Government could not, in fact, take action on behalf

of the civil servants since it is a civil action which is

involved. But one cannot say whether the civil servant, when

applying for permission to bring the civil action, was aware that Government was proposing itself to take a criminal prosecution on behalf of Mr. Li; or if he had known, whether

it would have affected his decision to apply for such

permission. In any event, the Government would be wise to

confine its own legal intervention, if it can, to Mr. Li's case (and presumably to others in the same category should they arise). I think it could justify doing so on the

grounds of Mr. Li's position and of the fact that it is giving

financial assistance to the civil servant to bring his civil

action.

4.

Having said all the above, I think it would be better

to omit the second sentence of the draft telegram and let

the first sentence go as it stands.

Discussed with Mes Hart,

(A.W. Gaminara)

20.7.67.

now issue

who agreed with the amended deaft

submitted. AWS Telepam may

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