TNAG-0491-FCO40-556-Allegations-of-bribery-and-corruption-in-Hong-Kong-police-an-1974 — Page 49

GRS CHE

CYPHER CAT/A

14 HONG KONG 100200Z

CONFIDENTIAL

REGIS. 10 Out

RECEIV

AKKI

211

TO ROUTINE F C O TELEGRAM NUMBER 1007 OF 10 OCTOBER,1974.

PARAGRAPH 1 OF YOUR TELNO 866 GODBER EXTRADITION.

WE DO NOT UNDERSTAND THE ALLEGATION THAT

CONFIDENTIAL

FILE IS HELD UP IN LEGAL DEPARTMENT OR THE BASIS OF PRENDERGAST'S

ENQUIRY WHETHER THE FILE CAN BE MADE AVAILABLE TO THE DEFENCE.

THE POSITION IS THAT GUNSTON'S REQUEST FOR COPIES OF CONFIDENTIAL FILE WAS ANSWERED BY COLONIAL SECRETARIAT BY

LETTER DATED 12 SEPTEMBER AS FOLLOWS - '' REFER TO YOUR REQUEST

FOR COPIES OF THE CONFIDENTIAL REPORTS ON

I AM ADVISED THAT STAFF REPORTS BELONG TO A CLASS OF DOCUMENTS

FOR WHICH CROWN PRIVILEGE MAY PROPERLY BE CLAIMED. HOWEVER CONSIDERATION WILL BE GIVEN TO WAIVING CROWN PRIVILEGE IF

PRIVILEGED DOCUMENTS CONTAIN MATERIAL RELEVANT TO THE FACTS IN

ISSUE IN A CRIMINAL TRIAL. IT WOULD BE IMPROPER FOR ME TO

DISCLOSE REPORTS COVERING

ENTIRE CAREER WITH THE

ROYAL HONG KONG POLICE FORCE UNLESS THESE DOCUMENTS CAN BE

SHOWN TO BE RELEVANT TO THE CHARGE AGAINST YOUR CLIENT."!

2. GUNSTON ACKNOWLEDGED THIS LETTER ON 14 SEPTEMBER STATING

THAT INSTRUCTIONS WERE BEING TAKEN THEREON. NOTHING FURTHER

HAS BEEN HEARD FROM GUNSTON ON THIS ISSUE. YOU MAY FEEL THAT

RUSSELLS SHOULD BE INFORMED OF THE FOREGOING AND THAT AS AT

PRESENT ADVISED OUR ATTITUDE IS UNCHANGED. RUSSELLS MAY FEEL

THAT GODBER'S LONDON SOLICITORS SHOULD ALSO BE ADVISED OF

OUR POSITION, WE THINK IT IS FOR THE PARTY SEEKING PRODUCTION

OF DOCUMENTS TO ESTABLISH RELEVANCY AND WOULD BE HAPPY TO. PUT

FILE BEFORE THE MAGISTRATE FOR THAT ISSUE TO BE

DETERMINED. WE WOULD PROBABLY ALSO WANT THE ISSUE OF PRIVILEGE FULLY ARGUED ON OUR BEHALF BUT THE COLONIAL SECRETARY HAS NOT

YET DEEN ASKED WHETHER PRIVILEGE SHOULD BE CLAIMED.

MACLEHOSE

FILES

NKIOD (4)

N & T D

LEGAL ADVISERS

NEWS D

SIR D WATSON MR WILFORD HR SCOTT