TNAG-1101-FCO40-1351-Legislation-on-homosexuality-in-Hong-Kong-including--Report--1981 — Page 499

Mr Chift HKGD

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NN MacLEELAN

CONFIDENTIAL Covering SECRET

1.

Mr Rushford is away.

Reference

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RLVED IN REMATAY NO. 51 1 8 SEP 1981

DESK OFFICER

INDEX

PA

NO

C.G.E.

1819

Pan isla

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LVIEWS

2. As is clear from Mr Bailey's letter at folio 25, since the documents are not in Mr Blaker's possession or control, we are not faced with the question whether we should claim public interest privilege at this moment. Indeed, the question may never arise since Private Eye may not seek to issue a subpoena duces tecum on the Secretary of State.

22

3. In these circumstances, it is probably premature to try to make up our minds within the Office what our position should be. However, it would not be premature to obtain the fees of the Crown Solicitor- in Hong Kong. The latter's letter of 12 August was written on the premise that the two documents referred to in his second paragraph could be protected by an undertaking with regard to confidentiality. Mr Bailey's letter of 26 August throws out doubt on the value of any undertaking. I think we should go back to Mr Jones on the point. If Mr Bailey agrees we can send him a copy of the letter of 26 August. We should then ask Mr Jones to address himself to the question of public interest privilege, drawing his attention to the fact that the documents fall within categories B and C of your letter of 15 July. In particular you will wish to draw his attention to the consideration that the documents fall within a class as referred to in the last paragraph on page 1 of Mr Bailey's letter.

4.

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When we have received Mr Jones's reply, we can consider whether it is worthwhile going back to Mr Bailey, or wait until a subpoena materialises.

of

Paul Fifoot

Legal Counsellor

CODE 18-77

SS 8/78

11 September 1981

Mr Sewell

Mr. Willingvon J16.4

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Aft K Mr. Jares of. Tsy Solicitor's Office

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Mr Englert have spelt the

The matter out a

little

in the hope of getting a fuller response.

CONFIDENTIAL Covering SECRET

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