TNAG-1101-FCO40-1351-Legislation-on-homosexuality-in-Hong-Kong-including--Report--1981 — Page 511

Notwithstanding what is said in Messrs. Oswald Hickson's letter i.e.

that the letters and other communications from Members of Parliament

to you [Mr Blaker] are 'relevant', I think that this description was used

loosely. I believe that neither the solicitors nor Counsel for the Plaintiff consider that these documents relate to any of the matters in question in the proceedings, and it is not proposed to disclose them

to the Defendants' solicitors. In any event, there can be no question of any claim for public interest immunity being made for any of the correspondence passing between the (then) Minister of State and a Member

of Parliament.

In many

Finally, the. draft replies to Parliamentary Questions raise another and difficult problem. I think you will agree that draft replies to PQs very often show the thinking of the Government machine.

respects, they could be very sensitive documents. For instance, they may show alterations reflecting current changes in policy. I doubt whether disclosure of any of the draft replies sent with your letter would be likely to cause injury to the public interest. However, I think that if a subpoena duces tecum were to be served which sufficiently identifies such documentation, serious thought would have to be given to whether or not they fall within a class of documents for which immunity should be claimed. In passing, perhaps I should say that it may follow from the fact that Parliamentary privilege prevents the use of extracts from Hansard in a way which might involve questioning what was said in the

it House that logically extends to the use of draft answers to PQs for the same purpose. In this context, you may like to look at Church of Scientology v Johnson Smith (1972) 1 QB 522 at page 5290.

I apologise for the length of this letter, but I thought it right to set out the situation as I saw it at some length, so that if the Attorney General agrees with the view that Mr Blaker cannot disclose any of the documents, I could then write to Messrs. Oswald Hickson explaining the position. I return all the papers enclosed with your letter.

Sluperely, При бала

Lu

JB BAILEY

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