TNAG-1210-FCO40-1513-Hong-Kong-laws-on-homosexuality-employment-of-homosexuals-wi-1982 — Page 76

CODE 18.77

Mr Clift HKGD

Reference..

CONFIDENTIAL

HKK 380/2

HKK 380/2

RECEIVED IN 2-mer NO. 51 16 FEB 202

BERTIT SYNE

DECK OUT INDEX

BLAKER v PRIVATE EYE

1. I think it is questionable whether we could sustain any claim of privilege in respect of the telegrams listed in Hong Kong telno 88 of 152February. Moreover, since the Governor is willing to have them produced in court we should need to consider whether to waive any privilege which we might otherwise be entitled to claim.

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2. However, the same principle of neutrality, to which I referred in my minute of 15 February, applies to the production of documents as to the production of people. There is no need for action on our part until one of the parties serves on somebody in this Office a subpoena to produce whatever documents they think will assist their case. At that stage we should have to consider whether to claim privilege for the documents demanded, and for this purpose we should need to consult the Treasury Solicitor and possibly the Attorney-General.

16 February 1982

Ұ.

Bunowo

F Burrows

Legal Counsellor

CONFIDENTIAL