TNAG-2388-FCO40-3470-Extradition-from-the-UK-to-Hong-Kong-case-of-Lorrain-Esme-Os-1991 — Page 109

4.

I object to the disclosure of the documents which fall within categories

A and B above by virtue of their being communications concerning

relations, dealings or negotiations between the Government of the United

Kingdom and other governments and upon the basis that the disclosure of

such documents might prejudice relations between Her Majesty's

Government and an overseas government or affect the efficiency of the

Officers concerned in carrying out negotiations or other diplomatic

duties overseas. It has long been recognised that confidential diplomatic

documents passing in the course of or relating to relations between

sovereign states belong to a class of documents which are immune from

production in legal proceedings. This is certainly the case when those

relations are carried on in the traditional manner by diplomatic

communications between governments and their missions overseas and

communications between such missions and the Foreign Ministries of the

sovereign States to which they are accredited. In my opinion it is

essential for the conduct of diplomatic relations that the governments of

other countries should be able to communicate with the United Kingdom

Government in the knowledge that those communications will not be

liable to be produced and discussed in open Court.

7.

6