TNAG-2388-FCO40-3470-Extradition-from-the-UK-to-Hong-Kong-case-of-Lorrain-Esme-Os-1991 — Page 83

TREASURY

FOLICITOR

THE TREASURY SOLICITOR Quen Anne's Chambers

28 Broadway London SWIH 9JS Telephones Direct Line

071-2103462

Switchboard 071-210 3000

GTN 210

Telex 917564

DX No. 2318 Victoria

Fax Nos. 071-222 6006 - 071-210 3488

1

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cc Mr Guy

SEAD

(T)

Mu Sainty HKD

2. Back to me

NA

22/3

Nigel Parker Esq

Legal Adviser

Foreign and Commonwealth Office

Downing Street

Dear Nigel,

Please quote

L88/5731/NA

Your reference

Date

20 March 1991

MAX BATES

PRU

MA HODGE SECKATY

SEEKATY FERT

uvie

You will

that there

wish

to

15

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Dealin

RE: OSMAN

Secundy

We spoke about this matter on the telephone this morning and I enclose herewith copy correspondence that I have received through MacFarlanes from the Attorney General's Chambers, Hong Kong, referring to correspondence between Kevin Cahill and Rita Fan. Kevin Cahill is in possession of one of the documents in respect of which the Divisonal Court has ruled that Public Interest Immunity applies. The Director of Public Prosecutions, Hong Kong, has asked the Treasury Solicitor to comment as to whether Mr Cahill's conduct amounts to contempt of Court. In my view it does not and I enclose herewith a copy of a draft letter which, subject to your instructions, I propose to send to MacFarlanes setting out the reason why I hold that view.

There is nothing to suggest how Kevin Cahill came by this document or to suggest what other of the privileged documents he may possess. His letter refers to a forthcoming book and documentary in which he threatens to use this teiex and other documents. The FCO could contemplate bringing some form of injunctive proceedings against Mr Cahill to restrain the use of this and possibly other documents but this is a matter of policy in respect of which I presently have no instructions. You will of course recall that this document was one of several which were disclosed voluntarily to Osman's legal advisers at an earlier stage of proceedings prior to the claim of PII. Accordingly, any attempt to restrain the use of such documents now might be fraught with difficulty and some embarrassment. Nevertheless, this is a matter for you and your

adminstrators.

I should be pleased to receive your authority to send the letter to MacFarlanes either as drafted or with amendments as soon as possible.

Yours ever,

N ASH

Nic