TNAG-2389-FCO40-3471-Extradition-from-the-UK-to-Hong-Kong-case-of-Lorrain-Esme-Os-1991 — Page 120

TREA

SOLICITOR

THE TREASURY SOLICITOR Queen Anne's Chambers

28 Broadway London SW1H 9JS Telephones Direct Line

071-210

Switchboard 071-210 3000

GTN

210

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

ce.

Mr. Moms HKD

Mr. Yaghmounion, SEAD

Ms. Barnell, Asst. Leg & Adviser

Telex 917564

Nigel Padar

DX No. 2318 Victoria

Nigel Parker Esq

Please quote

K275

L91/JZ

2703567

17

Legal Advisers Branch

Foreign & Commonwealth Office

Your reference

London SW1

Date

July 1991

CONFIDENTIAL

Received 1/7/91

NF

Dear Nigel

LORRAIN OSMAN - DISCOVERY OF DOCUMENTS

I enclose for your information a copy of a letter received from Messrs Clifford Chance together with copies of those enclosures. I must admit at first lush I was somewhat alarmed to see that

see that these documents existed. I should be grateful if you would kindly let me have your comments on the letter of Clifford Chance, and in particular whether or not the telegrams are on your files.

If the telegrams are on Foreign Office files, it may be incumbent upon us to provide an explanation as to why the existence of these document、 was not provided beforehand. Further, I suspect that we must be ready to fend off an accusation from Osman's representatives that if we have failed to discover documents such as these, this must lead to the suspicion that we are withholding other documents. I would be anxious not to let such an argument even get off the ground. Accordingly, further consideration must be given to what other documents exist on file.

I have, however, had the opportunity of discussing the matter with Clare Montgomery. It is clear that if these documents are potentially discoverable then they would also come within Category C of the PII certificate signed by Francis Maude. However, we may in fact be able to avoid disclosing the existence of these documents simply on the grounds that they are not contained within the original order for discovery. Whilst I have noted the views of Carolyn Martin in paragraph 3 of her letter, nonetheless I am anxious if possible to avoid opening a fresh can of worms, particularly when the old can of worms has long since been disposed of.

I hope to be discussing this matter later on in the week with Clare Montgomery, but in the meantime I would be grateful for your urgent comments.

Yours sincerely

JONATHAN ZIEGEL'

for Treasury Solicitor

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