"الشيفرات والوثائق السرية: تقارير الحفظ الآمن وتسليم الشهادات الخاصة بالوثائق السرية" [ظ‎‎٩‎٦] (٥٢٣/١٩٧)

of Real and Personal Property did not have the effect of limiting the rights of British subjects on
account of their connexion with a territory not covered by the Convention. The Colonial Office,
who were interested in the case, asked that copies of official despatches, in which
Lord Salisbury's view of the matter had been fully expressed, might be supplied for production
in court. Copies of the relevant despatches were accordingly certified by the Librarian, and
sent to His Majesty's Ambassador at Washington to be handed to the solicitor engaged in
the case.
Case No. 17.
Memorandum, paragraph 20.
L 12*24, 1542 and 2179/1224/405 of 1928.
Proceedings in the Dutch courts were instituted by the British firm of Gilbert
Marchant and Co. against a German firm, Schnabel and Co., who were alleged to have defrauded
them. The German firm in their defence made use of statements contained in a letter written
by one J. Lissauer to His Majesty's Consul-General at Hamburg, and Messrs Gilbert
Marchant and Co. asked to be supplied with a copy of the letter in order to answer Schnabel's
defence. An application had previously been made by them to His Majesty's Consul-General,^
who had refused. It was pointed out to the Consul-General that his action might enable the
firm to claim that their efforts to establish a case against a foreign firm which had defrauded
them, so far from being assisted by the British authorities, were being impeded. It could not
be maintained that the public interest was in any way served by withholding the letter, and
there was the possibility that an order might be obtaned from the Dutch court for its production,
in which case questions of an embarrassing character might arise.
In the absence of any specific reasons which might be advanced by the Consul-General, it
was proposed to supply the firm with a copy of Lissauer's letter. No grounds to the contrary
were advanced, and an uncertified copy of the letter was supplied.
Case No. 18.
Memorandum, paragraphs 20 and 20 (2).
12919/2465 Consr. France 1908.
In 1876 the original or a copy of a document was required in evidence before a civil court in
Germany; on the 3rd January, 1877, the Law Officers advised on this case that " His Majesty's
consular officers abroad should, on the order of local courts, produce copies or originals of
declarations made by them in their official capacity, where such declarations relate to the
interests of individuals only and the public interests are not concerned." It is, however,
conceived that such production would remain voluntary and could not be compelled by the local
courts in so far as the documents were part of the archives.
Case No. 19.
Memorandum, paragraph 20 and 20 (2). ^
12919/2465 Consr. France 1908.
His Majesty's Consul-General at Paris requested instructions regarding the production
in court, if required, of consular registers or consular fee cash books. The plaintiffs in the
proceedings denied the existence of a document alleged to have been signed by them at the
Consulate-General, while the consular fee book showed that a power of attorney had been
executed by them on the date in question. The Consul-General was informed that he might, if
requested, produce in court the fee cash book, or a certified copy of the page required, making,
however, the reservation that he did so by permission of the Secretary of State as a matter of
grace to the court and in order to further the ends of justice.
Case No. 20.
Memorandum, paragraph 20 (2).
T 3377/1498/373 of 1981.
The Passport Control Officer in Paris was asked to produce certain letters from a film
company asking him to grant a visa to one of their employees. These letters were stated to be
material to litigation in the Paris courts between the company and the employee concerned.
Instructions were issued that the letters, being the property of His Majesty's Government,
production of them could not be compelled, but that nevertheless voluntary production might be
made provided it was indicated that this was done as an act of grace.