6.
as
If
Ian Sinclair and I have advised that this would be all right. an A.G. (with his special responsibility for prosecutions as well as his membership of the Executive Government) can become a C.J. has happened in the past in this country and in the Colonies (although as regards the latter it frequently involved a transfer from one territory to another, e.g. Michael Hogan from A.G. Federation of Malaya to C.J. Hong Kong in 1955), we see no reason of principle why a head of a special investigatory body such as ICAC should not be seconded from and return to the bench. If he does, there may be some cases on which he should not sit, but this should not present any difficulty with a large High Court as in Hong Kong.
7. As Head of the Independent Commission Against Corruption, Yang J wouk be in charge of an organisation set up in 1974 with three principal functions:
(i) To investigate allegations of corruption in both the private and public sectors in Hong Kong;
(ii) To prevent corruption by examining the procedures
of Government Departments and public bodies, and recommending changes in any that they believe to be conducive to corrupt practices;
(iii) To educate the public on the evils of corruption
and involve them in the Government campaign to eradicate it.
In carrying out the first of these functions, the Commission itself does not take any of its cases to the stage of prosecution. A senior professional officer from the Attorney-General's Chambers, supported by Crown Counsel, is attached to the Commission and directs the prosecution of corruption cases on behalf of the Attorney- General.
8.
We should be grateful to know if you agree with the view taken by Sinclair and myself. If so, we should like to be able to mention it in a telegram to the Governor which he could show to his C.J. Chief Secretary and A.G.
Yours
overs Grov
Antony Rushford
A R RUSHFORD
Deputy Legal Adviser.
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