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21 APR 1978
CONFIDENTIAL
STAFF-IN-CONFIDENCE
DESK OFFIC
3
INDEX
PA
REGISTRY Action Taken
TO IMMEDIATE F.C.O TELNO.513 OF 21 APRIL 78. NO
MIPT: APPOINTMENTS OF ROBERTS AND YANG.
9
1. WHEN I INFORMED THE CHIEF JUSTICE OF THE PROPOSED APPOINTMENTS
OF ROBERTS AND YANG HE WARNED ME THERE WOULD BE A STRONGLY ADVERSE
REACTION AMONGST THE JUDICIARY, THE BAR AND THE PUBLIC:-
(A) ROBERTS:
(1) HE ACCEPTED HIS ABILITY AND SUITABILITY FOR THE JOB, BUT
MAINTAINED THE APPOINTMENT CONFLICTED WITH THE INDEPENDENCE OF
THE JUDICIARY, WOULD BE RESISTED BY THE PROFESSION, AND BE SEEN BY THE PUBLIC AS AN ATTEMPT BY THE GOVERNMENT TO INFLUENCE THE
JUDICIARY.
11) SUBSIDIARY CRITICISMS WERE THAT ROBERTS HAD NOT BEEN IN COURT FOR AT LEAST TEN YEARS, AND THAT IT WOULD BE DIFFICULT FOR HIM TO ADJUDICATE ON THE MEANING OF WORDS IN ORDINANCES WHEN HE
HAD BEEN INVOLVED IN THEIR DRAFTING.
(B)
T.L. YANG:
(1) HE AGREED THAT YANG WOULD MAKE AN EXCELLENT COMMISSIONER AGAINST CORRUPTION, BUT SAID THAT TO SECOND HIM TO THE COMMISSION
AND SUBSEQUENTLY RETURN HIM TO THE BENCH WOULD BE CONTRARY TO
THE INDEPENDENCE OF THE JUDICIARY. THERE WOULD BE NO OBJECTION
IF HE RESIGNED FROM THE BENCH. HE AGREED THAT THE EXPERIENCE
WOULD BROADEN YANG AND THAT THE SECONDMENT OF JUDGES, E.G TO BE CHAIRMEN OF COMMISSIONS OF ENQUIRY, WAS A USUAL PRACTICE, BUT HE
MAINTAINED THAT THE ICAC WAS ESSENTIALLY A LAW ENFORCEMENT AGENCY AND THAT A JUDGE COULD NOT, WITH PROPRIETY, RETURN TO THE BENCH AFTER DIRECTING IT, AND BE SEEN STILL TO RETAIN HIS IMPARTIALITY
AND INDEPENDENCE.
12. THE ACHING,
CONFIDENTAL