CONFIDENTIAL STAFF-IN-CONFIDENCE
CONFIDENTIAL
STAFF-IN-CONFIDENCE
FROM HONG KONG
TO PRIORITY FCO
TELNO 4867
OF 211345Z DECEMBER 87
W42
HUD.373/1
104347 MDLIAN 8885
PERSONAL FOR PAUL, HKD, FROM GOVERNOR
MIPT : MR JUSTICE BARKER
1. TEXT OF CJ'S LETTER IS AS FOLLOWS:
BEGINS
I HAVE RETAINED THE LETTER FROM LORD BENSON FOR THE MOMENT AND SEND, HEREWITH, MR PRELIMINARY COMMENTS THEREON.
IT SHOULD, PERHAPS BE NOTED THAT ALTHOUGH THESE COMMENTS WERE MENTIONED TO ME VERBALLY EARLIER IN THE YEAR, THIS IS THE FIRST TIME I HAVE SEEN THEM IN WRITING OR HAD THE OPPORTUNITY TO COMMENT ON THEM.
? ORALLY
I MUST BE REMEMBERED, I THINK, THAT LORD BENSON IS, IN A SENSE, A DISGRUNTLED WITNESS, WHOSE TESTIMONY AGAINST THE ACCOUNTANTS (LO AND BEGG) CAN, AT BEST, BE SAID NOT TO HAVE BEEN ACCEPTED. HIS REMARKS MUST THEREFORE BE REGARDED WITH THIS IN MIND.
MANY OF HIS COMPLAINTS ARE AT THE MANNER IN WHICH THE CASE WAS CONDUCTED WITH CRITICISM AT THE WAY IN WHICH THE TRIAL JUDGE REACHED SOME OF HIS CONCLUSION.
VARIOUS ASPECTS OF THE CASE HAVE BEEN THE SUBJECT OF AN ATTORNEY GENERAL'S REFERENCE, UNDER THE CRIMINAL PROCEDURE CODE. IT MIGHT BE AS WELL TO SEND TO LORD BENSON A COPY OF THE COURT OF APPEAL'S RULING ON THE QUESTIONS, WHICH WERE PRESENTED TO IT. THIS SHOULD PROVIDE AN ANSWER TO HIM TO SOME OF THE QUESTIONS WHICH HE POSES.
A FAIR NUMBER OF THE MATTERS TO WHICH HE REFERS ARE CRITICISMS OF THE MANNER IN WHICH THE TRIAL WAS CONDUCTED, RATHER THAN OF THE RESULTS REACHED. SOME OF THESE (E.G. UNDUE FAMILIARITY WITH ACCUSED, OVER FRIENDLINESS WITH THE JOURNALISTS) ARE OF NO REAL SUBSTANCE AND ARE MAKE-WEIGHTS TO LORD BENSON'S GENERAL FEELINGS
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CONFIDENTIAL STAFF-IN-CONFIDENCE