PERSONAL & STAFF IN CONFIDENCE

Foreign and Commonwealth Office

London SW1A 2AH

28

25 March 1988

DA

N

T S Legg Esq CB

Lord Chancellor's Department

House of Lords

LONDON

SWLA OPW

M Ala waten

من

تکست

25/3

~512

HUD 373/1

ни

25 MAR 1988

HONG KONG JUDICIARY:

MR JUSTICE DENNIS BARKER

You will recall that I consulted you late last year concerning allegations, in letters Lord Benson wrote to the Lord Chancellor and my Secretary of State, about Mr Justice Barker's conduct in the Carrian case and his fitness to hold judicial office. As you may have seen from the newspapers (and I briefly mentioned the matter to James Hanratty last week), Barker has now resigned. His resignation will have effect from 1 January next year

(or possibly later depending upon a pension point) on terms that are on the generous side. In the meanwhile he will be assigned non-judicial duties.

The resignation follows considerable discussion of (and heart searching over) Lord Benson's allegations between the Governor, the then Chief Justice, Sir D Roberts, and his successor, Sir T L Yang, and medical reports on Barker. Barker clearly had a drink problem at the end of last year which was at least part of the trouble. Apparently he has not been drinking during some months this year and the doctor who last examined him considered that he was at present capable of doing his job.

There are, however, apprehensions that if his wife should die (and it is understood she is not expected to live for more than 6-9 months), his condition would deteriorate.

/Public

PERSONAL & STAFF IN CONFIDENCE

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