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Barker in the previous week, he had not given any indication that he was ready to resign, even though he had offered to do so last year. He thought that he might react to any pressure for him to resign by saying that it was unfair to force him out now when he had given up drink and was performing reasonably well and that if we wanted to do this we should appoint a tribunal. He would personally advise against such a course unless the evidence was incontrovertible. suggested that Mr Justice Barker should continue to be required to attend a regular medical examination. If this showed signs that he had started to drink again it would be possible to require him to resign on medical grounds. The CJ Designate noted that Dr Chen had said that if this happened he would indeed recommend that a Medical Board be set up.
9.
He
The CJ said that his impression was that if offered a sufficiently attractive financial package Mr Justice Barker might be prepared to resign if enough pressure was put on him. The Governor said that his present tour was due to end in December 1988. He would then be eligible for a net gratuity of HK$550,000. However, he would be eligible to transfer to pensionable terms once the new scheme was introduced during the summer. After paying back his previous gratuties he would be eligible for a lump sum of HK$880,000 plus a pension of HK$10,000 per month.
10. The Governor asked if the presence of Mr Justice Barker on the Court of Appeal lessened its authority. The CJ Designate said that Lord Benson had overstated the case but he was concerned about the standing of the Judiciary in the community. The Governor asked if there was any possibility of seconding Mr Justice Barker to nonjudicial work for the rest of the year. The CJ said that it would be possible to find some non-judicial work arising from the Robinson Report. Once he was taken off the Court of Appeal however it would be very difficult to reinstate him at a later date. If therefore he did not agree to resign at the end of his present contract it would be necessary to keep him on non-judicial work. He was also concerned that such a move would lead to public speculation. The Governor said that speculation was bound to take place whatever action was taken.
11.
The Governor said that in the circumstances he thought the best solution would be for the CJ to see Mr Justice Barker and tell him that his conduct during the Carrian case had been reprehensible and that because of this and the attitude of his colleagues he would be moved from the Court of Appeal to non-judicial work. The CJ should then explain to him that it would be in the best interests of all if he were to resign when his present contract expired at the end of the year. If he agreed, he would be allowed to transfer to pensionable
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