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首席按察司辦公室
香港最高法院
PERSONAL CONFIDENTIAL
His Excellency the Governor,
Government House,
HONG KONG.
Dear David,
Mr. Justice Barker
CHIEF JUSTICE'S CHAMBERS SUPREME COURT
HONG KONG
5th February, 1988.
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I have passed on my minute to Sir T.L. Yang, in order to give him a chance to comment on it, since he took a rather different attitude to mine as to the right course to adopt. He will comment to you directly as to his views on how the matter ought to be resolved.
I attach a further minute from me on the conduct of Barker, J. A. since the Carrian Case.
As you will see, I have come to the conclusion, with hesitation, that Barker will continue to perform adequately on the Court of. Appeal for as long as his wife survives.
I indicated in my letter to you of 10th December that the judge had twice offered me his resignation. I told him that I did not want to consider his resignation against the background of his wife's death in the next 6-9 months.
The doctors have since confirmed that their earlier diagnosis of her was correct and that she is likely to deteriorate fast before the middle of the year.
She has made enquiries of a centre for faith-healing in Bristol and awaits a reply before taking any action.
I have tried to assess (though it is not easy) how far I have been influenced by my knowledge of Barker's wife's condition.
I confess that it has been considerable. If it were not for her, I would have been inclined to accept his resignation last year. Because of her, I was reluctant to do so then and remain so now.
CONFIDENTIAL
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Cont'd