CONFIDENTIAL STAFF-IN-CONFIDENCE
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the Governor about the position of Mr Justice Barker. I attach:
(i)
Hong Kong telnos 4866 and 4867 of 21 December reporting
the Governor's conversation with the Chief Justice about the case
(which the Secretary of State has already seen);
(ii) Hong Kong telno 32 of 5 January about medical reports on
Mr Justice Barker and his wife (who is terminally ill with cancer);
(iii) Hong Kong telno 701 of 17 February in which the Governor reports a further series of meetings he has had with the Chief Justice, the Chief Justice (Designate) and the Attorney General;
(iv) FCO telno 478 of 22 February asking about the outcome of a
further medical check up on Mr Justice Barker;
(v) Hong Kong telno 750 of 23 February reporting in reply;
(vi) FCO telno 597 of 1 March, sent in the light of
Lord Benson's latest letter;
(vii) Hong Kong telno 896 in reply.
the
4. Mr Fifoot also discussed the matter with the Governor,
Chief Justice and the Chief Justice (designate) when he was in Hong Kong in January. Amongst other points he sought to obtain their views whether, medically incapacited or not, the judge's conduct was
such that his continued presence on the Bench was a matter of
public scandal. We reverted to this point in our telno 597 (flag
I above).
5.
It is clear from the telegraphic exchanges that the Governor is
in an extremely difficult position. He is receiving conflicting
advice from the Chief Justice and the Chief Justice (Designate) who
is due to take over on 14 March. The state of Mrs Barker's health
is evidently a further inhibiting factor. On the other hand, the affair can only undermine public confidence in the administration of justice in Hong Kong and public dissatisfaction with
Mr Justice Barker will increase. There is very little reassurance
to be derived from the latest medical report on his condition to the
effect that he has ceased drinking for two weeks and that only
addresses one aspect of the problem.
CONFIDENTIAL STAFF-IN-CONFIDENCE