TNAG-0728-FCO40-931-Appointment-of-Commissioner-Against-Corruption-in-Hong-Kong-1978 — Page 17

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31 MAY 1978

PA

PA 87375

TO PRIORITY BUENOS AIRES TELNO.1 OF 24 MAY 78.

FROM GOVERNOR.

Hdl HK +GD

JUSTICE T.L. YANG OF THE HONG KONG SUPREME COURT IS STAYING AT THE SHERATON HOTEL FROM 25-27 MAY, GRATEFUL IF YOU COULD ARRANGE TO PASS HIM THE FOLLOWING MESSAGE FROM ME AND SEND ANY

REPLY.

BEGINS:

про

into con

1. ''AFTER CONSULTING THE FOREIGN OFFICE LEGAL ADVISERS AND THE

LORD CHANCELLOR'S OFFICE, WE HAVE RUN INTO DIFFICULTY OVER YOUR SECONDMENT FROM THE SUPREME COURT TO BE COMMISSIONER AGAINST CORRUPTION. THERE WOULD OBVIOUSLY BE NO OBJECTION TO YOU RESIGNING FROM THE SUPREME COURT AND TAKING THE APPOINTMENT, THEORETICALLY LEAVING OPEN THE QUESTION OF WHETHER YOU WOULD RETURN TO THE COURT AT THE END OF YOUR APPOINTMENT, BUT THIS WOULD LEAVE YOUR FUTURE EXPOSED. WHILE THERE IS NO LEGAL OBJECTION TO SECONDMENT, WITH ITS ASSUMPTION OF AUTOMATIC RETURN

TO THE BENCH, I AM ADVISED THERE COULD BE POLITICAL OBJECTION WHICH CALLED INTO QUESTION THE IMPARTIALITY AND INDEPENDENCE OF

THE JUDICIARY IN GENERAL, AND YOUR OWN ABILITY TO REMAIN IMPARTIAL ON RETURNING TO THE BENCH,1?)

)?0:[email protected] IN HONG KONG AND

LONDON ARE DIVIDED, BUT THE LIKELIHOOD OF CONTROVERSY IS CLEAR.

2. IF YOU WERE TO RESIGN FROM THE BENCH THE FOREIGN OFFICE WOULD BE PREPARED TO GIVE YOU A CONFIDENTIAL LETTER TO THE EFFECT THAT YOU WOULD BE REAPPOINTED TO THE BENCH PROVIDED NOTHING HAD OCCURRED DURING YOUR TENURE OF OFFICE TO RENDER THIS INAPPROPRIATE

(OR WORDS TO THAT EFFECT). SO FAR AS THEY ARE CONCERNED THEY CONSIDER SUCH AN EVENTUALITY MOST UNLIKELY. NEVERTHELESS EVEN

IF SUCH AN ARRANGEMENT GAVE YOU AN ADEQUATE ASSURANCE, ITS SECRECY WOULD BE AN EMBARRASSMENT, AND IF IT WAS THOUGHT EITHER THAT YOU HAD RENOUNCED THE BENCH FOR GOOD, OR THAT YOUR RESIGNATION

WAS A DECEPTION, CRITICISM COULD BE STRONG. I AM MOST ANXIOUS THAT YOUR EVENTUAL POSITION ON THE BENCH SHOULD NOT BE SET AT RISK AND THEREFORE FEEL THAT WE SHOULD DROP THE IDEA OF THIS APPOINTMENT. I AM MOST DISAPPOINTED BUT SEE NO SATISFACTORY

ALTERNATIVE.

MACLEHOSE.'

Copy

ENDS

MACLEHOSE

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