TNAG-0728-FCO40-931-Appointment-of-Commissioner-Against-Corruption-in-Hong-Kong-1978 — Page 18

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Mr Murray

Mr Cortazz

AKK 1014.

P.S. to Lord Somoning. Roberts No a

PA

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HONG KONG: APPOINTMENT OF A NEW COMMISSIONER AGAINST CORRUPTION

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The Governor has asked for our approval of the appointment of Sir Donald Luddington, presently Chairman of the Public Services Commission in Hong Kong, as Commissioner against Corruption in succession to Mr Cater.

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Sir Donald was originally the Governor's second choice,

after Judge T L Yang. However, the Chief Justice of Hong Kong expressed serious reservations about Judge Yang's stipulation that he would only accept the post if he could be given an assurance that he could subsequently return to the Bench. The Chief Justice feared that this might lead to doubts about the

independence of the judiciary.

3. As a result, the Governor asked us for legal advice on the propriety of the proposed secondment. We, therefore, consulted the Lord Chancellor's Office who replied that, while there was no apparent legal objection, there must indeed be the danger of a loss of public confidence in the impartiality of the judiciary. Our own Legal Advisers thought that the danger had been over- stated. Nonetheless, after discussion with Mr Cater, the Governor decided to proceed with Judge Yang. He has, therefore, approached Sir Donald, who has agreed to serve.

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The post of Commissioner Against Corruption is in the Governor's own gift and does not strictly require our approval. But since the Governor has asked for it I recommend that our formal agreement to the appointment should be given.

Sir Donald, whose curriculum vitae is attached, is a perfectly worthy candidate who, I am sure, can be relied upon to do the job competently. I attach a draft telegram.

W.E. Quantill

WE Quantrill

Hong Kong & General Dept

25 May 1978

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