TNAG-0728-FCO40-931-Appointment-of-Commissioner-Against-Corruption-in-Hong-Kong-1978 — Page 21

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2 MAY 1978

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OUR TELNO SAK; I'UEPENDENT COMMISSIONER ASALHOT CORRUPTION

1. 13 PPCTISED IS TELESPN, UNDER REFERE: CE WE HAVE BOUGHT THE

"IEWS OF THE PERMANENT BECRETAPY TO THE LOTD CHINCELLON UN THE

PROPRIETY OF ILLUTING YANG J TO RETURN TO THE TECH AFTER

APPOINTMENT 3 17AC COPA13310TER. UNFORTUNATELY LOS CH CELLOR'S

OFFICE HAVE REPLIED THAT, WHILE THEY CAT SEE 10 LETAL UDJECTION TO YOUR PROPUSAL, THEY HAVE DOVE RESERVATIONS „OUT WHET ÄR

YANG'S DETURN TO THE BENCH COULD LEAD TO A LOBS OF PU’LIS

CONFIDENCE IN THE 1 PARTIALITY OF THE JUDICIARY. THESE HAVE TIEN

SOTE PRECEDENTS FOR STOLISH JUDGES PETURNING TO THE REC 'FTER

TEINA SECONDED TO NUR-JUSTOTARY POSTS OUT NONE NWI Deek

POLITICALLY SENSITIVE SPRCUIT "ENTS. LOAD CHANCELLOR'S OFFICE SUCCEST THAT IT IS UNSAFE TO HOPE THAT, DUPLC 913 PERIOD OF OFFICE

AT ICAC, YANG WOULD NEVER BECOME INVOLVED JA POLITICAL INSUES TO

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EXTENT THAT YOULD TAKE IT DIFFICULT FOR HI” TO “ULTAIN THE

MS OF PARTIALITY ESSENTIAL ON RETURN TO THE "ERCH. THEY CONCLUDE, THEREFORE, THAT IF YAL IS TO TAKE THE 1010 PPOINTMENT

HE SPOULD ESTON UNCONDITIONALLY FROM THE BENCH.

OTH SINCLAIR AND RUSHFORD ARE PROLINE TO THINK THAT THE

ARGUMENT? CAUST THE APPOTTERT HAVE BEEN OVERSTATED. THEY ARE

207

ESARILY SHAPED BY THE LORD CHANCELLOR AND THE OPTION OPEN TO US THEREFORE WOULD TE TO ASK THE SECRET AY OF STATE FORMALLY TO TEK THE LORD CHANCELLOR'S ADVICE HE, IN DEFTING FOR THE DECRETARY OF "T'TA, JE ROULE ATTE PT TO COULTEN THE ARGUMENTS. YOU MAY FEEL THAT IT SHT E BETTER LOT TO RISK THIS IN CASE IT LEAD TO EVE STRONGER COUNTE POUMENTS. E COULD PSTHAPS GC THE

*

4TH THE APPOINTMENT ON THE STRENOTM OF OUR CUM LEGAL VIES PLUS THE 3SURANCE FROM THE LOPD ON SELLOR'S OFFICE THAT THEY CAL SEE NO LEGAL REPEAT LEO'L OST OLE. IN THIS

35, 17. YOULS POUTAILY TE WEST FOR YAR TO RESIS. FROM THE PEACH,

THER TYM DE RECONJER, NM D. FIDENTIAL ASSURE THAT WOULD BE ALLO EJ TO RETUS SUBJECT CALY TO HIS NOT WISS TECOME INVOLVED I THE ENTIE IS. **YTTES THAT MIGHT LEAVE HIS PARTILITY IN JOUST, (THE CH 17ES OF IT BE FORCED INTO BUCH POSITION MUST # VERY LICIT).

YOU

IT

"Y HOEVER THINK TH*T I VIL OF LL THESE LOUNTS FOULD BE EST TO D'OF THE LE: JF SPROSTIR YAUS. THIS TULL E PITY SUCE HE SEES 3. EXCELLENT CIJ TE FOR THE JOT

PUT GULY HIS COLE IN THE NO KONT JUDICE MAY DO "UGH IPORTAT CIVES THE M NEIL, - YOU HAVE POINTED OUT ALBE THERE, TO MAKE IT › LESS CYP TRIME ZA TEZ CODY.

VINE CEVIOUSLY

CAUTIOUS TO

'JUL- PET^PI

OLE TO PLAY I THIS IT THE

JUSTITIS. 1 *

EXT.

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