TNAG-0728-FCO40-931-Appointment-of-Commissioner-Against-Corruption-in-Hong-Kong-1978 — Page 27

3

HK 010/4.

MAY 1978

DO HONG KONG

INDEX

PA

GRS 170

DEDIP

CYPHER/CAT A

NO D

FM FCO 021547Z

onden

DEDIP

CONFIDENTIAL

STAFF IN CONFIDENCE

TO IMMEDIATE HONG KONG TELNO 346 OF 2 MAY,

FOR GOVERNOR ONLY FROM LEGAL ADVISER

INDEPENDENT COMMISSIONER AGAINST CORRUPTION.

1. IN OUR OPINION THERE CAN BE NO OBJECTION TO MR JUSTICE YANG TAKING UP THIS APPOINTMENT AND RETURNING TO THE BENCH AFTER THE EXPIRY YANG J WILL OF COURSE BE DISQUALIFIED FROM TRYING CASES WHICH ICAC WAS CONCERNED WITH UNDER HIS DIRECTION.

ย

2. WE CAN SEE NO OBJECTION TO A SIMPLE SECONDMENT OF YANG J WHICH WOULD OF COURSE ENSURE HIS AUTOMATIC RETURN TO THE BENCH. HOWEVER, IF YOU FEEL IT MORE DESIRABLE THAT HE SHOULD RESIGN, WE SHOULD BE PREPARED TO AGREE THAT A CONFIDENTIAL ASSURANCE BE GIVEN TO HIM, THOUGH CARE WOULD NEED TO BE TAKEN OVER ITS WORDING, WHICH WOULD PROBABLY BE IN A FORM SIMILAR TO THAT GIVEN TO SIR D ROBERTS WHEN HE BECAME CHIEF SECRETARY.

3. WE ARE SEEKING THE VIEWS OF THE LORD CHANCELLOR ON THE. PROPRIETY OF YANG J RETURNING TO THE BENCH AFTER A PERIOD AT, ICAC. WE SHALL CONTACT YOU AGAIN WHEN HIS VIEWS ARE MADE

KNOWN.

OWEN