TNAG-0728-FCO40-931-Appointment-of-Commissioner-Against-Corruption-in-Hong-Kong-1978 — Page 28

STAFF IN CONFIDENC

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J W Bourne Esq CB Lord Chancellor's Office House of Lords London SW1A OPW

My dear Wilfred

HONG KONG: PROPOSED APPOINTMENTS

Foreign and Commonwealth Office

London SWIA ZAH

2 Ma 4978-

AKK 010/LK.

- 3 MAY 1978

FOK OFFIC

INDEX

RY

Actidh Taken

M

I have been asked to consult you about certain proposals received from the Governor of Hong Kong which are discussed in the attached telegram.

2. Stated briefly, the Governor's proposals are as follows:

3.

(a) the present Chief Justice (Sir Geoffrey Briggs) to be replaced on his retirement in May 1979 by Sir Denys Roberts, at present Chief Secretary but formerly Attorney- General of Hong Kong;

(b) Roberts to be replaced as Chief Secretary by Jack Cater, at present head of the Independent Commission against Corruption;

(c) Cater to be replaced as head of ICAC by yang, J,

one of the two Chinese judges on the High Court.

Roberts was selected as Chief Justice on the retirement of Rigby C.J. in 1973; Roberts was at the time Attorney-General of Hong Kong. After Roberts' appointment as C.J. had been approved by Her Majesty, he was offered and accepted the post of Chief Secretary in Hong Kong. His acceptance of the post of Chief Secretary was conditional on the following assurance given by the Governor in a letter of 15 March 1973 at the request of the FCO:

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"Your acceptance of this appointment would not preclude you from consideration for appointment as Chief Justice, Hong Kong, when that post next falls vacant, though you should appreciate that the question of your suitability for appointment as Chief Justice would then have to be assessed again from every point of view."

Roberts is as good a candidate for the post of C.J. as we are likely to find and we are willing to run the risk of criticism of his appointment as such deriving from his previous tenure of the posts of A.G. and Chief Secretary.

5.

Yang wishes to return to the bench after his stint as head of ICAC and seeks an assurance that he will be allowed to do so.

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CONFIDENTIAL: STAFF IN CONFIDENCE