TNAG-0728-FCO40-931-Appointment-of-Commissioner-Against-Corruption-in-Hong-Kong-1978 — Page 40

1350

IMMEDIATE CYPHER/CAT A

FM HONG KONG 217325Z

CONFIDENHAL

TOP COGY

HKK

RECEIVED IN

AY ko. $1

21 APR 1978

CONFIDENTIAL

STAFF-IN-CONFIDENCE

DESK OFFIC

3

INDEX

PA

REGISTRY Action Taken

TO IMMEDIATE F.C.O TELNO.513 OF 21 APRIL 78. NO

MIPT: APPOINTMENTS OF ROBERTS AND YANG.

9

1. WHEN I INFORMED THE CHIEF JUSTICE OF THE PROPOSED APPOINTMENTS

OF ROBERTS AND YANG HE WARNED ME THERE WOULD BE A STRONGLY ADVERSE

REACTION AMONGST THE JUDICIARY, THE BAR AND THE PUBLIC:-

(A) ROBERTS:

(1) HE ACCEPTED HIS ABILITY AND SUITABILITY FOR THE JOB, BUT

MAINTAINED THE APPOINTMENT CONFLICTED WITH THE INDEPENDENCE OF

THE JUDICIARY, WOULD BE RESISTED BY THE PROFESSION, AND BE SEEN BY THE PUBLIC AS AN ATTEMPT BY THE GOVERNMENT TO INFLUENCE THE

JUDICIARY.

11) SUBSIDIARY CRITICISMS WERE THAT ROBERTS HAD NOT BEEN IN COURT FOR AT LEAST TEN YEARS, AND THAT IT WOULD BE DIFFICULT FOR HIM TO ADJUDICATE ON THE MEANING OF WORDS IN ORDINANCES WHEN HE

HAD BEEN INVOLVED IN THEIR DRAFTING.

(B)

T.L. YANG:

(1) HE AGREED THAT YANG WOULD MAKE AN EXCELLENT COMMISSIONER AGAINST CORRUPTION, BUT SAID THAT TO SECOND HIM TO THE COMMISSION

AND SUBSEQUENTLY RETURN HIM TO THE BENCH WOULD BE CONTRARY TO

THE INDEPENDENCE OF THE JUDICIARY. THERE WOULD BE NO OBJECTION

IF HE RESIGNED FROM THE BENCH. HE AGREED THAT THE EXPERIENCE

WOULD BROADEN YANG AND THAT THE SECONDMENT OF JUDGES, E.G TO BE CHAIRMEN OF COMMISSIONS OF ENQUIRY, WAS A USUAL PRACTICE, BUT HE

MAINTAINED THAT THE ICAC WAS ESSENTIALLY A LAW ENFORCEMENT AGENCY AND THAT A JUDGE COULD NOT, WITH PROPRIETY, RETURN TO THE BENCH AFTER DIRECTING IT, AND BE SEEN STILL TO RETAIN HIS IMPARTIALITY

AND INDEPENDENCE.

12. THE ACHING,

CONFIDENTAL