TNAG-1701-FCO40-2373-Hong-Kong-Powers-of-Attorney-(Amendment)-Ordinance-1987-1987 — Page 14

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COHACN

HUD 3731

RECEIVED IN REGISTQU

DESIC

INDEA

Pr:

5 JAN 1782

Leue to

ivate Secretary

PA

CONFIDENTIAL

Senetran 4 mm 38

17 DEC 1987,

mue

FROM: CO Hum

1 1912

✓

Hong Kong Department

DATE: 17 December 198

4 8 * cc: Mr Gillmore 3

G Mr Fifoot, Deputy Legal

Adviser

CARRIAN TRIAL: MR JUSTICE BARKER

1.

A

37

You asked for advice on Lord Benson's letter of 8 December, which you sent to me on 15 December.

MUA

2. I attach:

B

19

(i) Lord Benson's two letters of 8 and 21 October;

C

(ii) my submission of 16 October;

46

Ꭰ

(iii) Mr Parker's acknowledgement to Lord Benson, sent on 16

October.

3. The allegations which Lord Benson made about Mr Justice Barker

and his conduct of the Carrian Trial have been taken in hand by the

Governor. He sought our advice on the action which would be taken if similar allegations were made against a British High Court judge, and on his constitutional position. This was given to him at the beginning of November. In the meantime the Attorney-General of Hong Kong had referred to the Court of Appeal a number of points of law which directly called in question decisions of Mr Justice Barker in

the Carrian trial. The Governor decided (quite properly in our view) that he should not pursue the allegations about

Mr Justice Barker's capacity and personal conduct until that

reference had been heard and determined. The reason for this was

that investigation into Mr Justice Barker's capacity and conduct will necessarily involve consultation with, and possible action by,

the Chief Justice, who was presiding in the Court of Appeal on the

reference.

4. The Court of Appeal's judgment was delivered by the Chief Justice on 19 November: it was critical of, and dissented from,

CONFIDENTIAL