CONFIDENTIAL STAFF-IN-CONFIDENCE
CONFIDENTIAL
STAFF-IN-CONFIDENCE
FROM HONG KONG
TO PRIORITY FCO
TELNO 4867
OF 211345Z DECEMBER 87
HUD 373/1
104347
MDLIAN 8885
на
PERSONAL FOR PAUL, HKD, FROM GOVERNOR
MIPT : MR JUSTICE BARKER
1. TEXT OF CJ'S LETTER IS AS FOLLOWS:
BEGINS
I HAVE RETAINED THE LETTER FROM LORD BENSON FOR THE MOMENT AND SEND, HEREWITH, MR PRELIMINARY COMMENTS THEREON.
IT SHOULD, PERHAPS, BE NOTED THAT ALTHOUGH THESE COMMENTS WERE MENTIONED TO ME VERBALLY EARLIER IN THE YEAR, THIS IS THE FIRST
TIME I HAVE SEEN THEM IN WRITING OR HAD THE OPPORTUNITY TO COMMENT
ON THEM.
? ORALLY
I MUST BE REMEMBERED, I THINK, THAT LORD BENSON IS, IN A SENSE, A DISGRUNTLED WITNESS, WHOSE TESTIMONY AGAINST THE ACCOUNTANTS (LO AND BEGG) CAN, AT BEST, BE SAID NOT TO HAVE BEEN ACCEPTED. HIS REMARKS MUST THEREFORE BE REGARDED WITH THIS IN MIND.
MANY OF HIS COMPLAINTS ARE AT THE MANNER IN WHICH THE CASE WAS
CONDUCTED WITH CRITICISM AT THE WAY IN WHICH THE TRIAL JUDGE REACHED
SOME OF HIS CONCLUSION.
VARIOUS ASPECTS OF THE CASE HAVE BEEN THE SUBJECT OF AN ATTORNEY
GENERAL'S REFERENCE, UNDER THE CRIMINAL PROCEDURE CODE. IT MIGHT BE AS WELL TO SEND TO LORD BENSON A COPY OF THE COURT OF APPEAL' 'S RULING ON THE QUESTIONS, WHICH WERE PRESENTED TO IT. THIS SHOULD PROVIDE AN ANSWER TO HIM TO SOME OF THE QUESTIONS WHICH HE POSES.
A FAIR NUMBER OF THE MATTERS TO WHICH HE REFERS ARE CRITICISMS OF THE MANNER IN WHICH THE TRIAL WAS CONDUCTED, RATHER THAN OF THE RESULTS REACHED. SOME OF THESE (E.G. UNDUE FAMILIARITY WITH ACCUSED, OVER FRIENDLINESS WITH THE JOURNALISTS) ARE OF NO REAL SUBSTANCE AND ARE MAKE-WEIGHTS TO LORD BENSON'S GENERAL FEELINGS
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OF EXASPERATION.
HE DOES, HOWEVER, EXPRESS A MORE GENERAL ANXIETY AS TO THE EXTENT TO WHICH THE JUDGE EXERTED CONTROL OVER THE PROCEEDINGS AND
HOW FAR HE ALLOWED THE TRIAL TO BE CONDUCTED TIDILY AND WITH A
PROPER REGARD FOR DISCIPLINE.
THESE CRITICISMS ARE RELATED TO HIS FEELINGS THAT THE JUDGE
WAS FAILING TO KEEP A CAREFUL GRIP ON MATTERS, BECAUSE HIS WILL AND PURPOSE WERE BECOMING STEADILY SAPPED BY ALCOHOL AS THE TRIAL PROGRESSED.
THIS WAS ALSO MY IMPRESSION, AND I SPOKE TO THE JUDGE ABOUT THIS DURING THE TRIAL SEVERAL TIMES, THAT HE WAS PERMITTING THE PUBLIC, RIGHTLY OR WRONGLY, TO ASSUME THAT HE WAS AFFECTED BY DRINK, WHETHER OR NOT THIS WERE SO.
SINCE THE TRIAL HAS ENDED, THE JUDGE HAS BEEN TO SEE ME TO
TENDER HIS RESIGNATION ON TWO OCCASIONS
(A) WHEN TARGET CONTAINED A SERIES OF ARTICLES,
CASTIGATING
HIM AS A SOT, A FEW DAYS AFTER THE TRIAL HAD FINISHED:
(B) WHEN THE COURT OF APPEAL HAD EXPRESSED THE OPINION THAT, IN A NUMBER OF RESPECTS, HIS RULING HAD BEEN WRONG IN LAW.
I HAD, ON EACH OCCASION, TOLD HIM THAT I DID NOT WANT TO CONSIDER HIS RESIGNATION AT PRESENT, SINCE
-
(A) WE MUST ALL NECESSARILY MAKE MISTAKES:
(B) I WAS GIVEN TO UNDERSTAND THAT HIS WIFE WOULD BE DEAD INSIDE 6-9 MONTHS AND THAT I DID NOT WANT TO CONSIDER HIS RESIGNATION AGAINST THAT BACKGROUND:
(C)
THAT IT WOULD BE A GREAT HELP IF HE STOPPED DRINKING IN
PUBLIC.
I AM AFRAID THAT (C) HAS BEEN INEFFECTIVE AND THAT HE CONTINUES O HAVE THE REPUTATION FOR PUBLIC DRINKING.
IT MAY BE THAT, EBFORE TAKING THE MATTER FURTHER, IT WOULD BE WISE TO CONSULT DR. K.H. CHIN (WHOM I THINK HAS BEEN SUPERVISING HER CARE) AS TO WHETHER HIS WIFE IS AS CLOSE AS TO THE MARGIN AS
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I HAVE ASSUMED. IF THIS IS NOT SO, IT MAY BE NECESSARY TO THINK AGAIN.
ENDS
WILSON
YYYY
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