TNAG-1828-FCO40-2596-Hong-Kong-legal-practitioners-and-judiciary-Jury-(Amendment-1988 — Page 105

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

A, B

ARZABG

CONFIDENTIAL STAFF-IN-CONFIDENCE

HUD 373/1

ний

MAR 1988

Private Secretary

THE CARRIAN TRIAL

Problem

10 1903

FROM:

A R Paul

Hong Kong Department

Mr Fifoot

DATE:

10 March 1988

2

CC:

Mr Giltmore 3

тобы

6 5

Toss or divor

ал

1. Two further letters from Lord Benson, dated 23 and 25 February,

about the conduct of the Carrian trial and calling for the

suspension of Mr Justice Barker from sitting in Court in a judicial

capacity, pending an enquiry into his fitness to act.

Recommendation

2. I recommend that the Secretary of State discusses the matter

with the Governor of Hong Kong at their meeting on 21 March. We

have already put the Governor on notice that this is likely to

happen. I submit a draft interim reply to Lord Benson. A more

substantive reply can be sent after the Secretary of State's meeting

with the Governor.

C

Background

3. Lord Benson has previously written to the Secretary of State

about this matter on 8 and 21 October, 8 December and 5 January.

Lord Benson's latest letters draw attention to editorials in the

Hong Kong Law Journal written by Henry Litton, QC, Leader of the

Hong Kong Bar and others publicising speculation as to Barker J's fitness to continue serving (see highlighted passages at flag A). The Secretary of State sent an interim reply on 21 December. Since

then the Department has been in regular and frequent contact with

CONFIDENTIAL STAFF-IN-CONFIDENCE

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G

H

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