TNAG-1828-FCO40-2596-Hong-Kong-legal-practitioners-and-judiciary-Jury-(Amendment-1988 — Page 106

CONFIDENTIAL STAFF-IN-CONFIDENCE

D

E

F

the Governor about the position of Mr Justice Barker. I attach:

(i)

Hong Kong telnos 4866 and 4867 of 21 December reporting

the Governor's conversation with the Chief Justice about the case

(which the Secretary of State has already seen);

(ii) Hong Kong telno 32 of 5 January about medical reports on

Mr Justice Barker and his wife (who is terminally ill with cancer);

(iii) Hong Kong telno 701 of 17 February in which the Governor reports a further series of meetings he has had with the Chief Justice, the Chief Justice (Designate) and the Attorney General;

(iv) FCO telno 478 of 22 February asking about the outcome of a

further medical check up on Mr Justice Barker;

(v) Hong Kong telno 750 of 23 February reporting in reply;

(vi) FCO telno 597 of 1 March, sent in the light of

Lord Benson's latest letter;

(vii) Hong Kong telno 896 in reply.

the

4. Mr Fifoot also discussed the matter with the Governor,

Chief Justice and the Chief Justice (designate) when he was in Hong Kong in January. Amongst other points he sought to obtain their views whether, medically incapacited or not, the judge's conduct was

such that his continued presence on the Bench was a matter of

public scandal. We reverted to this point in our telno 597 (flag

I above).

5.

It is clear from the telegraphic exchanges that the Governor is

in an extremely difficult position. He is receiving conflicting

advice from the Chief Justice and the Chief Justice (Designate) who

is due to take over on 14 March. The state of Mrs Barker's health

is evidently a further inhibiting factor. On the other hand, the affair can only undermine public confidence in the administration of justice in Hong Kong and public dissatisfaction with

Mr Justice Barker will increase. There is very little reassurance

to be derived from the latest medical report on his condition to the

effect that he has ceased drinking for two weeks and that only

addresses one aspect of the problem.

CONFIDENTIAL STAFF-IN-CONFIDENCE