CONFIDENTIAL
HUD 373),
низ
143601
MDHOAN 9907
CONFIDENTIAL
FM FCO
TO IMMEDIATE HONG KONG
TELNO 597
OF 011715Z MARCH 88
FOLLOWING PERSONAL FOR GOVERNOR FROM HUM, HKD
SONAL TO
YOUR TELNO 750: MR JUSTICE BARKER
TOP COPY Q DIST ?
1.
LORD BENSON HAS NOW WRITTEN. TWICE MORE TO THE SECRETARY OF STATE, AND IN QUITE INSISTENT TERMS, DRAWING ATTENTION TO THE NEW WAVE OF COMMENT IN HONG KONG SPARKED OFF BY THE EDITORIALS IN
THE HONG KONG LAW JOURNAL. HE SUGGESTS THAT QUOTE IT WILL NOW
BE IMPOSSIBLE FOR COUNSEL, AND FOR PARTIES INVOLVED IN ANY FORM OF LITIGATION WHO APPEAR BEFORE (MR JUSTICE BARKER), TO HAVE CONFIDENCE IN THE ADMINISTRATION OF JUSTICE UNQUOTE.
2. WHILE WE UNDERSTAND THE NEED FOR A THOROUGH CONSIDERATION OF MR JUSTICE BARKER'S POSITION, THE IMPLICATIONS OF SUCH SPECULATION ABOUT THE JUDGE'S FUTURE FOR THE STANDING OF THE
JUDICIARY IN HONG KONG ARE BECOMING INCREASINGLY WORRYING.
IS ALSO BECOMING INCREASINGLY DIFFICULT TO EXPLAIN TO THE
SECRETARY OF STATE WHY NO CONCLUSIONS HAVE YET BEEN REACHED.
I THINK THAT THE SECRETARY OF STATE WILL
IT
BE VERY RELUCTANT TO SEND TO LORD BENSON A FURTHER TEMPORISING
REPLY.
3. IT WOULD BE MOST HELPFUL IF ROBIN MCLAREN AND I COULD
DISCUSS THE MATTER FURTHER WITH YOU AT OUR MEETING ON 7 MARCH. I
BELIEVE THE SECRETARY OF STATE WILL BE HOPING TO LEARN YOUR
CONCLUSIONS WHEN YOU CALL ON HIM ON 21 MARCH. IN THE MEANTIME I
THINK I CAN DO NO LESS THAN SUBMIT TO THE SECRETARY OF STATE A DRAFT LETTER TO LORD BENSON WHICH, WHILE AGAIN ASSERTING THE NEED TO GIVE THE MATTER THE MOST THOROUGH CONSIDERATION, GOES ON
TO SAY THAT HE WILL BE DISCUSSING THE QUESTION WITH YOU WHEN YOU
RETURN TO LONDON LATER IN THE MONTH.
4. A PARTICULAR ASPECT WHICH WE WILL WISH TO DISCUSS WITH YOU IS WHETHER, NOTWITHSTANDING ANY IMPROVEMENT IN BARKER'S MEDICAL CONDITION (TUR), HIS CONDUCT TAKEN AS A WHOLE IS SUCH AS TO CAST SERIOUS DOUBTS AS TO HIS CAPACITY TO CONTINUE TO HOLD HIGH
JUDICIAL OFFICE. IN THE MEANTIME WE WONDER IF THERE IS ANY
SCOPE FOR RELIEVING MR JUSTICE BARKER OF HIS JUDICIAL DUTIES
UNTIL A DECISION IS TAKEN ON HIS FUTURE, PERHAPS BY FINDING HIM
SOME OTHER TASK, EG A REVIEW OF SOME INTERNAL PROCEDURES OF THE COURT IN THE CONTEXT OF THE ROBINSON REPORT.
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