(vi)
首席按察司辦公室
香港最高法院
PERSONAL CONFIDENTIAL
His Excellency the Governor,
Government House,
HONG KONG.
dean Governor.
در در
My de xu
£
CHIEF JUSTICE'S CHAMBERS
SUPREME COURT
HONG KONG
26th February, 1988.
15 16 17
18
211221
19/20/21
RECEIVED
26 FEB 1988
Mr. Justice Barker
60 90
20/30130
5020
Please refer to your letter of 20th February, which had already been relayed to me by telex, through the British High Commissioner.
I held meetings this morning, firstly with Sir T.L. Yang, and thereafter with him and Barker, J.A.,
It was apparent, during the discussions with Sir T.L. before the meeting with Barker, J.A. and during our discussions with the latter, that Sir T.L. took a stronger view than I do about the need for the Judge to resign.
He was insistent, in discussions with me and before the Judge, that Barker, J.A. should consider resigning as soon as possible, on the main ground that, as a result of Barker's drinking and ill-advised behaviour, the latter had lost the confidence of all his colleagues on the Court of Appeal as well as a number of High Court Judges and many of the prominent members of the Bar. Sir T.L. did not think that solicitors or members of the Attorney General's Chambers had formed the same views.
There is no doubt that current medical reports from Dr. Chin suggest that Barker, J.A's progress has been maintained from a medical point of view and that at present he is fit to perform his duties in the Court of Appeal.
As it seems likely that he will continue to keep away from drink as long as his wife is alive, his present condition cannot be a proper ground for his removal.
Barker, J.A. did not dispute the suggestion that he had been most unwise to attend the drinks party. Nor that he had discussed the case unwisely or had drunk too often. But at no point did he suggest that he would resign in advance of his time, which is mid-1991.
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