TNAG-1828-FCO40-2596-Hong-Kong-legal-practitioners-and-judiciary-Jury-(Amendment-1988 — Page 72

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

PERSONAL CONFIDE

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2

Further enquiller into the shop incident show that it was Nobably

ই muslaker ideality

I think that, if pressure were applied to him, he would be ready to resign his position, at least after her death, without formal proceedings, which are to be avoided if possible.

If further enquiries into the shop incident show that he has not been telling the truth, then I fear that pressure ought to be put on him to resign, in the near future, even if this means that we are accused of inhumanity, though some provision should be made to allow his wife to remain in a government quarter for a generous time, perhaps long enough for her to die there.

If the radio shop enquiries are inconclusive, or show that he has been telling the truth, then Sir T.L. Yang thinks, if I understand him correctly, that steps should be taken to get rid of Barker in any

event.

He believes that the judge is so damaged in the eyes of the profession and of his colleagues that he should be removed forthwith, if necessary by offering him generous terms of resignation.

I am naturally reluctant to leave my successor with a thorn which will, I am afraid, grow more painful as the years go by. But if the radio shop is inconclusive, I suggest that we shall have to be generous in our treatment of him. This may mean asking him to resign at the end of the year, assuming that the wife will survive until the middle of 1988.

I assume that his medical reports will continue to be good until after she has died, which seems likely. If they deteriorate, he can be removed on medical grounds forthwith.

I am not in favour of instituting a formal enquiry;

To summarize

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(a)

(b)

(c)

if Barker is not shown to have lied with regard to the radio shop, he should be asked to resign from about the end of the year;

if Barker is shown to have lied about the radio shop, he should be asked to leave in the near future, his wife's condition being taken into account;

CONFIDENTIAL

Cont'd

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