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Mr McLaren
Minute
M
Private Secretary
CONFIDENTIAL
4 MAR 1988
Secetay
# 122 1
18
FROM
A R Paul
DATE :
CC
THE CARRIAN TRIAL: MR JUSTICE BARKER
Hong Kong Department
14 March 1988
Mr Fifoot,
Deputy Legal Adviser
HUD
573|1
A, B 1. The Secretary of State will wish to be aware of the attached
telegrams from the Governor of Hong Kong, received today, informing
us that Mr Justice Barker has submitted a letter of resignation, to
be effective from 1 January 1989. The timing is designed to enable
him to transfer to more favourable superannuation arrangements.
the meantime he will be given non-judicial duties.
2.
erous
In
The Governor proposes to accept the resignation on 16 March: he
considers that "delayed resignation, coupled with non-judicial
duties in the interim, constitutes a reasonable solution to this
unhappy case". I agree that, although on the genuous side, it is as
satisfactory a solution as the circumstances allow. Both the Chief Justice and the Chief Justice designate were against the appointment
of a Tribunal to consider and advise on Mr Justice Barker's capacity
to continue in office (a conclusion with which Legal Advisers
agree); the course proposed takes account of the need to maintain
the reputation of the judiciary and the desirability of treating Mr
Justice Barker humanely in the light of his wife's serious medical
condition. There may will be criticism of an arrangement which will
allow Mr Justice Barker to enhance his financial position, but it is
to be hoped that his resignation and removal from judicial duties will protect the judicial system. (We have noted the present Chief Justice's fears that Mr Justice Barker's condition might deteriorate
following his wife's death and will be consulting the Governor on
what steps might be taken in that eventuality).
CONFIDENTIAL
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