TNAG-1828-FCO40-2596-Hong-Kong-legal-practitioners-and-judiciary-Jury-(Amendment-1988 — Page 88

140902Z

PERSONAL FOR PAUL HKD REFERRED FOR DISTRIBUTION LNMDAN 4951 HMLNAN 0088

CONFIDENTIAL

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STAFF IN CONFIDENCE

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TO DESKBY 140900Z FCO TELNO 1075

OF 14075OZ MARCH 88

HuBold (17

ниб 3737

* MAR 1988

FOLLOWING PERSONAL FOR PAUL, HKD, FROM GOVERNOR

MY TELNO 896: MR JUSTICE BARKER

SUMMARY

1. MR JUSTICE BARKER HAS SUBMITTED A LETTER OF RESIGNATION TO BE EFFECTIVE FROM 1 JANUARY 1989. THE TIMING WOULD ENABLE HIM TO TRANSFER TO MORE FAVOURABLE PENSION ARRANGEMENTS. MEANWHILE HE WILL BE GIVEN NON-JUDICIAL DUTIES. I PROPOSE TO ACCEPT THE RESIGNATION.

DETAIL

2. AS FORESEEN IN TUR, I MET SIR DENYS ROBERTS (CHIEF JUSTICE) AND SIR T L YANG (CHIEF JUSTICE DESIGNATE) ON 4 MARCH. I WENT IN DETAIL THROUGH THE ALLEGATIONS MADE ABOUT MR JUSTICE BARKER'S CONDUCT. I AM SENDING BY BAG A RECORD OF THE MEETING TOGETHER WITH COPIES OF CORRESPONDENCE WITH THE CJ WHICH PRECEDED AND FOLLOWED IT.

3. AT THE MEETING WE DEALT WITH THE FOLLOWING POINTS:

(I) ALLEGATIONS OF INCOMPETENT HANDLING OF THE CARRIAN TRIAL. BOTH SIR D ROBERTS AND SIR T L YANG CONSIDERED THAT THE COURT OF APPEAL HAD DEALT FULLY WITH THE LEGAL ERRORS ARISING DURING THE TRIAL. NO FURTHER ACTION SHOULD BE TAKEN ON ACCOUNT OF THESE. AS TO BARKER'S CONDUCT OF THE TRAIL THE CJ THOUGHT THAT THOSE ON THE PRESECUTION SIDE (INCLUDING LORD BENSON) WOULD INEVITABLY TAKE A DIFFERENT VIEW FROM THE DEFENCE. THE CJ DESIGNATE THOUGHT THAT WHAT HAD BEEN SAID ABOUT THE JUDGE'S BEHAVIOUR IN COURT WAS NOT SUFFICIENT TO JUSTIFY REMOVING HIM FROM OFFICE.

(II) ALLEGATIONS OF UNFITNESS DURING THE CARRIAN TRIAL. BARKER HAD ADMITTED DRINKING TOO MUCH DURING THE COURSE OF THE TRIAL. HIS DOCTOR BELIEVES THAT HE SUFFERED FROM ALCOHOLISM DURING THAT PERIOD: BUT NO MEDICAL ASSESSMENT HAD BEEN MADE AT THE TIME AND IT WAS DIFFICULT TO PROVE ANYTHING IN RETROSPECT. BARKER HAD SINCE STOPPED DRINKING. PRESENT MEDICAL ADVICE SHOWED THAT HE IS FIT TO CARRY OUT HIS DUTIES ALTHOUGH IT REMAINED UNCERTAIN HOW LONG THIS WOULD CONTINUE TO BE SO. THE CJ BELIEVED THAT HIS CONDITION MIGHT WELL DETERIORATE AFTER HIS WIFE'S DEATH.

(III) ALLEGATIONS OF MISCONDUCT. THESE CENTRED ON ACCUSATIONS THAT BARKER HAD TALKED INDISCREETLY ABOUT THE CASE AND HAD ATTENDED A PARTY HOSTED BY SOLICITORS FOR THE DEFENCE. BARKER HAD ADMITTED THE SUBSTANCE OF THESE ALLEGATIONS. THE CJ THOUGHT

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