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Judiciary and draw criticism from other quarters. He also says that
Sir Ivo has a greater degree of personal authority than Mr. Blair-Kerr.
The Governor endorses this assessment.
10.
One has therefore to consider whether the seniority factor and
the unsettling effect of passing over Sir Ivo Rigby outweigh the
superior professional qualifications of Mr. Blair-Kerr; and in this connection the Acting Governor's advice is that Sir Ivo has a
sufficient knowledge of his own limitations and the mental acumen to
ensure that they do not materially impair his performance as Chief Justice if he is appointed. (He will reach retiring age in three and a half years).
The Governor on balance recommends the appointment
of Sir Ivo Rigby and the present Chief Justice concurs in this. In the circumstances we support the Governor's recommendation and accordingly advise Sir Ivo's appointment.
A.
12 December, 1969
Lord Shepherd
bes. Carter
N.S.
(w. S. Carter)
Hong Kong Department
This has been a very difficult post to fill and has involved us
in correspondence with the Governor over the past six months and in
discussions with him while on leave. After much thought I came to the conclusion that the recommendation of Sir Ivo Rigby was on balance right for Hong Kong, even though on merits Mr. Blair-Kerr seemed to
have the better case. In reaching this decision I was much influenced by the fact that the Acting Governor told me that the Governor's
original recommendation of Sir Ivo Rigby had been virtually drafted by Sir Michael Hogan, the present Chief Justice, and by the fact that Sir Michael also drafted the report by the Acting Governor, quoted in paragraph 9 of the submission. Sir Michael is a most conscientious
Judge, gravely concerned with the standing and efficiency of the Bench in Hong Kong. The criticisms of Sir Ivo Rigby which are reproduced in
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the