7.
The nature of the issue
In paragraph 10 of his letter the Governor, while recognizing that
Mr. Blair-Kerr is the better candidate, expresses the opinion that "the
margin in favour of Blair-Kerr is not sufficient to justify his passing over Rigby or to outweigh the disadvantages just mentioned". On the assessments we have it seems to me that the superior qualities of Mr. Blair-Kerr as a potential Chief Justice are both clear and substantial and if the question were simply whether Hong Kong is to have the best Chief Justice available over the next three years (Sir Ivo Rigby retires in June and Mr. Blair-Kerr in December 1973) the decision would surely go to Mr. Blair-Kerr. The Governor, however, considers that the public interest requires that certain factors other than pure merit should be brought into the reckoning. with him and on that basis I suggest that the issue for decision is whether the seniority factor and the risk of the "tension, ill-feeling and criticism", which the Governor fears would follow upon Mr. Blair-Kerr's appointment over
the head of Sir Ivo Rigby, outweigh not only the superiority on personal and professional grounds of Mr. Blair-Kerr but also the risks inherent in
appointing Sir Ivo. One will be better able to form a conclusion on this when the Governor has had an opportunity of explaining in discussion the nature of the tension, ill-feeling etc. which he fears, in what quarters he
thinks it would be manifested and how quickly he thinks it would pass. It would also be pertinent to enquire whether the Governor thinks that, in the light of what we are told in the reports, the appointment of Sir Ivo might itself
give rise to criticism and ill-feeling.
8. Looking at the matter on a personal levelit is, I fear, only too likely that Sir Ivo Rigby would feel gravely offended if he were not appointed and he might possibly resign. Sir Ivo, and if not he others, may have thought that the award of a Knighthood in 1964 was an indication that Sir Ivo would be
the next Chief Justice. In fact the Knighthood was awarded as a recognition
of the special office which he holds, viz. Senior Puisne Judge, Hong Kong, which was thought to carry a status and responsibility at least equal to that of a Chief Justiceship in some of the smaller territories.
9. The Governor says that he has Mr. Blair-Kerr in mind for a new post of
Judge of Appeal. Mr. Blair-Kerr might possibly prefer this appointment to being made Chief Justice over Sir Ivo Rigby, but I think this unlikely.
темер
(J.C. McPetrie)
17 November, 1969