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(b) Do they think that it would be in the public
interest to promote Mr. Blair-Kerr in the
event of Sir Ivo not being considered suitable or because, though Sir Ivo "makes the grade", Mr. Blair-Kerr's capacity is markedly superior.
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5. If we had been given a considered assessment of these issues we would have been in a better position to judge what justification there was for looking for a candidate from outside Hong Kong. I feel fairly confident, however, that there is no serving judge or law officer in H.M.O.C.S. outside Hong Kong who on professional grounds could be regarded as a better candidate than either Sir Ivo Rigby or Mr. Blair-Kerr. The latter, in particular, has a very good record. I certainly do not agree with the suggestion that Sir Clifford Hammett might be suitable, though he will be a good enough Chief Justice in Fiji; and the suggestion that his preferment to Sir Ivo Rigby might be justified on the ground that he has been a Puisne Judge longer (the difference is in fact one year) is perfectly absurd.
6. As an alternative the Governor suggests that we might look for a candidate among the ranks of recently retired judges, mentioning particularly the East African Court of Appeal. I do
not know whether anyone suitable is available in this field within the age bracket mentioned by the Governor (55-56). In any case the introduction of a pensioner would surely be as difficult to justify as the introduction of an English Q. C.,
which the Governor has turned down.
7.
Subject to your views I suggest the following action
(a) An assessment, at any rate for our own purposes,
of the comparative merits of Sir Ivo Rigby and
Mr. Blair-Kerr based on their confidential
reports. In this connection I notice that the
Governor says of Mr. Blair-Kerr that he "has the
reputation, in some quarters, of being rather pro-administration". There is, I am sure, no
implication by the Governor that Mr. Blair-Kerr's
judicial attitude is in any respect improper. The thought (and it is rather an unworthy one) is that because some people (perhaps members of the Bar whom he has called to order) regard the
judge as pro-administration his preferment to
Sir Ivo Rigby might give rise to uncharitable
comment embarrassing to the Government.
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