HKK 14/25
Reference..
6
Mr. Rushford
Your minute at (4).
The circumstances in
which a post of Senior Puisne Judge was created
in Hong Kong are set out in minutes on OSA 333/169/02 attached beginning with Sir K. Roberts-Wray's minute of 13 March, 1958. You will, I think, be
particularly interested in the observation in paragraph 5 of Mr. A. R. Thomas's minute of
14 July, 1958.
2.
Although in the course of these exchanges Sir K. Roberts-Wray repeatedly made the point to Sir M. Hogan that the post should carry higher emoluments than the post of Puisne Judge (and Sir Michael said that he had made this point in Hong Kong), no such distinction has in fact been made (the Senior Puisne Judge and Puisne Judge posts all carry a salary of HK 88,800 p.m.). As far as I can see, the post of Senior Puisne Judge is distinguished by nothing more than the precedence
accorded to it in the Supreme Court Ordinance.
7.5. Carte
(W. S. Carter)
"
Hong Kong Department
9 May, 1969
Mr. Rushford
2.
The last sentence of Mr. Carter's minute above correctly
sets out the position as regards the Senior Puisne Judge.
The minutes in the attached files, to which Mr. Carter refers, show that there was considerable doubt in 1958 as to whether the creation of this post of Senior Puisne Judge should be approved or not. As far as I can see this office has
served no useful purpose but it does, where the occupier of the office is not the most suitable candidate for acting as Chief
Justice or for promotion to the Chief Justiceship, tend to
obstruct the appointment of the most suitable candidate.
3. I suggest that these papers should be brought up when
notification is received from Hong Kong of Sir Michael Hogan's
retirement. Then if the present holder of the post of Senior Puisne Judge is to be promoted to the Chief Justiceship. that
/ would be