CA - RC 209/17/02
сва
HKK14/4
PERSONAL AND CONFIDENTIAL
STAFF IN CONFIDENCE
20 March, 1970.
4
RC
R (288/7)/03 20
We see that the Bill for the Supreme Court (Amendment) 1 NICK14/4 Ordinance 1970 (enclosure 4 to your despatch No.157 of 4 February)
made provision for a new post of Appeal Judge, a development which Hogan last year informally mentioned to McPetrie as a possibility. But the provision for this new post and all consequential references to it have been omitted from the Ordinance itself and the Attorney-General's report makes no reference to this important change in the policy of the published Bill. The Full Court (Amendment) Ordinance 1970, AKK14/4 enclosed with your despatch No.158 of the same date, likewise
omits the references to the Judge of Appeal that are contained in the Bill. We note from your "Hansard" that the relevant provisions were deleted in Committee upon the intervention of Oswald Cheung who asked for an examination of the question of creating a separate Court of Appeal. We should be grateful to know whether you have plans to reactivate the proposal for the new post or indeed for the creation of a separate Court of Appeal.
In your despatch CR.1/1749/5311 of 5 February you recommend that Scholes should be appointed to the post of Senior Puisne Judge. You say that the only specific function attaching to the post of Senior Puisme Judge is that the holder acts as Chief Justice when the Chief Justice is away. This, however, is an important function and in our view therefore the Senior Puisne Judge should be the person who (1) has sufficient seniority to be acceptable as acting Chief Justice and (ii) is best qualified to discharge the duties of that office. It appears that the Chief Justice might have hesitated to recommend Scholes' appointment as Senior Fuisne Judge were it not for the fact that the latter has a comparatively short time to serve before retirement and that you yourself doubt whether Scholes would be the right person to act as Chief Justice for an extended period. Given that the raison d'être of the post of Senior Puiane Judge is to provide an acting Chief Justice when- ever occasion requires, it seems clear to us that the post should be held by the Judge best qualified to discharge the functions of Chief Justice in any foreseeable circumstances. May we therefore have your assessment of other senior judges of the Supreme Court as possible acting Chief Justices in terms of their professional capacity. I am, of course, speaking in the context in which there is no post of Appeal Judge, as to which I have asked what your plans are. If the creation of
/such
Sir David Trench, G.C.M.G., N.C.,
Government House,
Hong Kong.
(14) • (5)
PERSONAL AND CONFIDENTIAL/STAFF IN CONFIDENCE.