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2C204/m/02
Ms,
Sir Leslie Monson (through Mr. Carter and Mr. Wilford)
You will remember that, when he wrote to you on
10 October recommending the appointment of Sir Ivo Rigby
as Chief Justice, the Governor said that in the event of Sir Ivo being appointed he (the Governor) would recommend
Mr. Blair-Kerr for the new appointment of Appeal Judge which it was intended to create (20) on HKK.14/25. In discussion
the Governor modified this to the extent of saying that he did
not wish to hasten consideration of creating this new post as
the new Chief Justice might not wish to be saddled with an
idea of his predecessors paragraph 5 of (29) on the same
file.
2.
Doubts had been expressed in this Office about the
advisability of continuing the appointment of Senior Puisne
Judge and it was decided to bring the question up for consideration in December minutes at (6) on the same file.
This was not done Mr. Carter's minute of 25 February on HKK.14/4. In the light of the foregoing we have to consider
two submissions from Hong Kong to which I refer in
paragraphs 3 and 4 below.
W
3. At (1) on HKK.14/4 is the Supreme Court (Amendment)
Ordinance 1970 which has been submitted for non-disallowance
in the ordinary way. The significant feature of this measure is that clause 3 of the Bill for the Ordinance (enclosure 4 to the Governor's despatch) provides for the new post of
Appeal Judge, the occupant of which is to take precedence
next after the Chief Justice and before the Senior Puisne Judge, but the Ordinance itself contains no reference to the Appeal
Judge. Provision for this new post must, therefore, have been
deleted from the Bill in the Legislative Council. This is an
important change in the policy of the Bill and it is
surprising that it is not even mentioned, let alone explained,
either in the covering despatch or in the Attorney-General's report on the Ordinance. At (2) on the same file is the Full Court (Amendment) Ordinance 1970 and in this case too
references in the Bill to the post of Appeal Judge have been
omitted from the Ordinance without explanation in the despatch an
the report.
4. At (1) on O.D.M. file RC.209/77/03 is a despatch of
5 February in which the Governor asks for the Secretary of State's approval of the appointment of Mr. Scholes to the post
of Senior Puisne Judge. Mr. Scholes is, of course, the senior
in date of appointment among the Puisne Judges but he is far
from being the best or the most energetic. It is clear enough that the Governor and the Chief Justice realise that
/Mr. Scholes