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Mr Wilford
Sir L Marson
Macon
STAFF IN CONFIDENCE
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Chien to RC 209/11/04/
(21)
APPOINTMENT OF PUISNE JUDGE HONG KONG
1. In our telegram No. 372 we accepted the proposal in the
Governor's despatch of 31 March that District Judge Li Fook-
Sean should be appointed to the Supreme Court Bench. In the
same telegram we asked if the proposal to promote District
Judge Morley-John could be reconsidered.
2. We recently received the Acting Governor's despatch
No. 71. As you will see, Sir Hugh Norman-Walker wrote that
"the Chief Justice would find it hard to substantiate a
recommendation that Mr Cons should take precedence over
Mr Morley-John in view of the disparity in their experience,
seniority and age". Nevertheless, the upshot of the
reassessment of those in the field for promotion has produced
the view, supported by both the Chief Justice and the Acting
Governor, that Mr Leonard is a better candidate and would be
more likely to make a better Supreme Court Judge than either
Mr Morley-John or Mr Cons. I discussed this turn of events
with Sir J McPetrie before he retired. A record of his views
is set out in my minute to Mr Rushford of 30 June.
Mr Rushford and the ODA both agree that we should proceed as
proposed by Sir J McPetrie.
3.
I am not sure if Sir D Trench is aware that proposed
appointments to the Supreme Court Bench are not in fact
submitted to The Queen and that Sir L Monson approves such
appointments with the agreement of the Legal Adviser.
STAFF IN CONFIDENCE
/Whether