५
6
(HKK 14/85)
His Excellency
PERSONAL AND CONFIDENTIAL
Sir Murray MacLehose, KCMG, MBE,
The Governor
HONG KONG
Foreign and Commonwealth Office
London S.W 1
7 June 1972
I here
20
Min Kelly
7
urth pa
تا
ра
Spor
сру
R
Wil
(fil. Arvin
Наль
My dear Murray
1.
Asher thai h.
The this letter)
En Do
We had some cursory discussion when I was in Hong Kong about the succession to the Chief Justiceship when Rigby reaches the statutory retiring age, under the Letters Patent, of sixty-two in June noxt year. There is still some timo to go but I have thought that it might be useful before I leave if I let you have some views on the procedure which might be followed when you feel able to let us have a formal recommendation and also some note of the considerations which are likely to be taken into account here when your recommendation is considered.
2. First as regards procedure, it would be helpful if you followed the same procedure as David Trench did when Michael Hogan was approaching retirement in 1969, ie to give us a full account of the Hong Kong candidates (his letter of 10 October 1969 refers) with an assessment of their respective merits and demerits for the post. This was followed by discussions in London between David, Hamish McPetrie (the Legal Adviser then concerned) and myself. If it were possible for you to pay your "annual" visit to London next year in time to clear up such discussion it would also be helpful. As a result of those discussions we made a submission to Ministers as to the advice the Secretary of State should tender to The Queen on the appointment. I might add that at no stage from Ministers downward was it treated as a "routine" matter and I should expect the same detailed attention to be given to the filling of the vacancy on the next round.
3.
Incidentally, the argument last time was concentrated on the rival claims of Rigby and Blair-Kerr. David from the outset said that Blair-Kerr was the better judge and more able and hardworking officer with a wider knowledge of the law and the more acute intellect but he was influenced in recommending Rigby (and this view was eventually, though with some reluctance, accepted here) by his feeling that the margin over Rigby was not sufficiently great to justify overlooking the latter's seniority and "the tension, ill-feeling and criticism which would follow" the passing-over of Rigby - though, in the light of what I have heard since, I cannot refrain from the wry comment
Now conced t
HKK 14/48
PERSONAL AND CONFIDENTIAL
ты
/that
R&R to
A. R.
J.6. Hun f
a
for inf.
Prielly
816