CONFIDENTIAL
4
I agree with the Chief Justice's view that Mr. Cons is the more able lawyer and would make a better judge thon lir. Morley- John. I therefore support his recommendation that Mr. Cons should be appointed Puisne Judge to fill the first of the two posts. As for Mr. Jackson-Lipkin's candidature, I have consulted the Attorney General, who has endorsed the Chief Justice's opinion that Mr. Jack- son-Lipkin is indeed by far the most able and intelligent practising member of the Hong Kong Bar and agrees that Mr. Jackson-Lipkin can bring to the Bench an experience and skill, particularly in civil matters, which should strengthen it.
The Chief Justice hos asked Mr. Jackson-Lipkin in confi- dence if he would be willing to be considered and he has said that he would. The Chief Justice also indicated to Mr. Jackson-Lipkin that he thought it unlikely that any special pension terms would be offered. My recommendation is that a member of the Bar appointed to the Bench should earn a pension, or gratuity, at the same rate and on the same conditions as other members of the public service. To devise special terms for them would increase the discontent which serving officers will, in any event, feel if such appointments are made.
The proposed appointment of a member of the Bar to the Bench such as envisaged is contingent upon the proposals contained in my Confidential Saving Despatch No. Staff 37 dated 25th April 1972 being approved. In the meanwhile, subject to your view on those proposals, I recommend, on the Chief Justice's advice the appointment of Mr. Jackson-Lipkin to the second post of Puisne Judge. If possible, I would prefer there to be an interval of a few weeks between the replies to the petitions by the Bar and mem- bers of the Judidicary (forwarded to you on 25th April 1972) being received by the petitioners and the announcement of the appointment of the two new judges. I should therefore be grateful if an early reply could be given to the proposals contained in the Despatch of 25th April.
If the recommendations concerning Messrs. Cons and Jackson- Lipkin are approved, the effective dates of appointment will be noti- fied in the usual way in due course.
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I have the honour to be,
Sir,
Your most obedient, humble servant,
CONFIDENTIAL
Mr Math
GOVERNOR