.:
CYPHER/CAT A
FM HONG KONG 290140Z
DEDIP
STAFF IN CONFIDENCE
TO PRIORITY FCO TELNO 114 OF 29 JANUARY. 1973
1.
DESKBY 29/0930Z
YOUR TELEGRAM 83.
PERSONAL FOR VINCENT EVANS FROM GOVERNOR.
CHIEF JUSTICE FOR HONG KONG.
I HAVE RECONSIDERED HUGGINS AS AN ALTERNATIVE CANDIDATE TO BRIGGS. I WOULD MUCH, REPEAT MUCH, PREFER BRIGGS.
2. IT FOLLOWS THAT IF THE RETIREMENT AGE IS TO STAY AT 62 MY RECOMMENDATION REMAINS BRIGGS.
*
3. AS AN OUTSIDER TO THE COLONIAL SERVICE AND A LAYMAN AND WITHOUT
KNOWLEDGE OF THE STRUCTURE OF THE THE COLONIAL LEGAL SERVICE I AM
NOT SURE HOW SERIOUS A MATTER IT WOULD BE TO AMEND ARTICLE XVI A
OF THE LETTERS PATENT TO EXTEND THE RETIREMENT AGE. BUT SINCE THE
RULE STANDS I HAVE HITHERTO APPROACHED THIS PROBLEM ON THE ASSUMPTION THAT THE RULE SHOULD ONLY BE BREACHED IF THERE WERE AN EXCEPTIONAL SITUATION IN WHICH THE PUBLIC INTEREST WOULD BE SERIOUSLY AT RISK
IF THE RULE WERE FOLLOWED.
4. SINCE BRIGGS WAS SO STRONGLY RECOMMENDED TO ME BY YOUR
DEPARTMENT IN PREFERENCE TO ROBERTS AND IN VIEW OF THE ASSESSMENT IN PARA 3 OF MY DESPATCH OF 4 AUGUST, I WOULD NEED SOME CONVINCING THAT BRIGGS TO SUCCEED WOULD PUT THE PULIC INTEREST AT SERIOUS RISK.
RIGBY ONCE COMMENTED TO ME THAT BRIGGS WOULD BE QUOTE A DISASTER
UNQUOTE AS CHIEF JUSTICE, BUT NEITHER ROBERTS, SNEATH NOR THE
COLONIAL SECRETARY AGREED WITH THIS ASSESSMENT. WITH VARYING DEGREES
OF LACK OF ENTHUSIASM THEY THOUGHT HE COULD DO THE JOB IF THERE WERE NONE BETTER AVAILABLE. CONSEQUENTLY IF THE RULE SHOULD ONLY
BE BREACHED IN A REAL EMERGENCY THEN BRIGGS SHOULD SUCCEED.
15.