STAFF
IN CONFIDENCE
SIR DUNCAN WATSON
HONG KONG
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With reference to your minute of 9 January attached a person would
not be excluded for consideration for appointment as Chief Justice
Hong Kong by reason only of the fact that he held or had held office
as Colonial Secretary in Hong Kong.
2. Obviously a Colonial Secretary might, during his tenure of
office, personally conduct himself in some manner that rendered him
ineligible for consideration. A Colonial Secretary might also be
involved in some exceptional matter of government business which
could conceivably render his subsequent appointment as Chief
Justice inappropriate because as Colonial Secretary he was
et necessarily associated with er virtute officii. This is a hypo-
thetical situation and it is not possible for me to give an example
or assess the risk of its occurrence. Nevertheless should Mr.
Roberts be offered appointment as Colonial Secretary this point
must be made to him.
3. In short he should understand that the question of his
suitability for appointment as Colonial Secretary would have to be
assessed again from every point of view when the time came.
4. Sir Vincent Evans concurs in this minute.
11 January 1973
c.c.
Sir Vincent Evans
Wilford
Mr.
Mr.
Stuart
Mr. Fifoot
Mr. Shaw.
A.R.R
AR RUSHFORD
DEPUTY LEGAL ADVISER
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