TNAG-0398-FCO40-444-Appointments-to-supreme-and-district-courts-from-the-Bar-in--1973 — Page 51

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LEGAL

ANNUAL CONFIDENTIAL REPORTS ON JUDGES AND OTHER 7.

OFFICERS IN DEPENDENT TERRITORIES

Life

•12

Letter

In a recent annual confidential report, Sir Ive Rigby, who has just retired as Chief Justice, Hong Kong, wrote:

1.

8/2

"In my respectful but firm view, the archaic practice of the Chief Justice being required to write annual confidential reports on his brother judges in the Supreme Court is thoroughly distasteful and should be discontinued. If an opinion is required on any particular judge for any specific reason ar purpose it can surely always be obtained. In any event, much of the questionnaire contained on page 2 of these confidential report forms must surely be wholly irrelevant in its application to the Judiciary in general and to the Supreme Court Judges in particular.

(The comment was made on Sir Ivo's successor's report, and in this particular case Sir Ivo's reluctance is understandable. However, the comment is made generally.)

2. The current practice is to submit annual confidential reports on permanent and pensionable HMOCS judicial and legal officers in the dependent territories. In addition to Hong Kong, such officers are serving in Bermuda, the Western Pacific and, I think, the Seychelles. As I understand it, it does not appear to be the practice to submit confidential reports on contract officers except, ad hoc, in the event of their being considered for a further appointment. Sir Ivo Rigby's comment provides an opportunity not only for considering the particular point which he raises but also a number of connected matters.

3. First, the question of reports on judges of a Supreme or High Court. Mr Rushford has commented on Sir I Rigby's remarks as follows:

"I do not, however, agree that it would be right to discontinue the practice where by the Chief Justice writes annual confidential reports on other members of the Supreme Court bench. When concerned with appointments affecting Colonial judges or former Colonial judges we have needed to rely quit e substantially on annual reports, since (situated as we are in London) we have not the same opportunity of learning about their performance, characteristics, etc as, say, the Lord Chancellor's Office has of hearing about judges in England. In my view reliance merely on ad hoc reports would not provide an adequate substitute.

"As for the questionnaire, although it may not be as apt as one framed with judges specifically in mind, it seems to me to provide on the whole a useful set of

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(17293) 897465 400m 1/73 G.W.B.Ltd, Gn.863