TNAG-0398-FCO40-444-Appointments-to-supreme-and-district-courts-from-the-Bar-in--1973 — Page 61

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HONG KONG : JUDICIAL APPOINTMENTS

1.

You may like to know that in a private letter to me dated 1 June the Chief Justice of Hong Kong (Briggs C.J.) told me:

2.

(a) that he has in mind to recommend Mr Morley-John (a District

Judge who has been considered in the past for appointment to the Supreme Court) for appointment to the post of Puisne Judge that has become vacant because of the Briggs' appointment as C.J.;

(b) that the proposed two new places in the District Court are not being filled at present, though the last Chief Justice (Sir Ivo Rigby) had chosen Mr de Basto Q.C. and

Mr. Benjamin Liu, both members of the local Bar.

Mr Briggs added that from the files he could see no reason why Morley-John had been passed over, at least on the last occasion (i.e. when Cons and Trainor JJ were selected). He described Morley-John as "no worse than the others" and thinks he will be more self-assured when (or if) appointed to the Supreme Court, on which he has sat as Commissioner on a number of occasions.

3.

Mr Briggs also added that he could not raise any enthusiasm for de Basto and Liu. (De Basto has served as a Commissioner on the Supreme Court and is an active member of the Hong Kong Bar Association. I believe that his practice is slight but he has substantial private means.)

4. I mentioned Mr Briggs' letter to Mr Stuart, but unfortunately could not put my hand on it when we spoke.

5. On the strength of a talk Mr Stuart had with Mr Denys Roberts we have told Lord Gardiner in reply to representations from Justice inspired by their Hong Kong branch that the Governor has in mind the possibility of appointing two members of the local bar to the two new District Judgeships, but neither Mr Stuart, Sir George Dunze, you nor I have seen any papers recommending appointments to the two new District Judgeships. I attach a copy of the letter to Lord Gardiner dated 27 June.

6. A copy of this goes to Mr Stuart.

A.R.R

A R Rushford

Deputy Legal Adviser

29 June 1973

Cc: Mr Stuart (HKIOD)

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*(17293) 897465 400m 1/73 G.W.B.Ltd. Gp.863