CONFIDENTIAL AND STAFF IN CONFIDENCE
would be more palatable when a new vacancy had been created by the
setting up of an Appeal Court. His comment is ambiguous in that
it could mean that he might want an outsider as an Appeal Court
judge or as a Puisne Judge to allow the promotion of one of the
existing Bench. But either way his logic is sound, and it does
mean that a new vacancy is likely to be coming up in the reasonably
near future.
4.
I therefore recommend that we should accept the Governor's
proposal and submit a draft telegram accordingly. The Department's
Legal Adviser agrees.
5.
I am submitting separately on the question of the
establishment of a permanent Court of Appeal.
28 February 1974
Desinc
A C Stuart
Hong Kong & Indian Ocean Dept.
1
CONFIDENTIAL AND STAFF IN CONFIDENCE