CONFIDENTIAL
Justice was taking his leave.
The emoluments are the same as those of the other Puisne Judges and there are no specific duties attaching to the post. It gives the holder status and two out of the three previous holders of the position have been Knighted.
4. Some years ago a letter was sent to Hong Kong (signed by Mr Carter I believe) questioning the need for keeping the post of Senior Puisne Judge, but I do not recall whether it was ever answered. It would I think be helpful to trace this letter.
5.
There have been suggestions (which have been renewed quite recently by members of the Hong Kong Bar Association) that Hong Kong should have a Court of Appeal to replace the present Full Court, in which case one might expect the creation of two (or possibly more) posts of Justice of Appeal, and this would provide an opportunity of abolishing the post of Senior Puisne Judge. I had a talk about this matter with Mr Hobley shortly before he took up his appointment as Attorney-General and also with Mr Roberts shortly before he became Chief Secretary, but have heard nothing since to suggest that the Hong Kong Government has any specific plans for a new Court of Appeal
which may simply be because the present Chief Justice is satisfied with the working of the present arrangements.
6.
Given that we have the post of Senior Puisne Judge, the important thing is that it should be held by someone fit to act as Chief Justice, and I consider that any of the three judges mentioned in the despatch would fill the bill. Unless there was some specific reason for passing him over one would expect the senior of the Puisne Judges to act as Chief Justice when the Chief Justice was away and thus to have the post of Senior Puisne Judge. I should not rate Mr Huggins' abilities as lower than those of Mr McMullin or Mr Pickering, indeed I had the impression that, in terms of professional capacity Mr Pickering rated below the other two.
7. Mr Huggins, as the senior, may feel somewhat slighted if in fact the third senior gets the post. Mr Pickering is however the older man and will probably retire in just under four years' time, giving Mr Huggins a chance of replacing him then. As for the succession to the Chief Justiceship, if Sir G. Briggs goes in May 1976 on attaining 62, I should have thought that, as between Mr Huggins and Mr Pickering, Mr Huggins would be the stronger candidate, though both may be pipped by Mr Roberts if he is then a candidate.
8.
Since the choice of Mr Pickering would involve passing over Mr Huggins and the latter may have at least as good a claim to the job as the former, I feel some hesitation about accepting the Governor's recommendation.
9. We should certainly first look at the confidential reports of the three judges to see if there is anything in them that would affect the choice. (Incidentally it is not clear to me whether Hong Kong judicial appointments fall to be handled on a HKIOD file or an ODA file the last appointment I saw, that of a District Judge, was in November processed on an ODA file RC 209/77/02, and I see that the original of the Governor's despatch of 7 January has been passed to the ODA).
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CONFIDENTIAL
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