TNAG-0196-FCO40-232-Judiciary-appointments-1970 — Page 105

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

2017

GOVERNMENT HOUSE

HONG KONG

PERSONAL & CONFIDENTIAL

18th July 1969

(10)

Dar turnson Литат

As you may know, we are facing

something of a problem over the recommendation for a successor to Hogan as Chief Justice when he goes at the end of the year.

I would not propose making any very detailed appraisal in this letter but, put briefly, although Rigby, the Senior Puisne Judge, has some useful qualities and a strong personality, we are some- what doubtful whether his temperament and the level of his ability as a lawyer and administrator make him entirely suitable for the post. It looks as if we might find the latter in greater measure by going further down the list to Blair-Kerr, who is well regarded both as a lawyer and as an administrator but has not quite the same public image and lacks the advantage of having a wife in the Colony. Moreover, his elevation over Rigby would be likely to lead to the usual unpleasant repercussions which would not be lessened in this case by the fact that Blair-Kerr has the reputation, in some quarters, of being rather pro-administration and Rigby the reverse. There is the additional objection to both that they would only be available for quite short periods - about 2 years in the case of Rigby and 3 in the case of Blair-Kerr. Before making up our minds as to a choice between these two therefore, I would like to be quite certain that there is no possibility of finding a candidate from outside Hong Kong who could prove a better choice than either.

We have, for example, heard good accounts of Hammett in Fiji, whose first appointment as a puisne judge predates that of Rigby, although he is younger in years; and, of course, if we could, in return, send a judge to that area, even from the District Court, this could ease the way for such an appointment.

When he was here, Moreton canvassed the possibility of a Q.C. from the English Bar but we are inclined to think that that would leave us with no less a measure of resentment and would not be generally acceptable. If the proposal had been to second a High

Sir Leslie Monson, K.C.M.G., C.B., Foreign & Commonwealth Office

LAST

REF

D IN

R GETRY No.51

28 JUL 1969

HKK14/25

Page 105Page 106

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