TNAG-0196-FCO40-232-Judiciary-appointments-1970 — Page 111

LAST

RCR

în Carler

We spoke

Mr. Moreton

IN CONFIDENCE

que, 4/1

S

Reference.......

Chief Justice, Hong Kong

I am not

Please refer to your minute to me of 27 June.

surprised that the Governor and the Chief Justice were

unenthusiastic about course (a). I was never attracted to it

myself and mentioned it only because the Chief Justice brought

it up in discussion with me.

2. If the C.J's suggestion that an English judge might be

released to act as Chief Justice of Hong Kong (presumably on secondment for a defined term) is to be taken seriously, then we

should move in the matter now for these things take time to

arrange. I think, however, that there is little chance of the

Lord Chancellor agreeing to release a judge for this purpose in view of the pressure of work in the courts here. He recently

allowed a County Court Judge to go on secondment to the High

Court of Uganda; but there were special reasons and in this

case we could not maintain that it was impossible to fill the

Chief Justiceship of Hong Kong from the local Bench.

3. The C.J's suggestion of an exchange of judges between this country and Hong Kong does not, in my opinion, merit serious consideration and it is in any case irrelevant to the present

problem.

4. Where judicial promotions are concerned, my experience is

that the Governor of Hong Kong usually does not let us have his

recommendation until very late and then, as often as not, asks

for telegraphic confirmation that his recommendation has been accepted. In the present case we must insist on having his recommendation in good time I should say at least two months

before Sir Michael's retirement. If, of course, the Governor

wished to propose the appointment of an English Q.C. he should let us know immediately for (i) Ministers would need time to consider this proposal on its general merits and (ii) it might take quite a time to find a suitable Q.C. who was interested. It may indeed be even now too late to secure such a person

before the end of the year.

Copy to: Mr. Carter

JCHC Penie

(J.C. McPetrie)

2 July, 1969

IN CONFIDENCE