TNAG-0196-FCO40-232-Judiciary-appointments-1970 — Page 34

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

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Appointment of Chief Justice, Hong Kong

Sir Michael Hogan, CMG., Chief Justice of Hong Kong, will shortly retire on reaching the age limit of 62 for Colonial Judges.

Recommendation

2. In discussion with the Governor of Hong Kong (record attached) it was agreed to recommend that the Secretary of State should submit for Her Majesty's approval the name of Sir Ivo Charles Clayton Rigby, Senior Puisne Judge, Hong Kong, for appointment in succession to Sir Michael Hogan. A draft submission to Her Majesty is attached (which is not sent forward to the Palace until, following the Secretary of State's decision, it has been ascertained that the person concerned is willing for his name to be put forward).

Background and Argument

3. There are no officers in the Colonial Legal and Judicial Service outside Hong Kong whose claims merit consideration. Within Hong Kong

the claims of three officers were considered :

Sir Ivo Rigby

Senior Puisne Judge

Mr. Justice Blair-Kerr'

Mr. D. T. E. Roberts

Puisne Judge Attorney General

Mr. Roberts has the makings of a good Chief Justice but at 46 years of

age should wait a few years before being seriously considered for

elevation. The choice was judged to lie between Sir Ivo Rigby and

Mr. Blair-Kerr.

4. Both candidates are 58 years of age, Sir Ivo being the elder by

six months. Sir Ivo is also the senior by length of service and

by virtue of first appointment to the post of Puisne Judge.

The post which he holds is also designated as "Senior Puisne Judge" This

style is largely honorific but the holder of the post invariably acts

for the Chief Justice when the latter is away. Seniority apart, the qualifications to be taken into account in making such an appoint- ment are professional and administrative ability, qualities of

CONFIDENTIAL / leadership

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