TNAG-0196-FCO40-232-Judiciary-appointments-1970 — Page 35

CONFIDENTIAL

leadership and temperamental suitability.

It is also legitimate to

have regard to certain general considerations of public interest as, for example, the likely reaction of public opinion and of the Bench and the Bar to a particular appointment; such considerations

can arise when assessing the weight to be given to the claims of

seniority.

5. Professional ability. Sir Ivo's professional competence, although adequate to the performance of his judicial duty, is uneven. An able adjudicator of criminal cases, with considerable knowledge of

the case law bearing on that subject, he is less strong on the civil

side. Mr. Blair-Kerr, on the other hand, is highly competent in both

branches. There is no doubt that on the score of professional

ability Mr. Blair-Kerr has the stronger claim.

6. Administrative Ability. Mr. Blair-Kerr has shown that he has

administrative ability. Sir Ivo Rigby, in a report of January 1969, was aaid to have "little flair for administration" but it is thought

in Hong Kong that his interest in administration and his aptitude

for it would be likely to grow with increased responsibility and the

Chief Justice says that there are already signs of such a development.

7. Qualities of Leadership. Sir Ivo Rigby's relations with some of his colleagues on the Bench "tend to be strained". His professional limitations are fairly well known in legal circles and some personal

opinions of him are thought to be not very high. Mr. Blair-Kerr's

relations with other officers are said to be good. It is reported

that, though he occasionally ruffles some feathers by frank speaking,

he does not do so without justification and is not given to creating

friction.

8. Temperamental Suitability.

There is nothing to choose between the

two in the matter of strength of character. Sir Ivo Rigby is said to be "courageous and incisive"; he has an outgoing personality; tendency to be temperamental on occasions has been noted.

a

Mr. Blair-Kerr, while not lacking in self-confidence, is of a quiet disposition and it is said that he has not the same "personal presence".

9. Considerations of Public Interest. The Acting Governor (Sir Hugh Norman-Walker) has reported that in view of Sir Ivo Rigby's seniority, knighthood and strong personality there is "a settled and accepted expectation of his appointment, both inside and outside the courts" and that his supersession would cause disruption in the

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