CYPHER/CAT A
CONFIDENTIAL
IMMEDIATE FOREIGN AND COMMONWEALTH OFFICE
TEL NO 752
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HONG KONG
TO
24
NOVEMBER 1969
(HKK 14/25)
CONFIDENTIAL.
PERSONAL FOR GOVERNOR.
YOUR TEL NO 881 ARRIVED WHILE WE WERE DISCUSSING THE CHIEF JUSTICE'S APPOINTMENT AND IT WAS AGREED TO ASK FOR AMPLIFICATION
OF THE VIEWS YOU EXPRESSED.
2. ARGUMENTS WHICH WERE DEVELOPED HERE AGAINST CANDIDATURE OF RIGBY CONCENTRATED ON THE OBVIOUSLY VERY CAREFUL ASSESSMENT
IN HIS CONFIDENTIAL REPORT OF 1969 AND ENDORSED IN THE GOVERNOR'S LETTER OF 19 OCTOBER TO MONSON, THESE INDICATE WEAKNESSES JUST WHERE ONE WOULD WISH A CHIEF JUSTICE TO BE STRONG, VIZ. A TEMPERAMENT WHICH CAN LEAD TO IMPAIRMENT OF JUDICIAL QUALITIES, ONE-SIDED PROFESSIONAL ABILITY WITH WEAKNESS ON CIVIL SIDE, LACK OF ADMINISTRATIVE ABILITY AND NOT MUCH INTEREST IN ADMINISTRATION (AN IMPPORTANT CONSIDERATION IN HONG KONG WHERE CHIEF JUSTICE HAS RESPONSIBILITY FOR LARGE NUMBER OF SUBORDINATE COURTS), STRAINED RELATIONS WITH SOME COLLEAGUES. LIMITATIONS SAID TO BE FAIRLY WELL KNOWN AND TO HAVE AFFECTED RIGBY'S STATURE IN JUDICIARY AND POSSIBLY
ELSEWHERE.
3.. CONFIDENTIAL REPORT OF 1969 ON BLAIR-KERR COULD SCARCELY BE BETTER AND INDICATES STRENGTH WHERE IT IS REQUIRED IN A CHIEF JUSTICE. HE HAS ALSO BEEN REPORTED AS SUITABLE FOR ACCELERATED PROMOTION SINCE 1966. IN LIGHT OF THESE REPORTS GRATEFUL IF YOU WOULD ELABORATE ON REASONS FOR THINKING THAT APPOINTMENT OF LOCAL CANDIDATE OTHER THAN RIGBY ( THE ALTERNATIVE WOULD OF COURSE BE BLAIR-KERR) WOULD RESULT IN DISRUPTION TO THE JUDICIARY'’. WE APPRECIATE THAT YOU ARE ATTACHING WEIGHT TO THE UNDOUBTED RISK THAT ILL FEELING WOULD BE CAUSED IF AN APPOINTMENT WERE MADE WHICH WAS REGARDED AS CAPRICIOUS DISREGARD OF THE CLAIMS OF SENIORITY. HOWEVER, THOUGH CLAIMS OF SENIORIITY MUST BE GIVEN PROPER WEIGHT. THEY MUST NOT BE OVER-EMPHASISED, PARTICULARLY IN CASE OF A CHIEF JUSTICESHIP. IT SEEMS TO US THAT APPOINTMENT OF CHIEF JUSTICE
/WITH RIGBY'S
CONFIDENTIAL
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