TNAG-0196-FCO40-232-Judiciary-appointments-1970 — Page 55

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

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Mr. Carter

22

علا

Chief Justice, Hong Kong

I agree with the Governor (letter of 10 October to Sir Leslie Monson) that the issue lies between Sir Ivo Rigby and Mr. Justice Blair-Kerr, whose

curricula vitae are annexed to this minute.

2.

Sir Ivo Rigby (see his promotions file)

When Sir Ivo was the Assistant Judge in Nyasaland his first Chief Justice there reported in 1950 that he had a weakness of character which would militate against his holding a position of sole authority (flag A). His next Chief Justice made an even more critical report in 1954 (flag B). In fairness it should be said that at this time Sir Ivo's first marriage was apparently going badly. On being transferred to Malaya and making a happy second marriage he evidently gave great satisfaction and received very good reports from two successive, and very different, Chief Justices (flags C and D); and Sir Michael Hogan, who had served in Malaya with Sir Ivo, preferred him to other candidates for Senior Puisne Judge, Hong Kong in 1961.

While the earlier reports from Hong Kong are very good, certain reservations begin to appear about 1966 which emerge as express or implied criticims in the report of 1969 (flag E). The criticisms must be carefully considered in the light of the qualities one looks for in a potential Chief

Justice. These are as follows:-

(i) He should be a good judge and at least a sound lawyer.

(There have, of course, been quite successful Chief Justices who were not particularly good lawyers but who made up for this deficiency by running their courts well and maintaining a happy judicial family on whose support they could rely.)

(ii) He should be a man of common sense and good judgment.

(iii) He should be at least an adequate administrator - and in

Hong Kong, which has an elaborate system of subordinate courts, this is more important than in some territories.

(iv) He should maintain satisfactory relations with his judicial

colleagues and be respected by the profession and the public.

/One

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