TNAG-0196-FCO40-232-Judiciary-appointments-1970 — Page 63

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

HKK 14/25

IN CONFIDENCE

Domestic Item No. 2

21

DISCUSSIONS WITH SIR DAVID TRENCH,

GOVERNOR OF HONG KONG

NOVEMBER, 1969

Appointment of a Successor to

Sir Michael Hogan, Chief Justice

Sir Michael Hogan, Chief Justice, leaves on retirement at the end of the year and the Governor has been exercised for some

If the name of time over the problem of finding a successor. the successor is to be announced simultaneously with Sir Michael's departure, a decision will need to be taken early in December in view of the time required to complete the necessary formal.steps. 2. When Mr. Moreton visited Hong Kong in June there was discussion with the Governor and Sir Michael Hogan about the possibilities of appointing an English judge or a .C. from the English Bar as Chief Justice. We had to tell the Governor, after enquiries had been made here, that there was no chance of obtaining the release of an English judge in view of the pressure of work in the courts. The Governor himself reached the conclusion that the appointment of an English Q.C. would not be acceptable to the service. He asked us in July if there was any possibility of finding a suitable Colonial Service candidate from outside Hong Kong, but we had to tell him that there was not.

3. Of the judges in Hong Kong the successor would on seniority be Sir Ivo Rigby, Senior Puisne Judge. He has useful qualities and a strong personality but the Governor is doubtful about his temperament and uncertain about his ability as an administrator and as a lawyer: his main interest is in the adjudication of

He has criminal cases but he is not so strong on the civil side. a reputation for "leaning somewhat against the police and the prosecution", and for treating convicted persons leniently. 4 A stronger candidate is Mr. Justice Blair-Kerr whom the Governor describes as able, energetic and well equipped in both

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IN CONFIDENCE

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