TNAG-0196-FCO40-232-Judiciary-appointments-1970 — Page 67

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

3. Of the judges in Hong Kong the successor would or

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 adjudica-

tion of criminal cases but he is not so strong on the

civil side. He has 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 judicial and administrative matters.

He is equally competent in criminal and civil law,

a fast and accurate worker who, measured by ability,

is the outstanding candidate. However, he is

believed not to be popular with the Bar (but for

reasons which do him no discredit) and he has the

reputation of "leaning somewhat towards the

prosecution and severe penalties".

5. There are no other local candidates deserving

of consideration at this stage, although the Governor

has mentioned the claims of Mr. D. T. E. Roberts, the

Attorney General, who in his view would make a good

Chief Justice but at 46 years of age should wait a

few years before being elevated.

6.

Against this background the Governor has come

down in favour of Sir Ivo Rigby. He does not

believe that the margin of preference in favour of

Mr. Justice Blair-Kerr is sufficient to justify

overlooking the claims of the senior judge or

"the tension

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