TNAG-0196-FCO40-232-Judiciary-appointments-1970 — Page 69

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

NOTHING TO BE Written IN THIS MARGIN

W(B)L 51-7406

Take in slip.

imight be regarded in some quartsis an having

"the tension, ill-feeling and criticism" that

would follow the former's appointment. Both

judges will be 58 years of age this year and

will have no more than four years in office

before reaching the retirement age of 62.

There is one other malter that might be considered. 8. By virtue of being the "Senior Puisne

Judge" Sir Ivo Rigby has a built-in claim to

preferment. More than ten years ago the

disadvantages of fixing the hierarchical

structure of the judiciary too rigidly by making

these "Senior Puisne Judge" appointments were

foreseen. Sir Ivo Rigby's elevation mightwurd

provide the opportunity to dispense with this

арротиниен

parely nonorific title. The Governor has

said that, in the event of Sir Ivo Rigby's

appointment asChief Justice, he would recommend

Mr. Justice Blair-Kerr for the "new appointment

of Judge of Appeal". The Governor added that

he intends to introduce in the near future the

"legislation for this appointment", but we have

no knowledge yet of what is proposed. It is

perhaps for consideration whether the creation

of this additional senior judicial post will

give rise to the same risk that appointment

thereto will be seen as a commitment to further

advancement of the holder (although this would

be unlikely to arise in the case of Mr. Justice

Blair-Kerr in view of his age).

Mr

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