TNAG-0196-FCO40-232-Judiciary-appointments-1970 — Page 75

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

PERSONAL & CONFIDENTIAL

2.

Sir Ivo Rigby

4.

Next in order of seniority is Rigby, who has a measure of pre-eminence through having acted, on a number of occasions, as Chief Justice and because he already enjoys a knighthood which gives him a special status in the community. He has had longer service than any of the other candidates, but prior to his appoint- ment as Senior Puisne Judge in Hong Kong that service does not appear to have been particularly distinguished. His main interest, I am told, lies in the adjudication of criminal cases and he has considerable knowledge of the case law bearing on this subject. He also has a reputation of leaning somewhat against the police and the prosecution, with a marked suspicion of police action leading to confessions and of treating leniently those who are convicted, although this reputation may well be exaggerated. He is, however, a man of somewhat emotional temperament which can lead to some impairment of judicial qualities on occasions. Nevertheless, the Chief Justice tells me that on the whole he regards Rigby as a careful and conscientious judge in criminal matters although not so strong on the civil side. Whilst he has a considerable mastery of the English language with the ability to write a clear and concise judgment on the facts, when given adequate time he is not a fast worker his knowledge of the law on the civil side is less extensive; and where difficult questions are concerned his contribution tends to be limited.

5.

He has certain valuable qualities, being both courageous and incisive; but he does not appear to have much aptitude for administration, preferring to confine his efforts to purely judicial tasks. Here he will exert himself considerably in matters that interest him, particularly on the criminal side, but he tends to be somewhat less energetic in dealing with other matters. administrative capacity may well grow, however, with greater opportunities to exercise it.

6.

His

Naturally, after eight years in Hong Kong, his limitations are fairly well-known to those concerned in the business of the courts: in those circles personal opinions of him are not thought to be very high either with the professional or administrative staff. He has,

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PERSONAL & CONFIDENTIAL

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