TNAG-0262-FCO40-298-Appointments-to-judiciary-of-Hong-Kong-1970 — Page 54

PERSONAL & CONFIDENTIAL

4.

In recommending Scholes I had regard to his seniority, his length of service, the fact that he is already acting as Senior Puisne Judge, and in particular to the fact that he is due to retire very shortly.

Indeed, when I sent my Despatch of 4th February I did not realise how soon Scholes in fact wished to go.

Since then the Chief Justice has informed me that Scholes has applied requesting permission to go on pre-retirement leave on 28th March 1971, and I am in the process of formally acquiescing with his desire. This new factor implies two things. First that Scholes will only be called upon to act once for the Chief Justice for a period of 6 or 7 weeks during Sir Ivo Rigby's annual leave; and, second, that Blair- Kerr will have an opportunity of becoming substantive Senior Puisne Judge for the period that elapses between Scholes' and his own retirement.

In these circumstances I think it would be embarrassing to the Chief Justice and myself were you to indicate so pointedly a lack of confidence in a judge of 32 years service, who has only some 10 months to go: although, of course, I do appreciate the reasons which led you to query my recommendation.

Чинэ

Yours, ever

Brunch