TNAG-0262-FCO40-298-Appointments-to-judiciary-of-Hong-Kong-1970 — Page 76

ל

428

CONFIDENTIAL

Reference......

See muute

9

Fla

(20) Pato

Flag R @9) Pen

Flag

Flag

6 Pare

1KK14L4 Flag

раккінду Flag(2

Flag

2C204/m/02

Ms,

Sir Leslie Monson (through Mr. Carter and Mr. Wilford)

You will remember that, when he wrote to you on

10 October recommending the appointment of Sir Ivo Rigby

as Chief Justice, the Governor said that in the event of Sir Ivo being appointed he (the Governor) would recommend

Mr. Blair-Kerr for the new appointment of Appeal Judge which it was intended to create (20) on HKK.14/25. In discussion

the Governor modified this to the extent of saying that he did

not wish to hasten consideration of creating this new post as

the new Chief Justice might not wish to be saddled with an

idea of his predecessors paragraph 5 of (29) on the same

file.

2.

Doubts had been expressed in this Office about the

advisability of continuing the appointment of Senior Puisne

Judge and it was decided to bring the question up for consideration in December minutes at (6) on the same file.

This was not done Mr. Carter's minute of 25 February on HKK.14/4. In the light of the foregoing we have to consider

two submissions from Hong Kong to which I refer in

paragraphs 3 and 4 below.

W

3. At (1) on HKK.14/4 is the Supreme Court (Amendment)

Ordinance 1970 which has been submitted for non-disallowance

in the ordinary way. The significant feature of this measure is that clause 3 of the Bill for the Ordinance (enclosure 4 to the Governor's despatch) provides for the new post of

Appeal Judge, the occupant of which is to take precedence

next after the Chief Justice and before the Senior Puisne Judge, but the Ordinance itself contains no reference to the Appeal

Judge. Provision for this new post must, therefore, have been

deleted from the Bill in the Legislative Council. This is an

important change in the policy of the Bill and it is

surprising that it is not even mentioned, let alone explained,

either in the covering despatch or in the Attorney-General's report on the Ordinance. At (2) on the same file is the Full Court (Amendment) Ordinance 1970 and in this case too

references in the Bill to the post of Appeal Judge have been

omitted from the Ordinance without explanation in the despatch an

the report.

4. At (1) on O.D.M. file RC.209/77/03 is a despatch of

5 February in which the Governor asks for the Secretary of State's approval of the appointment of Mr. Scholes to the post

of Senior Puisne Judge. Mr. Scholes is, of course, the senior

in date of appointment among the Puisne Judges but he is far

from being the best or the most energetic. It is clear enough that the Governor and the Chief Justice realise that

/Mr. Scholes