TNAG-0262-FCO40-298-Appointments-to-judiciary-of-Hong-Kong-1970 — Page 78

CONFIDENTIAL

Reference.......

also wish to make comments which could not be shown to the

Chief Justice. I suggest, therefore, that you write two

letters to the Governor on the lines of the attached drafts.

Draft A is intended only for the eyes of the Governor and

presumably Sir Hugh Norman-Walker. Draft B could be shown to

the Chief Justice and to the Attorney-General if the Governor

wishes to bring in the latter. I do not know whether you will

wish to discuss the matter with the Minister of State before

writing; but in case you do I have included a reference to

Ministers in paragraph 3 of draft B, where I think it might

have a salutary effect. Draft A is no more than a cockshy.

The terms and the tone of such a letter must be very much a

matter for you.

7. If you write to the Governor on the lines I suggest, it

is for consideration whether copies of your letters

at any

rate draft A should be entered on 0.D.M. papers. It might be sufficient merely to note on RC.209/77/03 that you have written

to the Governor and no action is to be taken pending receipt

of his reply.

JCMIPehe

(J.C. McPetrie)

11 March, 1970

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3/€

PSA 353/169/02

1957/54)(45

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P.S.

(a) Since this minute was typed I have been told by Mr. Carter that the Legislative Council minutes throw some light on the difference between the Bills and the Ordinances the deletion of the reference to the Appeal Judge was apparently accepted by the Government at the instance of Mr. Oswald Cheung, a prominent barrister and member of Legislative Council. This

will involve some alteration of the draft letters and I should

be grateful if Mr. Carter would undertake this. I still think it odd that the Government should have found itself in a position where it had to make a last-minute concession of this kind.

(b) Draft B states that the raison d'etre of the post of Senior Puisne Judge is that the occupant may act as Chief Justice whenever necessary. I think this is justifiable on the basis of the Governor's despatch alone see, however, Sir Michael Hogan's letter at (45) on OSA.333/169/02

and there may be a statement to this effect in the despatch covering the Hong Kong legislation which originally created the

post. This might be the file referred to in the margin of Sir Kenneth Roberts-Wray's minute of 19/6/58 on OSA.333/169/02.

тепер