TNAG-0262-FCO40-298-Appointments-to-judiciary-of-Hong-Kong-1970 — Page 85

Scholes would not be regarded here as a suitable appointment

and the fact that he has a comparatively short time to serve

would really be beside the point. I think you will agree that

on grounds of capacity and general suitability Blair-Kerr heads

the field, just as he would for the post of Appeal Judge if

eventually created. He has a very fine record which we discussed

very fully with you when the Chief Justiceship was under

consideration and he has been recommended for accelerated

promotion since 1966. If, on reconsideration, you agree that

this post should be filled on merit and that Blair-Kerr should

consequently get it, you might prefer him to be appointed on your

formal recommendation. If so, you could of course withdraw your

present recommendation for Scholes appointment and either submit

the name of Blair-Kerr alone or, if this would make things

easier for you with the Chief Justice, submit the names of

both Scholes and Blair-Kerr in terms which indicated that you

would be satisfied with whichever of them the Secretary of State

decided to select.

3

I appreciate that in some respects Blair-Kerr's appointment

might not be to the liking of the Chief Justice but that, I am

afraid, is a risk that one must be prepared to take. I believe,

however, that Blair-Kerr is a very sensible man who, whether as

Jon't like

this much

Mw.

Let it stand Though I share M' Willford's

destart!

Senior Puisne Judge or as Appeal Judge, could be relied upon to behave with

tact and discretion even though there may be certain matters in the

professional field on which he and the Chief Justice do not see

eye to eye.

4

I think you will agree that the fewer people that are brought

into this discussion the better and this letter is intended only.

for your eyes and those of Norman-Walker,

Clearly, however, you

must have something to show the Chief Justice and I enclose a

second letter for that purpose. You could also show it to the

Attorney-General if you think that there is any need to involve him.

with whom you

may wish wo to discuss the is fine

whom he is

home

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