TNAG-0262-FCO40-298-Appointments-to-judiciary-of-Hong-Kong-1970 — Page 89

seniority to be acceptable as acting Chief Justice and

(ii) is best qualified to discharge the duties of that office.

It appears that the Chief Justice might have hesitated to

recommend Scholes appointment as Senior Puisne Judge were it not

for the fact that the latter has a comparatively short time to

12a1

serve before retirement and you yourself doubt whether Scholes

would be the right person to act as Chief Justice for an

extended period. Given that the raison d'être of the post of

Senior Puisne Judge is to provide an acting Chief Justice whenever

occasion requires, it seems clear to us that the post should be

held by the judge best qualified to discharge the functions of

Chief Justice in any foreseeable circumstances. May we therefore

have your assessment of other senior judges of the Supreme Court

as possible acting Chief Justices in terms of their professional

capacity. I am, of course, speaking in the context in which

there is no post of Appeal Judge, as to which I have asked what

your plans are. If the creation of such a post were still

it would be necessary ive feel, to rercers contemplated the justification for retaining a special post of

Senior Puisne Judge would have to be reviewed.

3.

I novo die

discussed the contents of this letter with

Ministers and

and we should be grateful if you could let me have an early

reply by ? within two weeks so that we may proceed

to consideration of the judicial appointments proposed in

your despatch of 5 February.

[omy]

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