TNAG-0262-FCO40-298-Appointments-to-judiciary-of-Hong-Kong-1970 — Page 94

Reference...

P.T.O.

Mr. Rushford

P.T.O

Sir James McPetrie

2

Flags

20

& B on HKK 14/25

Flag

&

HICKIN

Sir J. McPetrie will recall that both these

matters were touched on in discussions with the Governor

in November. - see paragraph 8 of the Background Note and paragraph 5 of the record of the discussions.

2.

The abolition of the post of Senior Puisne Judge

was not taken very far on this occasion, and I regret that subsequently we have failed to pursue it (although it was earlier decided to do so in minutes at (6) on HKK 14/25). On reflection, I foresee formidable

difficulties for the Governor if we ask him to take

this up at the present time; our basic argument for discontinuing the post is not one he can put to the present Chief Justice without considerable embarrass-

ment. Moreover, I fear that the receipt on

17th February of a formal despatch recommending the appointment to this post of Mr. Justice Scholes ("in view of the comparatively short time he will serve before retirement") virtually precludes asking

for the immediate abolition of the post. This despatch will be circulating on ODM papers in due course but you may like to know at this stage that it does not touch on the possibility of abolition and

contains the following paragraph :-

3

"However, in advising the promotion of Mr. Justice Scholes, the Chief Justice has stated

that if it had not been for the fact that

Mr. Justice Scholes has only a comparatively short period to serve before retirement, he might have

hesitated to recommend him to fill the post of

Senior Puisne Judge on a long term basis. I agree with this statement, but feel that should

the Chief Justice become a casualty, either permanently or for an extended period, it should not necessarily be taken for granted that Mr. Justice Scholes will have the strongest claim to the necessary acting appointment as Chief Justice."

I suggest that the best we can do at the present time is to put to the Governor in a semi-official letter the full case for the abolition of this post, acknowledging that it is not possible to press it with the new Chief Justice immediately but urging that it should be taken up at an appropriate stage with a

/ view to