TNAG-0314-FCO40-350-Appointments-to-judiciary-of-Hong-Kong-1971 — Page 107

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M'haund

Sir L Mons

Lionson

2 VACANCIES FOR FUISNE JUDGES IN HONG KONG

1.

In his despatch of 31 March, the Governor has recommended

the promotion of District Judge Morley-John and District Judge

Li Fook-sean to fill vacancies on the Supreme Court Bench

occasioned by the retirement of Mr Justice Scholes (who left

the Colony on pre-retirement leave on 28 March 1971) and the

forthcoming retirement of Mr Justice Mills-Owens on 6 June 1971.

The proposal is that District Judge Morley-John should fill the

first vacancy and thus be senior to District Judge Li.

2.

With some reluctance the ODA have advised that these

recommendations should be accepted (Mr Greenland's minute to

Mr Fifoot of 3 May). You will see that Mr Greenland has also

raised the question of "promotion" to the post of Senior

Puisne Judge. You will remember that Mr Justice Scholes'

appointment as Senior Puisne Judge was only agreed here because

he had such a short time in which to serve before retiring.

3.

The Legal Advisers feel that for the reasons set out by

Mr Fifoot in his minute to me of 14 May we should go back to

Hong Kong for an assessment of Mr Morley-John's candidature

against that of Mr Cons. As you will see from my minute to

Mr Fifoot of 13 May I was at first doubtful about this, mainly

because it seemed unlikely whatever we said that Hong Kong

would amend their recommendation. However, having now seen

the earlier report on Mr Morley-John (the Acting Governor's

despatch No. 1708 of 13 December 1968) I think we should make

the points suggested by the Legal Advisers even though Hong

Kong will no doubt argue that Mr Morley-John is nearly 5 years

/senior

STAFF IN CONFIDENCE