TNAG-0314-FCO40-350-Appointments-to-judiciary-of-Hong-Kong-1971 — Page 109

keference...........

Mr Lard (Hong Kong Department K 246)

1. Sir James McPetrie and I have considered this

We both problem further in the light of your minute. remain of the view that we should refer the recommen- dation in respect of Mr Morley-John back to the Governor.

2.

Our unease over this recommendation arises from the following:- the Governor refers to earlier correspondence dealing with Mr Morley-John's qualities. The immediately preceeding letter is at folio l in this file and that letter speaks of Mr Morley-John as an "able, competent, conscientious and hard-working judge". A previous letter, which may be the earlier letter referred to in the Governor's despatch, as at Flag B in Mr Morley-John's P and T file. There it is noted that Mr Morley-John was very conscientious and devoted long hours of earnest endeavour to his work, that he was hard-working conscien- tioue and had discharged satisfactorily his administra- tive functions. The letter goes on to say "While there

is no reason to think that he has not done his profess- ional work as a District Judge competently and well, he has not, as yet, been able to alter the Chief Justice's [Sir Michael Hogan] belief that his mential equipment and professional qualities are little above average or to demonstrate that he has, in addition to the capacity and will for hard work, other qualities that go to make a highly competent Supreme Court Judge. This latter assessment is in line with the assessment in the confiden- tial reports and is not inconsistent with the letter at folio 1.

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3. Moreover Mr Morley-John is recommended as "the best candidate". Of the four condidates mentioned in the Governor's despatch, I would not think that there can be much doubt that, on paper, Mr Cons was the best candidate. His confidential reports speak for themselves and though it is true that he has some four years less in total seniority than, Mr Morley-John (and he is five years. younger), he has sat on the District Bench for 16 months longer. It may be that Hong Kong are anxious that seniority should have due weight in promotions, and I would not dispute that it has a place. But the Governor's despatch does not make that point. It asserts that Mr Morley-John is the best candidate, it does not consider his candidature as against Mr Cons', and it does not avert in any way to the doubts held by the previous Chief Justice as to his capacity.

The

4. We would, therefore, advise that we should go back to the Governor and put these two points to him. line we could take would be to note that, although

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STAFF IN CONFIDENCE