TNAG-0314-FCO40-350-Appointments-to-judiciary-of-Hong-Kong-1971 — Page 79

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Mr Wilford

Sir L Marson

Macon

STAFF IN CONFIDENCE

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Chien to RC 209/11/04/

(21)

APPOINTMENT OF PUISNE JUDGE HONG KONG

1. In our telegram No. 372 we accepted the proposal in the

Governor's despatch of 31 March that District Judge Li Fook-

Sean should be appointed to the Supreme Court Bench. In the

same telegram we asked if the proposal to promote District

Judge Morley-John could be reconsidered.

2. We recently received the Acting Governor's despatch

No. 71. As you will see, Sir Hugh Norman-Walker wrote that

"the Chief Justice would find it hard to substantiate a

recommendation that Mr Cons should take precedence over

Mr Morley-John in view of the disparity in their experience,

seniority and age". Nevertheless, the upshot of the

reassessment of those in the field for promotion has produced

the view, supported by both the Chief Justice and the Acting

Governor, that Mr Leonard is a better candidate and would be

more likely to make a better Supreme Court Judge than either

Mr Morley-John or Mr Cons. I discussed this turn of events

with Sir J McPetrie before he retired. A record of his views

is set out in my minute to Mr Rushford of 30 June.

Mr Rushford and the ODA both agree that we should proceed as

proposed by Sir J McPetrie.

3.

I am not sure if Sir D Trench is aware that proposed

appointments to the Supreme Court Bench are not in fact

submitted to The Queen and that Sir L Monson approves such

appointments with the agreement of the Legal Adviser.

STAFF IN CONFIDENCE

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