TNAG-0314-FCO40-350-Appointments-to-judiciary-of-Hong-Kong-1971 — Page 94

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VACANCIES FOR PUISNE JUDGES IN HONG KONG

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We have now received a reply from the Acting Governor to our Tel. No 372 of 19 May, in which we queried Hong Kong's recommendation of Morley-John to one of two vacancies for the post of Puisne Jugge, in view of the abilities of Cons.

2. In view of para. 5 of Sir Hugh's letter, I suggest that we consider Mr Cons as having dropped out of the running, and compare the chances of Morley-John & Leonard. As Sir J. McPetrie foretold, Hong Kong have changed their views completely, and now recommend Leonard as the most

suitable candidate.

3.

In my opinion, we should accept their new recommend- ation, as Leonard appears to be more able than Morley-John (see page 2 of letter, & annual confidential report,1968). Other assessments on his personal file give a consistent picture of considerable ability and experience.(24 Nov.'66) 4. I have, however, just a lingering doubt about Morley-' John, in view of the Acting-Governor's admission in para 3 that he has in recent years showed signs of increased capabilities, 'even if not with distinction'. I have discovered also, that he has been passed over on a previous: occasion, in 1966 (see HK Saving Despatch of 5 Dec. 1956), and promotion of Leonard will, of course, mean his being passed over again, doppite 6 years' seniority (see Governa's letter of 31 March, 1971 for full details). It seems a choice between seniority and ability, and one's choice will depend on the relative weight one gives to each. As I regard the latter to be more important, and as the Chief Justice

considers, as does the Acting Governor, that Leonard would

make a better Supreme Court Judge than either Morley-John or Cons, on balance, therefore, I support Hong Kong's

recommendation.

APB Lamber

(A.P.B. Lambert)

29 June, 1971

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