TNAG-0352-FCO40-388-Appointments-to-judiciary-of-Hong-Kong-1972 — Page 112

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which must have been a source of bitter disappointment to Mr. Morley-John, may have induced in him a certain lack of self- confidence and despondency as to his future.

When previous appointments to Tuisne Judge were being considered, the Chief Justice expressed the view that Mr. Morley- John had the ability, experience and personal qualities to fill the post of Fuisne Judge with "reasonable and adequate competence, even if not with distinction." Although the Chief Justice still adheres to that view, he has come to the conclusion that Mr. Cons is the better lawyer and would make the better judge. Mr. Cons acted as a Puisne Judge for a very short period in 1969 and has frequently sat as a Commissioner since June 1971 to try criminal cases in the Supreme Court. Mr. Cons has the reputation of being very much the master of his own court, a quality which Mr. John does not possess to the same degree.

Morley-

Although reluctant to recommend that Mr. Morley-John, who is of greater age, seniority and length of service, should once again be passed over, the Chief Justice feels that Mr. Cons has the stronger claim, since it is essential that appointments of Puisne Judge should be on a strictly selective basis, the para- mount consideration being that the officer of greater merit should be appointed.

For the second post, the Chief Justice has recommended the appointment of a practising member of the Hong Kong Bar, Mr. M.H. Jackson-Lipkin. In making this recommendation the Chief Justice has stated that, if it is considered appropriate to appoint a member of the Hong Kong Bar to the Bench, it would be right to consider the merits of other more senior members of the Bar.

The Chief Justice therefore sought, in strict confidence,

the views of Mr. D.A.L. Wright, a highly respected member of the

Hong Kong Bar of over 20 years' standing. Mr. Wright himself is

not interested in appointment and his views on the practising Queen's Counsel at the Hong Kong Bar (with which the Chief Justice agrees), can be summarized as follows:'

Name

S.V. Gittins, Q.C.

Oswald Cheung, Q.C.

Brook Bernacchi, Q.C.

*

Gerald de Basto, Q.C.

Remarks

Understood not to be interested. Also, is over the age of 62 and has suffered from ill-health.

Member of the Legislative Council. las indicated that he is not at present interested in appointment to the Supreme Court. Although an ' able and forceful advocate and a Good lawyer, he has a somewhat volatile temperament.

Not considered to be suitable. Suffered a stroke some years ago and is partially paralysed.

Not really suitable. Has acted as Commissioner of the Supreme Court on one or two occasions.

CONFIDENTIAL,

.....H. Litton

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