TNAG-0352-FCO40-388-Appointments-to-judiciary-of-Hong-Kong-1972 — Page 52

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IN CONFIDENCE

Reference

33

and himml a candidals

for appointment as Ch. J., H. K.,

Y

REIVED IN REGISTRY No.51 2 5 JUL 1972

HKIL 14/6

Mercoled

to HILK 14/48

Mr Laird (Hong Kong & Indian Ocean Dept, Room K 246)

Kir Rorts (Caribbean Department, Room X 364)

1.

Sir Vincent Evans had lunch today with Sir Ivo igby, the present Chief Justice of Hong Kong. They discussed, amongst other things, the possible candidates for appointment as Chief Justice in Hong Kong when Sir Ivo retires in May next year.

2. Sir I Rigby suggested that consideration might be given to the appointment of ir Justice Summerfield, now Chief Justice of Bermuda, and if this were effected,

Mr Denys Roberts, presently Attorney-General in Hong Kong, might be considered for appointment to Bermuda to replace Mr Summerfield.

3.

Sir V Evans and I have strong doubts about these possibilities. These have nothing to do with the suitability of Mr Cummerfield. Although he has not had time to demonstrate his capacities on the bench he would make a suitable candidate and in terms of seniority is senior to any possible Hong Kong candidate, except Ar Justice Briggs.

Our doubts centre upon the fact that ir Summerfield was appointed Chief Justice of Bermuda only at the beginning of this year. It is hardly desirable that he should be offered a move (which must be anticipated that he would accept) so soon. Koreover, there

must be considerable doubt whether the second half of the proposition concerning Mr Roberts would be feasible. Mr Earle Seton, a Bermudan, was appointed a puisne judge for Bermuda this year and even if there were not local reasons for appointing him immediately to succeed

Kr Summerfield, it would be unlikely that Bermuda would be receptive to the appointment of an expatriate who would have some 12 years to go before he reached retiring age.

LL.

You may wish to comment on this suggestion of Sir I Rigby.

14 July 1, 72

Mr Roberts Mr Fifoot]

1.

band filect.

PRifoct

Legal Counsellor W 44/3 3 1177

I cannot comment on the erits of Mr Justice Summerfield for appointment as Chief Justice of Hong Kong. On the other hand I have no doubt that Mr Roberts would make a good judge either in Hong Kong or anywhere else. I think the only other point

/I can

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