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But
move direct from the Head of the Legal Department to the head of Judiciary. (Neither of these considerations are decisive in themselves; some excellent CJs have lacked prior judicial experience, while a man who is fit to be CJ on other grounds could be expected to divest himself of any improper bias. the point having been made in the Hong Kong context against
Finally, Blair-Kerr, it inevitably has to be raised again.) though "some years" have passed since he was ruled out of the succession on the ground of age, if he became Chief Justice in 1973 he would still have the best part of twelve years to serve before reaching retirement age. This inevitably makes one ask oneself whether, however high the qualities with which he assumes office, so long a tenure of office is in the best interests of the judiciary itself.
8.
For alternatives, in the circumstances that no outside candidate were available one has to look at the Bench in Hong Kong itself. It does not seem necessary to look further than the two judges next in seniority to Blair-Kerr, viz. Mr Justice Briggs and Mr Justice Huggins.
He has had 9.
Briggs has certain points in his favour. nearly fourteen years of judicial experience (as well as previous service as an Attorney-General), three of them as Chief Justice in the Western Pacific, where, though I don't suggest for a moment that the administration of justice there is anything like as substantial or important as in Hong Kong, he' was consistently described by David Trench and Robin Foster in their reports as "most helpful". His last Hong Kong report credits him with "very considerable administrative ability", readiness to accept responsibility, "the capacity to get through a great deal of work - probably more than any other Supreme Court Judge with the minimum of fuss and "excellent" capacity for organisation and relations with the public" - all
Finally of which seem admirable qualities for a Chief Justice. since he would be 62 in May 1976 he would not have so many years to serve.
10.
a
Against this he is said to have had defects of temperament - mercurialness, an impatience with those less nimble-minded than himself and a tendency to jump to conclusions too precipitantly and in the process closing his mind to further argument qualities which seem to be the counterpart of his merits.
11.
Huggins's merits are from his reports a readiness to accept responsibility and to discharge it with the most conscientious care. He is rated "good" on administrative ability, capacity for organization and relations with the public, but the last Chief Justice tempered his praise with references to a tendency to pernicketiness in administrative matters and intense suspicion of encroachment by the Executive on the independence or responsibility of the Judiciary.
His
/experience
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