TNAG-0363-FCO40-409-Appointments-of-senior-officers-in-Hong-Kong-1973 — Page 102

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(age 51), Mr Justice Blair-Kerr (age 60) and

Mr Justice Briggs (age 58). Mr Justice Blair-Kerr

is the most senior of the three judges holding the

post of "Senior Puisne Judge" and acts for the

Chief Justice in his absence. The relative merits

of each candidate were considered by the Governor

in his despatch of 4 August 1972. One further

possibility that was considered was the contin-

uance in office of Sir Ivo Rigby. This would

however be conditional upon the retiring age for the

Chief Justice being raised. As Mr Justice Blair

has less than two years to serve before retirement

and his appointment would also be subject to

which

Article XVI A of the Letters Patent/ governing

retirement age being amended.

4. The Governor came down firmly against

Mr Huggins and was also against the suggestion

that Sir Ivo Rigby should be asked to continue in

office. But if the retiring age could be raised

said he

he/would prefer Mr Justice Blair-Kerr to Mr Justice

he/would

Briggs. The Governor had previously nominated

Mr Justice Briggs as a second choice on the

assumption that Mr Justice Blair-Kerr was ruled

out because he had less than 2 years to serve

before retirement.

5. The question of whether the retiring age should

be amended was considered by the Legal Adviser,

Sir Vincent Evans. His conclusion was that the an

extension of the retiring age should only be

contemplated if there were serious doubts of the

suitability of a younger candidate and if the older

/candidate

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