STAFF IN CONFIDENCE
4. But the substantial question is whether, if the age rule
can be amended, it should be changed in the interests of
Sir Ivo Rigby. The Governor thinks not, and if his advice
is accepted then the other arguments in Mr De Basto's letter,
about Sir Ivo's experience and his performance as Chief Justice,
fall to the ground. Although therefore we may wish to re-examine
the age rule in due course, it seems that this is not the time
to do it. Perhaps fortunately we are not now following up the
suggestion of changing the rule to accommodate Mr Justice
Blair-Kerr.
5. To avoid a quarrel about the abilities and performance of
Sir Ivo Rigby it would seem desirable to take some shelter
behind the age rule in any reply to Mr De Basto. But we clearly
cannot reply in terms which imply that the succession is already
decided. If therefore Sir Vincent Evans and Sir D Watson agree
that these most recent representations should make no difference
to our recommendations on the Chief Justice, I recommend that we
should send the text of a reply to the Governor for clearance
on the lines of the attached draft.
31 January 1973
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G
STAFF IN CONFIDENCE
ACSLS
A C Stuart
Hong Kong & Indian Ocean Department
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