PRIORITY
CYPHER CAT/A
(HK)
RECKS
FM F C O 231840Z
28
34
›.F
(29)
DEDIP
STAFF IN CONFIDENCE
TO PRIORITY GOVERNOR HONG KONG TELEGRAM MUMBER 202 OF 23 FEBRUARY, 1973.
PERSONAL FOR GOVERNOR FROM WATSON.
MIPT AND YOUR TELEGRAM NO 179: SENIOR APPOINTMENTS,
ON THE QUESTION OF ROBERT'S ELIGIBILITY FOR APPOINTMENT AS CHIEF JUSTICE THE NEXT TIME ROUND, THE FORMULA IN PARAGRAPH 2 OF MY TELEGRAM UNDER REFERENCE HAS BEEN CAREFULLY WORKED OUT BY THE LEGAL ADVISERS AND COULD, IF ROBERTS ATTACHES IMPORTANCE TO THE POINT, BE INCLUDED IN HIS FORMAL LETTER OF APPOINTMENT (WHICH IN THIS CASE WE THINK SHOULD BE ISSUED BY YOU ON THE SECRETARY OF STATE'S DIRECTION) OR IN A SEPARATE FORMAL LETTER.
2. FOR YOUR BACKGROUND INFORMATION, THE REASON WE CANNOT BE MORE FORTHCOMING IS THAT A COLONIAL SECRETARY MIGHT, DURING HIS TENURE OF OFFICE, PERSONALLY CONDUCT HIMSELF IN SOME MANNER THAT RENDERED HIM THELIGIBLE FOR CONSIDERATION. HE MIGHT ALSO BE
INVOLVED IN SOME EXCEPTIONAL MATTER OF GOVERNMENT BUSINESS WHICH
COULD CONCEIVABLY RENDER HIS SUBSEQUENT APPOINTMENT AS CHIEF
JUSTICE INAPPROPRIATE BECAUSE AS COLONIAL SECRETARY HE WAS
NECESSARILY ASSOCIATED WITH IT VIRTUTE OFFICII. THESE
POSSIBILITIES ARE HYPOTHETICAL BUT THEY DO MAKE IT IMPOSSIBLE TO GUARANTEE (NOR WOULD IT BE FAIR TO ROBERTS TO DO SO) THAT HIS
PROSPECTS OF SUCCEEDING TO THE POSITION OF CHIEF JUSTICE WILL IN
NO WAY BE PREJUDICED BY ACCEPTING THE COLONIAL SECRETARYSHIP. BUT
HE WILL HIMSELF NO DOUBT RECOGNISE SUCH POSSIBILITIES AND I HOPE THAT THE ASSURANCE IN MY TELEGRAM UNDER REFERENCE, WHICH HAS BEEN VERY CAREFULLY CONSIDERED, WILL BE ENOUGH FOR HIS PURPOSES.
DOUGLAS-HOME
FILES
HD HKIOD
HD GIBRALTAR & GENERAL DEPT:
MR RUSHFORD
SIR V EVANS
MR WILFORD SIR D WATSON
COPIES TO :
MR FIFOOT, LEGAL ADVISERS
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