TNAG-0395-FCO40-441-Appointment-of-Chief-Justice--Hong-Kong-1973 — Page 11

STAFF

IN CONFIDENCE

SIR DUNCAN WATSON

HONG KONG

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With reference to your minute of 9 January attached a person would

not be excluded for consideration for appointment as Chief Justice

Hong Kong by reason only of the fact that he held or had held office

as Colonial Secretary in Hong Kong.

2. Obviously a Colonial Secretary might, during his tenure of

office, personally conduct himself in some manner that rendered him

ineligible for consideration. A Colonial Secretary 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

et necessarily associated with er virtute officii. This is a hypo-

thetical situation and it is not possible for me to give an example

or assess the risk of its occurrence. Nevertheless should Mr.

Roberts be offered appointment as Colonial Secretary this point

must be made to him.

3. In short he should understand that the question of his

suitability for appointment as Colonial Secretary would have to be

assessed again from every point of view when the time came.

4. Sir Vincent Evans concurs in this minute.

11 January 1973

c.c.

Sir Vincent Evans

Wilford

Mr.

Mr.

Stuart

Mr. Fifoot

Mr. Shaw.

A.R.R

AR RUSHFORD

DEPUTY LEGAL ADVISER

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