TNAG-0500-FCO40-565-Appointments-of-puisne-judges-in-Hong-Kong-1974 — Page 20

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Mr Youde

CONFIDENTIAL AND STAFF IN CONFIDENCE

12

HONG KONG:

1.

JUDICIAL APPOINTMENTS

In his depatch of 7 January the Governor sent us his

recommendations for filling the vacancy of Senior Puisne Judge and

2.

a consequent vacancy for a Puisne Judge.

reasons.

We

We were not content with these recommendations for two

We thought it time to reconsider the need for the post

of Senior Puisne Judge (the abolition of this post had been

discussed with Sir Murray's predecessor, and the question has

become even more relevant with the proposal to set up a Court of

Appeal). Secondly we were not sure that the Governor was

recommending the right candidate for either of the vacancies.

put these points to the Governor (FCO telno. 113) In his reply

(Hong Kong telno. 212) the Governor accepted that the post of

Senior Puisne Judge should remain vacant, but he nevertheless

reaffirmed his wish to promote Mr Baber to Puisne Judge in order

to maintain the total number of judges on the High Court bench.

effect, therefore, his recommendation is to create an additional

post of Puisne Judge.

3.

In

I see no objection to this expansion, nor do the Legal

Advisers. The Legal Advisers are also prepared to accept the

recommendation of Mr Baber to fill the vacancy, and so am I (I knew

Mr Baber in Uganda). Our main doubt was whether, by filling the

only immediate vacancy with a local man, we were missing the chance

of reinforcement of the Hong Kong Bench from the UK Bar. But the

Governor's reply was that he thought the introduction of an outsider

/would be

CONFIDENTIAL AND STAFF IN CONFIDENCE