TNAG-0500-FCO40-565-Appointments-of-puisne-judges-in-Hong-Kong-1974 — Page 26

GRPS 310

CYPHER/CAT A

FM HONG KONG 150617Z

CONFIDENTIAL

CONFIDENTIAL

RECEIVED IN REGISTRY No.52

15 FEB1974

HIKK147

TO ROUTINE F C O TELNO 212 OF 15TH FEBRUARY,

YOUR TELEGRAM NUMBER 113

VACANCY FOR SENIOR PUISNE JUDGE.

LAST

دان

15

TOP COPY

IS FEDIY/4

1974.

WE HAVE CONSIDERED WHETHER THE POST OF SENIOR PUISNE JUDGE SHOULD BE RETAINED AFTER A PERMANENT COURT OF APPEAL IS ESTABLISHED. BOTH THE CHIEF JUSTICE AND THE ATTORNEY GENERAL THINK THAT

IT SHOULD NOT. I AGREE AND ACCORDINGLY PROPOSE THAT THE

POST AS SUCH REMAIN VACANT. THIS DISPOSES OF THE NEED TO GIVE

FURTHER REASONS FOR PREFERRING PICKERING TO HUGGINS.

2. ALTHOUGH THE POST.OF SENIOR PUISNE JUDGE SHOULD REMAIN VACANT, IT IS INTENDED THAT THE VACANCY IN THE SUPREME COURT BENCH SHOULD BE FILLED AND I WOULD ACCORDINGLY BE GLAD IF YOU WOULD CONSIDER MY RECOMMENDATION THAT MR. E.G. BABER BE APPOINTED A PUISNE JUDGE.

3. WE THINK THAT THE POSSIBILITY TO WHICH YOU REFER IN PARAGRAPH 3

OF YOUR TELEGRAM SHOULD BE CONSIDERED WHEN APPOINTMENTS TO THE COURT OF APPEAL ARE MADE ON ITS ESTABLISHMENT, WHICH I HOPE WOULD BE DURING THIS YEAR. THE CREATION OF A COURT OF APPEAL IS LIKELY TO GIVE RISE TO ONE EXTRA POST IN THE SUPREME COURT AND AN

APPOINTMENT FROM OUTSIDE THE SERVICE WOULD BE MORE READILY ACCEPTED IN THOSE CIRCUMSTANCES,

14. MAY I ASK

CONFIDENTIAL