TNAG-0700-FCO40-852-Appointment-of-District-and-High-Court-Judges-in-Hong-Kong-1978 — Page 11

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The views I have expressed do not mean that I should be opposed

in any circumstances to the temporary loan of a senior judge from England.

One could envisage a situation in which a colonial Supreme Court had lost entirely the confidence both of the colonial Government and the people and in which there was no way to restoring that confidence save by bringing in for a short time a judge of unquestioned ability and integrity to sort things out. But that is not the situation in Hong Kong, nor is it what Roberts is asking for.

I think that, if Hong Kong wants to strengthen its Supreme Court by recruiting from England it will have to look to the practising Bar.

I know the difficulties, because no Lord Chancellor could undertake to

find a suitable judicial appointment for the person concerned on his return. The most that he could say would be that a relatively short period in Hong Kong need not reduce his chances of an appointment; but that gives little security.

If the views I have expressed above are sound, it really means that we cannot give Roberts any encouragement. Indeed, I doubt whether it

would be fair to ask him for further particulars if the answer must in the

end be "no".

I should be grateful for any further observations you see fit

to make before I write to Roberts.

Your

Sincerely. Liefnio Baine

J. W. Bourne

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