CONFIDENTIAL
no alternative but to ask the Governor to postpone the
third reading if necessary, while we consider Lord Gardiner's
representations.
4. This is a pity. The Governor took the precaution of
consulting us about the legislation in the drafting stage,
and we, after consulting the Legal Advisers and Under Secretaries,
said that we had no preliminary objection, subject to some
comments about the undesirability of mandatory custodial
sentences for young persons. We do not want, in the wake of
the Tsoi case, to give the impression that we support the
Hong Kong Government only until there is a fuss in this country.
5. The increases in the jurisdiction of the lower courts do
not, even on reflection, appear intolerable in the circumstances
of Hong Kong. They are not, for example, inconsistent with
the former practice of the African dependent territories.
points in Mr Litton's memorandum which may have some validity
are the alleged administrative drawbacks of the lower courts
and the absence of legal aid. These were not covered in the
ExCo draft which the Government sent us. But even here the
Bar Association concerns may be somewhat suspect, since their
own emoluments are involved. We should therefore in the
telegram to the Governor make it plain that the purpose of
suggesting a delay is to get the necessary legislation through
as smoothly as possible.
6.
I submit a draft telegram accordingly and an interim
The
- 2
CONFIDENTIAL
/reply