2600224
C.S. 84
XCR(73)90
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2
7
The Bill proposes that a new class of magistrate, to be called a principal magistrate, would have the increased power. The Chief Justice would, by notice in the Gazette, appoint a sufficient number of his existing permanent magistrates as principal magistrates. Although the effect of the Bill is not to require that the powers be exercised only by members of the superscale grade of principal magistrate, the Chief Justice has applied for the creation of additional posts within this grade. This will ensure that the en- hanced powers are in practice exercised only by magistrates with considerable experience of criminal jurisdiction in Hong Kong.
8
The Chief Justice has been consulted on these Bills and is generally agreeable to them, though in his view the enhanced powers of principal magistrates should be limited to 3 years ( 4 years în the case of consecutive sentences) rather than 4 years ( 5 years in the case of consecutive sentences) as proposed in the Bill. The Commissioner of Police supports the Bills.
9
It may be that some members of the legal profession will dislike a proposal whereby increased punishment can be imposed upon accused persons convicted before a single magistrate or a District Judge. The Bar Association has, in the past, pressed for more cases to go to the Supreme Court for trial before a jury and may well feel obliged to oppose the reduction in the number of such committals which should follow these measures.
10
However, the introduction as from 1st April 1973 of legal aid in a substantial proportion of criminal trials in the District Court should, it is suggested, reduce the amount of criticism likely to be put forward from that quarter. The increase in powers of sentence is likely to be welcomed by the public, as evidence that a tougher attitude is being taken with regard to sentences of imprisonment, though its real purpose is to adjust the burden of judicial work as between the various courts.
Criminal Procedure (Amendment) Bill 1973
11
During the debate on the Governor's address, on the 15th November 1972, the Attorney General said that the Government was considering the introduction of a system of preventive detention, the object of which is to remove habitual criminals for long periods from society.
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