Note by Attorney General.
44/2/1
THE BACKGROUND.
At the beginning of this year, the Hong Kong Government was concerned, in view of the increasing number of serious criminal cases, about the possibility of unacceptable delay in the trial of cases committed to the Supreme Court (notwithstanding the appoint- ment during 1972 of two additional judges) and also about the possibility of delay in the trial of cases in the District Court.
THE DECISIONS.
2.
The Government concluded that it would be prudent to ensure that a serious build-up of cases awaiting trial in either the Supreme Court or the District Court could be tackled adequately.
One step which was taken was the creation of two additional posts of District Judge.
3.
It was also considered that some modification of the Attorney General's existing policy with respect to the courts before which criminal cases are taken might become necessary. In particular, some of the cases which under existing policy are committed for trial before the Supreme Court might have to be taken instead to the District Court.
4.
The position in Hong Kong is that the Attorney General has, and has had since the District Court was created in 1953, a discretion as to whether a charge for an indictable offence is transferred to the District Court from the magistrate's court before which the accused first appears or whether he will seek a committal for trial before the Supreme Court. Where the Attorney General applies for a transfer to the District Court, the magistrate must transfer the case. Indict- able offences may also be tried summarily before a magistrate with the agreement of the prosecution.
5.
A consequence of the transfer to the District Court of some cases which would normally have been committed for trial to the Supreme Court could be to cause an unacceptable build-up of cases awaiting trial before the District Court. It was, therefore, accepted that it might become necessary for some additional indictable offences to be tried in the magistrates' courts. A large number of indictable offences is, and has always been, tried in those courts.
What was envisaged was that a few rather more serious indictable offences might also have to be tried there.
6.
These possibilities were raised in the course of forward planning to meet what might become a critical situation if the rise in crime in Hong Kong should continue unabated. Their implementation would involve no change in the law for the reasons given in paragraph
4.
At the same time, the Government was concerned that, if the existing policy had to be modified, the result should not, by reason
7.