}
2
of the maximum sentencing powers of the respective courts, be lower sentences than would otherwise be appropriate. This would be entirely contrary to the public interest in a situation where serious violent crime is prevalent and there is considerable concern in the community.
8.
This led to the decision that the maximum sentencing power of the District Judges and certain experienced magistrates should be increased. The decision was taken after consultation with the former Chief Justice and it had his general support. It is obvious that proposals of this nature could not otherwise have been put forward.
THE DISTRICT COURT.
9.
Although the Hong Kong Bar Association has, since the establishment of the District Court in 1953, consistently criticised the Court because there is no jury, it has long established its position as an effective and respected part of the judicial system.
10.
It is correct, as the letter from the Hong Kong Branch of Justice states, that there is no shorthand record in the District Court, and the burden which this imposes on the judges has always been recognised. The absence of a shorthand record is not a matter of Government policy : it is attributable to the Government's inability to recruit suitably qualified people for this work. The allegation that it is rarely, if ever, possible for District Judges to assess the demeanour of witnesses is quite unjustified. It will be unnecess- ary to remind you that it is an allegation that judges of the District Court are failing to discharge one of their prime duties. The allegation is totally rejected, and the Chief Justice of Hong Kong is deeply disturbed that it should have been made.
11.
Trials in the District Court do not last longer than trials in the Supreme Court. The Hong Kong Branch of Justice is either mis- informed or uninformed. Verdicts are usually given at or very shortly after the conclusion of a trial.
12. Legal aid is available in the District Court, as stated in the letter, to any person who faces a charge for an offence punishable with imprisonment for 14 or more years, which includes, for example, robbery cases. It is estimated that at least half of the persons tried in that court are eligible for legal aid. Furthermore, it is considered that, if it should become necessary to transfer to the District Court some cases which would normally have been committed to the Supreme Court, no accused person will thereby be deprived of legal aid, since the offences will all be punishable with at least 14 years' imprisonment. The Government hopes to see legal aid extended further, but the pace at which this can be achieved has to be determined with regard, among other matters, to the availability of counsel and solicitors.
THE PRESENT POSITION
13.
The District Court (Amendment) Bill was passed by the