L. ww
Ref: AGC/6/1850/72 II
1FEBM
1:
REF.
ATTORNEY GENERAL'S CHAMBERS
HONG KONG
5
J.A.B. Stewart, Esq.,
Hong Kong Department,
Foreign and Commonwealth Office, LONDON, SW1A 2AH.
Dear Steward,
AKK 300/ S481(26
27 January, 1977.
Pla
R&R.
Q
jeles 31/1
Child Labour and the Granada Programme
"World in Action"
The Governor has asked me to reply to paragraph 3
of your letter of 30 December.
As you will know, the Attorney General has power under the Criminal Procedure Ordinance to seek a review by the Court of Appeal of a sentence which is "manifestly inadequate". This is a power which I exercise regularly, though you should know that it is not popular with the judges. Consequently, they impose a pretty stiff test. before they are prepared to conclude that any given sentence was "manifestly inadequate".
Child labour is an area in which I have hitherto
not exercised my review powers. Frankly, I had not directed my mind to this particular problem, and the fact is that sentences are low here right across the board, as I have stated publicly. The Court of Appeal would be inun- dated if I were to move on every case where I believe a sentence to be inadequate. However, child labour is now clearly an area in which I must try to do something, and the approach that we shall adopt is the obvious danger to life and limb posed by the employment of children. I cannot use the prevalence argument because we do not believe that the offence is prevalent.
L...
The Director of Public Prosecutions has arranged that Price will bring a suitable case to our notice.
Crown