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J W Bourne Esq CB
Lord Chancellor's Office House of Lords
LONDON SWLA OPW
My dear Wilfred
Tel No 233 5994
To ENTER
Foreign and Commonwealth Office
London SW1A 2AH
15 December 1977
HKC 380/6
RA...!
INDEX
1 DEC 1977
NO 1K). 19/14
NO. 51
on Takan
1. One of the chronic discontents among the members of the government and administration in Hong Kong, likewise the police force, and, for all I know, among some sections of the public as influenced by the local press, is the sentencing habits of the judges, who are thought to be too lenient in dealing with serious crimes, particularly crimes of violence. Some members of the local bar, while perhaps not concerned about lenient sentences, are concerned because of what they regard as inconsistent sentencing policies, so that a sentence awarded by one judge is no guide to what might be awarded in a similar case by another.
2. No doubt some of these grouses were ill-founded, but my impression has been that they are not wholly without substance. All seem to agree that there was a considerable improvement when the present Chief Justice (Geoffrey Briggs) took over from his predecessor (Ivo Rigby) and the recent establishment of a separate Court of Appeal in place of the Full Court (drawn from judges of the Supreme Court who also sat at first instance) may have helped
also.
3. The fact remains that there is still dissatisfaction about sentencing and when the Attorney-General (John Hobley) last called on me for a general talk this was one of the topics he mentioned.
4. This leads me to wonder whether you, or one of your assistants, would give me any guidance about the relationship between the Chief Justice (who in Hong Kong is also President of the Court of Appeal) and his brother judges, whether Justices of Appeal or judges of the High Court, so far as influencing their sentencing habits, and modus operandi are open to the Chief Justice in this regard. Similar guidance about the Chief Justice's relationship with the lower judiciary (judges of the District Courts and magistrates) about their sentencing habits and possible modalities would also be appreciated.
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