葉錫
錫恩
(MRS.) E. ELLIOTT.
TEL. 3-422414
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55. Kung Lok Road, Kwun Tong,
KOWLOON.
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Magistrates into pleading guilty. The pressure is reinforced by police personnel (usually the C.I.D..), prior to the case appearing in court, not to mention pressures exerted by their legal represent- atives (mainly solicitors), as time is a great asset to them, when mere renumeration is sought from other cases under their briefing.
It is unfortunate that legal aid does not extend to the Magistrates' Courts, as this could remedy some at least of these shortcomings, though even then pressure has been put on legal representatives by some magistrates to bring pleas of guilty to save the time of the Court.
Another complaint against the Judiciary is that in some cases, persons found guilty of non-violent crimes are being sent to detention centres intended for violent offenders. As a result of our recent visits, Mr. Sanguinetti was instrumental in removing through the courts one such cases from the detention centre. We were also horrified at some of the draconian sentences imposed on first offenders for non-violent crimes, a view shared by some parliamentarians and members of the Upper House in the U.K. Another matter which struck us was the length of time condemned persons have to wait to have their appeals heard persons who might well be set free or have their capital sentences commuted on appeal. The latter have to spend most of their time in solitary cells before commutation takes place, and this in turn cannot be done until their appeals are determined.
Your Excellency will recall what I pointed out to you about a Magistrate being "non corpus mentis" in the aforesaid letter; this view was seen justified when he was removed. from the bench soon after- wards. One does not deride the unfortunate magistrate in a case like this, but justice to the public is of overriding importance and must be protected.
In a number of cases, especially from San Po Kong Magistrates' Court, cases of abuses and injustices have been referred to the Attorney-General's Chambers, but nothing has been done by that Department to remedy such blatant injustices. A reasonable inference could therefore be drawn that part of the prosecution section depend- ing who heads the section for the time" being is generally concerned partly due to Social Contacts, with the police, mainly to cover up their misdeeds. I should reiterate with the greatest respect that the whole legal system should be overhauled when the present incumbent Head of the Judiciary retires or maybe earlier. The extent of dis- content is such that it has reached even to High Court Judges them- selves.
Cont./ 17