TFIVENTIAL
30
微密
in Chapter 3 of the Basic Law and the likelihood of a BOR being incompatible with the Basic Law. However, there have been indications conveyed to us by the Chinese side in private that they did not object to the BOR in principle,
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although they had several points of concern. They would not, however, officially raise these concerns until they had the opportunity to study the Bill introduced in Legislative Council. We have given the Senior Chinese Representative to the JLG a briefing on our current thinking on various issues raised during the consultation period and will continue our efforts to allay whatever concerns they may raise with us after the first reading of the Bill in the Legislative Council. Our assessment is that they will eventually acquiesce because they would not be able to sustain their logic in objecting to the Bill publicly.
FINANCIAL & STAFFING IMPLICATIONS
73.
Immediately upon enactment of the BOR a commitment will arise for the Government to provide legal aid to persons charged with criminal offences in Magistrates' Courts, in accordance with Article 11(2)(a). Under that Article anyone accused of a crime who does not have a lawyer is entitled to have one assigned to him when the interests of justice so require, and without payment by him if he does not have sufficient means to pay. At present, criminal cases tried in Magistrates' Courts are not covered by the Legal Aid Department. Legal aid is only available for nine offences from the Government funded Duty Lawyer Scheme run by the Law Society. The Administration will shortly recommend to Members that, subject to further examination by the Administration of the resource implications, the Director of Legal Aid should expand legal
CONFIDENTIAL
機密