11.
I do not say the Magistrates do not occasionally make mistakes but I believe on the whole they arrive at quite as correct conclusions as the ordinary Hongkong juries (composed of a striking variety of nationalities) in spite even of the careful and painstaking summing up of able judges. HongKong Special jurors do not sit in Criminal cases as in England and although it is competent for the Attorney General to require a special jury "this is naturally only in exceptional cases.
12.
The question is simply "would justice be administered on the whole more satisfactorily in Hongkong, if the Magistrates' power of inflicting summary punishment under sec. 80 of 10 of 1890 were cut down from 12 to 6 months (except perhaps in cases of a plea of guilty)?" If so it should be done. If not, whatever the English law may be, I see no reason for altering the Hongkong law.
13.
The Chinese knowing the hard lot of witnesses in China are reluctant to give evidence in cases in Court and if they have not only to appear before the magistrate, but some weeks afterwards to lose a lot of time in appearing in the Supreme Court their objections are greatly increased. Time with them is so valuable.
14.
Moreover, in certain cases the witnesses are peculiarly liable...
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