Explanatory Note. (Military Courts Proclamation).
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In araiting tuis Proclamation I nave kept as nearly as circumstances permit to the general framework of ine courts administering criminal justice in Hong Kong in the sy, but have avoided as far as possible the use of nomenclature which might lead to confusion between those courts and the military courts. It is thought that this course is desirable as it provides courts similar to those to which the population is accustomed and might facilitate matters on transition.
The build-up suggested is:-
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The Higher Courts corresponding roughly to the Supreme Court (requires 5.0's (L) ) in its Criminal Jurisdiction and having
the fullest possible jurisúiction.
Urban District Courts (requires 5 5.0's (L)
corresponding to the Courts of the Police ) magistrates, Hong Kong and Kowloon, but naving for a single member jurisaiction to impose imprisonment up to 3 years, and ior two members sitting together jurisdiction/to impose, imprisonment up to 7 years. Jurisaiction as to offences which may iye dealt with is limited (see Schedule As it was in the case of Magistrates.
New Territories District Courts. (requires 2 C.A.0's)
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corresponding to the Police
ts/eld by District Oilcers, and
naving a jurisdiction to award
imprisionment up to one year. Jurisdiction as to offences which may be dealt with is limited. (see Schedule).
It is contemplated hat there should be two sittings of the Higher Court simultaneously (corresponding to the former sessions) that there should be three District Courts sitting in Victoria and two at Kowloon, with one in each of the New Territories Districts/.
No provision is made for committal to the Higner Court . after a preliminary nearing in the District Court.. Cases beyond the jurisdiction of the lower courts will go to the Higher Court direct. This seems necessary for two reasons:
(a) the number of "proclamation offences" triable only in the Higher Court would be likely to swamp the District Courts with an excessive number of preliminary nearings,
(b) the District Court, with two S.0's (L) sitting may be as
well qualified in legal knowledge as the Higher Court with one/S.0.(L) and two non-legal officers.
A right to petition for review is substituted for a right of appeal.
The fact that the W.0. appears to envisage the early demobilization or placing on the Unemployed List of C.A. Oflicers
to include in the interpretation section provisions designed to ensure enough qualified personnel to keep the courts functioning so long as martial law prevails.
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