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HONG KONG LEGISLATIVE COUNCIL
Sir, clause 8 provides for the insertion of new sections in the principal Ordinance, for the purpose, in the main, of making clear what has hitherto not been clear, namely, the powers and functions of the Attorney General in regard to magisterial prosecutions. Further, the new sections will set out clearly what again is not now clear, that is who is and who may be appointed a prosecutor before the Magistrates Courts.
In clause 9, Sir, there is an interesting innovation suggested in that it is provided that it will be possible, where an Ordinance so declares, or where a resolution of this Council so declares, to afford to certain offences the right for persons to plead guilty by letter. It is anticipated that the class of offence would be, for instance, the trivial offences related to minor traffic infringements. By this procedure, which in fact has been tried with success in Scotland, it is hoped that the saving of time to the Magistrates Courts and the Police will be effected, while convenience of the public who are in trouble in a minor degree would also be served.
In clause 12, Sir, we have provision which seeks to modernise and improve the existing provisions for probation of offenders.
Clause 39 provides for the repeal and replacement of section 99 which deals with the powers of review. Under the existing Ordinance u magistrate, of his own motion or upon application of either party, may review a finding at which he has arrived. This procedure is unknown in the United Kingdom and it seems to be of doubtful value where, as is the case, ample facility for appeals is given. The power to review therefore by the intended new section will be restricted to the power to review where it is found that there has been an exercise of magistrates powers in excess of jurisdiction.
Clause 40 provides for the repeal and replacement of Part VI which deals with appeals in the principal Ordinance. As so replaced it will repeal the existing powers for appeal against acquittal and appeal for the purposes of increasing sentences. A further new feature which the Part will, on replacement, show is that there will be an obligation definitely put upon magistrates to provide written judgments for the consideration of the Appeal Court where appeals are lodged against magisterial decisions.
The opportunity, Sir, has been taken by the need to amend the Bill, to amend throughout the Ordinance in regard to the maximum limits which appear in the principal Ordinance for fines, costs and compensation and the like. As at present existing such costs and provision for compensation seem to be inadequate having regard to the changed value of money, and as will be seen from the table which is attached to the concluding paragraph of the Objects and Reasons, certain of the provisions for fines and costs and the like have remained static since 1890.
Sir, this Bill has been the subject of much consideration and consultation. Nevertheless, as it deals with matters which are of general interest and importance, I propose, subject to Your Excellency's permission, not to move the further stages of this Bill at too early
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