28
HONG KONG LEGISLATIVE COUNCIL
and powers of magistrates. A similar situation arose and may arise again in the case of offences by hawkers or in the case of an offence which is so prevalent that additional magistrates are from time to time required. The practice of appointing magistrates by warrant is in general use in other Colonies and would suit the circumstances prevailing in Hong Kong.
6. It is accordingly provided by clause 3 of the present Bill that magistrates may be appointed by warrant under the hand of the Governor. Such magistrates may be given either a permanent warrant or a special warrant. In the former case they will exercise all the powers now exercisable by a magistrate including the increased powers. (See s.s.(ii) of the new section 5 introduced by clause 3 of the Bill and see clauses 19 and 29 of the Bill.) They are also no longer hampered by section 38 of the principal Ordinance which by clause 15 of the Bill will apply only to special magistrates. Special magistrates, who may not be legally qualified, will not have such increased powers save and in so far as express provision is made in future Ordinances in the case of special offences. Moreover, their jurisdiction and powers may be further limited by their warrant of appointment. (See s.s.(ii) of the new section 5 and see clauses 19 and 29 of the Bill.)
7. As a corollary of the above amendments it becomes possible to dispense with the clumsy and uneconomic expedient applicable in certain cases of two magistrates sitting together. (See the amendment to section 86 effected by clause 30 of the Bill and the repeal of sections 87 and 88 effected by clause 31 of the Bill.) It is nevertheless proposed to utilise justices of the peace for magisterial duties and section 7 of the principal Ordinance has been amended to make this more practical. (clause 5).
8. The amendment to sub-section (2) of section 10 of the principal Ordinance reproducing section 134 of the Criminal Procedure Code of Uganda substantially gives effect to the present practice in Hong Kong. Such practice would not, however, be warranted, except by the express consent of the accused, under the wording of the present sub-section. It is appreciated that this is a departure from the procedure in force in England. It should however, be borne in mind-
(a) that the jurisdiction and powers conferred on magistrates here is far in excess of that conferred on Justices in England;
(b) that in Quarter Sessions charges could be joined in the manner provided by clause 6 of the Bill (without the limitations as to time and number contained in paragraph (a)); and
(c) that numerous other Colonies have in not dissimilar cir- cumstances legislated in the manner proposed by the Bill. It has been thought wise, as in other Colonies, to limit in the manner proposed by paragraph (a) of the sub-section, the number of offences of the same or similar character which can be tried together.
161