WEDNESDAY, AUGUST 2, 1978
21
MAGISTRATES (AMENDMENT) BILL PASSED
******
THE MAGISTRATES (AMENDMENT) BILL 1978, MAINLY DESIGNED TO ENABLE THE APPOINTMENT OF CANTONESE-SPEAKING MEMBERS OF THE PUBLIC TO SIT WITH MAGISTRATES IN AN ADVISORY CAPACITY, WAS PASSED INTO LAW IN THE LEGISLATIVE COUNCIL TODAY.
THE AMENDED LEGISLATION ALSO CHANGES TWO ASPECTS OF THE PRINCIPAL ORDINANCE DEALING WITH COMMITTAL PROCEEDINGS.
REPLYING TO POINTS RAISED BY UNOFFICIAL MEMBERS AT THE RESUMED DEBATE ON THE BILL, THE SOLICITOR GENERAL, THE HON. GARTH THORNTON, AGREED THAT THE CHOICE OF ASSESSORS MUST ENSURE THAT THEY ARE +MEN OF INTEGRITY+ AND THAT THEY MUST BE READY TO SPEAK THEIR MINDS FREELY AND OPENLY.
+UNLESS THEY DO, THEIR ADVICE WILL BE OF NO VALUE AND THE EXPERIMENT WILL BE A FAILURE,+ MR. THORNTON SAID.
ON THE SUGGESTION THAT A MAGISTRATE SHOULD BE OBLIGED TO RECORD ANY ADVICE WHICH HE DOES NOT ACCEPT, MR. THORNTON SAID SUCH A COURSE WOULD HAVE THE DISADVANTAGES OF SLOWING THINGS DOWN AND TENDING TO FORMAL ISE, PERHAPS POLARISE, WHAT IS INTENDED TO BE A FLEXIBLE AND CO-OPERATIVE RELATIONSHIP.
MR. THORNTON ALSO THOUGHT THAT THE SUGGESTION THAT LOCAL PERSONS WHO ARE NOT LAWYERS BE APPOINTED AS MAGISTRATES AND BE ASSISTED BY LEGALLY QUALIFIED ASSESSORS IS NEITHER A PRACTICAL NOR DESIRABLE SOLUTION.
+THE PEOPLE OF HONG KONG ARE MUCH BETTER SERVED BY THE MORE EFFICIENT AND PROFESSIONAL ADMINISTRATION OF JUSTICE WHICH IS POSSIBLE UNDER OUR PRESENT SYSTEM OF PROFESSIONAL MAGISTRATES, MR. THORNTON SAID.
MOREOVER, MR. THORNTON THOUGHT IT IS PREMATURE TO CONSIDER LEGISLATION AT THIS STAGE TO COMPEL EMPLOYERS TO RELEASE THE IR EMPLOYEES ON THE OCCASIONS WHEN THEY MAY BE SCHEDULED TO SERVE AS ASSESSORS, AND HE HOPED THAT, IN THE INTERESTS OF THE COMMUNITY, EMPLOYERS WILL SHOW THEIR SUPPORT FOR THE SCHEME.
MR. THORNTON AGREED THAT THE ROLE OF THE MAGISTRATES IN THE ADMINISTRATION OF JUSTICE CANNOT BE EXAGGERATED AND THAT THE MAGISTRACIES MUST BE BOTH CLOSE AND RESPONSIVE TO THE PEOPLE.
+SUFFICE TO SAY THAT MAGISTRATES WILL CERTAINLY BENEFIT FROM ADVICE ON THE COMMUNITY'S VIEWS ON SENTENCING AS EXPRESSED TO THEM BY ASSESSORS,+ HE SAID.
-
/22