XN000022-1978-07-05 — Page 6

WEDNESDAY, JULY 5, 1978

ON THE ADMINISTRATION OF THE SCHEME, MR. HOBLEY SAID IT WILL BE IN THE HANDS OF THE LAW SOCIETY, WHICH WILL WORK CLOSELY WITH THE BAR ASSOCIATION. IT WILL BE PAID FOR BY THE GOVERNMENT.

ON THE SCHEME TO APPOINT CANTONESE SPEAKING MEMBERS OF THE PUBLIC TO SIT WITH MAGISTRATES IN AN ADVISORY CAPACITY, MR. HOBLEY SAID IT IS HOPED THAT THE INTRODUCTION OF THE SCHEME WILL ALLAY THE FEAR SOMETIMES HELD BY MEMBERS OF THE PUBLIC THAT THEIR WORDS EXPRESSED IN CANTONESE OR OTHER LOCAL DIALECTS MAY NOT HAVE BEEN PROPERLY UNDERSTOOD IN TRANSLATION BY THE MAGISTRATES AND IT WILL GENERALLY HELP TO BRIDGE A POTENTIAL COMMUNICATION GAP.

HE SAID THE ADMINISTRATION OF THIS EXPERIMENTAL SCHEME HAS YET TO BE WORKED OUT AND ITS SCOPE WOULD INITIALLY BE LIMITED.

HOWEVER MR. HOBLEY SAID THE CHIEF JUSTICE FEELS THAT PRIORITY SHOULD BE GIVEN TO THE COURTS OF MAGISTRATES DURING THEIR FIRST TOUR OF DUTY.

TURNING TO THE EFFECTIVENESS OF A COMPLAINTS SYSTEM AGAINST MEMBERS OF THE PUBLIC SERVICE, MR. HOBLEY SAID A DEVELOPMENT DURING THE PAST YEAR HAS BEEN THE PROVISION OF IMPROVED MACHINERY FOR THE INVESTIGATION OF COMPLAINTS AGAINST MEMBERS OF THE POLICE FORCE, AND THE ICAC.

HE POINTED OUT THAT A PARTICULAR ALLEGATION WHICH HAS RECENTLY BEEN THE SUBJECT OF COMMENT IS THE ONE COMMONLY REFERRED TO BE A +FRAME-UP+, BY WHICH IS MEANT A PROSECUTION BASED ON FABRICATED EVIDENCE,

HOWEVER, MR. HOBLEY SAID THAT THE NUMBER OF ALLEGATIONS OF A +FRAME-UP+ IS VERY SMALL IN RELATION TO THE TOTAL NUMBER OF PROSECUTIONS EACH YEAR AND VERY FEW OF THESE ALLEGATIONS HAVE BEEN SUBSTANTIATED.

HE ALSO NOTED THAT AN ALLEGATION CAN BE EASILY AND MALICIOUSLY MADE AGAINST AN INNOCENT OFFICER AND IT WOULD AFFECT HIS MORALE.

MR. HOBLEY BELIEVED THAT CRIMINAL JUSTICE IS IN GENERAL SATISFACTORILY ADMINISTERED BY ALL INVOLVED FROM ARREST TO THE CONCLUSION OF A TRIAL, AND THAT THE VAST MAJORITY OF CONVICTED PERSONS ACCEPT THIS.

ON THE COMPLAINTS AGAINST MEMBERS OF THE POLICE FORCE AND THE ICAC, MR. HOBLEY SAID THE GOVERNMENT HAS ADOPTED THE PRINCIPLE THAT SUCH COMPLAINTS SHOULD BE INVESTIGATED BY THEIR OWN OFFICERS SUBJECT ONLY TO A POWERFUL MONITORING BODY, THE UMELCO GROUP.

FINALLY, MR. HOBLEY SAID THAT THE INTEGRITY OF THE LAW ENFORCEMENT AGENCIES IS FUNDAMENTAL TO THE FAIR ADMINISTRATION OF CRIMINAL JUSTICE.

+ IN THIS END, THIS ELEMENT, AND THE STEPS WHICH HAVE BEEN TAKEN IN RELATION TO BOTH THE POLICE FORCE AND ICAC, PERHAPS OVERSHADOW ANY OTHER PROTECTIVE MECHANISM WHICH MAY BE BUILT INTO THE LEGAL SYSTEM, MR. HOBLEY SAID.

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