XN000022-1978-08-02 — Page 24

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WEDNESDAY, AUGUST 2, 1978

T.S. LO COMMENTS ON MAGISTRATES (AMENDMENT) BILL

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- OR THE PROPER ADMINISTRATION OF THE CRIMINAL LAW, THE JUDICIARY MUST HAVE, IN ADDITION TO A SURE KNOWLEDGE OF THE LAW, THE ABILITY TO TELL TRUTH FROM FALSEHOOD, AND THE EXPERTISE TO PLACE A PARTICULAR CASE ACCURATELY WITHIN THE GENERAL FRAMEWORK OF A COHESIVE SENTENCING POLICY.

THE HON. T.S. LO SAID AT THE RESUMED DEBATE ON THE MAGISTRATES (AMENDMENT) BILL 1978 IN THE LEGISLATIVE COUNCIL TODAY THAT THIS WOULD RESULT IN PUBLIC RESPECT AND CONFIDENCE.

MR. LO ADDED THAT OVER 90 PER CENT OF COURT CASES ARE DEALT WITH BY MAGISTRACIES AND THE IMPORTANCE OF THEIR ROLE CANNOT BE EXAGGERATED. ANY LOSS OF CONFIDENCE IN THEM BY THE PEOPLE MUST LEAD TO A GENERAL DISRESPECT OF THE RULE OF LAW, HE SAID.

MR. LO TABLED AN EDITED VERSION OF A BRIEF HE PREPARED IN 1976 ON THE U.K. PRINCIPLES OF SENTENCING, WHICH SOUGHT TO ANALYSE AND COMPARE LOCAL SENTENCES. IN 1974 AND 1975 IN THE SUPREME COURT AND THE DISTRICT COURT.

IN ITS CONCLUSION, MR., LO GAVE A FEW POSSIBLE CAUSES FOR A LOWER AND LESS CONSISTENT SCALE OF SENTENCES IN HONG KONG.

HE ALSO SAID THAT THE DIFFERENCE IN THE RANGE OF TARIFF SENTENCING (PRIMARILY AIMED AT DETERRENCE AND RETRIBUTION) BETWEEN HONG KONG AND THE U.K. WAS SO GREAT AS REGARDS ROBBERY, BLACKMAIL AND RAPE THAT ONE SHOULD ONLY CONCLUDE THAT U.K. PRINCIPLES OF SENTENCING HAD NOT FOUND FAVOUR IN HONG KONG. WHAT PRINCIPLES WERE IN FACT ADOPTED HERE WAS NOT EASILY DISCOVERABLE.

HE THOUGHT THE BRIEF PROVIDED A SOUND STARTING POINT FROM WHICH AN OVERALL POLICY CAN BE STRUCTURED IN HONG KONG.

REFERRING TO THE PRESENT BILL, MR. LO SAID IT IS DESIGNED TO STRENGTHEN THE ABILTY OF THE BENCH +TO ARRIVE AT THE TRUTH, TO PASS PROPER SENTENCES AND THEREBY TO INCREASE THE CONFIDENCE OF THE PEOPLE IN THE LAN THAT IS ADMINISTERED.+

HE SAID FOR A NUMBER OF YEARS, HE HAD SPOKEN OF THE NEED FOR THE BENCH TO BE FLUENT IN THE LOCAL LANGUAGE AND TO BE KNOWLEDGEABLE IN LOCAL CUSTOMS.

THE INTERPRETATION IN THE MAGISTRACIES IS NOT ALWAYS ACCURATE AND SOMETIMES CAN BE QUITE MISLEADING OR SIMPLY WRONG. +TO SEEK TO ARRIVE AT THE TRUTH THROUGH THAT KIND OF FILTER WILL DEFEAT THE ABLEST OF MEN, HE SAID.

KNOWLEDGE OF LOCAL CUSTOMS IS NECESSARY TO GET AN INSIGHT INTO THE TRUTH AND ALSO FOR THE PASSING OF A PROPER SENTENCE. IN HIS RESEARCH, HE CAME ACROSS A VERY OLD CASE WHERE THE PRIVY COUNCIL EXCUSED A SELF-CONFESSED MURDERER, WHO WAS CHINESE AND WHOSE FATHER HAD BEEN KILLED BY THE VICTIM, ON THE GROUND THAT HE HAD COMMITTED THE MURDER TO AVENGE HIS FATHER IN ACCORDANCE WITH THE CHINESE PRECEPTS OF FILIAL PIETY..

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