Dear
Letter No. 2
him. Blaken
216 Prince Edward Road,
Kowloon, Hong Kong.
30th. April, 1967.
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to Ar Bleken:
23 V.
The increased interest of British M.P.s in the
affairs of Hong Kong is very much appreciated.
It is often remarked that the general public is not interested in politics here. It might be more true to say that they are interested in justice, but do not always see a connection between this and the need for constitutional reform. All they ask, in fact, is that some of the injustices be abolished.
Some civic leaders believe that an Ombudsman System would be the only way of uprooting some of the injustices of this Colony. During his visit, Mr. James Johnson heard so much about these I shall injustices that he asked me to give some documented evidence. attempt to do this gradually in these news letters, in all cases giving tho so of which I know actual facts; and in some,I have signed statements.
One problem is that the ordinary Hong Kong citizen, unless he has, money, is liable to arrest at any time and has no chance to obtain legal aid. Free legal aid is only granted in capital cases. The Chief Justico (Hong Kong) said recently that the public need have no fear on this account, since magistrates and judges could be trusted to judge fairly. Such a statement seems to indicate that the Chief Justice has no knowledge of history, human weakness, or the conditions that exist in Hong Kong. Amongst the reasons for injustice are:
(a) incorrect evidence placed before magistrates and judges; some
police systematically induce perjury not all police;
(b) pressure by police and the legislature upon magistrates; some lawyers and magistrates have already complained of this to some Members of Parliament;
(c) denial to prisoners of trial by jury.
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On this last point, here is a quotation from the Editorial of the "Hong Kong Standard", dated 26th. April, 1967:
"Should Hong Kong seck to change existing trial regulations,, which
differ widely from those in Britain in that defendants cannot elect to be tried by Jury even though they may face prison terms of as much as five years! The article goes on to quote Lord. Devlin's reasons why trial by jury may be fairer than trial by "subservient judges" or "prejudiced and stupid old mon", or as a protection against the Establishment, or the rigidity of the law. It concludes: " Lord Devlin wrote about Britain. But is not what he wrote to some extent even more applicable to conditions here in Hong Kong?"
Probably to counteract the demand for an Ombudsman, the Gover- ment permitted the setting up of two bodies: Umelco, a group of unofficial Legislative and Exective Members, and the Urban Councillors Ward System. Neither of these bodies has the power to carry out independent investigations. Except in matters directly within its jurisdiction, the Urban Council cannot appeal on any problem, but would be out of order.
Officialdom says that in an undemocratic society, an Ombudsman System is impossible. General opinion is that because of our undeno-
But such an cratic system, we are the more in need of an Ombudsman. Ombudsman must be completely independent of the colonial government and the big businesson. The authorities here do not wish the truth to bo laown and will oppose such a gyaton. Oivic leaders who have gone 1. to the truth have been rapped over the fingers, even framed and penal; Facts of this can be given.
Urban Council elections will be held in June this yoar. candidates are expected to stand for the five vacant scats. then put great emphasis on this need' for an Ombudsman.
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