TNAG-0396-FCO40-442-Problem-of-increase-in-crime-in-Hong-Kong-1983 — Page 113

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: 6.

The Bill at Annex B, confers on selected magistrates

a power to impose up to 4 years' imprisonment for one offence (and 5 for consecutive offences) as opposed to a maximum of

2 years (and 3 years for consecutive offences) at present

enjoyed by permanent magistrates.

7. The Bill proposes that a new class of magistrate, to

be called a principal magistrate, would have the increased

power. The Chief Justice would, by notice in the Gazette,

appoint a sufficient number of his existing permanent magis-

trates as principal magistrates. Although the effect of the

Bill is not to require that the powers be exercised only by

members of the superscale grade of principal magistrate, the

Chief Justice intends to apply for the creation of a sufficient

number of posts within this grade to ensure that the enhanced

powers are in practice exercised only by magistrates of this

grade, who will invariably have many years experience of

criminal jurisdiction in Hong Kong.

8. The Chief Justice has been consulted on these Bills

and is generally agreeable to them, though in his view the

enhanced powers of principal magistrates should be limited to

3 years (4 years in the case of consecutive sentences) rather

than 4 years (5 years in the case of consecutive sentences)

as proposed in the Bill. The Commissioner of Police supports

the Bills.

9. It may be that some members of the legal profession

will dislike a proposal whereby increased punishment can be

imposed upon accused persons convicted before a single magis-

trate or a District Judge. The Bar Association has, in the

past, pressed for more cases to go to the Supreme Court for

trial before a jury and may well feel obliged to oppose the

reduction in the number of such committals which should follow