TNAG-0396-FCO40-442-Problem-of-increase-in-crime-in-Hong-Kong-1983 — Page 17

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no alternative but to ask the Governor to postpone the

third reading if necessary, while we consider Lord Gardiner's

representations.

4. This is a pity. The Governor took the precaution of

consulting us about the legislation in the drafting stage,

and we, after consulting the Legal Advisers and Under Secretaries,

said that we had no preliminary objection, subject to some

comments about the undesirability of mandatory custodial

sentences for young persons. We do not want, in the wake of

the Tsoi case, to give the impression that we support the

Hong Kong Government only until there is a fuss in this country.

5. The increases in the jurisdiction of the lower courts do

not, even on reflection, appear intolerable in the circumstances

of Hong Kong. They are not, for example, inconsistent with

the former practice of the African dependent territories.

points in Mr Litton's memorandum which may have some validity

are the alleged administrative drawbacks of the lower courts

and the absence of legal aid. These were not covered in the

ExCo draft which the Government sent us. But even here the

Bar Association concerns may be somewhat suspect, since their

own emoluments are involved. We should therefore in the

telegram to the Governor make it plain that the purpose of

suggesting a delay is to get the necessary legislation through

as smoothly as possible.

6.

I submit a draft telegram accordingly and an interim

The

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/reply