TNAG-0396-FCO40-442-Problem-of-increase-in-crime-in-Hong-Kong-1983 — Page 86

"Powers of prosecution.

4

94A.

(1)

Notwithstanding the provisions

of this Part, an indictable offence shall not

be dealt with summarily unless the consent

of the prosecutor has been obtained.

(2) Upon application by or on behalf

of the Attorney General, any indictable

offence which is to be tried summarily shall

be so tried only by a principal magistrate.".

Explanatory Memorandum.

The great increase in the amount of serious crime

during the past few years has imposed severe burdens on

the Supreme Court and the District Court.

It is therefore proposed to arrange for more

indictable offences to be tried summarily before the magis-

trates' courts.

it

In order to enable magistrates to deal adequately

with the more serious cases which may come before them,

is proposed to empower the Chief Justice to appoint

permanent magistrates to be principal magistrates.

A principal magistrate, who will be a magistrate

of considerable experience, will have an enhanced power of

punishment. He will be able to impose a maximum sentence

of four years' imprisonment and a fine of ten thousand

dollars, as opposed to the maximum of two years' imprison-

ment and ten thousand dollars which can be imposed by a

permanent magistrate.

The maximum aggregate total of