TNAG-0397-FCO40-443-Problem-of-increase-in-crime-in-Hong-Kong-1973 — Page 158

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Sir D Watson Watsor

HW,

PS Mr Roy MG 2016

PS

CONFIDENTIAL

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NEW BILLS IN HONG KONG

1. The Secretary of State wrote to Lord Gardiner on 12 June

in reply to his letter of 5 June complaining, as Chairman of

the British section of Justice, about the four bills for the

revision of the court system in Hong Kong. The argument is

set out in my submission of 8 June.

The

2. We then consulted the Governor of Hong Kong, and, although

the copies of Lord Gardiner's letter and enclosures seem to have

gone astray in Hong Kong, the Governor has now sent us a

commentary (Hong Kong telegram No 668) which provides enough

material for a reply which should satisfy Lord Gardiner.

main burden of the complaint (in the drafting of which the hand

of Mr Jackson-Lipkin is easily seen) is that the magistrates

courts in Hong Kong are incompetent and are closed to practising

lawyers because of the absence of legal aid. The Governor, in

consultation with the new Chief Justice, has now decided that

no increase in the magistrates' powers is necessary.

3. Despite the lack of a commentary specifically directed to

Lord Gardiner's letter, there is advantage in replying substan-

tively to him now. Apart from the Magistrates (Amendment) Bill

the other proposed legislation has probably already been given

its third reading, and Lord Gardiner will be expecting a reply.

/At the

CONFIDENTIAL