TNAG-0397-FCO40-443-Problem-of-increase-in-crime-in-Hong-Kong-1973 — Page 49

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CONFIDENTIAL

TO PRIORITY GOVERNOR HONG KONG TELNO. 872 OF 4 SEPTEMBER 1973.

MY TELEGRAM SAVING NUMBER 60: THE COURT SYSTEM OF HONG KONG

1. LORD GARDINER HAS WRITTEN TO WILFORD FOLLOWING THE MEETING

WITH MEMBERS OF THE COUNCIL OF JUSTICE REPORTED IN THE SAVING TELEGRAM UNDER REFERENCE.

2. HE MAKES ONE NEW POINT IN HIS LETTER IN CONNECTION WITH THE SUGGESTION THAT DEFENDANTS SHOULD HAVE THE RIGHT, IN MORE SERIOUS CASES,

TO ELECT FOR TRIAL BY JURY. HE SAYS HIS DELEGATION MAY NOT HAVE MADE IT CLEAR THAT AS A COROLLARY TO THIS THEY SEE NO REASON WHY DISTRICT COURT JUDGES SHOULD NOT SIT WITH JURIES: THE MORE EXPERIENCED OF THEM ALREADY SIT AS COMMISSIONERS AND THE DISTRICT COURTS ARE EQUIPPED WITH JURY BOXES. HE ADDS THAT THESE TWO SIMPLE CHANGES WOULD REMOVE THE OBJECTIONS OF JUSTICE TO THE NEW DISTRICT COURT LEGISLATION.

DOUGLAS-HOME

FILES

HKIOD

LEGAL ADVISERS

FS

PS/MR ROYLE

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CONFIDENTIAL