CONFIDENTIAL
LINE TO TAKE
(a)
The objections of the Hong Kong Bar Association to the
extension of the jurisdiction of the Magistrates Court
have been met by the Hong Kong Government's independent
decision to adjourn debate on the Magistrates Bill for
further consideration.
(b) As for the District Court, although the Hong Kong Bar
Association has, since the establishment of the Court
in 1953, consistently criticised the absence of a jury,
the Court has long established its position as an
effective and respected part of the judicial system.
District judges of course carry out their duties to
assess the demeanour of witnesses, which is one of their
prime duties. Trials in the District Court do not last
longer than trials in the Supreme Court. Legal aid is
available in the District Court to any person who faces
a charge for an offence punishable with imprisonment for
14 or more years. Any cases transferred to the District
Court under the new legislation which would normally have
been committed to the Supreme Court will come in this
category. The Hong Kong Government hopes to see legal
aid extended further but the pace at which this can be
achieved has to be determined with regard, among other
matters, to the availability of counsel and solicitors.
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CONFIDENTIAL
/(c)
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