GPS 1500
CYPHER/CAT A
FM HONG KONG 1993362
CONFIDENTIAL-
RECEIVED IN
REGISTRY No.52
21 JAN 1974
NICK 1416
CONFIDENTIAL
8
TO ROUTINE FCO TELNO 67 OF 19 JANUARY.1974
AKK 14/11 (54) 1973
YOUR TELEGRAM NO 60 SAVING OF 28 AUGUST 1973 AND STUART'S LETTER
TO ROBERTS OF 23 NOVEMBER.
IKKN/11 (68) 1973
I AM SORRY THAT WE HAVE NOT REPLIED SOONER TO YOUR SAVINGRAM.
2. COURT OF APPEAL. THE CHIEF JUSTICE IS PROPOSING THE ESTABLISHMENT
OF A PERMANENT COURT OF APPEAL AS ADIVISION OF A RECONSTITUTED
SUPREME COURT.
3. TRIAL BY JURY. THE QUESTION OF A RIGHT TO ELECT FOR JURY TRIAL
(OR ALTERNATIVELY THE EXTENSION OF JURY TRIAL TO THE DISTRICT COURT) IS UNDER CONSIDERATION. BUT IT SEEMS DOUBTFUL WHETHER IT WILL
BE PRACTICABLE TO MAKE THIS CHANGE, IT WOULD BE FEASIBLE ONLY IF
THERE WERE A SUBSTANTIAL ENLARGEMENT OF THE JURY LIST. THIS IS NOT
EASY, BBECAAUSE OF THE NEED FOR JURORS TO UNDERSTAND ENGLISH WELL.
4. IN HONG KONG JURY TRIAL DOES NOT HAVE THE MEANING THAT IT DOES
IN ENGLAND. THE CONCEPT IS UNKNOWN TO THE CHINESE, WHO COMPOSE
ABOUT 70 PER CENT OF POTENTIALLY ELIGIBLE JURORS. IT IS WRONG TO
SUGGEST THAT TRIALS WITHOUT A JURY LEAVE CHINESE WITH THE FEELING
THAT THEY HAVE NOT BEEN UNDERSTOOD. IF THEY HAVE SUCH A FEELING
IT IS BECAUSE COURT PROCEEDINGS ARE CONDUCTED IN A FOREIGN LANGUAGE
RATHER THAN BECAUSE OF THE PROCEDURE ADOPTED DURING THE TRIAL.
IT WILL NOT BE PRACTICABLE TO MAKE CANTONESE THE MAIN LANGUAGE
IN THE SUPREME COURT OR THE DISTRICT COURT IN THE FORESEEABLE FUTURE. A START HAS, HOWEVER, BEEN MADE IN THE MAGISTRATES' COURTS,
5. SHORTHAND WRITERRS. PROGRESS HAS BEEN MADE IN THE PROVISION OF
SHORTHAND WRITERS. 10 NEW POSTS WERE APPROVED RECENTLY BY THE
FINANCE COMMITTEE. RECRUITMENT IS IN HAND, BUT SUITABLY QUALIFIED
PEOPLE ARE IN VERY SHORT SUPPLY. THE CHIEF JUSTICE IS INVESTIGATING
THE POSSIBILITY OF RECORDING EVIDENCE BY STEMOGRAPHIC MACHINE.
AN OFFICER IS IN ENGLAND RECEIVING TRAINING IN CASE IT IS
DECIDED TO ADOPT THE SYSTEM.
/6.17 15
CONFIDENTIAL
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