TNAG-0499-FCO40-564-Administration-of-justice-in-Hong-Kong-1974 — Page 165

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6. IT IS AGREED THAT SHORTHAND WRITERS IN THE DISTRICT COURT ARE DESIRABLE, BUT WE DO NOT ACCEPT THAT THEIR ABSENCE IS THE QUOTE

GRAVE HANDICAP UNQUOTE WHICH HAS BEEN SUGGESTED. CERTAINLY, IT

DOES NOT PREVENT DISTRICT JUDGES FROM PERFORMING THEIR FUNCTIONS

IN A PROPER MANNER. A JUDGE KEEPS A DETAILED NOTE OF PROCEEDINGS

AND IS OBLIGED TO RECORD THE REASONS FOR HIS VERDICT. THE NOTE

AND RECORD OF REASONS FOR VERDICT PROVIDE ADEQUATE MATERIAL ON

WHICH A CONVICTED PERSON CAN BASE AN APPEAL.

7. DISTRICT COURT GENERALLY. I THINK I SHOULD REMIND YOU THAT THE

BAR ASSOCIATION HAS BEEN CRITICAL OF THIS COURT (ESPECIALLY ON

ACCOUNT OF THE FACT THAT SOLICITORS HAVE A RIGHT OF AUDIENCE AND

THE LACK OF JURY TRIAL) EVER SINCE ITS INCEPTION IN 1953. THEIR

OBJECTION TO THE RIGHT OF AUDIENCE OF SOLICITORS BECAME APPARENT

AGAIN WHEN THE DISTRICT COURT WAS GIVEN JURISDICTION TO HEAR UNDEFENDED DIVORCE CASES IN 1972.

8. LEGAL AID. LEGAL AID WAS EXTENDED TO THE DISTRICT COURT IN MARCH

1973 FOR PERSONS FACING CHARGES FOR OFFENCES CARRYING A MAXIMUM

OF AT LEAST 14 YEARS' IMPRISONMENT. THIS COVERS ABOUT HALF THE

CRIMINAL TRIALS IN THIS COURT. ANY FURTHER EXTENSION MUST TAKE

ITS PLACE WITH OTHER CLAIMS ON OUR FINANCIAL RESOURCES.

9. COMPOSITION OF BENCH, THE REFERENCE TO THE BENCH BEING COMPOSED

OF FORMER PROSECUTING. : COUNSEL IS THOROUGHLY MISLEADING. THREE OF

THE PRESENT TEN SUPREME COURT JUDGES HAVE HAD EXPERIENCE IN THE

ATTORNEY GENERAL'S CHAMBERS HERE, THOUGH NO-ONE HAS BEEN APPOINTED DIRECTLY TO THE SUPREME COURT FROM THE ATTORNEY GENERAL'S CHAMBERS

SINCE THE WAR. TWO OF THE TEN DISTRICT JUDGES AND THREE OF THE

43 MAGISTRATES WERE AT ONE TIME IN THE ATTORNEY GENERAL'S CHAMBERS.

10. LEVEL OF PROFESSIONAL EXPERIENCE IN THE DISTRICT COURT. NONE OF

THE DISTRICT JUDGES HAS LESS THAN 15 YEARS' PROFESSIONAL EXPERIENCE

SINCE CALL OR ADMISSION AND THE AVERAGE IS ABOUT 18 YEARS. NO ONE WHO HAS SERVED AS A TEMPORARY JUDGE OF THE DISTRICT COURT HAS HAD LESS THAN 10 YEARS' EXPERIENCE, AND THE AVERAGE IS ABOUT 14 YEARS.

11. TERMS OF APPOINTMENT OF JUDGES.

(A) SALARY. IT IS NOT ACCEPTED THAT SALARIES ARE TOO LOW. THEY

COMPARE WELL WITH THE SALARIES FOR OTHER POSTS IN THE PUBLIC

SERVICE,

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(B) RETIRING

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