TNAG-0499-FCO40-564-Administration-of-justice-in-Hong-Kong-1974 — Page 85

ERSONAL & CONFIDENTIAL

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And there are many persons here who remember the Japanese occupation. There is a right of challenge "for cause" but I have never heard of a challenge on the ground of nationality and it is doubtful if it would be successful. Of course, if such persons as I have mentioned above were to be excluded from the Jury List the List would be reduced and not increased. If trial by jury is to be extended it would be necessary to find more jurors. present, due to the increase in serious crime we often have five courts at one time sitting with jurors in the Supreme Court. (There are about 150 criminal trials in h and win the Supreme Court and more than 500 in the District Court). The only way the number of jurors can be increased is to allow all the members of the public service to sit, with obvious exceptions such as the Police, members of the Legal Department etc. But I do not think that this would be a popular move in Hong Kong. And it is very doubtful if the increase gained by this would suffice to enable us to

There is some extend trial by jury to the District Court. suggestion that as an alternative to trial by jury in the District Court provision might be made for trial by a judge with two assessors. I have had experience of trial with assessors and I do not favour this suggested alternative.

We have

3. The possibility of recording evidence by stenographic machines is being proceeded with. already trained one person and she is actively engaged in setting up a course to train others. We are particularly anxious to push this matter forward.

Tape-recordings are in use in several Magistrates Courts but they have not proved as successful as one had hoped.

4. All judicial officers are in favour of the further extension of legal aid. It was extended quite recently and now covers about half of the criminal cases that are heard in the District Court as well as all the criminal cases in the Supreme Court.

The Legal Aid Department is not part of the Judiciary and it is thought that there are two reasons why

The there has not been a further extension of legal aid. first is the cost of any such extension and the second is the limited number of legal practitioners available.

5.

It is agreed that it is desirable that we should try to attract members of the local Bar to take up

I appointments on the Bench. (I myself would go further. see no reason why a local solicitor should not be appointed, at least to the District Court.) I can say with some assurance that no member of the profession in Hong Kong would be interested in applying for a District Court appointment while the retiring age is 55 in the District Court and 62 in the Supreme Court. I agree with the

Cont'd