TNAG-0812-FCO40-1017-Allegations-of-bribery-and-corruption-in-Hong-Kong-1978 — Page 175

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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1

py for reference

Mr. Thomas F.M. Tung,

.P.0. Box 4792,

Hong Kong.

Dear Mr. Tung,

LEGAL DEPARTMENT,

CENTRAL GOVERNMENT OFFICES.

HONG KONG,

Your REF:

(MAIN WING),

29th December...... 19 71.

MY REF: AGC 3/400/65

The Attorney-General has asked me to reply to your

letters of the 8th and 26th December.

I can assure you that it would be entirely wrong for a judge to convict and sentence a defendant without giving him an opportunity of putting forward his defence.

It is the invariable practice in all courts in Hong Kong to interpret the proceedings into a language which the accused understands, if he is unfamiliar with English. The position in England is the same.

If a judge in England were to reach a decision without giving a defendant an opportunity to put his case, it would be open to the defendant to appeal, within the time limit allowed for this.

The same

would apply in Hong Kong.

JFM/za.

Yours faithfully,

John J. Mck con

(J.F. McKeon)

Assistant to the Law Officers.

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