TNAG-0813-FCO40-1018-Allegations-of-bribery-and-corruption-in-Hong-Kong-1978 — Page 32

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

G.F. 82

File No.

all it is his duty to prosecute.

(c) The legal system.

(a)

Page.....5...........

Any system can be improved, but our current diffi- culties do not stem substantially from shortcomings in the system as such - though the quality of some members of the Judiciary is inadequate. I also do not doubt that some magistrates do "bully" defendants. We also know that interpreters play too great a part in the system.

There are some weaker brethren in my Office too, but they are generally supervised. A judicial officer works alone. Ultimately, however, one is driven back to the proposition that the only answer is skill and integrity on the part of the investi-

gative agencies Police, ICAC and Customs and

Excise.

J

Gr

Paragraph 16 of the "report" is unjust. All cases referred to us are examined with scrupulous

care at senior level. As you well know, the task

that we undertake in this area is one that defies

satisfactory discharge. So often, the issues are

evenly balanced we must come down on one side or

the other. To complain because we cannot accede

to every complaint put to us is absurd. A recent experience of Mr. Lucas with Sanguinetti highlights this. In two cases, we concluded that the view put to us was right. In a third, we rejected the view put to us. Sanguinetti, fulsome in praise following the first two decisions, turned sour in the face of

the third.

The legal profession.

I should like to quote from a note which Mr. Lucas (a man of unusually kindly nature) put to me :

"The legal profession is criticised for the enormous fees charged and that that is true bears no discussion.

The greed, standards of ethics and lack of ability of some within the profession are appalling. However, it is true that the general professional ability of

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