LUND LEONTOL
FM HONG KONG
TO PRIORITY FCO
TELNO 1034
OF 101033Z APRIL 92
CONFIDENTIAL
FO PRIORITY PEKING, UKREP JLG HONG KONG
FILE COP
41.
3023
LOCALISATION OF JP SYSTEM
ADA
SUMMARY
1. TO ENABLE THE JUSTICE OF PEACE (JP) SYSTEM TO CONTINUE AFTER 1997, WE WOULD LIKE TO AMEND THE LETTERS PATENT AND TO MAKE LOCAL PROVISION FOR THE GOVERNOR'S POWER TO APPOINT JPS. THE OPPORTUNITY WOULD BE TAKEN TO MODERNISE SOME ASPECTS OF THE SYSTEM TO MEET PRESENT DAY REQUIREMENTS.
DETAILS
2. JPS ARE APPOINTED BY THE GOVERNOR UNDER ARTICLE XIV OF THE LETTERS PATENT. THEY ARE DIVIDED INTO OFFICIAL JPS (CIVIL SERVANTS APPOINTED BY VIRTUE OF THEIR POSTS OR SENIORITY IN THE CIVIL SERVICE), AND NON-OFFICIAL JPS (MEMBERS OF PUBLIC APPOINTED IN RECOGNITION OF THEIR RECORD OF COMMUNITY SERVICE). THERE ARE CURRENTLY 220 OFFICIAL JPS AND 480 NON-OFFICIAL JPS.
3. JPS WERE APPOINTED IN THE OLD DAYS TO ASSIST MAGISTRATES TO PERFORM CERTAIN JUDICIAL FUNCTIONS SUCH AS ADMINISTERING OATHS AND DECLARATIONS, ISSUING ORDERS AND WARRANTS. THESE JUDICIAL FUNCTIONS HAVE LONG BECOME OBSOLETE ALTHOUGH THE VARIOUS POWERS STILL EXIST IN SOME ORDINANCES. THE PRIMARY DUTY OF JPS, AND THE PURPOSE FOR WHICH THEY ARE APPOINTED NOWADAYS, IS TO VISIT INSTITUTIONS TO ENSURE THAT THE RIGHTS OF THE INMATES ARE SAFEGUARDED. APPOINTMENT AS A JP HAS ALWAYS BEEN REGARDED IN HONG KONG AS A RECOGNITION OF AN INDIVIDUAL'S STANDING IN THE COMMUNITY AS AN HONOUR. IT HAS BECOME ONE OF THE WAYS TO ENCOURAGE AND REWARD COMMUNITY SERVICE BY INDIVIDUALS.
4. THERE IS EVERYTHING TO BE SAID FOR ENSURING THAT THE JP SYSTEM CONTINUES AFTER 1997. TO ACHIEVE THIS IT WILL BE NECESSARY TO REMOVE ANY COLONIAL INKS. THIS CAN BE ACHIEVED BY PROVIDING FOR THE APPOINTMENT OF JPS IN LOCAL LEGISLATION. WE WOULD LIKE TO TAKE THE OPPORTUNITY AT THE SAME TIME TO UPDATE SOME ASPECTS OF THE SYSTEM AS FOLLOWS:
(A) JUDICIAL FUNCTIONS: ALTHOUGH THEIR JUDICIAL FUNCTIONS HAVE BECOME OBSOLETE, JPS ARE STILL DEFINED AS JUDICIAL OFFICERS. THE INTRODUCTION OF A JP ORDINANCE WOULD PROVIDE AN OPPORTUNITY TO REVIEW THE DUTIES OF JPS AND TO REMOVE THEIR OBSOLETE JUDICIAL FUNCTIONS.
CONFIDENTIAL
A:
DOFADM
D: HE CS (2) FS AG PA (3) SCA SHA JLG (3) PS/GH.
2/(13)
No comments yet.
Private notes are available after approval.