ENG-1946 — Page 108

JUSTICE.

Chapter 9.

JUSTICE, POLICE AND PRISONS.

The Military Administration.

The only courts which functioned before the resumption of Civil Government on 1st May, 1946, were the Military Courts set up in September, 1945, by Proclamation No. 8 of the Military Administration; these courts exercised no civil jurisdiction but dealt with all offences committed by civilians against the Proclamations or subsidiary enactments and with all offences committed by civilians against the ordinary law of the Colony. Although styled Military Courts they were in each case presided over by a qualified barrister or solicitor attached to the Legal Branch of the Administration. A Sum- mary Court was constituted by a barrister or solicitor sitting alone and had powers of imprisonment up to five years and of fine up to HK$1,000. These courts also acted in the more serious cases as committal courts to the General Military Court which had power to impose any lawful sentence. A General Military Court consisted of a president and two members. There was a permanent president who was a barrister and members were selected from a panel which included but was not confined to persons with legal or court-martial experience.

Appeal lay by way of review to the Chief Civil Affairs Officer who was also the confirming authority for all sentences requiring confirmation. In addition to sentences of death, any sentence imposing a term of imprisonment exceeding two years or a fine exceeding two thousand dollars or forfeiture of goods of an equivalent value, required confirmation. Upon the restoration of Civil Government, the sentences of the Mili- tary Courts were validated by ordinance and powers of confirmation and review were vested in the Chief Justice. There were a few pending cases and provision was made for the trial of these cases by the Supreme Court or by the Magistrates.

Although the Military Courts as such had no civil juris- diction provision was made by Order and by Proclamation respectively enabling the President of the General Military Court to make grants of probate and issue letters of admin- istration and to act as an Appellate Court from the Tenancy Tribunals which had been established under the Landlord and Tenant Proclamation to assess or vary the standard and controlled rent of premises and to evict tenants and others from premises in the few cases where eviction was permitted. These tribunals, staffed by a panel which included laymen as well as barristers and solicitors, all of whom gave their services gratis, did valuable work and were still functioning at the end of the year under review. With these exceptions no civil jurisdiction was exercised until after the restoration of