ENG-1968 — Page 378

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CONSTITUTION AND ADMINISTRATION

consolidated and revised periodically. The last edition was published in loose leaf form in 1967.

The Courts of Justice in Hong Kong are the Full Court, the Supreme Court, the District Court, the Magistrates Courts and the Tenancy Tribunal. The rapid changes in the social and economic structure of the Colony and in the size and distribution of the population have necessitated the creation of additional courts. In 1968, the Judiciary had posts for the Chief Justice, the Senior Puisne Judge, six puisne judges, eight district judges, 32 magistrates and a President of the Tenancy Tribunal. District judges sit in Hong Kong, Kowloon and the New Territories. Magistrates sit at Central, Causeway Bay and Western Magistracies on Hong Kong Island, and at South Kowloon, North Kowloon, Fanling, Tsuen Wan and Kwun Tong Magistracies on the mainland. In addition to the regular Magistrates' Courts on either side of the harbour, there is also a Justice of the Peace Court each for the island and the mainland, which sits several afternoons a week. To assist in the administration of the Magistrates Courts there are included in the 32 posts of magistrates, two principal magistrates, and eight senior_magistrates. Whenever possible one of the two justices is legally qualified. The Tenancy Tribunal deals with matters arising under the Landlord and Tenant Ordinance and the Demolished Buildings Ordinance and its work is described in Chapter 8.

Magistrates exercise criminal jurisdiction over a wide range of indictable offences as well as summary offences. In the case of in- dictable offences, however, their powers of punishment are restricted generally to a maximum of two years' imprisonment or a $2,000 fine for any one offence, unless the law in regard to any particular offence prescribes that they may award some higher penalty. When trying two or three offences together, cumulative sentences of im- prisonment imposed by magistrates may not exceed three years. Increased powers were given to magistrates in 1967 in connection with crimes which contravened Emergency Regulations brought in during the year. These powers were codified in amendments to the Criminal Procedure Act in September 1968.

Magistrates hold preliminary enquiries to decide whether persons accused of the most serious offences should be committed to trial at the criminal sessions of the Supreme Court. They also transfer