AMENDING LEGISLATION TO COURTS ORDINANCE TO COMMIT TO PRISON PERSONS GUILTY OF CONTEMPT AND MALICIOUS DISTORTION OF COURT PROCEEDINGS

Mr David Marshall asked the Minister for Health and Law whether he will consider introducing legislation to amend the Courts Ordinance to enable District Judges to commit persons to prison for contempt during proceedings, as well as persons guilty of malicious distortion of court proceedings through radio, rediffusion, television and press reporting.

Mr K. M. Byrne: Mr Speaker, Sir, under the Criminal Procedure Code, the subordinate Courts have certain powers on acts of contempt committed in the presence of the Court. These powers are not as wide as those enjoyed by the High Court. This follows precedents in the United Kingdom where subordinate Courts do not enjoy the extensive powers of the High Court.

It is the High Court which has general superintendence over the proceedings of inferior Courts not only to prevent them from exceeding their jurisdiction or otherwise acting contrary to the law, but also to prevent persons from interfering with the course of justice in such Courts.

The power of the Superior Court to punish for contempt has been under critical examination in England, and it was considered that such wide power should not be given to the subordinate Courts.

However, I agree with the Member for Anson that our circumstances are different and I would welcome concrete proposals from members of the Bar and the Bar Committee itself.

Persons guilty of malicious distortion of court proceedings through radio, rediffusion, television and press reporting can be dealt with adequately under the present laws for contempt under the existing provisions of the law.