HK’s ‘Rumpole’ was tireless in the search for justice
Matthew Brooks
Updated on Nov 08, 2009

One of the enduring memories of former barrister and acting District Court judge, Albert Sanguinetti, who died on October 27 aged 86, is of him, fittingly, in court.
With his case not proceeding well, Sanguinetti disappeared under his table. The confused judge asked him what he was doing. “I am simply searching for justice my lord,” came the response. Above the general laughter, even the judge was seen to smile wryly at a lawyer well known for his wit and intellect.
On another occasion, a farmer he was representing whispered to Sanguinetti’s interpreter. The judge asked what was said. He replied that he could not repeat the private message. When the judge demanded he do so, Sanguinetti said: “My client asks why I am wearing a cauliflower on my head.”
Sanguinetti later said: “It made me realise how ridiculous it was to have wigs in court.”
Before arriving in Hong Kong in 1958, Sanguinetti spent two years in Kenya with Britain’s Colonial Legal Service. He was assistant attorney general of Gibraltar from 1952.
Arriving in Hong Kong aged 35, he soon became a magistrate.
His experiences here had a profound influence. He believed that the law had a responsibility to rehabilitate people, not condemn them. “I remember the venerable Hin Shing-lo, who for years sat in the Magistrates’ Court,” Sanguinetti recalled. “He was much respected and loved by the Chinese and others and was a merciful person indeed … invariably he gave the offender a chance.”
Sanguinetti came to believe that the harsher the punishment, the less chance it had of being either a deterrent, or useful for rehabilitation. His philosophy was a direct challenge to the prevailing colonial justice system, in which corporal punishment was common. He relentlessly pursued its abolition.
Last year he said: “I was absolutely stunned when I first came here in 1958. They were given … the cane, simply for begging. For being destitute – for not having parents to look after you. Can you believe that?”
A close associate was Elsie Tu (then Elsie Elliott), one of Hong Kong’s most influential social campaigners throughout the 1960s and ’70s. The matter of five HK cents brought them together. In 1965, the Star Ferry applied to raise its fare from 20 to 25 cents. Despite Tu collecting 20,000 signatures, the Transport Advisory Committee approved the price rise in March 1966.
The Kowloon riots began a month later. Tu was called to give information to a court of inquiry. She recalled: “Since the police were determined to attribute those causes to me, for having led an entirely disconnected earlier protest against the fare increase, I sensed from the outset that I would be transformed from witness into defendant.”
Sanguinetti agreed to represent Tu for just HK$1. As she predicted, the inquiry quickly turned into a de facto trial. Disgusted, his summing-up was one of the shortest in the history of Hong Kong jurisprudence. Placing a large Bible in front of him, he read: “Whoever finds this person guilty is passing judgment unto himself.”
The final judgment of the court was that Tu be sent, in the judge’s words, “before the court of public opinion for censure”.
A short time later, she was elected to the Urban Council with, as she recounted, “the highest number of votes on record”.
“For ever after, Albert would tease me that I still owed him his dollar. I will always be personally indebted to him for the role he played in representing me.”
Sanguinetti was one of the two founding members of the Hong Kong Section of the International Commission of Jurists, a NGO dedicated to law and human rights. He represented Amnesty International as an observer in South Korea and Vietnam.
“Unofficially, I was Amnesty’s man in Hong Kong,” he said.
He was awarded life membership of the Bar Association on its 50th anniversary in 1996. Ever the rebel, he twice declined the title of Queen’s Counsel, believing it superfluous given the imminent handover, which he supported, telling anyone who would listen: “The sooner the better.”
He never married, dedicating himself to the law. In doing so he reminded many of Rumpole of the Bailey, his arms swinging out of the sleeves of his tattered gown and his disintegrating wig slightly askew. His pipe and gold-rimmed monocle added to the effect. And like John Mortimer’s fictional character, Sanguinetti had an astute legal brain.
According to his friend Brian McElney, former president of the Law Society, work as a barrister brought out the best in him.
“Albert flourished greatly, building up one of the best practices in Hong Kong,” he said. “He was tenacious fighter and would do all in his power to fight for his client and ensure he had a fair trial. Albert was truly an expert on the law of evidence in criminal cases … Hong Kong’s real life `Rumpole’.”
A compassionate and generous man, the self-styled Robin Hood of Hong Kong lawyers charged the wealthy while taking on cases of the poor that no other lawyer wanted.
When Au Pui-kuen, a police detective, shot a youth dead for asking him to drive more carefully, Sanguinetti represented the poor youth’s family on a pro-bono basis.
He retired from the Bar in 1994.
Albert J.J. Sanguinetti’s ashes will be scattered across the waters of Hong Kong, according to his wishes.
He is survived by two sisters and numerous nieces and nephews.