RESTRICTED
3
XCR (81) 285
Financial and Staffing Implications
16
Based upon the figures for 1980, some 2, 010 District Court civil cases which constitute about 7% of its workload would fall within the new jurisdiction of the Small Claims Tribunal. This reduction in the work of the District Court will be more than counter-balanced by the cases which would fall within its increased jurisdiction. In 1980 some 1, 242 High Court civil actions fell within the range - $20,000 to $40,000. The se will now be District Court cases. However, they would tend to be more complicated and hard fought. In addition, it is probable that many would-be litigants do not commence proceedings in the High Court where they are claiming less than $40,000 because of high legal costs. Costs in the District Court are less and may make litigation more attractive.
17
The increase in the work of the Small Claims Tribunal is likely to be more than the 2, 010 cases already mentioned. Again, many litigants who wish to claim between $3,000 and $5, 000 are deterred from taking proceedings in the District Court because of the comparatively high legal costs involved. Legal representation in the Small Claims Tribunal is not permitted. Costs are unlikely to exceed $30.00. The Tribunal is therefore an attractive forum.
18
It is probable therefore that one additional post of District Judge and one additional post of Adjudicator may have to be created and provided with supporting staff to cope with the increase in work.
Public Reaction
19
For the reasons given in paragraph 16, it is antitipated that the public generally will welcome the amendments to the jurisdiction of the District Court and Small Claims Tribunal. It is doubtful whether there will be any strong feelings concerning the transfer of divorce and legitimacy jurisdiction to the District Court.
20
The other amendments are generally technical and are unlikely to be of interest to the public.
Publicity
21
The Judiciary will arrange suitable publicity, in conjunction with the Government Information Service, in the press, and on radio and television.
G.S. 84
RESTRICTED
RESTRICTED
XCR (81) 285
Advice Sought
22
- 4 ·
Members will be asked to advise whether the Administration of Justice (Miscellaneous Amendments) Bill 1981 should be introduced into the Legislative Council.
(The Registrar of the Supreme Court (Mr N. J. BARNETT) and the Senior Assistant Law Draftsman (Mr J.K. FINDLAY) will attend before the Council for the discussion of this item).
11th November 1981
(COU 18/3231/68)
COUNCIL CHAMBER
G.S. 84
RESTRICTED
A BILL
Το
ANNEX TO XCR (81)285
Make better provision for the administration of justice in
relation to the jurisdiction of the courts and tribunals
and for connected purposes.
Enacted by the Governor cf Hong Kong, with the advice
and consent of the Legislative Council thereof.
Short title and
Commencement.
PART I
PRELIMINARY
1 (1) This Ordinance may be cited as the Administration
of Justice (Miscellaneous Amendments) Ordinance 1981.
(2) This Ordinance shall come into operation on a day
to be appointed by the Governor by notice in the Gazette and
the Governor may appoint different days for different provisions,
for different purposes or for the same purpose in relation to
different cases or classes of cases.
Amendments
to financial
limits of
jurisdiction.
PART II
FINANCIAL LIMIT OF JURISDICTION
2. (1) The Ordinances mentioned in column 1 of the
First Schedule are amended in the provisions mentioned in
First Schedule. column 2 by deleting the amounts mentioned in column 3 and
substituting the amounts mentioned in column 4.