8:

9

(Cap. 8.)

Ordinance

2 Provision amended

3

Deletion

Substitution

(b) against an

interlocutory order or judgment,".

"or magistrate" where ", magistrate, coroner

2.

Evidence Section Ordin- 81(2)

it first occurs

ance.

(Cap. 336.)

3.

District

..

Court

Ordin-

ance.

Section 2

"or any magistrate"

"or magistrate" where it occurs for the second time

66

"judge" means a District Judge or a temporary Judge;"

"temporary judge"

means a tempor- ary judge or a temporary

additional judge appointed under section 7."

Section 7 "temporary judge"

appointed under the Coroners Ordinance, adjudicator appointed under the Small Claims Tribunal Ordinance or presiding officer appointed under the Labour Tribunal Ordinance".

magistrate, coroner, Small Claims Tribunal or Labour Tribunal".

", magistrate, coroner, Small Claims Tribunal jor Labour Tribunal".

66

"judge" means a

District Judge or a deputy District Judge;"

"deputy District

Judge" means a deputy District Judge appointed under section 7.”.

"deputy District Judge”.

Section

8(1)

Section 8(2)

and "temporary additional judge" "temporary judge"

"temporary judge"

Section 8(3)

"deputy District Judge".

"deputy District Judge".

"deputy District Judge”.

Explanatory Memorandum

The main objects of this Bill are-

(a) to increase the financial limits of the jurisdiction of the District

Court and the Small Claims Tribunal;

(b) to confer on the District Court additional jurisdiction relating to cause in the fields of merchant shipping, matrimonial causes, proceedings and property, legitimacy and adoption; and

(c) to provide an additional appeal in labour matters and small

claims to the Court of Appeal.

2. Clause 2(1) increases the financial limits of the jurisdiction of the District Court and the Small Claims Tribunal by amending the relevant sections of the Ordinances mentioned in the First Schedule. Clause 2(2) and (4) allow the amounts to be amended in future by resolution of the Legislative Council. Clause 2(3) provides for the

rate of interest on judgment debts to be fixed by the Chief Justice.

3. Clause 3 makes consequential amendments to the provisions mentioned in the Second Schedule by tying the amounts concerned to the sums mentioned in the District Court Ordinance.

4. Clause 4 transfers the jurisdiction in appeals in cases involving the registration of seamen from a judge of the High Court to a judge of the District Court.

5. Clause 5 provides that, subject to rules relating to the transfer of proceedings and the variation of existing orders, proceedings under the Matrimonial Causes Ordinance shall be commenced in the District Court. Clauses 7 and 8 make similar provisions in relation to proceed- ings under the Matrimonial Proceedings and Property Ordinance and under the Adoption Ordinance.

6. Clause 6 gives the District Court jurisdiction in matters under the Legitimacy Ordinance.

7. Clauses 9 and 10 make provisions for appeals under the Labour Tribunal Ordinance and the Small Claims Tribunal Ordinance to be heard, in the first instance, by the High Court with an appeal to the Court of Appeal on questions of law of general public importance.

8. Clause 11 and the Third Schedule make certain minor and mis- cellaneous amendments in connexion with the courts.

9. Clause 12 makes transitional provisions.

10. This Bill has no public expenditure implications other than in rela- tion to staff. It is likely that the increase in the work of the District Court and the Small Claims Tribunal will require one additional post of District Judge and one additional post of Adjudicator, with supporting staff.

Section [17(1)

"temporary judge, not being a temporary additional judge,"

"temporary judge❞

"the District Judges"

"deputy District Judge”.

"three District Judges appointed by the Chief Justice".

Share This Page