7.
shall sit. It also follows that the Judiciary will decide general priorities and the general pace of business. It will also settle
and
and
if
maintain systems for judicial assignment listing. These are necessary functions which, not performed by the
by the Judiciary, will not be performed at all. Within the forensic community's understanding should lie the fundamental assumption that judges are going to be vigilant and questioning about unnecessary adjournments and prolixity and any other causes of wasted court time.
This is authoritarian and I make no bones about it for I do not believe that the laissez-faire approach works in court systems and I do believe injustice can be caused by it.
The distribution of the various functions that must be carried out in a judicial system should be placed with the right people and seen to be so placed. The system will then work and be predictable in spite of vicissitude and misfortune.
If the functions are not appropriately distributed the system will work after a fashion but only when both good will and good fortune are in the ascendant. The Hong Kong Judiciary has an opportunity now to make the distribution of functions express and clear. The flow of business will thus be guaranteed and predictable and the use of resources efficient. The entire forensic community will benefit.
"
It is against this background that applications and events in particular cases will be considered by the court. The court will continue to make its orders and directions about the hearing of individual cases in the light of all the circumstances and
and in the interests of justice. Some adjournments will be granted no one having been at fault. Some adjournments will not be granted. And some will be granted but with sanctions for blameworthy delay."
It will be important for the Justices of Appeal to know about the policy of the courts and tribunals below them. They will not in the least regard it as affecting the disposal of an appeal. All that is needed is the avoidance of language that will discourage courts from being properly firm.
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