HONG KONG LEGISLATIVE COUNCIL
香港立法局
28 June 1989
20
—————一九八九年六月二十八日
The Bill extends the supplementary legal aid scheme to the district courts. The Legal Aid Ordinance provides for the award of supplementary legal aid in case of civil proceedings in the High Court or Court of Appeal only, which are brought by the aided person in a claim arising from personal injuries to, or the death of, any person. Until recently claims in excess of $60,000 were litigated in the High Court. The recent increase of the district court civil jurisdiction from $60,000 to $120,000 has meant that those persons with a claim between $60,000 and $120,000 are no longer eligible for supplementary legal aid since their claims must now be litigated in the District Court, and not in the High Court. The Bill restores their eligibility.
The Bill makes it clear that the director is liable to pay a non-aided party's costs incurred in successfully opposing a counterclaim, cross-petition or cross- appeal brought by a legally aided defendant or respondent.
Sir, the remaining amendments made by the Bill are of a minor nature.
I move that the debate on this Bill be adjourned.
Question on the adjournment proposed, put and agreed to.
ARBITRATION (AMENDMENT) BILL 1989
THE ATTORNEY GENERAL moved the Seond Reading of: "A Bill to amend the Arbitration Ordinance."
He said: Sir, I move that the Arbitration (Amendment) Bill 1989 be read a Second time.
The Bill seeks to remove uncertainty in the law as to who may represent parties in arbitration proceedings and will make clear that parties to an arbitration agreement may be represented by any person of their choice.
An arbitration is essentially a private contractual arrangement for the resolution of a dispute otherwise than by legal proceedings in the courts.
At common law the exclusive rights of audience which barristers and solicitors enjoy in the courts do not extend to arbitrations. A party in an arbitration may be represented by any person of his choosing whatever his profession and from whatever legal jurisdiction that person may come. This