WEDNESDAY, MARCH 13, 1985
15
+I AGREE WITH THIS AND SO THE BILL NOW PROVIDES FOR A JUDGE TO SIT WITH THREE COMMERCIAL ADJUDICATORS AND FOR THE VERDICT TO BE REACHED, IF NECESSARY, BY A MAJORITY OF THREE TO ONE.
+THE ORIGINAL PROPOSALS ALLOWED THE ADJUDICATORS TO ASK QUESTIONS WITHOUT RESTRICTION. THIS WAS THOUGHT BY SOME TO BE UNDESIRABLE BECAUSE THEY WOULD BE IGNORANT OF LEGAL CONSTRAINTS.
+1 ACCEPT THIS TOO AND SO THE BILL NOW GIVES A DISCRETION TO THE JUDGE TO STOP LEGALLY IMPROPER QUESTIONS FROM BEING ASKED, HE SAID.
TURNING TO QUESTIONS AS TO WHETHER THERE WOULD BE SUFFICIENT INTEREST IN THE COMMERCIAL SECTOR TO SUPPORT THIS PROPOSAL BY MAKING AVAILABLE THE SERVICES OF A SUFFICIENT NUMBER OF SUITABLE ADJUDICATORS, MR THOMAS SAID A NUMBER OF LEADING COMPANIES AND BANKS HAD EXPRESSED THE VIEW THAT IT WAS ENTIRELY RIGHT THAT THEY SHOULD SUPPORT THE EFFICIENT PROSECUTION OF COMMERCIAL CRIMES BY MAKING THE IR EXPERTISE AVAILABLE AS A MATTER OF PUBLIC DUTY.
+ONE INDUCEMENT TO THEM WILL BE AN EXEMPTION FROM JURY SERVICE FOR THOSE WHO ARE WILLING TO ALLOW THE IR NAMES TO BE PUT UPON A PANEL OF ADJUDICATORS WHICH WILL BE DRAWN UP UNDER THIS BILL BY THE REGISTRAR OF THE SUPREME COURT, HE SAID.
IN PRACTICE, HE SAID, THEIR CONVENIENCE WOULD BE TAKEN INTO ACCOUNT BEFORE APPOINTMENTS WERE MADE. SUITABLE FEES
WOULD BE PAID FOR THEIR SERVICES ALTHOUGH THEY WOULD HAVE TO REFLECT THE FACT THAT THEY WERE BEING CALLED UPON TO PERFORM A PUBLIC DUTY.
GIVEN THE LIMITED NUMBER OF CASES EACH YEAR, HE DOUBTED IF ANY ADJUDICATOR WOULD BE CALLED UPON TO SIT MORE THAN ONCE IN A DECADE.
+IT SHOULD BE POSSIBLE IN HONG KONG TO HAVE 150-200 NAMES ON A LIST OF ADJUDICATORS FROM WHICH THE CHIEF JUSTICE CAN DRAW WHENEVER HE DECIDES THAT A CASE IS APPROPRIATE FOR THE PROPOSED MODE OF TRIAL, HE SAID.
MR THOMAS SAID THE BILL HAD GIVEN RISE TO A GOOD DEAL OF PUBLIC INTEREST. FROM THE BUSINESS SECTOR THE RESPONSE HAD BEEN GENERALLY FAVOURABLE. THE REACTION AMONG THE LAWYERS HAD BEEN MIXED. THE LAW SOCIETY SUPPORTED THE PROPOSALS. SOME MEMBERS OF THE BAR HAD RAISED THEIR VOICES AGAINST IT ALTHOUGH SOME HAD EXPRESSED SUPPORT.
+ SHALL BE CAREFUL TO NOTE ANY FRESH VIEWS WHICH COME
FORWARD, HE SAID.
MR THOMAS SAID THERE WOULD BE PLENTY OF TIME FOR MEMBERS OF THE LEGISLATIVE COUNCIL TO CONSIDER THE BILL AND FORMULATE THE IR VIEWS BECAUSE IT WAS PROPOSED THAT THE REMAINING STAGES OF THE BILL IN THE COUNCIL SHOULD TAKE PLACE ON MAY 15.