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MONDAY, JANUARY 11, 1993
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"I SEE AS A SIDE BENEFIT TO THIS THE FREEING-UP OF THE COURTS, WHICH COULD DEVOTE THEIR RESOURCES TO THOSE MATTERS THAT MUST CONTINUE TO BE DEALT WITH BY THE JUDICIAL SYSTEM FOR EXAMPLE THE HEARING CRIMINAL CASES, THE DEVELOPMENT OF PUBLIC LAW AND THE DEVELOPMENT JURISPRUDENCE IN SUCH AREAS AS THE BILL OF RIGHTS.
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MR MATHEWS SAID THERE WERE ENCOURAGING SIGNS THAT AWARENESS ALTERNATIVE FORMS OF DISPUTE RESOLUTION IS GROWING IN HONG KONG.
OF
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ALL AIRPORT CORE PROJECT CONTRACTS, FOR EXAMPLE, CONTAINED A PROVISION FOR MANDATORY ALTERNATIVE DISPUTE RESOLUTION WHICH, IT WAS HOPED, WOULD REDUCE THE LIKELIHOOD OF LONG-DRAWN-OUT COURT PROCEEDINGS IN RESPECT OF THESE CONTRACTS. SIMILAR PROVISIONS WERE NOW BEING ADO- PTED IN OTHER GOVERNMENT CONSTRUCTION CONTRACTS.
HE
ΤΟ
SAID THE CONSUMER COUNCIL WAS ENCOURAGING ORGANISATIONS SET UP THEIR OWN SYSTEMS TO INVESTIGATE COMPLAINTS AGAINST THEIR MEMBERS, AND MEDIATION WAS ONE OF THE APPROACHES RECOMMENDED BY THE COUNCIL.
THE LABOUR DEPARTMENT HAD PROPOSED THAT LABOUR DISPUTES SMALL AMOUNTS BE SUBJECT TO ARBITRATION BY SENIOR LABOUR
INVOLVING OFFICERS.
* I WELCOME THESE INITIATIVES TO PROVIDE QUICK AND INEXPENSIVE WAYS OF RESOLVING DISPUTES AND HOPE THEY WILL ENCOURAGE OTHERS то DEVELOP SIMILAR IDEAS," MR MATHEWS SAID.
HE SAID IT WAS NOT ONLY IN THE AREA OF LITIGATION THAT THE LAW WAS IN DANGER OF PRICING ITSELF, IF NOT OUT OF EXISTENCE, THEN OUT OF THE REACH OF MANY OF THE COMMUNITY.
IN NON-CONTENTIOUS AREAS, HE BELIEVED THAT THERE WAS MUCH THAT COULD BE DONE TO REDUCE THE COST OF THE LAW.
FOR EXAMPLE, HE SAID, THERE MIGHT BE A CASE FOR LOOKING AT THE COST OF BUYING AND SELLING A FLAT.
"IN HONG KONG THE FEES TO BE CHARGED ARE GEARED STRICTLY TO THE VALUE OF THE TRANSACTION, RATHER THAN TO THE VALUE OF THE SERVICES BEING PROVIDED BY THE LAWYER INVOLVED IN THE TRANSACTION.
"HAS THE TIME COME FOR US TO LOOK AGAIN AT THE WAY IN WHICH SUCH FRES ARE CALCULATED? IS THERE A CASE FOR CHARGING, AS OTHER PROFESSIONALS DO, FOR THE VALUE OF THE SERVICE?
"THAT NAY, OF COURSE, MBAN THAT FOR SONE PARTICULAR TRANSACTIONS FEES WOULD RISE, BUT EXPERIENCE ELSEWHERE HAS SHOWN THAT OVERALL FEES TEND TO DROP. IT ALSO INTRODUCES A HEALTHY COMPETITION AND THAT SURELY CAN BE NO BAD THING.
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HE SAID ANOTHER WAY IN WHICH THE COST OF THE LAW REDUCED WOULD BE TO ELIMINATE THE COMMISSIONS THAT WERE PALD BY SOME LAWYERS TO TOUTS AND MIDDLEMEN WHO INTRODUCED THEM.
DEGREE OF
COULD BE IMPROPERLY WORK ΤΟ
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