WEDNESDAY, JULY 7, 1993
THE
THE DATE IS FIXED NORMALLY BY THE CLERK OF COURT ON BEHALF OF REGISTRAR WHEN THE RELEVANT DOCUMENTS ARE RECEIVED FROM THE
TRIBUNAL.
SIR DAVID SAID IN THE RECENT CASE, THE DOCUMENTS FROM THE TRIBUNAL ARRIVED LATER THAN USUAL.
"BY THE TIME THE CLERK OF COURT SAW THE PARTIES TO FIX A DATE FOR THE HEARING, THE TIME LIMIT FOR FIXING THE DATE HAD ALREADY EXPIRED, HE SAID,
++
THE CROWN THUS OBJECTED TO THE APPEAL BEING LISTED AND THE CLERK OF COURT DECIDED TO DECLINE TO FIX A DATE FOR THE HEARING.
THE APPEAL PARTY THEN ISSUED FORMAL PROCEEDINGS IN THE HIGH COURT FOR AN ORDER REQUIRING THE REGISTRAR TO FIX A DATE AND THE JUDGE RULED IN FAVOUR OF THE APPEAL PARTY.
ALSO AN ORDER FOR COST WAS MADE AGAINST THE REGISTRAR.
SIR DAVID SAID IMMEDIATELY AFTER THE COURT RULING, REGISTRAR ORDERED AN INVESTIGATION INTO THE CASE.
THE
"IT TRANSPIRED THAT THE CLERK OF COURT HAD,
IN HIS OWN BETTER JUDGMENT, TAKEN THE DECISION TO REFUSE TO FIX THE DATE FOR HEARING THE APPEAL.
"THE CASE COULD HAVE BEEN REFERRED TO THE PRACTICE MASTER IN THE REGISTRY FOR GUIDANCE," HE SAID.
THE PRACTICE MASTER WAS ABLE TO GIVE ANY DIRECTIONS WHICH MIGHT BE REQUIRED ON QUESTIONS OF PRACTICE AND PROCEDURE, DIRECTING THE CLERK OF COURT TO SET THE APPEAL DOWN.
"HAVING EXAMINED THE CIRCUMSTANCES OF THE CASE, THE CONCLUDED THAT THE DECISION OF THE CLERK OF COURT WAS AN JUDGMENT."
"IT DID NOT INVOLVE DERELICTION OF DUTY ON THE OFFICIALS, SIR DAVID SAID.
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INCLUDING
REGISTRAR ERROR OF
PART OF ANY
CRITERIA FOR EXTENDING SERVICE OF OVERSEAS AGREEMENT OFFICERS
THERE ARE AT PRESENT 20 OVERSEAS AGREEMENT OFFICERS OVER THE AGE OF 60 SERVING 16 RANKS IN NTNE GOVERNMENT DEPARTMENTS, THE SECRETARY FOR THE CIVIL SERVICE, MRS ANSON CHAN, TOLD THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).
IN A WRITTEN REPLY TO A QUESTION BY THE HON CHEUNG MAN-KWONG, MRS CHAN SAID THE FURTHER EMPLOYMENT OF AN AGREEMENT OFFICER BEYOND THE AGE OF 60 WAS CONSIDERED ONLY IN VERY EXCEPTIONAL CIRCUMSTANCES.
/"THE OFFICER