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Clause 3 abolishes the common law offence of conspiracy to defraud.
Mr President, this Bill is short but important. By putting in place a general offence of fraud, and abolishing the common law offence of conspiracy to defraud, it will rid our law of many defects, technicalities and loopholes, and will enable us to deal more effectively with all types of fraud. I commend the Bill to the Council.
End
District Court (Amendment) Bill introduced into LegCo
Following is a speech by the Attorney General, the Hon Jeremy Mathews, in moving the second reading of the District Court (Amendment) Bill 1996, in the Legislative Council today (Wednesday):
Mr President,
I move that the District Court (Amendment) Bill 1996 be read the second time. The Bill aims to encourage a greater flow of civil work directly into the District Court and to improve the District Court Ordinance in various respects.
First established in 1953, the District Court is the second tier of the court system in Hong Kong. At present, the District Court has a general jurisdiction to deal with claims in contract or tort where the amount claimed is, or is worth, not more than $120,000. In relation to such matters as the administration of an estate or the execution of a trust, the District Court also has jurisdiction where the property is worth not more than $120,000. Where the proceedings are for the recovery of land, or relate to the title to land, the rateable or annual value of the land must be not more than $100,000 in order for the District Court to have jurisdiction.
These financial limits were set in July 1988. The accumulated inflation rate from 1 July 1988 to 30 June 1996, as measured by the Consumer Price Index (A), was 98.2%. Property prices and rental values have also increased significantly during this period. Many civil cases that would in the past have been within the jurisdictions of the District Court now fall outside the court's jurisdiction. The result is that there is increasing pressure on, and delay in, the High Court.
In October 1991, the Chief Justice appointed a Working Party under the chairmanship of the Hon Mr Justice Kempster to consider the terms of the District Court Ordinance, the District Court Civil Procedure (General) Rules and the District Court Civil Procedure (Forms) Rules and to recommend amendments. The Working Party submitted its report in June 1993 and the Chief Justice accepted its recommendations in August 1993.
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