Powers and functions of JP's
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Historically, the office of JP was a judicial one. Thus, over the years, JPs in Hong Kong have accumulated a wide range of judicial and quasi-judicial powers under various local ordinances. However, not many JPs appointed today have any formal legal training. They are not equipped with the knowledge and expertise to exercise judicial and quasi-judicial powers which involve the liberty of members of the public. Moreover, with the development of a professional judiciary, these powers no longer need to be exercised by lay JPs, and in practice they rarely if ever exercise them.
In Hong Kong today, the main function of JPs is to pay visits to prisons, detention centres and institutions for probationers as provided under a number of Ordinances, in order to ensure that no individual is unfairly treated or deprived of his rights. JPs are also required to perform other duties as directed by the Governor, such as paying visits to other institutions such as reformatory schools, and mental and general hospitals, monitoring the repatriation of Vietnamese migrants and carrying out ad hoc enquiries.
The Bill proposes to recognise the way the JP system has evolved in Hong Kong by setting out the current duties performed by JPS and removing their obsolete judicial and quasi-judicial functions. It also proposes to transfer to Commissioners for Oaths the power of JPs to administer oaths and declarations. Any member of the public who is required to take an oath, or make a statutory or non-statutory declaration may therefore as at present, do this either in the government department concerned or at a District Office.
I am confident that the public will welcome the proposals in the Bill which will enable the well-recognised and respected JP system to continue beyond 30 June. I commend the Bill to Honourable Members.
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