XN000022-1984-02-24 — Page 3

FRIDAY, FEBRUARY 24, 1984

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UNDER THE ARBITRATION (AMENDMENT) BILL 1984 GAZETTED TODAY, A PARTY MAY SERVE A NOTICE TO APPOINT OR CONCUR AND, IN DEFAULT OF COMPLIANCE, ASK THE COURT TO MAKE THE APPOINTMENT, THEREBY RECTIFYING THE PRESENT SITUATION.

ANOTHER DEFICIENCY IN THE EXISTING ARBITRATION PROCESS RELATES TO THE LIMITATIONS UPON THE POWER OF THE ARBITRATOR TO AWARD INTEREST.

ACCORDING TO THE PRESENT LAW, INTEREST IS PAYABLE ON SUMS AWARDED IN ARBITRATION ONLY FROM THE DATE OF THE AWARD, AND NO MATTER HOW OVERDUE THE PAYMENT, THE ARBITRATOR HAS NO POWER TO AWARD INTEREST ON THE WHOLE OR PART OF THE SUMS DUE BEFORE THAT DATE.

THIS INADEQUACY IS SERIOUS SINCE ARBITRATION IS PARTICULARLY SUITABLE FOR DETERMINATION OF COMMERCIAL DISPUTES IN WHICH LARGE SUMS OF MONEY ARE OFTEN INVOLVED.

ALONG THE LINES OF THE ADMINISTRATION OF JUSTICE ACT 1982 WHICH AMENDED THE ARBITRATION ACT 1950 IN THE UNITED KINGDOM, THIS BILL SEEKS TO CONFER ON AN ARBITRATOR THE POWER TO AWARD INTEREST, AT THE APPROPRIATE RATES FOR THE APPROPRIATE PERIOD, BOTH ON SUMS PAID BEFORE THE AWARD AS WELL AS ON SUMS FOUND DUE UNDER THE AWARD.

THE BILL WILL BE PRESENTED TO THE LEGISLATIVE COUNCIL ON MARCH 14 AND IS EXPECTED TO GO THROUGH ITS REMAINING LEGISLATIVE STAGES ON MAY 16.

ANYONE WHO WISHES TO COMMENT ON THE CONTENTS OF THE BILL MAY WRITE TO UMELCO AT SY RE HOUSE, 12TH FLOOR, OR TO THE ATTORNEY ŒENERAL'S CHAMBERS A CENTRAL GOVERNMENT OFFICES, LOWER ALBERT ROAD, HONG KONG.

SEEKING VIEWS ON RURAL DEVELOPMENTS ****

THE REGIONAL SECRETARY FOR NEW TERRITORIES, MR IAN MACPHERSON, EXCHANGED VIEWS WITH VILLAGE REPRESENTATIVES OF SHA TAU KOK AND TA KWU LING ON DEVELOPMENT PROJECTS DURING A VISIT TO NORTH DISTRICT TODAY (FRIDAY).

ACCOMPANIED BY THE DISTRICT OFFICER, MR IAN WOTHERSPOON,

MR MACPHERSON FIRST WENT TO SEE A NEW CROSS-BORDER ROAD IN SHA TAU KOK, WHERE CONSTRUCTION WORK HAS STARTED AND WILL BE COMPLETED BY THE END OF THE YEAR.

AFTER A MEETING WITH VILLAGE REPRESENTATIVES TO DISCUSS VARIOUS DEVELOPMENT PROJECTS, HE SAW THE FUTURE SITE FOR A TEMPORARY HOUSING AREA AND A SPORTING GROUND.

WORK ON THE PROJECT WILL BEGIN IN AUGUST AND IS SCHEDULED FOR COMPLETION IN 18 MONTHS' TIME. THE TEMPORARY HOUSING AREA WILL ACCOMMODATE THE HUT-DWELLERS AT YIM LIU HA,

AFTER SHA