XN000022-1984-07-18 — Page 8

WEDNESDAY, JULY 18, 1984

7

BILL TO UPDATE LAW

***

THE LIMITATION (AMENDMENT) BILL 1984 CONCERNING THE PERIOD ALLOWED FOR BRINGING CIVIL CLAIMS TO COURTS, SEEKS TO BRING THE LAW IN HONG KONG ON THE SUBJECT INTO LINE WITH THE UNITED KINGDOM LAW.

MOVING THE SECOND READING OF THE BILL, THE ACTING LAW DRAFTSMAN, THE HON J.J. O'GRADY, RECALLED THAT IN 1983, THE COURT OF APPEAL RULED THAT THE PERIOD COULD NOT BE CIRCUMVENTED BY THE RULES OF THE SUPREME COURT AS THESE RULES ONLY APPLY TO MATTERS OF PRACTICE AND PROCEDURE.

+ACCORDINGLY THE COURT HELD THAT A RULE WAS ULTRA VIRES WHICH PURPORTED TO ENABLE EXISTING PROCEEDINGS TO BE AMENDED FY ADDING OR SUBSTITUTING A NEW ACTION, EVEN THOUGH THE TIME ALLOWED FOR BRINGING THE NEW ACTION AS AN ORIGINAL ACTION HAD EXPIRED.

+A SIMILAR PROBLEM HAD ALREADY ARISEN IN THE UK AND THE SOLUTION THERE WAS TO ENACT AN EXPRESS STATUTORY PROVISION WHICH MEANT THAT EXISTING PROCEEDINGS COULD PROPERLY BE AMENDED IN THE WAY I HAVE JUST MENTIONED,+ MR O'GRADY SAID.

CLAUSE 2 OF THE BILL, HE ADDED, SEEKS TO ADOPT THE UK RESOLUTION.

+ IN EFFECT, CLAUSE 2 RESTORES THE POSITION TO WHAT IT WAS, OR WAS UNDERSTOOD TO BE, PRIOR TO THE DECISION OF THE COURT OF APPEAL, AND BRINGS THE LAW IN HONG KONG ON THIS SUBJECT INTO LINE WITH UK LAW,+ MR O'GRADY SAID.

DEBATE ON THE BILL WAS ADJOURNED.

BILL SEEKS TO RAISE COURT COSTS ***

A BILL PROPOSING TO RAISE COURT COSTS FOR A DEFENDANT WHO NO LONGER WISHES TO CONTEST THE CHARGE WAS INTRODUCED INTO THE LEGISLATIVE COUNCIL TODAY.

THE FIXED PENALTY (CRIMINAL PROCEEDINGS) (AMENDMENT) (NO. 2) BILL 1984 SEEKS TO INCREASE THE COSTS FROM $25 TO 70.

MOVING THE SECOND READING OF THE BILL, THE ACTING LA DRAFTSMAN, THE HON J.J. O'GRADY, SAID THE REASONS FOR THE

INCREASE WERE PURELY ECONOMIC AS THE FIGURE OF $25 WAS SET IN 1974.

/+IN FUTURE,