XN000022-1991-01-09 — Page 20

-

19

WEDNESDAY, JANUARY 9,1991

BILL TO DEFINE DEPUTY JUDGES' STATUS IN LAND TRIBUNAL INTRODUCED

THE LANDS TRIBUNAL (AMENDMENT) BILL 1990 AMENDS THE LANDS TRIBUNAL ORDINANCE TO MAKE IT CLEAR THAT BOTH DISTRICT JUDORS AND DEPUTY DISTRICT JUDGES SHALL BE EX OFFICIO PRESIDING OFFICERS OF THE LANDS TRIBUNAL.

THE CHIEF SECRETARY, SIR DAVID FORD, SAID THIS WHEN MOVING THE SECOND READING OF THE BILL IN THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).

SIR DAVID POINTED OUT THAT AT PRESENT, THE LANDS TRIBUNAL CONSISTED OF A PRESIDENT, PRESIDING OFFICERS AND OTHER APPOINTED MEMBERS.

++

SECTION 4(3) OF THE LANDS TRIBUNAL ORDINANCE STATES THAT THE PRESIDING OFFICERS SHALL BE DISTRICT JUDGES AND SHALL BE APPOINTED THE GOVERNOR'.

BY

"BY NOTICE IN THE GAZETTE IN 1982, THE GOVERNOR APPOINTED t ALL DISTRICT JUDGES' TO BE PRESIDING OFFICERS WITH EFFECT FROM OCTOBER 1, 1982," THE SECRETARY SAID.

SIR DAVID EXPLAINED

THAT FOR OPERATIONAL REASONS, DEPUTY DISTRICT JUDGES HAD ALSO SAT AS PRESIDING OFFICERS IN THE LANDS TRIBUNAL SINCE 1982.

A

"BY VIRTUE OF SECTION 8(1) OF THE DISTRICT COURT ORDINANCE, DEPUTY DISTRICT JUDGE SHALL 'DURING THE PERIOD FOR WHICH HE IS APPOINTED, HAVE ALL THE JURISDICTION, POWERS AND PRIVILEGES, AND PERFORM ALL THE DUTIES OF THE OFFICE OF DISTRICT JUDGE'.

++

HOWEVER,

DOUBTS HAVE BEEN EXPRESSED WITHIN THE JUDICIARY AS TO WHETHER THE WORDING OF SECTION 8 OF THE DISTRICT COURT ORDINANCE TOGETHER WITH THE GOVERNOR'S APPOINTMENT OF 'ALL DISTRICT JUDGES' COULD HAVE THE COMBINED EFFECT OF ENTITLING DEPUTY DISTRICT JUDGES TO SIT AS PRESIDING OFFICERS IN THE LANDS TRIBUNAL, SIR DAVID SAID.

HE ALSO NOTED THAT THE BILL THEREFORE AMENDED THE LANDS TRIBUNAL ORDINANCE TO MAKE IT OBVIOUSLY CLEAR THAT DEPUTY DISTRICT JUDGES COULD SIT AS PRESIDING OFFICERS IN THE LANDS TRIBUNAL.

"THE AMENDMENT WOULD HAVE RETROSPECTIVE EFFECT, FROM JULY

30, 1982 WHEN SECTION 4(3) OF THE LANDS TRIBUNAL ORDINANCE CAME INTO OPERATION 80 AS TO PUT BEYOND ANY DOUBT THE VALIDITY OF THEIR ACTIONS IN THAT CAPACITY,"

** HE ADDED.

DEBATE ON THE BILL WAS ADJOURNED.

PAST

/20

Page 20Page 21