XN000022-1992-12-02 — Page 5

لها

T

WEDNESDAY, DECEMBER 2, 1992

SUPREME COURT (AMENDMENT) BILL 1992 INTRODUCED

THE SUPREME COURT (AMENDMENT) BILL 1992 WOULD EXTEND THE JURISDICTION OF THE COURT OF APPEAL AND PROVIDE THAT A PARTY MIGHT APPEAL AS OF RIGHT FROM A DECISION UPON JUDICIAL REVIEW IN A CRIMINAL CAUSE OR MATTER, THE ATTORNEY GENERAL, THE HON JEREMY MATHEWS, SAID.

MOVING THE SECOND READING OF THE BILL IN THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY), MR MATHEWS SAID IT WAS MADE CLEAR THAT THE NEW JURISDICTION WOULD ONLY APPLY IN RESPECT OF JUDGEMENTS GIVEN OR ORDERS MADE AFTER THE DATE OF ENACTMENT.

OR

HE EXPLAINED THAT A PARTY TO PROCEEDINGS IN THE MAGISTRACY, ANY OTHER INFERIOR COURT, MIGHT APPLY TO THE HIGH COURT FOR JUDICIAL REVIEW OF THE COURT'S DECISION.

IF THE PROCEEDINGS RELATED TO A CIVIL CAUSE OR MATTER, AN APPEAL FROM THAT JUDICIAL REVIEW WOULD LIE TO THE COURT OF APPEAL AS OF RIGHT.

HOWEVER, IF THE PROCEEDINGS RELATED TO A CRIMINAL CAUSE OR MATTER, THE COURT OF APPEAL HAD NO JURISDICTION TO HEAR AN APPEAL FROM THE JUDICIAL REVIEW.

A PARTY WHO WISHED TO APPEAL MIGHT ONLY DO SO BY APPLYING, WITH LEAVE, TO THE PRIVY COUNCIL IN LONDON.

MR MATHEWS SAID: "THIS DISTINCTION BETWEEN CIVIL AND CRIMINAL MATTERS FOR THE PURPOSE OF APPEALS IS ARTIFICIAL AND SERVES NO USEFUL PURPOSE.

申

"IT IS NOT IN THE PUBLIC INTEREST THAT THE COURT OF APPEAL SHOULD BE UNABLE TO MAKE RULINGS ON ISSUES OF POTENTIAL SIGNIFICANCE.

HE SAID THE BILL HAD THE SUPPORT OF THE LEGAL PROFESSION.

DEBATE ON THE BILL WAS ADJOURNED.

REGULATION OF TRUST COMPANIES TO BE ENHANCED

THE TRUSTEE (AMENDMENT} BILL 1992 PROPOSING то UPDATE THE REGISTRATION REQUIREMENTS OF TRUST COMPANIES AND STREAMLINE THE REGULATION PROCEDURES HAS BEEN INTRODUCED INTO THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).

FOR

WAS

MOVING THE SECOND READING OF THE BILL, THE SECRETARY MONETARY AFFAIRS, MR DAVID NENDICK, EXPLAINED THAT A COMPANY ELIGIBLE TO BE REGISTERED AS A TRUST COMPANY IF IT MET THE STATUTORY REQUIREMENTS UNDER THE TRUSTEE ORDINANCE.

/AT PRESENT