XN000022-1993-06-09 — Page 32

WEDNESDAY, JUNE 9, 1993

18

MR BLAKE SAID THE GOVERNMENT WAS CONSIDERING INTRODUCING CONTROL TO ALL BUILDINGS BASED ON THE OTTV AND WAS NOW STUDYING THE COMMENTS FROM BOTH THE PRIVATE SECTOR AND OTHER GOVERNMENT AGENCIES ON A DRAFT HANDBOOK ON OTTV IN THE LIGHT OF THEIR ACTUAL OPERATIONAL EXPERIENCE.

ΤΟ

COMMENTS THESE

WOULD BE TAKEN INTO ACCOUNT BEFORE THE MADE GOVERNMENT

A DECISION ON BOTH THE APPROPRIATE STANDARD

BE ADOPTED AND THE MEANS FOR ENSURING THAT ANY STANDARD PROMULGATED WOULD MR ACTUALLY BE APPLIED, BOTH IN THE PRIVATE AND GOVERNMENT SECTORS, BLAKE.

OVER-LISTING TO AVOID WASTING COURT TIME

THE JUDICIARY IS PRACTISING A CERTAIN AMOUNT OF OVER-LISTING TO AVOID WASTAGE OF COURT TIME, THE ACTING CHIEF SECRETARY, THE HON MRS ANSON CHAN, TOLD THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).

ARE

"THE OPTIMUM LEVEL OF OVER-LISTING IS REACHED WHEN THERE JUST ENOUGH CASES TO FIT IN WITH ALL VACANT SLOTS SO THAT ALL THE JUDGES ARE FULLY OCCUPIED, SHE SAID.

..

IN A WRITTEN REPLY TO A QUESTION BY THE HON EMILY LAU, MRS CHAN EXPLAINED THAT A CONSIDERABLE NUMBER OF CASES LISTED FOR HEARING IN THE DISTRICT COURT WERE SETTLED BEFORE TRIAL OR WERE FOUND NOT TO BE READY WHEN THEY WERE CALLED FOR TRIAL.

THE AVERAGE WAITING TIMES FOR TRIALS IN THE HIGH COURT AND THE DISTRICT COURT ARE SEVEN-AND-A-HALF MONTHS AND ABOUT NINE MONTHS RESPECTIVELY.

THESE WAITING TIMES RELATE ONLY TO FIXTURES WHICH ARE LISTS OF CASES WHERE A FIXED DATE IS GIVEN FOR THE START OF THE TRIAL, WHICH IN MOST CASES REQUIRE LONGER LEAD TIME FOR PREPARATION.

NOT ΤΟ

AS REGARDS OTHER CASES WHERE THE HEARING IS ESTIMATED TAKE LONGER THAN FIVE DAYS, MRS CHAN SAID THEY WERE PUT ON RUNNING LISTS AND WERE HEARD IN THE ORDER IN WHICH THEY WERE SET DOWN.

CASES ON THE CRIMINAL RUNNING LIST IN THE DISTRICT HEARD, ON THE AVERAGE, WITHIN TWO TO THREE WEEKS.

THOSE ON THE CRIMINAL RUNNING LIST AND CIVIL RUNNING HIGH COURT ARE GENERALLY HEARD WITHIN 25 WEEKS AND RESPECTIVELY,

THE

COURT ARE

LIST IN

10 WEEKS

"A CASE IS TRANSFERRED FROM THE HIGH COURT то THE DISTRICT ONLY IF IT IS DECIDED THAT THE DISTRICT COURT IS THE MORE APPROPRIATE FORUM FOR HEARING THE PARTICULAR CASE."

COURT

"NO CASES ARE TRANSFERRED FOR THE PURPOSE OF REDUCING WAITING TIME FOR TRIALS, MRS CHAN SAID.

THE DECISION TO TRANSFER IS MADE BY A JUDGE ON APPLICATION FROM THE ATTORNEY GENERAL, SHE SAID.

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