XN000022-1994-03-30 — Page 28

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WEDNESDAY, MARCH 30, 1994

IN THIS RESPECT, HE SAID, TWO WORKING PARTIES HAD BEEN ESTABLISHED BY THE JUDICIARY TO CONSIDER WAYS OF PROMOTING THE GREATER USE OF CHINESE IN THE LAW.

IN RELATION TO WHETHER THE LANGUAGE REQUIREMENT WILL BE REPEALED OR AMENDED BEFORE 1997, MR MATHEWS SAID IT WOULD DEPEND LARGELY ON WHETHER, BEFORE THAT DATE, THE LAW WAS TO BE AMENDED TO ALLOW THE CHINESE LANGUAGE TO BE USED IN THE HIGH COURT.

AND, WHETHER THE RETENTION BEYOND 1997 OF THE EXISTING LANGUAGE REQUIREMENT FOR JURORS WOULD CONTRAVENE THE BASIC LAW WAS A MATTER THAT WAS BEING CONSIDERED AS PART OF THE ADAPTATION OF LAWS EXERCISE, HE ADDED.

SUPREME COURT (AMENDMENT) BILL 1994 INTRODUCED

BILL PROPOSING TO PROVIDE FOR THE INTRODUCTION OF A FORMAL SYSTEM OF APPOINTING EXPERIENCED BARRISTERS AS RECORDERS OF THE HIGH COURT WHO WOULD. SIT AS TEMPORARY JUDGES FOR SPECIFIC PERIODS WAS INTRODUCED INTO THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).

MOVING THE SECOND READING OF THE SUPREME COURT (AMENDMENT) BILL 1994, THE ATTORNEY GENERAL, THE HON JEREMY MATHEWS, SAID FOR SOME YEARS, THE CHIEF JUSTICE HAD INVITED, AND APPOINTED, EXPERIENCED BARRISTERS, NORMALLY QUEEN'S COUNSEL, ON AN AD HOC BASIS TO SIT IN THE HIGH COURT AS DEPUTY JUDGES FOR A PERIOD OF ABOUT FOUR WEEKS.

HE SAID: "THE ARRANGEMENT HAS PROVIDED AN OPPORTUNITY FOR MEMBERS OF THE BAR TO HAVE FIRST-HAND EXPERIENCE OF JUDICIAL WORK, AND ALSO FOR THE CHIEF JUSTICE TO TEST THEIR SUITABILITY FOR POSSIBLE FUTURE APPOINTMENT TO THE BENCH.

"BUT IT HAS NOT PROVED VERY EFFECTIVE IN ATTRACTING MEMBERS OF THE BAR TO APPLY TO JOIN THE BENCH, NOR HAS IT CONTRIBUTED MATERIALLY TO A REDUCTION IN THE TIME TAKEN FOR CASES TO BE HEARD.

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MR MATHEWS SAID THE BILL GAVE EFFECT TO THE RECOMMENDATIONS MADE BY A WORKING GROUP WHICH HAD CAREFULLY EXAMINED THE PROPOSAL FORWARD BY THE HONG KONG BAR ASSOCIATION.

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THE PROPOSAL AIMED TO ESTABLISH A FORMAL SYSTEM OF RECORDERSHIP MAKE MORE EXTENSIVE USE OF THE EXPERTISE AVAILABLE IN THE PRIVATE SECTOR.

THE BILL PROPOSED THAT A MORE FORMAL RECORDERSHIP SYSTEM WHERE BARRISTERS MAY BE APPOINTED TO SIT IN THE HIGH COURT OVER A LONGER PERIOD SHOULD BE INTRODUCED.

MR MATHEWS SAID: "WE PROPOSE THAT, AS RECOMMENDED BY THE WORKING GROUP AND FOLLOWING THE PRACTICE IN THE UNITED KINGDOM, A RECORDER SHOULD NORMALLY BE APPOINTED FOR A PERIOD OF THREE YEARS, WITH A MINIMUM SITTING REQUIREMENT OF FOUR CONSECUTIVE WEEKS BACH YEAR.

/"THE CHIEF