XN000022-1994-10-29 — Page 3

N

SATURDAY, OCTOBER 29, 1994

AT PRESENT, APPEALS LIE TO THE PRIVY COUNCIL IN CIVIL CASES THREE SITUATIONS:

OF

IN

AN APPEAL LIES AS OF RIGHT FROM A FINAL JUDGMENT OF THE COURT OF APPEAL IF THE MATTER IN DISPUTE IS OF THE VALUE OF $500,000 OR MORE;

AN APPEAL LIES WITH THE LEAVE OF THE COURT OF APPEAL FROM ANY JUDGMENT OF THAT COURT IF THE QUESTION INVOLVED ON THE APPEAL IS ONE WHICH, BY REASON OF ITS GREAT GENERAL OR PUBLIC IMPORTANCE OR OTHERWISE, OUGHT TO BE SUBMITTED TO THE PRIVY COUNCIL FOR DECISION; AND

AN

APPEAL LIES WITH THE SPECIAL LEAVE OF THE PRIVY COUNCIL IN ANY CASE, BUT SPECIAL LEAVE IS NORMALLY GRANTED ONLY WHERE THE CASE RAISES EITHER A FAR-REACHING QUESTION OF LAW OR MATTERS OF DOMINANT PUBLIC IMPORTANCE.

APPEALS LIE IN RESPECT OF CRIMINAL CASES ONLY BY SPECIAL THE PRIVY COUNCIL, AND THIS IS NORMALLY GRANTED ONLY QUESTIONS ARE RAISED OF GREAT AND GENERAL PUBLIC IMPORTANCE, OR SUBSTANTIAL AND GRAVE INJUSTICE HAS BEEN DONE.

MR

LEAVE

WHERE

WHERE

MATHEWS ADDED THAT PROVISIONS IN THE BILL RELATING TO THE JURISDICTION OF THE COURT OF FINAL APPEAL WERE BROADLY THE SAME AS THOSE OF THE PRIVY COUNCIL.

HE

SAID THE QUALIFICATIONS FOR APPOINTMENT AS A JUDGE OF THE SUPREME COURT WERE SET OUT IN THE SUPREME COURT ORDINANCE.

HE SAID A PERSON WAS QUALIFIED FOR SUCH AN APPOINTMENT IF, AMONGST OTHER THINGS,

* HE OR SHE IS AN ADVOCATE WHO HAS FOR AT LEAST 10 YEARS

PRACTISED AS AN ADVOCATE OR A SOLICITOR; OR

*

HE OR SHE IS A DISTRICT JUDGE OR PERMANENT MAGISTRATE, HAS AT LEAST 10 YEARS' PROFESSIONAL EXPERIENCE; OR

AND

HE OR SHE IS EMPLOYED IN GOVERNMENT LEGAL WORK AND HAS LEAST 10 YEARS' PROFESSIONAL EXPERIENCE.

AT

MR MATHEWS SAID THE QUALIFICATIONS FOR PERMANENT JUDGES OF COURT OF FINAL APPEAL SET OUT IN THE BILL WERE BASED UPON THOSE SUPREME COURT JUDGES.

"HOWEVER, IT IS CONSIDERED THAT IT WOULD NOT BE APPROPRIATE APPOINT SOMEONE DIRECTLY FROM GOVERNMENT LEGAL SERVICE TO THE AND SO SUCH SERVICE WILL NOT BE A BASIS FOR ELIGIBILITY."

THE

FOR

ΤΟ

COURT,

AND

THE

"INSTEAD THE BILL PROVIDES THAT EXPERIENCED BARRISTERS SENIOR JUDGES ARE ELIGIBLE FOR APPOINTMENT AS PERMANENT JUDGES. BILL THEREFORE OFFERS THE REASSURANCE THAT THERE WILL BE NO RADICAL CHANGE IN THE CRITERIA FOR SELECTING JUDGES, HE SAID.

/APPROPRIATE QUALIFICATIONS