XN000022-1997-01-13 — Page 2

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Judiciary well prepared for changeover: acting CJ

The Judiciary is committed to the establishment of a court system which will be capable of operating as is appropriate in both English and Chinese, the acting Chief Justice, Mr Justice Power, said today (Monday).

Addressing the Ceremonial Opening of the 1997 Legal Year, which was the last such ceremony before the change of sovereignty, Mr Justice Power said implementation of that commitment was proceeding at a measured pace and each step taken towards the establishment of the dual system was a cautious one.

"The Basic Law has stipulated in the most positive way that the common law shall remain the cornerstone of the legal system of the Special Administrative Region. Important as the setting up of the dual system of courts is it must be done so that it does not in any way, derogate from the capability of the courts to apply the common law," he added.

Mr Justice Power told the gathering that progress in the use of Chinese in courts is as follows:

At present, over 60 per cent of cases were heard in Chinese in the Magistrates' court while over 90 per cent were heard in Chinese in the Labour and Small Claims Tribunals.

Since Chinese was authorised to be used in the District Court in February last year, 549 cases had been conducted in Chinese.

Appeals from the Magistrates' courts, the Labour and Small Claims Tribunals were allowed to be conducted in Chinese since December 1 last year. Eight magistracy appeals were set down for hearing on January 24.

In the High Court civil jurisdiction, five cases have already been heard and four criminal appeals have been set down for hearing in Chinese in the Court of Appeal on February 4.

Delay has occurred as regards jury trials in Chinese as the Jury Ordinance must be amended before this can proceed. Steps are now being taken by the administration to amend that ordinance.