TNAG-0500-FCO40-565-Appointments-of-puisne-judges-in-Hong-Kong-1974 — Page 34

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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A summary of the average time lapse between the committal and trial in 1 and the conclusion of the case and the appeal coming on for hearing at 2, 3 and 4 reveals the following averages :-

Committal to hearing at first instance

in Supreme Court

1. 88 days

2.

135 days

Appeal Supreme Court to Full Court

4.

3. 48 days

54 days

(1)

Appeal District Court to Full Court

Appeal Magistrates Court to Full Court.

The 88 day average time lag between committal and hearing before the Supreme Court would be cut down still further if indictments were filed earlier. There is a very erratic practice in the filing of these indictments at the moment. Some are sent down very swiftly, others take some time to come down.

(2) The reasons for the 135 day time lag between a

Supreme Court verdict and the appeal is largely brought about by

(a) the shorthand note being transcribed; and

(b) by delays on Counsel's part in providing the

Director of Legal Aid with written Opinions on the merits involved in any possible appeal.

The Supreme Court diary is in fact only booked up to the end of February and provided a case whether it be civil or criminal is ready for trial the case can in fact be called on for trial within 2 months.

CIVIL CASES IN THE SUPREME COURT.

Two lists are maintained a running list and a fixed list. Any case put on the running list this month for next month will be called on for trial within six weeks.

The fixed list works towards fixed dates and Counsel's diaries play a part here but dates can be reserved for any case, so that it comes on for trial at any time after six weeks from the present.

DISTRICT COURT

Trials at first instance

Criminal & Civil

There were 71 outstanding criminal cases in the District Courts on 1st January, 1974 and it is anticipated that all these cases will come on for trial during the next three months.

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