TNAG-1100-FCO40-1350-Law-revision-and-the-administration-of-justice-in-Hong-Kong-1981 — Page 6

RESTRICTED

For discussion

on 24th November 1981

XCR(81)285 Copy No

MEMORANDUM FOR EXECUTIVE COUNCH

33

HKK 3706

opa

RESIVES ALGARY NO. $1 2 0 NOV 1981

ADMINISTRATION OF JUSTICE (MISCELLANEOUS AMENDMENTS) BILL 1981 C

INDEX

Annexed for the consideration of Members is the Administration

of Justice (Miscellaneous Amendments) Bill 1981.

NY

A 20/4

2

(a)

(b)

(c)

The principal purposes of the Bill are

to increase the financial limits of the jurisdiction of the District Court and the Small Claims Tribunal;

to confer on the District Court additional jurisdiction relating to cause in the fields of merchant shipping, matrimonial causes, proceedings and property, legitimacy and adoption; and

to provide an additional appeal in labour matters and small claims to the Court of Appeal.

Background

3

On the 7th March 1980, a working party, consisting of members drawn from the various branches of the legal profession, reported to the Chief Justice on the matters featured in this Bill. The Chief Justice has considered this report and, except that the amount mentioned in section 22(1B) of the Estate Duty Ordinance should be $200, 000 and not $300,000 and that the jurisdiction under section 35 of the District Court Ordinance should be $30,000 and not $40,000, the recommendations of the working party were accepted and are embodied in this Bill.

4

The increases in the financial limits of jurisdiction are justified on the basis of a fall in the value of money and the saving in costs resulting in allowing more disputes to be heard in the lower courts,

5

The transfer of the jurisdiction to hear the additional causes to the District Court is justified on the grounds of saving costs and time, convenience and relieving the burden on the High Court.

Proposed Amendments

6

The provisions of the Bill are explained in detail in the Explanatory

Memorandum.

G.S. 84

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