TNAG-1100-FCO40-1350-Law-revision-and-the-administration-of-justice-in-Hong-Kong-1981 — Page 7

G.S. 84

RESTRICTED

XCR (81) 285

7

Clause 2(1) increases the financial limits of the jurisdiction of the District Court and the Small Claims Tribunal by amending the relevant sections of the Ordinances mentioned in the First Schedule. Clause 2(2) and (3)(b) allow the amounts to be amended in future by resolution of the Legislative Council. Clause 2(3)(a) provides for the rate of interest on judgment debts to be fixed by the Chief Justice.

8

Clause 3 makes consequential amendments to the provisions mentioned in the Second Schedule by tying the amounts concerned to the sums mentioned in the District Courts Ordinance. In this way, when, in future, the jurisdiction of the District Court is altered, the jurisdiction under the provisions mentioned in the Second Schedule will follow suit without the need to amend these provisions.

9

Clause 4 transfers the jurisdiction relating to appeals in registration of seamen cases from a judge of the High Court to a judge of the District Court.

10

Clause 5 provides that, subject to rules relating to the transfer of proceedings and the variation of existing orders, proceedings under the Matrimonial Causes Ordinance shall be commenced in the District Court. Clauses 7 and 8 make similar provisions in relation to proceedings under the Matrimonial Proceedings and Property Ordinance and under the Adoption Ordinance.

11

Clause 6 gives the District Court jurisdiction in matters under the Legitimacy Ordinance.

12

Clauses 9 and 10 make provision for appeals under the Labour Tribunal Ordinance and the Small Claims Tribunal Ordinance to be heard, in the first instance, by the High Court with an appeal to the Court of Appeal on questions of law of general public importance.

13

Certain minor and miscellaneous amendments are made by

clause 11 and the Third Schedule.

14

Clause 12 makes transitional provisions.

Consultation

15

The Director of Administration and Management Services, the Director of Social Welfare, and the various branches of the legal profession, through the working party, have been consulted and support the proposals.

RESTRICTED