TNAG-1209-FCO40-1512-Administration-of-justice-in-Hong-Kong-1982 — Page 5

HONG KONG

LEGAL REPORT

THE ADMINISTRATION OF JUSTICE (MISCELLANEOUS

AMENDMENTS) ORDINANCE 1981

(No. 79 of 1981)

Enclosure No 2

:

1

In 1980, the Chief Justice appointed a working party to consider the extent, if any, to which, firstly, the civil business and auxiliary jurisdiction of the Supreme Court should be transferred to the District Court; and, secondly, the jurisdiction of the Small Claims Tribunal should be altered. The working party reported in March this year and this Ordinance gives effect to its recommendations, subject to some modification proposed by the Chief Justice.

2. The main objects of this Ordinance are -

(a)

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

(b) to confer on the District Court additional juris-

diction relating to cause in the fields of merchant shipping, matrimonial causes, proceedings and property, legitimacy and adoption; and

(c)

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

3. Section 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. Section 2(2) and (3)(b) by enabling the limits to be amended in future by resolution of the Legislative Council will facilitate amendment. Section 2(3)(a) provides for the rate of interest on judgment debts to be fixed by the Chief Justice, so that they can reflect in some degree changing market rates.

4. Section 3 makes consequential amendments to the provisions mentioned in the Second Schedule by tying the amounts concerned to the sums mentioned in the District Court Ordinance; this will avoid the multiplicity of amendments previously required.

5. Section 4 transfers the jurisdiction in appeals in cases involving the registration of seamen from a judge of the High Court to a judge of the District Court.

6. Section 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. Sections 7 and 8 make similar provisions in relation to proceedings under the Matrimonial Proceedings and Property Ordinance and under the Adoption Ordinance.