TNAG-1363-FCO40-1809-Hong-Kong-Hansard-reports-and-minutes-of-the-meetings-of-the-1985 — Page 76

- 2 -

GIVE THE COURT POWER TO REMOVE ANY ARBITRATOR OR UMPIRE ALREADY

APPOINTED TO ACT IN THE VARIOUS ARBITRATION PROCEEDINGS WHICH

THE COURT WISHES TO CONSOLIDATE.

5.

THIS VERY PROBLEM AROSE IN A RECENT HIGH COURT CASE.

ALTHOUGH IT WAS HELD THAT THE COURT DID HAVE THE POWER TO REMOVE

AN EXISTING ARBITRATOR, IT HAD TO IMPLY THAT POWER FROM A LIBERAL

READING OF THE SECTION IN THE ABSENCE OF EXPRESS PROVISION TO

THAT EFFECT. AS A CONSEQUENCE, THE JUDICIARY HAS PROPOSED THAT

THE SECTION BE AMENDED TO PUT BEYOND DOUBT THAT THE COURT'S POWER

UNDER SECTION 6 B(2) OF THE ARBITRATION ORDINANCE TO APPOINT AN

#

ARBITRATOR OR UMPIRE FOR CONSOLIDATED PROCEEDINGS INCLUDES THE POWER

TO REMOVE ANY EXISTING ARBITRATOR OR UMPIRE. HENCE THIS BILL.

!!

7.

SIR, I MOVE THE DEBATE ON THIS BILL BE NOW ADJOURNED.

>