TNAG-1589-FCO40-21741-Future-of-the-judiciary-in-Hong-Kong.-Part-1-of-2-1987 — Page 144

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CHAPTER III

MANNING THE JUDICIARY

This chapter's purpose is to expose the problems of manning the Judiciary and propose solutions to them. It also touches generally on resource acquisition. These are some of the questions that arise: How is the number of judges established? Should it be questioned? Are there too few or too many? How are increases justified? Need they be justified? Before an increase is considered should better deployment be attempted? To what extent should deputies and part-timers be used? Is there a means of measuring output? Can output be assessed against some standard of productivity? Arc the forecasting and forward planning systems reliable? What degree of fluctuation in waiting time is tolerable? Who is responsible for settling the Judiciary's demands? When the number of judges has been settled how are they to be assigned? Who is accountable for the use of the Judiciary's resources?

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Whilst few would dispute the desirability of good housekeeping there are some who are inclined to doubt the need to give resource management a high priority. It has been suggested that because the cost to the Judiciary of judicial time in the higher courts is less than the lawyers' aggregated costs the cost of the deployment of judges is of secondary importance. This is sometimes a proper consideration for determining the course of a particular case but is an impossible principle upon which to found the general resourcing of a judicial system or reassure the rest of the community about its price. There is also a hint that since the Government of Hong Kong is better off than many other governments the resource problems need not be addressed too astutely..

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That is a very unconvincing argument. There is an absolute requirement for sound governmental financial management. There is always a cycle of good times and bad times and the competicion for public funds is always greater in bad times. Spending departments do not look kindly on any of their number who are not managing adequately.

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