TNAG-1589-FCO40-21741-Future-of-the-judiciary-in-Hong-Kong.-Part-1-of-2-1987 — Page 145

4.

The kind of points the Government Secretariat can properly

put to the Judiciary are these: "We fully accept the principle of

independence and the importance of providing sufficient resources to

enable the Judiciary to dispose of cases within reasonable times. But

are you sure the listing systems are as good as they can be? Is the

listing firm enough? What is the average length of your judgė-day?

Cannot more be done to reduce poor preparation and estimating and the

consequential loss of judicial time?

What are your systems for

If it can then be shown in

ensuring the optimum use of resources?"

answer that the systems are sound and reasonably well applied, that

they aim at an average appropriate use of judicial time, that whatever

average is being attained is, for express reasons, the best that be

achieved and that cther possible methods are not practical the

Judiciary is well on the way to making out a. case for either

maintaining or enlarging the establishment. Deeper questions will

sometimes arise: "Need such-and-such a piece of work be done at all?

If so should the Judiciary or someone else be doing it?" These would

need consideration outside as well as inside the Judiciary.

5.

•

The Government, on behalf of the Legislature and the

taxpayer, is as obliged to look for value for money in the Judiciary as

elsewhere. The corollary is that the Judiciary can very much more

easily satisfy the Government if it uses sound systems for assessing

needs and for maximising the use of resources.

And where the

Judiciary's judgment is that it ought to insist against opposition on

an increase it will be on much firmer ground if it uses such systems.

In my own experience the importance of that aspect can be crucial.

Sound resource management far from making a judiciary vulnerable gives

it a strong negotiating base.

6.

This suggested programme for obtaining resources indicates

the principles to be followed in obtaining judicial manpower for all

courts and tribunals :-

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