TNAG-1589-FCO40-21741-Future-of-the-judiciary-in-Hong-Kong.-Part-1-of-2-1987 — Page 146

each

administrator at

court or

tribunal submits a draft annual bid to the

presider;

-y

(a)

the chief

of

:0

.t

(b)

?

(c)

n

At

AL

(a)

(c)

the presider takes the views of the other

Judges and discusses the bid with the

administrator;

the administrator ɛends the final bid to the

Judiciary Administrator;

the Judiciary Administrator discusses the

bid from each court with its administrator;

the Judiciary Administrator settles the

bid after

Judiciary's total annual

consultation

with the Chief Justice and

submits it to the Finance Branch.

in

TO

ኮሰ

AI

1

7.

That model programme is designed with bcth constitutional

propriety and efficiency in mind. It places the functions of resource

procurement and resource administration where they belong, which is

with the administration, and leaves it clear for the Judiciary

Administrator to be held accountable to the Legislative Council and the

Government for the Judiciary's resources. It leaves policy where it

belongs which is with the Chief Justice. I do not myself see any way

in which the Chief Justice could function as the accounting officer.

It is better that he detach himself from direct participation in the

process. If he decided the bid and could not be accountable who would

be accountable? Surely not the Judiciary Administrator lacking the

power to decide the bid himself. This model puts the Chief Justice in

a position to consult the Presiders and the Judiciary Administrator

throughout the process.

8.

It leaves with the Chief Justice the right and the duty to

make the Judiciary's policy. The sort of resource policy question

about which the Chief Justice will wish to make up his mind will be

about waiting times and the public interest. What is the optimum

waiting time for each class of criminal, civil and tribunal business?

Which should go through with the minimum delay? In which does a lapse

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