TNAG-1589-FCO40-21741-Future-of-the-judiciary-in-Hong-Kong.-Part-1-of-2-1987 — Page 149

In the responses it is said that there is much work to be done out of court, that time spent in preparation out of court saves court-time and that the number of hours spent in open court or as judge in chambers is not a sufficient measurement of a judge's work. Of course judges have

duties, in varying amounts depending on the nature of their work, at

their desks, for which they should be given credit. Nevertheless, the

working day is some hours longer than five hours so some hours are

available every day for some desk-work as well as five hours in court

or as judge in chambers. Further, five hours is the maximum. I am suggesting an aim and not average of five hours. The courtroom should be open for five hours and the system should do its best to fill it but

not overfill it. It follows that judges will work less than five hours

on average. Nor am I seeking to deny that from time to time the

demands of the desk may be so important that 2 judge should ask his

presider whether he might be spared from the lists for a day.

Deliberately to sit short days is to add considerably to the costs of

the litigating parties in refresher fees and of the taxpayer generally.

On this subject there are also comments in my cpening Submission about

the large unseen volume of judicial work.

14.

Sittings in the

The tables annexed to this Report show that the Judiciary is

some way from achieving the five-hour day. Averages over four hours

are attained only by the Magistrates and the Coroners.

District Court are at an average of 2.73 hours. If twenty District

Judges could be enabled to sit one productive hour longer every day the

extra for a 200-day year would be 4,000 hours. If the bench-year is

200 days and the maximum day five hours an irreducible minimum saving

of four judges is achieved. If twenty High Court Judges could be

enabled to sit another half-hour a day the additional time provided

would be 20 x x 180 1,800 hours a year the equivalent of two

judges. Similar although lesser possibilities apply throughout the

judicial system. Averages anywhere of even an extra 10 minutes a day

would make a highly significant difference.

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