TNAG-1589-FCO40-21741-Future-of-the-judiciary-in-Hong-Kong.-Part-1-of-2-1987 — Page 164

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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21.

16

Le

h

Meetings of Listing Officers

It does listing officers good to get together and discuss common problems. When they do solutions, improved perspectives and new I recommend such reetings from time to time

priorities come to light. (say once a year) with

management.

SOME participation by the Bench

and by

19

22.

a

3

Listing Systems

I think there have been hopes that I would propose new listing systems. That would need a special study of its own. There are already several good systems in operation and others that could be improved. There may be some in need of radical change. What is needed before the systems are reviewed is control. Even good systems will not work without it. The very nature of mankind prevents systems entirely dependent on purely voluntary co-operation from succeeding. It is for the presiding judge on the advice of the court administrator and listing officer (and in the High Court of the Masters) and in consultation with the judges and the legal profession to settle the system but have it kept under review. It is for the administration to operate and monitor it and to advise the presiding judge.

23.

court

The primary task is to decide the aims of the system. Each complex will have different aims.

In courts of summary jurisdiction expedition may require great emphasis whilst in the superior courts readiness for trial takes high priority. What is a proper waiting time? This varies from court to court and between types of case. How should priorities be arranged? What types of case are more urgent than others? To what extent should the convenience of counsel be considered? To what extent should either the instructing solicitor or the client's wish to retain a particular counsel be heeded? Do the answers to these questions vary according to the type of case? · When will a reasonable choice of counsel rather than the counsel of first choice suffice?

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