TNAG-1589-FCO40-21741-Future-of-the-judiciary-in-Hong-Kong.-Part-1-of-2-1987 — Page 165

24.

How can the aims be achieved?

Are there some types of case

(e.g. an adult defendant on bail) in which the listing officer may have greater discretion than in others.

25.

How can the flow of reliable information be improved?

is perhaps the most important question of all.

This

Listing officers are

Any information relevant to the likely The system must include facilities for

not gifted with second sight.

course of a case is valuable. getting the greatest possible amount of information to the listing officer in time for him to use it. Forms can be devised for completion

by solicitors and counsel and the listing officer can keep in touch with solicitors. This is one of the subjects for consultation with the Bar and the Law Society and with the Duty Lawyer Scheme, the Legal Aid

Department and the Legal Department.

26.

The system should be continually monitored and it should always be open for discussion with the legal profession. A recent experiment with modified warned lists in the District Court is illustration of this. It had a mixed reaction but it was partially

successful and might well be built upon after further consultation.

an

27.

There is a strong preference for fixed days in Hong Kong

which in part arises because of the international flavour of much of

the litigation. Naturally enough it suits busy practitioners and

others. It is a desirable, and in many cases, necessary practice but

it can

be carried to the point at which it leaves too many of the

Judiciary's resources unused. There is work to be done on improving

the warned lists, running lists and floating lists. If they can be

better controlled and if the listing officers can be better informed

those lists will become more reliable and the course of cases through

the system will be more predictable. If that can be achieved those

lists will be more attractive. The lawyers might perceive that there

are advantages for them in putting the work through the courts

predictable and steady stream. There might be advantage in giving some

cases a fixed week rather than day and in fixing the day as the week

draws nearer and events become more predictable. The whole flow of

- 57 -

-

Page 165Page 166

ise

.ve

ཟ

is