38.
Are these arguments sufficiently cogent to justify a merger of the work of two busy courts one now having exclusive civil and the
other exclusive criminal jurisdiction? Effectiveness and better
performance might be brought about by other means.
Hong Kong's small
size mitigates the problem of accessibility. The savings would not be large. The argument about Magistrates' job-satisfaction has weight if there is a balance of advantage; otherwise a contrary public interest
might outweigh it, important though judicial morale is. In numerical terms the impact of trial work on the average Magistrate would be small. There were 652 trials in the first ten months of this year. Sixty Magistrates would gain little in the way of variety and few of them could develop expertise.
39.
There may be disadvantages in merging the two courts: there would be a risk that the underlying principles of the small claims procedure would be eroded by a strengthening of an already existing tendency in the Tribunal itself towards formality; a requirement to conduct most of the proceedings in Cantonese would constrain the listing of both criminal and civil business; without that requirement documents would have to be translated or interpretation provided; and civil litigants might be deterred from attending the Magistracies with their associations with the criminal classes.
40.
In the light of these considerations I do not recommend any early change in the structure or place in the hierarchy of the Small Claims Tribunal. What is needed now is attention to its functions. is in considerable demand as the following statistics show :-
It
No. of cases filed
No. of cases disposed of
1983 1984 30,037 31,402 ,29,704
1985 32,681
1986 (Jan-Oct)
30,322
バ
31,163 ::::22,819 Florid
* paduen
!
27,193 ·
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