TNAG-1731-FCO40-2444-Minutes-and-Hansards-of-the-Legislative-Council-of-Hong-Kong-1988 — Page 223

3

вс

cap

Sir,

The

The Bill also makes two other changes.

First, it

amends the Small Claims Tribunal Ordinance (Chapter 338) and the

Labour Tribunal Ordinance (Chapter 25 so as to make it clear that no appeal lies to the Court of Appeal from a refusal by the High Court to grant leave to appeal to itself from the Labour Tribunal or the Small Claims Tribunal. This brings the position

in these Tribunals into line with what it is under the general principles that apply elsewhere.

That

Finally, clause 4(a) of the Bill provides for the

repeal of section 46 of the District Court Ordinance.

section, which can trace its ancestry back to a provision

relating to small debts which was first enacted in Hong Kong in 1845, prevents persons under the age of 21 from relying on the common law defences available to minors when they are sued for

debt or other liabilities. In its Report on young Persons -

Effects of Age in Civil Law in 1986, the Law Reform Commission

section 46. recommended the repeal of (S.46) However, since the publication

of this bill the Government has decided to look again at the question whether this is the right time and vehicle for the

implementation of this recommendation, and it is likely that the Government will be proposing amendments to clause 4(a) at a later

stage.

adjourned.

Sir, I move that the debate on this motion be now

Question on adjournment proposed, put and agreed to.