TNAG-1734-FCO40-2447-Minutes-and-Hansards-of-the-Legislative-Council-of-Hong-Kong-1988 — Page 251

ADMINISTRATION OF JUSTICE (MISCELLANEOUS AMENDMENTS) BILL 1988

Resumption of debate on Second Reading (18 May 1988)

Question proposed.

DR. IP:

Sir

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I rise to support the Administration of Justice

(Miscellaneous Amendments) Bill 1988 to increase the

jurisdiction of the Small Claims Tribunal to $15,000 and that

of the District Court in civil matters to $120,000. These two

amendments serve to reduce the costs the public have to bear when seeking justice.

Legislative

Council

During the deliberation of the CegCo Working Group to study the Small Claims Tribunal (Amendment) Bill 1986 which I

convened, I had already pointed out that the limits of

jurisdiction of the Small Claims Tribunal should be adjusted

upwards when the need arises. It was obvious then that the

Small Claims Tribunal has a great deal to offer the public because it provides a much cheaper legal procedure for disputes to be dealt with. The reason is twofold. Firstly, legal representation is not required and so more members of the

public can resort to a judicial process and yet not having to

pay expensive legal fees. Secondly, the provision of services by the Tribunal is cost-effective from the taxpayers' point of view since the average cost per case heard in the Tribunal is which is small in the region of a few hundred dollars.

le

11/in

Without the proposed amendments in the Bill before

Council, claims between $8,000 to $15,000 have either to be

artificially adjusted downwards in order to accommodate with the jurisdiction of the Small Claims Tribunal OR pursued in the District Courts. However, we all know too well that in the

latter case the legal fees will simply wipe out the amount claimed right away. In any case, both of these actions deter

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