far as I can see, it is not fear that keeps people away from the court so much as unfamiliarity with technically administered justice and reluctance to become involved with professional lawyers.
41. Through the courtesy and co-operation of the Registrar of the Supreme Court, the Registrar at the Kowloon District Court, and the District Judge, I was able to collect some information on recourse to the Fanling District Court (which covers most of the New Territories) since its establishment. From 27 Sept. 1961 to 19 April 1963, 1,741 cases were heard (436 in 1961, 1,179 in 1962, and 126 in 1963). The cases can be seen to fall mainly into four classes: 'goods', 'loans', 'possession', and 'dishonoured cheques'. In round figures the 'goods' cases amount to 280, 'loans' cases to 1,170, 'possession' cases to 70, and cases of 'dishonoured cheques' to 60. The 'loans' cases, which account so heavily for the business of the court, owe their great number to the activity of the Director of Agriculture and Forestry in claiming his due. It is the 'possession' cases which bring us into the traditional field of New Territories disputes: land. But in fact these cases seem to be largely about tenancies held by immigrants, the terms on which land is to be let for vegetable-growing and poultry-keeping (particularly with respect to the termination of leases) not yet having become standardised to the point where there is a generally recognised custom. The only other classes of cases where numbers rise to any significant degree are 'rent' (18 cases), 'wages' (29), 'wages in lieu of notice' (24), and 'tax' (16). So that, on the whole, the business of the court appears to be largely bound up with the relations between government and individuals and between long-settled residents and outsiders with whom they have become commercially engaged. Matters touching 'Chinese law and custom' have hardly yet reached the court. The extent to which lawyers were involved in the cases is worth noting. In 151 cases solicitors acted for plaintiffs; but only 3 defendants were so represented. (There are no solicitors outside the urban area and no sign yet that rural practices may develop).
42. The second question raised at the beginning of paragraph 40 has already been answered in part: so far what has been regarded as falling within the province of 'Chinese law and custom' has barely been in question in the court; but the court is so constituted that if such cases do arise District Officers and other experts can be asked to sit with the judge, and it will be interesting to see whether cases of this kind do arise in the future in any considerable number.
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far as I can see, it is not fear that keeps people away from the court so much as unfamiliarity with technically administered justice and reluctance to become involved with professional lawyers.
41. Through the courtesy and co-operation of the Registrar of the Supreme Court, the Registrar at the Kowloon District Court, and the District Judge, I was able to collect some information on re- course to the Fanling District Court (which covers most of the New Territories) since its establishment. From 27 Sept. 1961 to 19 April 1963, 1,741 cases were heard (436 în 1961, 1,179 in 1962, and 126 in 1963). The cases can be seen to fall mainly into four classes: 'goods', 'loans', 'possession', and 'dishonoured cheques'. In round figures the 'goods' cases amount to 280, 'loans' cases to 1,170, 'possession' cases to 70, and cases of 'dishonoured cheques' to 60. The 'loans' cases, which account so heavily for the business of the court, owe their great number to the activity of the Director of Agriculture and Forestry in claiming his due. It is the 'possession' cases which bring us into the traditional field of New Territories disputes: land. But in fact these cases seem to be largely about tenancies held by immigrants, the terms on which land is to be let for vegetable-growing and poultry-keeping (particularly with respect to the termination of leases) not yet having become standardised to the point where there is a generally recognised custom. The only other classes of cases where numbers rise to any significant degree are 'rent' (18 cases), 'wages' (29), 'wages in lieu of notice' (24), and 'tax' (16). So that, on the whole, the business of the court appears to be largely bound up with the relations between government and individuals and between long-settled residents and outsiders with whom they have become commercially engaged. Matters touching 'Chinese law and custom' have hardly yet reached the court. The extent to which lawyers were involved in the cases is worth noting. In 151 cases solicitors acted for plaintiffs; but only 3 defendants were so represented. (There are no solicitors outside the urban area and no sign yet that rural practices may develop). 42. The second question raised at the beginning of paragraph 40 has already been answered in part: so far what has been regarded as falling within the province of Chinese law and custom' has barely been in question in the court; but the court is so constituted that if such cases do arise District Officers and other experts can be asked to sit with the judge, and it will be interesting to see whether cases of this kind do arise in the future in any considerable number.
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