HONG KONG URBAN COUNCIL
The statement was fully recorded in the Chinese language newspapers but not in all the English language newspapers. A copy of the statement is, therefore, placed before Members.
MR. BERNACCHI:- Mr. Chairman, a few supplementaries. Was it just a coincidence that this press release was issued after my question had been received? (Laughter). Before the question was formally asked to-day?
CHAIRMAN:- Sir, I cannot give you an authoritative reply on this point. I believe I am right in saying that this case, as soon as it gained any publicity in the newspapers, exercised the concern of a fairly considerable number of people in the Government Service. Truly, I may say that I myself, when I saw this, I immediately attempted to obtain the file to see if there was anything we in the Urban Services had done or left undone, or anything we could do to help this particular person. I cannot really say, Sir, it is possible that your question may have stimulated the release, but I have a strong feeling the release would have come out anyway.
MR. BERNACCHI: Mr. Chairman, as I read this press release I got the impression that it is not necessary to wait for criminal proceedings against a driver in the Magistracy to be concluded before starting a civil action for negligence. Am I right?
CHAIRMAN: Sir, you are inviting me to skate on thin ice. (Laughter). It has always been the case that by an arrangement, an administrative arrangement, that the Secretary for Chinese Affairs would not normally forward applications to the Registrar of the Supreme Court in respect of injury cases until criminal proceedings had been completed, but I think that point is covered in the reply which is attached.
MR. BERNACCHI:- You are referring perhaps to page 3 of the reply. "The Secretary for Chinese Affairs has meanwhile, and with the agreement of the Registrar of the Supreme Court, advised that his department should not in future wait the outcome of any criminal proceedings before forwarding a case to the Registrar of the Supreme Court for his consideration as to whether or not it may be treated as a pauper application."?
CHAIRMAN:- That is the paragraph to which I am referring, Sir.
MR. BERNACCHI:- Many members of the public do think that it is necessary for criminal proceedings against a driver to be concluded before starting a civil action. My question asks, Sir, whether this is necessary or not. I would on behalf of members of the public like a clear answer on that question, yes, or no?
CHAIRMAN: Sir, you ask me a question of law on which I do not feel competent to express an opinion. I would be glad to see if I could get an opinion for you later on.
HONG KONG URBAN COUNCIL
MR. BERNACCHI:- Could you, Sir, give the information you get in public meeting at the next occasion?
CHAIRMAN: I will be glad to seek permission to that end.
MR. CHEONG-LEEN:- In clarification, Mr. Chairman, on a point in the last paragraph of the statement made by the Director of Information Services. Is it not a virtual admission that mistakes have been made which will now be rectified by process of arbitration?
CHAIRMAN:- Sir, I did not wish to go beyond the release which is in the hands of members, but I feel it speaks for itself, and it is evident that an attempt is being made to help this unfortunate person as far as may be possible.
MR. CHEONG-LEEN:- Sir, I thank you for your reply because your reply also speaks for itself.
MR. BERNACCHI:- I wonder, Sir, if you could make representations to the Director of Information, that in future a press release on such a subject should be made in language that the ordinary man in the street, who is not acquainted with legal phraseology, can understand?
CHAIRMAN: I will be glad to convey your point, Sir, to the Director of Information.
MR. CHEONG-LEEN: Is Mr. BERNACCHI referring to the English language or the Chinese language?
MR. BERNACCHI:- I have only got the English language before me. My motion has not as yet been implemented on a simultaneous translation.
MR. SALES: Surely, Sir, Mr. BERNACCHI is letting the legal side down. If the language could be easily understood there would be no room for lawyers to exercise their profession! (Laughter).
CHAIRMAN:- I must say in defence of this statement, Sir, there are very few words of more than three syllables in it, and, it seems reasonably straightforward and very comprehensive to me.
MR. BERNACCHI:- But it takes three complete pages even in the document that is before us to-day.
CHAIRMAN:- This, Sir, bears out Mr. SALES' statement of the legal profession. (Laughter).
(11) MR. SOLOMON RAFEEK asked the following question:-
When I visited the Lai Chi Kok Kaifong Association together with several other Elected members, the resident nearby
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The statement was fully recorded in the Chinese language newspapers but not in all the English language newspapers. A copy of the statement is, therefore, placed before Members. MR. BERNACCHI:-Mr. Chairman, a few supplementaries. Was it just a coincidence that this press release was issued after my question had been received? (Laughter). Before the question was formally asked to-day?
CHAIRMAN:-Sir, I cannot give you an authoritative reply on this point. I believe I am right in saying that this case, as soon as it gained any publicity in the newspapers, exercised the concern of a fairly con- siderable number of people in the Government Service. Truly, I may say that I myself, when I saw this, I immediately attempted to obtain the file to see if there was anything we in the Urban Services had done or left undone, or anything we could do to help this particular person. I cannot really say, Sir, it is possible that your question may have stimulated the release, but I have a strong feeling the release would have come out any way.
MR. BERNACCHI: Mr. Chairman, as I read this press release I got the impression that it is not necessary to wait for criminal proceedings against a driver in the Magistracy to be concluded. before starting a civil action for negligence. Am I right?
CHAIRMAN: Sir, you are inviting me to skate on thin ice. (Laughter). It has always been the case that by an arrangement, an administrative arrangement, that the Secretary for Chinese Affairs would not normally forward applications to the Registrar of the Supreme Court in respect of injury cases until criminal proceedings had been completed, but I think that point is covered in the reply which is attached.
MR. BERNACCHI:-You are referring perhaps to page 3 of the reply. "The Secretary for Chinese Affairs has meanwhile, and with the agreement of the Registrar of the Supreme Court, advised that his department should not in future wait the outcome of any criminal proceedings before forwarding a case to the Registrar of the Supreme Court for his con- sideration as to whether or not it may be treated as a pauper application."?
CHAIRMAN:-That is the paragraph to which I am referring, Sir.
MR. BERNACCHI:-Many members of the public do think that it is necessary for criminal proceedings against a driver to be concluded before starting a civil action. My question asks, Sir, whether this is necessary or not. I would on behalf of members of the public like a clear answer on that question, yes, or no?
CHAIRMAN: Sir, you ask me a question of law on which I do not feel competent to express an opinion. I would be glad to see if I could get an opinion for you later on.
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MR. BERNACCHI:-Could you Sir, give the information you get in public meeting at the next occasion?
CHAIRMAN: I will be glad to seek permission to that end.
MR. CHEONG-LEEN:-In clarification, Mr. Chairman, on a point in the last paragraph of the statement made by the Director of Information Services. Is it not a virtual admission that mistakes have been made which will now be rectified by process of arbitration?
CHAIRMAN:-Sir, I did not wish to go beyond the release which is in the hands of members, but I feel it speaks for itself, and it is evident that an attempt is being made to help this unfortunate person as far as may be possible.
MR. CHEONG-LEEN:-Sir, I thank you for your reply because your reply also speaks for itself.
MR. BERNACCHI:-I wonder Sir, if you could make representations to the Director of Information, that in future a press release on such a subject should be made in language that the ordinary man in the street, who is not acquainted with legal phraseology, can understand?
CHAIRMAN: I will be glad to convey your point, Sir, to the Director of Information.
MR. CHEONG-LEEN: Is Mr. BERNACCHI referring to the English language or the Chinese language?
MR. BERNACCHI:-I have only got the English language before me. My motion has not as yet been implemented on a simultaneous translation.
MR. SALES: Surely, Sir, Mr. BERNACCHI is letting the legal side down. If the language could be easily understood there would be no room for lawyers to exercise their profession! (Laughter).
CHAIRMAN:-I must say in defence of this statement, Sir, there are very few words of more than three syllables in it, and, it seems rea- sonably straight forward and very comprehensive to me.
MR. BERNACCHI:-But it takes three complete pages even in the document that is before us to-day.
CHAIRMAN:-This, Sir, bears out Mr. SALES' statement of the legal profession. (Laughter).
(11) MR. SOLOMON RAFEEK asked the following question:-
When I visited the Lai Chi Kok Kaifong Association together with several other Elected members, the resident nearby
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