Press Release

 

 

LC: Chief Secretary for Administration's speech in moving second reading of District Court (Amendment) Bill 1999

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Following is the speech by the Chief Secretary for Administration, Mrs Anson Chan, in moving the second reading of the District Court (Amendment) Bill 1999 in the Legislative Council today (Wednesday):

Madam President:

I move that the District Court (Amendment) Bill be read the second time.

The main objective of the Bill is to increase the financial jurisdictional limits of the District Court. It is proposed that the financial jurisdictional limits for general civil cases be increased from $120,000 to $600,000, the limits for cases concerning title to land and recovery of land be raised to a rateable value of $240,000. For equity jurisdiction, it is proposed that the financial jurisdictional limits be raised to $600,000 and to $3,000,000 where land is involved. Our objective is to lower the cost of litigation to enhance access to the judicial system.

We have taken into account inflation, and other factors, when drawing up the proposed limits. For example, we have taken into account the transfer of about 10,000 less complex cases of the Small Claims Tribunal following the increase of the Tribunal's jurisdictional limit from $15,000 to $50,000. To ensure that the District Court would be able to cope with the proposed increase to the various jurisdictional limits without affecting service in terms of court waiting time for cases to be heard, the Chief Justice has tasked a working group to examine possible procedural changes having regard to modern trends and judicial practices. Any legislative changes considered necessary will be introduced in the context of the revision of the District Court civil procedural rules.

It is our intention to further increase the general jurisdictional limit to $1 million in two years' time, subject to the outcome of a review. In this connection, the Judiciary expect to complete a review in two years' time to consider the impact on demand for court services from the current proposal, assess the pattern in cost of litigation and the resource implications on the judiciary in the light of the actual increase in caseload and to recruit and develop qualified judges and judicial officers to cope with likely increases in caseload and maintain quality.

The increase in the jurisdictional limit of the District Court, will likely lead to additional judicial work for the Registrar of the District Court. Clauses 3, 6, 32, 34 and 39 therefore better define the role, functions and power of the Registrar of the District Court and adds a section for the protection of the Registrar. It is the intention of the Judiciary to fill the post of the Registrar with a legally qualified officer upon the enactment of the amendment Bill.

Clause 22 provides for a revised code for transfer of proceedings between the Court of First Instance and the District Court. In particular, new section 44 provides that the Court of First Instance may where appropriate require the transfer to the District Court of proceedings within the District Court's jurisdiction which have been commenced in the Court of First Instance. That clause also contains a new section providing for the transfer to the Court of First Instance of cases inappropriately commenced in the District Court. We have also taken the opportunity to adapt some terms in the District Court Ordinance to reflect changes to court names after the Reunification.

Madam President, this Bill seeks to improve the operation of the District court and enable more litigants to commence proceedings in the District Court. Such measures should make our judicial system more accessible to members of the public. I commend it to this Council for early passage into law. Thank you.

End/Wednesday, October 13, 1999

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