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The following is issued on behalf of the Judiciary:

Our system of family law litigation is too narrow, too much a contest of who wins and who loses, to provide a service that truly meets the needs of divorcing couples.

The Hon Mr. Justice Michael Hartmann, Judge of the Court of First Instance of the High Court, said today (Friday) when addressing the opening ceremony of Hong Kong Family Welfare Society Hong Kong Eastern (Healthy Village) Centre.

Mr. Justice Hartmann said that was why alternate forms of dispute resolution must play an increasing role in our system of justice and in that regard, the Judiciary was about to embark on a three-year pilot scheme in order to promote mediation as a less hurtful, more constructive way of resolving divorce disputes.

Mr. Justice Hartmann said: "Twenty years ago there were less than a thousand divorce cases processed through our courts each year. Essentially, the Family Court was a 'Saturday morning' court. Today, we are approaching fifteen thousand divorce-related cases a year and we need six full-time family judges.

"These figures speak for themselves. They tell us of the price that is often paid," the judge said.

Mr. Justice Hartmann mentioned that over the span of the past 50 years, Hong Kong had undergone momentous changes. Today Hong Kong had become a cosmopolitan community that was envied around the world. People still talked of the ambition and drive of Hong Kong people; how tough they were, how they adapted to change.

"But the struggle to foster a caring, emotionally well-balanced community has not fallen away with Hong Kong's increased wealth, far from it," he said.

Mr. Justice Hartmann noted that it stood to the credit of Government that, in these difficult economic times, it had produced sufficient funds to underpin the pilot scheme.

"But in order to provide mediation there must first be mediators. And in that regard, the Society would be playing a central role in the pilot scheme.

"I understand that the Society introduced its divorce mediation service in 1997 with the aim of helping couples facing divorce or separation to handle their disputes rationally and hopefully, amicably so that they can reach a settlement which is acceptable to both parties and will enable them in the years ahead to continue to co-operate in the care of their children," said Mr. Justice Hartmann.

Mr. Justice Hartmann said that mediation was new to Hong Kong ...... but it has not been an easy road to reach even this beginning of a new mindset, a new approach in family law matters.

Mr. Justice Hartmann stressed that making the benefits of mediation known to the general public and educating them on its benefits were of great importance.

"In this regard, the Society has played-and continues to play-a leading role," he added.

The Hong Kong Family Welfare Society has 25 centres throughout Hong Kong, offering a broad variety of services to families and individuals in need. That work covers such areas as counselling for troubled couples, emergency foster care, home help services and family education and offering guidance to school students.

End/Friday, November 26, 1999

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