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Following is the speech by the Chief Secretary for Administration, Mr Donald Tsang, at the Legislative Council meeting today (June 13) to move the second reading of the Hong Kong Court of Final Appeal (Amendment) Bill 2001:

Madam President,

I move that the Hong Kong Court of Final Appeal (Amendment) Bill 2001 be read the second time.

The Bill seeks to enable certain civil appeals to go direct from the Court of First Instance to the Court of Final Appeal, leapfrogging the Court of Appeal.

The leapfrog arrangement would speed up the litigation process and save costs. Under our proposal, an appeal may be brought direct to the Court of Final Appeal if two conditions are satisfied, first, the trial judge of the Court of First Instance making the decision against which an appeal is to be made has issued a leapfrog certificate; and second, the Court of Final Appeal has granted leave to appeal.

The trial judge of the Court of First Instance may issue a leapfrog certificate if he considers that a sufficient case for appeal to the Court of Final Appeal has been made out and all parties to the proceedings consent to the grant of a certificate. The trial judge should also be satisfied that the point of law in the case is of great general and public importance.

Once a trial judge has issued a leapfrog certificate, any party to the proceedings may apply to the Appeal Committee of the Court of Final Appeal for leave. Once the Appeal Committee has granted leave, the relevant appeal will rest with the Court of Final Appeal.

Details of the leapfrog mechanism are set out in the Bill itself. I commend the Bill to Honourable Members.

End/Wednesday, June 13, 2001

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