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Findings of Investigation into Small Claims Tribunal Hearing

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The following is issued on behalf of the Judiciary:

The Judiciary today (August 19) released the findings of the investigation by the Chief Magistrate, Mr. Patrick Li, into the alleged exclusion of the press during a call-over hearing of the Small Claims Tribunal on July 31, 2002.

The Chief Magistrate, who has completed the investigation, found that during the earlier part of the hearing, the parties were unable to agree on the amount of compensation after considerable discussion. However, they were very eager to settle.

In order to facilitate settlement, the Adjudicator preferred the parties to continue negotiations in private. On the instruction of the Adjudicator, the Tribunal Officer invited the press to leave the court for the time being to enable both parties to negotiate further. The press left and waited outside the court. The hearing later resumed and the parties finally reached a settlement.

"While the intention was to encourage settlement, the exclusion of the press was inappropriate. All court hearings are open to public and the press has a right to be present," the Chief Magistrate said.

"The Adjudicator concerned in this case have been reminded by me of the fundamental importance of the principles of open justice."

"To avoid similar incidents in future, the Judiciary will also look into the possibility of making more facilities available for parties to negotiate in private," he added.

End/Monday, August 19, 2002

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