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Following is a question by the Hon Dennis Kwok and a written reply by the Chief Secretary for Administration, Mrs Carrie Lam, in the Legislative Council today (January 9):
Question:
In order to alleviate and lessen the heavy workload faced by judges and to provide more training and work opportunities for young lawyers, a programme (the Programme) has been implemented whereby young lawyers who have completed pupillage or solicitors' traineeships may be appointed to work as Judicial Assistants to provide assistance to judges in researching points of law, analysing and writing memoranda on appeals and applications, preparing memoranda on legal points, as well as assisting in other work of the court. In this connection, will the Government inform this Council if it knows:
(a) the average total number of posts provided under the Programme each year since its implementation, and the respective numbers of applications received and appointments made under the Programme each year;
(b) whether the Judiciary has formally reviewed the effectiveness of the Programme, such as examining what improvements could be made to the Programme to enhance the level and quality of legal assistance provided to individual judges, and assessing whether the Programme has increased the efficiency of the court in handling cases, helped in relieving the workload of judges, and shortened the waiting time for court cases; if it has, of the outcome and the details of the review; if not, the reasons for that; and
(c) whether the Judiciary will consider expanding the scope of the Programme so as to provide better support for individual judges at all levels, and to provide better training and work opportunities for young lawyers, by assigning them to work specifically for individual judges for a given term similar to the judicial clerkship system adopted in the United States and other common law jurisdictions; if it will, of the details of the plan; if not, the reasons for that?
Reply:
President,
The Administration has consulted the Judiciary on the questions raised. The Judiciary has provided the following information:
"In 2010, the Judiciary launched the pilot scheme on Judicial Assistants (the Scheme). The objectives of the Scheme are:
(a) To provide assistance to appellate judges in the Court of Final Appeal and the Court of Appeal of the High Court in conducting research on law points and assisting in other work of the court; and
(b) To enable fresh and bright law graduates who are about to embark upon careers in the legal profession to acquire an insight into the appellate process and to benefit from working with appellate judges, which will be conducive to the development of the legal profession.
Having regard to the operational needs of the appellate judges, it is anticipated that up to six Judicial Assistants may be recruited each year. However, the Judiciary also takes the view that for the Scheme to operate effectively, only fresh and bright law graduates who are found suitable for the job would be recruited.
Having regard to the objectives of the Scheme, it is intended that the Judicial Assistants will normally be recruited for a single one-year term and they will move on to other stages of their legal careers afterwards. Judicial Assistants are therefore engaged on non-civil service contract terms for a period of 12 months. No established posts are required. In the past three years (from 2010 to 2012), the number of applications which had met all the basic requirements (Note) for the position were 34, 12 and 28 respectively. The number of suitable Judicial Assistants appointed were five, three and three respectively.
Judicial Assistants are assigned to work for the appellate judges. They are tasked with research on law points, analysing and writing memoranda on appeals and applications, drafting memoranda on legal points and assisting with other work of the appellate courts. Arrangements may also be made for individual Judicial Assistants to provide direct support to the appellate judges.
The Chief Justice attaches great importance to the Scheme and has personally examined, in consultation with the appellate judges, the effectiveness of the Scheme. The outcome of the review is that the objectives of the Scheme have been met and that the Scheme should continue to operate on its existing terms in the foreseeable future. At present, the Judiciary has no plan to revise the objectives and the scope of the Scheme as it is considered that such Scheme works best in the appellate courts' setting. The Judiciary, however, will keep the Scheme under review."
(Note) The basic requirements are (a) in possession of a Law Degree with Second Class Honours in the upper division or above, or equivalent; (b) in possession of the Postgraduate Certificate in Laws; (c) completion of pupillage or solicitors' traineeship (or will have completed such by summer of the year concerned); and (d) permanent resident of HKSAR.
Ends/Wednesday, January 9, 2013
Issued at HKT 12:18
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