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Legal Aid Appeal Hearing
Some legal aid lawyers observed that on some occasions, a different Master was assigned to hear a legal aid appeal upon adjournment of the hearing. It was hoped that the same Master would take up the resumed hearing.
The current arrangement according to the Registrar of the High Court, is as follows -
| (a) |
it is almost an invariable rule that a part-heard case must be adjourned to a date to be fixed before the same Master and only in special circumstances the rule is not followed;
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| (b) |
legal aid appeal cases are usually first listed before a Master for hearing with 3 to 4 cases in one hour. If a case can be argued within the 20-minute slot the matter will be dealt with immediately. If a case requires more than 20 minutes, the Master usually makes an estimation of the time required and when the case is called he will indicate to the parties that the matter should be adjourned. In such an event it should not be considered as a part-heard case;
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| (c) |
sometimes, the parties assure the Master that the hearing can be finished within the time slot of 20 minutes, then the Master proceeds to hearing and later finds that the case needs much longer time. The case is then adjourned. The Master will make an order expressly stating that the case is adjourned to a date to be fixed before him;
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| (d) |
on very rare occasions part-heard cases are adjourned to another Master; it is usually done with the consent of parties in order to avoid delay. For example, the Master has heard some preliminary arguments, say, for 10 or 15 minutes and found that it is not possible to finish the case within the time slot. Then, he adjourns it. It may take much longer time to fix the hearing date before a particular Master who may have other commitments during the interim period. The Master then consults the parties whether they wish to fix the hearing before him or any Master. If it is the latter they have the chance of obtaining an earlier date but the party who has opened his case might have to start all over again before another Master. In such case the consent of the parties has to be obtained; otherwise, it will be listed before the same Master; and
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| (e) |
if the Master has not heard any argument but simply has read the papers and has given some directions, this should not be taken as part-heard. The parties should not have any objection in adjourning it before any Master, which may mean an earlier appointment. |
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