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Following is the speech (translated from Chinese) by the Chief Secretary for Administration, Mrs Carrie Lam, in moving proposed resolution under the Criminal Procedure Ordinance (Cap. 221) for Criminal Procedure (Witnesses' Allowances) (Amendment) Rules 2015 in the Legislative Council today (March 18):
Mr President,
I move that the Resolution standing in my name on the Agenda be passed. This motion aims to seek the approval of the Legislative Council for the Criminal Procedure (Witnesses' Allowances) (Amendment) Rules 2015 made by the Criminal Procedure Rules Committee under section 9B of the Criminal Procedure Ordinance.
At present, the maximum allowance payable to ordinary witnesses in criminal proceedings is $410 for each day of attendance or $205 for not exceeding four hours of attendance. The maximum allowance for professional or expert witnesses is higher, at $2,355 for each day of attendance or $1,175 for not exceeding four hours of attendance.
Under the adjustment mechanism approved by the Finance Committee of the Legislative Council, changes to the rate of allowance for ordinary witnesses would be made in accordance with the movements in the Median Monthly Employment Earnings of Employees (MMEE) in Hong Kong while those for professional or expert witnesses would be made in accordance with the changes in the mid-point salary of a Government Medical and Health Officer. The Finance Committee also delegated the authority to approve the relevant adjustments to the Secretary for Financial Services and the Treasury (SFST).
The existing rates of allowances were set in 2013 based on the biennial review conducted in 2012. The Judiciary Administration (JA) reviewed the rates of allowances in 2014. Taking into account the movements in the MMEE and the mid-point salary of a Government Medical and Health Officer from the second quarter of 2012 to the third quarter of 2014 as at December 2014, the JA proposed and SFST approved to increase the maximum rate of allowance for ordinary witnesses from $410 to $445 for each day of attendance and from $205 to $220 for not exceeding four hours of attendance. For professional or expert witnesses, the maximum rate of allowance would be increased from $2,355 to $2,415 for each day of attendance and from $1,175 to $1,205 for not exceeding four hours of attendance. These adjustments aim to maintain the real value of the rates of allowances to minimise any financial loss suffered by members of the public testifying as witnesses in courts.
The Criminal Procedure (Witnesses' Allowances) (Amendment) Rules 2015 seeks to implement the new rates of allowances. I invite Members to approve the Resolution. Thank you.
Ends/Wednesday, March 18, 2015
Issued at HKT 16:24
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