Following is the speech (translated from Chinese) by the Chief Secretary for Administration, Mr Matthew Cheung Kin-chung, for the proposed resolution under the Criminal Procedure Ordinance in the Legislative Council today (March 29):
      
Mr President,
 
     I move that the motion under my name, as printed in the  Agenda, be passed.  That is to seek the approval of the Legislative Council for the Criminal Procedure (Witnesses’ Allowances) (Amendment) Rules 2017 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 $445 for each day of attendance or $220 for not exceeding four hours of attendance.  The maximum allowance for professional or expert witnesses is higher, at $2,415 for each day of attendance or $1,205 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 overall 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 2015 based on the biennial review conducted in 2014.  The Judiciary Administration (JA) reviewed the rates of allowances in 2016.  Taking into account the movements in the overall MMEE and the mid-point salary of a Government Medical and Health Officer from the third quarter of 2014 to the third quarter of 2016, the JA proposed and SFST approved to increase the maximum rate of allowance for ordinary witnesses from $445 to $515 for each day of attendance and from $220 to $255 for not exceeding four hours of attendance.  For professional or expert witnesses, the maximum rate of allowance would be increased from $2,415 to $2,770 for each day of attendance and from $1,205 to $1,385 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 2017 seek to implement the new rates of allowances.  I invite Members to approve the Resolution.  Thank you.
     

Ends/Wednesday, March 29, 2017
Issued at HKT 17:01

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