Index page
Controlling
Officer : Judiciary Administrator
Session No. : 8
File name : S-JA-e1.rtf
ReplySerial No. |
Question Serial
No. |
Reply
Serial
No. |
Question Serial
No. |
Reply
Serial
No. |
Question Serial
No. |
S-JA001 |
S008 |
|
|
|
|
|
S031 |
|
|
|
|
|
|
S032 |
|
|
|
|
|
|
SV004 |
|
|
|
|
Replies to supplementary questions
raised by Finance Committee Members in examining the Estimates of Expenditure
2008-09
Controlling
Officer : Judiciary Administrator
Session No. : 8
|
Reply Serial No. |
Question Serial
No. |
Name of Member |
Head
|
Programme |
S-JA001 |
S008 |
Hon LAU Wai-hing, Emily |
80
|
Support Services or Courts' Operation |
|
S031 |
Hon WONG Kwok-hing |
80 |
Courts, Tribunals and Various Statutory Functions |
|
|
S032 |
Hon WONG Kwok-hing |
80 |
Courts, Tribunals and Various Staturory Functions |
|
|
SV004 |
Hon NG Margaret |
80 |
Courts, Tribunals and Various Statutory Functions Support Services or Courts' Operation |
|
|
Examination of Estimates
of Expenditure 2008-09 |
Reply Serial No. |
||
|
|
|
|||
|
|
CONTROLLING OFFICER'S REPLY TO |
|||
|
|
SUPPLEMENTARY QUESTION |
|
||
|
|
|
Question Serial No. |
||
|
Head: |
80 Judiciary |
Subhead (No. & title): |
|
S008 |
|
Programme: |
(2)
Support Services for Courts' Operation |
|
Controlling
Officer: |
Judiciary Administrator |
|
Director
of Bureau: |
Judiciary Administrator |
Question:
Follow-up
on Reply Serial No. JA010
According to paragraph 13 of Head 80, the
Judiciary Administration said the Judiciary will, through the Resource Centre
for Unrepresented Litigants, offer more assistance to these people. Please list the resources being
deployed and whether any additional services will be offered to help the
growing number of unrepresented litigants?
Asked
by: Hon. LAU Wai-hing, Emily
Reply:
To maintain the impartiality
of the Judiciary, the Resource Centre for Unrepresented Litigants does not
provide legal advice. It provides
information and assistance on court rules and procedures in relation to civil
proceedings in the High Court or the District Court except matrimonial, lands,
employees' compensation and probate matters. In 2008-09, the annual provision
for the Resource Centre is $1.8 million with an establishment of five staff.
We will continue to enhance
support to unrepresented litigants in the High Court and District Court through
the Resource Centre. In this connection, a revamped Steering Committee on
Resource Centres for Unrepresented Litigants under the chairmanship of Madam
Justice Chu has been set up by the Chief Justice since 2008 to advise on,
amongst other matters, policy, operational and practical matters related to the
operation of the resource centre for unrepresented litigants in the
Judiciary. The Steering Committee
is now working on the updating of reference materials in preparation for the
implementation of the Civil Justice Reform.
|
Signature |
|
|
Name in block letters |
EMMA LAU |
|
Post Title |
Judiciary Administrator |
|
Date |
11 April 2008 |
|
|
Examination of Estimates of Expenditure 2008-09 |
Reply
Serial No. |
||
|
|
|
|||
|
|
CONTROLLING
OFFICER'S REPLY TO |
|||
|
|
SUPPLEMENTARY QUESTION |
|
||
|
|
Question
Serial No. |
|||
|
Head: |
80
Judiciary |
Subhead (No. & title): |
|
S031 |
|
Programme: |
(1) Courts, Tribunals and Various Statutory Functions |
|
Controlling Officer: |
Judiciary Administrator |
|
Director of Bureau: |
Judiciary Administrator |
Question:
Follow-up on Reply Serial No. JA002
Apart
from the recommendations
made by the Working Group on the Review of the Labour Tribunal in 2004, having
regard to the current
situation that there are cases where Labour Tribunal awards are not enforced and the employees are unable
to recover the arrears of wages, will the Judiciary allocate resources to further review and improve the existing mechanism for the enforcement of Labour Tribunal
awards, by drawing reference to the Labour Tribunal systems in other jurisdictions?
Asked by: Hon. WONG Kwok-hing
Reply:
Many of the recommendations in the Report of the Working Group on the Review of the Labour Tribunal (¡§the Report¡¨) released in 2004 have been implemented by administrative
measures. There
remains a few recommendations which require amendments to
primary and subsidiary legislation for implementation.
The Judiciary has issued drafting instructions for these recommendations and will liaise with the
Administration for their introduction into the Legislative Council.
Since the release of the Report in 2004, the Judiciary is aware that the
Administration has been considering possible measures to improve the existing
mechanism for the enforcement of Labour Tribunal awards. The Judiciary would keep in view any
suggestions from the Administration which may impact on the powers of the
Labour Tribunal in respect of the enforcement of awards made by the Tribunal,
and will give serious consideration to such suggestions as appropriate.
|
Signature |
|
|
Name in block letters |
EMMA LAU |
|
Post Title |
Judiciary Administrator |
|
Date |
11 April 2008 |
|
|
Examination of Estimates
of Expenditure 2008-09 |
Reply Serial No. |
|
||||
|
|
|
|
|||||
|
|
CONTROLLING OFFICER'S REPLY TO |
|
|||||
|
|
SUPPLEMENTARY QUESTION |
|
|
||||
|
|
|
Question Serial No. |
|
||||
|
Head: |
80 Judiciary |
Subhead (No. & title): |
|
S032 |
|
||
|
|
|
||||||
|
Programme: |
(1)
Courts, Tribunals and Various Statutory Functions |
|||||
|
Controlling
Officer: |
Judiciary Administrator |
|||||
|
Director
of Bureau: |
Judiciary Administrator |
|||||
Question:
Follow-up
on Reply Serial No. JA001
In 2006-2007, 6,543 and 6,066 cases were
concluded in the Labour Tribunal respectively. Did the Administration collect
any statistics on the number of awards enforced? If yes, what is the result of
the statistics? If not, will the Administration consider collecting the
statistics for this purpose?
Asked
by: Hon.
WONG Kwok-hing
Reply:
Out
of the 6,543 and 6,066 cases concluded in the Labour Tribunal in 2006 and 2007,
the number of cases where monetary awards were made
(including arrears of wages, wages in lieu of notice, severance payment, etc)
was 5,383 and
4,742 respectively. It should be
noted that as claims generally have multiple items
and in some cases there are more than one claimants, it is difficult to differentiate the cases that are successful or
unsuccessful. For instance, a claimant may succeed in one or two items of a
claim but fail in the others. The above figure only shows the number of awards
for general reference.
As at 7 April 2008, of these 5,383 and 4,742 cases, 2,681 and 2,332 were
cases where the amounts awarded were recovered with
full or partial payment made through the Labour Tribunal respectively. It
should however be noted that as employees and employers may choose to settle
payment of the monetary awards on their own, the Labour Tribunal does not have
available statistics in this regard.
It is understood that the
Administration is considering measures to address the issues related to the
enforcement of the Labour Tribunal awards. The Judiciary would provide comments and inputs to the Administration
on any proposals which may impact on the Judiciary as appropriate.
|
Signature |
|
|
Name in block letters |
EMMA LAU |
|
Post Title |
Judiciary Administrator |
|
Date |
11 April 2008 |
|
|
Examination of Estimates
of Expenditure 2008-09 |
Reply Serial No. |
|
||||
|
|
|
|
|||||
|
|
CONTROLLING OFFICER'S REPLY TO |
|
|||||
|
|
SUPPLEMENTARY QUESTION |
|
|
||||
|
|
|
Question Serial No. |
|
||||
|
Head: |
80 Judiciary |
Subhead (No. & title): |
|
SV004 |
|
||
|
|
|
||||||
|
Programme: |
(1)
Courts, Tribunals and Various Statutory Functions (2)
Support Services for Courts' Operation |
|||||
|
Controlling
Officer: |
Judiciary Administrator |
|||||
|
Director
of Bureau: |
Judiciary Administrator |
|||||
Question:
The
Judiciary was requested to provide the Panel on Administration of Justice and
Legal Services papers on the following subjects:-
(a) Details of the completed or
planned renovation works to improve the setting of the Family Court and make
the facilities more user-friendly; and
(b)Measures to facilitate public understanding of the
changes in rules and practices to be implemented under the Civil Justice
Reform.
Asked
by: Hon. NG
Margaret
Reply:
We are preparing the papers as requested by Members, and will submit them to
the Panel on
Administration of Justice and Legal Services as soon as practicable.
|
Signature |
|
|
Name in block letters |
EMMA LAU |
|
Post Title |
Judiciary Administrator |
|
Date |
11 April 2008 |
Index page
Controlling
Officer : Judiciary Administrator
Session No. : 8
File name : JA-e1.rtf
|
Reply Serial No. |
Question Serial
No. |
Reply Serial No. |
Question Serial
No. |
Reply Serial No. |
Question Serial
No. |
JA001 |
0886 |
1776 |
1781 |
||
|
0887 |
1777 |
2333 |
|||
|
1119 |
1778 |
2334 |
|||
|
1120 |
1779 |
2718 |
|||
|
1775 |
1780 |
|
|
Replies to initial
written questions raised by Finance Committee Members in
Examining the
Estimates of Expenditure 2008-09
Controlling
Officer : Judiciary Administrator
Session No. : 8
|
Reply Serial No. |
Question Serial
No. |
Name of Member |
Head
|
Programme |
JA001 |
0886 |
Hon. KWONG Chi-kin |
80
|
Courts, Tribunals and Various Statutory Functions |
|
0887 |
Hon. KWONG Chi-kin |
80 |
Courts, Tribunals and Various Statutory Functions |
|
|
1119 |
Hon. NG Margaret |
80 |
Courts, Tribunals and Various Statutory Functions |
|
|
1120 |
Hon. NG Margaret |
CWRF 703 |
Courts, Tribunals and Various Statutory Functions |
|
|
1775 |
Hon. LEE Chu-ming, Martin |
80 |
Courts, Tribunals and Various Statutory Functions |
|
|
1776 |
Hon. LEE Chu-ming, Martin |
80 |
Courts, Tribunals and Various Statutory Functions |
|
|
1777 |
Hon. LEE Chu-ming, Martin |
80 |
Courts, Tribunals and Various Statutory Functions |
|
|
1778 |
Hon. LEE Chu-ming, Martin |
80
|
Courts, Tribunals and Various Statutory Functions |
|
|
1779 |
Hon. LEE Chu-ming, Martin |
80 |
Courts, Tribunals and Various Statutory Functions |
|
|
1780 |
Hon. LEE Chu-ming, Martin |
80 |
Support Services for Courts' Operation |
|
|
1781 |
Hon. LEE Chu-ming, Martin |
80 |
Courts, Tribunals and Various Statutory Functions |
|
|
2333 |
Hon. LI Kwok-ying |
80 |
Courts, Tribunals and Various Statutory Functions |
|
|
2334 |
Hon. LI Kwok-ying |
80 |
Courts, Tribunals and Various Statutory Functions |
|
|
2718 |
Hon. EU Yuet-mee, Audrey |
80 |
Courts, Tribunals and Various Statutory Functions Support Services for Courts' Operation |
|
|
Examination of Estimates
of Expenditure 2008-09 |
Reply Serial No. |
||
|
|
|
|||
|
|
CONTROLLING OFFICER'S REPLY TO |
|||
|
|
INITIAL WRITTEN QUESTION |
|
||
|
|
|
Question Serial No. |
||
|
Head: |
80 Judiciary |
Subhead (No. & title): |
|
0886 |
|
|
||||
|
Programme: |
(1)
Courts, Tribunals and Various Statutory Functions |
|
Controlling
Officer: |
Judiciary Administrator |
|
Director
of Bureau: |
Judiciary Administrator |
Question:
(a) The planned waiting time of the Labour Tribunal in 2008 from appointment to filing
of a case is 30 days. However, the waiting times in 2006 and 2007 were only 12 and 10 days
respectively. What is the reason for not considering setting a shorter waiting
time?
(b) The waiting times from appointment to filing of a case in 2006 and 2007 were shorter than the target of 30 days. What was the reason for this?
(c) What were the longest, shortest and average waiting times from first hearing to conclusion in 2006 and 2007?
Asked
by: Hon.
KWONG Chi-kin
Reply:
(a) The existing
target, i.e. an average waiting time of 30 days, from
appointment to filing is not unreasonable having regard to the
fluctuating caseload of the Labour Tribunal. The Tribunal will keep the target under
constant review to see if any revision should be made taking into
account all relevant factors.
(b)
The average waiting
times
from appointment to filing in 2006 and 2007 were shorter than the target of 30
days. It was due to various factors, including
reduced caseloads in recent years.
(c)
In the Labour
Tribunal, there were 6,543 cases and 6,066 cases concluded in 2006 and 2007
respectively, of which 5,834 cases and 5,107 cases were concluded after
hearing correspondingly. Over 90% (i.e. 5,292 and 4,709) of the cases heard
were concluded in less than three months from first hearing to conclusion
whereas less than 1% [i.e. 28 cases (0.5%) and 38 cases (0.7%)] were concluded
in 12 months or more in the respective years.
The
average time taken from first hearing
to conclusion was 24 days in 2006 and 22 days in 2007. The shortest waiting time in 2006 and 2007 was less
than one day, that was, the claims were concluded at the first hearing. The longest time was 2,031
days in 2006 and 1,945 days in 2007. It was mainly because the two cases concerned were adjourned
sine die pending criminal investigation or appeal.
|
Signature |
|
|
Name in block letters |
EMMA
LAU |
|
Post Title |
Judiciary
Administrator |
|
Date |
27
March 2008 |
|
|
Examination of Estimates
of Expenditure 2008-09 |
Reply Serial No. |
||
|
|
|
|||
|
|
CONTROLLING OFFICER'S REPLY TO |
|||
|
|
INITIAL WRITTEN QUESTION |
|
||
|
|
|
Question Serial No. |
||
|
Head: |
80 Judiciary |
Subhead (No. & title): |
|
0887 |
|
|
||||
|
Programme: |
(1)
Courts, Tribunals and Various Statutory Functions |
|
Controlling
Officer: |
Judiciary Administrator |
|
Director
of Bureau: |
Judiciary Administrator |
Question:
The Judiciary carries out enhancements through measures such as improving the listing system, pre-trial reviews and appropriate deployment of
judicial resources. What enhancements have been made in respect of the Labour Tribunal?
Asked
by: Hon.
KWONG Chi-kin
Reply:
(a) Following the
recommendations made by the Working Party on the Review of the Labour Tribunal
in 2004, the number of pre-trial hearings has been reduced to streamline
proceedings. In general, pre-trial hearings are generally dispensed with in
simple claims. For claims that are not simple, there is normally only one such
hearing. Further pre-trial hearings would only be conducted in exceptional
cases involving a large number of parties and documents or complex issues;
(b)
Since
April 2006, claims filed by the same claimant or against the same defendant are
listed for hearing on the same date and in the same court where practicable;
(c)
Appropriate
judicial resources are deployed to enable the Tribunal to meet its waiting time
targets; and
(d)
Since
January 2008, the Tribunal has been relocated from a commercial building to a
renovated law courts building in South Kowloon. The relocated Tribunal provides
better facilities for its users.
|
Signature |
|
|
Name in block letters |
EMMA
LAU |
|
Post Title |
Judiciary
Administrator |
|
Date |
27
March 2008 |
|
|
Examination of Estimates
of Expenditure 2008-09 |
Reply Serial No. |
||
|
|
|
|||
|
|
CONTROLLING OFFICER'S REPLY TO |
|||
|
|
INITIAL WRITTEN QUESTION |
|
||
|
|
|
Question Serial No. |
||
|
Head: |
80 Judiciary |
Subhead (No. & title): |
|
1119 |
|
|
||||
|
Programme: |
(1)
Courts, Tribunals and Various Statutory Functions |
|
Controlling
Officer: |
Judiciary Administrator |
|
Director
of Bureau: |
Judiciary Administrator |
Question:
In
explaining that the target waiting time for compensation cases was exceeded and
that the target waiting times for both summons and charge cases could not be
met, the Judiciary mentioned in both instances that additional ¡§temporary
judicial resources¡¨ were deployed to relieve the problem. Please provide information as to under
which programme such ¡§temporary judicial resources¡¨ were allocated. Also, will any additional resources be
deployed in 2008 for the purpose of dealing with waiting times falling short of
targets? If yes, please give
details as to the use of such provisions.
Asked
by: Hon. NG Margaret
Reply:
The
additional temporary judicial resources were allocated under Programme (1):
Courts, Tribunals and Various Statutory Functions.
The
Judiciary has been closely monitoring the waiting times of the Lands Tribunal
and the Magistrates' Courts, amongst others, and would continue to deploy
necessary resources to keep them within the targets.
Regarding
the Lands Tribunal, additional temporary judicial resources, in terms of a
Deputy District Judge, were deployed to the Tribunal in late 2007 to help to
shorten the waiting times of compensation and other cases. Improvements have since been observed,
with the average waiting time of the compensation cases reduced from 141 days
in 2007 to 117 days for the period between September 2007 and February
2008. Resources are made available
in the 2008-09 Draft Estimates to enable the continual deployment of additional
temporary judicial resources to improve the waiting times of compensation and
other cases in the Lands Tribunal.
Regarding
the Magistrates' Courts, six newly recruited Special Magistrates took
office in mid
2007
and additional temporary
judicial resources, in terms of two additional Deputy Magistrates and two additional Deputy
Special Magistrates, were also deployed over the period from late
2007 to early 2008 to improve the waiting times. As a result, all the waiting times of
the Magistrates' Courts have been reduced over the past six months. The waiting times for charge cases for
the period between September 2007 and February 2008 are within targets, i.e.
40 days for defendants in custody and 58 days for defendants on bail, while
the waiting time for summons is reduced from 95 days in 2007 to 74 days for
the period between September 2007 and February 2008. The Judiciary has included in the 2008-09 Draft
Estimates financial provisions for the engagement and deployment of temporary judicial
and support staff resources at the Magistrates' Courts with a view to improving
the waiting times.
|
Signature |
|
|
Name in block letters |
EMMA
LAU |
|
Post Title |
Judiciary
Administrator |
|
Date |
27
March 2008 |
|
|
Reply Serial No. |
|
Examination of Estimates of Expenditure 2008-09
|
|
CONTROLLING OFFICER'S REPLY TO
|
|
INITIAL WRITTEN QUESTION
|
Question Serial No. |
|
|
1120 |
|
Head : |
703 Buildings |
Subhead : |
3029LJ Relocation
of Labour Tribunal to the South Kowloon Law Courts Building |
|
Programme : |
|
|
Controlling Officer : |
Director of Architectural Services |
|
Director of Bureau : |
Judiciary
Administrator |
|
Question : |
Please
inform this Committee of the Judiciary¡¦s timetable for the relocation of the
Labour Tribunal to more accessible premises and the details of the estimated
funding required. |
|
Asked by :
|
Hon.
NG Margaret |
|
|
|
|
Reply : |
The
Labour Tribunal has been relocated to the former South Kowloon Law Courts
Building at Gascoigne Road, Yaumatei since January 2008. The approved project estimate is
$67.1 million. |
|
Signature |
|
|
|
|
|
Name in block letters |
C. H. YUE |
|
|
|
|
Post Title |
Director of Architectural Services |
|
|
|
|
Date |
17 March 2008 |
|
|
Examination of Estimates
of Expenditure 2008-09 |
Reply Serial No. |
||
|
|
|
|||
|
|
CONTROLLING OFFICER'S REPLY TO |
|||
|
|
INITIAL WRITTEN QUESTION |
|
||
|
|
|
Question Serial No. |
||
|
Head: |
80 Judiciary |
Subhead (No. & title): |
|
1775 |
|
Programme: |
(1)
Courts, Tribunals and Various Statutory Functions |
|
Controlling
Officer: |
Judiciary Administrator |
|
Director
of Bureau: |
Judiciary Administrator |
Question:
Please
provide the number of inquests held in the Coroner's Court for the years 2005,
2006 and 2007.
Asked
by: Hon. LEE Chu-ming, Martin
Reply:
The numbers of death inquests concluded over the
past three years are as follows:-
2005 2006 2007
189 210 185
|
Signature |
|
|
Name in block letters |
EMMA
LAU |
|
Post Title |
Judiciary
Administrator |
|
Date |
27
March 2008 |
|
|
Examination of Estimates
of Expenditure 2008-09 |
Reply Serial No. |
||
|
|
|
|||
|
|
CONTROLLING OFFICER'S REPLY TO |
|||
|
|
INITIAL WRITTEN QUESTION |
|
||
|
|
|
Question Serial No. |
||
|
Head: |
80 Judiciary |
Subhead (No. & title): |
|
1776 |
|
Programme: |
(1)
Courts, Tribunals and Various Statutory Functions |
|
Controlling
Officer: |
Judiciary Administrator |
|
Director
of Bureau: |
Judiciary Administrator |
Question:
Please provide the number of inquests which commenced upon request of
the Secretary for Justice for the years 2005, 2006 and 2007.
Asked
by: Hon. LEE Chu-ming, Martin
Reply:
The Judiciary does not have available
statistics of the number of death inquests which commenced upon request of the
Secretary for Justice.
|
Signature |
|
|
Name in block letters |
EMMA
LAU |
|
Post Title |
Judiciary
Administrator |
|
Date |
27
March 2008 |
|
|
Examination of Estimates
of Expenditure 2008-09 |
Reply Serial No. |
||
|
|
|
|||
|
|
CONTROLLING OFFICER'S REPLY TO |
|||
|
|
INITIAL WRITTEN QUESTION |
|
||
|
|
|
Question Serial No. |
||
|
Head: |
80 Judiciary |
Subhead (No. & title): |
|
1777 |
|
Programme: |
(1)
Courts, Tribunals and Various Statutory Functions |
|
Controlling
Officer: |
Judiciary Administrator |
|
Director
of Bureau: |
Judiciary Administrator |
Question:
Please
set out the figures on the number of the applications for leave to judicial
review, the number of judicial reviews and the number of appeals against
judicial review decisions in 2007, and their respective average waiting times?
How many of those judicial review cases were legally aided?
Asked
by: Hon. LEE Chu-ming, Martin
Reply:
The
information requested is as follows:
|
|
2007 |
|
(a) No. of leave applications |
143 |
|
(b) No. of leave applications with at least
one of the parties being legally aided as at filing of application |
19 |
|
(c) Average waiting time from listing to
hearing of leave application* |
13 days |
|
(d) No. of appeals against refusal of leave |
18 |
|
(e) Average waiting time from listing to
appeal hearing in respect of refusal of leave |
43 days |
|
(f) No. of substantive judicial
review cases |
74 |
|
(g) No. of substantive judicial review
cases with at least one of the parties being legally aided as at filing of
substantive application |
17 |
|
(h) Average waiting time from listing to
hearing of substantive case |
100 days |
|
(i) No. of appeals against judicial
review decisions |
23 |
|
(j) Average waiting time from listing
to appeal hearing |
125 days |
*A great majority of cases are disposed of on paper. While there are no available figures, it is our experience that they are normally disposed of on paper in about three days.
|
Signature |
|
|
Name in block letters |
EMMA
LAU |
|
Post Title |
Judiciary
Administrator |
|
Date |
27
March 2008 |
|
|
Examination of Estimates
of Expenditure 2008-09 |
Reply Serial No. |
||
|
|
|
|||
|
|
CONTROLLING OFFICER'S REPLY TO |
|||
|
|
INITIAL WRITTEN QUESTION |
|
||
|
|
|
Question Serial No. |
||
|
Head: |
80 Judiciary |
Subhead (No. & title): |
|
1778 |
|
Programme: |
(1)
Courts, Tribunals and Various Statutory Functions |
|
Controlling
Officer: |
Judiciary Administrator |
|
Director
of Bureau: |
Judiciary Administrator |
Question:
The
average waiting times for appeal cases, compensation cases, building management
cases and tenancy cases in the Lands Tribunal have increased drastically in
2007 when compared with those in 2006 and the waiting time for compensation
cases has even exceeded the target. Will the Judiciary set out:
(a)
the
details of additional temporary judicial resources deployed in the above
circumstances; and
(b)
whether
consideration will be given to increasing the Judiciary¡¦s financial provision
allocated to the Lands Tribunal?
Asked
by: Hon. LEE Chu-ming, Martin
Reply:
(a)
The
Judiciary has been closely monitoring the waiting times of the Lands Tribunal,
amongst others, and would continue to deploy necessary resources to keep them
within the targets.
In 2007, three of the average waiting times (namely,
appeal cases, building management cases and tenancy cases) of the Tribunal were
within targets. The waiting time
of compensation cases, which involved a very small number of cases, was 141
days. Additional temporary judicial
resources, in terms of a Deputy District Judge, were deployed to the Tribunal in
late 2007 to help to shorten the waiting times of compensation and other
cases. Improvements have since
been observed, with the average waiting time of the compensation cases reduced
from 141 days in 2007 to 117 days for the period between September 2007 and
February 2008.
(b)
Resources
are made available in the 2008-09 Draft Estimates to enable the continual
deployment of additional temporary judicial resources to help to shorten the
waiting times of compensation and other cases in the Lands Tribunal.
|
Signature |
|
|
Name in block letters |
EMMA
LAU |
|
Post Title |
Judiciary
Administrator |
|
Date |
27
March 2008 |
|
|
Examination of Estimates of Expenditure 2008-09 |
Reply Serial No. |
||
|
|
|
|||
|
|
CONTROLLING
OFFICER'S REPLY TO |
|||
|
|
INITIAL WRITTEN QUESTION |
|
||
|
|
|
Question Serial No. |
||
|
Head: |
80 Judiciary |
Subhead (No. & title): |
|
1779 |
|
Programme: |
(1) Courts, Tribunals and Various Statutory Functions |
|
Controlling Officer: |
Judiciary Administrator |
|
Director of Bureau: |
Judiciary Administrator |
Question:
Under this programme, please provide information on the size of establishment, number of staff, ranks, salaries and allowances respectively of the Lands Tribunal, the Labour Tribunal, the Small Claims Tribunal, the Obscene Articles Tribunal and the Coroner's Court.
Asked by: Hon. LEE Chu-ming, Martin
Reply:
The establishment, number of posts and approximate salary expenditure for Judges and staff of the Lands Tribunal, Labour Tribunal, Small Claims Tribunal, Obscene Articles Tribunal and Coroner¡¦s Court are as follows:
|
Tribunal/Court |
Establishment |
No. of posts |
Approximate salary expenditure ($)* |
|
Lands Tribunal |
23 |
2 ¡V District Judge 1 ¡V Member 4 ¡V Judicial Clerk 15 ¡V Clerical Staff 1 ¡V Office Assistant |
9.6 million |
|
Labour Tribunal |
92 |
1 ¡V Principal Presiding
Officer 8 ¡V Presiding Officer 2 ¡V Judicial Clerk 28 ¡V Tribunal Officer 38 ¡V Clerical Staff 8 ¡V Secretarial Staff 6 ¡V Office Assistant 1 ¡V Workman II |
37.9 million |
|
Small Claims Tribunal |
44 |
1 ¡V Principal Adjudicator 7 ¡V Adjudicator 9 ¡V Judicial Clerk 25 ¡V Clerical Staff 2 ¡V Office Assistant |
19.3 million |
|
Obscene
Articles Tribunal |
7 |
2 ¡V Magistrate 4 ¡V Clerical Staff 1 ¡V Office Assistant |
3.4 million |
|
Coroner¡¦s Court |
11 |
3 ¡V Coroner 6 ¡V Clerical Staff 1 ¡V Secretarial Staff 1 ¡V Office Assistant |
5.4 million |
* The estimates have included any acting allowances payable in individual cases where acting appointments are necessary.
|
Signature |
|
|
Name in block letters |
EMMA LAU |
|
Post Title |
Judiciary Administrator |
|
Date |
27 March 2008 |
|
|
Examination of Estimates
of Expenditure 2008-09 |
Reply Serial No. |
||
|
|
|
|||
|
|
CONTROLLING OFFICER'S REPLY TO |
|||
|
|
INITIAL WRITTEN QUESTION |
|
||
|
|
|
Question Serial No. |
||
|
Head: |
80
Judiciary |
Subhead (No. & title): |
|
1780 |
|
Programme: |
(2) Support Services for Courts' Operation |
|
Controlling
Officer: |
Judiciary Administrator |
|
Director
of Bureau: |
Judiciary Administrator |
Question:
With
regard to the Resource Centre For Unrepresented Litigants, please give the
number of litigants seeking legal support through the Centre, the size of the
establishment, and the actual expenditure for the year 2007-08. What are the
projected number of litigants, size of the establishment and expenditure for
the year 2008-09?
Asked
by: Hon.
LEE Chu-ming Martin
Reply:
The information for
the years 2007 and 2008 is as follows:
|
|
|
|
|
|
||||
|
|
|
|
|
2007 |
2008 (Estimate) |
|
||
|
Number
of use |
|
|
|
|
|
|||
|
|
Visits Telephone
enquiries Access
to webpage |
|
|
9 900 3 100 290 000 |
10 000 3
400 319
000 |
|
||
|
|
|
|
|
|
|
|||
|
|
|
|
2007-08 |
2008-09 |
|
|||
|
|
|
|
|
(Draft Estimate) |
|
|||
|
|
|
|
|
|
|
|||
Approximate expenditure
|
|
|
$1,800,000 |
$1,800,000 |
|
|||
|
Staff strength |
|
|
5 |
5 |
|
|
||
It
should be noted that to maintain the impartiality of the Judiciary, the Resource
Centre does not provide legal advice. It provides information and assistance on court rules and procedures
in relation to civil proceedings in the High Court or the District Court except
matrimonial, lands, employees' compensation and probate matters.
Although the Judiciary Administration has no available information
as to whether the users of the services of the Resource Centre are litigants
or would-be litigants, it is believed that they are likely to be.
|
Signature |
|
|
Name in block letters |
EMMA
LAU
|
|
Post Title |
Judiciary
Administrator
|
|
Date |
27
March 2008 |
|
|
Examination of Estimates
of Expenditure 2008-09 |
Reply Serial No. |
||
|
|
|
|||
|
|
CONTROLLING OFFICER'S REPLY TO |
|||
|
|
INITIAL WRITTEN QUESTION |
|
||
|
|
|
Question Serial No. |
||
|
Head: |
80
Judiciary |
Subhead (No. & title): |
|
1781 |
|
Programme: |
(1)
Courts, Tribunals and Various Statutory Functions |
|
Controlling
Officer: |
Judiciary
Administrator |
|
Director
of Bureau: |
Judiciary
Administrator |
Question:
(a) Please provide information on the
establishment, strength and the expenditures of family mediators for the years
2005, 2006 and 2007 respectively.
(b) Please give the number of cases
handled by family mediators for the year 2007-08.
(c) Has the Judiciary conducted any research on whether
there is sufficient demand from the society for family
mediators? If yes, what are the
findings?
Asked
by: Hon.
LEE Chu-ming, Martin
Reply:
The Mediation Co-ordinator¡¦s Office is staffed by a Mediation
Co-ordinator and clerical staff. Its salary expenditures for the recent three years
are approximately as follows:
|
|
2005 - 06 |
2006 ¡V 07 |
2007 ¡V 08 (Revised Estimate) |
|
Strength |
1 Mediation Co-ordinator |
1 Mediation Co-ordinator |
1 Mediation Co-ordinator |
|
|
1 Clerk |
1 Clerk |
1.5 Clerk |
|
Salary expenditure |
$950,000 |
$920,000 |
$980,000 |
The change in salary expenditure in 2006-07 over 2005-06 was mainly due
to staff changes. The salary expenditure in 2007-08 represents an increase of $60,000 (or 6.5%) over 2006-07. It is mainly due to salary
adjustments in 2007-08 and part-year effect of additional manpower resources since
December 2007.
(b) In 2007-08, the Mediation Co-ordinator's Office has organized 190 information sessions (including pre-mediation consultations) for 400 participants,
and referred 80 cases (involving 160 parties) to the mediators in the private
sector for mediation service. It is noted that some parties may choose to directly approach private mediators
without referral.
(c) The Judiciary does not conduct any research on the
demand of the society for family mediators. It is however noted that as at mid March 2008, there are 99
family mediators on the list of the Panel of Family Mediators, accredited by
the Hong Kong International Arbitration Centre, kept by the Mediation
Co-ordinator¡¦s Office. There are no difficulties in making referrals from the
Office to these family mediators. The Office will continue to put qualified
family mediators on the list upon application.
|
Signature |
|
|
Name in block letters |
EMMA
LAU |
|
Post Title |
Judiciary
Administrator |
|
Date |
27
March 2008 |
|
|
Examination of Estimates of Expenditure 2008-09 |
Reply Serial No. |
||
|
|
|
|||
|
|
CONTROLLING
OFFICER'S REPLY TO |
|||
|
|
INITIAL WRITTEN QUESTION |
|
||
|
|
|
Question Serial No. |
||
|
Head: |
80 Judiciary |
Subhead (No. & title): |
|
2333 |
|
m |
||||
|
Programme: |
(1) Courts, Tribunals and Various Statutory Functions |
|
Controlling Officer: |
Judiciary Administrator |
|
Director of Bureau: |
Judiciary Administrator |
Question:
Please inform the Council as to how much resources will be allocated by the Judiciary for 2008-09 to improve the listing systems and please give details of such improvement measures.
Asked by: Hon. Li Kwok-ying
Reply:
The Judiciary has always strived to keep the waiting
time at various levels of courts within targets in listing cases for hearing
and would continue to deploy necessary resources for this purpose. In this regard, the Judiciary has
included provisions in the 2008-09 Draft Estimates for the proposed creation of
an additional 8 posts of judges and judicial officers and the creation of 17
civil service posts to provide support to judges and judicial officers. In addition, the Judiciary has included
in the 2008-09 Draft Estimates financial provisions for the engagement and
deployment of temporary judicial and support staff resources at various levels
of courts to keep the waiting times within targets.
|
Signature |
|
|
Name in block letters |
EMMA LAU |
|
Post Title |
Judiciary Administrator |
|
Date |
27 March 2008 |
|
|
Examination of Estimates of Expenditure 2008-09 |
Reply Serial No. |
||
|
|
|
|||
|
|
CONTROLLING
OFFICER'S REPLY TO |
|||
|
|
INITIAL WRITTEN QUESTION |
|
||
|
|
|
Question Serial No. |
||
|
Head: |
80 Judiciary |
Subhead (No. & title): |
|
2334 |
|
m |
||||
|
Programme: |
(1) Courts, Tribunals and Various Statutory Functions |
|
Controlling Officer: |
Judiciary Administrator |
|
Director of Bureau: |
Judiciary Administrator |
Question:
Please provide information on the manpower and expenditure input by the Judiciary in 2008-09 in order to perform statutory functions under the following Ordinances:
(a) the Electoral Affairs Commission Ordinance;
(b) the Interception of Communications and Surveillance Ordinance; and
(c) the Securities and Futures Ordinance.
Asked by: Hon.LI Kwok-ying
Reply:
In 2008-09, the estimated manpower and expenditure input for performing the following statutory functions are:
|
|
|
Estimates($) |
|
(a) |
Electoral Affairs Commission Ordinance ¡V Approximately 50% of the time of the Judge of the Court of First Instance of the High Court who is appointed as Chairman of the Electoral Affairs Commission |
1.3 million |
|
(b) |
Interception of Communications and Surveillance Ordinance ¡V Two Judges of the Court of First Instance of the High Court, 4 support staff and related operational expenses |
11.1 million |
|
(c) |
Securities and Futures Ordinance ¡V One
Judge of the Court of First Instance of the High Court |
2.3 million |
|
Signature |
|
|
Name in block letters |
EMMA LAU |
|
Post Title |
Judiciary Administrator |
|
Date |
27 March 2008 |
|
|
Examination of Estimates of Expenditure 2008-09 |
Reply Serial No. |
||
|
|
|
|||
|
|
CONTROLLING
OFFICER'S REPLY TO |
|||
|
|
INITIAL WRITTEN QUESTION |
|
||
|
|
|
Question Serial No. |
||
|
Head: |
80 Judiciary |
Subhead (No. & title): |
|
2718 |
|
m |
||||
|
Programme: |
(1) Courts, Tribunals
and Various Statutory Functions (2) Support Services for Courts' Operation |
|
Controlling Officer: |
Judiciary Administrator |
|
Director of Bureau: |
Judiciary Administrator |
Question:
|
(a) Regarding consultancy
studies for which financial provision has been allocated in 2007-08, please
provide details in the following format:
(b) Will there be any
financial provision allocated for commissioning consultancy studies in 2008-09? If yes, please
provide the following details:
|
Asked by: Hon. EU Yuet-mee, Audrey
Reply: There are no consultancy studies carried out in 2007-08 by the Judiciary.
At present, the Judiciary has no plans to commission any consultancy studies in 2008-09, and has not made any specific provision for this purpose in the 2008-09 Draft Estimates.
|
Signature |
|
|
Name in block letters |
EMMA LAU |
|
Post Title |
Judiciary Administrator |
|
Date |
27 March 2008 |