Replies to
written questions raised by Finance Committee Members in examining the
Estimates of Expenditure 2004-05
Controlling Officer : Judiciary Administrator
Reply
Serial No. |
Question Serial
No. |
Name of Member |
Head
|
Programme |
---|---|---|---|---|
JA001 |
0093 |
HO Sau-lan, Cyd |
80
|
Courts and Tribunals Support Services for
Courts’ Operation |
0212 |
EU Yuet-mee, Audrey |
80 |
Support Services for
Courts’ Operation |
|
0269 |
EU Yuet-mee, Audrey |
80 |
Courts and Tribunals |
|
0320 |
EU Yuet-mee, Audrey |
80 |
Support Services for Courts’ Operation |
|
0321 |
EU Yuet-mee, Audrey |
80 |
Support Services for Courts’ Operation |
|
0322 |
EU Yuet-mee, Audrey |
80 |
Courts and Tribunals |
|
0956 |
LAU Hon-chuen, Ambrose |
80 |
Courts and Tribunals |
|
0957 |
LAU Hon-chuen, Ambrose |
80
|
Courts and Tribunals |
|
1034 |
NG Margaret |
80 |
Courts and Tribunals |
|
1035 |
NG Margaret |
80 |
Courts and Tribunals |
|
1036 |
NG Margaret |
80 |
Support Services for Courts’
Operation |
|
1521 |
HO Chun-yan, Albert |
80 |
Courts and Tribunals |
|
1522 |
HO Chun-yan, Albert |
80 |
Courts and Tribunals |
|
1691 |
TSANG Yok-sing, Jasper |
80 |
Courts and Tribunals |
|
1692 |
TSANG Yok-sing, Jasper |
80
|
Courts and Tribunals |
|
1701 |
SIN Chung-kai |
80 |
Support Services for
Courts’ Operation |
|
1717 |
TAM Yiu-chung |
80 |
Courts and Tribunals |
|
1718 |
TAM Yiu-chung |
80 |
Courts and Tribunals |
|
1719 |
TAM Yiu-chung |
80 |
Courts and Tribunals |
|
1720 |
TAM Yiu-chung |
80 |
Courts and Tribunals |
|
1742 |
LAU Chin-shek |
80 |
Courts and Tribunals |
Replies to supplementary
questions raised by Finance
Committee Members in examining the Estimates of Expenditure 2004-05
Controlling Officer : Judiciary Administrator
Session No. : 8
Reply
Serial No. |
Question Serial
No. |
Name of Member |
Head
|
Programme |
---|---|---|---|---|
S-JA001 |
SV005 |
LAU Chin-shek |
80
|
Courts and Tribunals |
SV006 |
NG Margaret |
80 |
Courts and Tribunals |
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Examination of Estimates of Expenditure 2004-05 |
Reply Serial No. |
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CONTROLLING OFFICER’S
REPLY TO |
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Question Serial No. |
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0093 |
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Head: 80
Judiciary |
Subhead(No. & title): |
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Programme: |
(1)
Courts and Tribunals
(2) Support Services for
Courts’ Operation |
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Controlling
Officer: |
Judiciary Administrator |
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Director of Bureau: |
Judiciary Administrator |
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Question: Regarding consultancy studies for policy making and
assessment (if any) commissioned by your bureau, please provide details in the
following format:
(1)Please provide the following details on the consultancy studies for which financial provision has been allocated respectively in 2003-04:
Name of consultants (if available) |
Description |
Consultancy Fees ($) |
Progress on consultancy Studies (planning/ in progress/
completed) |
The
Administration’s follow-up action on the study reports and the
progress made (if available) |
Whether study reports completed are
publicized; if yes, their channels
and if not, the reasons. |
|
|
|
|
|
|
(2)Has financial provision been allocated for commissioning consultancy studies in 2004-05? If yes, please provide the following details :
Name of consultants (if available) |
Description |
Consultancy Fees ($) |
Progress on consultancy studies
(planning/ in progress/ completed) |
Whether study reports scheduled for
completion in 2004-05 will be publicized; if yes, their channels and if not,
the reasons. |
|
|
|
|
|
Asked
by: Hon. HO Sau-lan, Cyd
Reply:
No
expenditure on consultancy studies has been incurred in 2003-04. No financial provision has been set aside
for such studies in 2004-05.
Signature |
|
Name in block letters |
Wilfred Tsui |
Post Title |
Judiciary Administrator |
Date |
25.3.2004 |
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Examination of Estimates of Expenditure 2004-05 |
Reply Serial No. |
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CONTROLLING
OFFICER’S REPLY TO |
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Question Serial No. |
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0212 |
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Head: 80
Judiciary |
Subhead(No. & title): |
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Programme: |
(2) Support Services for Courts’
Operation |
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||||
Controlling
Officer: |
Judiciary Administrator |
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||||
Director of Bureau: |
Judiciary Administrator |
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Question: Regarding applications for
transcripts of court proceedings, please provide information on the average
time and fees for production?
Asked
by: Hon. EU Yuet-mee, Audrey
Reply:
The time required to produce a transcript depends on
the length of the court proceedings concerned.
For an average court case of 3 to 5 days duration, the time required to
produce the transcripts would take 6 to 10 working days.
As
regards the fees for production, broadly speaking, transcripts are charged at
$85 per page. However, they are
supplied free of charge to legally aided cases. The same applies to unrepresented appellants in criminal cases.
Signature |
|
Name in block letters |
Wilfred Tsui |
Post Title |
Judiciary Administrator |
Date |
25 .3.2004 |
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Examination of Estimates of Expenditure 2004-05 |
Reply Serial No. |
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CONTROLLING
OFFICER’S REPLY TO |
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Question Serial No. |
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0269 |
||||
Head: 80
Judiciary |
Subhead(No. & title): |
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||||
Programme: |
(1) Courts and Tribunals |
|
|||||
Controlling
Officer: |
Judiciary Administrator |
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Director of Bureau: |
Judiciary Administrator |
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Question: The Judiciary stated in the programme concerned that
the number of claims filed with the Small Claims Tribunal is anticipated to
continue to increase. What measures
will the Judiciary undertake in the year 2004-05 to enhance the relevant work
processes to cope with the increase?
What would be the expenditure involved?
Asked
by: Hon. EU Yuet-mee, Audrey
Reply:
We
would implement the following measures in 2004–05:
(a)
to construct additional
meeting rooms for the Tribunal Officers to interview the parties and to process
their paper submissions before hearings.
This would provide a more comfortable and private environment for court
users, allow the Tribunal Officers to focus on pre-hearing tasks and enable the
court rooms to be better utilized for hearings. The construction cost would be about $0.6 million;
(b)
to enhance the computer
system to streamline work processes.
This would cost about $5.8 million; and
(c)
to strengthen the
training of the Tribunal Officers and frontline staff, particularly in handling
stress and emotion. The related
expenditure would be absorbed in existing provisions for staff training.
Signature |
|
Name in block letters |
Wilfred Tsui |
Post Title |
Judiciary Administrator |
Date |
25 .3.2004 |
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|
Examination of Estimates of Expenditure 2004-05 |
Reply Serial No. |
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CONTROLLING
OFFICER’S REPLY TO |
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Question Serial No. |
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|
0320 |
||||
Head: 80
Judiciary |
Subhead(No. & title): |
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||||
Programme: |
(2) Support Services for Courts’
Operation |
|
|||||
Controlling
Officer: |
Judiciary Administrator |
|
|||||
Director of Bureau: |
Judiciary Administrator |
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Question: Please give the number of times and the
circumstances in which the Technology Court has been used since it came into
operation in April 2003. What will be
the expenditure involved in 2004‑05 and what are the future developments?
Asked
by: Hon. EU Yuet-mee, Audrey
Reply:
There were 26 bookings for
the use of the Technology Court since its operation in April 2003.
A total of 153 days had been
used for court proceedings, tribunal inquiries as well as training seminars for
Judges and the legal profession.
Facilities deployed include
video conferencing, proceeding broadcasting, visualiser and powerpoint
presentations.
The annual maintenance cost
for the Technology Court in 2004–05 will be $477,000, covering equipment and
network maintenance as well as on-site technical support.
The current facilities are
adequate to meet demand and there is no plan for expansion.
Signature |
|
Name in block letters |
Wilfred Tsui |
Post Title |
Judiciary Administrator |
Date |
25.3.2004 |
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Examination of Estimates of Expenditure 2004-05 |
Reply Serial No. |
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CONTROLLING
OFFICER’S REPLY TO |
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Question Serial No. |
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0321 |
||||
Head: 80
Judiciary |
Subhead(No. & title): |
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||||
Programme: |
(2) Support Services for Courts’
Operation |
|
|||||
Controlling
Officer: |
Judiciary Administrator |
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Director of Bureau: |
Judiciary Administrator |
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Question: Please give the number of users and the
circumstances in which each of the services and facilities of the Resource
Centre For Unrepresented Litigants are used. How much resource will the
Judiciary allocate in the year 2004-2005 for the development of these services?
Asked
by: Hon. EU Yuet-mee, Audrey
Reply:
The Resource Centre for Unrepresented Litigants commenced operation on 22 December 2003. It had received 927 visitors and 539 telephone enquiries on general information.
The demand for services from the visitors are as follows:
Services/facilities |
No. of users |
|
|
Enquiry Counter Service |
927 |
Collection of brochures on civil proceedings |
216 |
Collection of court forms |
165 |
Oaths & Declaration Service |
149 |
Computer facilities |
31 |
Viewing videos on court procedure |
13 |
In 2004-2005, $3.4 million will be allocated for the operation of the Resource Centre :
Staff salaries |
$2,000,000 |
Recurrent expenditure |
$ 500,000 |
Production of videos and brochures |
$ 900,000 |
Total |
$3,400,000 |
Signature |
|
Name in block letters |
Wilfred Tsui |
Post Title |
Judiciary Administrator |
Date |
25.3.2004 |
|
Examination of Estimates of Expenditure 2004-05 |
Reply Serial No. |
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CONTROLLING
OFFICER’S REPLY TO |
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Question Serial No. |
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0322 |
||||
Head: 80
Judiciary |
Subhead(No. & title): |
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|
||||
Programme: |
(1) Courts and Tribunals |
|
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Controlling
Officer: |
Judiciary Administrator |
|
|||||
Director of Bureau: |
Judiciary Administrator |
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Question: Please give an account of
the development of bilingual court system in Hong Kong. How much resource is to be allocated in
2004-05 to the work and the study in this area? Please give details.
Asked
by: Hon. EU Yuet-mee, Audrey
Reply:
Article
9 of the Basic Law stipulates that in addition to the Chinese language, English
may be used as an official language in court proceedings.
In
accordance with section 5(1) of the Official Languages Ordinance (Cap. 5), a
judge may use either Chinese or English or both in conducting court
proceedings. In deciding which one of
the official languages is to be used, the paramount consideration is the just
and expeditious disposal of the cause or matter before the judge, having regard
to all the circumstances of the case.
Regardless
of which language the judge chooses to use, a party to the court proceedings
may use either or both of the official languages. Court documents may be submitted in either Chinese or English,
and are translated, if necessary, into the language the judge decides to use in
the court proceedings.
The
table attached illustrates the distribution of English and Chinese trials in
1999 and 2003.
The
Judiciary maintains a bilingual court system through enhancing the bilingual
capacity of the judges and judicial officers (JJOs) and the provision of
interpretation and translation services for the courts. Without compromising judicial and
professional quality, the policy of the Judiciary is to strive to increase the
number of bilingual JJOs. About 65% of
our JJOs are bilingual.
In
2004–05, $1,040,000 and $400,000 will be provided for enhancing the bilingual
skills of the JJOs and court interpreters respectively.
Signature |
|
Name in block letters |
Wilfred Tsui |
Post Title |
Judiciary Administrator |
Date |
25.3.2004 |
The Distribution of English and Chinese trials
at the different court levels in 1999 and 2003
|
1999 |
2003 |
---|---|---|
Court of Final
Appeal English Chinese |
100% 0 |
100% 0 |
Court
of Appeal
|
|
|
Criminal
cases English Chinese |
87.4% 12.6% |
72.1% 27.9% |
Civil
cases English
Chinese |
87% 13% |
77.9% 22.1% |
Court
of First Instance
|
|
|
Criminal
Cases English Chinese |
88.4% 11.6% |
80.7% 19.3% |
Civil
Cases English Chinese |
94.7% 5.3% |
73.1% 26.9% |
Appeals from lower
courts English Chinese |
60.5% 39.5% |
35.6% 64.4% |
District
Court
|
|
|
Criminal
Cases English Chinese |
85.9% 14.1% |
69.9% 30.1% |
Civil
Cases English Chinese |
94.1% 5.9% |
66.7% 33.3% |
Magistrates’ Courts |
|
|
Charge
cases English Chinese |
59% 41% |
36.3% 63.7% |
Summonses English Chinese |
Not available Not available |
6.1% 93.9% |
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Examination of Estimates of Expenditure 2004-05 |
Reply Serial No. |
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CONTROLLING
OFFICER’S REPLY TO |
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Question Serial No. |
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0956 |
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Head: 80
Judiciary |
Subhead (No. & title): |
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Programme: |
(1) Courts and Tribunals |
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Controlling
Officer: |
Judiciary Administrator |
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Director of Bureau: |
Judiciary Administrator |
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Question: In respect of Programme (1) Court and Tribunals, the
Judiciary states that 97 posts will be deleted in 2004-05 but the provision for
2004-05 will be $2.3 million (0.3%) higher than the revised estimate for
2003-04 due to an anticipated increase in operating expenses. How come there will still be an anticipated
increase in operating expenses despite the deletion of posts?
Asked
by: Hon. LAU Hon-chuen, Ambrose
Reply:
The
increase is due to the following factors |
$ million |
|
|
General
departmental expenses |
14.6 |
Hire
of services and professional fees |
4.4 |
General
non-recurrent |
2.5 |
Miscellaneous
|
1.0 |
|
22.5 |
Less Reduction in salaries |
20.2 |
|
2.3 |
|
|
|
|
It
is worth noting that the total provision for Judiciary for 2004-05 is $3
million (0.3%) and $50.2 million (4.9%) lower than the revised estimate
and original estimate for 2003-04 respectively.
Signature |
|
Name in block letters |
Wilfred Tsui |
Post Title |
Judiciary Administrator |
Date |
25.3.2004 |
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|
Examination of Estimates of Expenditure 2004-05 |
Reply Serial No. |
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CONTROLLING
OFFICER’S REPLY TO |
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Question Serial No. |
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0957 |
||||
Head: 80
Judiciary |
Subhead (No. & title): |
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||||
Programme: |
(1) Courts and Tribunals |
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Controlling
Officer: |
Judiciary Administrator |
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Director of Bureau: |
Judiciary Administrator |
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Question: Regarding the performance measures of the operations
of the courts and tribunals, the planned waiting times for all types of cases
in 2004 are generally longer than the actual waiting times in 2003. Taking the planned waiting times of the
Labour Tribunal as an example, it will take 30 days from appointment to filing
of a case, and then another 30 days from filing of a case to first hearing,
adding up to 60 days in total and being 22 days longer than the actual waiting
time of 38 days in 2003. Is it attributable
to the deletion of 97 posts in 2004-05 or is there any other reason?
Asked
by: Hon. LAU Hon-chuen, Ambrose
Reply:
The setting of the target
waiting times is not attributable to the deletion of posts in 2004-05.
Although the economy has
shown signs of recovery since the latter part of 2003, the caseload of the
Labour Tribunal is expected to stay at a high level in 2004. Thus, it is prudent to set the planned
waiting time for 2004 from appointment booking to filing of claim and from
filing of claim to first hearing both at 30 days. The Labour Tribunal will strive to achieve an actual waiting time
as short as possible in practice.
Signature |
|
Name in block letters |
Wilfred Tsui |
Post Title |
Judiciary Administrator |
Date |
25.3.2004 |
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Examination of Estimates of Expenditure 2004-05 |
Reply Serial No. |
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CONTROLLING
OFFICER’S REPLY TO |
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Question Serial No. |
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1034 |
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Head: 80
Judiciary |
Subhead (No. & title): |
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Programme: |
(1) Courts and Tribunals |
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Controlling
Officer: |
Judiciary Administrator |
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Director of Bureau: |
Judiciary Administrator |
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Question: Referring to Note 8, it is estimated that the civil
caseload of the District Court in 2004 will increase, does the Judiciary plan
to recruit more District Judges to cope with the workloads?
Asked
by: Hon. NG Margaret
Reply:
The impact of the increase
in the civil jurisdiction of the District Court has been mild over the past few
months. The existing number of District
Judges can cope with the caseload, but we will monitor the situation closely.
Signature |
|
Name in block letters |
Wilfred Tsui |
Post Title |
Judiciary Administrator |
Date |
25.3.2004 |
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Examination of Estimates of Expenditure 2004-05 |
Reply Serial No. |
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CONTROLLING
OFFICER’S REPLY TO |
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Question Serial No. |
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1035 |
||||
Head: 80
Judiciary |
Subhead (No. & title): |
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Programme: |
(1) Courts and Tribunals |
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Controlling
Officer: |
Judiciary Administrator |
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Director of Bureau: |
Judiciary Administrator |
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Question: The estimated number of Lands Tribunal cases is 7
470 in 2004, representing a decrease 534 as compared with 2003. What are the reasons attributed to such a
sharp decrease?
Asked
by: Hon. NG Margaret
Reply:
In
the first nine months of 2003, there were about 5 600 cases filed in the Lands
Tribunal. However, there was a drastic
increase in rating appeal cases in the last quarter of 2003, bringing the
year-end total to 8 004.
From
experience, the sudden increase in rating appeal cases is not a regular
feature. We have therefore discounted
it in projecting the caseload for 2004, hence the decrease.
Signature |
|
Name in block letters |
Wilfred Tsui |
Post Title |
Judiciary Administrator |
Date |
25.3.2004 |
|
Examination of Estimates of Expenditure 2004-05 |
Reply Serial No. |
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CONTROLLING
OFFICER’S REPLY TO |
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Question Serial No. |
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1036 |
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Head: 80
Judiciary |
Subhead (No. & title): |
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Programme: |
(2) Support Services for Courts’
Operation |
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Controlling
Officer: |
Judiciary Administrator |
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Director of Bureau: |
Judiciary Administrator |
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Question: What is the expenditure estimated for the Resource
Centre for Unrepresented Litigants in 2004?
How many unrepresented litigants have been served since the centre
opened in December 2003? In 2004, how
many unrepresented litigants are expected to be served in the coming year?
Asked
by: Hon. NG Margaret
Reply:
The Resource Centre for Unrepresented Litigants commenced operation on 22 December 2003. It had received 927 visitors and 539 telephone enquiries on general information.
The demand for services from visitors are as follows:
Services/facilities |
No. of users |
---|---|
|
|
Enquiry Counter Service |
927 |
Collection of brochures on civil proceedings |
216 |
Collection of court forms |
165 |
Oaths & Declaration Service |
149 |
Computer facilities |
31 |
Viewing videos on court procedure |
13 |
In 2004-2005, $3.4 million will be allocated for the operation of the Resource Centre :
Staff salaries |
$2,000,000 |
Recurrent expenditure |
$ 500,000 |
Production of videos and brochures |
$ 900,000 |
Total |
$3,400,000 |
We
estimate that there would be about 5 500 visitors to the Resource Centre in
2004.
Signature |
|
Name in block letters |
Wilfred Tsui |
Post Title |
Judiciary Administrator |
Date |
25 .3.2004 |
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Examination of Estimates of Expenditure 2004-05 |
Reply Serial No. |
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CONTROLLING
OFFICER’S REPLY TO |
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Question Serial No. |
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1521 |
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Head: 80
Judiciary |
Subhead (No. & title): |
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Programme: |
(1) Courts and Tribunals |
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Controlling
Officer: |
Judiciary Administrator |
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Director of Bureau: |
Judiciary Administrator |
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Question: For civil cases heard in the Court of First Instance
and the Court of Appeal in the past three years, how long did it take from
conclusion of hearing to delivery of judgment on average? With regard to such
period of time, what is the number of cases that took less than 6 months, more
than 6 months but less than 1 year and more than 1 year respectively? Is the
time taken from conclusion of hearing to delivery of judgment related to the
allocation of court resources? What will be the position for 2004-05?
Asked
by: Hon. HO Chun-yan, Albert
Reply:
1. For civil cases heard in the Court of
Appeal (CA) and the Court of First Instance (CFI) in the past three years, the
average time taken from conclusion of hearing to delivery of decision/judgment
are as follows :-
Case Type |
Average time taken from conclusion of hearing to
delivery of decision and/or judgment (days) |
||
---|---|---|---|
|
2001 |
2002 |
2003 |
CA –
Civil Appeals |
6 |
3.4 |
13.1 |
CFI
– Minor Appeals* |
7.3 |
4.1 |
19.8 |
CFI
– Civil |
27.9 |
34.3 |
37.7 |
(* Minor Appeals include Small Claims Tribunal Appeal,
Labour Tribunal Appeal, Inland Revenue Appeal and Appeal from Minor Employment
Claim Appeal Board)
2. The distribution of time between
decision /judgment reserved and date of delivery is :
Time between decision/judgment reserved and date of delivery |
No. of cases |
||||||||
---|---|---|---|---|---|---|---|---|---|
CA –
Civil Appeals |
CFI
– Minor Appeals |
CFI – Civil |
|||||||
2001 |
2002 |
2003 |
2001 |
2002 |
2003 |
2001 |
2002 |
2003 |
|
6
months or less |
77 |
1539 |
118 |
19 |
51 |
23 |
229 |
235 |
203 |
More
than 6 months and up to 1 year |
0 |
0 |
0 |
1 |
0 |
1 |
12 |
6 |
6 |
Over
1 year |
0 |
1 |
0 |
0 |
0 |
0 |
1 |
3 |
0 |
3. The time taken from the conclusion of a
hearing to delivery of judgment can be due to a number of inter-relating
factors, for example, listing of cases and deployment of judicial resources, as
well as the complexity of the cases concerned.
4. The position for 2004 is expected to
reflect past patterns.
Signature |
|
Name in block letters |
Wilfred Tsui |
Post Title |
Judiciary Administrator |
Date |
25 .3.2004 |
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Examination of Estimates of Expenditure 2004-05 |
Reply Serial No. |
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CONTROLLING
OFFICER’S REPLY TO |
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Question Serial No. |
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1522 |
|||||
Head: 80
Judiciary |
Subhead (No. & title): |
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Programme: |
(1) Courts and Tribunals |
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Controlling
Officer: |
Judiciary Administrator |
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Director of Bureau: |
Judiciary Administrator |
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Question: For civil proceedings conducted in the High Court
and the District Court in the past three years, how many cases involved
unrepresented litigants? As far as
these cases are concerned, what is the average waiting time for trial and what
is the average time of trial? What will
be the position for 2004-05?
Asked
by: Hon. HO Chun-yan, Albert
Reply:
The
status of a litigant in civil cases may change from unrepresented to
represented and vice versa in the course of a case. A case is regarded as involving unrepresented litigants if at
least one of the parties is unrepresented at the commencement of the
appeal/trial hearing. Such information
for the High Court and District Court are as follows:
Cases with at least one of
the parties unrepresented at commencement of
appeal/trial hearings |
2001 |
2002 |
2003 |
---|---|---|---|
High Court |
355 |
482 |
524 |
District Court |
143 |
167 |
162 |
We
expect that the position for 2004 will be more or less the same as in previous
years.
Information
relating to the average waiting time for trial and the average duration of
trial in respect of the above cases are not available.
Signature |
|
Name in block letters |
Wilfred Tsui |
Post Title |
Judiciary Administrator |
Date |
25 .3.2004 |
|
|
Examination of Estimates of Expenditure 2004-05 |
Reply Serial No. |
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JA014 |
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Question Serial No. |
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1691 |
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Head: 80
Judiciary |
Subhead (No. & title): |
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Programme: |
(1) Courts and Tribunals |
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Controlling
Officer: |
Judiciary Administrator |
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Director of Bureau: |
Judiciary Administrator |
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Question: Regarding the target waiting times “from setting
down of a case to hearing” in the Lands Tribunal under this programme, the
actual waiting times for 2002 and 2003 have all along been well within the
targets (in terms of days).
Notwithstanding such fact, the waiting times under 2004 (Plan) column
have been significantly raised to a level very close to the targets. What is the reason?
Asked
by: Hon. TSANG Yok-sing, Jasper
Reply:
We
have reduced the planned waiting time for Lands Tribunal cases in 2004 as
follows :
|
They
are our target performance pledge and we would strive to achieve as short an
actual waiting time as possible in practice.
Signature |
|
Name in block letters |
Wilfred Tsui |
Post Title |
Judiciary Administrator |
Date |
25 .3.2004 |
|
|
Examination of Estimates of Expenditure 2004-05 |
Reply Serial No. |
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|
JA015 |
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Question Serial No. |
|||||
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|
1692 |
|||||
Head: 80
Judiciary |
Subhead (No. & title): |
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Programme: |
(1) Courts and Tribunals |
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Controlling
Officer: |
Judiciary Administrator |
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Director of Bureau: |
Judiciary Administrator |
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Question: The actual number of cases processed by the Obscene
Articles Tribunal dropped drastically in 2003.
Please give the reason.
Asked
by: Hon. TSANG Yok-sing, Jasper
Reply:
The
number of articles handled by the Obscene Articles Tribunal is the direct
result of enforcement actions taken by the Police, the Customs and Excise
Department and the Television and Entertainment Licensing Authority. In 2003, the Tribunal handled 122 697
articles, a drop of 47% from 231 096 articles handled in 2002.
Signature |
|
Name in block letters |
Wilfred Tsui |
Post Title |
Judiciary Administrator |
Date |
25 .3.2004 |
|
|
Examination of Estimates of Expenditure 2004-05 |
Reply Serial No. |
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CONTROLLING
OFFICER’S REPLY TO |
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Question Serial No. |
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|
1701 |
|||||
Head: 80
Judiciary |
Subhead (No. & title): |
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|||||
Programme: |
(2) Support Services for Courts’
Operation |
|
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Controlling
Officer: |
Judiciary Administrator |
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Director of Bureau: |
Judiciary Administrator |
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Question:
With
regard to “ exploring opportunities for using information technology to replace
manual work and to enhance access to information”, please provide the following
information
a. What plans have the Judiciary
implemented in 2003-04 to use information technology to replace manual work?
What is the actual amount of expenditure involved?
b. What
plans are to be implemented in 2004-05? What is the estimated amount of
expenditure involved? And what are the estimated amount of savings that can be
achieved from the implementation of these plans?
Asked
by: Hon. SIN Chung-kai
Reply:
a. The Judiciary has implemented the
following information technology programs in
2003-04, with an expenditure of $2.129M, to replace manual work:
1. setting up an
information kiosk in the High Court lobby to ease the workload of the
information counter;
2. transmission of
information on potential jurors from the Immigration Department electronically;
3. consolidation
of management information, reports and statistical data and providing them
on-line;
4. electronic
ordering for trial transcripts with the service provider;
5. standardizing
and computerizing the payment collection arrangement of the Accounts Office;
and
6. processing of
leave application from administrative staff electronically.
b. The Judiciary has the following plans to
use information technology to replace manual work and to enhance access to
information in 2004-05:
1. electronic
submission of requests for office supplies;
2. automation of
workflow between Accounts Office and Bailiff Office;
3. computerizing
the collection process in the District Court and Family Court for transmission
to the Suitors’ Funds Account;
4. developing a
bilingual legal reference database of selected bilingual judgments and related
legal glossaries for referencing by judges and court interpreters; and
5. enhancing the
Legal Reference System and expanding the judgment database to cover all
available judgments back to 1946. The
system is accessible by the public through the internet.
The estimated expenditure in 2004-05
for the above initiatives is $5.392M and the estimated NAMS savings for items 1
to 3 above is $0.641M per annum.
Signature |
|
Name in block letters |
Wilfred Tsui |
Post Title |
Judiciary Administrator |
Date |
25.3.2004 |
|
|
Examination of Estimates of Expenditure 2004-05 |
Reply Serial No. |
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CONTROLLING
OFFICER’S REPLY TO |
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Question Serial No. |
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|
1717 |
|||||
Head: 80
Judiciary |
Subhead (No. & title): |
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|||||
Programme: |
(1) Courts and Tribunals |
|
||||||
Controlling
Officer: |
Judiciary Administrator |
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Director of Bureau: |
Judiciary Administrator |
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Question: The establishment of the Judiciary in 2004-05 will
be reduced by 141 posts, i.e. a total of 9%.
What is the total amount of personal emoluments being decreased as a
result of such reduction of posts?
Asked
by: Hon. TAM Yiu-chung
Reply:
The reduction
of 141 posts in the establishment of the Judiciary in 2004-05 would result in a
decrease of $46,064,616 in notional annual mid-point salary value.
Signature |
|
Name in block letters |
Wilfred Tsui |
Post Title |
Judiciary Administrator |
Date |
25 .3.2004 |
|
|
Examination of Estimates of Expenditure 2004-05 |
Reply Serial No. |
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CONTROLLING
OFFICER’S REPLY TO |
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Question Serial No. |
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|
1718 |
|||||
Head: 80
Judiciary |
Subhead (No. & title): |
|
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|||||
Programme: |
(1) Courts and Tribunals |
|
||||||
Controlling
Officer: |
Judiciary Administrator |
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||||||
Director of Bureau: |
Judiciary Administrator |
|
||||||
Question: The operating expenses for the Courts and the
Tribunals for 2004-05 is anticipated to increase. Please inform the Council in which areas does the increase mainly
fall on?
Asked
by: Hon. TAM Yiu-chung
Reply:
The
increase is due to the following factors |
$ million |
|
|
General
departmental expenses |
14.6 |
Hire
of services and professional fees |
4.4 |
General
non-recurrent |
2.5 |
Miscellaneous
|
1.0 |
|
22.5 |
Less Reduction in salaries |
20.2 |
|
2.3 |
It
is worth noting that the total provision for Judiciary for 2004-05 is $3
million (0.3%) and $50.2 million (4.9%) lower than the revised estimate
and original estimate for 2003-04 respectively.
Signature |
|
Name in block letters |
Wilfred Tsui |
Post Title |
Judiciary Administrator |
Date |
25.3.2004 |
|
|
Examination of Estimates of Expenditure 2004-05 |
Reply Serial No. |
|||||
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CONTROLLING
OFFICER’S REPLY TO |
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|
Question Serial No. |
|||||
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|
|
1719 |
|||||
Head: 80
Judiciary |
Subhead (No. & title): |
|
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|||||
Programme: |
(1) Courts and Tribunals |
|
||||||
Controlling
Officer: |
Judiciary Administrator |
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||||||
Director of Bureau: |
Judiciary Administrator |
|
||||||
Question: It is estimated that the caseload of the Lands
Tribunal for 2004-05 will be decreased by 6.7% but the time taken from the
setting down of a case to hearing for various categories of cases will all
lengthen considerably. Please give the
reason.
Asked
by: Hon. TAM Yiu-chung
Reply:
We
have reduced the planned waiting time for Lands Tribunal cases in 2004 as
follows :
|
They
are our target performance pledge and we would strive to achieve as short an
actual waiting time as possible in practice.
Signature |
|
Name in block letters |
Wilfred Tsui |
Post Title |
Judiciary Administrator |
Date |
25 .3.2004 |
|
|
Examination of Estimates of Expenditure 2004-05 |
Reply Serial No. |
|||||
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CONTROLLING
OFFICER’S REPLY TO |
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|
Question Serial No. |
|||||
|
|
|
1720 |
|||||
Head: 80
Judiciary |
Subhead (No. & title): |
|
|
|||||
Programme: |
(1) Courts and Tribunals |
|
||||||
Controlling
Officer: |
Judiciary Administrator |
|
||||||
Director of Bureau: |
Judiciary Administrator |
|
||||||
Question: The various waiting times of the Labour Tribunal
substantially lengthen in 2004-05 while there is only a slight increase of 2.3%
in the estimated number of caseload.
What is the reason?
Asked
by: Hon. TAM Yiu-chung
Reply:
Although the economy has
shown signs of recovery since the latter part of 2003, the caseload of the
Labour Tribunal is expected to stay at a high level in 2004. Thus, it is prudent to set the planned
waiting time for 2004 from appointment booking to filing of claim and from
filing of claim to first hearing both at 30 days. The Labour Tribunal will strive to achieve an actual waiting time
as short as possible in practice.
Signature |
|
Name in block letters |
Wilfred Tsui |
Post Title |
Judiciary Administrator |
Date |
25 .3.2004 |
|
|
Examination of Estimates of Expenditure 2004-05 |
Reply Serial No. |
|||||
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CONTROLLING
OFFICER’S REPLY TO |
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|
Question Serial No. |
|||||
|
|
|
1742 |
|||||
Head: 80
Judiciary |
Subhead (No. & title): |
|
|
|||||
Programme: |
(1) Courts and Tribunals |
|
||||||
Controlling
Officer: |
Judiciary Administrator |
|
||||||
Director of Bureau: |
Judiciary Administrator |
|
||||||
Question:
1. What is the average number of days
required to be taken from the filing of a claim to conclusion of hearing in
respect of the cases handled by the Labour Tribunal for each of the past two
years?
2. What
efficiency enhancement plans does the Judiciary have in 2004–05 to shorten the
waiting time of the Labour Tribunal?
Asked
by: Hon. LAU Chin-shek
Reply:
1. The
average number of days taken from filing of claim to conclusion of hearing is
61 for 2002 and 53 for 2003.
2. The
Chief Justice appointed a Working Group on the Review of the Labour Tribunal in
June 2003 chaired by the Hon Madam Justice Chu to review the operation of the
Labour Tribunal and to recommend improvements thereto. The Working Group is expected to submit a
report to the Chief Justice in the first half of this year and the report may
contain relevant recommendations on this matter.
Signature |
|
Name in block letters |
Wilfred Tsui |
Post Title |
Judiciary Administrator |
Date |
25.3.2004 |
|
|
Examination of Estimates of Expenditure 2004-05 |
Reply Serial No. |
||||
|
|
CONTROLLING
OFFICER’S REPLY TO |
|||||
|
|
|
Question Serial No. |
||||
|
|
|
SV005 |
||||
Head: 80
Judiciary |
Subhead(No. & title): |
|
|
||||
Programme: |
(1) Courts and Tribunals |
|
|||||
Controlling
Officer: |
Judiciary Administrator |
|
|||||
Director of Bureau: |
Judiciary Administrator |
|
|||||
Question: The Judiciary Administrator to provide updated
information on the number as well as the waiting time of claims filed with the
Labour Tribunal in the first three months of 2004.
Asked
by: Hon. LAU Chin-shek
Reply:
For
the first three months of 2004, 2327 cases were filed with the Labour
Tribunal. The average waiting time from
appointment to filing for these cases was 8 days and that from filing to first
hearing was 24 days.
Signature |
|
Name in block letters |
Wilfred Tsui |
Post Title |
Judiciary Administrator |
Date |
14.4.2004 |
|
|
Examination of Estimates of Expenditure 2004-05 |
Reply Serial No. |
||||
|
|
CONTROLLING
OFFICER’S REPLY TO |
|||||
|
|
|
Question Serial No. |
||||
|
|
|
SV006 |
||||
Head: 80
Judiciary |
Subhead(No. & title): |
|
|
||||
Programme: |
(1) Courts and Tribunals |
|
|||||
Controlling
Officer: |
Judiciary Administrator |
|
|||||
Director of Bureau: |
Judiciary Administrator |
|
|||||
Question: The Judiciary Administrator to provide quantified
information on the amount of additional time and resources the courts need to
spend on civil proceedings involving unrepresented litigants in the past three
years.
Asked
by: Hon. Margaret NG
Reply:
The
Judiciary has no data on the subject.
Signature |
|
Name in block letters |
Wilfred Tsui |
Post Title |
Judiciary Administrator |
Date |
14.4.2004 |