 |  |
|
 |
 |
 |
 |
|  | |  | |
32.1
The consultation response
The respondents who addressed the topic
unanimously supported these proposals. A
number of them laid particular emphasis on training and adequate resources as
essential requirements which had to be catered for if large-scale reforms were to go
forward at all. To take a few examples :-
(a)
The Bar Association (in relation to the need to train both judges and
practitioners) :-
"This is a key element of the reform package. Unless resources are deployed to familiarising
judges and their staff on the new reforms, the proposals may easily come to no avail. The
Bar would welcome consultation on development of training manuals and other materials on
the implementation of the new case management system. Any such material prepared for
judges would also be useful for the training of barristers and could be shared with the legal
profession generally."
(b)
The Law Society :-
"It is of paramount importance that the Judiciary are placed in a position whereby their
timetable permits them to review Court files, skeleton arguments and authorities prior to
hearings and that the Judiciary has ample time (and the resources) to review arguments,
authorities, skeletons, etc. in reaching their judicial conclusions whether in terms of a
reserved order or judgment. This is not the case at present. ...... Simply there is too much
work for too few Judicial Officers."
They argued that unless properly resourced, the greater levels of case
management envisaged in the proposed reforms could not be achieved.
(c)
The Hon Ms Audrey Eu SC speaking in Legco :-
"The legal sector is generally worried whether the existing judges are of the standard required
to assume this new role. In particular, if there is too much inappropriate intervention from a
judge, such as imposing too many limitations in respect of proof, interrogation and addresses,
the various parties in a litigation case may well become unable to adequately present their
proof and viewpoints, and legal justice may not necessarily be upheld as a result. This means,
therefore, that at present, the most important task of the Judiciary should be to enhance the
training for judges. The relevant view of the Bar Association may be referred to in order that
a specialist judge system could be implemented, under which judges are assigned to hear
specific categories of cases. And, the enhancement of the case management powers of judges
can be tried out for these cases."
Notes
Including the Bar Association, the Law Society, the DOJ, the HKFLA, the HKFI, the APAA, the
High Court masters, the District Court judges and masters, the BCC, the JCGWG, the Hon Ms
Audrey Eu SC, one set of barristers' chambers, two firms of solicitors and four individual
respondents.
|
 |
|