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On the other hand, many of the proposed reforms involve cutting out unnecessary
applications, restricting appeals and streamlining procedures. These features could be
expected to have an effect in the opposite direction regarding the cost of the proposed
reforms. Elimination of any court event removes the demand for judicial services
associated with that event, permitting the freed up time of the judge or master to be
re-deployed. This is particularly likely to occur if there is a significant drop in
interlocutory applications and interlocutory appeals as a result of the proposed
reforms.
It may accordingly be quite possible that the proposed reforms could be introduced
with no significant impact on recurrent expenditure requirements. But, as a matter of
prudence, the Working Party considers that provision should be made for some
increase in such recurrent expenditure to ensure that the proposed reforms do not fail
for lack of judicial manpower. However, any such increase, if required, is unlikely to
be large and would, in practice be offset by the increased productivity of our civil
justice system, viewed in the broader context of the economic and social well-being of
the HKSAR.
The Working Party bears in mind the cautionary words of the Chief Justice in his
speech delivered at the Ceremonial Opening of the Legal Year 2003. The Chief
Justice stated that in the years ahead, budgetary constraints will pose difficult
problems for the Judiciary, requiring hard decisions to be made, but without any
compromise to the quality of justice. In particular, it was pointed out that the
Judiciary will have to reduce the number of temporary judges at all levels and may
have to leave some judicial posts vacant. The Working Party is therefore aware that
there may be great difficulty, in the immediate future, finding funds for any additional
posts in support of the proposed reforms. Accordingly, reliance would primarily have
to be placed on rationalising and redeploying present judicial resources.
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