Administration of Justice (Miscellaneous Provisions) Bill 1999
Remove the requirement that judicial proceedings should be adjourned when
a red rainstorm warning is in force; to enable temporary judicial appointments in court-related enactments and to provide for minor miscellaneous amendments to various Ordinances.
Enacted by the Legislative Council.
PART I
General
1. Short title and commencement
(1) This Ordinance may be cited as the Administration of Justice (Miscellaneous Provisions) Ordinance 1999.
(2) Parts II and III of this Ordinance shall come into operation on a day to be appointed by the Chief Justice by notice in the Gazette.
PART II
Adjournment During Rainstorm Warnings
Judicial Proceedings (Adjournment During Gale Warnings) Ordinance
2. Interpretation
Section 2 of the Judicial Proceedings (Adjournment During Gale Warnings) Ordinance (Cap. 62) is amended---
(a) in the definition of "rainstorm warning", by repealing "use of any of the heavy rainstorm warning signals" and substituting "the use of the heavy rainstorm warning signal";
(b) in the definition of "烈風警告", by adding "藉" after "指" where it first appears.
3. Duration of gale warning and
rainstorm warning
Section 5(1)(a)(ii) is amended by repealing everything after "that" and substituting "the heavy rainstorm warning signal commonly referred to as Black is in force; and".
PART III
Temporary Judicial Appointment
Lands Tribunal Ordinance
4. Interpretation
Section 2 of the Lands Tribunal Ordinance (Cap. 17) is amended by adding---
""temporary member" (暫委成員) means a temporary member appointed under section 6A;".
5. Constitution of Tribunal
Section 4 is amended---
(a) in subsection (1), by repealing "subsection (4)" and substituting "this Ordinance";
(b) by repealing subsection (4) and substituting---
"(4) Subject to subsections (2) and (3) and section 6A, members of the Tribunal shall be such persons appointed by the Chief Executive who are---
(a) qualified in law; or
(b) in the opinion of the Chief Executive, sufficiently experienced in the practice of land valuation or some other subject relevant to the proceedings of the Tribunal to sit as members of the Tribunal.".
6. Section added
The following is added---
"6A. Appointment and powers of temporary members
(1) The Chief Justice may appoint any person who is---
(a) qualified in law; or
(b) in the opinion of the Chief Justice, sufficiently experienced in the practice of land valuation or some other subject relevant to the proceedings of the Tribunal,
to sit as a temporary member of the Tribunal for such period and on such terms as he may think fit.
(2) Subject to the terms of appointment, a temporary member shall, during the period for which he is appointed, exercise all the jurisdiction and powers of the Tribunal, and perform all the duties of a member.
(3) Every appointment made in accordance with this section may be terminated by the Chief Justice at any time.
(4) Where the hearing of any proceedings before a temporary member is adjourned or where judgment is reserved therein or decision is subject to review, the temporary member shall have power to resume the hearing and determine the proceedings or to deliver as the judgment of the Tribunal the judgment which he has reserved or to review the decision which he has given, notwithstanding that before the hearing is resumed or judgment is delivered or the review is disposed of, his appointment has expired or has been terminated.
(5) For the purposes of subsection (4), the power of a temporary member to deliver judgment in a resumed hearing includes the power of awarding costs and the making of any order ancillary to or consequential upon the award of costs.".
Labour Tribunal Ordinance
7. Interpretation
Section 2 of the Labour Tribunal Ordinance (Cap. 25) is amended---
(a) in the definition of "tribunal", by repealing "appointed under section 4" and substituting "or a deputy presiding officer appointed under this Ordinance";
(b) by adding---
""deputy presiding officer" (暫委審裁官) means a deputy presiding officer appointed under
section 5A;".
8. Establishment of tribunal
Section 3(2) is amended by adding "or a deputy presiding officer" after "presiding officer".
9. Appointment of presiding officers
Section 4(1) is amended by repealing ", who shall constitute the tribunal".
10. Section added
The following is added---
"5A. Appointment of deputy presiding officers
(1) The Chief Justice may appoint any person to be a deputy presiding officer for such period and on such terms as he thinks fit.
(2) Subject to the terms of appointment, a deputy presiding officer shall, during the period for which he is appointed, have all the jurisdiction, powers and privileges, and perform all the duties of a presiding officer and any reference in any law to a presiding officer shall be construed accordingly.
(3) Every appointment made in accordance with this section may be terminated by the Chief Justice at any time.
(4) Where the hearing of any proceedings before a deputy presiding officer is adjourned or where the determination is reserved therein or the award or order is subject to review, the deputy presiding officer shall have power to resume the hearing and determine the proceedings or to deliver as the determination of the Tribunal the determination which he has reserved or to review the award or order which he has made, notwithstanding that before the hearing is resumed or determination is delivered or the review is disposed of, his appointment has expired or has been terminated.
(5) For the purposes of subsection (4), the power of a deputy presiding officer to deliver a determination in a resumed hearing includes the power of awarding costs and the making of any order ancillary to or consequential upon the award of costs.".
Labour Tribunal (Suitors' Funds) Rules
11. Interpretation
Rule 2 of the Labour Tribunal (Suitors' Funds) Rules (Cap. 25 sub. leg.) is amended by repealing the definition of "presiding officer".
Magistrates Ordinance
12. Interpretation
Section 2 of the Magistrates Ordinance (Cap. 227) is amended by adding---
""deputy magistrate" (暫委裁判官) means a deputy magistrate appointed under section 5A;".
13. Section added
The following is added---
"5A. Appointment of deputy magistrates
(1) The Chief Justice may by warrant appoint any person to be a deputy magistrate for such period and on such terms as he thinks fit. Such appointment shall be notified in the Gazette.
(2) Subject to the terms of appointment, a deputy magistrate shall, during the period for which he is appointed, have all the jurisdiction, powers and privileges, and perform all the duties of a permanent magistrate and any reference in any law to a magistrate shall be construed accordingly.
(3) Every appointment made in accordance with this section may be terminated by the Chief Justice at any time.
(4) Where the hearing of any proceedings before a deputy magistrate is adjourned or where judgment is reserved therein or where the determination of any matter is subject to review, the deputy magistrate shall have power to resume the hearing and determine the proceedings or to deliver as the judgment of the magistrate's court the judgment which he has reserved or to review the determination which he has made, notwithstanding that before the hearing is resumed or judgment is delivered or the review is disposed of, his appointment has expired or has been terminated.
(5) For the purposes of subsection (4), the power of a deputy magistrate to determine the proceedings in a resumed hearing includes the power of awarding costs and the making of any order ancillary to or consequential upon the award of costs.".
Small Claims Tribunal Ordinance
14. Interpretation
Section 2 of the Small Claims Tribunal Ordinance (Cap. 338) is amended, in the definition of "adjudicator", by repealing "or a deputy adjudicator".
15. Establishment of tribunal
Section 3 is amended---
(a) in subsection (2), by repealing "as may be appointed under section 4" and substituting "and deputy adjudicators as may be appointed under this Ordinance";
(b) in subsection (3), by adding "or a deputy adjudicator" after "an adjudicator".
16. Appointment and powers of deputy adjudicators
Section 4A is amended---
(a) in subsection (2)---
(i) by repealing "A" and substituting "Subject to the terms of appointment, a";
(ii) by adding "and any reference in any law to an adjudicator shall be construed accordingly" after "of adjudicator";
(b) by adding---
"(2A) Every appointment made in accordance with this section may be terminated by the Chief Justice at any time.";
(c) by adding---
"(4) For the purposes of subsection (3), the power of a deputy adjudicator to determine the proceedings in a resumed hearing includes the power of awarding costs and the making of any order ancillary to or consequential upon the award of costs.".
Small Claims Tribunal (Suitors' Funds) Rules
17. Interpretation
Rule 2 of the Small Claims Tribunal (Suitors' Funds) Rules (Cap. 338 sub. leg.) is amended by repealing the definition of "adjudicator".
Coroners Ordinance
18. Interpretation
Section 2 of the Coroners Ordinance (Cap. 504) is amended by adding---
""deputy coroner" (暫委死因裁判官) means a person appointed under section 3A to be a deputy
coroner;".
19. Section added
The following is added before Part II---
"3A. Appointment of deputy coroners
(1) The Chief Justice may appoint a person who meets the requirement in section 3(2) to be a deputy coroner for such period and on such terms as he thinks fit. Such appointment shall be notified in the Gazette.
(2) Subject to the terms of appointment, a deputy coroner shall, during the period for which he is appointed, have all the jurisdiction, powers and privileges, and perform all the duties of a coroner and any reference in any law to a coroner shall be construed accordingly.
(3) Every appointment made in accordance with this section may be terminated by the Chief Justice at any time.
(4) Where an inquest conducted before a deputy coroner is adjourned or where findings is reserved therein, the deputy coroner shall have power to resume the inquest or to give the findings which he has reserved, notwithstanding that before the inquest is resumed or findings is given, his appointment has expired or has been terminated.".
Oaths and Declarations Ordinance
20. Schedule 3 amended
Schedule 3 to the Oaths and Declarations Ordinance (Cap. 11) is amended, in Part II, by adding at the end---
"Deputy Presiding Officer, Labour Tribunal
Deputy Magistrate
Deputy Adjudicator, Small Claims Tribunal
Temporary Member, Lands Tribunal
Deputy Coroner".
PART IV
Miscellaneous
Jury Ordinance
21. Interpretation
Section 2 of the Jury Ordinance (Cap. 3) is amended, in the definition of "proceedings", by repealing "inquiry under the Coroners Ordinance (Cap. 14)" and substituting "inquest under the Coroners Ordinance (Cap. 504)".
22. Qualifications and disabilities
Section 4(1) is amended by repealing "inquiry under the Coroners Ordinance (Cap. 14)" and substituting "inquest under the Coroners Ordinance (Cap. 504)".
23. Fining of juror for non-attendance, etc.
Section 32(1) is amended by repealing "of $3,000" and substituting "at level 2".
Official Languages Ordinance
24. Judicial proceedings
Section 5 of the Official Languages Ordinance (Cap. 5) is amended---
(a) in subsection (1), by repealing "Subject to section 6, a" and substituting "A";
(b) in subsection (4), by repealing "and subject to section 6".
25. Transitional arrangements
Section 6 is repealed.
Oaths and Declarations Ordinance
26. Taking and receiving declarations
Section 12 of the Oaths and Declarations Ordinance (Cap. 11) is amended by adding a comma after "notary".
27. Oaths of Clerk and Deputy Clerk
to the Executive Council
Section 20 is amended by repealing "Administrative Secretary" and substituting "Chief Secretary for Administration".
Births and Deaths Registration Ordinance
28. Forms
The Second Schedule to the Births and Deaths Registration Ordinance (Cap. 174) is amended, in Form 18, in Part III, in paragraph 1---
(a) by repealing "via the Commissioner of Police";
(b) by repealing the full stop and substituting "and submit a copy of the report to the Commissioner of Police at the same time.".
Magistrates Ordinance
29. Power to sentence person using insulting
language to or concerning magistrate
Section 99 of the Magistrates Ordinance (Cap. 227) is amended by repealing "of $2,000 or to imprisonment for 2 months" and substituting "at level 3 and to imprisonment for 6 months".
30. Provision as to entry of appeal
Section 116(1) is amended---
(a) by repealing "So soon as an appellant has complied with the provisions of section 114(c), with respect to entering into a recognizance or giving other security" and substituting "As soon as practicable after the appellant has lodged a notice of appeal";
(b) by repealing "and the recognizance, if any, and a statement as to any other security given by the appellant,".
31. Second Schedule amended
The Second Schedule is amended---
(a) in Part I, in item 7, by repealing "出版" and substituting "發布";
(b) in Part III, in item 7, by repealing "出版" and substituting "發布".
32. Fourth Schedule amended
The Fourth Schedule is amended by repealing---
"Civil Aviation Department
(i) Airport Manager (a) Any offence under the Public
(ii) Assistant Airport Manager Cleansing and Prevention of
(iii) Senior Airfield Supervisor Nuisances (Urban Council)
(iv) Airfield Supervisor By-laws (Cap. 132 sub. leg.).
(v) Senior Foreman (b) Any offence under the Public
(vi) Foreman Cleansing and Prevention of
(vii) Transport Assistant I Nuisances (Regional Council)
(viii) Transport Assistant II By-laws (Cap. 132 sub. leg.).".
Magistrates (Forms) Rules
33. Schedule amended
The Schedule to the Magistrates (Forms) Rules (Cap. 227 sub. leg.) is amended, in Part VI, in Form 105, in paragraph 7, by repealing "Law Society Legal Advice & Duty Lawyer Schemes" and substituting "Duty Lawyer Service".
Places for Autopsies Order
34. Schedule amended
The Schedule to the Places for Autopsies Order (Cap. 504 sub. leg.) is amended, in item 17, by
repealing "維" and substituting "域".
Coroners (Forms) Rules
35. Schedule amended
The Schedule to the Coroners (Forms) Rules (Cap. 504 sub. leg.) is amended, in Form 1, by
repealing "特徵" where it first appears and substituting "認屍人".
Mutual Legal Assistance in Criminal Matters Regulation
36. Appointment of process server
Section 8 of the Mutual Legal Assistance in Criminal Matters Regulation (Cap. 525 sub. leg.) is amended by repealing everything after "shall be" and substituting "the Chief Bailiff or his authorized agent.".
Explanatory Memorandum
This Bill proposes certain amendments to a number of legislative provisions, none of which warrant a separate Bill.
2. Part II seeks to remove the requirement that judicial proceedings shall be adjourned when the Red rainstorm warning is in force. This amendment aims at an efficient use of court time as a Red rainstorm warning is usually of short duration and public transportation will be available.
3. Part III deals with temporary judicial appointments to the Lands Tribunal, the Labour Tribunal, Magistracies and Coroners' Court. At present, when magistrates, coroners, members to the Lands Tribunal, or presiding officers of the Labour Tribunal are appointed on a temporary basis, the appointing authority is taken to be the same as that of permanent appointments, i.e. the Chief Executive. Chief Justice is, however, empowered under the High Court Ordinance (Cap. 4), the District Court Ordinance (Cap. 336) and the Small Claims Tribunal Ordinance (Cap. 338) to appoint deputy judges of the Court of First Instance, deputy District Judges and deputy adjudicators respectively. To standardize the practice across all levels of court, the authority for the appointment of temporary judicial officers under the Bill is vested with the Chief Justice. Clause 20 is a consequential amendment
to the Oaths and Declarations Ordinance (Cap. 11) by adding the titles of temporarily appointed judicial officers to the list of officers required to take the Judicial Oath.
4. Part IV contains miscellaneous amendments to various Ordinances and subsidiary legislation, some of which are set out below---
(a) Clause 21 amends the Jury Ordinance (Cap. 3) as it contains a cross reference to the repealed Coroners Ordinance (Cap. 14). The Coroners Ordinance (Cap. 504) was enacted to replace the Coroners Ordinance (Cap. 14) and certain wordings in the Jury Ordinance are amended to follow that under the Coroners Ordinance (Cap. 504);
(b) Clause 25 repeals section 6 of the Official Languages Ordinance (Cap. 5). All court proceedings can now be conducted in either official languages and the transitional function of section 6 of that Ordinance is spent;
(c) Clause 27 amends section 20 of the Oaths and Declarations Ordinance (Cap. 11) by updating the English title of "Administrative Secretary" as the Declaration of Change of Titles (General Adaptation) Notice 1997 (L.N. 362 of 1997) does not incorporate such change;
(d) Clause 28 amends the Births and Deaths Registration Ordinance (Cap. 174) in so far as the duties of a registered medical practitioner under the Coroners Ordinance (Cap. 504) is concerned. The wordings in the Births and Deaths Registration Ordinance are amended along the lines as provided under the Coroners Ordinance (Cap. 504);
(e) Clause 29 amends section 99 of the Magistrates Ordinance (Cap. 227) to increase the penalty for using insulting language involving a magistrate and this approach will be in line with the proposed penalty level for similar offences committed in the Small Claims Tribunal or the Labour Tribunal;
(f) Clause 30 amends section 116(1) of the Magistrates Ordinance (Cap. 227) as that section contains a cross reference to section 114(c) of that Ordinance which was repealed under section 65
of the Administration of Justice (Miscellaneous Provisions) Ordinance 1995 (13 of 1995);
(g) Clause 31 amends the Chinese text of the Second Schedule to the Magistrates Ordinance (Cap. 227) to adopt the same Chinese equivalent for "publishing" and its cognate expressions in similar context in the Defamation Ordinance (Cap. 21);
(h) Clause 32 repeals all the entries relating to the Civil Aviation Department in the Fourth Schedule to the Magistrates Ordinance (Cap. 227) as it contains titles of posts of the Civil Aviation Department which are no longer in existence after closure of the Kai Tak Airport;
(i) Clause 33 amends the Schedule to the Magistrates (Forms) Rules (Cap. 227 sub. leg.) by replacing an outdated reference with the current title of the "Duty Lawyer Service";
(j) Clause 34 amends the Chinese name of one of the mortuaries in the Schedule to the Places for Autopsies Order (Cap. 504 sub. leg.) so that the legislative intention will be accurately reflected;
(k) Clause 35 amends the Chinese text of the Schedule to the Coroners (Forms) Rules (Cap. 504 sub. leg.) so that the legislative intention will be better reflected;
(l) Clause 36 amends the Mutual Legal Assistance in Criminal Matters Regulation (Cap. 525 sub. leg.) to enable the Chief Bailiff's authorized agent, apart from the Chief Bailiff, to perform the service of foreign process.
