MESSAGE

         A credible, independent and strong judicial system underpins Hong Kong's stability and success. We are committed to increasing the openness, transparency and accountability of the Judiciary's administration and to maintaining an effective and efficient judicial system capable of upholding the rule of law and safeguarding the freedom of the individual. This document explains how we intend to achieve these commitments.

         We are pleased that satisfactory progress has been made in achieving the targets set in 1996 and we are committed to improving our performance further. We welcome any comments which you may have on it.

(Ms Alice Tai)
Judiciary Administrator

INTRODUCTION

         The Hong Kong Special Administrative Region (HKSAR) Government is committed to ensuring that it is open and fully accountable to the people of Hong Kong. Policies, aims and programmes must be clear to all so that the Government can be accountable for their delivery. With greater clarity of purpose and accessibility, the public can better assess our performance and help us improve our quality of service.

         The Policy Programmes, which underpin the Policy Address delivered by the Chief Executive in October 1997, explain the objectives and ongoing work of each Policy Bureau and its supporting departments, as well as Department of Justice, Office of the Judiciary Administrator, Independent Comission Against Corruption and the Administration Wing of the Chief Secretary for Administration's Office, and their proposed new commitments for the coming year. They are set out in three sections:

• Objectives state the overall objectives of the Government according to each programme area, in particular, responsibilities in relation to implementing the Basic Law are spelt out.

• Major Programme Areas list the aims and the important features of each programme area. An overview of the current situation and key performance indicators are given. This section also sets out the Government's new commitments for the coming year.

• Into the 21st Century describes the vision of the Government for a better Hong Kong as we enter the 21st Century and the plans we are making to meet our long-term needs.

Objectives

         The Judiciary's objective is to maintain an effective and efficient system of justice. We seek to achieve this goal by further:

• enhancing the efficiency of the courts and keeping waiting times to reasonable levels; and

• upgrading the services of the Judiciary to support the operation of courts.

         These commitments are part of our effort to maintain a strong and independent judicial system in Hong Kong, capable of upholding the rule of law and safeguarding the freedom of the individual, in accordance with the Basic Law. In 1997-98, we will further modernise court operations and support services, provide bilingual court reporting services and facilitate the use of Chinese in courts.

Implementing the Basic Law

         The requirements of the relevant articles of the Basic Law, as listed at Annex, have been reflected in the Judiciary's objectives. With the establishment of the Court of Final Appeal on 1 July 1997, it is now Hong Kong's highest appellate court. We will ensure the smooth operation of the Court of Final Appeal, continue with our programmes to modernise the management and practices of the Judiciary and provide the necessary resources and training to extend the use of the Chinese language in our court system.

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Major Programme Areas

         The Judiciary is responsible for two major programme areas:

1. Courts, Tribunals and Registry Services; and

2. Support Services for Courts' Operations.

A. Courts, Tribunals and Registry Services

Aims

         The Judiciary's aims are:

• to ensure that the common law is maintained and developed in Hong Kong taking into account relevant developments in other common law jurisdictions;

• to ensure that the courts of justice operate fairly and independently;

• to maximise utilisation of court time;

• to ensure that courts and tribunals maintain their high quality and reputation in the administration of justice by the appointment of professionally qualified and experienced judicial officers;

• to keep the waiting time between filing and hearing of a case within reasonable limits; and

• to provide efficient and effective registry services.

Overview

Court waiting times

         We have significantly reduced court waiting times over the past few years. For example, the waiting time for criminal and civil cases in the District Court has been reduced from more than 200 days in 1994 to about 100 days now; the processing time for Labour Tribunal cases was about 300 days in 1994 but now most cases can be concluded within 60 days. Waiting time in most courts are now within what court users consider to be reasonable periods. For the few courts in which waiting time has lengthened as a result of increased workload, long trials or other redeployment considerations, we have sought additional resources so that waiting times may be reduced.

         We compare favourably with major cities practising the common law system in court waiting times. With a smaller number of judicial officers, we are, at almost every level, able to bring both civil and criminal matters to a speedier conclusion than is achieved in these cities.

Court of Final Appeal

         The Court of Final Appeal was established on 1 July 1997 to replace the Judicial Committee of the Privy Council in London as Hong Kong's highest appellate court. It exercises the power of final adjudication as provided in Article 82 of the Basic Law.

Key Indicators

         In 1996-97, the key performance measures in respect of courts are:

Average Waiting Time (days)

New Commitments

1. We will organise continuing judicial education and training for serving judges and judicial officers to enable them to keep abreast of developments in the common law and other areas relevant to the performance of judicial duties.
2. We will arrange for judges and judicial officers to regularly participate in international conferences to maintain Hong Kong's link with other common law jurisdictions.

B. Support Services for Courts' Operation

Aims

         The aims of the Judiciary are:

• to provide effective court reporting services for court proceedings and produce transcripts for these proceedings;

• to ensure that the Chinese language, along with the English language, can be used in the court system;

• to provide efficient and effective bailiff services to the public; and

• to keep the best legal reference books and research materials for the use of judges, judicial officers and the legal profession.

Overview

Bilingual court system

         We have put in place before 30 June 1997 a bilingual court system in which either or both of the official languages can be used, in accordance with the requirement stipulated in Article 9 of the Basic Law. We will continue with our programme to facilitate the wider use of the Chinese language in courts.

Court reporting services

         Within about two years, we have provided all courtrooms (158) outside the High Court with a digital audio recording and transcription service. Trial time has, as a result, been shortened and full and accurate records of all proceedings are kept. Moreover, transcripts can now be produced in the language of the trial, whether it be Chinese or English. The ability of the new recording system to produce Chinese transcripts facilitates the wider use of Chinese in courts. This service is being extended to the High Court to replace the traditional manual system of court reporting which can only cope with trials in English.

Court interpretation services

         We provided in the past year about 32 760 man-days of court interpretation services for courts at all levels.

         The Judiciary has implemented various modernisation and efficiency programmes to improve court administration. We compare well with other common law jurisdictions in terms of technology applications and management.

Key Indicators

         In 1996-97, the key performance measures in respect of Judiciary support services are:

New Commitments

1. We will organise specially designed language courses for bilingual judges and judicial officers to help them in the use of Chinese in court proceedings.
2. We will compile a glossary of legal terms and phrases commonly used in courts to provide judges and judicial officers with a practical tool for use in Chinese trials and ensure consistency in the use of such terms and phrases.
3. We will conduct a feasibility study for implementing Phase III of the Judiciary's computerisation programme. It will examine the extension of the computerisation achieved in the previous two phases, integration of the Judiciary's existing systems and, where desirable, their interface with outside systems, such as the main legal services and prosecuting departments, which have frequent interactions with the courts.
4. We will produce a new series of pamphlets on courts and court services and videos on the Judiciary to promote public understanding on the judicial system and court services.

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Into the 21st Century

         A credible judicial system and the rule of law underpin Hong Kong's present-day success. If the people of Hong Kong are to have confidence in their judicial system, the courts must be seen to be capable of dispensing justice independently, within a reasonable period of time and in a language which the vast majority of people can understand. We have embarked on a programme to achieve these objectives by modernising the management and practices of the Judiciary, by adopting a user-oriented culture and by putting in place a court system in which the Chinese language, along with the English language, can be used. We are determined to maintain the momentum of change so that we will achieve concrete and visible improvements in the quality of our service.

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Chapter I: General Principles

Article 2

         The National Peoples' Congress authorizes the Hong Kong Special Administrative Region to exercise a high degree of autonomy and enjoy executive, legislative and independent judicial power, including that of final adjudication, in accordance with the provisions of this Law.

Article 8

         The laws previously in force in Hong Kong, that is, the common law, rules of equity, ordinances, subordinate legislation and customary law shall be maintained, except for any that contravene this Law, and subject to any amendment by the legislature of the Hong Kong Special Administrative Region.

Article 9

         In addition to the Chinese language, English may also be used as an official language by the executive authorities, legislature and judiciary of the Hong Kong Special Administrative Region.

Chapter II: Relationship between the Central Authorities and the Hong Kong Special Administrative Region

Article 18

         The laws in force in the Hong Kong Special Administrative Region shall be this Law, the laws previously in force in Hong Kong as provided for in Article 8 of this Law, and the laws enacted by the legislature of the Region.

         ......

Article 19

         The Hong Kong Special Administrative Region shall be vested with independent judicial power, including that of final adjudication.

         The courts of the Hong Kong Special Administrative Region shall have jurisdiction over all cases in the Region, except that the restrictions on their jurisdiction imposed by the legal system and principles previously in force in Hong Kong shall be maintained.

         The courts of the Hong Kong Special Administrative Region shall have no jurisdiction over acts of state such as defence and foreign affairs. The courts of the Region shall obtain a certificate from the Chief Executive on questions of fact concerning acts of state such as defence and foreign affairs whenever such questions arise in the adjudication of cases. This certificate shall be binding on the courts. Before issuing such a certificate, the Chief Executive shall obtain a certifying document from the Central People's Government.

Chapter IV: Political Structure

Section 1: The Chief Executive

Article 48

         The Chief Executive of the Hong Kong Special Administrative Region shall exercise the following powers and functions:

         ......

         ......

Section 3: The Legislature

Article 73

         The Legislative Council of the Hong Kong Special Administrative Region shall exercise the following powers and functions:

         ......

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Section 4: The Judiciary

Article 80

         The courts of the Hong Kong Special Administrative Region at all levels shall be the judiciary of the Region, exercising the judicial power of the Region.

Article 81

         The Court of Final Appeal, the High Court, district courts, magistrates' courts and other special courts shall be established in the Hong Kong Special Administrative Region. The High Court shall comprise the Court of Appeal and the Court of First Instance.

         The judicial system previously practised in Hong Kong shall be maintained except for those changes consequent upon the establishment of the Court of Final Appeal of the Hong Kong Special Administrative Region.

Article 82

         The power of final adjudication of the Hong Kong Special Administrative Region shall be vested in the Court of Final Appeal of the Region, which may as required invite judges from other common law jurisdictions to sit on the Court of Final Appeal.

Article 83

         The structure, powers and functions of the courts of the Hong Kong Special Administrative Region at all levels shall be prescribed by law.

Article 84

         The courts of the Hong Kong Special Administrative Region shall adjudicate cases in accordance with the laws applicable in the Region as prescribed in Article 18 of this Law and may refer to precedents of other common law jurisdictions.

Article 85

         The courts of the Hong Kong Special Administrative Region shall exercise judicial power independently, free from any interference. Members of the judiciary shall be immune from legal action in the performance of their judicial functions.

Article 86

         The principle of trial by jury previously practised in Hong Kong shall be maintained.

Article 87

         In criminal and civil proceedings in the Hong Kong Special Administrative Region, the principles previously applied in Hong Kong and the rights previously enjoyed by parties to proceedings shall be maintained.

         Anyone who is lawfully arrested shall have the right to a fair trial by the judicial organs without delay and shall be presumed innocent until convicted by the judicial organs.

Article 88

         Judges of the courts of the Hong Kong Special Administrative Region shall be appointed by the Chief Executive on the recommendation of an independent commission composed of local judges, persons from the legal profession and eminent persons from other sectors.

Article 89

         A judge of a court of the Hong Kong Special Administrative Region may only be removed for inability to discharge his or her duties, or for misbehaviour, by the Chief Executive on the recommendation of a tribunal appointed by the Chief Justice of the Court of Final Appeal and consisting of not fewer than three local judges.

         The Chief Justice of the Court of Final Appeal of the Hong Kong Special Administrative Region may be investigated only for inability to discharge his or her duties, or for misbehaviour, by a tribunal appointed by the Chief Executive and consisting of not fewer than five local judges and may be removed by the Chief Executive on the recommendation of the tribunal and in accordance with the procedures prescribed in this Law.

Article 90

         The Chief Justice of the Court of Final Appeal and the Chief Judge of the High Court of the Hong Kong Special Administrative Region shall be Chinese citizens who are permanent residents of the Region with no right of abode in any foreign country.

         In the case of the appointment or removal of judges of the Court of Final Appeal and the Chief Judge of the High Court of the Hong Kong Special Administrative Region, the Chief Executive shall, in addition to following the procedures prescribed in Articles 88 and 89 of this Law, obtain the endorsement of the Legislative Council and report such appointment or removal to the Standing Committee of the National People's Congress for the record.

Article 91

         The Hong Kong Special Administrative Region shall maintain the previous system of appointment and removal of members of the judiciary other than judges.

Article 92

         Judges and other members of the judiciary of the Hong Kong Special Administrative Region shall be chosen on the basis of their judicial and professional qualities and may be recruited from other common law jurisdictions.

Article 93

         Judges and other members of the judiciary serving in Hong Kong before the establishment of the Hong Kong Special Administrative Region may all remain in employment and retain their seniority with pay, allowances, benefits and conditions of service no less favourable than before.

         The Government of the Hong Kong Special Administrative Region shall pay to judges and other members of the judiciary who retire or leave the service in compliance with regulations, including those who have retired or left the service before the establishment of the Hong Kong Special Administrative Region, or to their dependants, all pensions, gratuities, allowances and benefits due to them on terms no less favourable than before, irrespective of their nationality or place of residence.

Article 94

         On the basis of the system previously operating in Hong Kong, the Government of the Hong Kong Special Administrative Region may make provisions for local lawyers and lawyers from outside Hong Kong to work and practise in the Region.

Article 95

         The Hong Kong Special Administrative Region may, through consultations and in accordance with law, maintain juridical relations with the judicial organs of other parts of the country, and they may render assistance to each other.

Article 96

         With the assistance or authorization of the Central People's Government, the Government of the Hong Kong Special Administrative Region may make appropriate arrangements with foreign states for reciprocal juridical assistance.

Section 6: Public Servants

Article 104

         When assuming office, the Chief Executive, principal officials, members of the Executive Council and of the Legislative Council, judges of the courts at all levels and other members of the judiciary in the Hong Kong Special Administrative Region must, in accordance with law, swear to uphold the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China and swear allegiance to the Hong Kong Special Administrative Region of the People's Republic of China.

Chapter VIII: Interpretation and Amendment of the Basic Law

Article 158

         ......

         The Standing Committee of the National People's Congress shall authorize the courts of the Hong Kong Special Administrative Region to interpret on their own, in adjudicating cases, the provisions of this Law which are within the limits of the autonomy of the Region.

         The courts of the Hong Kong Special Administrative Region may also interpret other provisions of this Law in adjudicating cases. However, if the courts of the Region, in adjudicating cases, need to interpret the provision of this Law concerning affairs which are the responsibility of the Central People's Government, or concerning the relationship between the Central Authorities and the Region, and if such interpretation will affect the judgments on the cases, the courts of the Region shall, before making their final judgments which are not appealable, seek an interpretation of the relevant provisions from the Standing Committee of the National People's Congress through the Court of Final Appeal of the Region. When the Standing Committee makes an interpretation of the provisions concerned, the courts of the Region, in applying those provisions, shall follow the interpretation of the Standing Committee. However, judgments previously rendered shall not be affected.

         ......

Note

         In addition, all Bureaux/Departments, as well as Department of Justice, Office of the Judiciary Administrator, Independent Commission Against Corruption and the Administration Wing of the Chief Secretary for Administration's Office, have joint responsibility for the implementation of the following articles:

Articles 11 (first paragraph), 16, 56 (second paragraph), 62(1) and (2), 64, 142, 148, 149, 150, 151, 152, and 153.

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Policy Programme