Budget constraints: Despite funding cuts, the quality of justice must be maintained Chief Justice Andrew Li said at the Ceremonial Opening of the Legal Year 2003.

The quality of justice must be maintained despite the substantial funding cuts facing the Judiciary, Chief Justice Andrew Li said at the Ceremonial Opening of the Legal Year 2003.

The likely consequence of reduced spending is that waiting times will be lengthened at all levels of court, Mr Li said. "That is, the time taken to obtain a hearing date will be longer than at present. And it may not be possible to maintain the service to the community in areas such as court registries at present levels."

Then Mr Li reminded the audience that the Judiciary may have to consider shelving capital projects, the possible merger of Magistrates' Courts and rationalisation of resources. "Further, the Judiciary will have to reduce the number of temporary judges at all levels and may have to leave some judicial posts vacant."

He added: "It is only right that the likely consequences of the budgetary constraints should be frankly explained to the community at an early stage."

One result of the spending cuts will be a return to City Hall for the Opening of the Legal Year in 2004 rather than this year's venue, the Hong Kong Convention & Exhibition Centre.

Mr Li noted that judicial remuneration has been frozen, pending a consultancy report by Sir Anthony Mason, the eminent former Chief Justice of Australia and a distinguished non-permanent member of Hong Kong's Court of Final Appeal. When the study is completed in the first quarter of 2003, judges and judicial officers will be consulted.

"Any appropriate system would need to recognise the fundamental principle of the independence of the Judiciary and to have safeguards for protecting that independence," Mr Li said.

The Rule of Law figured prominently in Mr Li's address. The last five and a half years, he said, had witnessed "momentous constitutional developments in the new order. We have had to face various challenges in implementing the imaginative concept of 'one country, two systems'."

The community has a role to play on all matters concerning the rule of law, he said. "Debate in the community is essential. And it is always important that debate is conducted calmly, rationally and thoroughly. This applies to discussion of court judgments as well as to debate on the formulation of new laws. Debate on these issues is not and should not be regarded as a tussle of strength involving government and polarised sections of the community, with victories and defeats.

"It would be a very sad day if this were so."

Many issues concerning the rule of law are controversial, Mr Li said, with diverse views held by different people. With controversial issues, it is all the more important that there is a meaningful dialogue conducted on the basis of mutual respect.

"There must be a will by all concerned to listen to, understand, and learn from other points of view. This applies to both Government and those who agree with it as well as to their critics. It is only through reasoned and vigorous debate that one can hope to find constructive solutions to difficult problems," he said.

Mr Li outlined several other judiciary developments.

* In response to the Consultative Paper on Civil Justice Reform, 96 submissions were received and the Working Party is studying them. In considering its recommendations for the Final Report, it has the benefit not only of the many views expressed in these submissions but also of the experience of reform in a number of overseas jurisdictions, in particular, England's Woolf reforms that have been implemented since April 1999.  private sector. The Final Report is expected to be ready in the second half of this year.

* There is public interest in encouraging reasonable transparency in the legal services market, to ensure that the public is given access to information relevant to a choice of legal representation including information concerning fees, expertise and experience. Unfortunately, Mr Li noted, members have not approved recent proposals and Bar Council attempts to revise the relevant rules to enhance transparency have been unsuccessful. "This is disappointing. It is my duty to remind all concerned that the Bar as a profession has the important responsibility to review and revise its rules and practices from time to time to ensure that they continue to be justified in the public interest."

* The District Court's civil jurisdiction was increased to $600,000 on September 1, 2000 and has proceeded smoothly. Subject to review, it is expected that the jurisdiction will be further increased to $1 million after two years.

* A Steering Committee has been working on the establishment of the Resource Centre for Unrepresented Litigants that should be ready in the latter half of this year. It will provide facilities to help unrepresented litigants deal with court procedure and facilitate access to pro bono legal services. The number of such litigants is expected to increase in difficult economic times, Mr Li suggested.

* The Technology Court will soon be opened in the High Court, but made available for use by courts and tribunals at all levels. It offers facilities for multimedia presentations and an electronic documentation and exhibits handling system.

The Chief Justice also highlighted the presence of the President of the Court of Final Appeal of the Macau Special Administrative Region,  Sam Hou Fai, and his senior colleagues, their first attendance at this function.