LC: Speech by CS for proposed resolutions under Criminal Procedure Ordinance and Coroners Ordinance
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President,
I move that the first Resolution standing in my name on the Agenda be passed to seek the approval of the Legislative Council for the Criminal Procedure (Witnesses' Allowances) (Amendment) Rules 2021 made by the Criminal Procedure Rules Committee under section 9B of the Criminal Procedure Ordinance. I will also shortly be moving the second Resolution standing in my name be passed to seek the approval of the Legislative Council for the Coroners (Witnesses’ Allowances) (Amendment) Rules 2021 made by the Chief Justice under section 54 of the Coroners Ordinance.
At present, the maximum allowance payable to ordinary witnesses in criminal proceedings and coroners' inquests is $575 for each day of attendance or $285 for not exceeding four hours of attendance. The maximum allowance for professional and expert witnesses is higher, at $3,065 for each day of attendance or $1,530 for not exceeding four hours of attendance.
Under the adjustment mechanism approved by the Finance Committee of the Legislative Council, changes to the rate of allowance for ordinary witnesses would be made in accordance with the movements in the overall Median Monthly Employment Earnings of Employees (MMEE) in Hong Kong while those for professional and expert witnesses would be made in accordance with the changes in the mid-point salary of a Government Medical and Health Officer. The Finance Committee has also delegated the authority to approve the relevant adjustments to the Secretary for Financial Services and the Treasury (SFST).
The existing rates of allowances were set in January 2020 based on the biennial review conducted in 2018. The Judiciary Administration (JA) reviewed the rates of allowances in 2020. Taking into account the movements in the overall MMEE and the mid-point salary of a Government Medical and Health Officer from the third quarter of 2018 to the third quarter of 2020, the JA proposed and the SFST approved to increase the maximum rate of allowance for ordinary witnesses from $575 to $615 for each day of attendance and from $285 to $305 for not exceeding four hours of attendance. For professional and expert witnesses, the maximum rate of allowance would be increased from $3,065 to $3,210 for each day of attendance and from $1,530 to $1,600 for not exceeding four hours of attendance. These adjustments aim to maintain the real value of the rates of allowances to minimise any financial loss suffered by members of the public testifying as witnesses in courts.
President, the Criminal Procedure (Witnesses' Allowances) (Amendment) Rules 2021 and the Coroners (Witnesses' Allowances) (Amendment) Rules 2021 seek to implement the new rates of allowances. I invite Members to approve the two Resolutions. Thank you, President.
Ends/Wednesday, May 5, 2021
Issued at HKT 15:03
Issued at HKT 15:03
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