PD33 Section 80 of the District Court Ordinance, Cap. 336

PRACTICE DIRECTION – 33

SECTION 80 OF THE DISTRICT COURT ORDINANCE, CAP. 336

A. Preamble

1. With effect from 24 December 2014 when Part 4 of the Administration of Justice (Miscellaneous Provisions) Ordinance 2014 comes into operation, District Judges exercising the criminal jurisdiction of the District Court will have the flexibility to hand down the reasons for a verdict in writing in addition to the present mode of oral delivery.  The amendment is aimed at increasing the cost-effectiveness of the practice of the court and to ensure that the resources of the court are distributed fairly.

B. Mode of delivery of the reason for the verdict

2. In a typical case, after the close of final submissions, the District Judge will adjourn the proceedings to a specified date for verdict.  The parties and their trial counsel/solicitor(s) will need to attend the District Court on the date specified.  The verdict will be delivered orally,and be preceded or followed by the reasons for the verdict which may be delivered either orally or in writing in the absolute discretion of the District Judge.

C. Considerations  for the delivery method

3. The District Judge will generally take all relevant considerations into account in deciding whether the reasons should be delivered orally or in writing, including but not limited to the following considerations:-

(a) the nature and complexity of the case;
(b) the estimated duration needed for the oral delivery of the reasons for verdict;
(c) the availability of legal representation;
(d) the background of the parties concerned, such as language fluency and special needs of the parties; and
(e) the views of the parties (if any).

4. Reasonable time would be afforded to the parties to peruse the reasons for verdict delivered in writing before the court proceeds to deal with other matters such as mitigation, sentence, costs and disposal of exhibits.

D. Commencement Date

5. This Practice Direction shall come into effect on 24 December 2014.

Dated this 22^nd December 2014.