The hopelessly deficient system of compensation for accident victims has long been a cause of shame in Hong Kong, and the announcement that the Judiciary is to look at ways to improve it is welcome.
The present procedure urgently needs upgrading to a more humane and efficient process. In the past cases have dragged on for years after the claimant was injured. People regularly had to wait a decade or more before their claim was heard. Some even died before their case reached the courts and frequently the amount awarded for injuries which deprived the victim of any form of normal life, or any possibility of earning their own living, was to be derisory.
Courts have now begun to take a more just approach. Two specialist judges deal with compensation cases and a check is kept on pending cases to see they are not sidelined. But the procedure is still unsatisfactory. The complaint that it is unreasonably slow is directed not at the courts themselves, but at the process beforehand.
Blame has been laid at the door of the Legal Aid Department for appointing lawyers who were dilatory or inefficient. Their lack of professionalism has caused unacceptable financial hardship not just to the unfortunate victims, but to the people left to care for them.
In current practice, cases are monitored from the start and given to lawyers with a proven track record. But the Judiciary has recognised that more needs to be done to bring Hong Kong into line with the way the rest of the developed world handles industrial injury cases.
The Chief Justice, Andrew Li Kwok-nang, is thought to favour a mediation scheme similar to those used abroad. Specialist mediators help victims to reach a quick settlement. There are many benefits in this, not least that it brings more personal contact between the victim and the compensation process than can be achieved in the intimidating surroundings of a courtroom.
