THE Report in the South China Morning Post on Friday, the July 16 whereby the Court of Appeal attacked a District Court Judge for ''completely mishandling a Divorce Maintenance Suit'' yet again highlights the failure of the Hongkong judiciary to recognise the importance of establishing a respectable and respected family court. In matters of finance, commerce and technology, no expense is spared in ensuring that Hongkong is a front runner. In the matter of a family court, where the issues are people's lives and livelihood, and decisions are made about the future of children - the children who will lead Hongkong past 1997 and into the 21st century - Hongkong remains in the dark ages. I have recently returned from the First World Congress on Family Law and Children's Rights held in Sydney. Lawyers from around the world joined in debates concerning the responsibility of the judiciary and those practising in this field of law towards families facing the trauma of divorce, the division of their assets and their children living apart from them. In every civilised and modern jurisdiction, the principle of a specialised family court had been established. Hongkong, together with Singapore, the Philippines and Ghana, West Africa (to name a few of the very few) had no contribution to make in terms of the positive support that is given to people coming to a family court, when facing the disintegration of their existing lives. Judge Mahony, the Principal Family Court Judge in New Zealand told the conference that in a country with a population of 3.3 million a specialist family court had been set up in 1981. Its judges would qualify for appointment only ''by reason of training, experience and personality as a suitable person to deal with matters of family law''. 29 specialist judges serve New Zealand. Judge Alan Barbett, the Deputy Chief Justice of the Family Court of Australia explained how, notwithstanding the very shaky start of the family court in Australia in 1975 that ''Dollar by hard fought dollar, the court's income was increased by Government. More judges were appointed. Funds became available for more registries, registrars, counsellors and support staff'', and that Court of Appeal judges increased their expertise in family law to ensure consistency. Sir Stephen Brown, President of the Family Division in England and Wales explained how over 100 judges at the district court level had been specifically selected to hear family cases, in addition to the high court judges and registrars who also determinefamily issues. In those three jurisdictions, and others like Japan, the US, Canada and much of Europe, encouragement was given and appointments made to judges who had genuine interest, concern and talent to practice in the field of family law. In all those jurisdictions, mediation, as a process prior to proceeding and during them, was not only encouraged, but often positively required, in the recognition that much heartache and huge financial expense could be saved by talking things through rationally, without everyone constantly gearing up for combat in court. And what of Hongkong? Three district court judges who handle family court matters. Judges who change with alarming regularity. Judges who often join the family court to get their first experience of family law. No specialist family court high court judges at all. Only in Hongkong, it seems, is an appointment to the family court regarded as a sideways step rather than a career promotion. Only in Hongkong, it seems, do judges who want to handle family court matters fail to get so appointed and end up with criminal or commercial lists. The Family Law Association, of which I am Chairman, has campaigned endlessly for Hongkong to join the modern world in respect of family matters. Maybe the election of Mrs Lavender Patten as President of the FLA will assist that campaign. Hope must also be seen in the new appointment of Court Administrator, whoever he or she is to be. If we are at all concerned about the future of our children in Hongkong, and if we are at all prepared to afford a family court with the same respect and resources as a commercial court, then the new Court Administrator, together with the Chief Justice must enable the judiciary to join the ranks of the modern, enlightened family court world. SHARON A. SER Central
