According to the judicial authorities, as of the end of March this year, the average waiting time for most civil cases at all levels of courts has generally met the standards.
However, with the exception of certain categories of criminal cases handled by the High Court’s original jurisdiction, the average waiting time for most criminal legal procedures has significantly improved.
Documents submitted by the judiciary to the Legislative Council’s Panel on Administration of Justice and Legal Services indicated that the total number of cases in the High Court’s original jurisdiction increased by 18% from around 16,615 cases in 2022 to approximately 19,667 cases last year.
Among them, the number of criminal cases, including those related to the anti-extradition movement and national security, doubled from 223 cases in 2022 to 446 cases in 2023.
Furthermore, since May 2023, the judiciary has scheduled more hearings for delivery of judgment at the Court of First Instance, leading to a significant increase in the number of cases appearing before the original jurisdiction. This has resulted in a notable rise in the cases for defense and sentencing that the original jurisdiction needs to handle, with the expected trend of an ongoing increase in the number of such cases.
The documents pointed out that as of the end of March 2024, the average waiting time for all other criminal legal procedures at the Court of First Instance remains relatively long. Mainly due to national security cases requiring the adjudication of three criminal judges, exerting more pressure on judicial resources.
National security cases are generally more complex, requiring a longer time to complete necessary pre-trial steps and procedures, conduct case management hearings, and prepare for trial, as well as a longer time for the preparation of judgment.
The judiciary also noted that the trial periods for cases related to the anti-extradition movement and national security often significantly exceed expectations. Coupled with the limited number of criminal judges, around 40 criminal cases originally assigned to them need to be rescheduled.
The documents indicate that the average waiting time from filing a public prosecution to hearing on the fixed trial date for criminal cases at the Court of First Instance was 370 days as of the end of March this year, exceeding 18 days and 47 days from the previous two years. Regarding civil cases with fixed trial dates, the average waiting time from scheduling to hearing was 171 days at the end of March this year, surpassing 13 days from the previous year.
It is anticipated that in about two years, as more national security cases conclude and with the recruitment process completed by the end of 2023, along with the appointment of more judges to the Court of First Instance in the second half of 2024, there will be a more pronounced improvement in waiting times.
Overall, the total number of cases handled by the judiciary is higher than in previous years. Approximately 527,000 cases were handled in 2023, representing a 9% increase from 2022 and a 4% increase from 2019.