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For discussion FCR(95-96)82
on 1 December 1995
ITEM FOR FINANCE COMMITTEE
HEAD 92 - LEGAL DEPARTMENT
Subhead 234 Court costs
Members are invited to approve supplementary provision of $22.8 million to meet anticipated increase in expenditure on court costs awarded against the Government.
The revised provision of the subhead is insufficient to meet anticipated expenditure on court costs for the remainder of the financial year.
2. The Chambers Manager, Legal Department (CM/LD) proposes supplementary provision of $22.8 million under Subhead 234 Court costs.
3. The outcome of litigation is difficult to predict. CM/LD therefore cannot forecast accurately the precise amount needed to meet court costs awarded against the Government when preparing the draft Estimates. The original provision in the 1995-96 Estimates is $32.6 million. In July this year, based on the information supplied by CM/LD, the Secretary for the Treasury approved, under delegated authority, supplementary provision of $8 million when it became apparent that the provision was inadequate.
4. CM/LD has recently conducted another review of this subhead and further supplementary provision is likely to be required for 1995-96. his conclusion is that a further $22.8 million would be needed for the remainder of 1995-96and the estimated expenditure for the remainder of the financial year, as follows -
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$
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Actual expenditure up to 17 October 1995
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29,316,745
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Add Estimated expenditure from 18 October 1995
to 31 March 1996
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33,984,000
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Sub-total
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63,300,745
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Less Approved provision for 1995-96
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32,600,000
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Supplementary provision approved by the Secretary for the Treasury in July 1995
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8,000,000
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Equals Supplementary provision now required
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22,700,745
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Say
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22,800,000
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Details of the major court cases contributing to the actual expenditure to 18 October and anticipated expenditure in the remainder of 1995-96 are set out in Enclosure 1.
5. If Members approve the proposal, the supplementary provision will be offset by deleting an equivalent amount under Head 106 Miscellaneous Services Subhead 251 Additional commitments.
6. In both criminal and civil cases, the court may award costs against one of the parties. The amount of costs payable is subject to negotiation between the two parties, failing which the bill has to be taxed, i.e. to be assessed by a Master of the Supreme Court.
7. Subhead 234 Court costs is a non-cash limited subhead. It is for the payment of costs awarded against the Government in civil and criminal cases.
8. In 1994, there were 460, 1 433 and 11 987 criminal cases in the High Court, District Court and Magistrates Court respectively. The conviction rates were 75.7%, 67.2% and 61% respectively.
9. A table showing the amount of court costs paid and recovered for the past five financial years is at Enclosure 2.
Legal Department
November 1995
Enclosure 1 to FCR(95-96)82
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$
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$
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I.
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Actual expenditure to 17 October 1995 -
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Civil cases
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(a)
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Inland Revenue Appeal No. 7/90 and
Civil Appeal No. 203/91
CIR V Chinachem Finance Co Ltd
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1,631,162
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(b)
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High Court Miscellaneous Proceedings 3071/93
Shimizu Corporation V AG - Arbitration
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560,000
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(c)
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25 cases of under $500,000 each
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4,258,445
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6,449,607
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Criminal cases
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(d)
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District Court No. 589/93
Tin Tin Daily News
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16,032,894
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(e)
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CA 166/94
Cheang Kuok-sam
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1,150,000
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(f)
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District Court No. 775/93
R V Lee Jim-teck
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950,000
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(g)
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High Court No. 18/90
R V Cham Siu-leun
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913,794
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(h)
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High Court No. 417/93 and 73/94
R V Lai Tik-kwan
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520,000
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(i)
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54 cases under $500,000 each
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3,300,450
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22,867,138
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Total
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29,316,745
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II.
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Estimated expenditure from 18 October 1995 to 31 March 1996 -
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Civil cases
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(j)
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High Court Miscellaneous Proceedings No. 4148/93 and Court of Appeal 55/94
CLP - Coroners Inquest - JR
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4,892,000
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(k)
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Inland Revenue Appeal No. 7/90 and
Civil Appeal No. 203/91
CIR V Chinachem Finance Co Ltd
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3,700,000
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(l)
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High Court Miscellaneous Proceedings No. 1193/90
Letter of Request from Malaysia
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1,280,000
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(m)
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High Court Miscellaneous Proceedings No. 600/94
Widearn Investment Ltd V The Buildings Ordinance Appeal Tribunal - JR
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955,000
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(n)
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High Court Miscellaneous Proceedings No. 1245/93 and Court of Appeal No. 49/94
Loui Wai Po, Ming Pao Holdings Ltd V Obscene Articles Tribunal
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932,000
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(o)
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Green Thumb Nursery Ltd V AG - Arbitration
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804,000
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(p)
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High Court Miscellaneous Proceedings No. 3420/92
China Motor Co Ltd V Commissioner for Transport
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654,000
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(q)
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Other cases of under $500,000 each
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767,000
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13,984,000
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Criminal cases
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(r)
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High Court No. 18/90
R V Sin Cho-chiu, Charles
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3,160,000
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(s)
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District Court No. 1127/92
R V Ling Kai-fai
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3,151,000
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(t)
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High Court No. 158/94
R V Chun Yeung
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1,099,000
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(u)
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High Court No. 303/94 and 15/95
R V Cheung Ming (D1), Tsui Ping-hei (D2) and Tsui Hoi (D4)
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1,025,000
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(v)
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High Court No. 273/94
R V Wong Jen
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839,000
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(w)
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District Court No. 116 and 117/92
R V Cheung Bik-kwong
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795,000
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(x)
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Other cases under $500,000 each
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9,931,000
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20,000,000
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Total
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33,984,000
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Grand -total
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63,300,745 |
Enclosure 2 to FCR(95-96)82
Financial year
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Number of cases
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Amount
paid
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Number of cases
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Amount recovered
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$000
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$000
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1990-91
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Civil cases
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31
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6,334
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490
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3,767
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Criminal cases
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135
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5,831
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2
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3
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Total for 1990-91
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166
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12,165
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492
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3,770
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1991-92
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Civil cases
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34
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14,494
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234
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7,850
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Criminal cases
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117
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6,287
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1
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1,979
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Total for 1991-92
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151
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20,781
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235
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9,829
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1992-93
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Civil cases
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33
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6,222
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649
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4,070
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Criminal cases
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130
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31,368
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4
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1,032
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Total for 1992-93
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163
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37,590
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653
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5,102
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1993-94
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Civil cases
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34
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5,167
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457
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6,745
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Criminal cases
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114
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12,424
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8
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6,873
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Total for 1993-94
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148
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17,591
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465
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13,618
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1994-95
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Civil cases
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56
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6,865
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526
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7,084
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Criminal cases
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128
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43,465
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6
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3,105
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Total for 1994-95
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184
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50,330
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532
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10,189
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Last Updated on 2 December 1998
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