A Guide to Civil Procedure in Hong Kong, 4th Edition

The principal aim of this book is to provide students and practitioners with a clear and up-to-date exposition of the rules and judicial decisions governing the conduct of civil litigation in Hong Kong. In 2009, the Civil Justice Reform took effect introducing underlying objectives and many new rules and Practice Directions.

The purpose of the Reform was to increase cost effectiveness, ensure expedition of proceedings, promote a sense of reasonable proportion and procedural economy and ensure a fair distribution of limited court resources, subject, of course, to the primary aim of the rules in securing a just resolution of disputes in accordance with the substantive rights of the parties. Alternative dispute resolution, especially mediation, was also much favoured in the Reform.

Two years have passed and the judicial officers, especially the Masters, have made it clear through their many judicial decisions that they are serious about implementing both the spirit and letter of the new rules. The honeymoon period in which judicial officers were generous in overlooking errors committed by lawyers and unrepresented litigants is over. Peremptory orders and self-executing sanctions are commonplace and practitioners know that, if they fail to comply with the Rules, Practice Directions or court orders, they do so at their peril. It has never been so important for lawyers to know the rules and comply with them.

In the fourth edition of this book we look in particular at the case law implementing the new rules and Practice Directions. There has been considerable case law illustrating the courts' approach to case management. We now have several judicial decisions identifying the consequences of failure to comply with the Rules and Practice Directions and illustrations of the court's approach to the imposition of self-executing sanctions and applications for relief from their consequences. The importance of milestone dates is now clear especially in the context of applications for extension of time. Striking out applications have also become more common and the approach of the courts to delay in pursuing actions has been shown to be less relaxed. Sanctioned offers and sanctioned payments are now commonplace and there have been many judicial decisions as to the consequences of non-acceptance of such offers and payments. Costs have always played a significant role in civil litigation and there has been a wealth of case law illustrating the courts' approach to the incidence of costs in the post-Reform era. Appeals have also been affected by the requirement for leave to appeal from certain interlocutory orders.

The Reform has perhaps made the task of lawyers and judicial officers more onerous but there is some evidence of success especially in the aspect of speeding up proceedings. As to reducing cost and improving access to justice the jury is still out.