Civil Procedure in Hong Kong, 7th Edition

Author: Eric TM Cheung; Carter Chim; Gary Meggitt
Publisher: LexisNexis Hong Kong
ISBN: 9789888814367

Published In: March 2023
Format: Hardback (2 volumes) , 1311 pages
Jurisdiction: Hong Kong ? Disclaimer:
Countri(es) stated herein are used as reference only
Student Edition ISBN: 9789888799886

List Price: HKD 2,800.00

HKD 2,716.00 Save HKD 84.00 (3%)

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About the book

This book aims to provide practitioners with a clear and up-to-date exposition of the rules and judicial decisions governing the conduct of civil litigation in Hong Kong. The Civil Justice Reform has now been effective for more than 13 years and there are many judicial decisions reflecting judicial approaches and attitudes to the implementation of the new rules. The jury is, however, still out as to whether the Reform has significantly achieved its objectives. Aside from chronicling these recent developments, this edition also includes the most updated and significant cases touching upon not only the new rules but also those rules unaffected by the Reform. In fact, there is a considerable body of important decisions continuously emanating from the courts which renders the task of civil litigation practitioners ever more demanding. The contributions of the late Professor Michael Wilkinson to the previous editions of this publication are deeply appreciated.

What’s key in this title

In 2021, in addition to general updates for each topic that enable readers to keep abreast of the latest developments in procedural laws in civil litigation, this title has substantially revised the part on legal professional privilege to discuss the recent judicial developments both in Hong Kong and other common law jurisdictions and the unsettled areas in this regard. It also raises an interesting and important discussion as to whether “legal advice privilege” and “litigation privilege” should be treated as two “distinct conceptual animals” instead of “two branches of the same tree”, as explained by the Canadian Supreme Court in Blank v Canada (Minister for Justice) [2006] 2 SCR 319. How that may affect the scope and application of the two heads of privilege in Hong Kong remains to be seen. This seventh edition also includes an entirely new chapter on judicial review. Not only does it provide a step-by-step guide for those who may need to handle judicial review proceedings, but it also explains the boundary of judicial review by reference to the administrative court’s jurisdiction, the concept of justiciability, and the administrative court’s discretion. It is a user-friendly chapter, especially for those who are not familiar with judicial review.

Principal Lecturer and Director of Clinical Legal Education, Faculty of Law, HKU Eric Cheung

Eric TM Cheung was a partner of one of the largest law firms in Hong Kong before he joined the University of Hong Kong in December 1996, practising in the areas of building and town planning appeals, solicitors’ indemnity claims, building and construction litigation, general banking and commercial litigation. For many years, he has been active in professional and public services. He has been a chairman of the Buildings Appeal Tribunal and is the Chairman of the Housing Appeal Panel. He has been a member of the Election Committee for the selection of the Chief Executive of the HKSAR, the Hong Kong Law Reform Commission, the Judicial Studies Board as well as various committees of the Law Society of Hong Kong. He has served as the examiner on the Law Society’s Overseas Lawyers Qualification Examination Panel on the Civil and Criminal Procedure Head, and on the Bar Qualification Examination on Civil Evidence and Civil Procedure. He is the course coordinator of the Civil Procedure Course and the Director of Clinical Legal Education at the Faculty of Law, University of Hong Kong.

Senior Lecturer; Barrister-at-law, Faculty of Law, HKU; Denis Chang’s Chambers Carter Chim

Carter Chim obtained his LLM in Competition Law (Distinction) from King’s College London in 2011. He was then called to the Hong Kong Bar in 2012 and became a member of Denis Chang’s Chambers. In 2015-2016, he joined the Competition Commission (Hong Kong) as a Legal Counsel, during which he contributed to the drafting of the Commission’s guidelines and policy documents and the investigation of cases. He taught competition law in The Chinese University of Hong Kong in 2016-2019 and has become a Senior Lecturer of the Faculty of Law of The University of Hong Kong since 2019. On top of his academic life, Carter has kept private practice and is frequently engaged in competition cases. Since January 2018, Carter has also been appointed as a Non-Governmental Advisor to the International Competition Network.

Associate Professor, Faculty of Law, HKU Gary Meggitt

Gary Meggitt was admitted as a solicitor in England & Wales in 1993 and spent over a decade in practice with several leading UK law firms. He is also Called to the Bar in England & Wales. Gary taught at BPP Law School in London from 2000 to 2007 and was Course Director of its Full-Time Bar Vocational Course (BVC). He joined the University of Hong Kong in 2007 and teaches civil litigation, commercial dispute resolution and professional practice on the PCLL as well as insurance law on the Law Faculty’s degree programmes. Gary serves as a Convener for Head IV (Accounts & Professional Conduct) of the Overseas Lawyers Qualification Examination (OLQE). . He is also a member of the Hong Kong Law Society’s Insurance Law Committee.