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2016年3月10日 木曜日

Civil Court Procedures in Hong Kong - Civil Law Reform 2009

10th March 2016 (Thursday)  Cloudy                        
Katty Tsang

This has been my 4th day of internship at Kuribayashi Sogo Law Office.  It is indeed a nice and cozy office located opposite to Hibiya Park.

During my internship, I understand that during the course of civil proceedings, there can be in-chambers discussion between the plaintiff(s), defendant(s), their respective legal representatives and the judge on preliminary and preparatory issues of the case.  As I understand, the purpose of having an in-chambers discussion is to ensure the case is well managed before trial, as well as to facilitate settlement between the parties in dispute if and when possible.

This system of in-chambers discussion is not available in Hong Kong. 

Since April 2009, Hong Kong has implemented the Civil Law Reform.  This brought in a new system for civil procedures.  The objectives of having this reform are to make civil proceedings more cost-effective, to ensure the matter can be expeditiously dealt with, to ensure fairness of all parties in the case and to facilitate settlement of disputes.  One of the new procedures introduced is that, parties have to go for mediation before trial.  If either party refused to or failed to reasonably take part in the mediation, this may have costs implication.

Another new procedures introduced is "case management".  Through the procedures of case management, parties and the judge can, during the process before trial, gain better control and management of the case, so that it can be handled more expeditiously, hence saving court' time and costs.

投稿者 Kuribayashi Sogo Law Office

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