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Cliff Buddle

The legal reforms would streamline court procedure

Extensive proposals for reforming the legal system were unveiled by a judiciary think-tank yesterday in  an effort to provide the public  better value for money.

The blueprint will, if adopted, bring about some of the most significant changes the civil justice system has  seen, and have implications for judges, lawyers and litigants alike.

Mr Justice Robert Ribeiro,   deputy chairman of the working party which has been considering the reforms for more than three years, said the aim was to make the dollars that people spend on legal disputes go further.

But he played down hopes that the new rules would lead to the costs of going to court being dramatically slashed. 'To say that our reforms will necessarily reduce costs would probably not be justified,' said the Court of Final Appeal judge.

Geoffrey Ma Tao-li,   Chief Judge of the High Court, said: 'It  will make for much greater efficiency in the way cases are dealt with. It cuts down on abuse and provides for greater sanctions.'

The aim is to streamline procedures, speed up proceedings and ensure money is not wasted. One major change will see judges given more power to control the progress of cases, allowing them to set rigid timetables and  limit delays.

New rules will also seek to stop litigants and their lawyers wasting time and money with unnecessary applications.Use of mediation will be encouraged,  with courts given the ability to impose financial sanctions on those who  do not comply.

The report, which makes 150 recommendations, followed seven months of consultation. Mr Justice Ribeiro said almost all  the recommendations enjoyed wide support in the consultation process, including from the legal profession.

Reforms introduced in Britain five years ago have been the model for change, but the proposals for Hong Kong do not go so far.

'We hope to benefit from their experience and avoid some of the pitfalls. We wanted to try to box clever,' Mr Justice Ribeiro said.

Some of the ideas floated in the consultation were controversial and came under fire from lawyers. Introducing new rules, rather than adapting existing ones, is one idea to have been rejected.

Simon Ip Shing-hing,  president of the Law Society, said he was 'quite happy' with the proposals. 'I think there is a change of the whole basic principle. The courts will play a more proactive role.'

He added: 'I have heard some people say it will mean lawyers will no longer be able to make huge fees, because they will be stopped from playing tricks. In a sense, that is true. But if users of the system are more comfortable with it, extra business should be generated.'

Mr Justice Ribeiro said: 'We believe that the package of reforms will increase cost-effectiveness. People ought to achieve savings. This cannot be guaranteed ...  but, all things being equal, you will have a more efficient system.'

Legislator Margaret Ng Ngoi-yee   was disappointed the reforms were not more substantial and wondered whether they would be sufficient to really change attitudes. But she asid the approach was pragmatic and took into account what had happened in England. The report will now be considered by the chief justice.  If approved, it will be two to three years  before the reforms can be put in place.

KEY POINTS

Objectives stress efficiency

Judges given the power to set strict timetables for legal proceedings

Rules will encourage cases to be settled at an early stage

Measures to discourage courtroom tactics which abuse the system and push up costs

Courts will have powers to punish barristers who waste time

Duty imposed on lawyers to keep their clients fully informed of the costs incurred

Publication of guidelines to typical lawyers' fees

Expert witnesses to be bound by a code of conduct

Courts to impose financial sanctions on litigants who unreasonably refuse to take part in mediation

Introduction of class actions may be further considered by a new committee



Sweeping changes proposed to make justice more affordable