The Civil Justice Reform

The Civil Justice Reform

It is worth noting that the Civil Justice Reform has effectively curbed the adversarial excesses in the Hong Kong civil procedural system. The results of this reform are evident in the area of procedural efficiency and particularly in the defense sector. For instance, the period of time for defense service has been revised from 14 days to 28 days, which is perceived to be a more realistic period to obviate the need for many applications for an extension of time. However, this is perceived to slow the time within which the judgement in default of defense can be obtained.

The post CJR rules have enhanced the reduction of delay in executing cases. Perhaps, before the CJR, many courts have been reluctant of executing duties, which in turn enhanced delay of procedures of executing cases. The implementation of CJR has quickened the pace of litigation due to the introduction of case management powers, which ensures all the cases are handled at a stipulated time[1]. This has reduced the accumulation of cases and waiting time for the ceases to be heard. The introduction of case management powers has imposed sanctions on miscreant parties and thus quickening the pace of executing duties among the judges.

Another significant aspect of post CJR, which has enhanced procedural efficiency, is the introduction of problem-solving through constrictive discussion. This is a case processing function which aimed to employ constructive discussion between the legal representatives and the presiding judges[2]. This helps to narrow down the issues between the involved parties on evidence provision and steps to follow the whole making judgement. The constructive discussion also enhanced useful directions and suggestions from legal representatives and presiding judges and hence promoting justice as well as enhancing procedural efficiency.

Case settlement is another aspect of post CJR, which has enhanced procedural efficiency, which involves the timely settlement of cases. The order 13A has helped to provide a new procedure for the defiant in money claim, which helps in making admission and proposes payment on time, which in turn helps to satisfy claims[3]. This ensures all the required money is paid on time and thus enhancing quick settlement of cases. The introduction of sanctioned payment has also been a significant incentive which has helped parties to make payment to courts prior to the case. This has enhanced quick handling of cases and thus reducing the waiting time.

Consequently, to enhance a sense of reasonable proportion and procedural economy, the CJR has mandated that decisions on costs should take the underlying objectives into account[4]. This is a crucial aspect of case management in handling the issues of costs. The post CJR rules assert that the cost and other related expenses should be evaluated and determined based on the intensity of the case. The CJR has also ruled out payment of bonds, which ensures that cases are handled at a stipulated time and thus reducing the time taken to tackle the cases. This has also enhanced procedural efficiency.

[1] Chan, Peter CH, and David Chan. “Civil Justice with Multiple Objectives.” In Goals of Civil Justice and Civil Procedure in Contemporary Judicial Systems, pp. 143-165. Springer, Cham, 2014.

[2] Meggitt, Gary. “Civil Justice Reform in Hong Kong-Its Progress and Its Future.” Hong Kong LJ 38 (2008): 89.

[3] Farzana Aslam and Meggitt, Gary. “Civil Justice Reform in Hong Kong-A Critical Appraisal.” Civil Justice Quarterly (2009) 28 (2008).

[4] Chan, Peter, and Ubaid-Ur Rehman. “Interim Relief: National Report for Hong Kong (China).” Flinders LJ 20 (2018): 125.

Bibliography

Chan, Peter, and Ubaid-Ur Rehman. “Interim Relief: National Report for Hong Kong (China).” Flinders LJ 20 (2018): 125.

Chan, Peter CH, and David Chan. “Civil Justice with Multiple Objectives.” In Goals of Civil Justice and Civil Procedure in Contemporary Judicial Systems, pp. 143-165. Springer, Cham, 2014.

Farzana Aslam and Meggitt, Gary. “Civil Justice Reform in Hong Kong-A Critical Appraisal.” Civil Justice Quarterly (2009) 28 (2008).

Meggitt, Gary. “Civil Justice Reform in Hong Kong-Its Progress and Its Future.” Hong Kong LJ 38 (2008): 89.