*************************************************

The following is issued on behalf of the Judiciary:

The Final Report of the Working Party on Civil Justice Reform (Working Party) is published today (March 3).

Having studied in detail the comments received on its Interim Report and Consultative Paper published in November 2001, the Working Party has made a total of 150 recommendations in its Final Report. Most of the recommendations have significant support from those who responded in the consultation exercise, including the Bar Association and the Law Society.

"The Final Report recommends a large number of amendments to the existing procedural rules and practices. These are changes which aim to improve the cost-effectiveness of our system, to make it less complex and to reduce delays, while always keeping in mind the fundamental requirement of doing justice between the parties," the Honourable Mr Justice Chan, Chairman of the Working Party and Permanent Judge of the Court of Final Appeal, said at a press conference today.

The Working Party, appointed by the Honourable Chief Justice in February 2000, is tasked to review the civil rules and procedures of the High Court and to recommend changes thereto with a view to ensuring and improving access to justice at reasonable cost and speed.

It published an Interim Report and Consultative Paper with 80 proposals in November 2001. Almost 100 written submissions from various sectors of the community were received in the ensuing 7-month consultation period ending in June 2002. The Working Party has now completed its Final Report, setting out its deliberations and specific recommendations for reform, and submitted it to the Chief Justice.

In making its recommendations, the Working Party has drawn on the Woolf Reforms in the United Kingdom in many respects. However, instead of adopting an entirely new set of rules following the Woolf Reforms, it has recommended that the existing High Court Rules should essentially be maintained with selective amendments grafted onto them.

"The major recommendations of the Working Party include the introduction of timetables set by the court for each contested case; streamlining many procedures so that fewer steps are needed; discouraging over-elaborate pleadings, witness statements and oral evidence; limiting the right to take purely procedural questions on appeal; dealing with simple procedural matters on paper and without a hearing; encouraging greater openness between parties; encouraging earlier, fair settlements; and requiring proper consideration to be given to alternative means of resolving the dispute," said the Honourable Mr Justice Ribeiro, Deputy Chairman of the Working Party and Permanent Judge of the Court of Final Appeal.

Apart from the many specific amendments discussed, the Working Party also recommends that the rules should expressly state the underlying objectives of the civil justice system to guide judges and the parties in their understanding and application of procedural rules.

The rules should be interpreted and applied with a view to increasing the cost-effectiveness of the procedures in question, promoting economy and proportionality in the way the case is litigated, expediting the disposal of the case, promoting equality between parties, facilitating settlement and achieving a fair distribution of the court's limited resources among its users.

Apart from the Chairman and the Deputy Chairman, other members of the Working Party include the Hon Mr Justice Ma, the Chief Judge of the High Court (as from August 18, 2003); the Hon Mr Justice Rogers, Vice-President of the Court of Appeal; the Hon Mr Justice Seagroatt, Judge of the Court of First Instance (until retirement from the Bench on August 17, 2003); the Hon Mr Justice Hartmann and the Hon Madam Justice Chu, Judges of the Court of First Instance; Mr Ian Wingfield, Law Officer, Member of the Department of Justice appointed in consultation with the Secretary for Justice; Mr S Y Chan, Director of Legal Aid; Mr Ambrose Ho SC, Barrister appointed in consultation with the Chairman of the Bar Association; Mr Patrick Swain, Solicitor appointed in consultation with the President of the Law Society; Professor Michael Wilkinson, University of Hong Kong; Mrs Pamela Chan, Chief Executive of the Consumer Council; Master Jeremy Poon, Master of the High Court (Secretary) and Mr Hui Ka-ho, Magistrate (Research Officer).

"We have submitted the Final Report to the Chief Justice and we look forward to hearing from the Chief Justice in relation to the Final Report," said Mr Justice Chan.

The Working Party notes that if the recommendations are accepted by the Chief Justice, draft legislation, rules and practice directions will have to be prepared, and that the implementation of the recommendations would require judges, the legal profession and other users of the system to become familiar with the changes.

The Judiciary spokesman said, "The Chief Justice has all along followed closely the progress of the Working Party, and is considering the recommendations in its Final Report. It is expected that the Chief Justice will make an announcement in relation to the Final Report by the end of March."

The 500-page Final Report and a bilingual Executive Summary can be obtained from the registries or enquiries counters of courts at all levels starting from 4.30pm today. Such documents can also be obtained through the public enquiry counters of all District Offices of the Home Affairs Department of the Administration.

In addition, the Final Report and its Executive Summary can be accessible and downloaded from the dedicated website of the Civil Justice Reform www.civiljustice.gov.hk, also starting from 4.30pm today.

Ends/Wednesday, March 3, 2004

NNNN