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Consultation on Review of Family Procedure Rules begins
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The following is issued on behalf of the Judiciary:

     The Chief Justice's Working Party on Family Procedure Rules (the Working Party) today (February 17) published an Interim Report and Consultative Paper (the Consultative Paper) on proposals to improve the court procedures for Hong Kong's family justice system.
 
     The Working Party, appointed by the Chief Justice in March 2012, is tasked with advising the Chief Justice, among other things, on the desirability, impact and practicalities of formulating a single set of procedural rules for the family jurisdiction applicable both to the Family Court and the High Court.

     The Working Party does not examine or propose changes to the substantive law on family and matrimonial matters. These are matters for the Administration.

     A spokesman for the Judiciary said Hong Kong's family justice system embraces a wide range of family and matrimonial matters, including dissolution of marriage, children-related applications, ancillary and other financial relief and related matters under various ordinances.

     "Currently, both the Family Court and the High Court basically exercise concurrent jurisdiction on family and matrimonial matters. However, the court procedures are rather fragmented with much cross-referencing to the rules of the High Court and the District Court," the spokesman said.

     The Working Party therefore proposes to reform the related court procedural rules to make way for a shift in litigation culture towards a more conciliatory approach and the promotion of a more efficient and accessible family justice system.

     The Consultative Paper has over 130 proposals. One of the key proposals is the adoption of a single unified procedural code (the New Code). England, Australia and New Zealand have in their recent reforms adopted a stand-alone unified procedural code that comprehensively deals with the processes and procedures for all family and matrimonial matters. The Working Party suggests adopting England's Family Procedure Rules 2010 as the New Code's broad, basic framework.

     "The adoption of a self-contained code will enable both lawyers and unrepresented litigants to refer to one single procedural source for guidance," the spokesman added.

     The proposals seek to reduce the adversarial excesses in the culture of family litigation. They also facilitate a more streamlined procedure and contribute to a common approach across the Family Court and the High Court, resulting in a more efficient, cost-effective and user-friendly family justice system. The time and costs needed for family proceedings are likely to be reduced as a result.

     "To ensure that the rules are coherent, cohesive and consistent, the setting up of a new Family Procedure Rules Committee as the single rule-making authority for the New Code is proposed," the spokesman added.

     Legislative changes are needed to implement the proposals in the Consultative Paper.

     The Working Party is chaired by Mr Justice Jeremy Poon, Judge of the Court of First Instance of the High Court. Members include Deputy High Court Judge Bebe Chu (Deputy Chairman); Deputy High Court Judge David Lok; Deputy High Court Judge Marlene Ng; Acting Principal Family Court Judge Bruno Chan; District Judge Sharon Melloy; District Judge C K Chan; Deputy District Judge Ivan Wong; Mr Jeremy Chan of the Hong Kong Bar Association; Mr Dennis Ho of the Law Society of Hong Kong; Mr Ian Wingfield of the Hong Kong Family Law Association; Ms Sherman Cheung of the Legal Aid Department; and Ms Mary Ho of the Department of Justice.

     The consultation period will last for four months and will end on June 16, 2014. After considering the comments received, the Working Party will make its recommendations in a Final Report to be submitted to the Chief Justice.

     Interested parties can obtain copies of the Consultative Paper from the Information Counter of the High Court Building, the High Court Library and the Family Court Registry.

     The Consultative Paper is also available at the Judiciary's website at www.judiciary.gov.hk/en/other_info/family_review.htm .

     Views can be sent via:

Mail to: Secretary, Chief Justice's Working Party on Family Procedure Rules
           LG2, High Court
           38 Queensway
           Hong Kong

Fax: (852) 2501 4636

Email: fpr_consultation@judiciary.gov.hk

Ends/Monday, February 17, 2014
Issued at HKT 15:00

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