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Section 2:
A new code or selective amendment
Proposal 74
Assuming that a series of Proposals in this Report are to be recommended by the Working
Party, they should be implemented by adopting a new set of rules along the lines of the CPR
and of relevant rules from other jurisdictions (with any necessary modifications).
Interim Report paras 693-701
Proposal 75
In the alternative to Proposal 74, recommended Proposals should be implemented by
amending, but otherwise retaining, the existing RHC.
Interim Report paras 693-701
As is evident from the numerous proposals floated for consultation in the Interim
Report, a large number of procedural innovations deriving from other jurisdictions,
particularly England and Wales, merit consideration and may help to increase the cost-
effectiveness of litigation in Hong Kong. Some of these innovations could no doubt
be grafted onto our existing system of rules. Such was the approach in New South
Wales and is the approach canvassed by Proposal 75. It also falls to be considered
whether, as Lord Woolf forcefully argued, the adoption of an entirely new code along
the lines of the Civil Procedure Rules 1998 ("CPR") is either essential or desirable for
the effective implementation of the proposed reforms. This is the option canvassed by
Proposal 74.
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