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2.1
The consultation response
The choice between the two Proposals is not an easy one. While this issue was raised
near the end of the Interim Report, after discussion of the range of possible reforms, it
should be dealt with here at the outset since the option chosen provides the setting for
dealing with all the other proposals.
Respondents to the consultation were much divided in their views. ³ As the Hon Ms
Margaret Ng, speaking in Legco, pointed out, the broad themes in the Interim Report
mostly received general support in principle but were nonetheless "deeply
controversial when it comes to the details of implementation."
Some of those in
favour of adopting an entirely new code along the lines of the CPR
argued that such
an approach :-
was needed to promote a necessary cultural change;
would introduce rules in plain English which would be more user-friendly;
would avoid possible clashes between old rules and new concepts, and so avoid
satellite litigation;
would avoid a great deal of drafting since most of the CPR could simply be
adopted;
would enable the courts to treat English decisions on the CPR as persuasive
precedents.
Notes
Indeed, the DOJ thought it premature to take a stand on this issue and reserved its position until after
the Final Report.
References to named members of the Legislative Council "speaking in Legco" are references to
speeches made on 8 May 2002 when a motion debate on the Interim Report was held.
Including, sometimes with qualifications, several High Court judges, the District Court judges and
masters, the Hon Ms Margaret Ng speaking in Legco, the APAA, the JCGWG, three firms of
solicitors and three individual respondents. One set of barristers' chambers preferred Proposal 74,
but said it held no strong view.
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