 |  |
|
 |
 |
 |
 |
|  | |  | |
Section 3:
Procedural reform and the Basic Law
There are certain points at which our constitutional guarantees of rights and freedoms
may intersect with some of the procedural reforms canvassed.
This was mentioned
in the Interim Report and touched upon by some of the respondents to the
consultation. Concern was expressed about proposals relating to mandatory
alternative dispute resolution ("ADR"),
to dispensing with certain oral hearings
, to
empowering the court to limit the evidence adduced,
and the like.
The Working Party recognizes that any procedural reforms must be able to operate in
Kong Bill of Rights ("BOR"). It is therefore necessary to identify the principles which
have to be accommodated.
Notes
Such constitutional issues may also intersect with existing procedural arrangements, but that is not a
matter for present discussion save in so far as it bears on a proposal for reform.
The Bar Association, the BSCPI and the JCGWG.
The Law Society and the HKMLA.
The Bar Association and a solicitors' firm.
|
 |
|