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3.4
Relevance to the proposed reforms
It will be evident from the foregoing discussion that on analysis, many of the
procedural reforms under discussion may not in fact engage the access and hearing
rights guaranteed by the Basic Law. Interlocutory and case management issues are
excluded from the scope of such rights. And where the trial or other process for
determining the parties' rights and obligations has met the constitutional safeguards,
the requirements in respect of subsequent appellate proceedings are less stringent,
being permitted to draw upon the open processes and reasons developed below
without necessarily adopting similar processes at the appellate level.
There remains nonetheless possible intersection between proposed procedural reforms
and the access and hearing rights at points involving trial on the merits and other
proceedings decisive of the parties' substantive rights and obligations. In such a
context, those rights do not take effect as absolute rights but must be applied in
accordance with the principles mentioned above. We will accordingly return to
consider how such principles are to be applied as and when such Basic Law issues
arise for consideration.
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