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4.3
The different facets of the overriding objective and associated rules
In considering the extent to which the overriding objective and the rules described
above ought to be adopted in Hong Kong, it is important to distinguish different facets
of those rules.
First, the overriding objective is designed to function in the context of the CPR
operating as an entirely new procedural code. It is intended to provide the foundation
for a new methodology for deciding procedural issues. Instead of applying the
detailed provisions of the RSC supplemented by case-law, the CPR are formulated in
broad terms, the court being expected to apply them purposively, guided by the
overriding objective and the declared aims of case management. This may be referred
to as the "new code methodology" facet of the overriding objective.
Secondly, the overriding objective introduces the concept of "proportionality" as a
specific basis for deciding procedural issues ("the proportionality facet").
Thirdly, the court is required to be active in managing cases, making orders of its own
initiative, with a view to furthering the overriding objective ("the active case
management facet").
Fourthly, general case management powers are expressly conferred on the court and
listed in CPR 3.1 ("the express powers facet").
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