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4.4
The new code methodology facet
If the Working Party's recommendation
that reform of our civil justice system should
be implemented by way of amendment to the RHC rather than by adopting an entirely
new code along the lines of the CPR is accepted, an overriding objective, if introduced
here, would not function in quite the same manner as contemplated by the Woolf
reforms.
Nevertheless, as was pointed out in the Interim Report, one may still argue in favour
of grafting an overriding objective onto the existing system, as occurred in New South
Wales, thereby introducing aspects of the CPR's methodology for approaching
procedural issues. The broad concepts of the overriding objective and associated rules
could serve as a foundation for deciding such issues. Should we follow this example
in Hong Kong The Working Party has important reservations as to whether, and if so,
how, this should be done.
Notes
Recommendation 1.
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