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(iii)
Consultation response
By Proposal 28, consultees were asked whether we should similarly widen the scope
of pre-action disclosures in Hong Kong. The respondents were generally in favour of
doing so.
However, the support in some cases was expressed on the footing that the
widening would operate in tandem with the introduction of pre-action protocols.
Since such protocols have not been recommended for general introduction in Hong
Kong,
such support must be regarded as qualified. A number of those in support
stressed the need for clearly defined rules as to when an order should be granted and
clear limits regarding the documents to be disclosed.
Notes
Those in favour included the Bar Association, the BSCPI, the Law Society, the DOJ, a set of
barristers' chambers, three firms of solicitors, District Court masters and judges, the HKFLA and the
JCGWG. Only the APAA was unqualifiedly against the Proposal, being concerned about
harassment and front-loaded costs.
See Recommendation 5.
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