CJR Final Report, Section 20: Expert evidence

Implementing a rule along the lines of the NSW rule would require adoption of a code

of conduct for expert witnesses in this jurisdiction approved by the court. The precise

terms of such a code should be determined after consulting all interested parties. As a

starting point, the Working Party recommends that a draft Code and a draft

Declaration to be made by expert witnesses be prepared. Appropriately adapted, the

AE's Code of Practice; its Code of Practice for Experts within Europe and its Expert's

Declaration would provide a suitable basis for such consultation.

The (unadapted)

terms of these documents are set out in Appendix 3 to this Final Report. In due course,

the Hong Kong Committee of the AE or some other suitable body could no doubt

prepare guidance notes for Hong Kong expert witnesses similar to the AE's CPR Code

of Guidance For Experts and those Instructing them

providing professional experts

with practical guidance on the legal framework.

Recommendation 102: A rule along the lines of CPR 35.3 declaring that

expert witnesses owe a duty to the court which overrides any obligation to those

instructing or paying the expert should be adopted.

Recommendation 103: A rule along the lines of CPR 35.10(2) combined with

Part 36 of the NSW rules should be adopted, making it a requirement for the

reception of an expert report or an expert's oral testimony that (a) the expert

declares in writing (i) that he has read the court-approved Code of Conduct for

Experts and agrees to be bound by it, (ii) that he understands his duty to the

court, and (iii) that he has complied and will continue to comply with that duty;

and (b) that his expert report be verified by a statement of truth.

Notes

In its submission, the AE kindly offered to help adapt their Code for Hong Kong use.