(e)
Interested parties who have been served but who file neither an
acknowledgment of service nor grounds or evidence in relation to the main
hearing, can nonetheless apply to the court to be allowed to file evidence and
make representations at the hearing pursuant to CPR 54.17.
Proposals 71 and 72 sought consultees' views as to whether a similar approach should
be adopted in Hong Kong. The response was mixed. The Bar Association and some
other respondents
opposed it, mainly on the grounds that bringing in the respondent
and interested parties before leave is granted is unnecessary and likely to add to costs
and because this is likely to cause delay, given the need to give such parties time to
decide whether to acknowledge service. On the other hand, the DOJ and others,
were in favour of these changes.
In the Working Party's view, there is merit in adopting the CPR approach and the
concerns of those opposed to these proposals can be met.
Notes
Including some judges and an individual respondent.
Including the APAA, the HKFLA, the Hon Ms Margaret Ng, one set of barristers' chambers, two
firms of solicitors and an individual respondent.