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Proposal 11
A requirement for all pleadings to be verified by statements of truth should be introduced
and the making of a false statement without an honest belief in its truth should be made
punishable as a contempt.
Proposal 11 (requiring pleadings to be verified by a statement of truth) should be adopted as
The rules should indicate the level or class of officer or employee who may sign a statement
of truth verifying pleadings on behalf of a party that is a corporation, a partnership or an
analogous organization or association.
The rules should set out (along the lines of 22PD3.7 and 22PD3.8) the effect in law of a legal
representative signing a statement of truth to verify a pleading on behalf of the party
concerned.
Insurers (or lead insurers) and the Hong Kong Motor Insurers Bureau should be authorized
to sign a statement of truth to verify a pleading on behalf of the party or parties concerned
(along the lines of 22PD3.6A and 22PD3.6B).
The period allowed for defendants to file their defence should be increased to allow adequate
time to plead substantively to a plaintiff's claim and to verify the defence.
The possibility of proceedings for contempt being brought against a person who verifies a
pleading by a statement of truth without believing that the factual allegations contained in the
pleading are true should be maintained, but the rule should make it clear that such
proceedings (to be brought, with the leave of the court, either by the Secretary for Justice or
by an aggrieved party) are subject to the general law of contempt and to be contemplated
only in cases where sanctions for contempt may be proportionate and appropriate.
A rule should be adopted making it clear that a party who has reasonable grounds for so
doing, may advance alternative and mutually inconsistent allegations in his pleading and
verify the same with a statement of truth.
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