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G2. Unrepresented litigants in Hong Kong proceedings
G2. Unrepresented litigants in Hong Kong proceedings |
There is no doubt that unrepresented litigants have become a major feature of the litigation landscape of the HKSAR. However, care must be taken in measuring the level of their involvement. The status of a litigant may change from unrepresented to represented and vice-versa in the course of a case. If one looks at cases at too early a stage, a huge percentage of all actions may be thought to involve unrepresented litigants simply because they have not yet instructed lawyers or because their lawyers have not yet come onto the court's record. (Note 110) Moreover, as indicated above, a very substantial percentage of cases end in a default judgment. In such cases, the fact that a defendant is unrepresented does not pose any problems for the system. |
Note
| 110 | This appears to have been what had happened when legislative councillor, the Hon Ms Audrey Eu SC, was quoted as saying that she had received Judiciary figures showing that 85% of High Court civil cases involved litigants in person: SCMP 27 April 2001. The true figure, though substantial, is much lower at various points later in the proceedings, as the present discussion seeks to demonstrate. <back> |
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