XN000022-1992-08-04 — Page 10

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TUESDAY, AUGUST 4, 1992

CONSULTATION PAPER ON HEARSAY RULE IN CIVIL PROCEEDINGS

*

THE LAW REFORM COMMISSION HAS ISSUED A CONSULTATION PAPER REGARDING THE PROPOSED REFORM OF THE LAW RELATING TO HEARSAY RULE IN CIVIL PROCEEDINGS.

FINDINGS

THE CONSULTATION PAPER, WHICH IS LARGELY BASED ON THE OF A 1991 ENGLISH LAW COMMISSION CONSULTATION PAPER. SETS OUT TWO REFORM MODELS FOR HONG KONG.

THE ACTING SECRETARY OF THE COMMISSION, MR STUART STOKER, SAID: "THE FIRST OPTION IS TO REFINE THE EXISTING LAK BY SIMPLIFYING THE NOTICE PROCEDURE AND STRENGTHENING THE EVIDENTIAL AND PROCEDURAL SAFEGUARDS.

"THE SECOND OPTION IS TO DO AWAY WITH THE CIVIL PROCEEDINGS ALTOGETHER.

ᅡ

HEARSAY RULE IN

THE PRESENT LAW RELATING TO THE HEARSAY RULE IN CIVIL PROCEEDINGS INVOLVED COMPLEX PROCEDURES, PARTICULARLY IN RELATION ΤΟ THE GIVING OF NOTICE WHERE A PARTY WISHED TO USE HEARSAY EVIDENCE IN COURT.

"IT HAD BEEN THE SUBJECT OF (RITICISM, WOULD THEREFORE BE USEFUL, MR STOKER SAID.

A REVIEW

OF THE LAW

ΤΟ THE BAR

ASSOCIATION,

COPIES OF THE PAPER HAVE BEEN GIVEN THE LAW SOCIETY, THE CHARTERED INSTITUTE OF ARBITRATORS CHONG KONG BRANCH), THE FEDERATION OF WOMEN LAWYERS, THE HONG KONG MAGISTRATES' ASSOCIATION, THE HONG KONG SOCIETY OF ADVOCATES, THE JUDICIARY AND THE LAW FACULTY OF THE UNIVERSITY OF HONG KONG AND THE LAW DEPARTMENT OF THE CITY POLYTECHNIC OF HONG KONG.

COPIES HAVE ALSO BEEN SENT TO THOSE GOVERNMENT DEPARTMENTS WITH INVOLVEMENT IN CIVIL LITIGATION. THE COMMISSION WOULD WELCOME COMMENTS BY NOVEMBER 30.

MEMBERS OF THE PUBLIC WHO WISH ΤΟ OBTAIN A COPY OF THE CONSULTATION PAPER OR TO EXPRESS THEIR VIEWS ON THE SUBJECT ARE INVITED TO TELEPHONE OR WRITE TO THE SECRETARIAT, LAW REFORM COMMISSION, FIRST FLOOR, HIGH BLOCK, QUEENSWAY GOVERNMENT OFFICES, 66 QUEENSWAY, HONG KONG, ( (TEL 867 2020; FAX: 845 2215).

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