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Questions and Answers
What is the maximum financial resource limit for the Ordinary Legal Aid Scheme?
What is the maximum financial resource limit for the Ordinary Legal Aid Scheme?
Which of the following claims are covered under the Supplementary Legal Aid Scheme?
Which of the following claims are covered under the Supplementary Legal Aid Scheme?
In which court can a civil action involving tort claims not exceeding HK$3,000,000 be started?
In which court can a civil action involving tort claims not exceeding HK$3,000,000 be started?
What type of summons should be issued if there is a dispute regarding a contractual obligation?
What type of summons should be issued if there is a dispute regarding a contractual obligation?
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Which of the following statements about the High Court is correct?
Which of the following statements about the High Court is correct?
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What is required on a writ of summons to provide details about the claim?
What is required on a writ of summons to provide details about the claim?
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In what scenario would an originating summons be filed?
In what scenario would an originating summons be filed?
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Which of the following is NOT a function of the Labour Tribunal?
Which of the following is NOT a function of the Labour Tribunal?
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What is a writ of summons primarily used for?
What is a writ of summons primarily used for?
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Which method is NOT an accepted way to serve a writ of summons in Hong Kong?
Which method is NOT an accepted way to serve a writ of summons in Hong Kong?
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How long does a defendant have to acknowledge service after receiving a writ of summons?
How long does a defendant have to acknowledge service after receiving a writ of summons?
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What may happen if a plaintiff does not file a statement of claim within the required time frame?
What may happen if a plaintiff does not file a statement of claim within the required time frame?
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What is the purpose of pleadings in a legal case?
What is the purpose of pleadings in a legal case?
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What is the primary purpose of interlocutory proceedings?
What is the primary purpose of interlocutory proceedings?
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What must a defendant do in response to specific allegations made by the plaintiff?
What must a defendant do in response to specific allegations made by the plaintiff?
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If a defendant intends to defend against a claim but misses the deadline to file a defense, what may occur?
If a defendant intends to defend against a claim but misses the deadline to file a defense, what may occur?
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What type of injunction is typically granted before a trial and lasts until the end of the trial?
What type of injunction is typically granted before a trial and lasts until the end of the trial?
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What is required when serving a writ of summons to a limited company?
What is required when serving a writ of summons to a limited company?
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Which type of injunction is specifically used to freeze a defendant's assets?
Which type of injunction is specifically used to freeze a defendant's assets?
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What is the consequence of a plaintiff failing to state the relief or remedy sought in their pleading?
What is the consequence of a plaintiff failing to state the relief or remedy sought in their pleading?
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What must the court consider when weighing the need for an injunction?
What must the court consider when weighing the need for an injunction?
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An Anton Piller Order allows a plaintiff to do what?
An Anton Piller Order allows a plaintiff to do what?
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What must a party do when raising a point of law in their pleading?
What must a party do when raising a point of law in their pleading?
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What is a common action that a party may take during interlocutory proceedings?
What is a common action that a party may take during interlocutory proceedings?
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Why must courts exercise restraint when granting Anton Piller Orders?
Why must courts exercise restraint when granting Anton Piller Orders?
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Which of the following actions is NOT typically a purpose of interlocutory proceedings?
Which of the following actions is NOT typically a purpose of interlocutory proceedings?
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What is the primary purpose of the civil justice system?
What is the primary purpose of the civil justice system?
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Who can initiate a civil case?
Who can initiate a civil case?
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What is an important consideration before starting a civil action?
What is an important consideration before starting a civil action?
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Which service provides preliminary legal advice free of charge in civil cases?
Which service provides preliminary legal advice free of charge in civil cases?
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What is a potential risk when starting a civil action?
What is a potential risk when starting a civil action?
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What limitation exists when using the High Court’s Resource Centre for Unrepresented Litigants?
What limitation exists when using the High Court’s Resource Centre for Unrepresented Litigants?
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Which situation serves as a common example of a civil dispute?
Which situation serves as a common example of a civil dispute?
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What is often a deciding factor against pursuing civil litigation?
What is often a deciding factor against pursuing civil litigation?
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What may the court do if a party fails to comply with its directions regarding expert evidence?
What may the court do if a party fails to comply with its directions regarding expert evidence?
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In which situation would a trial in the Court of First Instance typically require a jury?
In which situation would a trial in the Court of First Instance typically require a jury?
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Which of the following describes the roles of judge and assessor in trial procedures?
Which of the following describes the roles of judge and assessor in trial procedures?
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Which trial procedure step immediately follows the plaintiff's closing submission?
Which trial procedure step immediately follows the plaintiff's closing submission?
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What is the role of a Master in trial procedures?
What is the role of a Master in trial procedures?
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What might prevent a trial in the Court of First Instance from being conducted with a jury?
What might prevent a trial in the Court of First Instance from being conducted with a jury?
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When can a party present their expert evidence during a trial?
When can a party present their expert evidence during a trial?
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Which of the following statements about closing submissions is true?
Which of the following statements about closing submissions is true?
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Who is referred to as the judgment creditor?
Who is referred to as the judgment creditor?
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What must happen when a court orders a payment but the judgment debtor fails to comply?
What must happen when a court orders a payment but the judgment debtor fails to comply?
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What powers do bailiffs have in enforcing a court's judgment?
What powers do bailiffs have in enforcing a court's judgment?
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What happens if a judgment creditor cannot get compensation from the defendant?
What happens if a judgment creditor cannot get compensation from the defendant?
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What is the timeframe in which the defendant must settle the debt after assets have been seized?
What is the timeframe in which the defendant must settle the debt after assets have been seized?
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Which of the following assets is NOT liable to be sold under the writ of fieri facias?
Which of the following assets is NOT liable to be sold under the writ of fieri facias?
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What is a writ of fieri facias used for?
What is a writ of fieri facias used for?
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What occurs after the issuance of a writ of fieri facias?
What occurs after the issuance of a writ of fieri facias?
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Study Notes
Hong Kong Legal System - Civil Justice System
- Civil justice system allows individuals or institutions to resolve legal grievances and enforce legal rights.
- Disputes between two or more parties often start with attempts to resolve the dispute themselves; if unsuccessful, civil litigation may be initiated.
- Common examples of civil cases include:
- Debt recovery
- Breach of contract cases
- Tort cases (e.g., personal injury)
- Compensation claims (e.g., unpaid rent, employment compensation)
- Matters surrounding trusts and estates of deceased persons
- Matrimonial matters
Criminal Case vs. Civil Case
- Criminal cases are instituted by the Hong Kong Special Administrative Region (HKSAR).
- Criminal cases aim to deter crime and punish criminals.
- Civil cases are instituted by the government against individuals or vice versa, and/or individuals against individuals.
- Civil cases aim for compensation, recovery of property, and enforcement of obligations.
Starting a Civil Action
- Parties can attempt to settle disputes outside court (e.g., arbitration).
- Legal basis for action, potential outcome, and associated costs should be evaluated.
- Time constraints (e.g., limitation periods) must be considered.
- Risks (e.g., losing the case, paying opponent's costs) should be assessed.
Legal Advice for Civil Cases
- Duty Lawyer Service's Free Legal Advice Scheme offers preliminary legal advice, free of charge, but does not provide in-court legal representation.
- High Court's Resource Centre for Unrepresented Litigants provides initial assistance with procedural matters only (no legal advice on the merits of the case).
Legal Representation for Civil Cases
- Legal Aid Department's Legal Aid Scheme has two types:
- Ordinary Legal Aid Scheme: financial resources not exceeding HK$420,400
- Supplementary Legal Aid Scheme: financial resources exceed HK420,400butnotHK420,400 but not HK420,400butnotHK2,102,000
- Both schemes require means tests, assessing financial resources, and merit tests to determine eligibility.
- The scope covers diverse civil proceedings (District Court, Court of First Instance, Court of Appeal, Court of Final Appeal, etc.).
- Legal aid may cover specific cases likely exceeding HK$75,000 (e.g., personal injury, professional negligence claims).
Venue for Civil Cases
- District Court: limited jurisdiction (contract, quasi-contract, tort claims not exceeding HK3,000,000,landrecoverycaseswithannualrent/valuenotexceedingHK3,000,000, land recovery cases with annual rent/value not exceeding HK3,000,000,landrecoverycaseswithannualrent/valuenotexceedingHK320,000, and other claims in equity).
- High Court: unlimited jurisdiction but some cases require Court of First Instance (e.g., judicial review, admiralty).
- Other venues include the Labour Tribunal and Small Claims Tribunal.
Civil Procedure Steps
- Identifying the cause(s) of action (pre-action considerations).
- Issuing and serving writs or originating summons.
- Determining whether to raise interlocutory applications.
- Acknowledgment and service of proceedings.
- Pleadings (formal documents outlining each party's case).
- Discovery (exchange of documents related to the case).
- Trial procedure (modes of trial vary by court).
- Remedies and enforcement (different court orders/judgments).
- Details:
- Civil actions in District Ct or High Ct: Writ of summons (dispute of fact) and Originating summons (dispute of law).
- Issuing a writ of summons involves an endorsement of claim or statement of claim.
- Serving the writ of summons involves personal service or registered mail.
- Acknowledgment of service, and possible defenses, are due within 14/28 days.
- Default and summary judgements.
Pleadings
- Formal documents exchanged.
- Includes statement of claim, reply, defense, and counterclaims.
- Does not include writ of summons or originating summons, but other documents.
- Purpose of pleadings, to give fair notice, set out facts.
- Relevant evidence and legal arguments must also be clearly determined.
Interlocutory Proceedings
- Proceedings during a civil case (before trial).
- Examples involve extending time limits for filing documents, amending pleadings, getting more info, or striking out parts of other parties' pleadings; and obtaining interim relief (injunctions)
- Interlocutory proceedings may involve injunctions (temporary court orders).
Injunctions
- Court orders preventing specific actions.
- Final injunctions are permanent orders for actions that are deemed wrongful.
- Interlocutory injunctions involve temporary orders before trial, balancing the plaintiff's need for protection against the defendant's need to prevent further harm. Factors like freezing a defendant's assets (Mareva injunction) and orders to inspect and seize materials (Anton Piller order) are possible.
Burden and Standard of Proof
- Plaintiff bears the burden of proof.
- Standard of proof is balance of probabilities.
- Determining the facts at issue depends on substantive law and existing documents (statements of claim, etc).
- Proving facts includes evidence like witness testimony, documents, photographs, audio/video/electronic data.
Discovery
- Parties exchange documents relating to their case.
- Ensures fair play and prevents "trial by ambush."
- Documents considered may include paper documents, photographs, audio/video tapes, and electronic data.
Exchange of Witness Statements
- Witnesses provide written statements.
- Crucial for oral evidence if that is planned.
- Statements stand on their own (no requirement of an oath at this stage).
Expert Witness
- Expert witnesses may be called for specialized matters (medical, psychological, etc).
- Costs associated involve fees for the expert and court time.
Trial Procedure
- Includes formats like judge-alone trials, judge-and-jury trials, and trials with assessors.
- High Court procedures are outlined (e.g., jury trials for specific claims.)
Remedies and Enforcement
- Remedies follow successful court decisions.
- The court orders may require payment or injunctions (injunctions).
Enforcement
- Bailiffs carry out enforcement of court orders.
- Procedures for execution of orders (seizing assets, recovering lands.)
Writ of Fieri Facias (Specific enforcement)
- Used when defendant refuses to comply.
- Bailiffs seize assets (movables: up to the amount stated and costs; immovables: e.g., land).
- Assets may be sold, while certain assets are exempt from seizure.
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Description
Explore the civil justice system in Hong Kong, which allows individuals and institutions to resolve legal grievances. This quiz covers various aspects of civil cases, including debt recovery, breach of contract, and tort cases, as well as the distinction between civil and criminal cases.
