Civil Procedure

Authors: Eric Cheung, Carter Chim, Gary Meggitt

In 2021, in addition to general updates for each topic that enable readers to keep abreast of the latest developments in procedural laws in civil litigation, this title has substantially revised the part on legal professional privilege to discuss the recent judicial developments both in Hong Kong and other common law jurisdictions and the unsettled areas in this regard. It also raises an interesting and important discussion as to whether “legal advice privilege” and “litigation privilege” should be treated as two “distinct conceptual animals” instead of “two branches of the same tree”, as explained by the Canadian Supreme Court in Blank v Canada (Minister for Justice) [2006] 2 SCR 319. How that may affect the scope and application of the two heads of privilege in Hong Kong remains to be seen.

This seventh edition also includes an entirely new chapter on judicial review. Not only does it provide a step-by-step guide for those who may need to handle judicial review proceedings, but it also explains the boundary of judicial review by reference to the administrative court’s jurisdiction, the concept of justiciability, and the administrative court’s discretion. It is a user-friendly chapter, especially for those who are not familiar with judicial review.