HKSAR Law Reform Commission

Ombudsman discloses more information
Following pressure from Webb-site, the Ombudsman has today published a summary of the submissions received during its investigations on Access to Information and keeping public archives. The submissions show strong support for legislation. Meanwhile, the wheels at the Law Reform Commission are slowly turning and covering similar ground. (17-Apr-2014)
Working group to study class action proposals
HK Government, 27-Nov-2012
A day before the 6-month deadline for a response from Government to the Law Reform Commission's recommendations, Government defers the issue by announcing that it will set up a working group (to be appointed) to study and consider the proposals, which will hold its first meeting some time before 1-Apr-2013. They could have done that 6 months ago.
Webb on "Backchat" re class actions
RTHK, 29-May-2012
LRC proposes class action mechanism for HK consumersThe full report
HK Government, 28-May-2012
But not for investors, and litigation funding companies will not be permitted. Champerty and maintenance will continue to be illegal - no reform there. Instead the LRC proposes that the Consumer Council should have a monopoly on funding class actions, beefing up the legal aid fund which takes up to 50% of the winnings. Overall, a huge disappointment, and even then, the Government might decide not to adopt the recommendations. HK deserves better.
Hong Kong proposes class actions after investor concerns
Bloomberg, 28-May-2012
Or at least, the Law Reform Commission proposes it. Whether the Government will accept the LRC's recommendation remains to be seen. More later today.
Class actions for HK
In a potentially huge step forward for access to justice, the Law Reform Commission proposes a class action system for HK. The key issue is litigation funding. Rather than a government-sponsored gatekeeper fund, we need a free-market approach, with contingent legal fees and the abolition of archaic laws against champerty and maintenance, to allow self-funded lawyers and third party funders to bear the risks of loser-pays-costs. Take our opinion poll and tell them what you think! (17-Mar-2010)
Litigation funder IMF (Australia) makes submission on HK class actions
Company submission, 2-Mar-2010
Webb on "Backchat" re class actions, litigation funding and contingent legal fees
RTHK, 6-Nov-2009
Suitability in a disclosure-based market
SEHK has announced possible waivers of the profit criteria. We don't object, but the profit test should be scrapped. It has no place in a disclosure-based market, and is no substitute for better accounting disclosure requirements and effective legal remedies and deterrents, all of which HK still sorely lacks. We make proposals for those. (8-Jun-2009)

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