Updates
Abolition of "fraud exception" to summary judgment
Legal Practitioners (Amendment) Bill 2021
August 2021 has seen two important developments relating to dispute resolution and court practice in Hong Kong. This article provides a brief overview of each.
Abolition of "fraud exception" to summary judgment
On 20 August 2021 the Judiciary, on behalf of the High Court and District Court Rules Committees, announced the abolition of the fraud exception to summary judgment (for further details please see "Calling time on fraud exception to summary judgment"). The amendment rules are good news for victims of fraud in Hong Kong. They remove the jurisdictional obstacle to applying for summary judgment where fraud is alleged against the defendant and (subject to negative vetting in the Legislative Council) will apply to applications made on or after 1 December 2021.
Legal Practitioners (Amendment) Bill 2021
In June 2021 the secretary for justice announced proposals to enable more senior legal officer advocates employed in government departments to be considered for appointment as Senior Counsel in Hong Kong (for further details please see "'Senior Counsel' – Time for some new blood?"). The Legal Practitioners (Amendment) Bill 2021 was passed in the Legislative Council on 25 August 2021 and the amendments came into effect on 3 September 2021 – thereby allowing senior legal officer (non-barrister) advocates to apply to become Senior Counsel in 2022. Attention should now turn to allowing senior solicitor advocates in private practice to become eligible for appointment as Senior Counsel in Hong Kong.
For further information on this topic please contact Charles Allen or Jonathan Crompton at RPC by telephone (+852 2216 7000) or email ([email protected] or [email protected]). The RPC website can be accessed at www.rpc.co.uk.