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Article
Judicial Perspectives of Self-Representation in the High Court of Hong Kong
Articles, Book Chapters, & Popular Press
  • Wing Hong Chui, University of Queensland - School of Social Science
  • Elsa Kelly, The Chinese University of Hong Kong (CUHK) - Faculty of Law
  • Camille Cameron, Dalhousie University Schulich School of Law
Document Type
Article
Publication Date
1-1-2006
Keywords
  • Adversarial Litigation,
  • Self-Represented Litigants,
  • Hong Kong High Court,
  • Legal Challenges
Abstract

Adversarial litigation is designed on the assumption that people will be represented by competent lawyers. Litigants who represent themselves challenge this design and the assumption on which it is based. Common law systems, including Hong Kong, are developing strategies to address the challenges presented by significant numbers of self-represented litigants. The impact of self-representation in Hong Kong High Court civil proceedings is made more complex by the fact that, whilst proceedings in that court have traditionally been conducted in English, most litigants in person appearing in the High Court are monolingual Chinese speakers. This article reports and discusses the results of interviews with Hong Kong judges about their experiences of self-representation and their recommendations for change. It also discusses the extent to which self-representation in High Court civil proceedings has highlighted challenges for Hong Kong as it incorporates bilingualism in the higher courts.

Citation Information
Wing Hong Chui, Elsa Kelly, & Camille Cameron, "Judicial Perspectives of Self-Representation in the High Court of Hong Kong" (2006) 8:3 Austrl J Asian L 261.