Expert witnesses: Recent development in Hong Kong

The Final Report on Civil Justice Reform was published in March 2004. Proposal 39 (measures aimed at countering lack of independence and impartiality among expert witnesses) and Proposal 40 (the rights, duties and functions of single joint experts), contained in the Final Report, deal with expert evidence. In relation to the issues of expert evidence, the Working Party had this to say: "The Interim Report identified two major problems concerning expert evidence in the existing civil justice system:- (a) The inappropriate or excessive use of experts, which increases costs, the duration of proceedings and their complexity; and (b) Partisanship and a lack of independence amongst experts, devaluing their role in the judicial process." ³.As expert witness has become one of the major services provided by construction professionals. It is imperative to have a good understanding of the legal developments leading to the recommendation of Proposal 39 and Proposal 40. In so doing, the authors revisit the important cases in expert evidence, with a view to examine the principles and problems of expert evidence. These cases summarise the sentiments of the courts in handling the problems of partisanship and lack of independence among expert witnesses. Recommendations made by the Working Party, in particular Order 38, rules 4A, 35A, 37B-C of the Rules of the High Court (Amendment) Rules 2007, are examined in detail. © RICS.