Judges’ perspectives on the impact of self-representation in Hong Kong civil cases

Camille Cameron, Elsa Kelly, Eric Wing Hong Chui

Research output: Journal Publications and ReviewsRGC 21 - Publication in refereed journalpeer-review

Abstract

Adversarial litigation is designed on the assumption that competent lawyers will represent people. 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 experience 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.
Original languageEnglish
Pages (from-to)261-286
JournalAustralian Journal of Asian Law
Volume8
Issue number3
Publication statusPublished - Dec 2006
Externally publishedYes

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