In some jurisdictions, lawyers undertaking civil litigation are allowed to charge a fee in addition to their standard fee if the outcome of the case is successful, and a reduced fee (or no fee at all) if the case is lost. This is known as a "conditional fee", and is not currently permitted in Hong Kong. The principal argument presented in favour of such arrangements is that they enhance access to justice.
The Commission has been asked to consider whether conditional fee arrangements would be feasible and should be permitted in Hong Kong for civil cases and, if so, to what extent (including for what types of cases and the features and limitations of any such arrangements).
A sub-committee was formed in July 2003 to consider this subject. A consultation paper containing the Sub-committee's tentative proposals was published on 14 September 2005.
The members of the Conditional Fees Sub-committee are:
|Prof Edward K Y Chen, GBS, JP (Chairman), President, Lingnan University|
|Mrs Pamela Chan, BBS, JP, former Chief Executive, Consumer Council|
|Mr William H P Chan, Deputy Director (Administration), Legal Aid Department|
|Ms Agnes Choi, General Manager and Head of Corporate Insurance, HSBC Insurance (Asia-Pacific) Holdings Limited|
|Mr Andrew Jeffries, Solicitor|
|Mr Raymond Leung Hai Ming, Chief Executive Officer, C & L Investment Company Limited|
|Mr Raymond Leung Wai Man, Barrister|
|Mr Kenneth S Y Ng, Head of Legal & Compliance, Hongkong and Shanghai Banking Corporation|
|Mr Michael Scott, Senior Assistant Solicitor General, Department of Justice|
|Mr Paul W T Shieh, SC, Barrister|
|Ms Sylvia W Y Siu, Solicitor|
|Hon Madam Justice Yuen, Justice of Appeal|
The Sub-committee's Secretary is Ms Cathy Wan, Senior Government Counsel.