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 chaired by Professor Edward K Y Chen 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 Sub-committee's Secretary is Ms Cathy Wan, Senior Government Counsel.
If you wish further information on this project, please write to the Secretary of the Law Reform Commission by fax, post or email.
The Commission's offices are at:
20/F Harcourt House
39 Gloucester Road
Tel: (852) 2528 0472
Fax: (852) 2865 2902