本文分两部分刊登， 2012年6月5日金杜法律博客(Chinalawinsight)刊登的了本文的第一部分。文章第二部分将继续对《香港的法律制度及解决商业纠纷的民事诉讼程序》进行解读。
八、简易判决
简易判决可作为以全面审讯解决纠纷的另一选择。简易判决是在被告人没有提出抗辩的情况下，法庭可以不经过庭审即向原告人提供实体终局性判决结果[i]。简易判决的程序是为了避免被告人拖延判决进程，并在被告显然缺乏抗辩理由的情况下，避免浪费时间及诉讼成本。
香港的法律制度及解决商业纠纷的民事诉讼程序（1）
The Legal System and Civil Procedure for Commercial Dispute Resolution in Hong Kong (Part II of II)
By Renee Gu King & Wood Mallesons’ Dispute Resolution Group
This article continues to discuss The Legal System and Civil Procedure for Commercial Dispute Resolution in Hong Kong. The first part of this article was published on Chinalawinsight on May 2012.
VIII．Summary Judgment
As an alternative to resolving a dispute by way of a full trial, it may be an option to apply for a summary judgment. The purpose of the summary judgment is to give judgment before trial to a plaintiff, where the defendant has no defence to the claim[i].
Continue Reading The Legal System and Civil Procedure for Commercial Dispute Resolution in Hong Kong (Part II of II)
The Legal System and Civil Procedure for Commercial Dispute Resolution in Hong Kong (Part I of II)
By Renee Gu King & Wood Mallesons’ Dispute Resolution Gourp
I．Introduction
Commercial disputes are inevitable in the commercial world. It is often crucial to find the most cost-effective and expeditious way to resolve the dispute.
Hong Kong is Asia’s most international city with a vibrant and cosmopolitan community where East meets West, the key attributes of which include a level playing field for entrepreneurs of all nationalities; an educated and skilled workforce; an unrivalled location as the gateway to China; the rule of law being upheld and respected by a clean government; low taxes funding world class infrastructure; a free flow of information; and international lifestyle[i].
A Further Look At The Draft Rules Governing AML Private Actions
By Susan Ning, Shan Lining, Ji Kailun and Liu Jia
On 25 April 2011, the Supreme People’s Court (the Court) published draft rules which govern Anti-Monopoly Law private actions (Draft Rules). These draft rules are entitled "Provisions on Issues Concerning the Application of Law in relation to Trials of Monopoly Civil Dispute Cases".
This article outlines the salent provisions of, and points to some interesting features of, these Draft Rules.
Continue Reading A Further Look At The Draft Rules Governing AML Private Actions
Supreme People’s Court Issues Draft Rules Governing Private Actions under the Anti-Monopoly Law
By Susan Ning, Yin Ranran
On 25 April 2011, the Supreme People’s Court issued for public comments draft rules which govern civil action in relation to Anti-Monopoly Law (AML) disputes. These rules are entitled "Provisions on Issues Concerning the Application of Law in the Trial of Monopoly Civil Dispute Cases"("Draft Rules"). Prior to the release of these Draft Rules, there haven’t been any detailed rules in relation to AML civil action. The court will consult on this Draft Rules till 1 June 2011.
The Draft Rules contain 20 articles covering jurisdiction, standing of plaintiffs, burden of proof, evidentiary rules, relationship of antitrust administrative investigations and the judicial process, form of civil liabilities and the statute of limitations. The objective of these Draft Rules is to ensure proper adjudication of civil monopoly disputes cases, prevent monopolistic conduct, protect fair competition in the market and safeguard the interests of consumers and public interest.