This chapter fast-forwards to the days of the hearing. It offers an overview of the oral pleadings, the exchanges between the parties, and the interactions between the litigants and the bench. The analysis seeks to dispel the common misunderstanding that a hearing entails a free-flowing and spontaneous discussion. In fact, it often looks like a tightly choreographed play where agents, counsel, adjudicators, and court officials each follow their script. All participants embrace their role as actors and gleefully contribute to this staged performance. The theatrics of the hearing serve a twofold purpose. On the one hand, they enable the professionals involved to come together, tacitly acknowledge one another, and enhance their relative prestige. On the other hand, they help convey the symbolic force of international adjudication as the center-stage of peaceful governance.

This chapter considers the issues arising in relation to the pleading phase of litigation, which is the first phase of court proceedings. After proceedings have been commenced by the originating process (which is often itself a pleading), the defendant (or defendants) must decide whether, and how, to defend the proceedings. The pleading process continues many of the key themes of civil dispute resolution discussed in Chapters 8 and 9. The procedures for pleading a case emanate from the same aims as the originating process of making justice accessible, maximising efficiency, giving all parties the right to be heard and ensuring open justice.1 Matters can involve large numbers of pleadings, with the most common types of pleadings required being defences, cross-claims, cross-defences and replies. Once all the pleadings have been filed and served, including any amendments to pleadings required and allowed by the court, the pleadings are said to have closed. The parties can then complete evidence gathering and preparation for trial.

This chapter focuses on the civil justice system in Hong Kong. It provides readers with an overview of civil litigation and its processes, from starting an action to remedies. Key stages of civil procedure, such as summary and default judgment, discovery and injunctions, are highlighted and discussed. The drawbacks to civil litigation are also examined. The second part of this chapter looks at the Civil Justice Reform that occurred in Hong Kong in 2009, discussing the changes that were implemented in order to enhance efficiency, cost-effectiveness and fairness for individuals going through the civil justice system in Hong Kong.