The Hong Kong Judiciary has issued two special practice directions for claims arising from the Wang Fuk Court fire. They took effect immediately on 12 November and set out a route for settlement, mediation and faster handling of specified cases.
Under SPN 1, parties to covered civil claims should explore settlement through without-prejudice negotiations before starting court proceedings. If negotiations fail, they should attempt alternative dispute resolution, including mediation, within six months of the negotiations failing. Litigation is intended as a last resort.
If those efforts fail, parties may begin proceedings but must explain to the court why resolution efforts failed and where their proposals differed. The court may pause proceedings for up to six months to give parties time to attempt alternative dispute resolution, including where they have not yet tried it. It can also issue collective case-management directions, speed up the timetable, limit the scope or timing of document disclosure and expert evidence, or consolidate proceedings.
SPN 1 covers fire-related civil claims handled by the High Court or District Court, except for specified categories of claims. SPN 2 covers fire-related employee-compensation claims in the District Court and civil claims handled by the small-claims and labour tribunals.
For employee-compensation claims covered by SPN 2, the District Court’s schedule provides for a first hearing within two months of the application date. Related civil claims in the small-claims and labour tribunals are to receive priority.
The Judiciary’s dedicated webpage for mediation in fire-related civil claims includes practical information, details of community mediation services and contact details for its Integrated Mediation Office.