HKLII

Hong Kong Law Reform Commission
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Preface

Terms of reference


1. On 30 July 1998, the Chief Justice and the Secretary for Justice referred the following matter to the Law Reform Commission:

“To consider the adequacy of the existing law governing the way in which creditors, debt collection agencies and debt collectors collect debts in Hong Kong without recourse to the court system, and to recommend such changes in the law as may be thought appropriate.”


2. The Law Reform Commission has been greatly assisted by the findings of the Sub-committee and wish to record here our appreciation of the hard work devoted to this reference by members of the Sub-committee.

The Sub-committee


3. The Sub-committee on Regulation of Debt Collection Practices was appointed in November 1998 to consider and advise on the present state of the law and to make proposals for reform. The sub-committee members are:

The Hon Mr Justice Sakhrani

(Chairman since September
2000)

Judge of the High Court

Mr Robert G Kotewall, SBS, SC

(Vice-Chairman)

Senior Counsel

Mr Charles D Booth

Associate Professor

Department of Professional Legal Education

University of Hong Kong

Mr John R Brewer

formerly Secretary & Chief Financial Officer

First Ecommerce Asia Limited

Ms Carman Y F Chiu

(member until March 2000

and then since October 2001)

Senior Manager (Banking Development)

Hong Kong Monetary Authority

Mr Junius K Y Ho

Council Member

The Law Society of Hong Kong

Ms Rita S C Ho

Assistant Principal Solicitor

Companies Registry

Mr Robin McLeish

Barrister, Temple Chambers

formerly Deputy Privacy Commissioner for Personal Data

Mrs Rita L Y Tong

Manager, Customer Assistance

Standard Chartered Bank

Mr Tsang Wai-hung

(member since October 2001)

Chief Superintendent (Organized Crime & Triad Bureau)

Hong Kong Police Force

Miss Eliza K C Yau

(member since August 1999)

Principal Assistant Secretary

Security Bureau

Ms Cathy Wan

(Secretary)

Senior Government Counsel
Law Reform Commission


4. Former members who contributed to the work of the Sub-committee are:

Hon Mr Justice Litton, GBM

(Chairman until September
2000)

Non-permanent Judge of the Court of Final Appeal

Mr Philip K Y Chan

(member until August 1999)

(then) Principal Assistant Secretary

Security Bureau

Mr Thomas Chan Wai-ki

(member until October 2001)

Chief Superintendent

Hong Kong Police Force

Miss Margaret Mary Y F Leong

(member from March 2000
until October 2001)

Senior Manager

Hong Kong Monetary Authority


5. The reference has been considered by the Sub-committee and the Law Reform Commission over the course of 18 formal meetings. Views have also been exchanged by circulation of correspondence and informal meetings.

6. On 28 July 2000, in order to seek views and comments from the community, the Sub-committee issued a Consultation Paper setting out its initial proposals on the reference. Over 60 written responses were received, many of these were substantive with practical comments on the issues addressed in the Consultation Paper. While some reservations were expressed about certain of the initial proposals for reform, the proposals were generally welcomed. The consultation exercise elicited responses from a wide range of individuals and organisations, the list of which is at Annex 1.

7. We wish to express our thanks to all those who responded to the Consultation Paper. We would like to thank the UK Director General of Fair Trading, and the UK Information Commissioner (formerly, the Data Protection Commissioner) for providing assistance and information; and the Australian Competition and Consumer Commission for their assistance and kind permission to annex part of their guidelines to this Report. We thank Credit Information Services Ltd, the Hong Kong Monetary Authority, the Hong Kong Police Force, and the Privacy Commissioner for Personal Data for providing statistical data contained in this Report.