Hong Kong, SAR
A representative proceeding may be commenced by or against any one person as a representative of numerous persons who have the same interest in the proceeding. Although bearing similarities to a class action, the procedure for a representative proceeding is generally no different from that of an ordinary court proceeding. The parties may include a brief outline in their endorsement of claim to note that it is a representative proceeding. The usual practise is to include an annex in the writ of summons to provide the list of individuals being represented. In line with other court proceedings, there is no specific timeline to commence the proceedings. The timeframe may vary significantly subject to the complexity and case management style of the specific matter.
A judgment in representative proceedings is enforceable against parties to the proceedings. If a party seeks to enforce the judgment against a person who is not an actual party to the proceedings but who is a member being represented, leave from the court is required. As a represented person is not considered to be a party to the proceedings, they are unable to appeal the judgment individually and the judgment will be appealed by the representative.
Other than the representative proceedings as described above, Hong Kong does not have any mechanisms available for collective redress or class action. In 2009, the Law Reform Commission issued a report which recommended a new mechanism for class actions. The Department of Justice established a cross-sector working group in 2012, and the working group has been holding regular meetings to study the proposals in the report in detail and to consider ways to take the matter forward. However, it has yet to publish any findings or recommendations so far.