J. Amicus curiae
Where the case concerns an issue or legal principle of importance and either or both of the applicant and the respondent will not be legally represented at the substantive hearing, or the case concerns a novel and important legal principle, the court may appoint an amicus curiae to present disinterested legal arguments in a fair and impartial manner to assist the court.
As pointed out by the Court of Final Appeal in Secretary for Justice & Others v Chan Wah & Others (2000) 3 HKCFAR 293, the role of an amicus differs from that of an intervener. An amicus is to help the court by expounding the law impartially, or if one of the parties were unrepresented, by advancing the legal arguments on his behalf. The amicus's submissions to the Court will impartially deploy all relevant points irrespective of whether such points assist one side or the other.
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