| 1. | The restriction has its origins in the ancient common law crime and tort of champerty and maintenance 此限制源于古时普通法罪行及包揽诉讼与维持有关行为乃侵权行为。
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| 2. | Further legal complication arises if champerty is not abolished but a specific group of people or litigation under specific arrangements is allowed for potential financial rewards 此外,若并无废除包揽诉讼,而某一个组别人士或诉讼却可根据特定安排获得经济酬赏,则会引起错综复杂的法律问题。
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| 3. | Champerty or giving of assistance , encouragement or support to litigation by a person who has no legitimate interest in the litigation is currently against public policy and is unlawful in common law 在诉讼中并无合法权益的人士包揽诉讼或提供援助鼓励或支援诉讼,现时有违公共政策,而根据普通法亦属违法。
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| 4. | Though discussed in the consultation paper which makes reference to trade unions and insurance companies having a justifiable and legal interest in litigation , it is not clear if it is the intention to change the law to permit champerty and maintenance in hong kong 虽然谘询文件指出工会及保险公司在诉讼中具有正当及法律权益而作出讨论,但并未清楚表明是否有意更改法例,藉以准许在香港包揽诉讼及维持有关行为。
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