Chapter: | 4B | HIGH COURT SUITORS' FUNDS RULES | Gazette Number | Version Date |
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Empowering section | 25 of 1998 | 01/07/1997 |
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Remarks:
Adaptation amendments retroactively made - see 25 of 1998 s. 2
HIGH COURT SUITORS' FUNDS RULES (25 of 1998 s. 2)
(Cap 4, section 57) [11 May 1979] (Originally L.N. 124 of 1979)
Rule: | 1 | Citation | 25 of 1998 | 01/07/1997 |
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Remarks:
Adaptation amendments retroactively made - see 25 of 1998 s. 2
PRELIMINARY
These rules may be cited as the High Court Suitors' Funds Rules. (25 of 1998 s. 2)
Rule: | 2 | Interpretation | 25 of 1998 | 01/07/1997 |
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Remarks:
Adaptation amendments retroactively made - see 25 of 1998 s. 2
In these rules, unless the context otherwise requires
"Accountant" (會計師) means the Judiciary Accountant;
"court" (法院) means the High Court; (25 of 1998 s. 2)
"funds" (儲存金) or "funds in court" (法院儲存金) means any money or securities, movable property or any part thereof standing in or to be placed to the Registrar's account and includes boxes and other effects;
"ledger credit" (分類帳貸方) means the title of the cause or matter and the separate account (if any) opened or to be opened under an order or otherwise in the books of the Registrar to which any funds are credited or to be credited;
"lodge in court" (向法院交存) means pay or transfer into court or deposit in court, and "lodgment in court" (交存於法院), has a corresponding meaning;
"order" (命令) means an order of the court and includes a judgment or decree and includes the schedule or schedules to an order;
"Registrar" (司法常務官) means the Registrar of the court;
"title of the cause or matter" (訟案或事宜的標題) means the short title of the cause or matter with reference to the record.
Rule: | 3 | Lodgment of funds | 25 of 1998 | 01/07/1997 |
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Remarks:
Adaptation amendments retroactively made - see 25 of 1998 s. 2
Cap 4B - HIGH COURT SUITORS' FUNDS RULES
LODGMENT OF FUNDS IN COURT
(4A) Where money is lodged by a party to arbitration proceedings who makes payment into the High Court in accordance with rules of court the receipt shall contain a statement of the circumstances as set out in the notice of payment which accompanied the payment in. (L.N. 351 of 1982; 25 of 1998 s. 2)
(5) Where the funds lodged are money the Registrar shall pay the same to an account to be called the "High Court Suitors' Funds Account" at such bank as the Director of Accounting Services shall direct. (25 of 1998 s. 2)
Remarks:
Adaptation amendments retroactively made - see 25 of 1998 s. 2
(1) The Registrar shall cause to be prepared for every period of 12 months ending on 31 March in each year a statement of the accounts kept under rule 4(1) which statement shall-
(2) (Repealed 32 of 2000 s. 23)
Rule: | 6 | Shares and securities | 25 of 1998 | 01/07/1997 |
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Remarks:
Adaptation amendments retroactively made - see 25 of 1998 s. 2
(1) All kinds of securities may be lodged in court.
Rule: | 7 | Principal money and dividend in respect of securities to be placed in books | 25 of 1998 | 01/07/1997 |
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Remarks:
Adaptation amendments retroactively made - see 25 of 1998 s. 2
Any principal money or dividends received by the Registrar in respect of securities lodged in court shall be placed in his books, in the case of principal money to the credit to which the securities whereon such money arose were standing at the time of the receipt thereof, and in the case of dividends to the credit to which the securities whereon such dividends accrued were standing at the time of closing of the transfer books of such securities previously to the dividends becoming due.
Rule: | 8 | Payment out of money lodged in court | 25 of 1998 | 01/07/1997 |
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Remarks:
Adaptation amendments retroactively made - see 25 of 1998 s. 2
PAYMENT, DELIVERY AND TRANSFER OF FUNDS OUT OF COURT
AND OTHER DEALINGS WITH FUNDS
(1) Any money lodged in court may be paid out
court, and any cheque or instructions to the bank for a transfer of funds shall be signed by 2 persons as may from time to time be authorized in writing by the Registrar. (L.N. 345 of 1980)
(2) Payment out shall be made at the High Court on weekdays, except Saturdays and general holidays, between the hours of 10.00 a.m. and 1.00 p.m., and between the hours of 2.00 p.m. and 4.00 p.m. (25 of 1998 s. 2)
Rule: | 9 | Ascertainment of sums by certificate of Registrar | 25 of 1998 | 01/07/1997 |
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Remarks:
Adaptation amendments retroactively made - see 25 of 1998 s. 2
When an order directs any sums to be ascertained by the certificate of the Registrar and to be afterwards paid in accordance therewith, such certificate shall be as nearly as may be in Form 4 in the Schedule and the Registrar shall on the request of the persons entitled to payment pay such sum in accordance with rule 8.
Rule: | 10 | Payment of costs | 25 of 1998 | 01/07/1997 |
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Remarks:
Adaptation amendments retroactively made - see 25 of 1998 s. 2
When an order directs payment out of a fund in court of any costs directed to be taxed, the Registrar shall-
Rule: | 11 | Payment out, transfer, etc. of fund to personal representative of person entitled to payment | 25 of 1998 | 01/07/1997 |
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Remarks:
Adaptation amendments retroactively made - see 25 of 1998 s. 2
Rule: | 12 | Order directing payment out, transfer etc. to describe person entitled to payment etc. | 25 of 1998 | 01/07/1997 |
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Cap 4B - HIGH COURT SUITORS' FUNDS RULES
certificate of the Registrar and in the case of payment to a firm, it shall be sufficient to state the business name of such firm.
Rule: | 13 | Order directing investment of money lodged in court | 25 of 1998 | 01/07/1997 |
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Rule: | 14 | Order directing other dealings with money lodged in court | 25 of 1998 | 01/07/1997 |
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Remarks:
Adaptation amendments retroactively made - see 25 of 1998 s. 2
When money in court is by an order directed to be dealt with otherwise than by lodgment, withdrawal, transfer or investment, the party having the carriage of the order shall lodge with the Registrar a request in writing for the money to be dealt with in the terms of the order, and the Registrar shall thereupon act in accordance with such order.
Rule: | 15 | Carrying over of funds to separate account | 25 of 1998 | 01/07/1997 |
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Remarks:
Adaptation amendments retroactively made - see 25 of 1998 s. 2
When funds in court are ordered to be carried over to a separate account, the title of the ledger credit to be opened for the purpose shall commence with the title of the cause or matter to which such funds are standing.
Rule: | 16 | Power of Registrar to invest funds | L.N. 155 of 2008; L.N. 18 of 2009 | 02/04/2009 |
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INVESTMENT OF FUNDS LODGED
(3B) Notwithstanding paragraph (3A), where money paid in court for any purpose referred to in paragraph (3)(a) is a sanctioned payment within the meaning of Order 22 of the Rules of the High Court (Cap 4 sub. leg. A), interest shall be credited on the ledger credit for the relevant cause or matter, beginning 28 days after the money is paid in.
(L.N. 155 of 2008)
(4) Interest on any money lodged in court shall not be computed on a fraction of one dollar.
(5) The Registrar shall not be required to apportion any amount of interest payable on money lodged in court on any ledger credit.
Note:
Please see the transitional provision in rule 2 of L.N. 274 of 1998.
Rule: | 17 | Surplus income | 25 of 1998 | 01/07/1997 |
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Remarks:
Adaptation amendments retroactively made - see 25 of 1998 s. 2
The Registrar shall pay into the Treasury as soon as is practicable after the end of each financial year any sum standing in the High Court Suitors' Funds Account over and above the amounts required by these rules to be credited to the various accounts, and such sum shall be transferred into the general revenue of Hong Kong.
(25 of 1998 s. 2)
Rule: | 18 | Cost of administrating Suitors' Funds Account | 25 of 1998 | 01/07/1997 |
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Remarks:
Adaptation amendments retroactively made - see 25 of 1998 s. 2
The cost of administrating the various accounts required to be kept under these rules shall be defrayed out of the general revenue of Hong Kong.
Rule: | 19 | Evidence by affidavit of life or fulfilment of condition | 25 of 1998 | 01/07/1997 |
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Remarks:
Adaptation amendments retroactively made - see 25 of 1998 s. 2
EVIDENCE OF LIFE, ETC.
Where any person is entitled under an order to receive dividends or other periodical payments and the Registrar requires evidence of life or of the fulfilment of any conditions affecting such payments, such evidence shall be furnished by affidavit.
Rule: | 20 | Evidence by affidavit or declaration of other matters | 25 of 1998 | 01/07/1997 |
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Remarks:
Adaptation amendments retroactively made - see 25 of 1998 s. 2
When, in carrying into effect the directions of an order, evidence is required by the Registrar for any purposes other than those included in rule 19, he may receive and act upon an affidavit or upon a statutory declaration, and
Cap 4B - HIGH COURT SUITORS' FUNDS RULES
every such affidavit or statutory declaration shall be filed in court when the Registrar shall consider it necessary.
Rule: | 21 | Certificate of description and amount of funds | 25 of 1998 | 01/07/1997 |
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Remarks:
Adaptation amendments retroactively made - see 25 of 1998 s. 2
MISCELLANEOUS
Rule: | 22 | Transcript of accounts in Registrar's books | 25 of 1998 | 01/07/1997 |
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Remarks:
Adaptation amendments retroactively made - see 25 of 1998 s. 2
Upon a request signed by or on behalf of a person claiming to be interested in funds in court, the Registrar shall, unless there is good reason for refusing
Rule: | 23 | Transfer of unclaimed moneys in court | 25 of 1998 | 01/07/1997 |
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Remarks:
Adaptation amendments retroactively made - see 25 of 1998 s. 2
Rule: | 24 | Application of English procedures | 25 of 1998 | 01/07/1997 |
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Remarks:
Adaptation amendments retroactively made - see 25 of 1998 s. 2
In any case not provided for by these rules, the practice of the Paymaster General's Office for business of the Supreme Court of Judicature in England may be followed as nearly as the circumstances of the case will admit.
Schedule: | SCHEDULE | 25 of 1998 | 01/07/1997 |
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Remarks:
Adaptation amendments retroactively made - see 25 of 1998 s. 2
FORM 1 [rule 3(3)]
Receipt
IN THE HIGH COURT OF HONG KONG
(Title of cause or matter. No. of 19 )
Ledger account
(if the same as the cause, state as above)
Received from the sum of
[or the following securities or a packet marked purporting to contain (here insert list of contents), or the following movable property (here insert particulars)].
(Signature) ........................................ Registrar
Dated this day of , 19 . (25 of 1998 s. 2)
FORM 2 [rule 6(4)]
Authority to company to register transfer
IN THE HIGH COURT OF HONG KONG
(Title of cause or matter. No. of 19 )
Ledger account
(if the same as the cause, state as above)
To , Limited, Hong Kong. Please register transfer of shares Nos. from to the Registrar of the High Court.
(Signature) ........................................ Registrar
Dated this day of , 19 . (25 of 1998 s. 2)
FORM 3 [rule 6(5)]
Certificate of registration of shares
The above-mentioned shares have this day been transferred to the Registrar of the High Court as authorized.
(Signature) ........................................ Secretary of , Ltd.
Dated this day of , 19 . (25 of 1998 s. 2)
FORM 4 [rule 9]
Certificate of ascertained sums
IN THE HIGH COURT OF HONG KONG
(Title of cause or matter. No. of 19 )
Ledger account (if the same as the cause, state as above) I hereby certify that under order dated , 19 , the sums stated in the schedule subjoined hereto amounting in the whole to $ have been ascertained to be the sums payable under the said order to the persons respectively named in respect of (state in what character paid). Dated this day of , 19 .
(Signature) ........................................ Registrar
SCHEDULE
Address | Amount | |
Name | (if ascertained) | to be paid |
(25 of 1998 s. 2) | ||
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____________ | ||
FORM 5 | [rule 10] | |
Certificate of taxed costs | ||
Cap 4B - HIGH COURT SUITORS' FUNDS RULES | 9 |
IN THE HIGH COURT OF HONG KONG
(Title of cause or matter. No. of l9 )
Ledger account
(if the same as the cause, state as above)
In pursuance of an order dated 19 , I have been attended by the solicitors for and I certify that I have taxed the costs specified in the schedule subjoined hereto directed to be taxed by the order at the sums respectively stated in the schedule, which sums with the fees of taxation specified amount to the total sum of
Dated this day of , 19 .
(Signature) ........................................ Registrar
SCHEDULE
Cost of | Payable to | Amount of taxed costs and fees | |||
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Address | Name | ||||
Total $ (25 of 1998 s. 2)
FORM 6 [rule 11(2)]
Declaration
IN THE HIGH COURT OF HONG KONG
(Title of cause or matter. No. of 19 ) Ledger account (if the same as the cause, state as above)
I (name and address of applicant) solemnly and sincerely declare that I am the (degree of relationship) and next or one of the next of kin of (name of deceased) and that I am entitled to take out administration to his estate and to receive the sum of $ directed to be paid to him by the order dated the ,
19 :
And I further declare that the total value of the assets of the deceased including the above sum does not exceed $5000, and I certify that the death-bed and funeral expenses of the deceased have been paid: And I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Oaths and Declarations Ordinance.
(Signature of applicant) ......................
Declared at
Before me this day of , 19 .
(Signature) ........................................ |
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Notary public, or |
other authorized officer |
(47 of 1997 s. 10; 25 of 1998 s. 2) |