Chapter: | 4A | THE RULES OF THE HIGH COURT | Gazette Number | Version Date |
---|
Empowering section | 25 of 1998 | 01/07/1997 |
---|
Remarks: Adaptation amendments retroactively made - see 25 of 1998 s. 2 THE RULES OF THE HIGH COURT (25 of 1998 s. 2) (Cap 4, section 54) [These rules (other than Order 75) } 1 May 1988 Order 75 } 24 February 1989 3 of 1989 s. 5] (Originally L.N. 117 of 1988)
Order: | 1 | CITATION, APPLICATION, INTERPRETATION AND FORMS | L.N. 265 of 2009 | 01/01/2010 |
---|
PRELIMINARY
TABLE
Proceedings Enactments
sections 10 and 54. (HK)7. Adoption proceedings. Adoption Ordinance (Cap 290), section 12. (HK)8. Proceedings under the Domestic and Cohabitation Domestic and Cohabitation Relationships
Relationships Violence Ordinance (Cap 189). Violence Ordinance (Cap 189), section 8. (18 of 2009 s. 18)
(3) These rules shall not have effect in relation to any criminal proceedings other than any criminal proceedings
to which Order 53, Order 59, Order 62, Order 70, Order 115, Order 115A, Order 116, Order 117, Order 118 or Order 119 applies. (L.N. 282 of 1989; L.N. 403 of 1992; L.N. 156 of 1995; L.N. 242 of 1996; L.N. 222 of 1997; L.N. 152 of 2008)
TABLE
(L.N. 152 of 2008) (25 of 1998 s. 2)
(1) In these rules, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, namely- "aided person" (受助人) means an aided person within the meaning of the Legal Aid Ordinance (Cap 91); (L.N. 152
of 2008) "Amendment Rules 2008" (《2008年修訂規則》) means the Rules of the High Court (Amendment) Rules 2008
(L.N. 152 of 2008); (L.N. 152 of 2008)
"an action for personal injuries" (就人身傷害而提出的訴訟) means an action in which there is a claim for damages in respect of personal injuries to the plaintiff or any other person or in respect of a person's death, and "personal injuries" (人身傷害) includes any disease and any impairment of a person's physical or mental condition;
(HK) "bailiff" (執達主任) means a bailiff of the Court and any person lawfully authorized to execute the process of the Court; "cause book" (訟案登記冊) means the book or other record kept in the Registry in which the letter and number of, and other details relating to, a cause or matter are entered; (L.N. 275 of 1998) (HK) "Full Bench" (合議庭) means a Bench consisting of 2 or more Judges of the Court of First Instance; (25 of 1998 s. 2) "judgment rate" (判定利率) means the rate of interest determined by the Chief Justice under section 49(1)(b) of the Ordinance; (18 of 2003 s. 12) "master" (聆案官) means a master of the High Court and includes the Registrar of the High Court and a Senior Deputy Registrar, Deputy Registrar or Assistant Registrar of the High Court; (L.N. 99 of 1993; 25 of 1998 s. 2; 10 of 2005 s. 165) (HK) "money lender's action" (放債人訴訟) has the meaning assigned to it by Order 83A;
"notice of intention to defend" (擬抗辯通知書) means an acknowledgment of service containing a statement to the effect that the person by whom or on whose behalf it is signed intends to contest the proceedings to which the acknowledgment relates;
"officer" (人員) means an officer of the High Court; (25 of 1998 s. 2)
"originating summons" (原訴傳票) means every summons other than a summons in a pending cause or matter;
"pleading" (狀書) does not include a petition, summons or preliminary act;
"practice direction" (實務指示) means
(a) a direction issued by the Chief Justice as to the practice and procedure of the Court; or
(b) a direction issued by a specialist judge for his specialist list; (L.N. 152 of 2008) "probate action" (遺囑認證訴訟) has the meaning assigned to it by Order 76; "receiver" (接管人) includes a manager or consignee; (HK) "Registrar" (司法常務官) means the Registrar of the High Court; and includes a Senior Deputy Registrar,
Deputy Registrar or Assistant Registrar of the High Court; (25 of 1998 s. 2; 10 of 2005 s. 165) (HK) "Registry" (登記處) means the Registry of the High Court; (25 of 1998 s. 2) (HK) "the Ordinance" (本條例) means the High Court Ordinance (Cap 4); (25 of 1998 s. 2) "vacation" (休庭期) means the interval between sittings of the High Court as prescribed by Order 64; (25 of 1998 s.
2) "writ" (令狀) means a writ of summons; (HK) "written law" (成文法律) includes "Ordinance" and "enactment" as defined in section 3 of the Interpretation
and General Clauses Ordinance (Cap 1). (L.N. 152 of 2008)
Except where the context otherwise requires, references in these rules to an action or claim for the possession of land shall be construed as including references to proceedings against the Government for an order declaring that the plaintiff is entitled as against the Government to the land or to the possession thereof.
(29 of 1998 s. 105)
(HK)7A. Construction of references to Registrar (O. 1, r. 7A)
(HK) Wherever the word "Registrar" appears in these rules and forms there may be substituted the word "Master" when and where appropriate.
9. Forms (O. 1, r. 9)
(1) The forms in the Appendices shall be used where applicable with such variations as the circumstances of the particular case require.
10. Rules not to exclude conduct of business by post (O. 1, r. 10)
Nothing in these rules shall prejudice any power to regulate the practice of the Court by giving directions enabling any business or class of business to be conducted by post. (Enacted 1988)
Order: | 1A | OBJECTIVES | L.N. 152 of 2008; L.N. 18 of 2009 | 02/04/2009 |
---|
1. Underlying objectives (O. 1A, r. 1)
The underlying objectives of these rules are
2. Application by the Court of underlying objectives (O. 1A, r. 2)
(O. 1A, r. 4)
(L.N. 152 of 2008)
Order: | 1B | CASE MANAGEMENT POWERS | L.N. 152 of 2008; L.N. 18 of 2009 | 02/04/2009 |
---|
1. Court's general powers of management (O. 1B, r. 1)
2. Court's power to make order of its own motion (O. 1B, r. 2)
3. Court's power to give procedural directions by way of order nisi
(O. 1B, r. 3)
(L.N. 152 of 2008)
Order: | 2 | EFFECT OF NON-COMPLIANCE | L.N. 152 of 2008; L.N. 18 of 2009 | 02/04/2009 |
---|
1. Non-compliance with Rules (O. 2, r. 1)
2. Application to set aside for irregularity (O. 2, r. 2)
3. Non-compliance with rules and court orders (O. 2, r. 3)
(L.N. 152 of 2008)
4. Sanctions have effect unless defaulting party obtains relief (O. 2, r. 4)
Where a party has failed to comply with a rule or court order, any sanction for failure to comply imposed by the rule or court order has effect unless the party in default applies to the Court for and obtains relief from the sanction within 14 days of the failure.
(L.N. 152 of 2008)
5. Relief from sanctions (O. 2, r. 5)
(L.N. 152 of 2008) (Enacted 1988)
1. "Month" (月) means calendar month (O. 3, r. 1)
Without prejudice to section 3 of the Interpretation and General Clauses Ordinance (Cap 1) in its application to these rules, the word "month" (月), where it occurs in any judgment, order, direction or other document forming part of any proceedings in the High Court, means a calendar month unless the context otherwise requires.
(25 of 1998 s. 2)
2. Reckoning periods of time (O. 3, r. 2)
least that number of days must intervene between the day on which the act is done and that date.
(5) Where, apart from this paragraph, the period in question, being a period of 7 days or less, would include a Sunday or a general holiday, that day shall be excluded.
In this paragraph "general holiday" (公眾假期) means a day which is, or is to be observed as, a general holiday under the General Holidays Ordinance (Cap 149). (35 of 1998 s. 5)
6. Notice of intention to proceed after year's delay (O. 3, r. 6)
Where a year or more has elapsed since the last proceeding in a cause or matter, the party who desires to proceed must give to every other party not less than one month's notice of his intention to proceed. A summons on which no order was made is not a proceeding for the purposes of this rule. (Enacted 1988)
Remarks:
Adaptation amendments retroactively made - see 25 of 1998 s. 2
COMMENCEMENT AND PROGRESS OF PROCEEDINGS
2. Companies (O. 4, r. 2)
Where an order has been made by the Court for the winding-up of a company, all proceedings in chambers in any action against that company at the instance or on behalf of debenture holders shall be dealt with by an officer of the Court of First Instance who is a registrar within the meaning of any rules for the time being in force relating to the winding-up of companies.
(25 of 1998 s. 2)
9. Consolidation, etc., of causes or matters (O. 4, r. 9)
(Enacted 1988)
Order: | 5 | MODE OF BEGINNING CIVIL PROCEEDINGS IN THE COURT OF FIRST INSTANCE | L.N. 152 of 2008; L.N. 18 of 2009 | 02/04/2009 |
---|
MODE OF BEGINNING CIVIL PROCEEDINGS IN THE COURT OF FIRST INSTANCE (25 of 1998 s. 2)
1. Mode of beginning civil proceedings (O. 5, r. 1)
Subject to the provisions of any written law and of these rules, civil proceedings in the Court of First Instance may be begun by writ or originating summons. (25 of 1998 s. 2; L.N. 152 of 2008)
2-3. (Repealed L.N. 152 of 2008)
4. Proceedings which may be begun by writ or originating summons (O. 5, r. 4)
5. Proceedings to be begun by motion or petition (O. 5, r. 5)
Proceedings may be begun by originating motion or petition if, but only if, under any written law the proceedings in question are required or authorized to be so begun.
(L.N. 152 of 2008)
6. Right to sue in person (O. 5, r. 6)
7. Transitional provision relating to rule 16 of Amendment Rules 2008
(O. 5, r. 7)
Any civil proceedings begun by originating motion or petition before the commencement* of the Amendment Rules 2008 and pending immediately before the commencement may be continued and disposed of as if rule 16 of the Amendment Rules 2008 had not been made.
(L.N. 152 of 2008) (Enacted 1988)
Note:
* Commencement date: 2 April 2009.
Order: | 6 | WRITS OF SUMMONS: GENERAL PROVISIONS | L.N. 152 of 2008; L.N. 18 of 2009 | 02/04/2009 |
---|
(1) Before a writ is issued it must be indorsed-
3. Indorsement as to capacity (O. 6, r. 3)
Before a writ is issued it must be indorsed-
5. Indorsement as to solicitor and address (O. 6, r. 5)
6. Concurrent writ (O. 6, r. 6)
7. Issue of writ (O. 6, r. 7)
(1) No writ which is to be served out of the jurisdiction shall be issued without the leave of the Court:
Provided that if every claim made by a writ is one which by virtue of any written law the Court of First Instance has power to hear and determine notwithstanding that the person against whom the claim is made is not within the jurisdiction of the Court or that the wrongful act, neglect or default giving rise to the claim did not take place within its jurisdiction, the foregoing provision shall not apply to the writ. (25 of 1998 s. 2)
8. Duration and renewal of writ (O. 6, r. 8)
(Enacted 1988)
Order: | 7 | ORIGINATING SUMMONS: GENERAL PROVISIONS | L.N. 152 of 2008; L.N. 18 of 2009 | 02/04/2009 |
---|
(1) Every originating summons (other than an ex parte summons) shall be in Form No. 8 or, if so authorized or required, in Form No. 10 in Appendix A, and every ex parte originating summons shall be in Form No. 11 in Appendix A.
(1A) Form No. 8 in Appendix A is to be used in all cases except where another form is prescribed under a written law or there is no party on whom the summons is to be served. (L.N. 152 of 2008)
(1B) Form No. 10 in Appendix A is to be used if it is prescribed under a written law. (L.N. 152 of 2008)
(1C) Form No. 11 in Appendix A is to be used if there is no party on whom the summons is to be served. (L.N.
152 of 2008)
3. Contents of summons (O. 7, r. 3)
Order 6, rule 8, shall apply in relation to an originating summons as it applies in relation to a writ.
originating summons as they apply in relation to a writ. (Enacted 1988)
Order: | 8 | ORIGINATING AND OTHER MOTIONS: GENERAL PROVISIONS | L.N. 152 of 2008; L.N. 18 of 2009 | 02/04/2009 |
---|
1. Application (O. 8, r. 1)
The provisions of this Order apply to all motions required or authorized under a written law, subject to any provisions relating to any class of motion made by that written law or any other written law.
(L.N. 152 of 2008)
2. Notice of motion (O. 8, r. 2)
3. Form and issue of notice of motion
(O. 8, r. 3)
(1) The notice of an originating motion must be in Form No. 13 in Appendix A and the notice of any other
motion in Form No. 38 in that Appendix. Where leave has been given under rule 2(2) to serve short notice of motion, that fact must be stated in the notice.
(O. 8, r. 6)
Where, immediately before the commencement* of the Amendment Rules 2008, an application, request or appeal by motion or originating motion made under a provision amended by Part 5 of the Amendment Rules 2008 is pending, then the application, request or appeal is to be determined as if that provision had not been so amended.
(L.N. 152 of 2008) (Enacted 1988)
Note:
* Commencement day: 2 April 2009.
Order: | 9 | PETITIONS: GENERAL PROVISIONS | L.N. 152 of 2008; L.N. 18 of 2009 | 02/04/2009 |
---|
1. Application (O. 9, r. 1)
The provisions of this Order apply to all petitions required or authorized under a written law, subject to any provisions relating to any class of petition made by that written law or any other written law.
(L.N. 152 of 2008)
2. Contents of petition (O. 9, r. 2)
(b) The relevant resolution of the board of the body corporate authorizing the director to appear on its behalf if leave is granted shall be exhibited to the affidavit.
(L.N. 108 of 2002) (Enacted 1988)
Order: | 10 | SERVICE OF ORIGINATING PROCESS: GENERAL PROVISIONS | L.N. 152 of 2008; L.N. 18 of 2009 | 02/04/2009 |
---|
1. General provisions (O. 10, r. 1)
2. Service of writ on agent of overseas principal (O. 10, r. 2)
(1) Where the Court is satisfied on an ex parte application that-
business relations with his principal, the Court may authorize service of a writ beginning an action relating to the contract to be effected on the agent instead of the principal.
3. Service of writ in pursuance of contract (O. 10, r. 3)
(1) Where
then, if an action in respect of the contract is begun in the Court and the writ by which it is begun is served in accordance with the contract, the writ shall, subject to paragraph (2), be deemed to have been duly served on the defendant.
(2) A writ which is served out of the jurisdiction in accordance with a contract shall not be deemed to have been duly served on the defendant by virtue of paragraph (1) unless leave to serve the writ out of the jurisdiction has been granted under Order 11, rule 1(1) or service of the writ is permitted without leave under Order 11, rule 1(2).
4. Service of writ in certain actions for possession of premises or land (O. 10, r. 4)
(1) Where a writ is indorsed with a claim for the recovery, or delivery of possession, of premises or land, the Court may
(HK)(2) Where a writ is indorsed with a claim for the recovery, or delivery of possession, of premises or land, in addition to, and not in substitution for any other mode of service, a copy of the writ shall be posted in a conspicuous place on or at the entrance to the premises or land recovery or possession of which is claimed.
5. Service of originating summons, notice of motion, or petition (O. 10, r. 5)
originating motion and a petition as they apply in relation to a writ. (Enacted 1988)
Order: | 11 | SERVICE OF PROCESS, ETC., OUT OF THE JURISDICTION | L.N. 152 of 2008; L.N. 18 of 2009 | 02/04/2009 |
---|
1. Principal cases in which service of writ out of jurisdiction is permissible (O. 11, r. 1)
Cap 4A - THE RULES OF THE HIGH COURT
(1) Provided that the writ is not a writ to which paragraph (2) of this rule applies, service of a writ out of the jurisdiction is permissible with the leave of the Court if in the action begun by the writ- (L.N. 363 of 1990)
Ordinance; (L.N. 152 of 2008) (oc) the claim is for interim relief or appointment of a receiver under section 21M(1) of the Ordinance;
(L.N. 152 of 2008)
(od) the claim is for a costs order under section 52A(2) of the Ordinance against a person who is not a party to the relevant proceedings; (L.N. 152 of 2008)
(p) the claim is brought for money had and received or for an account or other relief against the defendant as constructive trustee, and the defendant's alleged liability arises out of acts committed, whether by him or otherwise, within the jurisdiction. (L.N. 404 of 1991)
(2) Service of a writ out of the jurisdiction is permissible without the leave of the Court provided that each claim made by the writ is-
(b) a claim which by virtue of any written law the Court of First Instance has power to hear and determine notwithstanding that the person against whom the claim is made is not within the jurisdiction of the Court or that the wrongful act, neglect or default giving rise to the claim did not take place within its jurisdiction. (25 of 1998 s. 2)
4. Application for, and grant of, leave to serve writ out of jurisdiction (O. 11, r. 4)
5. Service of writ out of jurisdiction: general
(O. 11, r. 5)
contrary is proved, be deemed to be such a certificate.
(8) In this rule and rule 6 "the Hague Convention" means the Convention on the service abroad of judicial or extra-judicial documents in civil or commercial matters signed at The Hague on 15 November 1965.
5A. Service of writ in the Mainland of China through judicial authorities
(O. 11, r. 5A)
(L.N. 39 of 1999)
6. Service of writ abroad through foreign governments, judicial authorities and British consuls (O. 11, r. 6)
(2A) Where in accordance with these rules, a writ is to be served on a defendant in any country which is a party to the Hague Convention, the writ may be served-
Registry a request for service of the writ by that method, together with a copy of the writ and an additional copy thereof for each person to be served.
7. Service of process on a foreign State
(O. 11, r. 7)
7A. Service of writ in certain actions under Carriage by Air Ordinance (O. 11, r. 7A)
(HK)(1) Where a person to whom leave has been granted under rule 1 to serve a writ on a High Contracting Party or State Party, as may be appropriate, within the meaning of section 2(1) of Carriage by Air Ordinance (Cap 500), being a writ beginning an action to enforce a claim in respect of carriage undertaken by that Party, wishes to have the writ served on that Party, he must lodge in the Registry- (13 of 1997 s. 20; 22 of 2005 s. 26)
(L.N. 362 of 1997)
8. Undertaking to pay expenses of service by the Chief Secretary for Administration (O. 11, r. 8)
Every request lodged under rule 6(4), rule 7 or rule 7A must contain an undertaking by the person making the request to be responsible personally for all expenses incurred by the Chief Secretary for Administration in respect of the service requested and, on receiving due notification of the amount of those expenses, to pay that amount to the Treasury and to produce a receipt for the payment to the Registrar.
(L.N. 362 of 1997)
8A. Undertaking to pay expenses of service by the Registrar
(O. 11, r. 8A)
Every request lodged under rule 5A must contain an undertaking by the person making the request to be responsible personally for all expenses incurred by the Registrar in respect of the service requested and, on receiving due notification of the amount of those expenses, to pay that amount to the Treasury and to produce a receipt for the payment to the Registrar.
(L.N. 39 of 1999)
9. Service of originating summons, petition, notice of motion, etc. (O. 11, r. 9)
jurisdiction leave has been granted under this rule as they apply in relation to a writ. (L.N. 39 of 1999) (Enacted 1988)
Note:
⊕
!
Please also see following-
Order: | 12 | ACKNOWLEDGMENT OF SERVICE OF WRIT OR ORIGINATING SUMMONS | L.N. 152 of 2008; L.N. 18 of 2009 | 02/04/2009 |
---|
1. Mode of acknowledging service (O. 12, r. 1)
such defendant to be represented by one of its directors, such defendant may not take any further step in the action otherwise than by a solicitor.
(2A) (a) An application by a body corporate for leave to be represented by one of its directors shall be made ex parte to a Registrar and supported by an affidavit, made by the director and filed with the application, stating and verifying the reasons why leave should be given for the body corporate to be represented by the director. (L.N. 103 of 1994; L.N. 108 of 2002)
(b) The relevant resolution of the board of the body corporate authorizing the director to appear on its
behalf if leave is granted shall be exhibited to the affidavit.
(2B) No appeal shall lie from an order of the Registrar under paragraph (2A) giving or refusing leave.
(2C) Leave given by a Registrar under paragraph (2A) may be revoked by the Court at any time.
(2D) No appeal shall lie from an order of the Court revoking leave given by a Registrar.
3. Acknowledgment of service (O. 12, r. 3)
added a numbered box at a document exchange of his solicitor within the jurisdiction; and where the defendant acknowledges service in person the address within the jurisdiction specified under subparagraph (a) shall be his address for service, but otherwise his solicitor's business address shall be his address for service.
In relation to a body corporate the references in sub-paragraph (a) to the defendant's place of residence shall be construed as references to the defendant's registered or principal office.
4. Procedure on receipt of acknowledgment of service (O. 12, r. 4)
On receiving an acknowledgment of service an officer of the Registry must
5. Time limited for acknowledging service (O. 12, r. 5)
References in these rules to the time limited for acknowledging service are references
6. Late acknowledgment of service (O. 12, r. 6)
152 of 2008)
(2A) The grounds specified for the purposes of paragraph (2) are that-
pending between the defendant and the plaintiff in another court. (L.N. 152 of 2008)
(L.N. 152 of 2008)
8A. Application by defendant where writ not served (O. 12, r. 8A)
9. Acknowledgment of service of originating summons (O. 12, r. 9)
(L.N. 119 of 1998)
10. Acknowledgment of service to be treated as entry of appearance (O. 12, r. 10)
For the purpose of any enactment referring expressly or impliedly to the entry of appearance as a procedure provided by rules of court for responding to a writ or other process issuing out of the Court of First Instance, or of any rule of law, the acknowledgment of service of the writ or other process in accordance with these rules shall be treated
as the entry of an appearance to it, and related expressions shall be construed accordingly. (25 of 1998 s. 2)
11. Transitional provision relating to rule 86 of Amendment Rules 2008 (O. 12, r. 11)
Where an application under rule 8(1) is pending immediately before the commencement* of the Amendment Rules 2008, then the application is to be determined as if rule 86 of the Amendment Rules 2008 had not been made.
(L.N. 152 of 2008) (Enacted 1988)
Note:
* Commencement day: 2 April 2009.
Order: | 13 | FAILURE TO GIVE NOTICE OF INTENTION TO DEFEND | L.N. 362 of 1997; 25 of 1998 | 01/07/1997 |
---|
Remarks:
Adaptation amendments retroactively made - see 25 of 1998 s. 2
1. Claim for liquidated demand (O. 13, r. 1)
(1) Where a writ is indorsed with a claim against a defendant relating to the detention of goods only, then, if that defendant fails to give notice of intention to defend the plaintiff may, after the prescribed time and subject to Order 42, rule 1A-
the alternative of paying their assessed value, and in any case proceed with the action against the other defendants, if any. (See App. A Form 41)
(2) A summons under paragraph (1)(b) must be supported by affidavit and notwithstanding Order 65, rule 9, the summons and a copy of the affidavit must be served on the defendant against whom judgment is sought.
4. Claim for possession of land (O. 13, r. 4)
(1) Where a writ is indorsed with a claim against a defendant for possession of land only, then, if that defendant fails to give notice of intention to defend the plaintiff may, after the prescribed time, and on producing a certificate by his solicitor, or (if he sues in person) an affidavit, stating that he is not claiming any relief in the action of the nature specified in Order 88, rule 1, enter judgment for possession of the land as against that defendant and costs, and proceed with the action against the other defendants, if any. (See App. A Form 42)
(5) Where there is more than one defendant, judgment entered under this rule shall not be enforced against any defendant unless and until judgment for possession of the land has been entered against all the defendants.
6A. Prescribed time (O. 13, r. 6A)
In the foregoing rules of this Order "the prescribed time" (訂明的時限) in relation to a writ issued against a defendant means the time limited for the defendant to acknowledge service of the writ or, if within that time the defendant has returned to the Registry an acknowledgment of service containing a statement to the effect that he does not intend to contest the proceedings, the date on which the acknowledgment was received at the Registry.
7. Proof of service of writ (O. 13, r. 7)
7A. Judgment against a State (O. 13, r. 7A)
8. Stay of execution on default judgment
(O. 13, r. 8)
Where judgment for a debt or liquidated demand is entered under this Order against a defendant who has returned to the Registry an acknowledgment of service containing a statement to the effect that, although he does not intend to contest the proceedings, he intends to apply for a stay of execution of the judgment by writ of fieri facias, execution of the judgment by such a writ shall be stayed for a period of 14 days from the acknowledgment of service and, if within that time the defendant issues and serves on the plaintiff a summons for such a stay supported by an affidavit in accordance with Order 47, rule 1, the stay imposed by this rule shall continue until the summons is heard or otherwise disposed of, unless the Court after giving the parties an opportunity of being heard otherwise directs.
9. Setting aside judgment (O. 13, r. 9)
Without prejudice to rule 7(3) and (4), the Court may, on such terms as it thinks just, set aside or vary any judgment entered in pursuance of this Order. (Enacted 1988)
Order: | 13A | ADMISSIONS IN CLAIMS FOR PAYMENT OF MONEY | L.N. 152 of 2008; L.N. 18 of 2009 | 02/04/2009 |
---|
1. Interpretation (O. 13A, r. 1)
Cap 4A - THE RULES OF THE HIGH COURT
if he does so-
5. Admission of part of claim for liquidated amount of money
(O. 13A, r. 5)
6. Admission of liability to pay whole of claim for unliquidated amount of money (O. 13A, r. 6)
7. Admission of liability to pay claim for unliquidated amount of money where defendant offers a sum in satisfaction of the claim
(O. 13A, r. 7)
8. Power of Court to give directions
(O. 13A, r. 8)
Where the Court enters judgment under rule 6 or 7 for an amount to be decided by the Court, it may give such directions as it considers appropriate.
9. Request for time to pay
(O. 13A, r. 9)
times and rate specified in the request.
10. Determination of rate of payment by Court (O. 13A, r. 10)
11. Right of re-determination
(O. 13A, r. 11)
12. Interest (O. 13A, r. 12)
(1) Judgment under rule 4, 5 or 7 must include the amount of interest claimed to the date of judgment if-
date up to which interest was stated to be calculated in the statement of claim or the originating summons to the date of the request for judgment.
(2) In any case where judgment is entered under rule 4, 5 or 7 and the conditions specified in paragraph (1) are not satisfied, judgment shall be for an amount of interest to be decided by the Court.
13. Form for admission to be served with writ or originating summons
(O. 13A, r. 13)
14. Application
(O. 13A, r. 14)
(L.N. 152 of 2008)
Note:
* Commencement day: 2 April 2009.
Order: | 14 | SUMMARY JUDGMENT | L.N. 152 of 2008; L.N. 18 of 2009 | 02/04/2009 |
---|
1. Application by plaintiff for summary judgment (O. 14, r. 1)
2. Manner in which application under rule 1 must be made (O. 14, r. 2)
3. Judgment for plaintiff (O. 14, r. 3)
4. Leave to defend (O. 14, r. 4)
5. Application for summary judgment on counterclaim (O. 14, r. 5)
6. Directions (O. 14, r. 6)
(1) Where the Court-
of the judgment be stayed pending the trial of a counterclaim or of the action, as the case may be, the Court shall give directions as to the further conduct of the action, and Order 25, rules 2 to 7, shall, with the omission of so much of rule 7(1) as requires parties to serve a notice specifying the orders and directions which they require and with any other necessary modifications, apply as if the application under rule 1 of this Order or rule 5 thereof, as the case may be, on which the order was made were a case management summons. (L.N. 152 of 2008)
(2) In particular, and if the parties consent, the Court may direct that the claim in question and any other claim in the action be tried by a master under the provisions of these rules relating to the trial of causes or matters or questions or issues by masters.
7. Costs (O. 14, r. 7)
8. Right to proceed with residue of action or counterclaim (O. 14, r. 8)
Any judgment given against a party who does not appear at the hearing of an application under rule 1 or rule 5 may be set aside or varied by the Court on such terms as it thinks just. (Enacted 1988)
Order: | 14A | DISPOSAL OF CASE ON POINT OF LAW | L.N. 152 of 2008; L.N. 18 of 2009 | 02/04/2009 |
---|
1. Determination of questions of law or construction (O. 14A, r. 1)
2. Manner in which application under rule 1 may be made (O. 14A, r. 2)
An application under rule 1 may be made by summons or (notwithstanding Order 32, rule 1) may be made orally in the course of any interlocutory application to the Court.
(L.N. 165 of 1992; L.N. 152 of 2008)
Order: | 15 | CAUSES OF ACTION, COUNTERCLAIMS AND PARTIES | L.N. 362 of 1997; 25 of 1998 | 01/07/1997 |
---|
Remarks:
Adaptation amendments retroactively made - see 25 of 1998 s. 2
1. Joinder of causes of action (O. 15, r. 1)
2. Counterclaim against plaintiff (O. 15, r. 2)
3. Counterclaim against additional parties (O. 15, r. 3)
(5A) Where by virtue of paragraph (2) a copy of a counterclaim is required to be served on any person other than the plaintiff, who before service is already a party to the action, the provisions of Order 14, rule 5 shall apply in relation to the counterclaim and the proceedings arising therefrom, as if the party against whom the counterclaim is made were the plaintiff in the action. (L.N. 363 of 1990)
(6) A copy of a counterclaim required to be served on a person who is not already a party to the action must be indorsed with a notice, in Form No. 17 in Appendix A, addressed to that person.
(L.N. 404 of 1991)
4. Joinder of parties (O. 15, r. 4)
made by the Court on an application for leave under this paragraph, be made a defendant.
This paragraph shall not apply to a probate action. (HK)(3) Where relief is claimed in an action against a defendant who is jointly liable with some other person and also severally liable, that other person need not be made a defendant to the action; but where persons are jointly, but not severally, liable under a contract and relief is claimed against some but not all of those persons in an action in respect of that contract, the Court may, on the application of any defendant to the action, by order stay proceedings in the action until the other persons so liable are added as defendants.
5. Court may order separate trials, etc. (O. 15, r. 5)
6. Misjoinder and nonjoinder of parties (O. 15, r. 6)
In this paragraph "any relevant period of limitation" (任何有關的時效期) means a time limit under the Limitation Ordinance (Cap 347).
(6) The addition or substitution of a new party shall be treated as necessary for the purposes of paragraph (5)(a) if, and only if, the Court is satisfied that-
6A. Proceedings by and against estates (O. 15, r. 6A)
7. Change of parties by reason of death, etc.
(O. 15, r. 7)
8. Provisions consequential on making of order under rule 6 or 7 (O. 15, r. 8)
is not required to be served on him, the order has been noted in the cause book; and where by virtue of the foregoing provision a person becomes a party in substitution for some other party, all things done in the course of the proceedings before the making of the order shall have effect in relation to the new party as they had in relation to the old except that acknowledgment of service by the old party shall not dispense with acknowledgment of service by the new.
(5) The foregoing provisions of this rule shall apply in relation to an action begun by originating summons as they apply in relation to an action begun by writ.
9. Failure to proceed after death of party
(O. 15, r. 9)
10. Actions for possession of land (O. 15, r. 10)
10A. (Repealed L.N. 127 of 1995)
13. Representation of interested persons who cannot be ascertained, etc. (O. 15, r. 13)
13A. Notice of action to non-parties
(O. 15, r. 13A)
(L.N. 404 of 1991)
14. Representation of beneficiaries by trustees, etc. (O. 15, r. 14)
15. Representation of deceased person interested in proceedings (O. 15, r. 15)
The Court may give the conduct of any action, inquiry or other proceedings to such person as it thinks fit. (Enacted 1988)
Order: | 16 | THIRD PARTY AND SIMILAR PROCEEDINGS | L.N. 152 of 2008; L.N. 18 of 2009 | 02/04/2009 |
---|
1. Third party notice (O. 16, r. 1)
(1) Where in any action a defendant who has given notice of intention to defend
then, subject to paragraph (2), the defendant may issue a notice in Form No. 20 or 21 in Appendix A, whichever is appropriate (in this Order referred to as a third party notice), containing a statement of the nature of the claim made against him and, as the case may be, either of the nature and grounds of the claim made by him or of the question or issue required to be determined.
defendant by whom the notice is issued.
2. Application for leave to issue third party notice (O. 16, r. 2)
3. Issue, service and acknowledgment of service, of third party notice (O. 16, r. 3)
Provided that in the application of Order 11, rule 1(1)(c) leave may be granted to serve a third party notice outside the jurisdiction on any necessary or proper party to the proceedings brought against the defendant.
4. Third party directions (O. 16, r. 4)
5. Default of third party, etc. (O. 16, r. 5)
"liability" (法律責任) includes liability under a judgment in the same or other proceedings and liability under an agreement to which section 3(4) of the Civil Liability (Contribution) Ordinance (Cap 377) applies.
8. Claims and issues between a defendant and some other party (O. 16, r. 8)
(1) Where in any action a defendant who has given notice of intention to defend
then, subject to paragraph (2), the defendant may, without leave, issue and serve on that person a notice containing a statement of the nature and grounds of his claim or, as the case may be, of the question or issue required to be determined.
9. Claims by third and subsequent parties
(O. 16, r. 9)
10. Offer of contribution (O. 16, r. 10)
11. Counterclaim by defendant (O. 16, r. 11)
Where in any action a counterclaim is made by a defendant, the foregoing provisions of this Order shall apply in relation to the counterclaim as if the subject-matter of the counterclaim were the original subject-matter of the action, and as if the person making the counterclaim were the plaintiff and the person against whom it is made a defendant.
(Enacted 1988)
Order: | 17 | INTERPLEADER | L.N. 152 of 2008; L.N. 18 of 2009 | 02/04/2009 |
---|
1. Entitlement to relief by way of interpleader (O. 17, r. 1)
(1) Where
the person under liability as mentioned in sub-paragraph (a), or (subject to rule 2) the bailiff, may apply to the Court for relief by way of interpleader.
(2) References in this Order to a bailiff shall be construed as including references to any other officer charged
with the execution of process by or under the authority of the Court of First Instance. (25 of 1998 s. 2)
2. Claim to goods, etc., taken in execution
(O. 17, r. 2)
An execution creditor who gives notice in accordance with this paragraph admitting a claim shall only be liable to the bailiff for any fees and expenses incurred by the bailiff before receipt of that notice.
3. Mode of application (O. 17, r. 3)
5. Powers of Court hearing summons (O. 17, r. 5)
dispose of all questions arising in the interpleader proceedings. (Enacted 1988)
Order: | 18 | PLEADINGS | L.N. 152 of 2008; L.N. 18 of 2009 | 02/04/2009 |
---|
1. Service of statement of claim (O. 18, r. 1)
Cap 4A - THE RULES OF THE HIGH COURT
Unless the Court gives leave to the contrary or a statement of claim is indorsed on the writ, the plaintiff must serve a statement of claim on the defendant or, if there are two or more defendants, on each defendant, and must do so either when the writ is served on that defendant or at any time after service of the writ but before the expiration of 14 days after that defendant gives notice of intention to defend.
2. Service of defence (O. 18, r. 2)
(L.N. 152 of 2008)
3. Service of reply and defence to counterclaim (O. 18, r. 3)
Pleadings or amended pleadings shall not be served during the Summer Vacation, except with the leave of the Court or with the consent of all the parties to the action.
(HK)5A. Filing of pleadings and originating process
(O. 18, r. 5A)
6. Pleadings: formal requirements (O. 18, r. 6)
7. Facts, not evidence, to be pleaded (O. 18, r. 7)
he must make the denial or allegation in his pleading.
8. Matters which must be specifically pleaded (O. 18, r. 8)
9. Matter may be pleaded whenever arising
(O. 18, r. 9)
Subject to rules 7(1), 10 and 15(2), a party may in any pleading plead any matter which has arisen at any time, whether before or since the issue of the writ.
10. Departure (O. 18, r. 10)
(1) Subject to paragraph (2), every pleading must contain the necessary particulars of any claim, defence or other matter pleaded including, without prejudice to the generality of the foregoing
(1A) Subject to paragraph (1B), a plaintiff in an action for personal injuries shall serve with his statement of claim
(1B) Where the documents to which paragraph (1A) applies are not served with the statement of claim, the Court may
(1C) For the purposes of this rule- "medical report" (醫學報告) means a report substantiating all the personal injuries alleged in the statement of claim
which the plaintiff proposes to adduce in evidence as part of his case at the trial;
"a statement of the special damages claimed" (關於所申索的專項損害賠償的陳述書) means a statement giving full particulars of the special damages claimed for expenses and losses already incurred and an estimate of any future expenses and losses (including loss of earnings and of pension rights). (L.N. 404 of 1991)
(3A) The Court may make an order under paragraph (3) upon the application of a party or of its own motion.
(L.N. 152 of 2008)
(3B) No order shall be made under paragraph (3) unless the Court is of the opinion that the order is necessary either for disposing fairly of the cause or matter or for saving costs. (L.N. 152 of 2008)
12A. Pleading with inconsistent alternatives (O. 18, r. 12A)
A party may in any pleading make an allegation of fact which is inconsistent with another allegation of fact in the same pleading if
(L.N. 152 of 2008)
13. Admissions and denials (O. 18, r. 13)
which that allegation is relevant, is to be taken to require that allegation to be proved. (L.N. 152 of 2008)
14. Non-admission by joinder of issue (O. 18, r. 14)
(L.N. 152 of 2008)
15. Statement of claim (O. 18, r. 15)
Without prejudice to the general application of this Order to a counterclaim and a defence to counterclaim, or to any provision thereof which applies to either of those pleadings specifically-
(1) The Court may, either of its own motion or on application, at any stage of the proceedings order to be struck out or amended any pleading or the indorsement of any writ in the action, or anything in any pleading or in the indorsement, on the ground that- (L.N. 152 of 2008)
20. Close of pleadings (O. 18, r. 20)
(L.N. 152 of 2008)
21. Trial without pleadings (O. 18, r. 21)
22. Saving for defence under Merchant Shipping Acts etc. (O. 18, r. 22)
Nothing in Order 75, rules 37 to 40, shall be taken as limiting the right of any shipowner or other person to rely by way of defence on any provision of the Merchant Shipping Acts 1894 to 1979# in their application to Hong Kong or the Merchant Shipping (Local Vessels) Ordinance (Cap 548), the Merchant Shipping (Seafarers) Ordinance (Cap 478) or the Merchant Shipping (Safety) Ordinance (Cap 369), which limits the amount of his liability in connection with a ship or other property.
(L.N. 356 of 1988; 44 of 1995 s. 143; 24 of 2005 s. 55)
23. Transitional provision relating to rule 93 of Amendment Rules 2008
(O. 18, r. 23)
Where a statement of claim has been served on a defendant before the commencement* of the Amendment Rules 2008, then rule 93 of the Amendment Rules 2008 does not apply to the defence to the claim and if a counterclaim has been served on the plaintiff, to the defence to the counterclaim, and rule 13 as in force immediately before the commencement continues to apply as if rule 93 of the Amendment Rules 2008 had not been made.
(L.N. 152 of 2008)
24. Transitional provision relating to rules 96 and 97 of Amendment Rules 2008 (O. 18, r. 24)
Where a statement of claim has been served on a defendant before the commencement* of the Amendment Rules 2008, then rules 96 and 97 of the Amendment Rules 2008 do not apply
counterclaim, and rules 2 and 3 as in force immediately before the commencement continue to apply as if rules 96 and 97 of the Amendment Rules 2008 had not been made.
(L.N. 152 of 2008)
Note:
# Please also see following-
* Commencement day: 2 April 2009.
Order: | 19 | DEFAULT OF PLEADINGS | L.N. 152 of 2008; L.N. 18 of 2009 | 02/04/2009 |
---|
(1) Where the plaintiff's claim against a defendant is for a liquidated demand only, then, if that defendant fails to serve a defence on the plaintiff, the plaintiff may, after the expiration of the period fixed by or under these rules for service of the defence, enter final judgment against that defendant for a sum not exceeding that claimed by the writ in respect of the demand and for costs, and proceed with the action against the other defendants, if any. (See App. A, Form 39)
(2) Order 13, rule 1(2) shall apply for the purpose of this rule as it applies for the purposes of that rule.
(1) Where the plaintiff's claim against a defendant relates to the detention of goods only, then, if that defendant fails to serve a defence on the plaintiff, the plaintiff may, after the expiration of the period fixed by or under these rules for the service of the defence and subject to Order 42, rule 1A,-
the alternative of paying their assessed value, and in any case proceed with the action against the other defendants, if any. (See App. A, Form 41)
(2) A summons under paragraph (1)(b) must be supported by affidavit and, notwithstanding Order 65, rule 9, the summons and a copy of the affidavit must be served on the defendant against whom judgment is sought.
5. Default of defence: claim for possession of land
(O. 19, r. 5)
then, if one of the defendants makes default as mentioned in that paragraph, the plaintiff may
(3) An application under paragraph (1) must be by summons.
(L.N. 152 of 2008)
8. Default of defence to counterclaim (O. 19, r. 8)
A defendant who counterclaims against a plaintiff shall be treated for the purposes of rules 2 to 7 as if he were a plaintiff who had made against a defendant the claim made in the counterclaim and, accordingly, where the plaintiff or any other party against whom the counterclaim is made fails to serve a defence to counter-claim, those rules shall apply as if the counterclaim were a statement of claim, the defence to counterclaim a defence and the parties making the counterclaim and against whom it is made were plaintiffs and defendants respectively, and as if references to the period fixed by or under these rules for service of the defence were references to the period so fixed for service of the defence to counterclaim.
(HK)8A. Notice of intention to enter judgment
(O. 19, r. 8A)
(L.N. 223 of 1995)
9. Setting aside judgment (O. 19, r. 9)
The Court may, on such terms as it thinks just, set a side or vary any judgment entered in pursuance of this Order. (Enacted 1988)
Order: | 20 | AMENDMENT | L.N. 152 of 2008; L.N. 18 of 2009 | 02/04/2009 |
---|
1. Amendment of writ without leave (O. 20, r. 1)
2. Amendment of acknowledgment of service (O. 20, r. 2)
3. Amendment of pleadings without leave (O. 20, r. 3)
4. Application for disallowance of amendment made without leave (O. 20, r. 4)
5. Amendment of writ or pleading with leave (O. 20, r. 5)
(L.N. 152 of 2008)
(1) For the purpose of determining the real question in controversy between the parties to any proceedings, or of correcting any defect or error in any proceedings, the Court may at any stage of the proceedings and either of its own motion or on the application of any party to the proceedings order a pleading or any other document in the proceedings to be amended on such terms as to costs or otherwise as may be just and in such manner (if any) as it may direct. (L.N. 152 of 2008)
(1A) The Court shall not under paragraph (1) order a pleading to be amended unless it is of the opinion that the order is necessary either for disposing fairly of the cause or matter or for saving costs. (L.N. 152 of 2008)
(2) This rule shall not have effect in relation to a judgment or order.
9. Failure to amend after order (O. 20, r. 9)
(1) Where the Court makes an order under this Order giving any party leave to amend a writ, pleading or other document, then, if that party does not amend the document in accordance with the order before the expiration of the period specified for that purpose in the order or, if no period is so specified, of a period of 14 days after the order was made, the order shall cease to have effect, without prejudice, however, to the power of the Court to extend the period.
(L.N. 152 of 2008)
(2) Paragraph (1) is subject to any directions given by the Court. (L.N. 152 of 2008)
10. Mode of amendment of writ, etc. (O. 20, r. 10)
was made, the number of the rule of this Order in pursuance of which the amendment was made.
11. Amendment of judgment and orders (O. 20, r. 11)
Clerical mistakes in judgments or orders, or errors arising therein from any accidental slip or omission, may at any time be corrected by the Court on summons without an appeal.
(L.N. 152 of 2008)
12. Amendment of pleadings by agreement (O. 20, r. 12)
13. Amendment of pleadings or particulars of pleadings to be verified by statement of truth (O. 20, r. 13)
(L.N. 152 of 2008) (Enacted 1988)
Order: | 21 | WITHDRAWAL AND DISCONTINUANCE | L.N. 152 of 2008; L.N. 18 of 2009 | 02/04/2009 |
---|
by serving a notice to that effect on the plaintiff or other party concerned.
(2A) A party in whose favour an interim payment has been ordered, in accordance with Order 29, may not discontinue any action or counterclaim, or withdraw any particular claim therein, except with the leave of the Court or the consent of all the other parties.
(3) Where there are two or more defendants to an action begun by writ not all of whom serve a defence on the plaintiff, and the period fixed by or under these rules for service by any of those defendants of his defence expires after the latest date on which any other defendant serves his defence, paragraph (1) shall have effect as if the reference therein to the service of the defence last served were a reference to the expiration of that period.
This paragraph shall apply in relation to a counterclaim as it applies in relation to an action begun by writ with the substitution for references to a defence, to the plaintiff and to paragraph (1), of references to a defence to counterclaim, to the defendant and to paragraph (2) respectively.
(3A) The plaintiff in an action begun by originating summons may, without the leave of the Court, discontinue the action or withdraw any particular question or claim in the originating summons, as against any or all of the defendants at any time not later than 14 days after service on him of the defendant's affidavit evidence filed pursuant to Order 28, rule 1A(2) or, if there are two or more defendants, of such evidence last served, by serving a notice to that effect on the defendant concerned.
(3B) When there are two or more defendants to an action begun by originating summons not all of whom serve affidavit evidence on the plaintiff, and the period fixed by or under these rules for service by any of those defendants of his affidavit evidence expires after the latest date on which any other defendant serves his affidavit evidence, paragraph (3A) shall have effect as if the reference therein to the service of the affidavit evidence last served were a reference to the expiration of that period.
(4) If all the parties to an action consent, the action may be withdrawn without the leave of the Court at any time before trial by producing to the Registrar a written consent to the action being withdrawn signed by all the parties.
3. Discontinuance of action, etc., with leave (O. 21, r. 3)
(L.N. 152 of 2008)
6. Withdrawal of summons (O. 21, r. 6)
A party who has taken out a summons in a cause or matter may not withdraw it without the leave of the Court. (Enacted 1988)
Order: | 22 | OFFERS TO SETTLE AND PAYMENTS INTO COURT | L.N. 152 of 2008; L.N. 18 of 2009 | 02/04/2009 |
---|
I. PRELIMINARY
1. Interpretation (O. 22, r. 1)
(1) In this Order-"claim" (申索) includes, where the context so permits or requires, a counterclaim; "counterclaim" (反申索) includes, where the context so permits or requires, a claim; "defendant" (被告人) includes, where the context so permits or requires, a defendant to a counterclaim; "offeree" (受提議者) means the party to whom an offer is made; "offeror" (提議者) means the party who makes an offer; "plaintiff" (原告人) includes, where the context so permits or requires, a counterclaiming defendant; "sanctioned offer" (附帶條款和解提議) means an offer made (otherwise than by way of a payment into court) in
accordance with this Order; "sanctioned payment" (附帶條款付款) means an offer made by way of a payment into court in accordance with this Order; "sanctioned payment notice" (附帶條款付款通知書) means the notice relating to a sanctioned payment required to be filed under rule 8(2).
(2) Where in an action the plaintiff makes more than one claim, a reference in this Order to-
2. Offer to settle with specified consequences (O. 22, r. 2)
II. MANNER OF MAKING SANCTIONED OFFER
OR SANCTIONED PAYMENT
3. Defendant's offer to settle
(O. 22, r. 3)
4. Plaintiff's offer to settle
(O. 22, r. 4)
An offer by a plaintiff to settle the whole or part of a claim or an issue arising from the claim does not have the consequences specified in this Order unless it is made by way of a sanctioned offer.
5. Form and content of sanctioned offer (O. 22, r. 5)
6. Service of sanctioned offer
(O. 22, r. 6)
An offeror shall serve the sanctioned offer-
7. Withdrawal or diminution of sanctioned offer (O. 22, r. 7)
8. Notice of sanctioned payment
(O. 22, r. 8)
9. Service of sanctioned payment
(O. 22, r. 9)
A defendant who makes a sanctioned payment shall-
10. Withdrawal or diminution of sanctioned payment
(O. 22, r. 10)
11. Offer to settle claim for provisional damages (O. 22, r. 11)
assessed on the assumption that the injured person will not develop the disease or suffer the deterioration referred to in section 56A of the Ordinance.
12. Time when sanctioned offer or sanctioned payment is made and accepted (O. 22, r. 12)
13. Service of notice of acceptance of plaintiff's sanctioned offer
(O. 22, r. 13)
14. Clarification of sanctioned offer or sanctioned payment notice
(O. 22, r. 14)
III. ACCEPTANCE OF SANCTIONED OFFER
OR SANCTIONED PAYMENT
15. Time for acceptance of defendant's sanctioned offer or sanctioned payment (O. 22, r. 15)
(1) Subject to rules 7(3) and 10(2), a plaintiff may accept a sanctioned offer or a sanctioned payment made not less than 28 days before the commencement of the trial without requiring the leave of the Court if he files with the Court and serves on the defendant a written notice of acceptance not later than 28 days after the offer or payment was made.
16. Time for acceptance of plaintiff's sanctioned offer (O. 22, r. 16)
17. Payment out of a sum in court on acceptance of sanctioned payment
(O. 22, r. 17)
Subject to rules 18(4) and 19 and Order 22A, rule 2, where a sanctioned payment is accepted, the plaintiff may obtain payment out of the sum in court by making a request for payment in Form No. 25 in Appendix A.
18. Acceptance of sanctioned offer or sanctioned payment made by one or more, but not all, defendants
(O. 22, r. 18)
19. Other cases where court order is required to enable acceptance of sanctioned offer or sanctioned payment (O. 22, r. 19)
to the money, the money in court may not be paid out except in pursuance of an order of the Court.
IV. CONSEQUENCES OF SANCTIONED OFFER
OR SANCTIONED PAYMENT
20. Costs consequences of acceptance of defendant's sanctioned offer or sanctioned payment (O. 22, r. 20)
issues arising from the claim, the plaintiff is entitled to his costs of the proceedings up to the date of serving notice of acceptance, unless the Court otherwise orders.
(3) The plaintiff's costs include any costs attributable to the defendant's counterclaim or set-off if the sanctioned offer or the sanctioned payment notice states that it takes into account the counterclaim or set-off.
21. Costs consequences of acceptance of plaintiff's sanctioned offer (O. 22, r. 21)
22. Other consequences of acceptance of sanctioned offer or sanctioned payment (O. 22, r. 22)
23. Costs consequences where plaintiff fails to do better than sanctioned offer or sanctioned payment
(O. 22, r. 23)
interest.
24. Costs and other consequences where plaintiff does better than he proposed in his sanctioned offer (O. 22, r. 24)
V. MISCELLANEOUS
25. Restriction on disclosure of sanctioned offer or sanctioned payment
(O. 22, r. 25)
26. Interest (O. 22, r. 26)
27. Money paid into court under order
(O. 22, r. 27)
on the plaintiff, and this Order applies accordingly.
(4) A notice served on the plaintiff in accordance with paragraph (2)(a) is deemed to be a sanctioned payment notice.
28. Transitional provision relating to Part 9 of Amendment Rules 2008
(O. 22, r. 28)
Where
(a) a payment into court has been made in accordance with Order 22 ("the repealed Order") repealed by rule 111 ("the repealing rule") of the Amendment Rules 2008; and
(b) the disposal of the payment is pending immediately before the commencement* of the repealing rule, then nothing in Division 1 of Part 9 of the Amendment Rules 2008 applies in relation to that payment, and the repealed Order and all the other provisions amended or repealed by that Division, as in force immediately before the commencement, continue to apply in relation to that payment as if that Division had not been made.
(L.N. 152 of 2008)
Note:
* Commencement day: 2 April 2009.
Order: | 22A | MISCELLANEOUS PROVISIONS ABOUT PAYMENTS INTO COURT | L.N. 152 of 2008; L.N. 18 of 2009 | 02/04/2009 |
---|
1. Money remaining in court
(O. 22A, r. 1)
2. Person to whom payment to be made (O. 22A, r. 2)
3. Payment out: small intestate estates (O. 22A, r. 3)
Where
(c) the assets of his estate, including the fund or share, do not exceed $150000 in value, it may order that the fund or share shall be paid, transferred or delivered to the person who, being a widower, widow, child, father, mother, brother or sister of the deceased, would have the prior right to a grant of administration of the estate of the deceased.
4. Investment of money in court
(O. 22A, r. 4)
Cash under the control of or subject to the order of the Court may be invested in any manner specified in the High Court Suitors' Funds Rules (Cap 4 sub. leg. B) and the Trustee Ordinance (Cap 29).
(L.N. 152 of 2008)
Remarks:
Adaptation amendments retroactively made - see 25 of 1998 s. 2
1. Security for costs of action, etc. (O. 23, r. 1)
(1) Where, on the application of a defendant to an action or other proceeding in the Court of First Instance, it appears to the Court-(25 of 1998 s. 2)
the consequences of the litigation, then if, having regard to all the circumstances of the case, the Court thinks it just to do so, it may order the plaintiff to give such security for the defendant's costs of the action or other proceeding as it thinks just.
This Order is without prejudice to the provisions of any written law which empowers the Court to require security to be given for the costs of any proceedings. (Enacted 1988)
Order: | 24 | DISCOVERY AND INSPECTION OF DOCUMENTS | L.N. 152 of 2008; L.N. 18 of 2009 | 02/04/2009 |
---|
1. Mutual discovery of documents (O. 24, r. 1)
2. Discovery by parties without order (O. 24, r. 2)
and the Court shall make such an order if and so far as it is of opinion that discovery is not necessary either for disposing fairly of the action or for saving costs.
whom such a notice is served must, within 14 days after service of the notice, make and file an affidavit in compliance with the notice and serve a copy of the affidavit on the party by whom the notice was served. (L.N. 152 of 2008)
3. Order for discovery (O. 24, r. 3)
4. Order for determination of issue, etc., before discovery (O. 24, r. 4)
5. Form of list and affidavit (O. 24, r. 5)
6. Defendant entitled to copy of co-defendant's list (O. 24, r. 6)
7. Order for discovery of particular
documents (O. 24, r. 7)
(3A) In the case of a summons under paragraph (1), paragraph (3)(b) shall be construed as if for the word "relevant", there were substituted the words "directly relevant (within the meaning of section 41 of the Ordinance)".
(L.N. 152 of 2008)
8. Discovery to be ordered only if necessary (O. 24, r. 8)
(1) On the hearing of an application for an order under rule 3 or 7 the Court, if satisfied that discovery is not necessary, or not necessary at that stage of the cause or matter, may dismiss or, as the case may be, adjourn the application and shall in any case refuse to make such an order if and so far as it is of opinion that discovery is not necessary either for disposing fairly of the cause or matter or for saving costs. (L.N. 152 of 2008)
(2) No order for the disclosure of documents shall be made under section 41 or 42 of the Ordinance, unless the Court is of opinion that the order is necessary either for disposing fairly of the cause or matter or for saving costs.
(L.N. 152 of 2008)
11. Order for production for inspection (O. 24, r. 11)
(1) If a party who is required by rule 9 to serve such a notice as is therein mentioned or who is served with a notice under rule 10(1)
inspection then or, as the case may be, there, then, subject to rule 13(1), the Court may, on the application of the party entitled to inspection, make an order for production of the documents in question for inspection at such time and place, and in such manner, as it thinks fit.
11B. (Added L.N. 157 of 2003 and repealed L.N. 199 of 2003)
12. Order for production to Court (O. 24, r. 12)
13. Production to be ordered only if necessary, etc. (O. 24, r. 13)
14. Production of business books (O. 24, r. 14)
14A. Use of documents (O. 24, r. 14A)
Any undertaking, whether express or implied, not to use a document for any purposes other than those of the proceedings in which it is disclosed shall cease to apply to such document after it has been read to or by the Court, or referred to, in open court, unless the Court for special reasons has otherwise ordered on the application of a party or of the person to whom the document belongs.
15. Document disclosure of which would be injurious to public interest: saving (O. 24, r. 15)
The foregoing provisions of this Order shall be without prejudice to any rule of law which authorizes or requires the withholding of any document on the ground that the disclosure of it would be injurious to the public interest.
15A. Order for limiting discovery
(O. 24, r. 15A)
For the purpose of managing the case in question and furthering any of the objectives specified in Order 1A, the Court may make any one or more of the following orders-
anything in rule 9 or 10, be inspected at a time or times specified in the order.
(L.N. 152 of 2008)
16. Failure to comply with requirement for discovery, etc. (O. 24, r. 16)
17. Revocation and variation of orders (O. 24, r. 17)
Any order made under this Order (including an order made on appeal) may, on sufficient cause being shown, be revoked or varied by a subsequent order or direction of the Court made or given at or before the trial of the cause or matter in connection with which the original order was made.
(Enacted 1988)
Order: | 25 | CASE MANAGEMENT SUMMONS AND CONFERENCE* | L.N. 152 of 2008; L.N. 18 of 2009 | 02/04/2009 |
---|
1. Case management summons and conference
(O. 25, r. 1)
(L.N. 152 of 2008)
(1) For the purpose of facilitating the giving of directions for the management of a case, each party shall, within 28 days after the pleadings in an action to which this rule applies are deemed to be closed
(L.N. 152 of 2008)
(1A) Where, upon completion of the questionnaire, the parties are able to reach an agreement on-
they shall procure an order to that effect by way of a consent summons. (L.N. 152 of 2008) (1B) Where there is no agreement on any of the matters specified in paragraph (1A)(a) and (b)-
(L.N. 152 of 2008)
1A. Case management timetable
(O. 25, r. 1A)
(L.N. 152 of 2008)
1B. Variation of case management
timetable (O. 25, r. 1B)
"non-milestone date" (非進度指標日期) means a date or period fixed by the Court, other than a date or period specified in the definition of "milestone date".
(L.N. 152 of 2008)
1C. Failure to appear at case management conference or pre-trial review
(O. 25, r. 1C)
(ii) in the case of the defendant's counterclaim, the plaintiff is entitled to his costs of the counterclaim.
(L.N. 152 of 2008)
2. Duty to consider all matters (O. 25, r. 2)
(1) When the case management summons first comes to be determined, the Court shall consider whether-
(L.N. 152 of 2008)
(L.N. 152 of 2008)
3. Particular matters for consideration (O. 25, r. 3)
At the determination of the case management summons, the Court shall in particular consider, if necessary of its own motion, whether any order should be made or direction given in the exercise of the powers conferred by any of the following provisions, that is to say- (L.N. 152 of 2008)
4. Admissions and agreements to be made (O. 25, r. 4)
At the determination of the case management summons, the Court shall endeavour to secure that the parties make all admissions and all agreements as to the conduct of the proceedings which ought reasonably to be made by them and may cause the order on the summons to record any admissions or agreements so made, and (with a view to such special order, if any, as to costs as may be just being made at the trial) any refusal to make any admission or agreement.
(L.N. 152 of 2008)
5. Limitation of right of appeal (O. 25, r. 5)
Nothing in rule 4 shall be construed as requiring the Court to endeavour to secure that the parties shall agree to exclude or limit any right of appeal, but the order made on the case management summons may record any such agreement.
(L.N. 152 of 2008)
6. Duty to give all information at determination of case management summons (O. 25, r. 6)
(L.N. 152 of 2008)
(1) Subject to paragraph (2), no affidavit shall be used at the determination of the case management summons except by the leave or directions of the Court, but, subject to paragraph (4), it shall be the duty of the parties to the action and their advisers to give all such information and produce all such documents as the Court may reasonably require for the purposes of enabling it properly to deal with the summons.
The Court may, if it appears proper so to do in the circumstances, authorize any such information or documents to be given or produced to the Court without being disclosed to the other parties but, in the absence of such authority, any information or document given or produced under this paragraph shall be given or produced to all the parties as well as to the Court. (L.N. 152 of 2008)
7. Duty to make all interlocutory applications at case management summons (O. 25, r. 7)
(L.N. 152 of 2008)
(L.N. 152 of 2008)
8. Automatic directions in personal injury actions (O. 25, r. 8)
(1) When the pleadings in any action to which this rule applies are deemed to be closed the following directions shall take effect automatically
(HK)(dd) the record of any proceedings in any court or tribunal shall be receivable in evidence upon production of a copy thereof certified as a true copy by the clerk or other appropriate officer of the court or
tribunal;
(f)-(g) (Repealed L.N. 99 of 1993)
vehicle; and "documents relating to special damages" (關於專項損害賠償的文件) include-
(5) This rule applies to any action for personal injuries except-
Notwithstanding anything in this Order, a specialist judge may, by a practice direction, determine the extent to which this Order is to apply to an action in a specialist list.
(L.N. 152 of 2008)
11. Transitional provisions relating to Part 11 of Amendment Rules 2008 (O. 25, r. 11)
(L.N. 152 of 2008) (Enacted 1988)
Note:
* (Amended L.N. 152 of 2008) # Commencement day: 2 April 2009.
Order: | 26 | INTERROGATORIES | 25 of 1998 | 01/07/1997 |
---|
Remarks:
Adaptation amendments retroactively made - see 25 of 1998 s. 2
1. Discovery by interrogatories (O. 26, r. 1)
Cap 4A - THE RULES OF THE HIGH COURT
(L.N. 404 of 1991)
2. Form and nature of interrogatories (O. 26, r. 2)
(L.N. 404 of 1991)
3. Interrogatories without order (O. 26, r. 3)
(L.N. 404 of 1991)
4. Ordered interrogatories (O. 26, r. 4)
(L.N. 404 of 1991)
5. Objections and insufficient answers (O. 26, r. 5)
(L.N. 404 of 1991)
6. Failure to comply with order (O. 26, r. 6)
(L.N. 404 of 1991)
Any order made under this Order (including an order made on appeal) may, on sufficient cause being shown, be revoked or varied by a subsequent order or direction of the Court made or given at or before the trial of the cause or matter in connection with which the original order was made.
(Enacted 1988)
Order: | 27 | ADMISSIONS | L.N. 152 of 2008; L.N. 18 of 2009 | 02/04/2009 |
---|
3. Judgment on admissions (O. 27, r. 3)
Where admissions of fact or of part of a case are made by a party to a cause or matter either by his pleadings or otherwise, any other party to the cause or matter may apply to the Court for such judgment or order as upon those admissions he may be entitled to, without waiting for the determination of any other question between the parties, and the Court may give such judgment, or make such order, on the application as it thinks just.
An application for an order under this rule may be made by summons.
(L.N. 152 of 2008)
4. Admission and production of documents specified in list of documents (O. 27, r. 4)
5. Notices to admit or produce documents (O. 27, r. 5)
him to produce the documents specified in the notice at the trial of the cause or matter. (Enacted 1988)
Order: | 28 | ORIGINATING SUMMONS PROCEDURE | L.N. 152 of 2008; L.N. 18 of 2009 | 02/04/2009 |
---|
1. Application (O. 28, r. 1)
The provisions of this Order apply to all originating summonses subject, in the case of originating summonses of any particular class, to any special provisions relating to originating summonses of that class made by these rules or by or under any written law; and subject as aforesaid, Order 32, rule 5, shall apply in relation to originating summonses as they apply in relation to other summonses.
1A. Affidavit evidence (O. 28, r. 1A)
2. Fixing time for attendance of parties before Court (O. 28, r. 2)
3. Notice of hearing (O. 28, r. 3)
(1) Not less than 14 days before the day fixed under rule 2 for the attendance of the parties before the Court for the hearing of an originating summons which is in Form No. 8 in Appendix A, the party on whose application the day was fixed must serve a copy of the notice fixing it on every other party. (L.N. 404 of 1991)
3A. Originating summons to be heard in open court (O. 28, r. 3A)
An originating summons must be heard in open court unless the Court otherwise directs.
(L.N. 152 of 2008)
4. Directions, etc., by Court (O. 28, r. 4)
5. Adjournment of summons (O. 28, r. 5)
8. Continuation of proceedings as if cause or matter begun by writ (O. 28, r. 8)
9. Order for hearing or trial (O. 28, r. 9)
10. Failure to prosecute proceedings with despatch (O. 28, r. 10)
11. Abatement, etc., of action (O. 28, r. 11)
Order 34, rule 9, shall apply in relation to an action begun by originating summons as it applies in relation to an action begun by writ. (Enacted 1988)
Order: | 29 | INTERLOCUTORY INJUNCTIONS, INTERIM PRESERVATION OF PROPERTY, INTERIM PAYMENTS, ETC. | L.N. 152 of 2008; L.N. 18 of 2009 | 02/04/2009 |
---|
I. INTERLOCUTORY INJUNCTIONS, INTERIM
PRESERVATION OF PROPERTY, ETC.
1. Application for injunction (O. 29, r. 1)
2. Detention, preservation etc., of subject-matter of cause or matter (O. 29, r. 2)
3. Power to order samples to be taken, etc. (O. 29, r. 3)
4. Sale of perishable property, etc. (O. 29, r. 4)
5. Order for early trial (O. 29, r. 5)
Where on the hearing of an application, made before the trial of a cause or matter, for an injunction or the appointment of a receiver or an order under rule 2, 3 or 4 it appears to the Court that the matter in dispute can be better dealt with by an early trial than by considering the whole merits thereof for the purposes of the application, the Court may make an order accordingly and may also make such order as respects the period before trial as the justice of the case requires.
Where the Court makes an order for early trial it shall by the order determine the mode of the trial.
7A. Inspection, etc. of property under sections 42 and 44(1) of the Ordinance (O. 29, r. 7A)
(1) An application for an order under section 44(1) of the Ordinance in respect of property which may become the subject-matter of subsequent proceedings in the Court or as to which any question may arise in any such proceedings shall be made by originating summons and the person against whom the order is sought shall be made defendant to the summons.
8. Allowance of income of property pendente lite (O. 29, r. 8)
Where any real or personal property forms the subject-matter of any proceedings, and the Court is satisfied that it will be more than sufficient to answer all the claims thereon for which provision ought to be made in the proceedings, the Court may at any time allow the whole or part of the income of the property to be paid, during such period as it may direct, to any or all of the parties who have an interest therein or may direct that any part of the personal property be transferred or delivered to any or all of such parties.
8A. Application for interim relief under section 21M(1) of the Ordinance
(O. 29, r. 8A)
(L.N. 152 of 2008)
II. INTERIM PAYMENTS
9. Interpretation of Part II (O. 29, r. 9)
In this Part of this Order-
"interim payment" (中期付款), in relation to a defendant, means a payment on account of any damages, debt or other sum (excluding costs) which he may be held liable to pay to or for the benefit of the plaintiff; and any reference to the plaintiff or defendant includes a reference to any person who, for the purpose of the proceedings, acts as next friend of the plaintiff or guardian of the defendant. (L.N. 99 of 1993)
10. Application for interim payment (O. 29, r. 10)
11. Order for interim payment in respect of damages (O. 29, r. 11)
(1) If, on the hearing of an application under rule 10 in an action for damages, the Court is satisfied-
against the respondent or, where there are two or more defendants, against any of them, the Court may, if it thinks fit and subject to paragraph (2), order the respondent to make an interim payment of such amount as it thinks just, not exceeding a reasonable proportion of the damages which in the opinion of the Court are likely to be recovered by the plaintiff after taking into account any relevant contributory negligence and any set-off, cross-claim or counterclaim on which the respondent may be entitled to rely.
12. Order for interim payment in respect of sums other than damages (O. 29, r. 12)
If, on the hearing of an application under rule 10, the Court is satisfied-
substantial sum of money apart from any damages or costs, the Court may, if it thinks fit, and without prejudice to any contentions of the parties as to the nature or character of the sum to be paid by the defendant, order the defendant to make an interim payment of such amount as it thinks just, after taking into account any set-off, cross-claim or counterclaim on which the defendant may be entitled to rely.
13. Manner of payment (O. 29, r. 13)
14. Directions on application under rule 10 (O. 29, r. 14)
Where an application is made under rule 10, the Court may give directions as to the further conduct of the action, and, so far as may be applicable, Order 25, rules 2 to 7, shall, with the omission of so much of rule 7(1) as requires the parties to serve a notice specifying the orders and directions which they require and with any other necessary modifications, apply as if the application were a case management summons, and, in particular, the Court may order an early trial of the action.
(L.N. 152 of 2008)
Where, after making an interim payment, whether voluntarily or pursuant to an order, a defendant pays a sum of money into court under Order 22, the notice of payment must state that the defendant has taken into account the interim payment.
(L.N. 152 of 2008)
17. Adjustment on final judgment or order or on discontinuance (O. 29, r. 17)
Where a defendant has been ordered to make an interim payment or has in fact made an interim payment, whether voluntarily or pursuant to an order, the Court may, in giving or making a final judgment or order, or granting the plaintiff leave to discontinue his action or to withdraw the claim in respect of which the interim payment has been made, or at any other stage of the proceedings on the application of any party, make such order with respect to the interim payment as may be just, and in particular-
18. Counterclaims and other proceedings (O. 29, r. 18)
The preceding rules in this Part of this Order shall apply, with the necessary modifications, to any counterclaim or proceeding commenced otherwise than by writ, where one party seeks an order for an interim payment to be made by another.
(Enacted 1988)
Order: | 30 | RECEIVERS | L.N. 152 of 2008; L.N. 18 of 2009 | 02/04/2009 |
---|
1. Application for receiver and injunction (O. 30, r. 1)
2. Giving of security by receiver (O. 30, r. 2)
This Order applies to an application for appointment of a receiver under section 21M(1) of the Ordinance as it applies to an application for appointment of a receiver in an action or proceeding in the High Court subject to the following modifications-
(L.N. 152 of 2008) (Enacted 1988)
Remarks:
Adaptation amendments retroactively made - see 25 of 1998 s. 2
1. Power to order sale of land (O. 31, r. 1)
Where in any cause or matter relating to any land it appears necessary or expedient for the purposes of the cause or matter that the land or any part thereof should be sold, the Court may order that land or part to be sold, and any party bound by the order and in possession of that land or part, or in receipt of the rents and profits thereof, may be compelled to deliver up such possession or receipt to the purchaser or to such other person as the Court may direct.
In this Order "land" (土地) includes any interest in, or right over, land.
2. Manner of carrying out sale (O. 31, r. 2)
3. Certifying result of sale (O. 31, r. 3)
4. Mortgage, exchange or partition under order of the Court (O. 31, r. 4)
Rules 2 and 3 shall, so far as applicable and with the necessary modifications, apply in relation to the mortgage, exchange or partition of any land under an order of the Court as they apply in relation to the sale of any land under such an order.
(Enacted 1988)
Order: | 32 | APPLICATIONS AND PROCEEDINGS IN CHAMBERS | L.N. 152 of 2008; L.N. 18 of 2009 | 02/04/2009 |
---|
I. GENERAL
1. Mode of making application (O. 32, r. 1)
Except as provided by Order 25, rule 7, every application in chambers not made ex parte must be made by summons, and where, under the provisions of these rules, such summons must be supported by affidavit, such affidavit shall be filed at the same time as the summons.
(L.N. 127 of 1995)
2. Issue of summons (O. 32, r. 2)
5. Proceeding in absence of party failing to attend (O. 32, r. 5)
8. Registrar, etc., may administer oaths, etc. (O. 32, r. 8)
(1) The Registrar or any master shall have authority to administer oaths and take affidavits for the purpose of proceedings in the Court.
9. Applications under the Mental Health Ordinance (O. 32, r. 9)
9A. Application for a direction under the Limitation Ordinance (O. 32, r. 9A)
The jurisdiction to direct, under section 30 of the Limitation Ordinance (Cap 347), that section 27 or 28 of that Ordinance should not apply to an action or to any specified cause of action to which the action relates shall be exercisable by the Court.
10. Application to make order of Court of Final Appeal order of Court of First Instance (O. 32, r. 10)
(HK) An application to make an order of the Court of Final Appeal an order of the Court of First Instance may be made ex parte by affidavit to a master.
(79 of 1995 s. 50; 25 of 1998 s. 2)
II. POWERS OF THE REGISTRAR, JUDGES AND THE COURT
11. Jurisdiction of the Registrar and masters (O. 32, r. 11)
11A. Interlocutory applications
(O. 32, r. 11A)
(L.N. 152 of 2008)
11B. Court's power to specify consequences of failure to comply with court order on interlocutory application
(O. 32, r. 11B)
(4), it shall, unless there are special circumstances which render it inexpedient to do so, specify the consequences of failing to comply with the Order.
(3) The consequences specified under paragraph (1) or (2) must be appropriate and proportionate in relation to the non-compliance.
(L.N. 152 of 2008)
Any party
(a) filing an affidavit intended to be used by him in any proceedings in chambers, or
(b) intending to use in any such proceedings any affidavit filed by him in previous proceedings, must give notice to every other party of the filing or, as the case may be, of his intention to do so.
The judge may by any judgment or order made in court in any proceedings direct that such matters (if any) in the proceedings as he may specify shall be disposed of in chambers.
(HK) A note shall be kept of all proceedings in the judge's, registrar's or master's chamber with the dates thereof so that all such proceedings in any cause or matter are noted in chronological order with a short statement of the matters decided at each hearing.
(Enacted 1988)
Order: | 32A | VEXATIOUS LITIGANTS | L.N. 152 of 2008; L.N. 18 of 2009 | 02/04/2009 |
---|
1. Application under section 27(1) of the Ordinance (O. 32A, r. 1)
2. Application for leave for institution or continuance of proceedings, etc.
(O. 32A, r. 2)
3. Hearing and determination of application for leave (O. 32A, r. 3)
of application be served by the applicant on the Secretary for Justice and on any person against whom the applicant wishes to institute or continue the proceedings for which leave is being sought.
4. Service of order (O. 32A, r. 4)
5. Setting aside grant of leave
(O. 32A, r. 5)
6. Leave required for inspection of documents relating to application for leave under section 27A of the Ordinance (O. 32A, r. 6)
7. Transitional (O. 32A, r. 7)
Where, immediately before the commencement* of this Order, an application for an order or for leave under section 27 of the Ordinance as in force immediately before the commencement is pending, then the application is to be determined as if this Order had not been made.
(L.N. 152 of 2008)
Note:
* Commencement day: 2 April 2009.
Order: | 33 | PLACE AND MODE OF TRIAL | L.N. 152 of 2008; L.N. 18 of 2009 | 02/04/2009 |
---|
TRIAL
1. Place of trial (O. 33, r. 1)
Subject to the provisions of these rules, the place of trial of a cause or matter, or of any question or issue arising therein, shall be determined by the Court and shall be either the High Court Building or such other place or places as may be authorized by the Chief Justice.
(25 of 1998 s. 2)
2. Mode of trial (O. 33, r. 2)
Subject to the provisions of these rules, a cause or matter, or any question or issue arising therein, may be tried before-
(2A) In an action for personal injuries, the Court may at any stage of the proceedings and of its own motion make an order for the issue of liability to be tried before any issue or question concerning the amount of damages to be awarded and-
5. Trial with jury (O. 33, r. 5)
If it appears to the Court that the decision of any question or issue arising in a cause or matter and tried separately from the cause or matter substantially disposes of the cause or matter or renders the trial of the cause or matter unnecessary, it may dismiss the cause or matter or make such other order or give such judgment therein as may be just. (See App. A, Form 48)
(Enacted 1988)
Order: | 34 | SETTING DOWN FOR TRIAL ACTION BEGUN BY WRIT | L.N. 152 of 2008; L.N. 18 of 2009 | 02/04/2009 |
---|
1. Application and interpretation (O. 34, r. 1)
(1) This Order applies to actions begun by writ and, accordingly, references in this Order to an action shall be construed as references to an action so begun.
2. Time for setting down action (O. 34, r. 2)
3. Lodging documents when setting down (O. 34, r. 3)
required to be filed in the Registry under the Legal Aid Ordinance (Cap 91) or the regulations made thereunder. (L.N. 165 of 1992)
4. Directions relating to lists (O. 34, r. 4)
Nothing in this Order shall prejudice any powers of the Chief Justice to give directions-
8. Notification of setting down (O. 34, r. 8)
9. Abatement, etc., of action (O. 34, r. 9)
(Enacted 1988)
Order: | 35 | PROCEDURE AT TRIAL | L.N. 152 of 2008; L.N. 18 of 2009 | 02/04/2009 |
---|
1. Failure to appear by both parties or one of them (O. 35, r. 1)
Cap 4A - THE RULES OF THE HIGH COURT
the action or any counterclaim in the absence of that party.
2. Judgment, etc., given in absence of party may be set aside (O. 35, r. 2)
3. Adjournment of trial (O. 35, r. 3)
The judge may, if he thinks it expedient in the interest of justice, adjourn a trial for such time, and to such place, and upon such terms, if any, as he thinks fit.
3A. Time, etc. limits at trial
(O. 35, r. 3A)
(L.N. 152 of 2008)
7. Order of speeches (O. 35, r. 7)
8. Inspection by judge or jury (O. 35, r. 8)
At the conclusion of the trial of any action, the judicial clerk or other officer in attendance at the trial shall make a certificate in which he shall certify
11. List of exhibits (O. 35, r. 11)
12. Exhibits retained by Registrar pending appeal (O. 35, r. 12)
(HK)(1) Unless the Court otherwise directs, the Registrar shall retain in his custody all exhibits duly marked and labelled until
(2) Unless the Court otherwise directs, upon the expiration of the time limited for retention of exhibits fixed under paragraph (1) it shall be the duty of every party to an action who has put in any exhibits, and where represented, of his solicitor on the record, to apply to the Registrar for the return of the exhibits and to collect the same.
(25 of 1998 s. 2)
13. Impounded documents (O. 35, r. 13)
except by a person authorized to do so by an order signed by a judge. (Enacted 1988)
Remarks:
Adaptation amendments retroactively made - see 25 of 1998 s. 2
1. Trial before, and inquiry by, master (O. 36, r. 1)
(HK) In any cause or matter other than a criminal proceeding by the Crown, the Court may, with the consent of the parties, order that the cause or matter, or any question or issue of fact arising therein, be tried before a master or that the master do inquire and report thereon and, in the case of inquiry and report, giving consequential directions.
4. Power of master (O. 36, r. 4)
9. Report on reference (O. 36, r. 9)
(Enacted 1988)
Order: | 37 | DAMAGES: ASSESSMENT AFTER JUDGMENT AND ORDERS FOR PROVISIONAL DAMAGES | L.N. 152 of 2008; L.N. 18 of 2009 | 02/04/2009 |
---|
I. ASSESSMENT OF DAMAGES AFTER JUDGMENT
1. Assessment of damages by a master (O. 37, r. 1)
(HK)1A. Assessment of costs as damages (O. 37, r. 1A)
Where damages to be assessed pursuant to a judgment to which this Order applies consist solely of costs claimed on an indemnity basis, such assessment shall proceed as for a taxation of costs under Order 62 and the provisions of that Order shall apply as if an order for taxation of costs on the indemnity basis had been made.
(L.N. 404 of 1991)
(O. 37, r. 3)
Where any such judgment as is mentioned in rule 1 is given on failure to give notice of intention to defend or in default of defence, and the action proceeds against other defendants, the damages under the judgment shall be assessed at the trial unless the Court otherwise orders.
4. Power to order assessment at trial (O. 37, r. 4)
Where damages are to be assessed (whether under this Order or otherwise) in respect of any continuing cause of action, they shall be assessed down to the time of the assessment.
II. ORDERS FOR PROVISIONAL DAMAGES FOR PERSONAL INJURES
7. Application and interpretation (O. 37, r. 7)
8. Order for provisional damages (O. 37, r. 8)
which an application may be made at a future date, and shall also, unless the Court otherwise determines, specify the period within which such application may be made.
9. Offer to submit to an award (O. 37, r. 9)
10. Application for award of further damages (O. 37, r. 10)
(Enacted 1988)
Order: | 38 | EVIDENCE | L.N. 152 of 2008; L.N. 18 of 2009 | 02/04/2009 |
---|
I. GENERAL RULES
1. General rule: witnesses to be examined orally
(O. 38, r. 1)
Cap 4A - THE RULES OF THE HIGH COURT
Subject to the provisions of these rules and of the Evidence Ordinance (Cap 8) and any other written law relating to evidence, any fact required to be proved at the trial of any action begun by writ by the evidence of witnesses shall be proved by the examination of the witnesses orally and in open court.
2. Evidence by affidavit (O. 38, r. 2)
(7A) The Court may grant leave under paragraph (7)(b) only if it considers that there is good reason not to confine the evidence of the witness to the contents of his witness statement. (L.N. 152 of 2008)
(L.N. 223 of 1995)
3. Evidence of particular facts (O. 38, r. 3)
4. Limitation of expert evidence (O. 38, r. 4)
The Court may, at or before the trial of any action, order that the number of medical or other expert witnesses who may be called at the trial shall be limited as specified by the order.
4A. Evidence by single joint expert
(O. 38, r. 4A)
(L.N. 152 of 2008)
Any order under rules 2 to 5 (including an order made on appeal) may, on sufficient cause being shown, be revoked or varied by a subsequent order of the Court made at or before the trial.
(1) A party to any cause or matter who intends to adduce in evidence a finding or decision on a question of foreign law by virtue of section 59 of the Evidence Ordinance (Cap 8) shall
first hearing of the cause or matter is obtained, or in either case, within such other period as the Court may specify, serve notice of his intention on every other party to the proceedings.
10. High Court documents admissible or receivable in evidence (O. 38, r. 10)
(25 of 1998 s. 2)
II. WRITS OF SUBPOENA
14. Form and issue of writ of subpoena (O. 38, r. 14)
III. HEARSAY EVIDENCE
20. Application and interpretation (O. 38, r. 20)
(1) In this Part of this Order "the Ordinance" (條例) means the Evidence Ordinance (Cap 8) and any
expressions used in this Part and in Part IV of the Ordinance have the same meanings in this Part as they have in the said Part IV.
Ordinance. (2 of 1999 s. 6)
21. Power to call witness for cross-examination on hearsay evidence and to call additional evidence to attack or support hearsay evidence (O. 38, r. 21)
give such directions as it thinks fit to secure the attendance of that person and as to the procedure to be followed. (2 of 1999 s. 6)
22. Powers exercisable in chambers (O. 38, r. 22)
The jurisdiction of the Court under rules 20 and 21 may be exercised in chambers. (2 of 1999 s. 6)
23-34. (Repealed 2 of 1999 s. 6)
IV. EXPERT EVIDENCE
35. Interpretation (O. 38, r. 35)
35A. Expert witness's overriding duty to Court (O. 38, r. 35A)
(L.N. 152 of 2008)
36. Restrictions on adducing expert evidence (O. 38, r. 36)
(1) Except with the leave of the Court or where all parties agree, no expert evidence may be adduced at the trial or hearing of any cause or matter unless the party seeking to adduce the evidence-
(a) has applied to the Court to determine whether a direction should be given under rule 37 or 41 (whichever is appropriate) and has complied with any direction given on the application. (L.N. 152 of 2008)
(b)-(c) (Repealed L.N. 152 of 2008)
(2) Nothing in paragraph (1) shall apply to evidence which is permitted to be given by affidavit or shall affect the enforcement under any other provision of these rules (except of Order 45, rule 5) of a direction given under this Part of this Order.
(L.N. 363 of 1990)
37. Direction that expert report be disclosed (O. 38, r. 37)
述書) has the same meaning as in Order 18, rule 12(1C). (L.N. 404 of 1991)
37A. Expert report to be verified by statement of truth
(O. 38, r. 37A)
An expert report disclosed under these rules must be verified by a statement of truth in accordance with Order 41A.
(L.N. 152 of 2008)
37B. Duty to provide expert witness with copy of code of conduct
(O. 38, r. 37B)
(L.N. 152 of 2008)
37C. Expert witness's declaration of duty to Court (O. 38, r. 37C)
(L.N. 152 of 2008)
Where the Court considers that any circumstances rendering it undesirable to give a direction under rule 37 relate to part only of the evidence sought to be adduced, the Court may, if it thinks fit, direct disclosure of the remainder.
41. Expert evidence contained in statement (O. 38, r. 41)
Where an application is made under rule 36 in respect of expert evidence contained in a statement and the applicant alleges that the maker of the statement cannot or should not be called as a witness, the Court may direct that the provisions of rules 20 to 22 inclusive shall apply with such modifications as the Court thinks fit.
(L.N. 152 of 2008)
42. Putting in evidence expert report disclosed
by another party (O. 38, r. 42)
A party to any cause or matter may put in evidence any expert report disclosed to him by any other party in accordance with this Part of this Order.
43. Time for putting expert report in evidence (O. 38, r. 43)
Where a party to any cause or matter calls as a witness the maker of an expert report which has been disclosed under these rules, the report may be put in evidence at the commencement of the examination in chief of its maker or at such other time as the Court may direct.
(L.N. 152 of 2008)
44. Revocation and variation of directions (O. 38, r. 44)
Any direction given under this Part of this Order may on sufficient cause being shown be revoked or varied by a subsequent direction given at or before the trial of the cause or matter. (Enacted 1988)
Note:
* Commencement day: 2 April 2009.
Order: | 39 | EVIDENCE BY DEPOSITION: EXAMINERS OF THE COURT | L.N. 362 of 1997; 25 of 1998 | 01/07/1997 |
---|
Remarks:
Adaptation amendments retroactively made - see 25 of 1998 s. 2
1. Power to order depositions to be taken (O. 39, r. 1)
2. Where person to be examined is out of the jurisdiction (O. 39, r. 2)
3. Order for issue of letter of request (O. 39, r. 3)
3A. Examination otherwise than on oath (O. 39, r. 3A)
Notwithstanding the provisions of rule 1, where the person to be examined is out of the jurisdiction that person may be examined on oath or affirmation or otherwise in accordance with the procedure of the country in which the examination is to take place.
4. Enforcing attendance of witness at examination (O. 39, r. 4)
Where an order has been made under rule 1-
used in any cause or matter, the attendance of that person before the examiner and the production by him of any document at the examination may be enforced by writ of subpoena in like manner as the attendance of a witness and the production by a witness of a document at a trial may be enforced.
5. Refusal of witness to attend, be sworn, etc. (O. 39, r. 5)
court.
6. Appointment of time and place for examination (O. 39, r. 6)
11. Taking of depositions (O. 39, r. 11)
15. Perpetuation of testimony (O. 39, r. 15)
Remarks:
Adaptation amendments retroactively made - see 25 of 1998 s. 2
1. Appointment of expert to report on certain questions (O. 40, r. 1)
has such knowledge or experience of or in connection with that question that his opinion on it would be admissible in evidence.
2. Report of court expert (O. 40, r. 2)
Any party may, within 14 days after receiving a copy of the court expert's report, apply to the Court for leave to cross-examine the expert on his report, and on that application the Court shall make an order for the cross-examination of the expert by all the parties either- (L.N. 126 of 1995)
5. Remuneration of court expert (O. 40, r. 5)
6. Calling of expert witnesses (O. 40, r. 6)
Where a court expert is appointed in a cause or matter, any party may, on giving to the other parties a reasonable time before the trial notice of his intention to do so, call one expert witness to give evidence on the question reported on by the court expert but no party may call more than one such witness without the leave of the Court, and the Court shall not grant leave unless it considers the circumstances of the case to be exceptional.
(Enacted 1988)
Remarks:
Adaptation amendments retroactively made - see 25 of 1998 s. 2
1. Form of affidavit (O. 41, r. 1)
the words "and others", and similarly with respect to defendants.
Where it appears to the person administering the oath that the deponent is illiterate or blind, he must certify in the jurat that-
(c) the deponent made his signature or mark in his presence; and the affidavit shall not be used in evidence without such a certificate unless the Court is otherwise satisfied that it was read to and appeared to be perfectly understood by the deponent.
10. Use of original affidavit or office copy (O. 41, r. 10)
11. Document to be used in conjunction with affidavit to be exhibited to it (O. 41, r. 11)
The certificate must be entitled in the same manner as the affidavit and rule 1(1), (2) and (3) shall apply accordingly.
12. Affidavit taken in Commonwealth or foreign country admissible without proof of seal, etc. (O. 41, r. 12)
(Enacted 1988)
Order: | 41A | STATEMENTS OF TRUTH | L.N. 152 of 2008; L.N. 18 of 2009 | 02/04/2009 |
---|
1. Interpretation (O. 41A, r. 1)
In this Order, unless the context otherwise requires"expert report" (專家報告) means an expert report disclosed under these rules; "pleading" (狀書) includes
(a) particulars of a pleading given by a party to any other party, whether voluntarily or pursuant to-
authority for the purposes of this sub-paragraph.
4. Effect of statement of truth
(O. 41A, r. 4)
5. Form of statement of truth
(O. 41A, r. 5)
(iii) amendment to a pleading or particulars of pleading: "the amendment to [name document being verified ], made on [date];
6. Failure to verify pleading
(O. 41A, r. 6)
9. False statements (O. 41A, r. 9)
10. Transitional (O. 41A, r. 10)
This Order does not apply in relation to a document in any action if that document was filed, served or exchanged before the commencement* of this Order.
(L.N. 152 of 2008)
Note:
* Commencement day: 2 April 2009.
Order: | 42 | JUDGMENTS AND ORDERS | L.N. 152 of 2008; L.N. 18 of 2009 | 02/04/2009 |
---|
JUDGMENTS, ORDERS, ACCOUNTS AND INQUIRIES
1. Form of judgment and interest thereon, etc. (O. 42, r. 1)
In this paragraph "partial owner" (部分擁有人) means one of two or more persons having interest in the goods, unless he has the written authority of every other such person to sue on the latter's behalf.
2. Judgment, etc. requiring act to be done: time for doing it (O. 42, r. 2)
3. Date from which judgment or order takes effect (O. 42, r. 3)
4. Orders required to be drawn up (O. 42, r. 4)
costs, need not be drawn up unless the Court otherwise directs.
similar order made by a master that an application or summons shall be heard by a Judge;
(HK)(j) leave to inspect and take copies of documents filed in the Registry;
(HK)(k) the transfer of an action from one list to another;
(HK)(l) the vacation or variation of the dates upon which an action has been set down to be heard; and
(HK)(m) the admission of a person as a solicitor or a barrister of the High Court under the Legal practitioners
Ordinance (Cap 159), and any order made under rule 13 of the Admission and Registration Rules (Cap 159 sub. leg.). (25 of 1998 s. 2)
5. Drawing up and entry of judgments and orders (O. 42, r. 5)
5B. Reasons for judgment or order (O. 42, r. 5B)
(HK)(1) A Court shall give the reasons for any decision either at the time the judgment or order is pronounced or, where it is at that time announced that the reasons will be given at a later date, at such later date as may be fixed.
Remarks:
Adaptation amendments retroactively made - see 25 of 1998 s. 2
1. Summary order for account (O. 43, r. 1)
(1) Where a writ is indorsed with a claim for an account or a claim which necessarily involves taking an account, the plaintiff may, at any time after the defendant has acknowledged service of the writ or after the time limited for acknowledging service, apply for an order under this rule.
(1A) A defendant to an action begun by writ who has served a counterclaim, which includes a claim for an account or a claim which necessarily involves taking an account, on-
2. Court may direct taking of accounts, etc. (O. 43, r. 2)
3. Directions as to manner of taking account or making inquiry (O. 43, r. 3)
4. Account to be made, verified, etc. (O. 43, r. 4)
The accounts of a person appointed guardian of a minor's estate must be verified and passed in such a manner as the Court may direct. (Enacted 1988)
(L.N. 404 of 1991)
3. Directions by the Court (O. 44, r. 3)
4. Application of rules 5 to 8 (O. 44, r. 4)
Rules 5 to 8 apply
any such inquiry to be made, and those rules shall, with the necessary modifications, apply where in any other proceedings the judgment directs any account of debts or other liabilities to be taken or any inquiry to be made.
7. Adjudication on claims (O. 44, r. 7)
For the purpose of adjudicating on claims the Court may
12. Appeal against master's order (O. 44, r. 12)
(1) Subject to paragraph (2), Order 58, rule 1 shall apply to an order made under rule 11 as it applies to any judgment, order or decision of a master, save that the hearing shall be in open court unless the Court directs otherwise.
(L.N. 129 of 2000)
(1A) The following provisions shall have effect in the application of Order 58, rule 1 to an order made under rule 11
(2) If the order is to be acted on by the Judiciary Accountant or is an order passing a receiver's account, notice of appeal must be issued not later than two clear days after the making of the order and, where the order is to be acted on by the Judiciary Accountant, a duplicate of it must be served on the Judiciary Accountant as soon as practicable after it is made.
(Enacted 1988)
Order: | 44A | (HK) PROHIBITION ORDER BEFORE OR AFTER JUDGMENT AND ATTACHMENT OF PROPERTY BEFORE JUDGMENT | 25 of 1998 | 01/07/1997 |
---|
Remarks:
Adaptation amendments retroactively made - see 25 of 1998 s. 2
PROVISIONAL REMEDIES
(HK) ORDER 44A
(HK) PROHIBITION ORDER BEFORE OR AFTER JUDGMENT AND ATTACHMENT OF PROPERTY BEFORE JUDGMENT
Prohibition order against debtor
1. Application of the Order to an intended action (O. 44A, r. 1)
4. Application to discharge order (O. 44A, r. 4)
(L.N. 126 of 1995) the Court shall-
5. Power to award compensation (O. 44A, r. 5)
(1) Where it appears to the Court that the order prohibiting a debtor from leaving Hong Kong
no longer required, the Court may, on the application of the debtor, award against the plaintiff or judgment creditor reasonable compensation to the debtor for any injury or loss sustained by the debtor by reason of sub-paragraph (a) or (b):
Provided that the Court shall not award a larger sum by way of compensation under this rule than is competent to the Court to award in an action for damages.
(2) An award of compensation under this rule shall bar any action for damages in respect of the prohibition order.
Interim attachment of property of defendant
7. Application for taking security from defendant or for attachment of his property in certain cases (O. 44A, r. 7)
8. Issue of warrant requiring defendant to furnish security or to appear and show cause, and attaching his property (O. 44A, r. 8)
9. Showing cause, and procedure thereon (O. 44A, r. 9)
10. Saving of rights of other persons under attachment (O. 44A, r. 10)
Expanded Cross Reference:
46, 47, 48, 49, 49B, 50, 51
Remarks:
Adaptation amendments retroactively made - see 25 of 1998 s. 2
ENFORCEMENT OF JUDGMENTS AND ORDERS
1. Enforcement of judgment, etc., for payment of money (O. 45, r. 1)
3. Enforcement of judgment for possession of land (O. 45, r. 3)
4. Enforcement of judgment for delivery of goods (O. 45, r. 4)
5. Enforcement of judgment to do or abstain from doing any act (O. 45, r. 5)
6. Judgment, etc. requiring act to be done: order fixing time for doing it (O. 45, r. 6)
7. Service of copy of judgment, etc., prerequisite to enforcement under r. 5 (O. 45, r. 7)
13. Enforcement of judgments and orders for recovery of money, etc. (O. 45, r. 13)
14. Power of the Court to order immediate execution (O. 45, r. 14)
(HK)(1) The Court may at the time of giving judgment, on the oral application of the party in whose favour the judgment is given, order immediate execution thereof without the issue of a writ of execution, except as to so much as relates to the costs, and that the judgment shall be executed as to the costs as soon as the amount thereof has been ascertained by taxation.
(2) The order for immediate execution shall be in writing and shall be sufficient authority to the bailiff to proceed at once to execution of the judgment against the property of the party against whom judgment is given: Provided that the party obtaining the order shall as soon thereafter as practicable comply with the requirements of Order 46, rule 6: Provided further that, if the party against whom the order has been made satisfies the Court that he has sufficient means and intends to satisfy the judgment, the Court may discharge the order for immediate execution.
15. Judgment for money against representatives of deceased persons (O. 45, r. 15)
(HK) If the judgment is against a party as the representative of a deceased person and such judgment is for money to be paid out of the property of the deceased person, it may be executed by the attachment and sale of any such property or, if no such property can be found and the defendant fails to satisfy the Court that he has duly applied such property of the deceased person as may be proved to have come into his possession, the judgment may be executed against the defendant to the extent of the property not duly applied by him, in the same manner as if the judgment had been against him personally.
(HK)(1) If a judgment has been given jointly in favour of more persons than one, any one or more of such persons, or his or their representatives, may apply to the Court for leave to issue execution on the whole judgment for the benefit of them all or, where any of them has died, for the benefit of the survivors and of the representative in interest of the deceased person.
(2) If the Court grants such leave it shall make such order as it may think fit for protecting the interests of the
persons who have not joined in the application. (Enacted 1988)
Order: | 46 | WRITS OF EXECUTION: GENERAL | L.N. 152 of 2008; L.N. 18 of 2009 | 02/04/2009 |
---|
5. Application for leave to issue writ of sequestration (O. 46, r. 5)
(L.N. 152 of 2008)
6. Issue of writ of execution (O. 46, r. 6)
any money or the doing of any other act thereunder has expired.
(5) Every writ of execution shall bear the date of the day on which it is issued.
8. Duration and renewal of writ of execution (O. 46, r. 8)
9. Return to writ of execution (O. 46, r. 9)
Remarks:
Adaptation amendments retroactively made - see 25 of 1998 s. 2
1. Power to stay execution by writ of fieri facias (O. 47, r. 1)
stating the grounds of the application and the evidence necessary to substantiate them and, in particular, where such application is made on the grounds of the applicant's inability to pay, disclosing his income, the nature and value of any property of his and the amount of any other liabilities of his.
3. Separate writs to enforce payment of costs, etc. (O. 47, r. 3)
6. Order for sale in execution of judgment (O. 47, r. 6)
(HK)(1) Every sale in execution of a judgment shall be made under the direction of the Registrar and shall be conducted according to such orders, if any, as the Court may make on application of the person at whose instance the writ of execution under which the sale is to be made was issued, of the person against whom that writ was issued or of the bailiff to whom it was issued. In the absence of any such application the sale shall be made by public auction.
(HK)7. Special rules as to the sale of immovable property (O. 47, r. 7)
certificate to the person who has been declared the purchaser at such sale to the effect that he has purchased the right, title and interest of the judgment debtor in the property sold.
(b) Such certificate shall be liable to the same stamp duty as an assignment of the same property and, when duly stamped as aforesaid, shall be taken and deemed to be a valid transfer of such right, title and interest and may be registered in the Land Registry under the Land Registration Ordinance (Cap 128). (8 of 1993 s. 30)
(HK)8. Special rules as to the sale of movable property (O. 47, r. 8)
(iii) execute such deed or other instrument.
(Enacted 1988)
1. Order for examination of judgment debtor (O. 48, r. 1)
(1) Where a person has obtained a judgment or order for the payment by some other person (hereinafter referred to as "the judgment debtor") of money, the Court may, on an application made ex parte by the person entitled to enforce the judgment or order, order the judgment debtor or, if the judgment debtor is a body corporate, an officer thereof, to attend before the Registrar or such officer as the Court may appoint and be orally examined on the questions-
judgment or order, and the Court may also order the judgment debtor or officer to produce any books or documents in the possession of the judgment debtor relevant to the questions aforesaid at the time and place appointed for the examination.
2. Examination of party liable to satisfy other judgment
(O. 48, r. 2)
Where any difficulty arises in or in connection with the enforcement of any judgment or order, other than such a judgment or order as is mentioned in rule 1, the Court may make an order under that rule for the attendance of the party liable to satisfy the judgment or order and for his examination on such questions as may be specified in the order, and that rule shall apply accordingly with the necessary modifications.
3. Record of judgment debtor's evidence given at examination (O. 48, r. 3)
The Registrar or officer conducting the examination shall cause to be recorded, by means of shorthand notes or mechanical, electronic or optical device or otherwise, the evidence given by the judgment debtor or other person at the examination.
(L.N. 108 of 2002) (Enacted 1988)
1. Attachment of debt due to judgment debtor (O. 49, r. 1)
2. Application for order (O. 49, r. 2)
An application for an order under rule 1 must be made ex parte supported by an affidavit-
the time of the application, (ba) if the amount remaining unpaid under the judgment or order is arrears of maintenance, stating-
3. Service and effect of order to show cause (O. 49, r. 3)
4. No appearance or dispute of liability by garnishee (O. 49, r. 4)
5. Dispute of liability by garnishee (O. 49, r. 5)
Where on the further consideration of the matter the garnishee disputes liability to pay the debt due or claimed to be due from him to the judgment debtor, the Court may summarily determine the question at issue or order that any question necessary for determining the liability of the garnishee be tried in any manner in which any question or issue in an action may be tried, without if it orders trial before a master the need for any consent by the parties.
6. Claims of third persons (O. 49, r. 6)
10. Costs (O. 49, r. 10)
The costs of any application for an order under rule 1 or 9, and of any proceedings arising therefrom or incidental thereto, shall, unless the Court otherwise directs, be retained by the judgment creditor out of the money recovered by him under the order and in priority to the judgment debt.
(Enacted 1988)
1. Securing attendance at examination (O. 49B, r. 1)
1A. Examination of debtor (O. 49B, r. 1A)
1AA. Record of judgment debtor's evidence given at examination
(O. 49B, r. 1AA)
The Court shall cause to be recorded, by means of shorthand notes or mechanical, electronic or optical device or otherwise, the evidence given by the judgment debtor at the examination conducted under rule 1A.
(L.N. 108 of 2002)
1B. Power of the Court following examination (O. 49B, r. 1B)
(1) Where the Court is satisfied, following the examination conducted under rule 1A or following an examination conducted under Order 48, that the judgment debtor-
Order 48 or to answer any question as provided under that rule or Order, it may, in its discretion, order the imprisonment of the judgment debtor for a period not exceeding 3 months.
(b) Notwithstanding rule 7, the Court may order the imprisonment of the judgment debtor on each occasion of a failure to comply with an order under paragraph (2) or more than once in respect of a continuing failure to comply with an order under that paragraph.
1C. Imprisonment not to satisfy debt (O. 49B, r. 1C)
An order for imprisonment under this Order shall not satisfy or extinguish any judgment debt.
2. Support and maintenance allowance to prisoner for debt (O. 49B, r. 2)
When a judgment debtor is committed to prison in execution of the judgment the Court shall fix whatever monthly allowance it may think sufficient for his support and maintenance, not exceeding $660 per diem, which shall be paid by the person at whose instance the judgment has been executed to the Commissioner of Correctional Services by monthly payments in advance, the second and subsequent such payments to be made not less than 7 days before the last preceding such payment is exhausted.
(L.N. 74 of 1989; L.N. 403 of 1992; L.N. 167 of 1994; L.N. 419 of 1995)
3. Removal to hospital of prisoner for debt in case of serious illness (O. 49B, r. 3)
In this Order, "judgment creditor" (判定債權人) includes any person entitled to enforce the judgment. (Enacted 1988)
Order: | 50 | CHARGING ORDERS, STOP ORDERS, ETC. | L.N. 152 of 2008; L.N. 18 of 2009 | 02/04/2009 |
---|
1. Order imposing a charge on a beneficial interest (O. 50, r. 1)
2. Service of notice of order to show cause
(O. 50, r. 2)
3. Order made on further consideration (O. 50, r. 3)
4. Order imposing a charge on an interest held by a trustee (O. 50, r. 4)
5. Effect of order in relation to securities out of court (O. 50, r. 5)
6. Effect of order in relation to funds in court (O. 50, r. 6)
(1) Where an order to show cause has been made in relation to funds in court (including securities in court) and a copy thereof has been served on the Registrar in accordance with rule 2, no disposition by the judgment debtor of any interest to which the order relates, made after the making of that order, shall, so long as the order remains in force, be valid as against the judgment creditor.
(2) If the Court makes the order absolute, a copy of the order shall be served on the Registrar at the Registry.
7. Discharge, etc., of charging order (O. 50, r. 7)
9. Jurisdiction of master to grant injunction (O. 50, r. 9)
A master shall have power to grant an injunction if, and only so far as, it is ancillary or incidental to an order under rule 1, 3 or 4 and an application for an injunction under this rule may be joined with the application for the order under rule 1, 3 or 4 to which it relates.
9A. Enforcement of charging order by sale (O. 50, r. 9A)
10. Funds in court: stop order (O. 50, r. 10)
11. Securities not in court: stop notice (O. 50, r. 11)
annexed to it, addressed to the body or unit trust concerned, and must serve an office copy of the affidavit, and a copy of the notice sealed with the Seal of the Court on that person or body as provided in rule 2(1)(b).
must be served on the person on whose behalf a stop notice was filed. The summons shall be in Form No. 10 in Appendix A.
15. Order prohibiting transfer, etc. of securities (O. 50, r. 15)
(1) The Court, on the application of any person claiming to be beneficially entitled to an interest in any securities of the kinds set out in section 20A(2)(b) of the Ordinance may by order prohibit the person or body concerned from registering any transfer of the securities or taking any other step to which section 55C(4) of the Ordinance applies. (See App. A, Form 81) (L.N. 356 of 1988)
The order shall specify the securities to which the prohibition relates, the name in which they stand and the steps which may not be taken, and shall state whether the prohibition applies to the securities only or to the dividends or interest as well.
(Enacted 1988)
Remarks:
Adaptation amendments retroactively made - see 25 of 1998 s. 2
1. Appointment of receiver by way of equitable execution (O. 51, r. 1)
(1) Where an application is made for the appointment of a receiver by way of equitable execution, the Court in determining whether it is just or convenient that the appointment should be made shall have regard to the amount claimed by the judgment creditor, to the amount likely to be obtained by the receiver and to the probable costs of his appointment and may direct an inquiry on any of these matters or any other matter before making the appointment. (See App. A, Form 84)
An application for the appointment of a receiver by way of equitable execution may be made in accordance with Order 30, rule 1, and rules 2 to 6 of that Order shall apply in relation to a receiver appointed by way of equitable execution as they apply in relation to a receiver appointed for any other purpose. (See App. A, Forms 82, 83)
(Enacted 1988)
Order: | 52 | COMMITTAL | L.N. 152 of 2008; L.N. 18 of 2009 | 02/04/2009 |
---|
1. Committal for contempt of court (O. 52, r. 1)
The power of the Court or of the Court of Appeal to punish for contempt of court may be exercised by an order of committal made by a single Judge or by a single justice of appeal. (See App. A, Form 85)
(HK)2. Grant of leave to apply for committal (O. 52, r. 2)
(HK)(1) No application for an order of committal against any person may be made unless leave to make such an application has been granted in accordance with this rule.
(HK)(7) If the judge grants leave he may impose such terms as to costs and as to giving of security as be thinks fit.
3. Application for order after leave to apply granted (O. 52, r. 3)
(L.N. 152 of 2008)
5. Saving for power to commit without application for purpose (O. 52, r. 5)
Nothing in the foregoing provisions of this Order shall be taken as affecting the power of the Court of First Instance or the Court of Appeal to make an order of committal of its own motion against a person guilty of contempt of court.
(25 of 1998 s. 2)
6. Provisions as to hearing (O. 52, r. 6)
(1) Subject to paragraph (2), the Court hearing an application for an order of committal may sit in private in the following cases, that is to say-
affecting the security of Hong Kong the application should be heard in private; but, except as aforesaid, the application shall be heard in open court.
7. Power to suspend execution of
committal order (O. 52, r. 7)
8. Discharge of person committed (O. 52, r. 8)
9. Saving for other powers (O. 52, r. 9)
Nothing in the foregoing provisions of this Order shall be taken as affecting the power of the Court to make an order requiring a person guilty of contempt of court, or a person punishable by virtue of any written law in like manner as if he had been guilty of contempt of the Court of First Instance, to pay a fine or to give security for his good behaviour, and those provisions, so far as applicable, and with the necessary modifications, shall apply in relation to an application for such an order as they apply in relation to an application for an order of committal.
(25 of 1998 s. 2)
(Enacted 1988)
Order: | 53 | APPLICATIONS FOR JUDICIAL REVIEW | L.N. 152 of 2008; L.N. 18 of 2009 | 02/04/2009 |
---|
1A. Interpretation (O. 53, r. 1A)
In this Order-
"application for judicial review" (司法覆核申請) includes an application in accordance with this Order for a review of the lawfulness of-
"interested party" (有利害關係的一方、有利害關係的各方), in relation to an application for judicial review, means any person (other than the applicant and respondent) who is directly affected by the application.
(L.N. 152 of 2008)
1. Cases appropriate for application for judicial review (O. 53, r. 1)
(L.N. 152 of 2008)
4. Delay in applying for relief (O. 53, r. 4)
4A. Service of order granting leave
(O. 53, r. 4A)
(L.N. 152 of 2008)
5. Mode of applying for judicial review (O. 53, r. 5)
(L.N. 152 of 2008)
5A. Affidavit evidence (O. 53, r. 5A)
At the hearing of the application for judicial review, no affidavit may be relied on unless-
(L.N. 152 of 2008)
5B. Court's powers to hear any person
(O. 53, r. 5B)
(L.N. 152 of 2008)
6. Statements and affidavits (O. 53, r. 6)
(1) Copies of the statement in support of an application for leave under rule 3 must be served with the originating summons and, subject to paragraph (2), no grounds shall be relied upon or any relief sought at the hearing except the grounds and relief set out in the statement. (L.N. 152 of 2008)
7. Claim for damages (O. 53, r. 7)
8. Application for discovery, interrogatories, cross-examination, etc. (O. 53, r. 8)
9. Hearing of application for judicial review (O. 53, r. 9)
by writ by the applicant at the time of making his application, the Court may, instead of refusing the application, order the proceedings to continue as if they had been begun by writ; and Order 28, rule 8, shall apply.
(L.N. 152 of 2008)
10. Saving for person acting in obedience to mandamus (O. 53, r. 10)
No action or proceeding shall be begun or prosecuted against any person in respect of anything done in obedience to an order of mandamus.
(L.N. 152 of 2008) (Enacted 1988)
Note:
* Commencement day: 2 April 2009.
Order: | 54 | APPLICATIONS FOR WRIT OF HABEAS CORPUS | L.N. 152 of 2008; L.N. 18 of 2009 | 02/04/2009 |
---|
1. Application for writ of habeas corpus ad subjiciendum (O. 54, r. 1)
(1) An application for a writ of habeas corpus ad subjiciendum shall be made to a single judge in court, except that-
court.
2. Power of Court to whom ex parte application made (O. 54, r. 2)
(L.N. 152 of 2008)
7. Return to the writ (O. 54, r. 7)
(1) An application for a writ of habeas corpus ad testificandum or of habeas corpus ad respondendum must be made on affidavit to a judge in chambers.
10. Form of writ (O. 54, r. 10)
A writ of habeas corpus must be in Form No. 89, 91 or 92 in Appendix A, whichever is appropriate. (Enacted 1988)
Remarks:
Adaptation amendments retroactively made - see 25 of 1998 s. 2
1. Application (O. 55, r. 1)
(HK)2. Court to hear appeal (O. 55, r. 2)
Except where it is otherwise provided by these rules or under any enactment, an appeal to which this Order applies shall be heard and determined by a single judge.
(L.N. 363 of 1990)
3. Bringing of appeal (O. 55, r. 3)
4. Service of notice of motion and entry of appeal (O. 55, r. 4)
6A. Interlocutory applications (O. 55, r. 6A)
(L.N. 404 of 1991)
7. Powers of court hearing appeal (O. 55, r. 7)
8. Right of government department to appear and be heard (O. 55, r. 8)
Where an appeal to which this Order applies is against any order, determination or other decision of a government department, the department shall be entitled to appear and be heard in the proceedings on the appeal. (Enacted 1988)
Order: | 58 | APPEALS FROM MASTERS | L.N. 152 of 2008; L.N. 18 of 2009 | 02/04/2009 |
---|
1. Appeals from certain decisions of masters to a judge in chambers (O. 58, r. 1)
2. Appeals from certain decisions of masters to Court of Appeal (O. 58, r. 2)
An appeal shall lie to the Court of Appeal from any judgment, order or decision (other than an interlocutory judgment, order or decision) of a master, given or made- (HK)(a) on the hearing or determination of any cause, matter, question or issue tried before him under Order 14, rule 6(2) and Order 36, rule 1;
(b) on an assessment of damages under Order 37 or otherwise; or (HK)(c) on the hearing or determination of an application under Order 84A, rule 3; or (L.N. 127 of 1995) (HK)(d) on the hearing or determination of an application under Order 49B; or (HK)(e) on the hearing of a petition for winding-up or bankruptcy. (L.N. 404 of 1991)
7. Appeal from judgment, etc. of judge in interpleader proceedings (O. 58, r. 7)
Order: | 59 | APPEALS TO THE COURT OF APPEAL | L.N. 152 of 2008; L.N. 18 of 2009 | 02/04/2009 |
---|
1. Application of Order to appeals (O. 59, r. 1)
2. Application of Order to applications for new trial (O. 59, r. 2)
This Order (except so much of rule 3(1) as provides that an appeal shall be by way of rehearing and except rule 11 (1)) applies to an application to the Court of Appeal for a new trial or to set aside a verdict, finding or judgment after trial with or without a jury, as it applies to an appeal to that Court, and references in this Order to an appeal and to an appellant shall be construed accordingly.
GENERAL PROVISIONS AS TO APPEALS
2A. Application to Court of Appeal for leave to appeal (O. 59, r. 2A)
(L.N. 152 of 2008)
2B. Application for leave to appeal against interlocutory and other judgments or orders of Court
(O. 59, r. 2B)
(1) Subject to paragraph (4) and any other enactment, an application for leave to appeal against
or the Court of Appeal, may only be made to the Court in the first instance within 14 days from the date of the judgment or order.
(L.N. 152 of 2008)
2C. Refusal by single judge of application for leave to appeal (O. 59, r. 2C)
determining the fresh application.
(L.N. 152 of 2008)
3. Notice of appeal (O. 59, r. 3)
(L.N. 404 of 1991)
4. Time for appealing (O. 59, r. 4)
5. Setting down appeal (O. 59, r. 5)
(L.N. 152 of 2008)
6. Respondent's notice (O. 59, r. 6)
7. Amendment of notice of appeal and respondent's notice (O. 59, r. 7)
8. Directions of the Court as to service (O. 59, r. 8)
9. Documents to be lodged by appellant (O. 59, r. 9)
(1) Not less than 14 days before the date on which the appeal is listed for hearing the appellant must cause to be lodged with the Registrar the number of copies for which paragraph (2) provides of each of the following documents, namely- (L.N. 152 of 2008)
(HK)(i) such documents, affidavits, exhibits, or parts of exhibits, as were in evidence in the court below and as are relevant to any question at issue on the appeal.
(2) Unless otherwise directed the number of copies to be lodged in accordance with paragraph (1) is three copies except
(2A) When the transcripts, if any, referred to in items (f) and (g) of paragraph (1) have been bespoken by the appellant and paid for, the number of such transcripts required in accordance with paragraph (2) shall be sent by the appellant direct to the Registrar. (L.N. 152 of 2008)
10. General powers of the Court (O. 59, r. 10)
Provided that the said powers of the Court of Appeal shall be exercisable only by that Court or a single judge in relation to-
11. Powers of the Court as to new trials (O. 59, r. 11)
but except as aforesaid the Court of Appeal shall not have power to reduce or increase the damages awarded by a jury.
(5) A new trial shall not be ordered by reason of the ruling of any judge that a document is sufficiently stamped or does not require to be stamped.
12. Evidence on appeal (O. 59, r. 12)
Where any question of fact is involved in an appeal, the evidence taken in the court below bearing on the question shall, subject to any direction of the Court of Appeal or a single judge, be brought before that Court as follows-
(L.N. 404 of 1991)
12A. Non-disclosure of payment into court (O. 59, r. 12A)
13. Stay of execution, etc. (O. 59, r. 13)
be allowed unless the court below otherwise orders. (L.N. 152 of 2008) (25 of 1998 s. 2)
14. Applications to the Court of Appeal (O. 59, r. 14)
(1) Unless otherwise directed, every application to the Court of Appeal or a single judge which is not made ex parte must be made by summons and such summons must be served on the party or parties affected at least 2 clear days before the day on which it is heard or, in the case of an application which is made after the expiration of the time for appealing, at least 7 days before the day on which the summons is heard. (L.N. 404 of 1991)
(1A) In support of any application (whether made ex parte or inter partes) the applicant shall lodge with the Registrar such documents as the Court of Appeal or a single judge may direct, and rule 9(3) and (4) shall apply, with any necessary modifications, to applications as they apply to appeals. (L.N. 404 of 1991)
as sole arbitrator or, as the case may be, as umpire by or by virtue of an arbitration agreement.
(7) An application which may be heard by a single judge, shall, unless otherwise directed, be heard in
chambers. (L.N. 152 of 2008) (8)-(9) (Repealed L.N. 404 of 1991)
14A. Determination of interlocutory application (O. 59, r. 14A)
(1) The Court of Appeal (including a single judge thereof) may, in relation to a cause or matter pending before the Court of Appeal, determine an interlocutory application without a hearing on the basis of written submissions only.
(L.N. 152 of 2008)
15. Extension of time (O. 59, r. 15)
Without prejudice to the power of the Court of Appeal or a single judge under Order 3, rule 5, to extend or abridge the time prescribed by any provision of this Order, the period for serving notice of appeal under rule 4 or making application ex parte under rule 14(3) may be extended or abridged by the court below on application made before the expiration of that period.
(L.N. 404 of 1991)
SPECIAL PROVISIONS AS TO PARTICULAR APPEALS
16. Appeal against decree nisi (O. 59, r. 16)
(a) in relation to a cause pending in a district court, the registrar of that court.
19. Appeal from District Court (O. 59, r. 19)
(4A) Rule 12A shall apply in any case where money was paid into court by the defendant before judgment in district court proceedings in satisfaction of the plaintiff's cause of action or of one or more causes joined in one action or on account of a sum admitted by the defendant to be due to the plaintiff.
(4B) Rule 12A(1) applies as if a reference to Order 22 were a reference to Order 22 of the Rules of the District Court (Cap 336 sub. leg. H). (L.N. 152 of 2008)
(5) Rule 13(1)(a) shall apply subject to the provisions of section 66 of the District Court Ordinance (Cap 336).
20. Appeals in cases of contempt of court (O. 59, r. 20)
CASES WHERE LEAVE TO APPEAL IS NOT REQUIRED
FOR INTERLOCUTORY APPEALS
(L.N. 152 of 2008)
21. Judgments and orders to which section 14AA(1) of the Ordinance not apply (O. 59, r. 21)
(L.N. 152 of 2008) (Enacted 1988)
Order: | 60A | (HK) APPEALS FROM TRIBUNALS TO COURT OF APPEAL ON A QUESTION OF LAW OTHER THAN BY WAY OF CASE STATED | L.N. 152 of 2008; L.N. 18 of 2009 | 02/04/2009 |
---|
3. Time for appealing (O. 60A, r. 3)
Subject to the provisions of any Ordinance, a notice of appeal must be served on all parties to the proceedings before the tribunal, and on the tribunal, within 28 days of the date on which the judgment or order of the tribunal was given.
(L.N. 152 of 2008)
4. Setting down appeal (O. 60A, r. 4)
The Registrar shall notify the tribunal of the decision of the Court of Appeal on the appeal and of any direction given by the Court therein. (Enacted 1988)
Order: | 61 | APPEALS FROM TRIBUNALS TO COURT OF APPEAL BY WAY OF CASE STATED | L.N. 152 of 2008; L.N. 18 of 2009 | 02/04/2009 |
---|
2. Statement of case by tribunals (O. 61, r. 2)
(4A) Where the decision of the tribunal in respect of which a case is stated states all the relevant facts found by the tribunal and indicates the questions of law to be decided by the Court of Appeal, a copy of the decision signed by the person who presided at the hearing shall be annexed to the case, and the facts so found and the question of law to be decided shall be sufficiently stated in the case by referring to the statement thereof in the decision.
3. Proceedings on case stated (O. 61, r. 3)
case and of any directions given by that Court thereon. (Enacted 1988) "certificate" (證明書) includes allocatur;
Order: | 62 | COSTS | L.N. 152 of 2008; L.N. 18 of 2009 | 02/04/2009 |
---|
1. Interpretation (O. 62, r. 1) (1) In this Order- | COSTS PRELIMINARY | |
---|---|---|
Cap 4A - THE RULES OF THE HIGH COURT | 177 |
(HK) "contentious business" (爭議事務) means business done, whether as a barrister, solicitor or advocate, in or for the purpose of proceedings begun before the Court or before an arbitrator appointed under the Arbitration
Ordinance (Cap 341) not being common form probate business; (10 of 2005 s. 166)
"costs" (訟費) include fees, charges, disbursements, expenses and remuneration;
"the Court" (法院、法庭) means the High Court or any one or more judges thereof, whether sitting in Court or in chambers, the Registrar or assistant registrar or master; (25 of 1998 s. 2)
(HK) "District Court" (區域法院) means the District Court established under the provisions of the District Court Ordinance (Cap 336), and any judge of that court; (L.N. 152 of 2008)
"legal representative" (法律代表), in relation to a party to proceedings, means a counsel or solicitor conducting litigation on behalf of the party; (L.N. 152 of 2008)
(HK) "mentally disordered person" (精神紊亂的人) means a person who is so far disabled in mind or who is so mentally ill or subnormal due to arrested or incomplete development of mind as to render it either necessary or expedient that he, either for his own sake or in the public interest, should be placed and kept under control;
(HK) "non-contentious business" (非爭議事務) means any business done by and as a solicitor which is not contentious business;
"party entitled to be heard on taxation" (有權在訟費評定中獲聆聽的一方) means
(25 of 1998 s. 2)
ENTITLEMENT TO COSTS
3. Order as to entitlement to costs (O. 62, r. 3)
(L.N. 152 of 2008)
mentioned in Order 102, rule 13, he shall, if his claim succeeds, be entitled to his costs incurred in establishing it, unless the Court otherwise directs, and, if his claim or any part of it fails, may be ordered to pay the costs of any person incurred in opposing it.
4. Stage of proceedings at which costs to be dealt with (O. 62, r. 4)
(L.N. 152 of 2008)
5. Special matters to be taken into account in exercising discretion (O. 62, r. 5)
(1) The Court in exercising its discretion as to costs shall, to such extent, if any, as may be appropriate in the
circumstances, take into account- (L.N. 152 of 2008) (aa) the underlying objectives set out in Order 1A, rule 1; (L.N. 152 of 2008)
(2) For the purpose of paragraph (1)(e), the conduct of the parties includes-
6. Restriction of discretion to order costs (O. 62, r. 6)
or mortgagee, he shall, unless the Court otherwise orders, be entitled to the costs of those proceedings, in so far as they are not recovered from or paid by any other person, out of the fund held by the trustee or personal representative or the mortgaged property, as the case may be; and the Court may otherwise order only on the ground that the trustee, personal representative or mortgagee has acted unreasonably or, in the case of a trustee or personal representative, has in substance acted for his own benefit rather than for the benefit of the fund.
6A. Costs orders in favour of or against non-parties
(O. 62, r. 6A)
(L.N. 152 of 2008)
7. Costs arising from misconduct or neglect (O. 62, r. 7)
regard in particular to the following matters, that is to say(aa) the underlying objectives set out in Order 1A, rule 1; (L.N. 152 of 2008)
8. Personal liability of legal representative for costs-wasted costs order
(O. 62, r. 8)
(L.N. 152 of 2008)
8A. Court may make wasted costs order on its own motion or on application (O. 62, r. 8A)
(L.N. 152 of 2008)
8B. Stages of considering whether to make a wasted costs order
(O. 62, r. 8B)
(L.N. 152 of 2008)
8C. Application for wasted costs order not to be used as means of intimidation
(O. 62, r. 8C)
(L.N. 152 of 2008)
8D. Personal liability of legal representative for costs-supplementary provisions
(O. 62, r. 8D)
(L.N. 152 of 2008)
8E. Stages of considering whether
to make direction under rule
8D(1) (O. 62, r. 8E)
(L.N. 152 of 2008)
9. Taxed costs, fractional taxed costs or costs summarily assessed for non-interlocutory applications (O. 62, r. 9)
(L.N. 152 of 2008)
9A. Summary assessment of costs of interlocutory application
(O. 62, r. 9A)
pursuant to an order made under paragraph (1)(b), the taxing master may make such order as to the costs of the taxation or such other order as he considers appropriate.
(5) In determining whether the taxed costs materially exceed the amount paid pursuant to an order made under paragraph (1)(b), the taxing master shall, in addition to any other matter that he may consider relevant, have regard to-
(L.N. 152 of 2008)
9B. Time for complying with direction or order for summary assessment
(O. 62, r. 9B)
(L.N. 152 of 2008)
9C. When summary assessment not allowed
(O. 62, r. 9C)
(1) No direction or order may be made under rule 9(4)(b) or 9A(1)(a) or (b) for the payment of a sum of money if-
waived the right to any further sum of money in respect of the costs of the interlocutory application.
(2) In this rule"paying party" (支付方) means the party against whom a direction or order under rule 9(4)(b) or 9A(1)(a) or (b) is made;
"receiving party" (收取方) means the party in whose favour a direction or order under rule 9(4)(b) or 9A(1)(a) or (b) is made.
(L.N. 152 of 2008)
9D. When to tax costs
(O. 62, r. 9D)
(L.N. 152 of 2008)
10. When a party may sign judgment for costs without an order (O. 62, r. 10)
11. When order for taxation of costs not required (O. 62, r. 11)
(L.N. 152 of 2008)
POWERS OF TAXING OFFICERS
12. Powers of taxing masters to tax costs (O. 62, r. 12)
(1) A taxing master shall have power to tax
13. Powers of certain judicial clerks to tax costs (O. 62, r. 13)
(HK)(1) A Chief Judicial Clerk shall have power to transact all such business and exercise all such authority as under rule 21B of this Order may be transacted and exercised by the taxing master and to issue a certificate for any costs taxed by him.
(1A) Paragraph (1) only applies if the amount of the bill of costs does not exceed the sum of $200000. (L.N. 152 of 2008)
(L.N. 343 of 1989; L.N. 152 of 2008)
13A. Taxing master may give directions
(O. 62, r. 13A)
(L.N. 152 of 2008)
14. Supplementary powers of taxing masters (O. 62, r. 14)
A taxing master may, in the discharge of his functions with respect to the taxation of costs-
15. Disposal of business by one taxing master for another (O. 62, r. 15)
16. Extension etc., of time (O. 62, r. 16)
17. Interim certificates (O. 62, r. 17)
(L.N. 152 of 2008)
17B. Taxing master may set aside his own decision (O. 62, r. 17B)
If a party entitled to be heard on taxation fails to raise any objection to a bill of costs or to appear at a hearing set down under rule 21B(4) or 21C(1), a decision of a taxing master made against that party may be set aside or varied by the taxing master for good reasons and on such terms as he thinks fit.
(L.N. 152 of 2008)
18. Power of taxing master where party liable to be paid and to pay costs (O. 62, r. 18)
Where a party entitled to be paid costs is also liable to pay costs, the taxing master may
19. Taxation of bill of costs comprised in account (O. 62, r. 19)
PROCEDURE ON TAXATION
21. Mode of commencing proceedings for taxation (O. 62, r. 21)
(L.N. 152 of 2008)
21A. Application for taxation to be set down (O. 62, r. 21A)
(L.N. 152 of 2008)
21B. Provisional taxation (O. 62, r. 21B)
(L.N. 152 of 2008)
21C. Taxation with a hearing
(O. 62, r. 21C)
(L.N. 152 of 2008)
21D. Withdrawal of bill of costs
(O. 62, r. 21D)
(L.N. 152 of 2008)
22. Delay in service of notice of
commencement of taxation
or in proceeding with
taxation (O. 62, r. 22)
(1) If, within 3 months after the completion date, the person entitled to payment of costs has neither-
21(2), the taxing master, on the application of the person liable to pay such costs and on not less than 7 days' notice to the person entitled to payment of those costs, may make an order under paragraph (3).
as extended, whichever is the later.
(a) in relation to a costs order made by the Court of First Instance
(iii) the date on which the taxing master orders under rule 9D(4) the person entitled to payment of the costs of any interlocutory proceedings in the Court of First Instance to commence taxation proceedings; or
(iv) where the person entitled to payment of costs is entitled to tax those costs without an order of the Court of First Instance directing the taxation of them, the date on which he becomes entitled to
tax those costs,
whichever is the later; and
(b) in relation to a costs order made by the Court of Appeal-
(iii) the date on which the taxing master orders under rule 9D(4) the person entitled to payment of the costs of any interlocutory proceedings in the Court of Appeal to commence taxation proceedings; or
(iv) where the person entitled to payment of costs is entitled to tax those costs without an order of the Court of Appeal directing the taxation of them, the date on which he becomes entitled to tax those costs,
whichever is the later.
(L.N. 152 of 2008)
(L.N. 152 of 2008)
27. Powers of taxing master taxing costs payable out of fund (O. 62, r. 27)
thereof, free of charge together with a letter containing the following information, that is to say- (L.N. 126 of 1995)
BASES AND SCALES FOR TAXATION AND
ASSESSMENT OF COSTS
(L.N. 152 of 2008)
28. Costs payable to one party by another or out of a fund (O. 62, r. 28)
(4A) On a taxation on the indemnity basis all costs shall be allowed except insofar as they are of an unreasonable amount or have been unreasonably incurred and any doubts which the taxing master may have as to whether the costs were reasonably incurred or were reasonable in amount shall be resolved in favour of the receiving party; and in these rules the term "the indemnity basis" (彌償基準) in relation to the taxation of costs shall be construed accordingly.
(L.N. 125 of 1991)
(5) The Court in awarding costs to which this rule applies to any person may if it thinks fit and if
trustee or personal representative, order or direct that the costs shall be taxed as if that person were a trustee of the fund or as if the costs were to be paid out of a fund held by that person, as the case may be, and where the Court so orders or directs rule 31(2) shall have effect in relation to the taxation in substitution for paragraph (2) of this rule.
29. Costs payable to a solicitor by his own client (O. 62, r. 29)
30. Costs payable to solicitor where money recovered by or on behalf of infant, etc. (O. 62, r. 30)
c. 60 U.K.)#, and a claim consisting of or including a claim under the Fatal Accidents Ordinance (Cap
22) made by or on behalf of that widow in such an action, as if for references to a plaintiff there were substituted references to a defendant.
31. Costs payable to a trustee out of the trust funds, etc. (O. 62, r. 31)
32. Scales of costs (O. 62, r. 32)
32A. Liability for costs of taxation
(O. 62, r. 32A)
(L.N. 152 of 2008)
32B. Reimbursement for taxing fees
(O. 62, r. 32B)
Upon the issue of a final certificate under rule 17A, the party liable to pay costs shall pay to the party entitled to payment of the costs an amount of money equivalent to the prescribed taxing fee calculated on the basis of the amount of costs allowed.
(L.N. 152 of 2008)
32C. Court's powers in relation to misconduct (O. 62, r. 32C)
(L.N. 152 of 2008)
REVIEW
33. Application to taxing master for review (O. 62, r. 33)
Provided that no application under this rule for review of a decision in respect of any item may be made after the signing of the taxing master's final certificate dealing with that item. (L.N. 152 of 2008)
(3A) If an applicant fails to comply with paragraph (3), the taxing master may dismiss the application. (L.N. 152 of 2008)
34. Review by taxing master (O. 62, r. 34)
(HK)(1) A review under rule 33 shall be carried out by the taxing master to whom the taxation was originally assigned.
35. Review of taxing master's certificate by a judge (O. 62, r. 35)
particular may order the taxing master's certificate to be amended or, except where the dispute as to the item under review is as to amount only, order the item to be remitted to the same or another taxing master for taxation.
(7) In this rule "Judge" (法官) means a judge in person.
TRANSITIONAL
(L.N. 152 of 2008)
36. Transitional provision relating to Part 16 of Amendment Rules 2008 (O. 62, r. 36)
Rules 8, 8A, 8B, 8C, 8D and 8E do not apply in relation to any costs incurred before the commencement of the Amendment Rules 2008, and rule 8 as in force immediately before the commencement continues to apply in relation to those costs as if Part 16 had not been made.
(L.N. 152 of 2008)
37. Transitional provisions relating to Part 23 of Amendment Rules 2008 (O. 62, r. 37)
Schedule of this Order relate was undertaken before the commencement, then the First Schedule or Part III of the Second Schedule of this Order as in force immediately before the commencement applies in relation to that item of work as if it had not been amended by Part 23 of the Amendment Rules 2008.
commencement. | (L.N. 152 of 2008) | ||
---|---|---|---|
FIRST SCHEDULE | [rule 32] | ||
PART I | |||
SCALE OF COSTS | |||
Item1. | Particulars Preparation of a bundle of copies of documents, including the costs of copying and collating the documents and compiling (including indexing and pagination) the bundle, per page of whatever size (L.N. 152 of 2008)............... | Charges $4 per page in respect of the first |
bundle, and $1 per page in respect of each subsequent bundle
1A. Copying of documents, per page of whatever size (L.N. 152 of 2008)........................ $1
PART II
GENERAL
Discretionary costs
1. (1) (Repealed L.N. 152 of 2008)
(2) In exercising his discretion under this paragraph or under rule 32(2) in relation to any item, the taxing master shall have regard to all relevant circumstances, and in particular to-
Fees to counsel
2. (1) Except in the case of taxation under the Legal Aid Ordinance (Cap 91) and taxations of fees payable by the Crown, no fee to counsel shall be allowed unless
(L.N. 152 of 2008)
(L.N. 152 of 2008)
Items to be authorized, certified etc.
4. (1) In an action arising out of an accident on land due to a collision or apprehended collision, the costs of preparing a plan (other than a sketch plan) of the place where the accident happened shall not be allowed unless
or particulars have been certified by the Court to have been proven or to have been reasonable and proper.
Attendances in Chambers-equity jurisdiction
5. (1) The following provisions of this paragraph apply in relation to every hearing in chambers in the equity jurisdiction of the Court.
(3) Where on any such hearing as aforesaid the Court certifies that the speedy and satisfactory disposal of the proceedings required and received from the solicitor engaged in them exceptional skill and labour in the preparation for the hearing, the taxing master in taxing the costs to be allowed for instructions in relation to the summons or application shall take the certificate into account.
Copies of documents
7. (1) There shall be allowed for printing copies of any document the amount properly paid to the printer; and where any part of a document is properly printed in a foreign language or as a facsimile or in any unusual or special manner, or where any alteration becomes necessary after the first proof of the document, there shall be allowed such an amount as the taxing master thinks reasonable, such amount to include any attendances on the printer.
once in the same cause or matter. | |
---|---|
SECOND SCHEDULE | [rule 32] |
PART I | |
COSTS ON JUDGMENT WITHOUT TRIAL FOR A LIQUIDATED SUM OR UNDER ORDER 13A | (L.N. 152 of 2008) |
1. The scale of costs set out in Part II of this Schedule (which includes the scale prescribed pursuant to section 72 of the District Court Ordinance (Cap 336) shall apply in relation to the following cases if the writ of summons therein was issued after the commencement* of the Amendment Rules 2008, and was indorsed with a claim for a debt or liquidated demand only, that is to say- (L.N. 152 of 2008)
1A. The scale of costs set out in Part II of this Schedule applies in relation to cases in which the plaintiff obtains judgment under Order 13A without a hearing. (L.N. 152 of 2008)
2. Notwithstanding anything in paragraph 1 or 1A of this Schedule or in the said scale, no costs shall be allowed in any case to which the said paragraph 1 or 1A applies unless- (L.N. 152 of 2008)
3. In every case to which the said scale applies there shall be added to the basic costs set out in the said scale the fee which would have been payable on the issue of a writ for the amount recovered.
PART II
SCALE OF COSTS
Item Scale
$
Basic Costs
To be allowed in cases under-sub-paragraph (a) of paragraph 1 9000 if the plaintiff is legally represented and 500 if the plaintiff is not legally represented sub-paragraph (b) of paragraph 1 10000 if the plaintiff is legally represented and 600 if the plaintiff is not legally represented paragraph 1A 10000 if the plaintiff is legally represented and 600 if the plaintiff is not legally represented
Additional Costs
(L.N. 152 of 2008)
PART III
MISCELLANEOUS
Item Scale
$
any party, there shall be allowed- cost of issuing execution 600
(L.N. 152 of 2008) (Enacted 1988)
Note:
# Please also see following-
* Commencement day: 2 April 2009.
Order: | 62A | COSTS OFFER AND PAYMENTS INTO COURT | L.N. 152 of 2008; L.N. 18 of 2009 | 02/04/2009 |
---|
I. PRELIMINARY
1. Interpretation and application
(O. 62A, r. 1)
paying party; "relevant date" (有關日期), in relation to a taxation, means-
(a) the date on which the bill of costs is taxed under Order 62, rule 21B(1); or
costs offer is not made in accordance with this Order, it does not have the consequences specified in this Order, unless the Court so orders.
II. MANNER OF MAKING SANCTIONED
OFFER OR SANCTIONED PAYMENT
3. Paying party's costs offer requires sanctioned payment
(O. 62A, r. 3)
4. Receiving party's costs offer requires sanctioned offer
(O. 62A, r. 4)
A costs offer by a receiving party does not have the consequences specified in this Order unless it is made by way of a sanctioned offer.
5. Form and content of sanctioned offer
(O. 62A, r. 5)
6. Service of sanctioned offer
(O. 62A, r. 6)
A receiving party who makes a sanctioned offer shall serve the sanctioned offer on the paying party.
7. Withdrawal or diminution of sanctioned offer (O. 62A, r. 7)
8. Notice of sanctioned payment
(O. 62A, r. 8)
9. Service of sanctioned payment
(O. 62A, r. 9)
A paying party who makes a sanctioned payment shall-
10. Withdrawal or diminution of sanctioned payment
(O. 62A, r. 10)
11. Time when sanctioned offer or sanctioned payment is made and accepted (O. 62A, r. 11)
12. Clarification of sanctioned offer or sanctioned payment notice
(O. 62A, r. 12)
III. ACCEPTANCE OF SANCTIONED OFFER
OR SANCTIONED PAYMENT
13. Time for acceptance of paying party's sanctioned payment
(O. 62A, r. 13)
14. Time for acceptance of receiving party's sanctioned offer
(O. 62A, r. 14)
15. Payment out of a sum in court on acceptance of sanctioned payment
(O. 62A, r. 15)
Subject to rule 16(4), where a sanctioned payment is accepted, the receiving party may obtain payment out of the sum in court by making a request for payment in Form No. 93B in Appendix A.
16. Acceptance of sanctioned payment made by one or more, but not all, paying parties (O. 62A, r. 16)
17. Cases where court order is required to enable acceptance of sanctioned offer or sanctioned payment
(O. 62A, r. 17)
Where a sanctioned offer or a sanctioned payment is made in proceedings to which Order 80, rule 10 (Compromise, etc., by person under disability) applies
IV. CONSEQUENCES OF SANCTIONED OFFER
OR SANCTIONED PAYMENT
18. Consequences of acceptance of sanctioned offer or sanctioned payment (O. 62A, r. 18)
19. Costs consequences where receiving party fails to better sanctioned payment (O. 62A, r. 19)
20. Costs and other consequences where receiving party does better than he proposed in his sanctioned offer
(O. 62A, r. 20)
V. MISCELLANEOUS
21. Restriction on disclosure of sanctioned offer or sanctioned payment (O. 62A, r. 21)
22. Interest (O. 62A, r. 22)
(L.N. 152 of 2008)
Remarks:
Adaptation amendments retroactively made - see 25 of 1998 s. 2
GENERAL AND ADMINISTRATIVE PROVISIONS
(HK)3A. Filing of documents in the Registry
(O. 63, r. 3A)
(L.N. 127 of 1995)
4. Right to inspect, etc. certain documents filed in the Registry (O. 63, r. 4)
5. Deposit of documents (O. 63, r. 5)
Where the Court orders any documents to be lodged in court, they must, unless otherwise directed, be deposited in the Registry.
8. Inspection, etc. of powers of attorney (O. 63, r. 8)
Any deed which by virtue of any written law is required or authorized to be enrolled in the High Court may be enrolled in the Registry. In this rule "deed" (契據) includes assurances and other instruments. (25 of 1998 s. 2) (Enacted 1988)
1. Sittings of the Supreme Court (O. 64, r. 1)
(1) The sittings of the Court of Appeal and of the Court of First Instance shall be three in every year, that is to say- (25 of 1998 s. 2)
2. Court of Appeal (O. 64, r. 2)
3. Court of First Instance (O. 64, r. 3)
direct. (25 of 1998 s. 2)
3A. Business in vacation (O. 64, r. 3A)
(HK)(1) Upon application by any party to an action or matter, the Court may, if it thinks fit-
7. High Court Offices: days on which open and office hours (O. 64, r. 7)
(25 of 1998 s. 2) (Enacted 1988)
Remarks:
Adaptation amendments retroactively made - see 25 of 1998 s. 2
1. When personal service required (O. 65, r. 1)
4. Substituted service (O. 65, r. 4)
5. Ordinary service: how effected (O. 65, r. 5)
(1) Service of any document, not being a document which by virtue of any provision of these rules is required to be served personally or a document to which Order 10, rule 1, applies, may be effected-
In these rules "document exchange" (文件轉遞處) means any document exchange, or exchanges under the control of the same operator, for the time being approved by the Chief Justice. (L.N. 223 of 1995)
(2) For the purposes of this rule, and of section 8 of the Interpretation and General Clauses Ordinance (Cap 1), in its application to this rule, the proper address of any person on whom a document is to be served in accordance with this rule shall be the address for service of that person, but if at the time when service is effected that person has no address for service his proper address for the purposes aforesaid shall be-
(2A) Any such document which is left at a document exchange in accordance with paragraph (1)(c) shall, unless the contrary is proved, be deemed to have been served on the business day following the day on which it is left.
6. Service on Secretary for Justice in proceedings which
are not by or against the Crown (O. 65, r. 6)
Where for the purpose of or in connection with any proceedings in the High Court, not being civil proceedings by or against the Crown within the meaning of Part III of the Crown Proceedings Ordinance (Cap 300), any document is required by any written law or these rules to be served on the Secretary for Justice, section 14 of the said Ordinance and Order 77, rule 4, shall apply in relation to the service of the document as they apply in relation to the service of documents required to be served on the Crown for the purpose of or in connection with any civil proceedings by or against the Crown.
(L.N. 362 of 1997; 25 of 1998 s. 2)
originating or other summons or warrant. (Enacted 1988)
Remarks:
Adaptation amendments retroactively made - see 25 of 1998 s. 2
3. Copies of documents for other party (O. 66, r. 3)
The copy must be ready for delivery within 48 hours after a written request for it, together with an undertaking to pay the proper charges, is received and must be supplied thereafter on payment of those charges. (25 of 1998 s. 2)
4. Requirements as to copies (O. 66, r. 4)
shall be answerable for the copy being a true copy of the original or of an office copy, as the case may be. (Enacted 1988)
Order: | 67 | CHANGE OF SOLICITOR | L.N. 152 of 2008; L.N. 18 of 2009 | 02/04/2009 |
---|
1. Notice of change of solicitor (O. 67, r. 1)
(1) Where
accordance with the foregoing provisions of this Order, any other party to the cause or matter may apply to the Court, or if an appeal to the Court of Appeal is pending in the cause or matter, to the Court of Appeal, for an order declaring that the solicitor has ceased to be the solicitor acting for the first-mentioned party in the cause or matter, and the Court or Court of Appeal, as the case may be, may make an order accordingly.
(2) An application for an order under this rule must be made by summons and the summons must, unless the Court or Court of Appeal, as the case may be, otherwise directs, be served on the party to whose solicitor the application relates. (L.N. 152 of 2008)
The application must be supported by an affidavit stating the grounds of the application.
6. Withdrawal of solicitor who has ceased to act for party (O. 67, r. 6)
(1) Where a solicitor who has acted for a party in a cause or matter has ceased so to act and the party has not given notice of change in accordance with rule 1, or notice of intention to act in person in accordance with rule 4, the solicitor may apply to the Court for an order declaring that the solicitor has ceased to be the solicitor acting for the party in the cause or matter, and the Court or Court of Appeal, as the case may be, may make an order accordingly, but, unless and until the solicitor-
served as aforesaid, he shall, subject to the foregoing provisions of this Order, be considered the solicitor of the party till the final conclusion of the cause or matter whether in the Court of First Instance or Court of Appeal. (25 of 1998 s. 2)
of the Legal Aid Ordinance (Cap 91) is revoked or discharged, the solicitor who acted for the assisted person shall cease to be the solicitor acting in the cause or matter as soon as his retainer is determined under that Ordinance; and if the assisted person whose certificate has been revoked or discharged desires to proceed with the cause or matter without legal aid and appoints that solicitor or another solicitor to act on his behalf, the provisions of rule 3 shall apply as if that party had previously sued or defended in person.
(HK)6A. Leave required to inspect affidavits
(O. 67, r. 6A)
(HK) Notwithstanding the provisions of Order 63, rule 4(2), the leave of the Court or the Court of Appeal, as the case may be, is required before inspection can be made, or any copy obtained, of any affidavit made or filed pursuant to rule 6(2).
(L.N. 167 of 1994)
7. Address for service of party whose solicitor is removed, etc. (O. 67, r. 7)
Where
revoked or discharged, then, unless and until the party to whose solicitor or to whom, as the case may be, the order or certificate relates either appoints another solicitor and complies with rule 3 or, being entitled to act in person, gives notice of his intention so to do and complies with rule 4, his last known address or, where the party is a body corporate, its registered or principal office shall, for the purpose of the service on him of any document not required to be served personally, be deemed to be his address for service.
9. Order to apply to matrimonial causes and matters (O. 67, r. 9)
This Order shall have effect in relation to matrimonial causes and matters and, in its application to such a cause or matter, any reference in rules 4 and 7 to an address for service shall be construed as a reference to the address for service required by the rules in force by virtue of the provisions of section 10 or made under section 54 of the Matrimonial Causes Ordinance (Cap 179).
(Enacted 1988)
Remarks:
Adaptation amendments retroactively made - see 25 of 1998 s. 2
1. Official shorthand note of all evidence, etc.
(O. 68, r. 1)
2. Evidence when not to be transcribed (O. 68, r. 2)
5. Payment for transcript for poor respondent
(O. 68, r. 5)
8. Mechanical recording (O. 68, r. 8)
In this Order any reference to a shorthand note of any proceedings shall be construed as including a reference to a record of the proceedings made by mechanical means.
8A. Definition (O. 68, r. 8A)
In this Order "transcript" (謄本) includes the transcript of the official shorthand note and any official typescript of the Judge's manuscript note. (Enacted 1988)
PROVISIONS AS TO PROCEEDINGS OF A COUNTRY
OR PLACE OUTSIDE HONG KONG
(L.N. 39 of 1999)
SERVICE OF PROCESS FROM A COUNTRY OR PLACE OUTSIDE HONG KONG
(L.N. 39 of 1999)
1. Definitions (O. 69, r. 1)
In this Order-
"a convention country" (協約國) means a foreign country in relation to which there subsists a civil procedure convention providing for service in that country of process of the Court of First Instance, and includes a country which is a party to the Convention on the Service Abroad of Judicial and Extra-Judicial Documents in Civil or Commercial Matters signed at The Hague on 15 November 1965; (25 of 1998 s. 2)
"process" (法律程序文件) includes a citation;
"process server" (法律程序文件送達人) means the process server appointed under rule 4 or his authorized agent;
"taxing master" (訟費評定官) means a taxing master of the High Court. (25 of 1998 s. 2)
2. Applications (O. 69, r. 2)
This Order applies to the service on a person in Hong Kong of any process in connection with civil or commercial proceedings in a court or tribunal of a country or place outside Hong Kong where the Registrar receives a written request for service-
(L.N. 39 of 1999)
3. Service of process (O. 69, r. 3)
(1) If the request is in a language other than either or both of Hong Kong's official languages, it shall be accompanied by a translation of the request in either of Hong Kong's official languages, 2 copies of the process and, unless the court or tribunal of a country or place outside Hong Kong certifies that the person to be served understands the language of the process, 2 copies of the translation of the process. (L.N. 39 of 1999)
(L.N. 362 of 1997; L.N. 39 of 1999)
(7) The certificate under paragraph (6) shall be sealed with the seal of the High Court for use out of the jurisdiction. (25 of 1998 s. 2)
4. Appointment of process server (O. 69, r. 4)
The process server for the purposes of this Order shall be the Chief Bailiff. (Enacted 1988)
1. Interpretation and exercise of jurisdiction (O. 70, r. 1)
*3. Application by Law Officer (International Law) in certain cases (O. 70 r. 3)
Where a request
country, and no person is named in the document as the person who will make the necessary
application on behalf of such party, the Registrar shall send the document to the Law Officer (International Law) and the Law Officer (International Law) may make an application for an order under the Ordinance, and take such other steps as may be necessary, to give effect to the request.
(L.N. 362 of 1997; L.N. 322 of 1998)
4. Person to take and manner of taking examination
(O. 70, r. 4)
5. Dealing with deposition (O. 70, r. 5)
Unless any order made in pursuance of this Order for the examination of any witness otherwise directs, the examiner before whom the examination was taken must send the deposition of that witness to the Registrar, and the Registrar shall-
6. Claim to privilege (O. 70, r. 6)
(Enacted 1988)
Note:
* Please see the transitional provision in rule 2 of L.N. 322 of 1998.
Order: | 71 | RECIPROCAL ENFORCEMENT OF FOREIGN JUDGMENTS* | L.N. 152 of 2008; L.N. 18 of 2009 | 02/04/2009 |
---|
2. Application for registration (O. 71, r. 2)
3. Evidence in support of application (O. 71, r. 3)
and shall contain a notification that execution on the judgment will not issue until after the expiration of that period.
(4) The Court may, on an application made at any time while it remains competent for any party to apply to have the registration set aside, extend the period (either as originally fixed or as subsequently extended) within which an application to have the registration set aside may be made.
6. Register of judgments (O. 71, r. 6)
7. Notice of registration (O. 71, r. 7)
9. Application to set aside registration (O. 71, r. 9)
10. Issue of execution (O. 71, r. 10)
(O. 71, r. 12)
The foregoing rules shall, in relation to any judgment registered or sought to be registered under the Ordinance, have effect subject to any such provisions contained in the Order in Council extending the Ordinance to the country of the original court as are declared by the Order to be necessary for giving effect to the agreement made between Hong Kong and that country in relation to matters with respect to which there is power to make those rules.
13. Certified copy of judgment (O. 71, r. 13)
and a certificate (signed and sealed as aforesaid) stating the rate at which the judgment carries interest. (25 of 1998 s. 2)
ENFORCEMENT OF RECOMMENDATIONS ETC. UNDER THE MERCHANT
SHIPPING (LINER CONFERENCES) ORDINANCE (CAP 482)
(L.N. 152 of 2008)
41. Application for registration (O. 71, r. 41)
An application under section 10 of the Merchant Shipping (Liner Conferences) Ordinance (Cap 482)(in this Order referred to as "the Liner Conferences Ordinance") for the registration of a recommendation, determination or award shall be made by originating summons, which shall be in Form No. 10 in Appendix A.
(L.N. 152 of 2008)
42. Evidence in support of application (O. 71, r. 42)
43. Order for registration (O. 71, r. 43)
44. Register of recommendations etc. (O. 71, r. 44)
or award so registered. (Enacted 1988)
Note:
*(Amended 9 of 2008 s. 27)
Order: | 71A | RECIPROCAL ENFORCEMENT OF MAINLAND JUDGMENTS | L.N. 195 of 2008 | 01/08/2008 |
---|
1. Interpretation (O. 71A, r. 1)
In this Order—
“choice of Mainland court agreement” (選用內地法院協議), “judgment creditor” (判定債權人), “judgment debtor” (判定債務人), “Mainland” (內地), “Mainland judgment” (內地判決), “original court” (原審法院) and “registered judgment” (已登記判決) have the meanings assigned to them by section 2 of the Ordinance;
“the Ordinance” (《條例》) means the Mainland Judgments (Reciprocal Enforcement) Ordinance (Cap 597).
2. Application for registration (O. 71A, r. 2)
3. Evidence in support of application for registration of Mainland judgments
(O. 71A, r. 3)
The Court may order the judgment creditor to give security for the costs of the application for registration of a Mainland judgment and of any proceedings which may be brought to set aside the registration.
6. Register of Mainland judgments (O. 71A, r. 6)
7. Notice of registration (O. 71A, r. 7)
8. Application to set aside registration
(O. 71A, r. 8)
In the case of an application for registration of any part of a Mainland judgment under section 5(1) of the Ordinance—
11. Evidence in support of application for registration of part of Mainland judgments (O. 71A, r. 11)
of any other part of the judgment. (9 of 2008 s. 27)
1. Interpretation (O. 71B, r. 1)
In this Order— “choice of Hong Kong court agreement” (選用香港法院協議) has the meaning assigned to it by section 2 of the
Ordinance; “judgment” (判決) includes any judgment, order and allocatur in civil or commercial matters; “Mainland” (內地) has the meaning assigned to it by section 2 of the Ordinance; “the Ordinance” (《條例》) means the Mainland Judgments (Reciprocal Enforcement) Ordinance (Cap 597).
2. Certified copies of judgments (O. 71B, r. 2)
Order: | 72 | (HK) PARTICULAR PROCEEDINGS | L.N. 152 of 2008; L.N. 18 of 2009 | 02/04/2009 |
---|
SPECIAL PROVISIONS AS TO PARTICULAR
PROCEEDINGS
1. Application and interpretation (O. 72, r. 1)
2. The Various Lists (O. 72, r. 2)
4. Entry of action in particular list when action begun
(O. 72, r. 4)
5. Transfer of action to particular list after action begun (O. 72, r. 5)
6. Removal of action from particular list (O. 72, r. 6)
7. Pleadings in particular proceedings (O. 72, r. 7)
8. Directions in particular proceedings (O. 72, r. 8)
(L.N. 152 of 2008)
(Enacted 1988)
Order: | 73 | ARBITRATION PROCEEDINGS | L.N. 152 of 2008; L.N. 18 of 2009 | 02/04/2009 |
---|
2. Matters for a judge in court (O. 73, r. 2)
(e) to determine, under section 23A(l) of that Ordinance, any question of law arising in the course of a
reference, or (HK)(f) to make an order under section 2GE of that Ordinance, or (HK)(g) to decide, under article 13(3) of the Fifth Schedule to that Ordinance, on a challenge to an arbitrator, or
(L.N. 363 of 1990) (HK)(h) to decide, under article 14(1) of the Fifth Schedule to that Ordinance, on the termination of an arbitrator's mandate, or (L.N. 363 of 1990) (HK)(i) to set aside an arbitral award under article 34 of the Fifth Schedule to that Ordinance, (L.N. 363 of
1990) may be made by originating summons in Form No. 10 in Appendix A to a single judge in court. (L.N. 363 of 1990)
(L.N. 152 of 2008)
3. Matters for judge in chambers or master (O. 73, r. 3)
4. Application for interim injunction under section 2GC(1) of Arbitration Ordinance (O. 73, r. 4)
conducted in open court.
(L.N. 152 of 2008)
5. Time limits and other special provisions as to appeals and applications under the Arbitration Ordinance
(O. 73, r. 5)
(L.N. 152 of 2008)
6. Applications and appeals to be heard in a particular list (O. 73, r. 6)
6A. Originating summons to be heard in chambers (O. 73, r. 6A)
An originating summons referred to in rules 2, 3 and 5 may be heard in chambers if the judge, whether of his own motion or at the request of one or more of the parties, so decides.
(L.N. 152 of 2008)
7. Service out of the jurisdiction of summons and order (O. 73, r. 7)
(L.N. 152 of 2008)
(HK)(1) Subject to paragraphs (1A) and (1B), service out of the jurisdiction of- (L.N. 152 of 2008)
(a) any originating summons under the Arbitration Ordinance (Cap 341), or
(b) any order made on such a summons, is permissible with leave of the Court provided that the arbitration to which the summons or order relates is granted by Hong Kong law or has been, is being, or is to be held within the jurisdiction. (L.N. 152 of 2008)
(1A) Service out of the jurisdiction of an originating summons for leave to enforce an award is permissible with the leave of the Court whether or not the arbitration is governed by Hong Kong law. (1B) Service out of the jurisdiction of an originating summons by which an application for an interim injunction
or any other interim measure under section 2GC(1) of the Arbitration Ordinance (Cap 341) is made is permissible with the leave of the Court. (L.N. 152 of 2008)
8. Registration in High Court of foreign awards (O. 73, r. 8)
Where an award is made in proceedings on an arbitration in any territory to which sections 3 to 9 of the Foreign Judgments (Reciprocal Enforcement) Ordinance (Cap 319) extend, being a part to which the said Ordinance has been applied, then, if the award has, in pursuance of the law in force in the place where it was made, become enforceable in the same manner as a judgment given by a court in that place, Order 71 shall apply in relation to the award as it applies in relation to a judgment given by that court, subject, however, to the following modifications-
9. Registration of awards under Arbitration (International Investment Disputes) Act 1966 (O. 73, r. 9)
(1) In this rule and in any provision of these rules as applied by this rule- "the Act of 1966" (1966年法令) means the Arbitration (International Investment Disputes) Act 1966 (1966 c. 41
U.K.); "award" (裁決) means an award rendered pursuant to the Convention; "judgment creditor" (判定債權人) and "judgment debtor" (判定債務人) mean respectively the person seeking
recognition or enforcement of an award and the other party to the award.
of the enforcement of the award, the Court shall, or, in the case referred to in subparagraph (b) may, stay execution of the award for such time as it considers appropriate in the circumstances.
(7) An application by the judgment debtor under paragraph (6) shall be made by summons and supported by affidavit.
(L.N. 363 of 1990)
10. Enforcement of settlement agreement under section 2C of the Arbitration Ordinance or of award under section 2GG of that Ordinance (O. 73, r. 10)
(1) An application for leave-
(HK)(a) under section 2C of the Arbitration Ordinance (Cap 341) to enforce a settlement agreement, or (L.N. 363 of 1990)
(b) under section 2GG of that Ordinance to enforce an award on an arbitration agreement, (L.N. 363 of
1990; 2 of 2000 s. 15) in the same manner as a judgment or order may be made ex parte but the Court hearing the application may direct a summons to be issued.
(a) exhibiting
(HK)(i) where the application is under section 2C of the Arbitration Ordinance (Cap 341), the arbitration agreement and the original settlement agreement or, in either case, a copy thereof; (L.N. 363 of 1990)
(ii) where the application is under section 2GG of the Arbitration Ordinance (Cap 341), the arbitration agreement and the original award or, in either case, a copy thereof; (L.N. 363 of 1990; 2 of 2000 s. 15)
(iii) where the application is under section 40B(1) or 42(1) of the Arbitration Ordinance (Cap 341), the documents required to be produced by section 40D or 43, as the case may be, of that Ordinance, (2 of 2000 s. 15)
(HK) 10A. Other provisions as to applications
to set aside an order made under
rule 10 (O. 73, r. 10A)
(HK) Where a debtor has applied to set aside an order made under rule 10, the Court may, either of its own motion or on an application made by the creditor, and if, having regard to all the circumstances of the case it thinks it just to do so, impose such terms, as to giving security or otherwise, as a condition of the further conduct of the application, as it thinks fit.
(L.N. 167 of 1994)
11. Payments into court (O. 73, r. 11)
(HK)(1) In any arbitration proceedings any party to the reference may at any time pay into court a sum of money in satisfaction of any claim against him under the reference.
(HK)(1) Where money is paid into court under rule 11, then, subject to paragraph (2), within 14 days after the receipt of the notice of payment or, where more than one payment has been made or the notice has been amended, within 14 days after receipt of the notice of the last payment or the amended notice but, in any case, before the hearing of the arbitration proceedings begins, a party to the arbitration proceedings may
by giving notice in Form No. 101 in Appendix A to all other parties to the arbitration proceedings.
14. Order for payment out of money accepted required (O. 73, r. 14)
(HK)(1) Where a party to arbitration proceedings accepts any sum paid into court and that sum was paid into court by some but not all of the other parties to the arbitration proceedings the money in court shall not be paid out except under paragraph (2) or in pursuance of an order of the Court, and the order shall deal with the whole costs of the arbitration proceedings or the matter in dispute to which the payment relates, as the case may be.
(HK) Except in arbitration proceedings in which all further proceedings are stayed after the hearing has begun by virtue of rule 13(4), the fact that money has been paid into court under the foregoing provisions of this Order shall not be communicated to the arbitrator until he has published his award, whereupon the arbitrator may amend his award by adding thereto such directions as he may think proper with respect to the payment of the costs of the reference.
18. Investment of money in court (O. 73, r. 18)
(HK) Cash under the control of or subject to the order of the Court may be invested in any manner specified in the High Court Suitors' Funds Rules (Cap 4 sub. leg.) and the Trustee Ordinance (Cap 29).
(25 of 1998 s. 2) (Enacted 1988) | |||||
---|---|---|---|---|---|
Order: | 74 | (Repealed L.N. 343 of 1989) | 25 of 1998 | 01/07/1997 | |
Remarks: Adaptation amendments retroactively made - see 25 of 1998 s. 2 | |||||
Order: | 75 | (HK) ADMIRALTY PROCEEDINGS | L.N. 235 of | 2009 22/01/2010 | |
1. | Application and interpretation (O. 75, r. 1) |
under rule 14; "caveat book" (知會備忘登記冊) means the book kept in the Registry in which caveats issued under this Order are entered; "collision regulations" (碰撞規例) means the regulations made or deemed to be made under section 93 of the Merchant Shipping (Safety) Ordinance (Cap 369); "limitation action" (局限法律責任的訴訟) means an action by shipowners or other persons under the Merchant
Shipping Acts 1894 to 1984#, the Merchant Shipping (Liability and Compensation for Oil Pollution) Ordinance (Cap 414), the Merchant Shipping (Limitation of Shipowners Liability) Ordinance (Cap 434) or the Bunker Oil Pollution (Liability and Compensation) Ordinance (Cap 605) for the limitation of the amount of their liability in connection with a ship or other property; (L.N. 363 of 1990; 14 of 2009 s. 35)
"ship" (船舶) includes any description of vessel used in navigation.
2A. Proceedings against, or concerning, the International Oil Pollution Compensation Fund (O. 75, r. 2A)
at, the Registry. (L.N. 363 of 1990)
3. Issue of writ and acknowledgment of service (O. 75, r. 3)
4. Service of writ out of jurisdiction (O. 75, r. 4)
5. Warrant of arrest (O. 75, r. 5)
foreign ship belonging to a port of a State having a consulate in Hong Kong, being an action for possession of the ship or for wages, until notice that the action has been begun has been sent to the consul.
6. Caveat against arrest (O. 75, r. 6)
(1) A person who desires to prevent the arrest of any property must file in the Registry a praecipe, in Form No. 5 in Appendix B, signed by him or his solicitor undertaking
sum not exceeding an amount specified in the praecipe or to pay the amount so specified into court, and on the filing of the praecipe a caveat against the issue of a warrant to arrest the property described in the praecipe shall be entered in the caveat book.
(2) The fact that there is a caveat against arrest in force shall not prevent the issue of a warrant to arrest the property to which the caveat relates.
and thereupon the bailiff or his substitute shall serve the writ on the property described in the praecipe.
(3A) Where a writ is served on any property by the bailiff or his substitute the person effecting service must indorse on the writ the following particulars, that is to say, where it was served, the property on which it was served, the day of the week and the date on which it was served, the manner in which it was served and the name and the address of the person effecting service, and the indorsement shall be evidence of the facts stated therein.
11. Service on ships, etc.: how effected (O. 75, r. 11)
12. Applications with respect to property under arrest (O. 75, r. 12)
13. Release of property under arrest (O. 75, r. 13)
14. Caveat against release etc. (O. 75, r. 14)
15. Duration of caveats (O. 75, r. 15)
16. Bail (O. 75, r. 16)
17. Interveners (O. 75, r. 17)
18. Preliminary acts (O. 75, r. 18)
Part One
(iii) the date and time (including the time zone) of the collision;
(vii) the state, direction and force of the tidal or other current;
(viii) the position, the course steered and speed through the water of the ship when the other ship was first seen or immediately before any measures were taken with reference to her presence, whichever was the earlier;
(xii) what other lights or shapes or combinations of lights or shapes (if any) of the other ship were subsequently seen before the collision, and when;
(xiii) what alterations (if any) were made to the course and speed of the ship after the earlier of the two times referred to in article (viii) up to the time of the collision, and when, and what measures (if any) other than alterations of course or speed, were taken to avoid the collision, and when;
(xiv)the heading of the ship, the parts of each ship which first came into contact and the approximate angle between the two ships at the moment of contact;
(xv) what sound signals (if any) were given, and when;
(xvi) what sound signals (if any) were heard from the other ship, and when.
Part Two
(iii) all allegations of negligence or other fault which the party filing the preliminary act makes;
(iv) the remedy or relief which the party filing the preliminary act claims.
(L.N. 404 of 1991)
19. Failure to lodge preliminary act: proceedings against party in default (O. 75, r. 19)
20. Special provisions as to pleadings in collision, etc. actions (O. 75, r. 20)
21. Judgment by default (O. 75, r. 21)
(1) Where a writ is served under rule 8(4) on a party at whose instance a caveat against arrest was issued, then if-
by him as aforesaid, the plaintiff may, after filing an affidavit verifying the facts on which the action is based, apply to the Court for judgment by default.
the writ, a copy of the statement of claim, the plaintiff may apply to the Court for judgment by default.
Where the writ is deemed to have been duly served on the defendant by virtue of Order 10, rule 1(4), or was served by the bailiff or his substitute under rule 8 of this Order, an affidavit proving due service of the writ need not be filed under this paragraph, but the writ indorsed as mentioned in the said rule 1(4) or indorsed as mentioned in rule 8(3A) must be lodged with the affidavit verifying the facts on which the action is based.
22. Order for sale of ship: determination of priority of claims (O. 75, r. 22)
23. Appraisement and sale of property (O. 75, r. 23)
24. Payment into and out of court (O. 75, r. 24)
25. Case management summons (O. 75, r. 25)
(L.N. 152 of 2008)
(1) Order 25 shall apply to Admiralty actions (other than limitation actions) as it applies to other actions, except that-
person. On or before the day on which any party serves on any other party a notice under Order 75, rule 7, he must lodge 2 copies of the notice in the Registry.
(L.N. 152 of 2008)
26. Fixing date for trial, etc. (O. 75, r. 26)
27. Stay of proceedings in collision, etc. actions until security given (O. 75, r. 27)
Where an action in rem, being an action to enforce any such claim as is referred to in rule 2(l)(a), is begun and a cross action in rem arising out of the same collision or other occurrence as the first mentioned action is subsequently begun, or a counterclaim arising out of that occurrence is made in the first mentioned action, then-
the Court may stay proceedings in the first mentioned action until security is given to satisfy any judgment given in favour of that party.
28. Inspection of ship, etc. (O. 75, r. 28)
Without prejudice to its powers under Order 29, rules 2 and 3, and Order 35, rule 8, the Court may, on the application of any party, make an order for the inspection by the assessors (if the action is tried with assessors), or by any party or witness, of any ship or other property, whether real or personal, the inspection of which may be necessary or desirable for the purpose of obtaining full information or evidence in connection with any issue in the action.
30. Examination of witnesses and other persons
(O. 75, r. 30)
33. Proceedings for apportionment of salvage (O. 75, r. 33)
34. Notice of motion in actions in rem (O. 75, r. 34)
(1) The affidavits, if any, in support of a motion in an action in rem must be filed in the Registry before the notice of motion is issued, unless the Court gives leave to the contrary.
(2) A notice of motion, except a motion for judgment in default, must be served on all caveators together with copies of the affidavits, if any, in support of the motion 2 clear days at least before the hearing, unless the Court gives leave to the contrary.
35. Agreement between solicitors may be made order of court (O. 75, r. 35)
(1) Any agreement in writing between the solicitors of the parties to a cause or matter, dated and signed by those solicitors, may, if the Registrar thinks it reasonable and such as the judge would under the circumstances allow, be filed in the Registry, and the agreement shall thereupon become an order of court and have the same effect as if such order had been made by the judge in person.
37. Limitation action: parties (O. 75, r. 37)
other relation to, a ship or other property, he may be so described as defendant in the writ and, if so described, shall be deemed for the purposes of the rules aforesaid to have been named in the writ by his name.
38. Limitation action: summons for decree or directions (O. 75, r. 38)
39. Limitation action: proceedings under decree (O. 75, r. 39)
40. Limitation action: proceedings to set aside decree (O. 75, r. 40)
41. References to Registrar (O. 75, r. 41)
are disputed; and, unless the reference is in a limitation action, he must at the same time serve on every other party a copy of every document filed under this paragraph.
(7) If the claimant fails to comply with paragraph (1) or (6)(b), the Court may, on the application of any other party to the cause or matter, dismiss the claim.
42. Hearing of reference (O. 75, r. 42)
43. Objection to decision on reference (O. 75, r. 43)
any statement of the grounds of that decision filed under rule 42 shall be deemed to have been made or given in court. (Enacted 1988)
Note:
# Please also see following-
Order: | 76 | CONTENTIOUS PROBATE PROCEEDINGS | L.N. 152 of 2008; L.N. 18 of 2009 | 02/04/2009 |
---|
1. Application and interpretation (O. 76, r. 1)
pronouncing for or against the validity of an alleged will, not being an action which is non-contentious or common form probate business.
issue of writ (O. 76, r. 2)
5. Affidavit of testamentary scripts (O. 76, r. 5)
a will made by or at the request or under the instructions of the testator and any document purporting to be evidence of the contents, or to be a copy, of a will which is alleged to have been lost or destroyed.
6. Failure to acknowledge service (O. 76, r. 6)
9. Contents of pleadings (O. 76, r. 9)
10. Default of pleadings (O. 76, r. 10)
11. Discontinuance and dismissal (O. 76, r. 11)
(L.N. 152 of 2008)
14. Administration pendente lite (O. 76, r. 14)
15. Probate counterclaim in other proceedings (O. 76, r. 15)
(Enacted 1988)
Order: | 77 | PROCEEDINGS BY AND AGAINST THE CROWN | L.N. 152 of 2008; L.N. 18 of 2009 | 02/04/2009 |
---|
Expanded Cross Reference:
45, 46, 47, 48, 49, 49B, 50, 51, 52
1. Application and interpretation (O. 77, r. 1)
"civil proceedings by the Crown" (由官方提出的民事法律程序) and "civil proceedings against the Crown" (針對官方提出的民事法律程序) have the same respective meanings as in Part III of the Crown Proceedings Ordinance (Cap 300), and do not include any of the proceedings specified in section 19(3) of that Ordinance;
"civil proceedings to which the Crown is a party" (以官方作為一方的民事法律程序) has the same meaning as it has for the purposes of Part V of the Crown Proceedings Ordinance (Cap 300), by virtue of section 2(4) of that Ordinance; "order against the Crown" (針對官方的命令) means any order (including an order for costs) made in any civil proceedings by or against the Crown, or in connection with any arbitration to which the Crown is a party, in favour of any person against the Crown or against a government department or against an officer of the Crown as such; "order" (命令) includes a judgment, decree, rule, award or declaration.
3. Particulars to be included in indorsement of claim (O. 77, r. 3)
4. Service on the Crown (O. 77, r. 4)
6. Counterclaim and set-off (O. 77, r. 6)
7. Summary judgment (O. 77, r. 7)
9. Judgment in default (O. 77, r. 9)
10. Third party notices (O. 77, r. 10)
14. Evidence (O. 77, r. 14)
15. Execution and satisfaction of orders (O. 77, r. 15)
16. Attachment of debts, etc. (O. 77, r. 16)
Crown and at least 7 days before the return day.
(2A) An application under paragraph (2) must be supported by an affidavit-
(3) Order 49, rules 5 and 6, shall apply in relation to such an application as is mentioned in paragraph (2) for an order restraining a person from receiving money payable to him by the Crown as those rules apply to an application under Order 49, rule 1, for an order for the attachment of a debt owing to any person from a garnishee, except that the Court shall not have power to order execution to issue against the Crown.
17. Proceedings relating to postal packets (O. 77, r. 17)
18. Applications under section 25 of Crown Proceedings Ordinance (O. 77, r. 18)
(2) An application such as is referred to in section 25(2) of the Crown Proceedings Ordinance (Cap 300) may be made to the Court at any time before trial by summons, or may be made at the trial of the proceedings.
(L.N. 152 of 2008) (Enacted 1988)
Order: | 78 | DISTRICT COURT PROCEEDINGS TRANSFERRED OR REMOVED TO COURT OF FIRST INSTANCE | L.N. 152 of 2008; L.N. 18 of 2009 | 02/04/2009 |
---|
DISTRICT COURT PROCEEDINGS TRANSFERRED OR REMOVED TO COURT OF FIRST INSTANCE (25 of 1998 s. 2)
1. Application and interpretation (O. 78, r. 1)
(L.N. 152 of 2008)
2. Duties of officer (O. 78, r. 2)
On receipt by the Registrar of the documents relating to the transfer or removal, the Registrar must forthwith-
(L.N. 356 of 1988; L.N. 152 of 2008)
(25 of 1998 s. 2)
3. Acknowledgment of service (O. 78, r. 3)
4. Judgment on failure to give notice of intention to defend (O. 78, r. 4)
(L.N. 152 of 2008)
5. Case management summons or summary judgment (O. 78, r. 5)
(L.N. 152 of 2008)
(1) Unless the plaintiff has entered judgment against a defendant under rule 4(1) or has entered judgment (final or interlocutory) or applied for judgment against a defendant under Order 19, the plaintiff must, within 7 days after a notice under rule 2 is given, cause an address for service to be entered in the cause book and either- (L.N. 152 of 2008)
against the defendant; and where a summons is served on the defendant under sub-paragraph (a) Order 25, rules 2 to 7, shall, with any necessary modifications, apply as if that summons were a case management summons under that Order.
(L.N. 152 of 2008) (Enacted 1988)
Remarks:
Adaptation amendments retroactively made - see 25 of 1998 s. 2
TRIBUNAL PROCEEDINGS TRANSFER OR REMOVAL TO THE COURT OF FIRST INSTANCE (25 of 1998 s. 2)
1. Tribunal proceedings; transfer or removal to the Court of First Instance (O. 79, r. 1)
(HK) Save as is otherwise provided by Ordinance or rules of court when a matter is transferred or removed from a tribunal to the Court of First Instance it shall be set down before a master who shall make such directions as he sees fit for the further conduct of the proceedings.
(Enacted 1988. 25 of 1998 s. 2)
Order: | 80 | DISABILITY | L.N. 152 of 2008; L.N. 18 of 2009 | 02/04/2009 |
---|
1. Interpretation (O. 80, r. 1)
In this Order-
"mentally incapacitated person" (精神上無行為能力的人) means a mentally disordered person or a mentally handicapped person (within the meaning of the Mental Health Ordinance (Cap 136)) who, by reason of mental disorder or mental handicap, as the case may be, is incapable of managing and administering his property and affairs; (81 of 1997 s. 59)
"the Ordinance" (條例) means the Mental Health Ordinance (Cap 136); "person under disability" (無行為能力的人) means a person who is a minor or a mentally incapacitated person. (81 of 1997 s. 59) (81 of 1997 s. 59)
2. Person under disability must sue, etc. by next friend or guardian ad litem (O. 80, r. 2)
3. Appointment of next friend or guardian ad litem (O. 80, r. 3)
petition, summons or motion which, or notice of which, has been served on him, unless and until the documents listed in paragraph (8) have been filed in the Registry.
(8) The documents referred to in paragraph (6) are the following
(iii) except where the person named in the certificate as next friend or guardian ad litem, as the case may be, is the Official Solicitor, that the person so named has no interest in the cause or matter in question adverse to that of the person under disability. (L.N. 375 of 1991; 81 of 1997 s. 59)
6. Appointment of guardian where person under disability does not acknowledge service (O. 80, r. 6)
(1) Where
already a party to the action, and no acknowledgment of service is given for that person, an application for the appointment by the Court of a guardian ad litem of that person must be made by the plaintiff or defendant, as the case may be, after the time limited (as respects that person) for acknowledging service and before proceeding further with the action or counterclaim.
under disability.
(7) An application for the appointment of a guardian ad litem made in compliance with a direction of the Court given under paragraph (3) must be supported by evidence proving the matters referred to in paragraph (5)(b).
7. Application to discharge or vary certain orders (O. 80, r. 7)
An application to the Court on behalf of a person under disability served with an order made ex parte under Order 15, rule 7, for the discharge or variation of the order must be made-
12. Control of money recovered by person under disability (O. 80, r. 12)
13. Provisions supplementary to rule 12 (O. 80, r. 13)
(HK)(3) Where money is ordered to be transferred to or paid into a District Court, the Registrar shall send a sealed copy of the judgment or order to the Registrar of the District Court.
15. Proceedings under Fatal Accidents Ordinance: apportionment by Court (O. 80, r. 15)
The reference in this paragraph to a sum of money paid into court shall be construed as including a reference to part of a sum so paid, being the part apportioned by the Court under paragraph (1) to the cause of action under the said Ordinances.
(L.N. 152 of 2008)
16. Service of certain documents on person under disability (O. 80, r. 16)
and must be served in the manner required by these rules with respect to the document in question. (81 of 1997 s. 59)
This paragraph shall not apply to an order for interrogatories or for discovery or inspection of documents. (Enacted 1988)
Remarks:
Adaptation amendments retroactively made - see 25 of 1998 s. 2
3. Service of writ (O. 81, r. 3)
(1) Where by virtue of rule 1 partners are sued in the name of a firm, the writ may, except in the case mentioned in paragraph (3), be served-
the principal place of business of the partnership within the jurisdiction; (L.N. 165 of 1992) and, subject to paragraph (2), where service of the writ is effected in accordance with this paragraph, the writ shall be deemed to have been duly served on the firm, whether or not any member of the firm is out of the jurisdiction.
(2) Where a writ is served on a firm in accordance with paragraph (1)(c)-
addressee.
4. Acknowledgment of service in an action against firm (O. 81, r. 4)
5. Enforcing judgment or order against firm (O. 81, r. 5)
and, except as provided by paragraph (1) and by the foregoing provisions of this paragraph, a judgment or order given or made against a firm shall not render liable, release or otherwise affect a member of the firm who was out of the jurisdiction when the writ was issued.
6. Enforcing judgment or order in actions between partners, etc. (O. 81, r. 6)
(1) Execution to enforce a judgment or order given or made in-
have one or more members in common, shall not issue except with the leave of the Court.
(2) The Court hearing an application under this rule may give such directions, including directions as to the taking of accounts and the making of inquiries, as may be just.
7. Attachment of debts owed by firm (O. 81, r. 7)
have been served on all the partners of the partnership. (Enacted 1988)
Order: | 82 | DEFAMATION ACTIONS | L.N. 152 of 2008; L.N. 18 of 2009 | 02/04/2009 |
---|
4. Provisions as to payment into court (O. 82, r. 4)
5. Statement in open court (O. 82, r. 5)
(L.N. 404 of 1991)
Order: | 83A | MONEY LENDERS' ACTIONS | L.N. 152 of 2008; L.N. 18 of 2009 | 02/04/2009 |
---|
(HK) ORDER 83A MONEY LENDERS' ACTIONS
1. Application and interpretation (O. 83A, r. 1)
"money lender" (放債人) has the meaning assigned to it by section 2 of the Money Lenders Ordinance (Cap 163); "money lender's action" (放債人訴訟) means an action for the recovery of money lent by a money lender or for the enforcement of any agreement or security relating to money so lent, being an action brought by the lender or an assignee.
2. Commencement of money lender's action (O. 83A, r. 2)
3. Particulars to be included in statement of claim (O. 83A, r. 3)
Every statement of claim in a money lender's action (whether indorsed on the writ or not) must state
4. Judgment on failure to give notice of intention to defend or in default of defence (O. 83A, r. 4)
5. (Repealed L.N. 129 of 2000) (Enacted 1988)
Remarks:
Adaptation amendments retroactively made - see 25 of 1998 s. 2
(HK) ORDER 84A
ACTIONS ARISING OUT OF HIRE-PURCHASE OR
CONDITIONAL SALE AGREEMENTS
1. Application and interpretation (O. 84A, r. 1)
"hire-purchase agreement" (租購協議) means an agreement for the bailment of goods under which the bailee may buy the goods, or under which the property in the goods will or may pass to the bailee;
"conditional sale agreement" (有條件售賣協議) means an agreement for the sale of goods under which the purchase price or part of it is payable by instalments, and the property in the goods is to remain in the seller (notwithstanding that the buyer is to be in possession of the goods) until such conditions as to the payment of instalments or otherwise as may be specified in the agreement are fulfilled;
"contract of guarantee" (擔保合約), in relation to a hire-purchase agreement, credit-sale agreement or conditional sale agreement, means a contract, made at the request (express or implied) of the hirer or buyer, either to guarantee the performance of the hirer's or buyer's obligations under the
hire-purchase agreement, credit-sale agreement or conditional sale agreement, or to indemnify the owner or seller against any loss which he may incur in respect of that agreement, and "guarantee" (擔保) shall be considered accordingly;
"buyer" (買方) in relation to a conditional sale agreement, means the person who agrees to purchase goods under the agreement and includes a person to whom the rights or liabilities of that person under the agreement have passed by assignment or by operation of law;
"hire-purchase price" (租購價) (subject to sub-paragraph (b)) means the total sum payable by the hirer under a hire-purchase agreement in order to complete the purchase of goods to which the agreement relates, exclusive of any sum payable as a penalty or as compensation or damages for
a breach of the agreement;
"total purchase price" (總買價) (subject to sub-paragraph (b)) means the total sum payable by the buyer under a credit-sale agreement or a conditional sale agreement, exclusive of any sum payable as a penalty or as compensation or damages for a breach of the agreement;
"hirer" (租用人) means the person who takes or has taken goods from an owner under a hire-purchase agreement and includes a person to whom the hirer's rights or liabilities under the agreement have passed by assignment or by operation of law; and
"goods" (貨品), "buyer" (買方) (except in relation to a conditional sale agreement) have the meanings assigned to them respectively by the Sale of Goods Ordinance (Cap 26).
(b) For the purposes of this Order, any sum payable by the hirer under a hire-purchase agreement, or by the buyer under a conditional sale agreement, by way of a deposit or other initial payment, or credited or to be credited to him under the agreement on account of any such deposit or payment, whether that sum is to be or has been paid to the owner or seller or to any other person or is to be or has been discharged by a payment of money or by the transfer or delivery of goods or by any other means, shall form part of the hire-purchase price or total purchase price, as the case may be.
(Enacted 1988)
Remarks:
Adaptation amendments retroactively made - see 25 of 1998 s. 2
3. Parties (O. 85, r. 3)
relates and include therein an order that no proceedings are to be taken under the judgment or order, or under any particular account or inquiry directed, without the leave of the judge in person.
6. Conduct of sale of trust property (O. 85, r. 6)
Where in an administration action an order is made for the sale of any property vested in executors, administrators or trustees, those executors, administrators or trustees, as the case may be, shall have the conduct of the sale unless the Court otherwise directs.
(Enacted 1988)
Order: | 86 | ACTIONS FOR SPECIFIC PERFORMANCE, ETC.: SUMMARY JUDGMENT | L.N. 152 of 2008; L.N. 18 of 2009 | 02/04/2009 |
---|
1. Application by plaintiff for summary judgment (O. 86, r. 1)
2. Manner in which application under rule 1 must be made (O. 86, r. 2)
(1) An application under rule 1 shall be made by summons supported by an affidavit verifying the facts on which the cause of action is based and stating that in the deponent's belief there is no defence to the action.
Unless the Court otherwise directs, an affidavit for the purposes of this paragraph may contain statements of information or belief with the sources and grounds thereof.
3. Judgment for plaintiff (O. 86, r. 3)
4. Leave to defend (O. 86, r. 4)
purporting to act in any such capacity-
5. Directions (O. 86, r. 5)
Where the Court orders that a defendant have leave to defend the action, the Court shall give directions as to the further conduct of the action, and Order 25, rules 2 to 7, shall, with the omission of so much of rule 7(1) as requires parties to serve a notice specifying the orders and directions which they require and with any other necessary modifications, apply as if the application under rule 1 were a case management summons.
(L.N. 152 of 2008)
(L.N. 356 of 1988)
9. (HK) Right to proceed with residue of action or counterclaim (O. 86, r. 9)
(L.N. 356 of 1988) (Enacted 1988)
Order: | 87 | DEBENTURE HOLDERS' ACTIONS: RECEIVER'S REGISTER | 25 of 1998 | 01/07/1997 |
---|
Remarks:
Adaptation amendments retroactively made - see 25 of 1998 s. 2
3. Application for rectification of receiver's register (O. 87, r. 3)
6. Requirements in connection with payments (O. 87, r. 6)
(Enacted 1988)
Order: | 88 | MORTGAGE ACTIONS | L.N. 152 of 2008; L.N. 18 of 2009 | 02/04/2009 |
---|
1. Application and interpretation (O. 88, r. 1)
4. Claim for possession: failure by a defendant to acknowledge service (O. 88, r. 4)
The certificate may be indorsed on the affidavit in support of the summons or, as the case may be, on any further affidavit intended to be used at an adjourned hearing.
5. Action for possession or payment: evidence (O. 88, r. 5)
5A. Action for the enforcement of charging order by sale (O. 88, r. 5A)
6. Action by writ: judgment in default (O. 88, r. 6)
7. Foreclosure in redemption action (O. 88, r. 7)
Where foreclosure has taken place by reason of the failure of the plaintiff in a mortgage action for redemption to redeem, the defendant in whose favour the foreclosure has taken place may apply by summons for an order for delivery to him of possession of the mortgaged property, and the Court may make such order thereon as it thinks fit.
(L.N. 152 of 2008) (Enacted 1988)
Order: | 89 | PROCEEDINGS BETWEEN HUSBAND AND WIFE | L.N. 152 of 2008; L.N. 18 of 2009 | 02/04/2009 |
---|
1. Determination of questions as to property (O. 89, r. 1)
(HK)(1) Proceedings under section 6 of the Married Persons Status Ordinance (Cap 182) may be begun by originating summons.
(L.N. 152 of 2008)
Cap 4A - THE RULES OF THE HIGH COURT
2. Provisions as to actions in tort (O. 89, r. 2)
shall not be issued before the time limited for acknowledging service of the writ. (Enacted 1988)
Order: | 90 | PROCEEDINGS CONCERNING MINORS | L.N. 152 of 2008; L.N. 18 of 2009 | 02/04/2009 |
---|
3. Application to make a minor a ward of court (O. 90, r. 3)
(3A) The date of the minor's birth shall, unless otherwise directed, be stated in the summons and the plaintiff shall-
(3B) The name of each party to the proceedings shall be qualified by a brief description in the body of the summons, of his interest in, or relationship to, the minor.
3A. Enforcement of order by bailiff (O. 90, r. 3A)
The power of the Court of First Instance to secure, through an officer attending upon the Court, compliance with any direction relating to a ward of court may be exercised by an order addressed to the bailiff. (25 of 1998 s. 2)
4. When minor ceases to be ward of court (O. 90, r. 4)
4B. Hearing of an application to make a minor a ward of Court (O. 90, r. 4B)
(HK) An application to make a minor a ward of court may be disposed of in chambers and shall be heard by a judge.
5. Applications under the Guardianship of Minors Ordinance (O. 90, r. 5)
Where there is pending any action or other proceeding by reason of which a minor is a ward of court, any application under the Guardianship of Minors Ordinance (Cap 13) with respect to that minor may be made by summons in the proceedings; and in any other case any such application may be made by originating summons.
(L.N. 152 of 2008)
6. Defendants to summons (O. 90, r. 6)
7. Hearing of applications as to guardianship, maintenance, etc. (O. 90, r. 7)
8. Verification and passing of guardians accounts (O. 90, r. 8)
(HK) A guardian's account must be verified and passed in the same manner as that provided by Order 30 in relation to a receiver's account or in such other manner as the Court may direct.
10. Removal of guardianship proceedings from the District Court (O. 90, r. 10)
11. Application of Matrimonial Causes Rules (O. 90, r. 11)
of orders shall apply to proceedings under this Order as if they were proceedings under those rules. (Enacted 1988)
Order: | 92 | LODGMENT, INVESTMENT, ETC. OF FUNDS IN COURT | L.N. 152 of 2008; L.N. 18 of 2009 | 02/04/2009 |
---|
2. Payment into court under the Trustee Ordinance (O. 92, r. 2)
6. Application under Variation of Trusts Ordinance (O. 93, r. 6)
(2) In addition to any other persons who are necessary and proper defendants to the originating summons by which an application under section 3 of the Variation of Trusts Ordinance (Cap 253), is made, the settlor and any other person who provided property for the purposes of the trusts to which the application relates must, if still alive and not the plaintiff, be made a defendant unless the Court for some special reason otherwise directs.
14. (Repealed 23 of 2002 s. 126) (Enacted 1988)
Remarks:
Adaptation amendments retroactively made - see 25 of 1998 s. 2
1. Rectification of register (O. 95, r. 1)
(1) Every application to the Court under section 20 of the Bills of Sale Ordinance (Cap 20) for an order-
the insertion in the register of his true name, residence or occupation, must be made by affidavit ex parte to a master.
(2) Every application for such an order as is described in paragraph (1) shall be supported by an affidavit setting out particulars of the bill of sale and of the omission or mis-statement in question and stating the grounds on which the application is made.
2. Entry of satisfaction (O. 95, r. 2)
The Registrar shall, on a request in writing giving sufficient particulars, and on payment of the prescribed fee, cause a search to be made in the register of bills of sale and issue a certificate of the result of the search.
6. Assignment of book debts (O. 95, r. 6)
shall be filed and the particulars of the assignment and the parties to it, shall be entered in the register. (Enacted 1988)
Order: | 100 | THE TRADE MARKS ORDINANCE | L.N. 152 of 2008; L.N. 18 of 2009 | 02/04/2009 |
---|
2. Appeals and applications under the Trade Marks Ordinance (O. 100, r. 2)
(L.N. 152 of 2008)
3. Proceedings for infringement of registered trade mark: validity of registration disputed (O. 100, r. 3)
(Enacted 1988)
Order: | 102 | THE COMPANIES ORDINANCE | L.N. 152 of 2008; L.N. 18 of 2009 | 02/04/2009 |
---|
3-4. (Repealed L.N. 152 of 2008)
5. Applications to be made by petition (O. 102, r. 5)
(1) The following applications under the Ordinance must be made by petition, namely applications-
6. Entitlement of proceedings (O. 102, r. 6)
7. Case management summons (O. 102, r. 7)
(L.N. 152 of 2008)
fixing the date by reference to which the list is to be made; and the power of the Court under section 59(3) of the Ordinance to direct that section 59(2) thereof shall not apply as regards any class or classes of creditors may be exercised on any hearing of the summons.
(5) Rules 8 to 13 shall have effect subject to any directions given by the Court under this rule.
8. Inquiry as to debts: company to make list of creditors (O. 102, r. 8)
9. Inspection of list of creditors (O. 102, r. 9)
10. Notice to creditors (O. 102, r. 10)
Within 7 days after filing the affidavit required by rule 8 the company must send by post to each creditor named in the list exhibited to the affidavit, at his last known address, a notice stating-
11. Advertisement of petition and list of creditors
(O. 102, r. 11)
After filing the affidavit required by rule 8 the company must insert, in such newspapers and at such times as the Court directs, a notice stating-
12. Affidavit as to claims made by creditors
(O. 102, r. 12)
Within such time as the Court directs the company must file in the Registry an affidavit made by the company's solicitor and an officer of the company competent to make it
13. Adjudication of disputed claims (O. 102, r. 13)
If the company contends that a person is not entitled to be entered in the list of creditors in respect of any debt or claim or in respect of the full amount claimed by him in respect of any debt or claim, then, unless the company is willing to secure payment of that debt or claim by appropriating the full amount of the debt or claim, the company must, if the Court so directs, send to that person by post at his last known address a notice requiring him
14. Certifying lists of creditors entitled to object to reduction (O. 102, r. 14)
The list of creditors entitled to object to such reduction as is mentioned in rule 7(4), as settled by the Court under section 59(2) of the Ordinance shall be certified and filed by the Registrar and his certificate shall-
17. Restriction on taking effect of order under section 50 (O. 102, r. 17)
Unless the Court otherwise directs, an order under section 50 of the Ordinance sanctioning the issue of shares at a discount shall direct that an office copy of the order be delivered to the Registrar of Companies within 10 days after the making of the order or such extended time as the Court may allow and that the order shall not take effect until such copy has been so delivered.
(Enacted 1988)
Order: | 103 | THE REGISTRATION OF PATENTS ORDINANCE: THE PATENTS ACTS 1949 TO 1961 AND 1977 | L.N. 152 of 2008; L.N. 18 of 2009 | 02/04/2009 |
---|
1. Definitions (O. 103, r. 1)
In this Order-"existing patent" (現存的專利) means a patent mentioned in section 127(2)(a) or (c) of the Act; "the Act" (法令) means the Patents Act 1977; (1977 c. 37 U.K.); "the Ordinance" (條例) means the Registration of Patents Ordinance (Cap 42).
19. Actions for infringement: particulars of pleading (O. 103, r. 19)
the particulars must state the fact and identify each such claim and must include particulars of each such example, specifying the respects in which it is alleged that it does not work or does not work as described.
25. Proceedings for infringement: admissions must be requested (O. 103, r. 25)
26. Proceedings for infringement: case management summons (O. 103, r. 26)
(L.N. 152 of 2008)
(1) In such an action, and in such proceedings, as are referred to in rule 25(1), the plaintiff or petitioner must
after service of a reply or answer or after the expiration of the period fixed for service thereof, take out a case management summons as to the place and mode of trial returnable in not less than 21 days, and if the plaintiff or petitioner does not take out such a summons in accordance with this paragraph, the defendant or respondent, as the case may be, may do so. (L.N. 152 of 2008)
The summons may be heard in chambers or in court as the Court thinks fit.
(2) The Court hearing a summons under this rule may give such directions-
construction of the specification or other documents), and otherwise as the Court thinks necessary or expedient for the purpose of defining and limiting the issues to be tried, restricting the number of witnesses to be called at the trial of any particular issue and otherwise securing that the case shall be disposed of, consistently with adequate hearing, in the most expeditious manner.
Where evidence is directed to be given by affidavit, the deponents must attend at the trial for cross-examination unless, with the concurrence of the Court, the parties otherwise agree.
27. Appointment of scientific adviser (O. 103, r. 27)
29. Application for rectification of register of patents in Hong Kong (O. 103, r. 29)
An application to the Court for an order that the register of patents be rectified must be made by originating summons, except where it is made by way of counterclaim in proceedings for infringement or by originating summons in proceedings for an order under section 52 of the Trustee Ordinance (Cap 29).
(L.N. 152 of 2008) (Enacted 1988)
1. Definitions (O. 106, r. 1)
In this Order-
"the Ordinance" (條例) means the Legal Practitioners Ordinance (Cap 159);
"appeal" (上訴) means an appeal against any order made by the disciplinary tribunal on an application or complaint under the Ordinance; (L.N. 275 of 1998)
"disciplinary tribunal" (紀律審裁組) means the Solicitors Disciplinary Tribunal constituted in accordance with section 9B of the Ordinance; (L.N. 275 of 1998)
"Society" (律師會) means The Law Society of Hong Kong.
(L.N. 275 of 1998)
2. Jurisdiction under Part VI of the Ordinance exercisable by judge in chambers, etc. (O. 106, r. 2)
3. Power to order solicitor to deliver cash account, etc. (O. 106, r. 3)
5. Form of originating summons (O. 106, r. 5)
An originating summons by which an application under the Ordinance, or any application for an order under rule 3, is made shall be in Form No. 10 in Appendix A.
10. Service of documents (O. 106, r. 10)
(O. 106, r. 12)
(L.N. 275 of 1998)
(4) (Repealed L.N. 275 of 1998)
13. Society to produce certain documents
(O. 106, r. 13)
(1) Within 7 days after being served with notice of the originating motion by which an appeal is brought the Society must lodge in the Registry 3 copies of each of the following documents
14. Restriction on requiring security for costs (O. 106, r. 14)
No person other than an appellant who was the applicant in the proceedings before the disciplinary tribunal or, in the case of an application to that tribunal by a solicitor to procure his name to be removed from the roll, was an objector, shall be ordered to give security for the costs of an appeal.
(L.N. 275 of 1998)
15. Disciplinary tribunal's opinion may be required (O. 106, r. 15)
The Court may direct the disciplinary tribunal to furnish the Court with a written statement of their opinion on the case which is the subject-matter of an appeal or on any question arising therein, and where such a direction is given, the clerk to the disciplinary tribunal must as soon as may be lodge 3 copies of such statement in the Registry and at the same time send a copy to each of the parties to the appeal.
(L.N. 275 of 1998)
16. Persons entitled to be heard on appeal
(O. 106, r. 16)
A person who has not been served with notice of the originating motion by which an appeal is brought but who desires to be heard in opposition to the appeal shall, if he appears to the Court to be a proper person to be so heard, be entitled to be so heard.
17. Discontinuance of appeal (O. 106, r. 17)
(Enacted 1988)
Remarks:
Adaptation amendments retroactively made - see 25 of 1998 s. 2
1. Where a person claims possession of land which he alleges is occupied solely by a person or persons (not being a tenant or tenants holding over after the termination of the tenancy) who entered into or remained in occupation without his licence or consent or that of any predecessor in title of his, the proceedings may be brought by originating summons in accordance with the provisions of this Order.
1A. Jurisdiction of masters (O. 113, r. 1A)
Proceedings under this Order may be heard and determined by a master, who may refer them to a judge if he thinks they should properly be decided by the judge.
(L.N. 404 of 1991)
The plaintiff shall file in support of the originating summons an affidavit stating
4. Service of originating summons (O. 113, r. 4)
(2A) Every copy of an originating summons for service under paragraph (1) or (2) shall be sealed with the seal of the High Court. (25 of 1998 s. 2)
(3) Order 28, rule 3, shall not apply to proceedings under this Order.
7. Writ of possession (O. 113, r. 7)
(1) Order 45, rule 3(2), shall not apply in relation to an order for possession under this Order but no writ of possession to enforce such an order shall be issued after the expiry of 3 months from the date of the order without the leave of the Court.
An application for leave may be made ex parte unless the Court otherwise directs.
(2) The writ of possession shall be in Form No. 66A in Appendix A.
8. Setting aside order (O. 113, r. 8)
The judge may, on such terms as he thinks just, set aside or vary any order made in proceedings under this Order. (Enacted 1988)
Remarks:
Adaptation amendments retroactively made - see 25 of 1998 s. 2
1. Appointment of commissioners for oaths (O. 114, r. 1)
(HK)(1) The Chief Justice may, by a commission signed by him, appoint fit and proper persons to be commissioners to administer oaths and take declarations, affirmations, and attestations of honour, and may revoke any such appointment.
(1A) The power of appointment under paragraph (1) may, by a notice in writing signed by the Chief Justice, be delegated to the Registrar. (L.N. 167 of 1994)
(2) Every person so appointed shall be styled a commissioner for oaths and shall have all the powers and discharge all the duties which now belong to the office of a commissioner to administer oaths.
2. Officers of the court to administer oaths (O. 114, r. 2)
(HK) Every person who, being an officer of or performing duties in relation to the Court, is for the time being so authorized by the Court or by or in pursuance of any rules or orders regulating the procedure of the Court, and every person directed to take an examination in any cause or matter in the Court, shall have authority to administer any oath or take any affidavit required for any purpose connected with his duties.
(Enacted 1988)
Order: | 115 | DRUG TRAFFICKING (RECOVERY OF PROCEEDS) ORDINANCE (CAP 405) | L.N. 152 of 2008; L.N. 18 of 2009 | 02/04/2009 |
---|
1. Interpretation (O. 115, r. 1)
Subject to Order 32, rule 18, and to rule 12, the jurisdiction of the Court under the Ordinance shall be exercised by a judge of the Court in chambers notwithstanding that the originating process is an originating summons.
(L.N. 296 of 1996; L.N. 152 of 2008)
2A. Application for confiscation order where person has died or absconded (O. 115, r. 2A)
(1) An application for a confiscation order under section 3 where the defendant has died or absconded shall be made by the Secretary for Justice. (L.N. 152 of 2008)
(2) An application under paragraph (1) may be made by originating summons in Form No. 10 in Appendix A.
(L.N. 152 of 2008) (89 of 1995 s. 30; L.N. 296 of 1996; L.N. 362 of 1997)
3. Application for restraint order or charging order (O. 115, r. 3)
(1) An application for a restraint order under section 10 or for a charging order under section 11 (to either of which may be joined an application for the appointment of a receiver) shall be made by the Secretary for Justice ex parte. (L.N. 296 of 1996; L.N. 362 of 1997; L.N. 152 of 2008)
(1A) An application under paragraph (1) may be made by originating summons in Form No. 10 in Appendix A.
(L.N. 152 of 2008)
4. Restraint order and charging order (O. 115, r. 4)
(L.N. 362 of 1997)
5. Discharge or variation of order (O. 115, r. 5)
6. Further application by Secretary for Justice (O. 115, r. 6)
7. Realisation of property (O. 115, r. 7)
(1) An application under section 12 must be made by the Secretary for Justice. (L.N. 152 of 2008)
(1A) The application may, where there have been proceedings against the defendant in the Court of First Instance, be made by summons and may otherwise be made by originating summons in Form No. 10 in Appendix A.
(L.N. 152 of 2008)
8. Receivers (O. 115, r. 8)
9. Variation of confiscation order (O. 115, r. 9)
10. Compensation (O. 115, r. 10)
An application for an order under section 27 shall be made by summons, which shall be served, with any supporting evidence, on the person alleged to be in default and on the Secretary for Justice not less than 7 days before the date fixed for the hearing of the summons.
(L.N. 362 of 1997)
11. Disclosure of information (O. 115, r. 11)
The powers conferred on the Court by section 29 may be exercised by a judge in chambers and a Master.
An application for registration of an external confiscation order under section 29(1) may be ex parte.
15. Evidence in support of application under section 29(1) (O. 115, r. 15)
An application for registration of an external confiscation order must be supported by an affidavit-
(iii) in the case of money, either that at the date of the application the sum payable under the order has not been paid or the amount which remains unpaid, as may be appropriate, or, in the case of other property, the property which has not been recovered; and
(iv) to the best of the deponent's knowledge, particulars of what property the person against whom, or in relation to whose property, the order was made holds in Hong Kong, giving the source of the deponent's knowledge. (89 of 1995 s. 30)
16. Register of orders (O. 115, r. 16)
17. Notice of registration (O. 115, r. 17)
(HK)(1) Where the Secretary for Justice or the defendant proposes to tender to the Court any statement or other document under section 5 he shall give a copy thereof as soon as practicable to the defendant or the Secretary for Justice, as the case may be, and to the appropriate officer of the Court. (89 of 1995 s. 30)
(2) Any statement tendered to the Court by the Secretary for Justice under section 5(1) shall include the following particulars, namely- (L.N. 362 of 1997)
(iii) the assessment of the value of the defendant's proceeds of drug trafficking. (89 of 1995 s. 30)
(L.N. 362 of 1997)
23. Investigation into drug trafficking-discharge and variation of orders (O. 115, r. 23)
(1A) An authorized officer shall make an application for an order under section 20 or a warrant under section 21 ex parte to a judge by laying an information on oath. (L.N. 142 of 1990) (HK)(1) Where an order under section 20 has been made, the person required to comply with it may apply in writing to the appropriate officer of the Court for the order to be discharged or varied, and on hearing such an application the Court may discharge the order or make such variations to it as it thinks fit.
(L.N. 282 of 1989)
24. Application for continued detention of seized property (O. 115, r. 24)
(L.N. 296 of 1996)
25. Order for continued detention of seized property (O. 115, r. 25)
(L.N. 296 of 1996)
26. Application for further detention of seized property (O. 115, r. 26)
(L.N. 296 of 1996)
27. Order for further detention of seized property (O. 115, r. 27)
Where an order is made under section 24C(3), the applicant shall, as soon as is practicable, serve a copy of the order on each affected person.
(L.N. 296 of 1996)
28. Application for release of seized property (O. 115, r. 28)
(L.N. 296 of 1996)
29. Application for forfeiture of seized property (O. 115, r. 29)
(L.N. 296 of 1996)
30. Release of seized property (O. 115, r. 30)
Where in relation to any seized property-
(c) a direction is obtained under section 24C(4), then, unless the Court has directed that an issue be stated and tried as between affected persons, the property shall be forthwith released on such terms, if any, as the Court thinks fit to the person from whom the property was seized or to such other person as appears to be entitled to it.
(L.N. 296 of 1996)
31. Joinder and payment into Court (O. 115, r. 31)
(L.N. 296 of 1996)
32. Service of documents (O. 115, r. 32)
(L.N. 296 of 1996)
33. Power to extend or abridge time
(O. 115, r. 33)
Rules 26(3) and (4), 28(2) and (3), and 29(3) and (4) shall not operate to prejudice the power of the Court under Order 3, rule 5, to extend or abridge the period within which a person is required or authorized by any of those rules to do any act in any proceedings.
(L.N. 296 of 1996)
Order: | 115A | (HK) MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS ORDINANCE (Cap 525) | L.N. 152 of 2008; L.N. 18 of 2009 | 02/04/2009 |
---|
1. Interpretation (O. 115A, r. 1)
(1) In this Order "the Ordinance" (條例) means the Mutual Legal Assistance in Criminal Matters Ordinance
(Cap 525), and a section referred to by number in rules 3 to 12 means the section so numbered in the Ordinance and in rules 13 to 18 means the section so numbered in Schedule 2 to the Ordinance.
(2) Expressions used in this Order which are used in the Ordinance (including Schedule 2 to the Ordinance) have the same meanings in this Order as in the Ordinance.
(O. 115A, r. 5)
An application for registration of an external confiscation order must be supported by an affidavit-
(iii) in the case of money, either that at the date of the application the sum payable under the order has not been paid or the amount which remains unpaid, as may be appropriate, or, in the case of other property, the property which has not been recovered; and
(iv) to the best of the deponent's knowledge, particulars of what property the person against whom, or in relation to whose property, the order was made holds in, or controls from, Hong Kong, giving the source of the deponent's knowledge.
6. Register of orders (O. 115A, r. 6)
7. Notice of registration (O. 115A, r. 7)
8. Application to vary or set aside registration
(O. 115A, r. 8)
An application by the person against whom an order was made to vary or set aside the registration of an order must be made to a judge by summons supported by affidavit.
9. Enforcement of order (O. 115A, r. 9)
(O. 115A, r. 11)
Rules 3 to 10 shall have effect subject to the provisions of any order made under section 27.
12. Investigation or proceeding relating to criminal matter-discharge and variation of orders
(O. 115A, r. 12)
13. Application for restraint order or charging order
(O. 115A, r. 13)
14. Restraint order and charging order (O. 115A, r. 14)
(L.N. 362 of 1997)
15. Discharge or variation of order (O. 115A, r. 15)
16. Further application by Secretary for Justice
(O. 115A, r. 16)
17. Realisation of property (O. 115A, r. 17)
18. Receivers (O. 115A, r. 18)
Remarks:
Adaptation amendments retroactively made - see 25 of 1998 s. 2
PART II-POWERS OF INVESTIGATION
1. Interpretation (O. 116, r. 1)
This Order applies to applications-
(L.N. 362 of 1997)
5. Application to be heard in camera (O. 116, r. 5)
6. Discharge or variation of order under section 3 or 4 (O. 116, r. 6)
7. Claim of legal privilege in relation to order under section 3 or 4 (O. 116, r. 7)
(L.N. 362 of 1997)
8. Claim of legal privilege in relation to search warrant issued under section 5
(O. 116, r. 8)
If in the course of execution by an authorized officer of a warrant issued under section 5 a claim of legal privilege is made in respect of any material, the person making the claim shall
(L.N. 156 of 1995)
Order: | 117 | (HK) ORGANIZED AND SERIOUS CRIMES ORDINANCE (Cap 455) | L.N. 152 of 2008; L.N. 18 of 2009 | 02/04/2009 |
---|
PART IV-ENFORCEMENT, ETC. OF CONFISCATION ORDERS
1. Interpretation (O. 117, r. 1)
The jurisdiction of the Court under the Ordinance shall, for the purposes of this Order, be exercised by a judge of the Court in chambers.
3A. Application for confiscation order where person has died or absconded (O. 117, r. 3A)
An application for a confiscation order under section 8 where the defendant has died or absconded may be made by the Secretary for Justice by originating summons. (90 of 1995 s. 27; L.N. 362 of 1997)
4. Application for restraint order or charging order (O. 117, r. 4)
(1) An application for a restraint order under section 15 or for a charging order under section 16 (to either of which may be joined an application for the appointment of a receiver) may be made by the Secretary for Justice ex parte by summons. (L.N. 362 of 1997)
5. Restraint order and charging order (O. 117, r. 5)
(L.N. 362 of 1997)
6. Discharge or variation of order (O. 117, r. 6)
7. Further application by Secretary for Justice
(O. 117, r. 7)
10. Receivers (O. 117, r. 10)
11. Variation of confiscation order (O. 117, r. 11)
12. Compensation (O. 117, r. 12)
An application for an order under section 29 shall be made by summons, which shall be served, with any supporting evidence, on the person alleged to be in default and on the Secretary for Justice not less than 7 days before the date fixed for the hearing of the summons.
(L.N. 362 of 1997)
13. Disclosure of information (O. 117, r. 13)
14. Statement relating to specified offence or organized crime (O. 117, r. 14)
(iii) the assessment of the value of the defendant's proceeds of a specified offence or an organized crime. (90 of 1995 s. 27)
(L.N. 156 of 1995; L.N. 362 of 1997)
Order: | 118 | (HK) INTERPRETATION AND GENERAL CLAUSES ORDINANCE (CAP 1) | L.N. 152 of 2008; L.N. 18 of 2009 | 02/04/2009 |
---|
PART XII-SEARCH AND SEIZURE OF
JOURNALISTIC MATERIAL
1. Interpretation (O. 118, r. 1)
In this Order "the Ordinance" (條例) means the Interpretation and General Clauses Ordinance (Cap 1), and a section referred to by number means the section so numbered in the Ordinance.
(L.N. 242 of 1996)
2. Application (O. 118, r. 2)
This Order applies to proceedings under sections 84, 85 and 87.
(L.N. 242 of 1996)
3. Proceedings under section 84
(O. 118, r. 3)
(L.N. 242 of 1996)
4. Proceedings under section 85
(O. 118, r. 4)
(L.N. 242 of 1996)
5. Proceedings under section 87 (O. 118, r. 5)
(L.N. 242 of 1996)
Order: | 119 | (HK) PREVENTION OF BRIBERY ORDINANCE (CAP 201) | L.N. 152 of 2008; L.N. 18 of 2009 | 02/04/2009 |
---|
PART III-POWERS OF INVESTIGATION
1. Interpretation (O.119, r. 1)
Subject to rule 6, an application to which this Order applies shall be made ex parte by originating summons in Form No. 11 in Appendix A and, except for an application made under section 14D of the Ordinance, be supported by affidavit.
(L.N. 152 of 2008)
5. Restrictions on access to documents, etc.
(O. 119, r. 5)
6. Variation or revocation of orders (O. 119, r. 6)
(L.N. 222 of 1997)
Remarks:
Adaptation amendments retroactively made - see 25 of 1998 s. 2
(HK) The Court may proceed upon and dispose of such application in chambers, unless it thinks fit otherwise to direct, and shall and may have and exercise thereupon all jurisdiction, power and authority, and may make such orders and give such directions relating to the matter of such application, as might now be exercised, made or given by the Court in an action regularly instituted, or upon petition as the case may require:
Provided that the Court may, where in the circumstances of any such application it sees fit, direct that, for obtaining the relief, order or direction sought for by such application, an information, action or petition, as the case may require, shall be brought or presented and prosecuted, and abstain from further proceeding on such application.
3. Applications (O. 120, r. 3)
(HK) An application under rule 1 of this Order may be made by
(79 of 1997 s. 4; L.N. 362 of 1997)
4. Secretary for Justice to be made party to certain applications (O. 120, r. 4)
(HK) Where an application under rule 1 of this Order is made by any trustee or person referred to in rule 3(b) of this Order, the Secretary for Justice shall be made a party to the application unless the Court otherwise orders.
(79 of 1997 s. 4; L.N. 362 of 1997)
(L.N. 282 of 1989; L.N. 383 of 1996)
Order: | 121 | CHILD ABDUCTION AND CUSTODY ORDINANCE (Cap 512) | L.N. 152 of 2008; L.N. 18 of 2009 | 02/04/2009 |
---|
PROCEEDINGS AND APPLICATIONS
1. Interpretation (O. 121, r. 1)
"application" means an application under the Convention or the Ordinance;
"decision" includes a judgment or an order of any judicial authority as well as an order of an administrative authority;
"relevant authority" includes the Court, a District Court and a juvenile court.
2. Mode of application (O. 121, r. 2)
3. Application for return of a child (O. 121, r. 3)
4. Application for a declaration under section 10
(O. 121, r. 4)
5. Defendants (O. 121, r. 5)
10.
11. Authenticated copy of Court's order
(O. 121, r. 11)
(L.N. 119 of 1998)
Remarks:
ad respondendum............................................................................ 92
ad subjiciendum.............................................................................. 89
ad testificandum.............................................................................. 91
Writ of possession................................................................................. 66, 66A
Writ of restitution....................................................................................
68
Writ of sequestration...............................................................................
67
Writ of subpoena.................................................................................... 28
proceedings in chambers................................................................. 29
Writ of summons.................................................................................... 1
ADMIRALTY FORMS
App. B, Form
Bail bond............................................................................................... 11
Commission for appraisement and sale..................................................... 13
Notice to consular officer of intention to apply for warrant of arrest........... 15
Praecipe for:
caveat against arrest........................................................................... 5
release and payment..................................................... 9
commission for appraisement and sale................................................. 12
issue of release.................................................................................. 8
service of writ in rem by Bailiff........................................................... 6
warrant of arrest................................................................................ 4
withdrawal of caveat.......................................................................... 10
Release
and warrant of possession................................................................... 14
Warrant of arrest.................................................................................... 3
Writ of summons
acknowledgment of service................................................................. 2B
in limitation action............................................................................... 2
in rem................................................................................................ 1
notice to be served out of jurisdiction................................................... 2A
App. C, Form
Warrant for bailiff to call upon defendant to give security to produce
property............................................................................................. 5
(Enacted 1988)
Note:
* This List is for reference only and does not form part of The Rules of the High Court.
Appendix: | A | FORMS | L.N. 152 of 2008; L.N. 18 of 2009 | 02/04/2009 |
---|
No. 1
Writ of Summons
(O. 6 r. 1)
(Hong Kong Coat of Arms)
IN THE HIGH COURT OF THE HONG KONG
SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE 20 ......., No. ..............
Between | A.B. | Plaintiff |
AND | ||
C.D. | Defendant |
TO THE DEFENDANT (name) .............................................................................. of
(address) ....................................................................................................................
THIS WRIT OF SUMMONS has been issued against you by the above-named Plaintiff in respect of the claim set out on the back.
Within (14 days) after the service of this Writ on you, counting the day of service, you must either satisfy the claim or return to the Registry of the High Court the accompanying ACKNOWLEDGMENT OF SERVICE stating therein whether you intend to contest these proceedings or to make an admission.
If you fail to satisfy the claim or to return the Acknowledgment within the time stated, or if you return the Acknowledgment without stating therein an intention to contest the proceedings, the Plaintiff may proceed with the action and judgment may be entered against you forthwith without further notice.
*[If you intend to make an admission, you may complete an appropriate form enclosed in accordance with the accompanying Directions for Acknowledgment of Service.] Issued from the Registry of the High Court this .......................... day of .................... 20 ...... . Note:-This Writ may not be served later than 12 calendar months beginning with that date unless renewed by order of the Court. IMPORTANT Directions for Acknowledgment of Service are given with the accompanying form. (Back of No. 1) *[Statement of Claim] The Plaintiff's claim is for ........................................................................................
*Where words appear between square brackets delete if inapplicable.
*(Signed if statement of claim indorsed. A statement of claim must be verified by a statement of truth in accordance with Order 41A of the Rules of the High Court (Cap 4 sub. leg. A).)
(Where the Plaintiff's claim is for a debt or liquidated demand only: If, within the time for returning the Acknowledgment of Service, the Defendant pays the amount claimed and $ ............. for costs, further proceedings will be stayed. The money must be paid to the Plaintiff or his Solicitor.)
THIS WRIT was issued by ......................................................................................
of ...................................................................................................................................
Solicitors for the said Plaintiff whose address is ................................................................. *(or where the Plaintiff sues in person.
THIS WRIT was issued by the said Plaintiff who resides at .......................................
....................................................................................................................................... and (if the Plaintiff does not
reside within the jurisdiction) whose address for service is ........
.....................................................................................................................................).
(L.N. 251 of 1997; 25 of 1998 s. 2; L.N. 152 of 2008)
No. 8
Originating summons-general form
(O. 7 r. 2)
IN THE HIGH COURT OF HONG KONG
COURT OF FIRST INSTANCE
19 ......., No. ..............
(IN THE MATTER OF .....................)
Between | A.B. | Plaintiff |
AND | ||
C.D. | Defendant |
To C.D. of
Let the defendant, within (14 days) after service of this summons on him, counting the day of service, return the accompanying Acknowledgment of Service to the Registry of the High Court.
By this summons, which is issued on the application of the plaintiff A.B. of ................, the plaintiff claims
against the defendant .................................. (or seeks the determination of the Court on the following questions,
namely, ................................................. or as may be).
If the defendant does not acknowledge service, such judgment may be given or order made against or in relation to him as the Court may think just and expedient.
Dated the ............... day of ......................... 19 ........
Note:-This summons may not be served later than 12 calendar months beginning with the above date unless renewed by order of the Court.
This summons was taken out by ........................................................................... of .................................................................................................... solicitors for the said plaintiff ....................................................................... whose address is as stated above (or where the plaintiff sues in person. This summons was taken out by the said plaintiff who resides at the above-named address or as may be and (if the plaintiff does not reside within the jurisdiction) whose address for service is ...................................................................).
IMPORTANT
Directions for Acknowledgment of Service are given with the accompanying form.
(L.N. 251 of 1997; 25 of 1998 s. 2)
No. 10
Originating summons-expedited form
(O. 7 r. 2 O. 29 r. 8A; O. 30 r. 9; O. 62 r. 11A; O. 73 rr. 2, 3 & 4; O. 100 r. 2; O. 115 rr. 2A, 3, 7 & 24)
IN THE HIGH COURT OF THE HONG KONG
SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
20 ......, No. ...........
(IN THE MATTER OF ...................)
Between A.B. Plaintiff
AND
C.D. Defendant
Let C.D. of ................................................ attend before the Registrar (or Judge) in Chambers, at the High Court,
Hong Kong, on ............................................................. day, the ................... day of ................................................
20.........., at ................. o'clock, (or, if no application has yet been made for a day to be fixed, on a day to be fixed) on
the hearing of an application by the plaintiff A.B. of ................................................................
that .................................................................................................................................
And let the defendant within (14 days) after service of this summons on him counting the day of service, return the accompanying Acknowledgment of Service to the Registry of the High Court.
Dated the ............... day of ......................... 20 ........
Note:-This summons may not be served later than 12 calendar months beginning with the above date unless renewed by order of the Court.
This summons was taken out by ................. of ..................................... solicitors for the said plaintiff whose address is as stated above (or where the plaintiff sues in person.
This summons was taken out by the said plaintiff who resides at ................................ and (if the plaintiff does
not reside within the jurisdiction) whose address for service is .........
........................................................................................................................................)
Note:-If a defendant does not attend personally or by his counsel or solicitor at the time and place above-mentioned such order will be made as the Court may think just and expedient.
IMPORTANT
Directions for Acknowledgment of Service are given with the accompanying form.
(L.N. 251 of 1997; 25 of 1998 s. 2; L.N. 152 of 2008)
No. 11
Ex parte originating summons
(O. 7 r. 2; O. 118 r. 4(1); O. 119 r. 4) 20 ......, No. ...........
IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION
In the matter of .......................................................................................................
Let all parties concerned attend before the Judge in Chambers (or the master) at the High Court in Hong Kong, on ................................................................ day, the .............. day of ................................................. 20 ........, at ........ o'clock, on the hearing of an application by A.B. that ...................................................................................................
Dated the ............... day of ......................... 20 ........
This summons was taken out by ....................... of ....................................... solicitor for the applicant whose
address is ....................................................................................
(L.N. 313 of 1997; 25 of 1998 s. 2; L.N. 152 of 2008)
No. 11A | ||
---|---|---|
Originating summons for possession | ||
(O. 113 r. 2) | ||
19 ......, No. ........... | ||
IN THE COURT OF FIRST INSTANCE OF HONG KONG | ||
(IN THE MATTER OF ...........................) | ||
Between | A.B. AND C.D. | Plaintiff Defendant (if any) whose name is known |
To [C.D. and] every [other] person in occupation of ..................................................
Let all persons concerned attend before ....................................................................
..................................................... Court of First Instance ........................................... of Hong Kong in Hong Kong
on .................................................. day, the ...................... day of ................................................ 19 ......., at .......
o'clock, on the hearing of an application by A.B. for an order that he do recover possession
of .................................................... on the ground that he is entitled to possession and that the person(s) in occupation
is (are) in occupation without licence or consent.
Dated the ............... day of ......................... 19 ........
This summons was taken out by ..................... of ..................................................... solicitor for the said plaintiff
whose address is ................................................................... [or when the plaintiff acts in person]
This summons was taken out by the said plaintiff who resides at ................................ ........................................... and is (state occupation) and (if the plaintiff does not reside within the jurisdiction) whose address for service is ........................................................... Note:-Any person occupying the premises may apply to the Court personally or by counsel or solicitor to be joined as
a defendant. If a person occupying the premises does not attend personally or by counsel or solicitor at the time
and place above-mentioned, such order will be made as the Court may think just and expedient.
(L.N. 251 of 1997; L.N. 313 of 1997; 25 of 1998 s. 2)
No. 12
Notice of appointment to hear originating summons
(O. 28 r. 2)
(Heading as in summons)
To (name of defendant) of .......................................................................................
Take notice that the originating summons issued herein on the ............... day of ....................... 19 ........., will be heard by the Judge in Chambers (or the master) at the High Court in Hong Kong, on ............ day, the ............ day of .................................. 19........., at .......... o'clock. You may attend in person, or by your solicitor or counsel. If you fail to attend, such order will be made as the Court may think just and expedient.
Dated the ............... day of ......................... 19 ........
(Signed) .............................................................. Solicitor for the plaintiff.
(L.N. 251 of 1997; L.N. 313 of 1997; 25 of 1998 s. 2)
No. 13
Notice of originating motion
(O. 8 r. 3)
19 ......, No. ...........
IN THE HIGH COURT OF HONG KONG
In the matter of ......................................................................
and
In the matter of ......................................................................
Take notice that the High Court of Hong Kong in Hong Kong will be moved (before his Lordship, Mr. Justice .......................................................................) at the expiration of ............. days from the service upon you of this notice (or on ......................................... day, the ............ day of ....... 19 ........, at the sitting of the Court) or so soon thereafter as counsel can be heard, by counsel on behalf of A.B. for an order that ................. (or for the following
relief, namely .............................................................................................)
And that the costs of and incidental to this (application) (appeal) may be paid by ...............
(And further take notice that the grounds of this (application) (appeal) are: .......................)
Dated the ............... day of ......................... 19 ........
(Signed) ..............................................................
C.D. of .............................. solicitor for the above named (applicant) (appellant) A.B. whose address
is .......................................................................... or A.B. whose address for service
is .................................................................................. (applicant) (appellant) in
person .........................................................................................................................
To .......................... of ...............................
(L.N. 251 of 1997; L.N. 313 of 1997; 25 of 1998 s. 2)
No. 14
Acknowledgment of Service of Writ of Summons
(O. 12 r. 3)
Directions for Acknowledgment of Service
If a Statement of Claim is indorsed on the Writ (i.e. the words "Statement of Claim" appear at the top of the back), the Defence must be filed and served within 28 days after the time for acknowledging service of the Writ, unless in the meantime a summons for judgment is served on the Defendant.
If a Statement of Claim is not indorsed on the Writ, the Defence must be filed and served within 28 days after a Statement of Claim has been served on the Defendant. If the Defendant fails to file and serve his defence within the appropriate time, the Plaintiff may enter judgment against him without further notice. The Defendant's defence must be verified by a statement of truth in accordance with Order 41A of the Rules of the High Court (Cap 4 sub. leg. A).
See attached Notes for Guidance
Notes for Guidance
1. Each Defendant (if there are more than one) is required to complete an Acknowledgment of Service and
return it to the Registry of the High Court.
[2. For the purpose of calculating the period of 14 days for acknowledging service, a writ served on the Defendant personally is treated as having been served on the day it was delivered to him and a writ served by post or by insertion through the Defendant's letter box is treated as having been served on the seventh day after the date of posting or insertion.]
(Note: Not applicable if the defendant is a company served at its registered office.)
(Heading as in No. 1 to be completed by plaintiff)
ACKNOWLEDGMENT OF SERVICE
OF WRIT OF SUMMONS
If you intend to instruct a Solicitor to act for you, give him this form IMMEDIATELY.
Important. Read the accompanying directions and notes for guidance carefully before completing this form. If any information required is omitted or given wrongly, THIS FORM MAY HAVE TO BE RETURNED.
Delay may result in judgment being entered against a Defendant whereby he or his Solicitor may have to pay the costs of applying to set it aside.
see Notes 1, 1. State the full name of the Defendant by whom or on whose behalf the service of the Writ 3, 4 and 5. is being acknowledged.
2. State whether the Defendant intends to contest the proceedings (tick appropriate box)
yes no
See Direction 3. 3. If the only remedy that the Plaintiff is seeking is the payment of a liquidated amount of money or the payment of an unliquidated amount of money, state whether the Defendant intends to make an admission (tick appropriate box).
yes no
If yes, the Defendant may make the admission by completing Form No. 16 or 16C (as the case may require) accompanying the Writ of Summons.
Where words Service of the Writ is acknowledged accordingly.
appear between
square brackets, (Signed) [Solicitor] ( )
delete if [Defendant in person]
inapplicable. Address for service
Notes as to Address for Service
Solicitor. Where the Defendant is represented by a Solicitor, state the Solicitor's place of business in Hong Kong.
Defendant in person. Where the Defendant is acting in person, he must give his residence OR, if he does not reside in Hong Kong, he must give an address in Hong Kong where communications for him should be sent. In the case of a limited company, "residence" (居所) means its registered or principal office.
(Back of page (1))
Indorsement by plaintiff's solicitor (or by plaintiff if suing in person) of his name, address and reference, if any.
(L.N. 251 of 1997; L.N. 313 of 1997; 25 of 1998 s. 2; L.N. 129 of 2000; L.N. 152 of 2008)
No. 15
Acknowledgment of Service of Originating
Summons-for all cases other than
costs-only proceedings under
section 52B of the High
Court Ordinance
(O. 10 r. 5; O. 12 r. 3(1))
Directions for Acknowledgment of Service
See over for Notes for Guidance
[Back of page (1)]
Notes for Guidance
[As in No. 14 substituting "originating summons" for "writ of summons".]
(Heading as in No. 8 or 10 to be completed by plaintiff)
ACKNOWLEDGMENT OF SERVICE
OF ORIGINATING SUMMONS
If you intend to instruct a Solicitor to act for you, give him this form IMMEDIATELY.
Important. Read the accompanying directions and notes for guidance carefully before completing this form. If
any information required is omitted or given wrongly, THIS FORM MAY HAVE TO BE RETURNED.
see Notes 1, 1. State the full name of the Defendant by whom or on whose behalf the service of the 3, 4 and 5. Originating Summons is being acknowledged.
2. State whether the Defendant intends to contest the proceedings (tick appropriate box)
yes no
See Direction 2. 3. If the only remedy that the Plaintiff is seeking is the payment of a liquidated amount of money or the payment of an unliquidated amount of money, state whether the Defendant intends to make an admission (tick appropriate box).
yes no
If yes, the Defendant may make the admission by completing Form No. 16 or 16C (as the
case may require) accompanying the Originating Summons. Where words Service of the Originating Summons is acknowledged accordingly. appear between square brackets, (Signed) [Solicitor] ( ) delete if [Defendant in person] inapplicable. Address for service
Notes as to Address for Service
Solicitor. Where the Defendant is represented by a Solicitor, state the Solicitor's place of business in Hong Kong.
Defendant in person. Where the Defendant is acting in person, he must give his residence OR, if he does not reside in Hong Kong, he must give an address in Hong Kong where communications for him should be sent. In the case of a limited company, "residence" (居所) means its registered or principal office.
(Back of page (1))
Indorsement by plaintiff's Solicitors (or by plaintiff if suing in person) of his name, address and reference, if any.
(L.N. 251 of 1997; 25 of 1998 s. 2; L.N. 152 of 2008)
No. 15A
Acknowledgment of Service of Originating Summons-
for costs-only proceedings under section 52B
of the High Court Ordinance
(O. 10 r. 5; O. 12 r. 3(1); O. 62 r. 11A)
Directions for Acknowledgment of Service
The accompanying form of ACKNOWLEDGMENT OF SERVICE should be detached and completed by a solicitor acting on behalf of the defendant or by the defendant if acting in person. After completion it must be delivered or sent by post to the Registry of the High Court of the following address-
[insert here the address of the Registry of the High Court]
See over for Notes for Guidance
[Back of page (1)]
Notes for Guidance
[As in No. 14 substituting "originating summons" for "writ of summons".] (Heading as in No. 8 or 10 to be completed by plaintiff)
ACKNOWLEDGMENT OF SERVICE
OF ORIGINATING SUMMONS
If you intend to instruct a solicitor to act for you, give him this form IMMEDIATELY.
Important. Read the accompanying directions and notes for guidance carefully before completing this form. If any information required is omitted or given wrongly, THIS FORM MAY HAVE TO BE RETURNED.
See Notes 1, 1. State the full name of the defendant by whom or on whose behalf the service of the originating
3, 4 and 5.
summons is being acknowledged.
2. State whether the defendant intends to contest the liability for costs (tick appropriate box)
□ yes no
3. State whether the defendant intends to contest the amount of those costs (tick appropriate box)
□ yes no
Where words Service of the originating summons is acknowledged accordingly.
appear between
square brackets,
delete if
inapplicable.
(Signed) [Solicitor] ( )
[Defendant in person]
Address for service
Notes as to Address for Service
Solicitor. Where the defendant is represented by a solicitor, state the solicitor's place of business in Hong Kong.
Defendant in person. Where the defendant is acting in person, he must state his residence OR, if he does not reside in Hong Kong, he must state an address in Hong Kong to which communications for him should be sent. In the case of a limited company, "residence" (居所) means its registered or principal office.
(Back of page (1))
Indorsement by plaintiff's solicitors (or by plaintiff if suing in person) of his name, address and reference, if any.
(L.N. 152 of 2008)
No. 16
Admission (liquidated amount)
(O. 13A rr. 4(2), 5(2) & 13(2)) (Heading as in action)
Explanatory Note
1. The only claim the plaintiff has made against you is for a liquidated amount of money. You may admit the plaintiff's claim in whole or in part by completing this form-
7. The completed form should be filed in the Registry of the High Court.
How to fill in this form
‧ !Tick the correct boxes and give as much information as you can. Then sign and date the form. If necessary provide details on a separate sheet, add the action number and attach it to this form.
‧ !If you do not ask for time to pay, you need not complete items 2 to 9 and 11 to 14.
‧ !If you ask for time to pay, make your offer of payment in item 14.
‧ !If you are not an individual, you need not complete items 1 to 9 but you should complete items 10 to 12 and ensure that you comply with the requirement specified in item 13 and provide sufficient details about the assets and liabilities of your firm, company or corporation to support any offer of payment made in item
14.
‧ !If you are an individual, you need not complete items 10 to 12 and need not comply with the requirement specified in item 13.
‧ !You can get help to complete this form at the Registry of the High Court.
How much of the claim do you admit?
1. Personal details
Surname
Forename
□ Mr □ Mrs □ Miss □ Ms
Address
2. Dependants (people you look after financially)
(give details)
3. Employment
□ I am employed as a
My employer is
Jobs other than main job
(give details)
□ I am self employed as a
Annual turnover is
$
Give details of:
Bank account | In credit by $ | Overdrawn by $ |
---|---|---|
I live in □ my own flat
6. Income
My usual take-home pay (including overtime, commission, bonuses, etc.)
My pension(s)
Others living in my home give me
Other income (give details below)
Total income
$ | per month |
$ | per month |
$ | per month |
$ | per month |
$ | per month |
$ | per month |
$ | per month |
(Do not include any payments made by other members of the household out of their own income)
I have regular expenses as follows:
Mortgage (including second mortgage)
Rent
Rates and government rent
Management fees
Domestic helper's salary
Gas
Electricity
Water charges
Telephone charges
Housekeeping, food, school meals
Travelling expenses
Children's clothing
Tuition fees
Maintenance payments
Court orders
Others
Total expenses
9. Liabilities
(This section is for arrears only. Do not include regular expenses listed in item 8.)
Rent arrears
Mortgage arrears
Rates and government rent arrears
Water charges arrears
Fuel debts: Gas
Electricity
Others
Maintenance arrears
Loans and credit card debts (please list)
Others (give details below)
Total liabilities
10. Firm, company or corporation
Name
Address $ $ $ $ $ $ $ $ $
$ | per month |
$ | per month |
$ | per month |
$ | per month |
$ | per month |
$ | per month |
$ | per month |
$ | per month |
$ | per month |
$ | per month |
$ | per month |
$ | per month |
$ | per month |
$ | per month |
$ | per month |
$ | per month |
$ | per month |
$ | per month |
$ | per month |
$ $
$
Tel. no.
Assets of firm, company or corporation (please list)
Property, plant and equipment | $ |
Inventories | $ |
Goodwill and other intangible assets | $ |
Loans and receivables | $ |
Bank balances and cash | $ |
Others | $ |
Liabilities of firm, company or corporation (please list)
Total
$
Trade payables | $ |
Tax payables | $ |
Other payables | $ |
Bank loans | $ |
Other borrowings | $ |
Others | $ |
Total
$
15. Declaration | I ____________________________ declare that the details I have given above and in the attached sheet(s) (if any) are true to the best of my knowledge And I make this solemn declaration conscientiously believing the same to be true and by virtue of the Oaths and Declaration Ordinance (Cap 11) |
Signed | Position or office held (If signing on behalf of a firm, company or corporation) |
With company chop (if applicable) |
Declared at ______________________________ in Hong Kong on ________________ of 20 _____.
Before me,
[Signature and designation, i.e., Justice of the Peace/Notary Public/Commissioner for Oaths.]
Note — Under section 36 of the Crimes Ordinance (Cap 200), a person who knowingly and wilfully makes a statement false in a material particular in a declaration or other document which he is authorized or required to make by an enactment is guilty of an offence.
(L.N. 152 of 2008)
——————
!
No. 16A
Request for judgment (admission of liquidated amount)
(O. 13A rr. 4(3), 9(4) & 10(2))
(Heading as in action)
‧ Remember to sign and date the form. Your signature certifies that the information you have given is correct.
‧ Return the completed form to the Court.
‧ The completed form should be filed in the Registry of the High Court.
A The defendant has admitted the whole of my claim Tick only one box below and follow the instructions given.
Enclose a draft judgment for approval. You can say how you want the defendant to pay.
Give your reasons for objecting to the defendant's offer of payment. (Continue on the back of this form if
necessary.)
Note:— The Court will notify you and the defendant of its judgment.
I certify that the information given is correct
Position or office held | ||
---|---|---|
Signed | (If signing on behalf of a firm, | |
(Plaintiff) (Plaintiff's solicitor) (next friend) | company or corporation) | |
With company chop | ||
Date | (if applicable) |
(L.N. 152 of 2008)
——————
!
No. 16B
Reply to part admission of liquidated amount and Request for judgment
(O. 13A rr. 5(3) & (5), 9(4) & 10(2))
(Heading as in action)
‧ !Please tell the Court what you wish to do by completing the lower half of this form and filing it in the Registry of the High Court within 14 days after the copy of the defendant's admission is served on you. At the same time you must serve a copy on the defendant. If you do not file this form in the Registry of the High Court within the prescribed period, your claim will be stayed. No further action will be taken by the Court until the form is received.
‧ !You must tick box A or B.
‧ !Remember to sign and date the notice.
A □ I DO NOT accept the defendant's part admission
If you tick box A the claim will proceed as a defended claim.
B □ !I ACCEPT the amount admitted by the defendant in satisfaction of my whole claim Tick only one box and follow the instructions given.
Enclose a draft judgment for approval. You can say how you want the defendant to pay. Give your reasons for objecting to the defendant's offer of payment. (Continue on the back of this form if necessary.)
Note:— The Court will notify you and the defendant of its judgment.
I certify that the information given is correct
Position or office held | ||
---|---|---|
Signed | (If signing on behalf of a firm, | |
(Plaintiff) (Plaintiff's solicitor) (next friend) | company or corporation) | |
With company chop | ||
Date | (if applicable) |
(L.N. 152 of 2008)
——————
!
No. 16C
Admission (unliquidated amount)
(O. 13A rr. 6(2), 7(2) & 13(2))
(Heading as in action)
Explanatory Note
1. The only claim the plaintiff has made against you is for an unliquidated amount of money.
You may admit the plaintiff's claim in whole or in part by completing this form-
5. The completed form should be filed in the Registry of the High Court.
How to fill in this form
‧ !Tick the correct boxes and give as much information as you can. Then sign and date the form. If necessary provide details on a separate sheet, add the action number and attach it to this form.
‧ !If you do not ask for time to pay, you need not complete items 2 to 9 and 11 and 12.
‧ !If you are not an individual, you need not complete items 1 to 9 but you should complete items 10 to 12 and ensure that you comply with the requirement specified in item 13 and provide sufficient details about the assets and liabilities of your firm, company or corporation to support any offer of payment made.
‧ !If you are an individual, you need not complete items 10 to 12 and need not comply with the requirement specified in item 13.
‧ !You can get help to complete this form at the Registry of the High Court.
Part A Response to claim (tick one box only)
Part B How are you going to pay the amount you have admitted? (tick one box only)
AND
I offer to pay by instalments of per (week)(month) starting (date)
1. Personal details
Surname
Forename
Address
□ Mr □ Mrs □ Miss □ Ms
□ I am employed as a
My employer is Jobs other than main job
(give details)
□ I am self employed as a
Annual turnover is
$
Give details of:
In credit by | Overdrawn by | |
Bank account | $ | $ |
I live in □ my own flat
6. Income
My usual take-home pay (including overtime, commission, bonuses, etc.) My pension(s) Others living in my home give me Other income (give details below) | $ $ $ $ $ | per month per month per monthper month per month |
---|---|---|
$ | per month | ||
---|---|---|---|
Total income | $ | per month | |
7. | Other assets (please list and indicate their location) |
8. Expenses
(Do not include any payments made by other members of the household out of their own income)
I have regular expenses as follows:
Mortgage (including second mortgage)
Rent
Rates and government rent
Management fees
Domestic helper's salary
Gas
Electricity
Water charges
Telephone charges
Housekeeping, food, school meals
Travelling expenses
Children's clothing
Tuition fees
Maintenance payments
Court orders
Others
Total expenses
9. Liabilities
(This section is for arrears only. Do not include regular expenses listed in item 8.)
Rent arrears
Mortgage arrears
Rates and government rent arrears
Water charges arrears
Fuel debts: Gas
Electricity
Others
Maintenance arrears
Loans and credit card debts (please list)
Others (give details below)
Total liabilities
10. Firm, company or corporation
$ | per month |
$ | per month |
$ | per month |
$ | per month |
$ | per month |
$ | per month |
$ | per month |
$ | per month |
$ | per month |
$ | per month |
$ | per month |
$ | per month |
$ | per month |
$ | per month |
$ | per month |
$ | per month |
$ | per month |
$ | per month |
$ | per month |
$ $ $ $ $ $ $ $ $
$ $
$
Name Address
Tel. no.
Assets of firm, company or corporation (please list)
Property, plant and equipment | $ |
Inventories | $ |
Goodwill and other intangible assets | $ |
Loans and receivables | $ |
Bank balances and cash | $ |
Others | $ |
Liabilities of firm, company or corporation (please list)
Trade payables | $ |
Tax payables | $ |
Other payables | $ |
Bank loans | $ |
Other borrowings | $ |
Others | $ |
Total
Total
$
$
13. Attach to this form a copy of the latest audited profit and loss account and balance sheet of the firm,
company or corporation | |
---|---|
14. Declaration | I ____________________________ declare that the details I have given above and in the attached sheet(s) (if any) are true to the best of my knowledge |
And I make this solemn declaration conscientiously believing the same to be true and by virtue of the Oaths and Declaration Ordinance (Cap 11) | |
Signed | Position or office held (If signing on behalf of a firm, company or corporation) |
With company chop (if applicable) |
Declared at ______________________________ in Hong Kong on ________________ of 20 _____.
Before me,
[Signature and designation, i.e., Justice of the Peace/Notary Public/Commissioner for Oaths.]
Note — Under section 36 of the Crimes Ordinance (Cap 200), a person who knowingly and wilfully makes a statement false in a material particular in a declaration or other document which he is authorized or required to make by an enactment is guilty of an offence.
(L.N. 152 of 2008)
——————
!
No. 16D
Request for judgment (admission of unliquidated amount)
(O. 13A r. 6(3))
(Heading as in action)
The defendant has admitted liability to pay the whole of my claim but has not made any proposal for payment.
I request judgment to be entered against the defendant for an amount to be decided by the Court and costs.
[Enclose a draft judgment for approval]
Position or office held | ||
---|---|---|
Signed | (If signing on behalf of a firm, | |
(Plaintiff) (Plaintiff's solicitor) (next friend) | company or corporation) | |
With company chop | ||
Date | (if applicable) |
‧ !The completed form should be filed in the Registry of the High Court.
(L.N. 152 of 2008)
——————
!
No. 16E
Reply to admission of unliquidated amount and Request for judgment
(O. 13A rr. 7(3), (5) & (9), 9(4) & 10(2)) (Heading as in action)
Important notes for plaintiff
‧ !You must tick either item A or complete item B and file the form in the Registry of the High Court within 14 days after the copy of the defendant's admission is sent to you. At the same time you must send a copy to the defendant. If you do not return the form within the prescribed period, your claim will be stayed. No further action will be taken by the Court until the form is received.
‧ !Remember to sign and date the notice.
A □ !I DO NOT accept the amount offered by the defendant in satisfaction of my claim. I wish judgment to be entered for an amount to be decided by the Court.
The Court will give directions for management of the case.
B □ !I ACCEPT the amount admitted by the defendant in satisfaction of my claim Tick only one box and follow the instructions given.
Enclose a draft judgment for approval. You can say how you want the defendant to pay. Give your reasons for objecting to the defendant's offer of payment. (Continue on the back of this form if necessary.)
Note: — !The Court will notify you and the defendant of its judgment.
I certify that the information given is correct
Position or office held | ||
---|---|---|
Signed | (If signing on behalf of a firm, | |
(Plaintiff) (Plaintiff's solicitor) (next friend) | company or corporation) | |
With company chop | ||
Date | (if applicable) |
(L.N. 152 of 2008)
No. 17
Notice to be indorsed on copy of counterclaim
(O. 15 r. 3(6))
To X. Y.
A completed Form No. 16 or 16C must be filed with the Registry of the High Court and served on the counterclaiming plaintiff [or the counterclaiming plaintiff's solicitors] within the period for service of the defence to counterclaim.
IMPORTANT
Directions for Acknowledgment of Service are given with the accompanying form.
(L.N. 251 of 1997; L.N. 152 of 2008)
No. 20
Third party notice claiming contribution or indemnity or other relief or remedy
(O. 16)
19 ......., No. ..............
IN THE HIGH COURT OF HONG KONG
COURT OF FIRST INSTANCE
Between | A.B. | Plaintiff |
AND | ||
C.D. | Defendant | |
AND | ||
T.P. | Third Party | |
Third Party Notice |
[Issued pursuant to the order of ...................... dated the ........................................ day of ................................].
To T.P. of ........................................ in the ............................................................
of ...................................................................................................................................
Take notice that this action has been brought by the plaintiff against the defendant. In it the plaintiff claims against the defendant [here state the nature of the plaintiff's claim] as appears from the writ of summons [or originating summons] a copy whereof is served herewith [together with a copy of the statement of claim].
The defendant claims against you [here state the nature of the claim against the third party as for instance] to be indemnified against the plaintiff's claim and the costs of this action or contribution to the extent of [one half] of the plaintiff's claim or the following relief or remedy namely .............................................. on the grounds that (state the grounds of the claim).
And take notice that within [14 days] after service of this notice on you, counting the day of service, you must acknowledge service and state in your acknowledgment whether you intend to contest the proceedings. If you fail to do so, or if your acknowledgment does not state your intention to contest the proceedings, you will be deemed to admit the plaintiff's claim against the defendant and the defendant's claim against you and your liability to [indemnify the defendant or to contribute to the extent claimed or to ......................... stating the relief for remedy sought] and will be bound by any judgement or decision given in the action, and the judgement may be enforced against you in accordance with Order 16 of the Rules of the High Court Chapter 4.
Dated the ............... day of ......................... 19 ........
(Signed) .............................................................. Solicitor for the defendant.
IMPORTANT
Directions for Acknowledgment of Service are given with the accompanying form.
(L.N. 251 of 1997; 25 of 1998 s. 2)
No. 21
Third party notice where question or Issue to be determined
(O. 16)
[Title etc. as in No. 20 down to end of first paragraph]
The defendant requires that the following question or issue, viz. [here state the question or issue required to be determined] should be determined not only as between the plaintiff and the defendant but also as between either or both of them and yourself.
And take notice that [as in No. 20 down to the words "intention to contest the proceedings"] you will be bound by any judgment or decision in the action so far as it is relevant to the said question or issue, and the judgment may be enforced against you in accordance with Order 16 of the Rules of the High Court Chapter 4.
Dated the ............... day of ......................... 19 ........
(Signed) .............................................................. Solicitor for the defendant.
IMPORTANT
Directions for Acknowledgment of Service are given with the accompanying form.
(L.N. 251 of 1997; 25 of 1998 s. 2)
No. 23
Notice of sanctioned payment
(O. 22 r. 8(2))
(Heading as in action)
To the plaintiff('s solicitor) and to the Director of Legal Aid (if applicable)
Take notice that the defendant(s) _____________________ has/have paid $___________________ (a further amount of $ _____________________) into court in settlement of(tick as appropriate)
The (part)(issue or issues) to which it relates is (are): (give details)
Note:-This notice will need to be modified where an offer of provisional damages is made (Order 22, rule 11).
Signed | Defendant('s solicitor) | Position or office held (If signing on behalf of a firm, company or corporation) |
Date | With company chop (if applicable) |
Note: To the plaintiff
If you wish to accept the payment made into court and the Court's leave for acceptance is not required, you should complete Form No. 24, send it to the defendant and file a copy in the Registry of the High Court.
(L.N. 152 of 2008)
No. 24
Notice of acceptance of sanctioned payment
(O. 22 r. 15(4))
(Heading as in action) To the defendant('s solicitor) and to the Director of Legal Aid (if applicable)
Take notice that the plaintiff accepts the payment(s) into court totalling $ _____________________ in settlement of (the whole of)(part of)(certain issue(s) arising from) *the plaintiff's claim as set out in the notice of sanctioned payment received on ____________________________ (and abandons the other part(s) of or issue(s) arising from the plaintiff's claim).
Signed | Plaintiff('s solicitor) | Position or office held (If signing on behalf of a firm, company or corporation) |
Date | With company chop (if applicable) |
* Delete as appropriate
(L.N. 152 of 2008)
No. 25
Notice of request for payment
(O. 22 r. 17)
(Heading as in action)
On ____________________ I accepted the payment(s) into court totalling $ __________________ in settlement of (the whole of)(part of)(certain issue(s) arising from) *my claim as set out in the notice of sanctioned payment received on _______________________ (and abandoned the other part(s) of or issue(s) arising from my claim).*
I declare that:
Plaintiff or solicitor's full name/Director of Legal Aid*
Address and telephone number
Defendant or solicitor's full name/Director of Legal Aid*
Address and telephone number
* Delete as appropriate
Notes for guidance on completion of Form No. 25
In order to request payment out of funds in court, file this form, signed and completed in accordance with these notes for guidance in the Registry of the High Court. A copy of this form should also be sent to the defendant('s solicitors). ‧ When completing this form, please ensure that you tick all of the boxes under the heading:
'I declare that'. If you do not tick all of the boxes, the Registry of the High Court will not be able to process your request for payment and will have to return the form to you. ‧ The form should be signed either by the plaintiff or his solicitor.
‧ !The Accounts Office of the High Court will only issue payment upon receipt of a properly completed Form No. 25 with an original signature. Faxed copies of the form and photocopies of signatures will not be accepted and will be returned to sender.
(L.N. 152 of 2008)
No. 25A
Notice of payment into court under order or certificate
(O. 22 r. 27(1)) (Heading as in action)
Take notice that the plaintiff/defendant _____________________ has paid $________________ into court in compliance with the order/certificate of __________________ dated __________________.
Signed | Plaintiff/Defendant('s solicitor) | Position or office held (If signing on behalf of a firm, company or corporation) |
Date | With company chop (if applicable) |
Solicitors' certificate
We certify that-
(a) the payment is made within time. *(b) there is no direction in the order for investment of the money.
*(c) the Court has directed that the money be invested in the following manner- Signed
Date
SOLICITOR'S DETAILS
Name of firm
Solicitor for
* Delete as appropriate
(L.N. 152 of 2008)
No. 26
List of Documents
(O. 24 r. 5)
(Heading as in cause or matter)
List of documents
The following is a list of the documents relating to the matters in question in this action which are or have been in the possession, custody or power of the above-named plaintiff (or defendant) A.B. and which is served in compliance with Order 24, rule 2 (or the order herein dated the ........... day of ......................... 19 ...........).
(or defendant's) possession, custody or power on (stating when) and the remainder on (stating when). (Here state what has become of the said documents and in whose possession they now are.)
5. Neither the plaintiff (or defendant), nor his solicitor nor any other person on his behalf, has now, or ever had, in his possession, custody or power any document of any description whatever relating to any matter in question this action, other than the documents enumerated in schedules 1 and 2 hereto.
SCHEDULE 1
Part 1
(Here enumerate in a convenient order the documents (or bundles of documents, if of the same nature, such as invoices) in the possession, custody or power of the party in question which he does not object to produce, with a short description of each document or bundle sufficient to identify it.)
Part 2
(Here enumerate as aforesaid the documents in the possession, custody or power of the party in question which
he objects to produce.)
SCHEDULE 2
(Here enumerate as aforesaid the documents which have been, but at the date of service of the list are not, in the possession, custody or power of the party in question.)
Dated the ............... day of ......................... 19 ........
Notice to inspect
Take notice that the documents in the above list, other than those listed in part 2 of schedule 1 (and schedule 2), may be inspected at (the office of the solicitor of the above-named (plaintiff) (defendant) (insert address) or as may be) on the ............ day of ................................... 19........, between the hours of .............................. and ...................................
To the defendant (or plaintiff) C.D. and his solicitor.
Served the ..................... day of ............... 19 ........ by ............................................
of ...................................................................................... solicitor for the (plaintiff) (defendant).
No. 27
Affidavit verifying list of documents
(O. 24 r. 5)
(Heading as in cause or matter)
I, the above-named plaintiff (or defendant) A.B., make oath and say as follows:-
Sworn, etc.
This affidavit is filed on behalf of the plaintiff (or defendant).
No. 27A
Notice of application for leave to institute or continue proceedings in court
(O. 32A r. 2) No. ..............
IN THE HIGH COURT OF THE HONG KONG
SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
Applicant
Notice of application for leave to institute or continue proceedings in court (O. 32A r. 2)
To the Registrar, High Court, Hong Kong.
Name and address of applicant | ||
---|---|---|
Title and reference number of the proceedings in which the order under section 27(1) of the High Court Ordinance (Cap 4) was made | ||
Order sought | ||
Previous applications for leave which the applicant has made under section 27 of the High Court Ordinance (Cap 4), and the results of those applications | ||
Signed | Dated |
Grounds on which leave is sought
Note:-Grounds must be supported by the affidavit evidence on which the applicant relies in support of his application.
(L.N. 152 of 2008)
No. 28
Writ of subpoena
(O. 38 r. 14)
(Heading as in cause or matter) To (names of witnesses). You are required to attend (at the High Court in Hong Kong at the sittings of our High Court) on the day fixed
for the trial of the above-named cause, notice of which will be given to you, and from day to day thereafter until the end of the trial, to give evidence on behalf of the (plaintiff) or (defendant)*. Witness .............................................................................. Chief Justice of Hong Kong the ................. day of ............................ 19 ........ Issued on the .................... day of .............................................................. 19 ........ by .................................. solicitor for the .........................................................................
*If duces tecum add: And it is also required to bring with you and produce at the place aforesaid on the day notified to you (here describe the documents or things to be produced).
(L.N. 251 of 1997; L.N. 313 of 1997; 25 of 1998 s. 2)
No. 29
Writ of subpoena: proceedings in chambers
(O. 38 r. 14)
(Heading as in cause or matter)
To (names of witnesses).
You are required to attend before (Mr. Justice .........................................................) in chambers, at the High Court in Hong Kong on ............................................................... day the ........................ day of .......................................................................... 19 ......... at ...................................................... and so from day to day until your evidence shall have been taken, to give evidence on behalf of the (plaintiff) or (defendant) in the above-named cause (and it is also required to bring with you and produce at the time and place aforesaid describe the documents or things to be produced).
Witness (as in No. 28).
Issued (as in No. 28).
(L.N. 251 of 1997; L.N. 313 of 1997; 25 of 1998 s. 2)
No. 31
Summons for examination within jurisdiction of witness before trial
(O. 39 r. 1)
(Heading as in cause or matter)
Let all parties concerned attend the Judge (or Registrar) in chambers at the High Court in Hong Kong on ................ the ............................. day of ......................................... 19 ...... at ..................... o'clock on the hearing of an application on the part of ........................ ............................................. that A.B. a witness on behalf of the .................................... be examined forthwith before a Judge, [the Registrar] or one of the examiners of the Court (or an examiner to be agreed upon) upon the usual terms, and that the costs of this application be (costs in the cause).
Dated the ............... day of ......................... 19 ........
This summons was taken out by ........................................................................... of ......................................
solicitor for the .........................................................................
To the above-named ............................... (and ................................................ his solicitor).
(L.N. 313 of 1997; 25 of 1998 s. 2)
No. 32
Order for examination within jurisdiction of witness before trial
(O. 39 r. 1)
(Heading as in cause or matter)
On hearing (the solicitors on both sides) and on reading the affidavit of ....................... filed herein the ..............
day of ............................ 19 .........
It is ordered that ............................................................... a witness on behalf of the ....................................................... be examined viva voce on oath or affirmation before a Judge, the Registrar or one of the examiners of the Court (or ..................................... Esq., the examiner agreed upon or an examiner to be agreed upon), the plaintiff's (or defendant's) solicitor giving to the defendant's (or plaintiff's) solicitor .......................................... days' notice in writing of the time and place where the examination is to take place (or state the time and place if fixed by the order). And it is ordered that the depositions taken at the examination be filed in the Registry of the High Court, and that office copies thereof may be read and given in evidence on the trial of this cause, saving all just exceptions, without any further proof of the absence of the said witness than the affidavit of the solicitor of the party using the same, as to his belief, and that the costs of this application (and of the examination) be (costs in the cause).
Dated the ............... day of ......................... 19 ........
(L.N. 251 of 1997; 25 of 1998 s. 2)
No. 33
Summons for issue of letter of request to judicial authority out of jurisdiction
(O. 39 r. 2)
(Heading as in cause or matter)
Let all parties (as in No. 31) on the hearing of an application on the part of .........................................................
for an order that a letter of request shall issue to the proper judicial authority of .......................... for the examination of
E.F. and G.H. and other witnesses on the plaintiff's (or the defendant's) behalf at .............................................. in (name of country), and that the action be stayed until the return of the said letter of request and examination, and that the costs of and incidental to this application and the said letter of request and examination be costs in the cause.
Dated, etc. (conclude as in No. 31).
No. 34
Order for issue of letter of request to judicial authority out of jurisdiction
(O. 39 r. 2)
(Heading as in cause or matter)
On hearing (as in No. 32).
It is ordered that a letter of request do issue directed to the proper judicial authority for the examination of the following witnesses, namely:
E.F. of .....................................................
G.H. ........................................................
And it is ordered that the depositions taken pursuant thereto when received be filed in the Registry of the High Court and that office copies thereof may be read and given in evidence on the trial of this action, saving all just exceptions, without any further proof of the absence of the said witnesses than the affidavit of the solicitor of the party using the same as to his belief.
And it is ordered that (the trial of this action be stayed until the said depositions have been filed and that) the costs of and incidental to the application for this order and the said letter of request and examination be (costs in the cause).
Dated the ............... day of ......................... 19 ........ (25 of 1998 s. 2)
No. 35
Letter of request for examination of witness out of jurisdiction
(O. 39 r. 3)
To the Competent Judicial Authority of ..................................................................... in the ......................
of ...................................................................................................
WHEREAS an action is now pending in the High Court of Hong Kong in which ................ is plaintiff
and ......................................... is defendant and in which the plaintiff
claims ............................................................................................................................
AND WHEREAS it has been represented to the said Court that it is necessary for the purposes of justice and for the due determination of the matters in dispute between the parties that the following persons should be examined as witnesses upon oath touching such matters, namely ............................. of ................................ and ............................... of ............................. and it appears that such witnesses are resident within your jurisdiction.
Now I .............................................................. the Registrar of the High Court in Hong Kong hereby request that for the reasons aforesaid and for the assistance of the said Court you will be pleased to summon the said witnesses (and such other witnesses as the agents of the said plaintiff and defendant shall humbly request you in writing so to summon) to attend at such time and place as you shall appoint before you, or such other person as according to your procedure is competent to take the examination of witnesses, and that you will cause such witnesses to be examined viva voce (or upon the interrogatories which accompany this letter of request) touching the said matters in question in the presence of the agents of the plaintiff and defendant or such of them as shall, on due notice given, attend the examination.
And I further request that you will permit the agents of both the plaintiff and defendant or such of them as shall be present to examine (upon interrogatories and viva voce upon the subject-matter thereof or arising out of the answers thereto) such witnesses as may, after due notice in writing, be produced on their behalf, and the other party to cross-examine the said witnesses (upon cross-interrogatories and viva voce) and the party producing the witness for examination to re-examine him viva voce.
And I further request that you will be pleased to cause the evidence of the said witnesses (or the answers of the said witnesses and all additional viva voce questions, whether on examination, cross-examination or re-examination) to be reduced into writing and all books, letters, papers and documents produced on such examination to be duly marked for identification, and that you will be further pleased to authenticate such examination by the seal of your tribunal or in such other way as is in accordance with your procedure and to return it together with (the interrogatories and cross-interrogatories and) a note of the charges and expenses payable in respect of the execution of this request through the British Consul from whom the same was received (or ........, one of Her Majesty's Secretaries of State) for transmission to the High Court, Hong Kong.
And I further request that you will cause me, or the agents of the parties if appointed, to be informed of the date and place where the examination is to take place.
Dated the ............... day of ......................... 19 ........ (25 of 1998 s. 2)
No. 36
Summons for appointment of examiner to take evidence of witness out of jurisdiction
(O. 39 r. 2)
(Heading as in cause or matter)
Let all parties (as in No. 31) on the hearing of an application on the part of ..................................................................................... for an order that (the British Consul at ......................................................................................... in (name of country) or his deputy) (.......................................... Esq.) be appointed as special examiner for the purpose of taking the examination, cross-examination, and re-examination, viva voce, on oath or affirmation, of ........................................... and ..........................................................., witnesses on behalf of the ............................., at ........................................................ in (name of country) on the usual terms and that the costs of and incidental to this application and the said examination be costs in the cause.
Dated, etc. (conclude as in No. 31).
No. 37
Order for appointment of examiner to take evidence of witness out of jurisdiction
(O. 39 r. 2)
(Heading as in cause or matter)
On hearing the solicitors on both sides and on reading the affidavit of .......................... filed the .......................
day of ....................... 19 ........
It is ordered that the British Consul or his deputy at ................................................... (or ........................................ Esq.) be appointed as special examiner for the purpose of taking the examination, cross-examination and reexamination viva voce, on oath or affirmation, of ............ witnesses on the part of ........................ at ...................... in (name of country). The examiner shall be at liberty to invite the attendance of the witnesses and the production of documents, but shall not exercise any compulsory powers. Otherwise such examination shall be conducted in accordance with the procedure followed in the Court of First Instance of Hong Kong. The ............. solicitors to give to the .................................. solicitors ..................... days' notice in writing of the date on which they propose to send out this order to ........................................ for execution, and that .......................................... days after the service of such notice the solicitors for the plaintiff and defendant respectively do exchange the names of their agents at ....................................................... to whom notice relating to the examination of the said witnesses may be sent. And that .................................................. days (exclusive of Sunday) before the examination of any witness hereunder notice of such examination shall be given by the agent of the party on whose behalf such witness is to be examined to the agent of the other party, unless such notice be dispensed with. And that the depositions when taken, together with any documents referred to therein, or certified copies of such documents, or of extracts therefrom, be sent by the examiner, under seal, to the Registrar of the High Court in Hong Kong, on or before the .......................... day of ............................................ next, or such further or other day as may be ordered, there to be filed in the proper office. And that either party be at liberty to read and give such depositions in evidence on the trial of this action, saving all just exceptions. And that the trial of this action be stayed until the filing of such depositions. And that the costs of and incidental to the application for this order and such examination be costs in the cause.
Dated the ............... day of ......................... 19 ........
(L.N. 313 of 1997; 25 of 1998 s. 2)
No. 38
Notice of Motion
(O. 8 r. 3)
(Heading as in cause or matter)
Take notice that (pursuant to the leave of ............................ given on the .................. day of .......................
19 .........) the Court (or Mr. Justice .........................................) will be moved ................. the ................. day
of ................................... 19 ........., at ............. o'clock, or so soon thereafter as counsel can be heard, by
(Mr. | .............................. | of | .............................) | counsel | for | the | above-named | plaintiff | (or | defendant) | ||||||
---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
that | ........................................................... | and | that | the | costs | of | the | application | ||||||||
be ..................................................................................... |
Dated the ............... day of ......................... 19 ........
(Signed) ..............................................................
of ..........................................................
Solicitor for .........................................................
To Solicitor for ..............................................
(L.N. 251 of 1997)
No. 39
Default judgment in action for liquidated demand
(O. 13 r. 1; O. 19 r. 2; O. 42 r. 1)
(Heading as in action) The .................. day of .......................... 19 ........ No notice of intention to defend having been given (or no defence having been served) by the defendant herein,
it is this day adjudged that the defendant do pay the plaintiff $ .................................... and
$ .......................................................... costs (or costs to be taxed).
(The above costs have been taxed and allowed at $ ................................................... as appears by a taxing
officer's certificate dated the .......................................................... day of ............................................. 19 ..........).
(L.N. 251 of 1997)
No. 40
Default judgment in action for unliquidated damages
(O. 13 r. 2; O. 19 r. 3; O. 42 r. 1)
(Heading as in action)
The .................. day of .......................... 19 ........ No notice of intention to defend having been given (or no defence having been served) by the defendant herein, it is this day adjudged that the defendant do pay the plaintiff damages to be assessed.
The amount found due to the plaintiff under this judgment having been certified at $ ...........................................
as appears by the (Judge's or Registrar's certificate or as may be) filed the .................... day of ..........................
19 ........
It is adjudged that the defendant do pay the plaintiff $ ............................... and costs to be taxed.
The above costs, etc. (as in No. 39).
(Note:-This form is a combined form of interlocutory and final judgment. The plaintiff may at his option enter interlocutory judgment by omitting the words below the line in the form and enter a separate final judgment in Form No. 43.)
(L.N. 251 of 1997)
No. 41
Default judgment in action relating to detention of goods
(O. 13 r. 3; O. 19 r. 4; O. 42 r. 1) (Heading as in action)
The .................. day of .......................... 19 ........
No notice of intention to defend having been given (or no defence having been served) by the defendant herein.
It is this day adjudged that the defendant do deliver to the plaintiff the goods described in the writ of summons
(or statement of claim) as (description of goods) or pay the plaintiff the value of the said goods to be assessed (and also damages for their detention to be assessed). or It is this day adjudged that the defendant do pay the plaintiff the value of the goods described in the writ of summons (or statement of claim) to be assessed (and also damages for their detention to be assessed).
The value of the said goods having been assessed at $ ........... (and damages at $ ...........................) as appears by
the (Judge's or Registrar's certificate or as may be) filed the ...................... day of ............................... 19 ...... .
It is adjudged that the defendant do pay the plaintiff $ ............. and costs to be taxed.
The above costs, etc. (as in No. 39).
(Note:-See the note to No. 40.)
(L.N. 251 of 1997)
No. 42
Default judgment in action for possession of land
(O. 13 r. 4; O. 19 r. 5; O. 42 r. 1)
(Heading as in action) The .................. day of .......................... 19 ........ No notice of intention to defend having been given (or no defence having been served) by the defendant herein,
it is this day adjudged that the defendant do give the plaintiff possession of the land described in the writ of summons (or statement of claim) as ............................... and pay the plaintiff $ ................ costs (or costs to be taxed). The above costs, etc. (as in No. 39).
(L.N. 251 of 1997)
No. 42A
Order for possession
(O. 113 r. 6)
[Heading as in summons]
Upon hearing ................................. and upon reading the affidavit of ..................... filed the ....................... day
of ................................ 19 ......., it is ordered that the plaintiff A.B. do recover possession of the land described in the
originating summons as ........................................... [and that the defendant .............................................. do pay the
plaintiff $ ............... costs [or costs to be taxed]].
The above costs have been taxed and allowed at $ ....................................... as appears by a taxing master's
certificate dated the ...................... day of ............................. 19 .......
Dated the ............... day of ......................... 19 ........
(L.N. 251 of 1997)
No. 43
Final judgment after assessment of damages, etc.
(O. 42 r. 1)
(Heading as in action) The .................. day of .......................... 19 ........ The plaintiff having on the ............... day of ............................................. 19 .......... obtained interlocutory
judgment herein against the defendant for damages (or as may be) to be assessed, and the amount found due to the plaintiff having been certified at $ .................. as appears by the (Judge's or Registrar's certificate or as may be) filed the ............................................... day of .......................... 19 ..........
It is this day adjudged that the defendant do pay the plaintiff $ ................................... and costs to be taxed. The above costs, etc. (as in No. 39).
(L.N. 251 of 1997)
No. 44
Judgment under Order 14
(O. 14 r. 3; O. 42 r. 1)
(Heading as in action) The .................. day of .......................... 19 ........ The defendant having given notice of intention to defend herein and the Court having under Order 14, rule 3
ordered that judgment as hereinafter provided be entered for the plaintiff against the defendant. It is this day adjudged that the defendant do pay the plaintiff $ ............................... and $ ........................ costs (or costs to be taxed) or pay the plaintiff damages to be assessed and costs to be taxed or
deliver to the plaintiff the goods described in the writ of summons (or statement of claim) as .......................................................... (or pay the plaintiff the value of the said goods to be assessed) (and also
damages for their detention to be assessed) and costs to be taxed | |
---|---|
or | |
give the plaintiff possession of the land described in the writ of summons (or as ............................ and costs to be taxed. | statement of claim) |
The above costs, etc. (as in No. 39). | (L.N. 251 of 1997) |
------------------- |
No. 45
Judgment after trial before judge without jury
(O. 42 r. 1)
(Heading as in action)
Dated and entered the ............... day of .................................................... 19 .........
This action having been tried before the Honourable Mr. Justice ................................ without a jury, at the High Court, Hong Kong, and the said Mr. Justice ............................... ....................................................... having on the ................. day of ..................... 19 ......... ordered that judgment as hereinafter provided be entered for the plaintiff (or defendant) (and directed that execution be stayed for the period and on the terms hereinafter provided).
It is adjudged that the defendant do pay the plaintiff $ ................................................ and his costs of action to be taxed (or that the plaintiff do pay the defendant his costs of defence to be taxed or as may be according to the judge's order).
(It is further adjudged that execution be stayed for ....................................... days and if within that time the ....................................... gives notice of appeal and sets down the appeal, execution be further stayed until the determination of the appeal or as may be according to the judge's direction).
The above costs, etc. (as in No. 39).
(L.N. 251 of 1997; 25 of 1998 s. 2)
No. 46
Judgment after trial before judge with jury
(O. 42 r. 1)
(Heading as in action) Dated and entered the ............... day of .................................................... 19 ......... This action having been tried before the Honourable Mr. Justice ................................ with a jury and the jury
having found (state findings) and the said Mr. Justice ...................... having on the ..................... day
of ................................. 19 ........ ordered that judgment as hereinafter provided be entered for (etc. as in No. 45).
(L.N. 251 of 1997)
No. 48
Judgment after decision of preliminary issue
(O. 33 r. 7; O. 42 r. 1)
(Heading as in cause or matter)
Dated and entered the ................ day of ......................... 19 .........
The issue (or question) arising in this cause (or matter) by the order dated the ................. day
of ........................ 19 ...... ordered to be tried before ................................
.......................................................................................... having on the ................ day of .......................... 19 ....... been
tried before the said ........................................ and the said ................................................................ having
found ........................... and having ordered that judgment as hereinafter provided be entered for
the ........................................
.................................................... (or having dismissed the cause or matter).
It is adjudged that (the defendant do pay the plaintiff $ ........................................ and his costs of action to be taxed) (the plaintiff do pay the defendant his costs of defence to be taxed) or as may be according to the order made.
(L.N. 251 of 1997)
No. 49
Judgment for liquidated sum against personal representative
(O. 42 r. 1)
(Heading as in action)
Dated and entered the .............. day of .......................... 19 ........ (Recital as in No. 39, 43-48 according to the circumstances in which judgment was obtained).
It is adjudged that the defendant as executor (or administrator) of the above named ...................................................... deceased do pay the plaintiff $ ................................... and costs to be taxed, the said sum and costs to be levied of the real and personal estate of the deceased at the time of his death come to the hands of the defendant as such executor (or administrator) to be administered, if he has or shall hereafter have so much thereof in his hands to be administered, and if he has not so much thereof in his hands to be administered, then, as to the costs aforesaid, to be levied of the goods, chattels and other property of the defendant authorized by law to be seized in execution (or as may be according to the order made).
The above costs, etc. (as in No. 39).
(L.N. 251 of 1997)
No. 50
Judgment for defendant's costs on discontinuance
(O. 62 r. 10(1))
(Heading as in action)
The .................. day of .......................... 19 ........
The plaintiff having by a notice in writing dated the ................. day of ....................... 19 .........., discontinued this
action (or withdrawn his claim in this action for ......................
...........................................) and the defendant's costs of the action (or of the claim withdrawn) having been taxed and
allowed at $ ............................... as appears by a taxing officer's certificate dated the ................. day of .......................
19 .........., and the plaintiff not having paid the sum within 4 days after taxation.
It is this day adjudged that the plaintiff do pay the defendant $ ............................. the said taxed costs.
(L.N. 251 of 1997)
No. 51
(Repealed L.N. 152 of 2008)
No. 52
Notice of judgment or order
(O. 44 r. 3)
(Heading as in cause or matter)
Take notice that a judgment (or order) of this Court was given (or made) on the ........................ day
of ................................. 19 ........ by which it was (state substance of judgment or order).
And also take notice that from the time of the service of this notice you (or the infant ...................... or the patient ........................................... as may be) will be bound by the said judgment (or order) to the same extent as you (or he) would have been if you (or he) had originally been made a party.
And also take notice that you (or the said infant or patient) may within one month after the service of this notice apply to the Court to discharge, vary or add to the said judgment (or order) and that after acknowledging service of this notice at the Registry of the High Court in Hong Kong, you (or the said infant of patient) may attend the proceedings under the said judgment (or order).
Dated the ............... day of ......................... 19 ........
To .........................................................
(Signed) ..............................................................
(L.N. 126 of 1995; L.N. 251 of 1997; L.N. 313 of 1997; 25 of 1998 s. 2) No. 53
Writ of fieri facias
(O. 45 r. 12)
(Heading as in action)
To the bailiff ................................................................. :
Whereas in the above named action it was on the ................. day of ........................ 19 ......... adjudged (or
ordered) that the defendant C.D. do pay the plaintiff A.B. $ ............. (and $ ......................... costs or costs to be taxed,
which costs have been taxed and allowed at $ ........... as appears by the certificate of the taxing officer dated
the .................. day of ........................ 19 ........):
It is required that of the goods, chattels and other property of C.D. authorized by law to be seized in execution you cause to be made the sums of $ ....................... and $ ..................... for costs of execution and also interest on $ ................. at the rate of $4 per cent per annum from the .................. day of ........................ 19 ....... until payment (together with bailiff's fees, costs of levying and all other legal, incidental expenses) and that immediately after execution of this writ you pay A.B. in pursuance of the said judgment (or order) the amount levied in respect of the said sums and interest.
And it is also required that you indorse on this writ immediately after execution thereof a statement of the manner in which you have executed it and send a copy of the statement to A.B.
And the court has fixed support and maintenance allowance at the rate of ..................... a day.
Witness .............................................. Chief Justice of Hong Kong, the ................... day of ..................... 19 .......
This writ was issued by ...................... of .............................................. solicitor for ..........................
the .............................................. (or at ..........................). | this writ was issued by A.B. (the plaintiff) in person (L.N. 251 of 1997; L.N. | who resides 313 of 1997) | ||
---|---|---|---|---|
------------------- | ||||
No. 54 |
Writ of fieri facias on order for costs
(O. 45 r. 12)
(Heading as in cause or matter)
To the bailiff ................................................................. :
Whereas in the above named cause (or matter) it was on the .......................... day of ...................... 19 ........
ordered that the .............................................. C.D. do pay the .............................. A.B. costs to be taxed, which costs
have been taxed and allowed at $ .............. as appears by the taxing officer's certificate dated the .................... day
of .................................. 19 ........ :
It is required that of the goods, chattels and other property of C.D. authorized by law to be seized in execution you cause to be made the sum of $ ....................... and $ ............ for cause of execution, and also interest on $ .................................... at the rate of $4 per cent per annum from the .................. day of ............................ 19 ....... until payment together with bailiff's fees, cost of levying and all other legal incidental expenses and that immediately
after execution of this writ you pay A.B. in pursuance of the said order the amount levied in respect of the said sum and interest.
And it is also required (as in No. 53).
And the court (as in No. 53).
Witness (as in No. 53).
This writ (as in No. 53).
(L.N. 251 of 1997; L.N. 313 of 1997)
No. 56
Writ of fieri facias after levy of part
(O. 45 r. 12)
(Heading as in action) To the bailiff ................................................................. : Whereas (as in No. 53). And whereas by our writ issued the ..................... day of .................................... 19 ......... it is required that of the
goods, chattels and other property of C.D. you should cause to be made the sums of $ ........................ and $ ........................ for costs of execution and also interest on $ ....................... at $4 per cent per annum from the ........................ day of ........................ 19 .......... until payment and should pay A.B. in pursuance of the said judgment (or order) the amount levied in respect of the said sums and interest and should indorse on the writ a statement of the manner in which you had executed it and send a copy of the statement to A.B.
And whereas the indorsement on the said writ states that by virtue thereof you (or he) caused to be made of the property aforesaid the sum of $ ......................................
It is required that of the goods, chattels and other property of C.D. authorized by law to be seized in execution you cause to be made the sum of $ .............................., the residue of the said $ ......................., and $ ....................... for costs of execution and also interest on $ ..................... at the rate of $4 per cent per annum from the ................ day of ........................ 19 ......... until payment (continue as in No. 53).
And it is also required (as in No. 53).
And the court (as in No. 53).
Witness (as in No. 53).
This writ (as in No. 53).
(L.N. 251 of 1997; L.N. 313 of 1997)
No. 57
Writ of fieri facias against personal representative
(O. 45 r. 12)
(Heading as in action)
To the bailiff ................................................................. :
Whereas in the above named action it was on the .................. day of ......................... 19 ......... adjudged (or ordered) that the defendant C.D. as executor (or administrator) of E.F. deceased do pay the plaintiff A.B. $ ..................... and $ ......................... costs (or costs to be taxed which costs have been taxed and allowed at $ ..................... as appears by the certificate of the taxing officer dated the ............... day of ........................ 19 ........), the said sums and interest to be levied of the real and personal estate of the said E.F. at the time of his death in the hands of the defendant C.D. as his executor (or administrator) to be administered, if he had or should thereafter have so much thereof in his hands to be administered, (and if he had not, then the said costs to be levied of the goods, chattels and other property of the defendant C.D. authorized by law to be seized in execution):
It is required that of the real and personal estate of E.F. deceased, at the time of his death, which is in the hands of C.D. as his executor (or administrator) to be administered you cause to be made the sums of $ ...................... and $ ..................... for costs of execution and also interest on $ .................................. at the rate of $4 per cent per annum from the ................ day of ................................. 19 ......... until payment (together with bailiff's fees, cost of levying and all other legal incidental expenses) (and if the said C.D. has not so much thereof in his hands to be administered that you cause to be made of the goods, chattels and other property of C.D. authorized by law to be seized in execution the sum of $ ............... for costs) and that immediately after execution of this writ you pay A.B. in pursuance of the said judgment (or order) the amount levied in respect of the said sums and interest.
And it is also required (remainder as in No. 53).
Witness (as in No. 53).
This writ (as in No. 53).
(L.N. 251 of 1997; L.N. 313 of 1997)
No. 63
Writ of fieri facias to enforce foreign registered judgment
(O. 45 r. 12; O. 71)
IN THE HIGH COURT OF HONG KONG
In the matter of the Foreign Judgments (Reciprocal Enforcement) Ordinance (Cap 319).
and
In the matter of a judgment of (describe the court) obtained in (describe the cause or matter) and dated the ................... day of ............................... 19 .......
To the bailiff ........................................................... :
Whereas by a judgment dated the ...................... day of .............................. 19 ........ of (describe the court) registered in our High Court, Hong Kong pursuant to the Foreign Judgments (Reciprocal Enforcement) Ordinance it was adjudged that C.D. do pay A.B. ..................................................... dollars (or as may be) and the amount now due and owing under the said judgment is equivalent to the sum of $ .........................
It is required that of the goods, chattels and other property of C.D. authorized by law to be seized in execution you cause to be made the sums, of $ ..................... and $ ...................... for costs of execution together with bailiff, officers' fees (remainder as in No. 53).
And it is also required (as in No. 53).
Witness (as in No. 53).
This writ (as in No. 53).
(L.N. 251 of 1997; L.N. 313 of 1997; 25 of 1998 s. 2)
No. 64
Writ of delivery: delivery of goods, damages and costs
(O. 45 r. 12)
(Heading as in action)
To the bailiff ................................................................. :
Whereas in the above named action it was on the ...................................................... day of .............................
19........ adjudged (or ordered) that the defendant C.D. do deliver to the plaintiff A.B. the following goods, namely
(describe the goods delivery of which has been adjudged or ordered) (and
$ ...................................................................... damages) and $ ................................ costs (or costs to be taxed, which
costs have been taxed and allowed at $ ......................... as appears by the certificate of the taxing officer dated
the ..................... day of ........................... 19 .........):
It is required that you cause the said goods to be delivered to A.B. and that of the goods, chattels and other property of C.D. authorized by law to be seized in execution you cause to be made the sums of $ ........................ and $ ........................ for costs of execution and also interest on $ ............................................... at the rate of $4 per cent per annum from the ..................... day of .................................. 19........ until payment together with bailiff's fees, costs of levying and all other legal incidental expenses and that immediately after execution of this writ you pay A.B. in pursuance of the said judgment (or order) the amount levied in respect of the said sums and interest.
And it is also required that you indorse (remainder as in No. 53).
Witness (as in No. 53).
This writ (as in No. 53).
(L.N. 251 of 1997; L.N. 313 of 1997)
No. 65
Writ of delivery: delivery of goods or value, damages, costs
(O. 45 r. 12) (Heading as in action)
To the bailiff ................................................................. :
Whereas in the above named action it was on the ...................................................... day of ..............................
19 ......... adjudged (or ordered) that the defendant C.D. do deliver to the plaintiff A.B. the following goods, namely
(describe the goods delivery of which has been adjudged or ordered) or do pay him
$ ........................................................ being the assessed value of the said goods, (and $ ............... damages) and
$ ............... costs (or costs to be taxed, which costs have been taxed and allowed at $ ................................ as appears
by the certificate of the taxing officer dated the ................... day of ........................ 19 .........).
It is required that you cause the said goods to be delivered to A.B. and that if possession of the said goods cannot be obtained by you you cause to be made of the goods, chattels and other property of C.D. authorized by law to be seized in execution $ ................. the assessed value of the said goods and pay it to A.B.
And it is also required that of the said property of C.D. you cause to be made the sums of $ .................. for (damages and) costs and $ ..................... for costs of execution and also interest on $ .................................................................. at the rate of $4 per cent per annum from the .................. day of ....................................................... 19 ....... until payment together with bailiff's fees, costs of levying and all other legal incidental expenses and that immediately after execution of this writ you pay A.B. in pursuance of the said judgment (or order) the amount levied in respect of the said sums and interest.
And it is also required that you indorse (remainder as in No. 53).
Witness (as in No. 53).
This writ (as in No. 53).
(L.N. 251 of 1997; L.N. 313 of 1997)
No. 66
Writ of possession
(O. 45 r. 12)
(Heading as in action) To the bailiff ................................................................. : Whereas in the above named action it was on the ...................................................... day of ......................
19 ......... adjudged (or ordered) that the defendant C.D. do give the plaintiff A.B. possession of (describe the land
delivery of which has been adjudged or ordered) and do pay him ($ ...................... and) $ ...................... costs (or
costs to be taxed, which costs have been taxed and allowed at $ .................. as appears by the taxing officer's
certificate dated the ............ day of ..................... 19 .......):
It is required that you enter the said land and cause A.B. to have possession of it.
And it is also required that of the goods, chattels and other property (remainder as in No. 53).
And it is also required that you indorse (as in No. 53).
Witness (as in No. 53).
This writ (as in No. 53).
(L.N. 251 of 1997; L.N. 313 of 1997)
No. 66A
Writ of Possession
(O. 113 r. 7)
[Heading as in summons] To the bailiff ................................................................. : Whereas it was on the ............... day of ..................................................... 19 ........ ordered that the plaintiff A.B.
do recover possession of [describe the land recovery of which has been ordered] [and that the defendant C.D. do pay him $ ............................................. costs [or costs to be taxed, which costs have been taxed and allowed at $ ......................... as appears by the taxing master's certificate dated the ............................................. day of ........................ 19 ...........]]:
It is required that you enter the said land and cause A.B. to have possession of it.
[And it is also required that of the goods, chattels and other property [remainder as in No. 53].]
Witness (as in No. 53).
This writ (as in No. 53).
Dated this ............... day of ......................... 19 ........
(L.N. 251 of 1997; L.N. 313 of 1997)
No. 67
Writ of sequestration
(O. 45 r. 12)
(Heading as in cause or matter) To (names of not less than four commissioners) : Whereas in the above named action (or matter) in our High Court, Hong Kong it was on the ................ day
of .................................................................................................. 19 ................................... adjudged (or ordered) that
C.D. should (pay into Court the sum of $ ....................... or as may be):
You are hereby authorized and directed by this writ that you, or any two or three of you, may enter upon and take possession of all the real and personal estate of the said C.D. and may collect, receive and get into your hands the rents and profits of his real estate and all his personal estate and keep the same under sequestration in your hands until the said C.D. shall (pay into Court to the credit of the said action or matter the sum of $................... or as may be) and clear his contempt and the said Court make other order to the contrary.
Witness (as in No. 53).
This writ was issued (as in No. 53).
(L.N. 251 of 1997; L.N. 313 of 1997; 25 of 1998 s. 2)
No. 68
Writ of restitution
(O. 46 r. 1)
(Heading as in action) To the bailiff ................................................................. : Whereas in the above named action it was on the ..................................................... day of ........................
19 ......... adjudged (or ordered) that the defendant C.D. do give the plaintiff A.B. possession of (describe the land delivery of which was adjudged or ordered):
And whereas on the ............. day of ......................................................... 19 ....... a writ of possession was issued pursuant to the said judgment (or order) directing you to give possession of the said land to the said A.B., but it appearing to the High Court, Hong Kong that certain other persons have wrongfully taken possession of the said land and the said Court having on the ........................ day of ......................................................... 19 ........ ordered that a writ of restitution should issue in respect of the said land:
It is required that you enter the said land and cause A.B. to have restitution thereof.
And it is also required that you indorse (remainder as in No. 53).
Witness (as in No. 53).
This writ (as in No. 53).
(L.N. 251 of 1997; L.N. 313 of 1997; 25 of 1998 s. 2)
No. 69
Writ of assistance
(O. 46 r. 1)
(Heading as in action)
To the present and any future bailiff ........................................................................ :
Whereas by an order dated the .............. day of ........................................... 19 ....... made in an action in the High Court, Hong Kong between A.B., plaintiff, and C.D., defendant, the said C.D. was ordered to give to the said A.B. possession of the goods therein described, namely (describe the goods), but he the said C.D. and other persons have refused to obey the order and keep the possession of the goods in contempt of the said Court:
And whereas by an order made in the said action dated the ........................................ day of ........................................ 19 ........ it was ordered that a writ of assistance should issue to give the said A.B. possession of the said goods:
It is required that you put the said A.B. and his assigns into full peaceable and quiet possession of the said goods
and defend and keep him and his assigns in such peaceable and quiet possession, when and as often as any interruption thereof is at any time effected, according to the intent of the said orders. And herein you are not in any wise to fail. Witness (as in No. 53). This writ (as in No. 53).
(L.N. 165 of 1992; L.N. 251 of 1997; L.N. 313 of 1997; 25 of 1998 s. 2)
No. 71
Notice of renewal of writ of execution
(O. 46 r. 8) (Heading as in cause or matter) Take notice that the writ of ....................................... issued in this cause (or matter) directed to the bailiff and bearing date the ...................... day of ........................................ 19 ......... has by order dated the .................. day
of .......................................................... 19 ......... been renewed for one year beginning with the date of the said order. To the bailiff.
(Signed) Solicitor for ..........................................
No. 72
Garnishee order to show cause
(O. 49 r. 1) In the High Court of Hong Kong
19 ......., No. ..............
(Mr. Justice ................ Judge in chambers)
Between | A.B. | Judgment creditor |
AND | ||
C.D. | Judgment debtor | |
F.G. | Garnishee |
Upon reading the affidavit of ................................................ filed the ................ day
of ................................................. 19 .......:
It is ordered by (Mr. Justice ...................................... ) that all debts due or accruing due from the above-mentioned garnishee to the above-mentioned judgment debtor (in the sum of $ ........................) be attached to answer a judgment recovered against the said judgment debtor by the above-named judgment creditor in the High Court on the ............................................ day of ............................................ 19 ......... for the sum (or to answer an order made in the High Court on the .......................... day of ............................................... 19 .......; ordering payment by the said judgment debtor to the above-named judgment creditor of the sum) of $ .................... (debt and $ .................... costs) and interest at the judgment rate calculated from the date on which maintenance payment is due to the date of payment and surcharge at a rate to be decided by the High Court, as referred to in Order 49, rule 2(ba)(i) and (ii) (together with the costs of the garnishee proceedings) on which judgment (or order) the sum of $ ................... remains due and unpaid.
And it is ordered that the said garnishee attend Mr. Justice ..................................... in Chambers, at the High Court, in Hong Kong on the .................................................. day of ................................... 19 ....... at .......... o'clock, on an application by the said judgment creditor that the garnishee do pay to the said judgment creditor the debt due from the said garnishee to the said judgment debtor, or so much thereof as may be sufficient to satisfy the said judgment (or order), and interest at the judgment rate calculated from the date on which maintenance payment is due to the date of payment and surcharge at a rate to be decided by the High Court, as referred to in Order 49, rule 2(ba)(i) and (ii) together with the costs of the garnishee proceedings.
Dated the ............... day of ......................... 19 ........
To the above-named garnishee and judgment debtor.
(L.N. 251 of 1997; L.N. 313 of 1997; 25 of 1998 s. 2; 18 of 2003 s. 15)
No. 73
Garnishee order absolute where garnishee owes more than judgment debt
(O. 49 rr. 1, 4)
(Heading as in No. 72)
Upon hearing the solicitors for the judgment creditor and the garnishee, and upon reading the affidavit of ....................................................................... filed herein, and the order to show cause made herein dated the ................... day of ......................................... 19 ........., whereby it was ordered that all debts due or accruing due from the above-named garnishee to the above-named judgment debtor should be attached to answer a judgment recovered against the said judgment debtor by the above-named judgment creditor in the High Court on the ................ day of ............................... 19 ....... for the sum (or to answer an order made in the High Court dated the ................. day of ............................. 19 ....... ordering payment by the said judgment debtor to the above-named judgment creditor of the sum) of $ ...................... (debt and $ ...................... costs) and interest at the judgment rate calculated from the date on which maintenance payment is due to the date of payment and surcharge at a rate to be decided by the High Court, as referred to in Order 49, rule 2(ba)(i) and (ii) (together with the costs of the garnishee proceedings) on which judgment (or order) the sum of $ ................. remained due and unpaid:
It is ordered that the said garnishee do forthwith pay to the said judgment creditor $ .......... being so much of the debt from the said garnishee to the said judgment debt, $ ........... interest and $ ........... surcharge, as referred to in Order 49, rule 2(ba)(i) and (ii) or as is sufficient to satisfy the said judgment debt and costs, together with $ .................. the costs of the garnishee proceedings, and that the said garnishee be at liberty to retain $ .................. for his costs of this application out of the balance of the debt due from him to the judgment debtor.
Dated the ............... day of ......................... 19 ........
(L.N. 251 of 1997; 25 of 1998 s. 2; 18 of 2003 s. 15)
No. 74
Garnishee order absolute where garnishee owes less than judgment debt
(O. 49 rr. 1, 4)
(Heading as in No. 72)
Upon hearing (as in No. 73).
It is ordered that the said garnishee (after deducting therefrom $ ................................ for his costs of this application) do forthwith pay to the said judgment creditor $ .............. the debt due from the said garnishee to the said judgment debtor and $........... interest and $........... surcharge, as referred to in Order 49, rule 2(ba)(i) and (ii). And that the sum of $ ...................................... the costs or the judgment creditor of this application be added to the judgment debt and be retained out of the money recovered by the said judgment creditor under this order and in priority to the amount of the judgment debt.
Dated the ............... day of ......................... 19 ........
(L.N. 251 of 1997; 18 of 2003 s. 15)
No. 75
Charging order: notice to show cause
(O. 50, r. 1)
(Heading as in cause or matter)
Upon hearing the ....................... and upon reading the affidavit of ................ filed herein the ........... day
of ................................. 19 ........ whereby it appears that by a judgment (or order) made in the Court of First Instance
on the ............ day of ......................................... 19 ........ the defendant was ordered to pay to the plaintiff the sum of
$ .......................................... and $ ............................... costs on which judgment (or order) the sum of
$ ............................. remains due and unpaid and that the defendant has a beneficial interest in the asset specified in
the schedule hereto:
It is ordered by (Mr. Justice/Master ....................................) that unless sufficient cause to the contrary be shown before (Mr. Justice/Master ................................................ at the High Court of Hong Kong, 38 Queensway, Hong Kong) on the ............. day of .............................. 19 ......., at .............................. o'clock, the defendant's interest in the said asset shall, and it is ordered that in the meantime it do, stand charged with the payment of $ ................................ due on the said judgment (or order) and (interest thereon at the statutory rate) (interest at the judgment rate calculated from the date on which maintenance payment is due to the date of payment and surcharge at a rate to be decided by the Court, as referred to in Order 50, rule 1(3)(ba)(i) and (ii)) together with the costs of this application.
Dated the ............... day of ......................... 19 ........
SCHEDULE
(Describe with full particulars the relevant land, securities, funds or trust, stating, in relation to securities, their full title, the amount of them and the name in which they stand and whether the beneficial interest charged is in the securities only or in dividends or interest as well, and stating, in relation to funds in court, the number of the account).
(L.N. 251 of 1997; 25 of 1998 s. 2; 18 of 2003 s. 15)
No. 76
Charging order absolute
(O. 50, r. 3)
(Heading as in cause or matter)
Upon hearing the ................. and upon reading the affidavits of ................................. and ................. filed herein
the ............ day of ................................................... 19 ......... and the order to show cause made herein on the .............
day of .................... 19 .........:
It is ordered that the interest of the defendant C.D. in the asset specified in the schedule hereto stand charged
with the payment of $ ........................., the amount due from the defendant to the plaintiff A.B. on a judgment (or
order) of the Court of First Instance dated the .............. day of ...................... 19 ........., and (interest thereon at the
statutory rate) ($........... interest and $........... surcharge, as referred to in Order 50, rule 1(3)(ba)(i) and (ii)) together
with $ ................. the costs of this application, the said costs to be added to the judgment debt.
Dated the ............... day of ......................... 19 ........
SCHEDULE
(Describe with full particulars the relevant land, securities, funds or trust, stating, in relation to securities, their full title, the amount of them and the name in which they stand and whether the beneficial interest charged is in the securities only or in dividends or interest as well, and stating, in relation to funds in court, the number of the account).
STOP NOTICE
To the (describe the person having custody of the security)
Take notice that, in relation to the securities specified in the schedule to this order, you may not, without notice to (name of the plaintiff) at (his address for service) register any transfer, or make any redemption payment, or, in the case of a unit trust, deal with the units, or, where dividends or interest are included in the order, pay any dividend or interest.
SCHEDULE
(L.N. 251 of 1997; 25 of 1998 s. 2; 18 of 2003 s. 15)
No. 77
(Repealed L.N. 356 of 1988)
No. 78
(Repealed L.N. 356 of 1988)
No. 79
Stop order on capital and income of funds in court
(O. 50 r. 10) (Heading as in cause or matter)
Upon hearing ..................................... for the plaintiff A.B. and .......................... for the defendant C.D. and upon
reading the affidavit of ........................................ filed herein the ............ day of ..................... 19 .....:
It is ordered that no part of the capital of (describe funds) in court to the credit of this action (or matter) (state title of action or matter), the account of C.D., and of the sum of $ ................. cash (being income) in court to the same credit, and of any interest or dividends to accrue due on the said funds in court, to which the said C.D. is (or may become) entitled, be transferred, sold, paid or otherwise dealt with without notice to the said A.B.
Dated the ............... day of ......................... 19 ........
(L.N. 251 of 1997)
No. 80
Affidavit and notice under O. 50 r. 11
(O. 50 r. 11) IN THE HIGH COURT OF HONG KONG In the matter of (state the settlement or other document under which the deponent's interest arises giving the date and other particulars sufficient to identify the document). and In the matter of Order 50, rule 11, of the Rules of the High Court. I, A.B. (or C.D. the solicitor of A.B.) of ............................................. make oath and say that according to the best of my knowledge, information and belief I am (or the said A.B. is) beneficially entitled under the above-
mentioned settlement (or as may be) to an interest in the securities specified in the notice hereto annexed. Sworn, etc. ...................... This affidavit is filed on behalf of A.B. whose address is ............................................
Notice to be annexed to affidavit
To .................................. Co. Ltd.
Take notice that the securities comprised in and subject to the trusts of the settlement (or as may be) referred to in the affidavit to which this notice is annexed consist of the following, namely (specify the stock, shares, etc. stating the names in which it stands).
This notice is intended to stop the transfer of the said securities and not the payment of any dividend thereof or interest thereon (or and also the payment of any dividend thereof or interest thereon).
(Signed) A.B. (or C.D. if affidavit sworn by him) (25 of 1998 s. 2)
No. 81
Order on originating summons restraining transfer of stock, etc.
(O. 50 r. 15)
In the High Court of the Hong Kong Special Administrative Region
20 ......., No. ..............
In the matter of the trusts of
...............................................................
and
In the matter of Order 50, rule 15, of the Rules of the High Court.
Upon the hearing of the originating summons for an injunction this day made unto this Court by counsel for the applicant A.B.:
And the applicant by his counsel undertaking to abide by any order the Court may hereafter make should it decide that the respondents (the ................................................... ................... Co. Ltd.) have sustained damage by reason of this order and are entitled to damages which the applicant ought to pay:
It is ordered that (the ............................................. Co. Ltd.) be restrained until the .................. day of .......................................................... 20 ........ or further order from permitting the transfer of (describe stock) standing in the name of (state name of holder of stock) in their books, or any part thereof, and from paying any dividend or interest due or to become due thereon.
Dated the ............... day of ......................... 20 ........
(L.N. 251 of 1997; 25 of 1998 s. 2; L.N. 152 of 2008)
No. 82
Summons for appointment of receiver
(O. 51 r. 3)
(Heading as in action)
Let the defendant C.D. attend the (Judge in chambers, at the High Court in Hong Kong) on ................................................................................................................... the ............ day of .............................. 19 ........ at .............. o'clock on the hearing of an application on the part of the plaintiff for an order that a receiver be appointed (or that P.R. be appointed receiver) in this action to receive the rents, profits and moneys receivable in respect of the interest of the defendant C.D. in the following property, namely (describe the property) in or towards satisfaction of the moneys and interest due to the plaintiff under the judgment (or order) in this action dated the ............... day of ............................. 19 ........ and for an order as to the costs of this application.
Dated the ............... day of ......................... 19 ........
This summons was taken out by ...................... of ......................
To the above-named ......................... (and his solicitor).
(L.N. 251 of 1997; L.N. 313 of 1997; 25 of 1998 s. 2)
No. 83
Order directing summons for appointment of receiver and granting injunction meanwhile
(O. 51 r. 3)
(Heading as in action)
Upon reading the affidavit of ....................................... filed the ........................... day of ...................... 19 .......:
Let the defendant C.D. attend the (Judge in chambers, at the High Court in Hong Kong) on the ................... day of .......................................... 19 ........... at ........... o'clock on the hearing of an application on the part of the plaintiff for the appointment of P.R. as receiver in this action, on the usual terms, to receive the rents, profits and moneys receivable in respect of the said defendant's interest in the following property, namely (describe the property) in or towards satisfaction of the sum of $ .................. debt and $ ................. costs, and interest on the said sums at the rate of $4 per cent per annum from the ......................................... day of ....................... 19 ....... due under the judgment (or order) in this action dated the .......... day of ....................... 19 .......
And the plaintiff (by his solicitor) hereby undertaking to abide by any order the Court may hereafter make should it decide that the said defendant has sustained damage by reason of this order and is entitled to damages which the plaintiff ought to pay, it is ordered that the said defendant by himself, his agents or servants, or otherwise, be restrained, and an injunction is hereby granted restraining him, until after the hearing of the above application, from assigning, charging or otherwise dealing with the said property.
Dated the ............... day of ......................... 19 ........
(L.N. 251 of 1997; L.N. 313 of 1997; 25 of 1998 s. 2)
No. 84
Order appointing receiver by way of equitable execution
(O. 51 r. 1) (Heading as in action) Upon hearing .......................................................... and upon reading the affidavit of ............................................. filed the ......................... day of .................... 19 ........: (If security ordered) It is ordered that P.R. of ............................................... on first giving security to the satisfaction of the Court, be and is hereby appointed to receive the rents, profits and moneys receivable in respect of
the above-named defendant's interest in the following property, namely (describe the property). (If no security ordered and receiver is not the plaintiff) The plaintiff being answerable for the acts and defaults of
the receiver, it is ordered that P.R. of ................................... be and is hereby appointed to receive (continue as above) but he shall not receive more than the amount of the judgment debt and allowed costs of obtaining this order without leave of the Court or first giving (at the plaintiff's cost unless otherwise ordered) the usual security to the satisfaction of the Court.
(If no security ordered and receiver is the plaintiff: as above omitting "The plaintiff being answerable for the acts and defaults of the receiver" and the words after "the Court").
(In all cases continue as follows:-)
That this appointment shall be without prejudice to the rights of any prior incumbrances upon the said property who may think proper to take possession of or receive the same by virtue of their respective securities or, if any prior incumbrances is in possession, then without prejudice to such possession.
And that the tenants of premises comprised in the said property do attorn and pay their rents in arrear and growing rents to the receiver.
And that the receiver have liberty, if he shall think proper (but not otherwise), out of the rents, profits and moneys to be received by him to keep down the interest upon the prior incumbrances, according to their priorities, and be allowed such payments, if any, in passing his accounts.
And that the receiver shall on the ................... day of ............................. (3 months after the date of order), and at such further and other times as may be ordered by the Court leave and pass his accounts, and shall on the ............................................................... day of .................................. (4 months after the date of order) and at such further and other times as may be hereafter ordered by the Court pay the balance or balances appearing due on the accounts so left, or such part thereof as shall be certified as proper to be so paid, such sums to be paid in or towards satisfaction of what shall for the time being be due in respect of the judgment signed on the .................... day of .................................... for the sum of $ ................ debt and $ ............... costs, making together the sum of $ ................
And that the costs of the receiver (including his remuneration), the costs of obtaining his appointment, of completing his security (if any), of passing his accounts and of obtaining his discharge shall not exceed ten per cent of the amount due under the said judgment or the amount recovered by the receiver, whichever is the less, provided that not less than ................... be allowed unless otherwise ordered. Such costs shall be taxed unless assessed by the Court and shall be primarily payable out of the sums received by the receiver, but if there shall be no sums received or the amount shall be insufficient, then upon the certificate of the Court being given stating the amount of the deficiency, such certificate to be given after passing the final account, the amount of the deficiency so certified shall be paid by the defendant to the plaintiff.
It is also ordered that the balance (if any) remaining in the hands of the receiver, after making the several payments aforesaid, shall unless otherwise directed by the Court forthwith be paid by the receiver into Court to the credit of this action, subject to further order.
And that any of the parties be at liberty to apply to the Judge in chambers as there may be occasion.
Dated the ............... day of ......................... 19 ........
(L.N. 251 of 1997)
No. 85
Order of committal
(O. 52 r. 1) (Heading as in action)
Upon hearing the originating summons dated the ................... day of ....................... 20 ........ taken out by the
solicitor for the plaintiff/plaintiff and upon reading (an affidavit of ................................................ filed
the ............................. day of ....................... 20 ...... of service on the defendant C.D. of a copy of the order of the
Court dated the ................ day of .................................... 20 ...... and of notice of hearing of this originating summons):
And it appearing to the satisfaction of the Court that the defendant C.D. has been guilty of contempt of court in (state the contempt):
It is ordered that for his said contempt the defendant do stand committed to ........................ Prison to be there imprisoned (until further order).
(It is further ordered that this order shall not be executed if the defendant C.D. complies with the following terms, namely, ........................................................................ .....................................................................................................................................).
Dated the ............... day of ......................... 20 ........
(L.N. 251 of 1997; L.N. 152 of 2008)
No. 85A
Warrant for committal
(O. 52 r. 1)
IN THE HIGH COURT OF HONG KONG COURT OF FIRST INSTANCE
Between | A.B. | Plaintiff |
AND | ||
C.D. | Defendant |
To: The Chief Bailiff and his assistants and the Commissioner of Correctional Services.
WHEREAS by an order of this Court pronounced this day it was ordered that the above-named [here insert name of defendant], do stand committed to Prison for his/her contempt in the said order mentioned.
You are required to apprehend the said [here insert name of defendant], and him/her safely convey to Prison there to be detained and kept in safe custody until such time as the said Order granted by the Honourable Mr. Justice ........................................... on the ................... day of ........................ 19 ....... shall have been complied with and obeyed or until such time as the said [here insert name of defendant] may be discharged by the Court on his/her application.
Dated the ............... day of ......................... 19 ........
.............................................................. A Judge of the Court of First Instance
(L.N. 251 of 1997; L.N. 313 of 1997; 25 of 1998 s. 2)
------------------- | |
No. 86 | |
Notice of application for leave to apply for judicial review | |
(O. 53 r. 3(2)) | |
No. ............ | |
IN THE HIGH COURT OF THE HONG KONG | |
SPECIAL ADMINISTRATIVE REGION | |
COURT OF FIRST INSTANCE | |
Applicant |
Notice of application for leave to apply
for judicial review (O. 53 r. 3(2)) This form must be read together with notes for guidance obtainable from the Registry. To the Registrar, High Court, Hong Kong.
Name, description and address of applicant | |
---|---|
Name and description of proposed respondent | |
Judgment, order, decision or other proceeding in respect of which relief is sought |
Relief sought
Name, description and address of all interested parties (if any) known to the applicant | ||
---|---|---|
Name and address of applicant's solicitors, or, if no solicitors acting, the address for service of the applicant | ||
Signed | Dated |
Grounds on which relief is sought
(if there has been any delay, include reasons here). Note:-Grounds must be supported by an affidavit which verifies the facts relied on.
(L.N. 152 of 2008)
No. 86A
Originating summons-judicial review
(O. 53 r. 5)
................ / 20 ..........
IN THE HIGH COURT OF THE HONG KONG
SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST
NO. ............... OF .................
Between A.B. Applicant
AND
C.D. Respondent
Pursuant to the leave granted by the Honourable ........................ on ......................... , let all parties concerned
appear before the Honourable .......................................... on the .............. day of ................... 20......... at ......... o'clock,
on the hearing of an application by A.B. for an order that (or for the following relief, namely):
...............................................................................................................................................................
...............................................................................................................................................................
............................................................................................................................................................. .
TAKE NOTICE that an order will also be sought that the costs of and incidental to this application be paid by ............................................................................. .
THE GROUNDS FOR THE APPLICATION are those set out in Form No. 86 used on the application for leave to apply for such order (or the grounds for the application, for which leave had been granted, are as follows: .................................................................................................................................................................. ................................................................................................................................................................).
FURTHER TAKE NOTICE that on the hearing of this application, the applicant will use the following affidavit(s) and the exhibits therein referred to: ............................................................................................................................................................... ............................................................................................................................................................. .
Dated the .......................... day of .......................... 20............
................................................................................. Solicitor for the applicant (or where the applicant acts in person, name of the applicant)
This summons was taken out by ....................., solicitor for the applicant whose address is at ................................................................................................................................................................................(or where the plaintiff acts in person:
This summons was taken out by the applicant whose address for service is at.....................................................................................................................................................). To: ............................................................................................................................................................
............................................................................................................................................................
(Name and address of the respondent or the solicitor for the respondent, and if applicable, name and address of
the interested party or other party as directed by the Court)
(L.N. 152 of 2008)
No. 87
Originating summons-for writ of habeas corpus ad subjiciendum
(O. 54 r. 2)
................ / 20 ...........
IN THE HIGH COURT OF THE HONG KONG
SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST
NO. ............... OF .................
Between A.B. Applicant
AND
C.D. Respondent
Pursuant to the direction given by the Honourable .............................. on ...................., let all parties concerned
appear before the Honourable ....................................... on the ........... day of ................. 20......... at ......... o'clock, on
the hearing of an application by A.B. for an order that a writ of habeas corpus be issued directed
to ............................................................. to have A.B. brought before the Honourable ............................ at such time as
the judge ............................ may direct.
TAKE NOTICE that an order will also be sought that the costs of and incidental to this application be paid by ................................................................................................................ .
THE GROUNDS FOR THE APPLICATION are those set out in the affidavits of A.B. and ............................................................ and the exhibits therein respectively referred to used on the application to the ............................................................................... for such order, copies of which affidavits and exhibits are served herewith.
FURTHER TAKE NOTICE that on the hearing of this application, the applicant will use the following affidavit(s) and the exhibits therein referred to: ................................................................................................................................................................ .............................................................................................................................................................. .
Dated the .......................... day of .......................... 20............
...............................................................................
Solicitor for the applicant (or where the applicant
acts in person, name of the applicant)
This summons was taken out by ...................., solicitor for the applicant whose address is at ............................................................................................................................................................................ (or where the plaintiff acts in person:
This summons was taken out by the applicant whose address for service is at..............................................................................................................................................................). To: ..........................................................................................................................................................
..........................................................................................................................................................
(Name and address of the respondent or the solicitor for the respondent, and if applicable, name and address of
the other party as directed by the Court)
(L.N. 152 of 2008)
No. 88
Notice directed by Court of adjourned application for writ of habeas corpus
(O. 54 r. 2)
(Heading as in No. 87)
Take notice that an application for the above writ was made to the ............................. in the above matter on the ................. day of ................................ 19 ......... when the said application was adjourned so that notice could be given to you.
Notice is hereby given to you that the said application will be made to the ................... on ..........................
the ..................... day of ..................... 19 ......... at .............. o'clock.
(Signed) ..............................................................
of ......................................................
Solicitor for .........................................................
To ..........................................................
No. 89
Writ of habeas corpus ad subjiciendum
(O. 54 r. 10)
To ....................................................... :
It is required that you have in our High Court at the High Court in Hong Kong, on the day at the time specified in the notice served with this writ, A.B. being taken and detained under your custody as is said, together with the day and cause of his being taken and detained, by whatsoever name he may be called therein, that Our Court may then and there examine and determine whether such cause is legal, and have you there then this writ.
Witness ................................................................... Chief Justice of Hong Kong the .................... day
of ........................ 19 ..........
Indorsement
By order of (Mr. Justice .........................................................................................)
This writ was issued by ................. of .................................................... solicitor for .......................
(L.N. 313 of 1997; 25 of 1998 s. 2)
No. 90
Notice to be served with writ of habeas corpus ad subjiciendum
(O. 54 r. 6)
IN THE HIGH COURT OF HONG KONG
COURT OF FIRST INSTANCE
(If in a cause already begun, here insert the title, not otherwise)
The Honourable Mr. Justice ............................................................................... has granted a writ of habeas corpus directed to ................................................... (or other person having the custody of ................................................... if so) requiring him to have A.B. before a judge at the High Court in Hong Kong on the day and at the time specified in the notice together with the day and cause of his being taken and detained.
Take notice that you are required by the said writ to have the said A.B. before the Honourable Mr. Justice ....................................... on .............. the ................ day of ..................... 19 ......... at .............. o'clock and to make a return to the said writ. In default thereof the said Court will then, or so soon thereafter as counsel can be heard, be moved to commit you to prison for your contempt in not obeying the said writ.
Dated the ............... day of ......................... 19 ........
(Signed) ..............................................................
of ......................................................
Solicitor for .........................................................
To ..........................................................
(L.N. 313 of 1997; 25 of 1998 s. 2)
Nos. 91 and 92
(Repealed 95 of 1997 s. 7)
No. 93
Notice of sanctioned payment (Order 62A)
(O. 62A r. 8(2))
(Heading as in action)
To the receiving party('s solicitor)
Take notice that the paying party _________________ has paid $ ____________ (a further amount of $ _____________) into court in settlement of- (tick as appropriate)
Signed | Paying party('s solicitor) | Position or office held (If signing on behalf of a firm, company or corporation) |
Date | With company chop (if applicable) |
Note: To the receiving party
If you wish to accept the payment made into court and the Court's leave for acceptance is not required, you should complete Form No. 93B and file it in the Registry of the High Court, and send a copy to the paying party.
(L.N. 152 of 2008)
No. 93A
Notice of acceptance of sanctioned payment (Order 62A)
(O. 62A r. 13(4))
(Heading as in action) To the paying party('s solicitor)
Take notice that the receiving party accepts the payment(s) into court totalling $________________ in settlement of (the whole of)(part of) the receiving party's costs as set out in the notice of sanctioned payment received on _________________ (and abandons the other part(s) of the costs).
Position or office held
Signed | (If signing on behalf of a firm, | |
Receiving party('s solicitor) | company or corporation) | |
Date | With company chop (if applicable) |
(L.N. 152 of 2008)
No. 93B
Notice of request for payment (Order 62A)
(O. 62A r. 15)
(Heading as in action)
On ____________________ I accepted the payment(s) into court totalling $ __________________ in settlement of (the whole of)(part of) my costs as set out in the notice of sanctioned payment received on _________________________.
I declare that:
Receiving party or solicitor's full name
Address and telephone number Paying party or solicitor's full name/Director of Legal Aid*
Address and telephone number
Signature Note: The receiving party('s solicitor) should obtain the signature of the paying party('s solicitor) on
DETAILS OF PAYING PARTY'S SOLICITOR
* Delete as appropriate
Notes for guidance on completion of Form No. 93B
In order to request payment out of funds in court, file this form, signed and completed in accordance with these notes for guidance in the Registry of the High Court. A copy of this form should also be sent to the paying party's solicitors. (Heading as in action)
‧ ‧ ‧ ‧ | When completing this form, please ensure that you tick all of the boxes under the heading: 'I declare that'. If you do not tick all of the boxes, the Registry of the High Court will not be able to process your request for payment and will have to return the form to you. The form should be signed either by the receiving party or his solicitor. The Accounts Office of the High Court will only issue payment upon receipt of a properly completed Form No. 93B with an original signature. Faxed copies of the form and photocopies of signatures will not be accepted. A director of a company must obtain leave to represent the company from a Practice Master before he may sign on behalf of the company. (L.N. 152 of 2008) |
---|---|
------------------- | |
No. 94 | |
Order for production of documents in marine insurance action | |
(O. 72 r. 10) |
Upon hearing ................ (and upon reading the affidavit of ........................................ filed the ............. day
of ..................... 19 .......):
It is ordered that the plaintiff and all other persons interested in this action, and in the insurance the subject of this action, do produce and show to the defendant, his solicitors or agents on oath (or by oath of their proper officer) all insurance slips, policies, letters of instruction or other orders for effecting such slips or policies, or relating to the insurance or the subject-matter of the insurance on the ship ................................................................... ...................................., or the cargo on board thereof, or the freight thereby, and also all documents relating to the sailing or alleged loss of the said ship, cargo or freight, and all correspondence with any person relating in any manner to the effecting of the insurance on the said ship, cargo or freight, or any other insurance whatsoever effected on the said ship, cargo or freight, on the voyage insured by the policy sued on in this action, or any other policy whatsoever effected on the said ship, or the cargo on board thereof, or the freight thereby on the same voyage. Also all correspondence between the captain or agent of the ship and any other person with the owner or any person before the commencement of or during the voyage on which the alleged loss happened. Also all books and documents, whatever their nature and whether originals, duplicates or copies, which in any way relate or refer to any matter in question in this action and which are now in the custody, possession or power of the plaintiff or any other person on his behalf, his or their, or any of their brokers, solicitors or agents, with liberty for the defendant, his solicitors or agents to inspect and take copies of, or extracts from, any of those books or documents. And that in the like manner the plaintiff and every other person interested as aforesaid do account for all other books and documents relating or referring to any matter in question in this action which were once but are not now in his custody, possession and power.
And that (in the meantime all further proceedings be stayed and that) the costs of and occasioned by this application be costs in the action.
Dated the ............... day of ......................... 19 ........
No. 95
Certificate of order against the Government
(O. 77 r. 15(3))
(Heading as in cause or matter)
By a judgment (or order) of this Court dated the ................. day of .......................... 19 ......... it was adjudged (or ordered) that (give particulars of the judgment or order).
I hereby certify that the amount payable to .......................... by ............................... in pursuance of the said
judgment (or order) is $ ..................................... (together with interest thereon at the rate of $ ...................................
per cent per annum until payment and together with costs which have been taxed and certified by the taxing officer at
$ ................................. Interest is payable on the said costs at the rate of $ .......................... per cent per annum from
the ................ day of ..................................... 19 ....... until payment).
(This certificate does not include the amount payable under the said judgment or order in respect of costs).
Dated the ............... day of ......................... 19 ........
(Signed) ..............................................................
(Note:-The final paragraph is to be included where a separate certificate with respect to costs has been directed to be issued).
(L.N. 313 of 1997)
No. 96
Certificate of order for costs against the Government
(O. 77 r. 15) (Heading as in cause or matter) By a judgment (or order of this Court dated the ............................................. day of .................... 19 ........ it was adjudged (or ordered) that (give particulars of the judgment or order). I hereby certify that the costs payable to .............................................. by ............... in pursuance of the said judgment (or order) have been taxed and certified by the taxing officer at $ .................................................................................. (and interest is payable thereon at the rate of $ ............ per cent per annum from the ................................. day of .................. 19 ....... until payment).
Dated the ............... day of ......................... 19 ........
(Signed) ..............................................................
(L.N. 313 of 1997)
No. 99
Order of Court of Appeal to admit prisoner to bail
(O. 59 r. 20)
IN THE COURT OF APPEAL
On appeal from the ......................................... court
Dated the ............... day of ......................... 19 ........ .
Whereas on the ............... day of ....................................................... 19 ....... A.B. was ordered by (description of court) to be imprisoned for ............................................. for contempt of court and the said A.B. has appealed to this Honourable Court against the said order:-
And whereas the said A.B. has applied to this Honourable Court to be admitted to bail:
Upon reading the notice of motion on behalf of the said A.B. and upon hearing Mr. ........... of counsel for the said A.B.
It is ordered that upon the said A.B. giving security (by his own recognizance) in the sum of $ ................................................................ with (two) sufficient sureties in the sum of $ ................................................................. each before the Registrar for the personal appearance of the said A.B. before the ......................................... court within ten days after the judgment of this Honourable Court on his said appeal shall have been given unless the order of the said court is reversed by that judgment, he, the said A.B. be discharged out of the custody of the Commissioner for Correctional Services ...................................... in respect of his commitment as aforesaid.
By the Court
(47 of 1997 s. 10; L.N. 39 of 1999)
No. 100
Notice of payment into court in connection with arbitration proceedings
(O. 73 r. 11)
In the matter of arbitration proceedings
commenced between A.B. ............................................................. 1st party
C.D. .............................................................. 2nd party
E.F. ............................................................... 3rd party etc.
Take notice that-
The .............. party ................ has paid $ ......................................................... into court. The said
$ ................................................... is in satisfaction of (the matter in dispute) (All the matters in dispute) in respect of
which the ........................................................... party claims (and after taking into account and satisfying the above-
named party's claim for ....................................................................... in respect of which he counterclaims).
or
The said $ ........................................................ is in satisfaction of the following matters in dispute in respect of which
the ....................................................................... party claims (and after taking into account as above).
or
Of the said $ ...........................; $ ......................... is in satisfaction of the following matter in dispute in respect of
which the .............................................................................. party claims (and after taking into account as above) and
$ .................................................. is in satisfaction of the following matter in dispute in respect of which
the ................................. party claim (and after taking into account as above).
Dated the ............... day of ......................... 19 ........
No. 101
Notice of acceptance of money paid into court in connection with arbitration proceedings
(O. 73 r. 11)
In the matter of arbitration proceedings
commenced between A.B. ............................................................. 1st party
C.D. .............................................................. 2nd party
E.F. ............................................................... 3rd party
Take notice that the ....................... party ................................... accepts the sum of
$ ....................................................... paid in by the ........................................................ party in satisfaction of the
matter(s) in dispute in respect of which it was paid in and in respect of which the ................................... party claims
(against that party) (and abandons his claim(s) against that party in respect of the other matter(s) in dispute in the arbitration proceedings).
Dated the ............... day of ......................... 19 ........
No. 102
Order of issue of warrant of arrest for examination
(O. 49B r. 1)
IN THE HIGH COURT OF HONG KONG
COURT OF FIRST INSTANCE
Between A.B. Judgment Creditor AND
C.D. Judgment Debtor
Upon the application of the Judgment Creditor A.B. and upon hearing the solicitor for the said Judgment Creditor, and upon reading the affidavit of ..................... filed the ............ day of .................... 19 ......... :
It is ordered that a warrant do issue to the bailiff enjoining him to arrest the Judgment Debtor C.D. and to bring him before the Court before the expiry of the day after the day of arrest for examination; and it is further ordered that the bailiff be authorized to release the Judgment Debtor-
Dated the ............... day of ......................... 19 ........ NOTE: The Judgment Debtor may apply to the Court to discharge this order.
(L.N. 251 of 1997; 25 of 1998 s. 2)
No. 103
Order of imprisonment pending further examination
(O. 49B r. 1A)
IN THE HIGH COURT OF HONG KONG
COURT OF FIRST INSTANCE
Between A.B. Judgment Creditor AND
C.D. Judgment Debtor
Whereas the examination being conducted under Order 49B rule 1A has been adjourned until ............. day
of ....................... 19 ......... :
It is ordered that a warrant do issue to the bailiff enjoining him to deliver the Judgment Debtor into the custody of the Commissioner of Correctional Services to be kept in a prison as a prisoner for debt until the ........................ day of ........................ 19 ........ and then to bring the Judgment Debtor before the Court for further examination. The Court has fixed the support and maintenance allowance at the rate of $ .................. a day.
It is further ordered that the bailiff be authorized to release the Judgment Debtor
Dated the ............... day of ......................... 19 ........ NOTE: The Judgment Debtor may apply to the Court to discharge this order.
(L.N. 251 of 1997; 25 of 1998 s. 2)
No. 104
Order for imprisonment for debt
(O. 49B r. 1B)
IN THE HIGH COURT OF HONG KONG
COURT OF FIRST INSTANCE
Between A.B. Judgment Creditor AND
C.D. Judgment Debtor
[Following examination of the Judgment Debtor under Order 49B rule 1A and upon the Court being satisfied as required by Order 49B rule 1B:] or [Upon the Court being satisfied that the Judgment Debtor has failed to comply with an order made under Order 49B rule 1B(3):]
It is ordered that the bailiff do take the Judgment Debtor and deliver him into the custody of the Commissioner of Correctional Services to be kept in prison as a prisoner for debt for a period of ............................................... unless he shall be sooner discharged in due course of law.
The Court has fixed the support and maintenance allowance at the rate of $ ............... a day.
Dated the ............... day of ......................... 19 ........
(L.N. 251 of 1997; 25 of 1998 s. 2)
No. 105 | ||
---|---|---|
Application for order for imprisonment in default of payment | ||
(O. 49B r. 1B) | ||
IN THE HIGH COURT OF HONG KONG | ||
COURT OF FIRST INSTANCE | ||
Between | A.B. AND C.D. | Judgment CreditorJudgment Debtor |
TAKE NOTICE that the Judgment Creditor will apply to the Court on ........................ day of .........................
19 ........ for an order for the imprisonment of the Judgment Debtor on the ground that the Judgment Debtor has failed
to make payment of the sum of $ ............................ as ordered by the Court on .............. day of ..................... 19 .......
Dated the ............... day of ......................... 19 ........
(L.N. 251 of 1997; 25 of 1998 s. 2)
No. 106
Order prohibiting departure from Hong Kong
(O. 44A r. 3) IN THE HIGH COURT OF HONG KONG COURT OF FIRST INSTANCE Between A.B. Judgment Creditor/
Plaintiff/ClaimantAND
C.D. Judgment Debtor/ Defendant/Person against whom claim is made
Upon the application of A.B. and upon hearing the solicitor for A.B., and upon reading the affidavit of ...................... filed the ........... day of ......................................... 19........ :
It is ordered that C.D. is prohibited from leaving Hong Kong.
This order shall lapse after the expiry of one month (unless extended or renewed) and shall have no effect if-
1. C.D. makes payment of the sum of $ ......................................, being the amount claimed by A.B., [together
with the sum of $ .............................. for costs of this action] and such costs as may be due for the obtaining
and execution of this order;
2. C.D. makes payment of the sum of $ ..................................... as security or provides bail in that sum by a surety or sureties. [Delete, amend or substitute conditions in accordance with the order of the Court.]
Dated the ............... day of ......................... 19 ........ NOTE: C.D. may apply to the Court to discharge this order.
(L.N. 251 of 1997; 25 of 1998 s. 2)
No. 107 (Repealed L.N. 152 of 2008)
No. 108
Order for continued detention of seized property
(O. 115 r. 25)
IN THE HIGH COURT OF HONG KONG COURT OF FIRST INSTANCE
IN THE MATTER OF THE DRUG TRAFFICKING (RECOVERY OF PROCEEDS) ORDINANCE (CAP 405)
BETWEEN | [ | ] | Applicant | |
---|---|---|---|---|
and | ||||
[ | ] | Respondent |
BEFORE THE HONOURABLE MR. JUSTICE ...................... IN CHAMBERS
ORDER
UPON the application of [A.B.]
AND UPON HEARING [the said A.B.]
AND UPON READING the affidavit of [A.B.] made on ..........................................
IT IS ORDERED THAT the sum of $ ......................................... seized from [C.D.]
of ................................................................................. (or, from person or persons unknown)
at ................................................................................. Hong Kong on ........................-day, the ................... day
of .................................... at ............... o'clock Hong Kong time by [E.F.] of the .............................................. be further
detained for a period of ........................ days from the date hereof or until further order of this Court.
Dated the ............... day of ............... 19 ...............
Registrar.
Important Notice:
(L.N. 296 of 1996; 25 of 1998 s. 2)
No. 109
(Repealed L.N. 152 of 2008) (Enacted 1988)
Appendix: | B | SPECIAL ADMIRALTY FORMS | L.N. 313 of 1997; 25 of 1998 | 01/07/1997 |
---|
Remarks:
Adaptation amendments retroactively made - see 25 of 1998 s. 2
No. 1
Writ of summons in action in rem
(O. 75 r. 3) [Hong Kong Coat of Arms] 19 ......, Folio No. ...............
IN THE HIGH COURT OF HONG KONG
COURT OF FIRST INSTANCE
Admiralty action in rem against:
[The ship "X" or as may be describing the property against which the action is brought]
Between [The owners of the ship "A" or as may Plaintiffs
be describing the plaintiffs]
[or name]
and [The owners of the ship "X" or as may Defendants be describing the property against which the action is brought]
TO THE DEFENDANTS and other persons interested in the ship "X" .................................. registered at the port
of ........................................................ [or as may be]
THE WRIT OF SUMMONS has been issued by the Plaintiffs against the property described above in respect of the claim set out on the back. Within [14 days] after the service of this Writ, counting the day of service, you must either satisfy the claim or lodge in the Registry of the High Court mentioned below an ACKNOWLEDGMENT OF SERVICE.
If you fail to satisfy the claim or to lodge an Acknowledgment within the time stated, the Plaintiffs may proceed with the action and judgment may be given without further notice to you and if the property described in this Writ is under the arrest of the Court it may be sold by order of the Court.
Issued from the Registry of the High Court this ............ day of .................... 19 .......
Note:-This Writ may not be served later than 12 calendar months beginning with that date unless renewed by order of the Court.
IMPORTANT
Directions for Acknowledgement of Service are given with the accompanying form.
[Back of No. 1 ]
*[STATEMENT OF CLAIM] *Where words appear between square brackets, delete if inapplicable The Plaintiffs' claim is for *[Signed if statement of claim indorsed]
THIS WRIT was issued by ......................................................................................
of ................................................................................................................................... Solicitor for the said Plaintiff
whose address is ...................................................................
*[or where the Plaintiff sues in person
THIS WRIT was issued by the said Plaintiff who resides at ....................................... and (if the Plaintiff does not
reside within the jurisdiction) whose address for service is ........
.......................................]
[Indorsement as to service
(To be completed only when the Writ has been served by the bailiff)
THIS WRIT was served by me at ............................................................................ on ............... , on ...............
day, the ............... day of ........................................ 19 ........, by (state the manner of service)
Signed
Name of bailiff ] (25 of 1998 s. 2)
No. 2
Writ of summons in limitation action
(O. 75 r. 3(3)) [Hong Kong Coat of Arms] 19 ......, Folio No. ............... IN THE HIGH COURT OF HONG KONG COURT OF FIRST INSTANCE Admiralty Jurisdiction Between Plaintiff AND Defendant TO THE DEFENDANT [name] .............................................................................. of [address] ..................................................................................................................... THIS WRIT OF SUMMONS has been issued against you by the abovenamed Plaintiff in respect of the claim set out on the back. Unless you admit the claim you must within [14 days] after service of this writ on you, counting the day of service, return to the Registry of the High Court mentioned below the accompanying ACKNOWLEDGMENT OF SERVICE. If you fail to return the Acknowledgment within the time stated, the Plaintiff may proceed with the action
without further notice to you.
Issued from the Registry of the High Court this .............. day of ................... 19 .......
Note:-This Writ may not be served later than 12 calendar months beginning with that date unless renewed by
order of the Court. IMPORTANT Directions for Acknowledgment of Service are given with the accompanying form. [Back of No. 2] The Plaintiff claims
THIS WRIT was issued by ......................................................................................
of ................................................................................................................................... Solicitor for the said Plaintiff
whose address is ...................................................................
*[or where the Plaintiff sues in person
THIS WRIT was issued by the said Plaintiff who resides at ....................................... and (if the Plaintiff does not
reside within the jurisdiction) whose address for service is ........
.......................................]
*Where words appear between square brackets, delete if inapplicable (25 of 1998 s. 2)
No. 2A
Notice of writ of summons in limitation action to be served out of jurisdiction
(O. 75 r. 3(3))
[Heading as in action]
To C.D. of
Take notice that A.B. of ...................................................................... has begun an action against you, C.D., in the Court of First Instance in Hong Kong by writ of summons dated the .................. day of ............................................................................. 19 ........, which writ is indorsed as follows [copy the indorsement of claim] and unless you admit the Plaintiff's claim you are required within .............................. days after receipt of this notice, counting the day of receipt, to return to the Registry of the High Court the accompanying Acknowledgment of Service.
And take notice that if you do not return the Acknowledgment within the time stated, the Plaintiff may proceed with the action without further notice to you.
(Signed) A.B. ............................................. or X. Y. of
Solicitors for A.B. IMPORTANT Directions for Acknowledgment of Service are given with the accompanying form. (25 of 1998 s. 2)
No. 2B
Acknowledgment of Service of Writ of Summons in Action in rem or Limitation Action
(O. 75 r. 3(5))
Directions for Acknowledgment of Service
If a Statement of Claim is not indorsed on the Writ, a Defence need not be served until 14 days after a Statement of Claim has been served on the Defendant.
If a Defendant fails to serve a defence within the appropriate time, the Plaintiff may apply to the Court for judgment against him and, if the property described in the Writ is under the arrest of the Court, for an order for the sale of that property.
(1)
[Back of page (1)]
Notes for Guidance
(2)
[Heading as in No. 1 or 2 to be completed by plaintiff]
ACKNOWLEDGMENT OF SERVICE
OR WRIT OF SUMMONS IN
ACTION IN REM OR LIMITATION ACTION
If you intend to instruct a Solicitor to act for you, give him this form
IMMEDIATELY
Important. Read the accompanying directions and Delay may result in judgment being given against a notes for guidance carefully before completing this form. defendant whereby he or his Solicitor may have to If any information required is omitted or given wrongly, pay the costs of applying to set it aside. Furthermore, THIS FORM MAY HAVE TO BE RETURNED. the property described in the Writ of Summons, if
under arrest of the Court, may be sold by order of the Court.
(*Where words 1. *[In an action in rem appear between State the description of the Defendant, as stated in the Writ of Summons, by whom or square brackets, on whose behalf the service of the Writ is being acknowledged.] delete if *[In a limitation action inapplicable) (a) If the Defendant by whom or on whose behalf service of
the Writ is being acknowledged is named in the Writ, state his full name. If he is sued in a name different from his own, add "sued as (the name stated on the Writ of Summons)".
(b) If the Defendant by whom or on whose behalf service of the Writ is being acknowledged is one of a class of persons described in the Writ, state his full name. The Defendant should complete (a) or (b), whichever is appropriate, and delete the other.]
Service of the Writ is acknowledged accordingly *(Signed) [Solicitor]
[Defendant in person] Address for Service
(3)
Notes as to Address for Service
Solicitor. Where the Defendant is represented by a Solicitor, state the Solicitor's place of business in Hong Kong.
Defendant in person. Where the Defendant is acting in person, he must give his residence OR, if he does not reside in Hong Kong, he must give an address in Hong Kong where communications for him should be sent. In the case of a limited company "residence" (居所) means its registered or principal office.
[Back of Page (3)]
Indorsement by plaintiff's solicitor (or by plaintiff if suing in person) of his name, address and reference, if any.
(L.N. 251 of 1997; 25 of 1998 s. 2)
No. 3
Warrant of arrest
(O. 75 r. 5(1))
(Heading as in action) To the Bailiff : You are hereby required to arrest the ship ................................................................. of the port
of ......................................................................... (and the cargo now or lately laden therein, together with the freight due for the transportation thereof,) or (and the freight due for the transportation of the cargo now or lately laden therein,) and to keep the same under safe arrest until you shall receive further orders from the High Court.
The plaintiff's claim is for (copy from the writ)
Taken out by ............................. (solicitors for) the ..................................................
Bailiff's indorsement as to service
(L.N. 251 of 1997; L.N. 313 of 1997; 25 of 1998 s. 2)
No. 4
Praecipe for warrant of arrest
(O. 75 r. 5(4)) (Heading as in action) We ............................... of .......................................................... (solicitors for) the plaintiffs request a warrant to
arrest (description of property giving name, if a ship). Dated the ................. day of ..................... 19 ......
(Signed) ......................................................
No. 5
Praecipe for caveat against arrest
(O. 75 r. 6)
(Description of property giving name, if a ship)
We ............................................ of ........................................................................ (solicitors for ............................ of ........................................................) request a caveat against the arrest of (description of property giving name, if a ship) and hereby undertake to enter an acknowledgment of issue or service (as may be appropriate) in any action that may be begun in the High Court against the said ............................................. and, within 3 days after receiving notice that such an action has been begun, to give bail in the action in a sum not exceeding ............................................................. dollars or to pay that sum into court. We consent that the writ of summons and any other document in the action may be left for us at ...........................................................................................
Dated the ................. day of ..................... 19 ......
(Signed) ....................................................
(L.N. 99 of 1993; 25 of 1998 s. 2)
No. 6
Praecipe for service of writ in rem by Bailiff
(O. 75 r. 8(3))
(Heading as in action)
We ........................................... of ....................................................... (solicitors for) the plaintiffs request that the
writ of summons left herewith be duly served on .....................................
Dated the ................. day of ..................... 19 ......
(Signed) ....................................................
No. 7
Release
(O. 75 r. 13(1))
(Heading as in action)
To the Bailiff :
Whereas in this action you were required to arrest the .......................................... and to keep the same under safe arrest until you should receive further orders from the High Court. You are hereby required to release the said ................................................ from the arrest effected by virtue of the warrant in this action.
Taken out by ......................... (solicitors for) ........................................................... Bailiff's indorsement On ..................... the ............................................... day of ..................... 19 ......., the ...................................................................................was released from arrest pursuant to this Instrument.
(Signed) .................................................... Bailiff.
(L.N. 313 of 1997; 25 of 1998 s. 2)
No. 8
Praecipe for issue of release
(O. 75 r. 13(6))
(Heading as in action)
We ................................. of ......................................................... (solicitors for) the plaintiffs (or defendants) in this action against (description of property giving name, if a ship), now under arrest, request the issue of a release with respect to the said .....................
Dated the ................. day of ..................... 19 ......
(Signed) ....................................................
No. 9
Praecipe for caveat against release and payment
(O. 75 r. 14(1))
(Description of property giving name, if a ship)
We ................................. of ............................................................. (solicitors for) ................................... of ............................................. request a caveat against the issue of a release with respect to (description of property giving name, if a ship) now under arrest and, should the said property be sold by order of the Court, a caveat against payment out of court of the proceeds of sale.
The intending caveator claims to have an interest [to the extent of approximately $ ........................... if known] in the above-mentioned property in respect of [state nature of claim, e.g. salvage, collision damage, etc.].
Dated the ................. day of ..................... 19 ......
(Signed) ....................................................
No. 10
Praecipe for withdrawal of caveat
(O. 75 r. 15(1)) (Description of properly giving name, if a ship) We ................................. of ............................................................. (solicitors for) ................................... of .................................................... request that the caveat (state nature of caveat) entered on the ........... day of ............................................... 19 ....... on behalf of .............................................................................................. be withdrawn.
Dated the ................. day of ..................... 19 ......
(Signed) ....................................................
No. 11
Bail bond
(O. 75 r. 16(1))
(Heading as in action)
WHEREAS this Admiralty action in rem against the above-mentioned property is pending in the Supreme Court and the parties to the said action are the above-mentioned plaintiffs and defendants:
Now, THEREFORE, WE, A.B. of ........................................................................... and C.D. of ............................................................................, hereby jointly and severally submit ourselves to the jurisdiction of the said Court and consent that if they, the above-mentioned defendants, (or plaintiffs, in the case of a counterclaim) do not pay what may be adjudged against them in this action, with costs, or do not pay any sum due to be paid by them in consequence of any admission of liability therein or under any agreement by which this action is settled before judgment and which is filed in the said Court, execution may issue against us, our executors or administrators, goods and chattels, for the amount unpaid or an amount of ........................ dollars whichever is the less.
A.B. (Signed) ....................................................
C.D. (Signed) ....................................................
This bail bond was signed by the said A.B. and C.D., the sureties, the ........................ day of ......................... 19 ........ Before me
a Commissioner for Oaths.
No. 12
Praecipe for commission for appraisement and sale
(O. 75 r. 23(1)) (Heading as in action) We .................................. of .............................................................. (solicitors for) the plaintiffs (or defendants) request a commission for the appraisement and sale of (description of property giving name, if a ship) which was
ordered by the Court on the ...................... day of ....................... 19 ........
Dated the ................. day of ..................... 19 ......
(Signed) ....................................................
No. 13
Commission for Appraisement and Sale
(O. 75 r. 23(2))
(Heading as in action)
To the Bailiff :
WHEREAS in this action the Court has ordered (description of property giving name, if a ship) to be appraised and sold.
You are hereby authorized and required to choose one or more experienced persons and to swear him or them to appraise the said ................................................................... according to the true value thereof, and such value having been certified in writing by him or them to cause the said ...................................................................... to be sold by (private treaty) (public auction) for the highest price that can be obtained for it, but not for less than the appraised value unless the Court on your application allows it to be sold for less.
And you are further required, immediately upon the sale being completed, to pay the proceeds thereof into court and to file the certificate of appraisement signed by you and the appraiser or appraisers, and an account of the sale signed by you, together with this commission.
Taken out by .................................. (solicitors for) the .............................................
(L.N. 313 of 1997)
No. 14
Release and Warrant of Possession
(O. 75)
(Heading as in action)
To the Bailiff :
WHEREAS in this action the Court has ordered possession of the ship (name to be stated), her tackle, apparel and furniture to be delivered up to ........................... or to his solicitor for his use, ..........................................................................................................
You are hereby required to release the said ship, her tackle, apparel and furniture from the arrest made by virtue of the warrant in that behalf and to deliver possession thereof to the said ....................................... or to his solicitor for his use.
Taken out by ............................... (solicitors for) the ................................................ Bailiff's Indorsement On the ...................... day of ........................................................... 19 ........, the ship ...................................................... was released from arrest pursuant to this warrant.
(Signed) ................................................... Bailiff.
Receipt Received from the Bailiff on the ...................... day of ................................ 19 ......., the ship ................................................................... and everything on board belonging to her.
(Signed) ...................................................
(L.N. 313 of 1997)
No. 15
Notice to Consular Officer of Intention to Apply for Warrant of Arrest
(O. 75 r. 5(7))
(Heading as in action)
To the Consular Officer of (name of State)
The (state nationality) ship (name)
TAKE NOTICE that as solicitors for (name or description of Plaintiff as in writ) we did on the ................... day of ....................................... 19 ........ (or we intend to) institute proceedings in the High Court of Hong Kong against the .......................... above-mentioned ship in respect of a claim by (name or description of plaintiff) for (state nature of claim as indorsed on writ) and that we intend to apply to the Court to arrest the said ship.
Dated the ................. day of ..................... 19 ......
(Signed) .................................................... Solicitors for the Plaintiff. (25 of 1998 s. 2) (Enacted 1988)
Appendix: | C | L.N. 313 of 1997; 25 of 1998 | 01/07/1997 |
---|
Remarks:
Adaptation amendments retroactively made - see 25 of 1998 s. 2
No. 5
Warrant for bailiff to call upon defendant to give security to produce property
(O. 44A r. 8) | ||
---|---|---|
Action No. ................ of 19 ........ | ||
IN THE HIGH COURT OF HONG KONG, | ||
COURT OF FIRST INSTANCE | ||
Between | A.B. | Plaintiff |
AND | ||
C.D. | Defendant | |
To the Bailiff of the said Court: |
You are required forthwith to call upon the defendant C.D. either by ......................... day, the ......................... day of ......................................................., 19 .........., to furnish security in the sum of $ .................. to produce and place at the disposal of the said Court, when required, his property or the value of the same, or such portion thereof as may be sufficient to answer any judgment that may be given against him in this action, or by the said day to appear before the said Court and show cause why he should not furnish such security; and you are further required, in default of such security being given, to attach all the movable and immovable property of the said defendant within Hong Kong until the further order of the said Court.
Witness The Honourable ...................................................., Chief Justice of the said Court, the ................. day
of ............................. 19 .........
(Signed) ............................................. Registrar.
Note:-This warrant is to be returned into the Registry immediately after the execution thereof, with a memorandum indorsed thereon of the date and mode of execution.
(L.N. 313 of 1997; 25 of 1998 s. 2)
Nos. 6 and 7 (Repealed L.N. 343 of 1989) (Enacted 1988)
Appendix: | D | Code of conduct for expert witnesses | L.N. 152 of 2008; L.N. 18 of 2009 | 02/04/2009 |
---|
(O. 38 rr. 35, 37B and 37C)
Application of code
Expert report to be verified
Note:-Proceedings for contempt of court may be brought against a person if he makes, or causes to be made, a false declaration or a false statement in a document verified by a statement of truth without an honest belief in its truth.
(L.N. 152 of 2008)
Abatement of action
certificate of, O. 34, r. 9(1)
more than one year, striking out, O. 34, r. 9(2)
originating summons action, O. 28, r. 11
Abuse of process, O. 18, r. 19
Acceptance of money
by person under disability, O. 80, r. 10
paid into court. See Payment into and out of court (O. 22)
Accidental slip or omission
correction of judgment or order, O. 20, r. 11
Account
books of, as evidence, O. 43, r. 3(2)
Accounts
affidavit verifying, O. 43, r. 4
allowances to be made in taking, O. 43, r. 6
application for, O. 43, r. 1
bill of costs comprised in, taxation of, O. 62, r. 19
delay in prosecution of, O. 43, r. 7(1)
distribution of fund pending inquiry, O. 43, r. 8
interest on debts, O. 44, r. 9
notice of, alleged omissions, etc., in, O. 43, r. 5
of debts and liabilities of estate:
advertisement for creditors, etc., O. 44, rr. 5, 6, 7, 8, 9 Official Solicitor, conduct of matter by, O. 43, r. 7(2) order for payment, O. 43, r. 1(3) proceedings in chambers under judgment, see under Chambers receivers' accounts, O. 30, r. 5 summary order, O. 43, r. 1 taking of, O. 43, rr. 2, 3
by taxing master, O. 62, r. 14
verification of, O. 43, r. 4
Acknowledgment of service (O. 12)
amendment, O. 20, r. 2
before service of writ, O. 10, r. 1(5)
by corporations, O. 12, r. 1(2)
by partners, action against firm, O. 81, r. 4
date of, O. 12, r. 1(5)
dispute as to jurisdiction, O. 12, r. 8
failure to give notice of intention to defend, O. 13, rr. 1-9
in probate action, See under Probate proceedings judgment on, See under Judgment "prescribed time", meaning of, O. 13, r. 6A proceeding with claim on, O. 13, r. 7 proof of service of writ, O. 13, r. 7
form and contents of, O. 12, r. 3
of counterclaim, O. 15, r. 3
third party notice, O. 16, r. 3
person added as defendant, O. 15, r. 8(4)
in action in rem, See Admiralty proceedings
late, O. 12, r. 6
mode of, O. 12, r. 1
not to constitute waiver of irregularities, O. 12, r. 7
notice to defend after judgment, O. 12, r. 6(1)
of counterclaim, O. 15, r. 3(4)
originating summons, O. 12, r. 9 third party notice, O. 16, r. 3 writ amended on change, etc., of parties, O. 15, r. 8(3)
procedure on receipt of, duties of Registry officer, O. 12, r. 4 setting aside and direction as to effect of, O. 12, r. 3(4) address for service, non-genuine, O. 12, r. 3(4) time for, O. 12, r. 5
writ served out of jurisdiction, O. 11, r. 4(4), O. 12, r. 5(b) treated as appearance, O. 12, r. 10 withdrawal of, O. 21, r. 1
Adjournment
of motion, O. 8, r. 5
originating summons, O. 28, r. 5
summons, O. 32, r. 4
from court into chambers, O. 32, r. 18
into court, O. 32, r. 18
trial, O. 35, r. 3
Administration of estates (see also Personal representative) accounts: order for, O. 85, rr. 2(3), 5(2) taking of, O. 44, r. 3 action for (O. 85): determination of questions without administration, O. 85, r. 2 judgment and orders in, O. 85, r. 5 proceedings under, O. 44, rr. 1-12 service of notice, O. 44, r. 2 originating summons, action begun by, O. 85, r. 4 parties to O. 85, r. 3 relief, order for, O. 85, r. 4 sale of trust property, O. 85, r. 6 administrator: costs of, on taxation, O. 62, r. 31 proceedings against, O. 15, r. 14 sale of trust property, conduct, O. 85, r. 6 binding of estate, where representative appointed, O. 15, r. 15 claims against estate, examination and adjudication, O. 44, rr. 6, 7 and 8 execution, against assets acquired after judgment, O. 46, r. 2c inquiry for next of kin, etc., O. 44, r. 6(2) interest on debts, etc., O. 44, r. 9 representation of: beneficiary, O. 15, r. 14 deceased person, O. 15, r. 15 unascertainable interested persons, O. 15, r. 13 approval of compromise, O. 15, r. 13(4) judgment binding on, O. 15, r. 13(4) sale of trust property, O. 85, rr. 2(3), 6 under direction of court. See under Chambers (O. 32)
Admiralty proceedings (O. 75)
actions in rem:
acknowledgment of service, O. 75, r. 3, O. 12, r. 1
form of, O. 75, r. 3
arrest of property:
caveat against, O. 75, r. 6
duration of, O. 75, r. 15
praecipe for, O. 75, r. 6
withdrawal of, O. 75, r. 15(1)
warrant for, O. 75, r. 5
affidavit, contents of, O. 75, r. 5
convention or treaty ships, O. 75, r. 5
discharge of, where caveat in force, O. 75, r. 7
execution of, O. 75, r. 10
praecipe for, O. 75, r. 5(4)
parties, O. 75, r. 37
summons for decree or directions, O. 75, r. 38
notice of motion, filing and service, O. 75, r. 34
orders, drawing up and entry, O. 75, r. 45
Registrar,
reference to, O. 75, r. 41
hearing of reference, O. 75, r. 42
objection to decision on reference, O. 75, r. 43
salvage, proceedings for apportionment, O. 75, r. 33
filing and service of notice of motion, O. 75, r. 34
settled or withdrawn action, notice of, O. 75, r. 26(4)
trial, fixing date of, etc., O. 75, r. 26
assessors, praecipe for attendance at, O. 75, r. 26(3)
setting down for, O. 75, r. 26(2)
witnesses:
examination of, O. 75, r. 30
writ of summons:
in limitation action, form of, O. 75, r. 3(3)
personam, form of, O. 75, r. 3(2)
rem. See "actions in rem" above
service of, outside jurisdiction, O. 75, r. 4
Admission (O. 27)
by person under disability, O. 80, r. 8
of case of other party, notice of, O. 27, r. 1
documents:
notice to admit, O. 27, r. 5
cost of proving document not admitted, O. 62, r. 3(6)
specified in list or affidavit, O. 27, r. 4
facts:
amendment or withdrawal, O. 27, r. 2(2)
judgment on, O. 27, r. 3
not traversed by pleading, O. 18, r. 13
notice to admit, O. 27, r. 2
recording in order for directions, O. 25, r. 4
Advertisement
for creditor, etc., O. 44, r. 5
Affidavit (O. 41)
alterations in, O. 41, r. 7 blind person, of, O. 41, r. 3 Commonwealth country, admission of affidavit taken in, O. 41, r. 12(1), (3) contents of, O. 41, r. 5
proving due service of writ, O. 10, r. 1(3)
cross-examination of deponent, O. 38, r. 2
before examiner, O. 39, r. 4
defective, use of, O. 41, r. 4
evidence by, at trial, O. 38, r. 2
exhibits, O. 41, r. 11
fee stamp, O. 41, r. 10(2)
filing, O. 41, r. 10(3)
form of, O. 41, r. 1
illiterate person, of, O. 41, r. 3
notice of filing, proceedings in chambers, O. 32, r. 17
Registrar etc. empowered to take, O. 32, r. 8
scandalous, etc., matter, striking out, O. 41, r. 6
solicitor of party, swearing before, O. 41, r. 8
two or more deponents, by, O. 41, r. 2
use of:
at trial, O. 38, r. 2
on summons for directions, O. 25, r. 6
original or copy, O. 41, r. 10
Amendment (O. 20) costs of. See Costs disallowance of, O. 20, r. 4 failure to amend, O. 20, r. 9 indorsement as to, O. 20, r. 10(2) mode of, O. 20, r. 10 of admission as to fact, O. 20, r. 5(3), (4), (5)
acknowledgment of service, O. 20, r. 2
documents, O. 20, r. 8
name of party, O. 20, r. 5(3)
notice of-
appeal, etc., O. 59, r. 7 motion in appeal cases, O. 55, r. 6 payment into court, O. 22, r. 1(5)
pleadings, O. 18, r. 19, O. 20, rr. 1-11 order on summons for directions, O. 25, r. 2(2) to plead in alternative, O. 18, r. 10(2)
writ, O. 20, rr. 1-11 on change, etc., of parties, O. 15, r. 8 order on summons for directions, O. 25, r. 2
time for, O. 20, r. 9
Appeals (O. 55-61)
from
judge in interpleader proceedings, O. 58, r. 7
Registrar, O. 58, r. 1
limitation of right of appeal, O. 25, r. 5
to Court of Appeal. See Court of Appeal (O. 59, O. 61)
to High Court (O. 55):
court, from, O. 55, r. 1 entry of appeal, O. 55, r. 4 government department, right to be heard, O. 55, r. 8 hearing of, O. 55, r. 5
amendment of grounds of, O. 55, r. 6 date of hearing, O. 55, r. 5 evidence at, O. 55, r. 7 powers of Court, O. 55, r. 7
inferior court, from, O. 55, rr. 1-8
judgments and orders on, O. 55, r. 7(5)
magistrates court, from, O. 55, r. 1(2)
mode of bringing appeal, O. 55, r. 3
note of proceedings in court below, O. 55, r. 7(4)
notice of motion:
amendment, O. 55, r. 6
contents, O. 55, r. 3
service, O. 55, r. 4
under particular Ordinances. See under title of the Ordinance.
Applications (see also under Chambers; Interlocutory applications) affecting party in default of appearance, O. 28, r. 6 beginning of proceedings, O. 5, r. 1 for leave to institute proceedings, under the Mental Health Ordinance, (Cap 136), O. 32, r. 9 under particular Ordinances. See under the title of the Ordinance under s. 41 or 42 of Supreme Court Ordinance, O. 24, r. 7A
Apportionment
money paid into Court under Fatal Accidents Ordinance, (Cap 22), O. 80, r. 15
salvage. See Admiralty proceedings
Arbitration Ordinance, (Cap 341)
arbitrator or umpire:
application for statement of case by, O. 73, r. 3(2)
to remove, O. 73, r. 2(1)
awards:
declaration that award not binding, O. 73, r. 2(3)
enforcement of, under s. 28 of, O. 73, r. 10
remission, O. 73, r. 2(1)
setting aside, O. 73, r. 2(1)
payment in, O. 73, r. 11
acceptance of, O. 73, r. 13
counterclaim, O. 73, rr. 12, 16
investment of, O. 73, r. 18
money remaining in count, O. 73, r. 15
non-disclosure of, O. 73, r. 17
order for payment out, O. 73, r. 14
proceedings:
application for-
case stated by arbitrator, O. 73, r. 3(2)
declaration that award not binding, O. 73, r. 2(3)
remission of award, O. 73, r. 2(1)
removal of arbitrator, etc., O. 73, r. 2(1)
setting aside of award, O. 73, r. 2(1)
statement of case by arbitrator, etc., O. 73, r. 3(2)
before-
judge in chambers, O. 73, r. 3
in court, O. 73, r. 2
service out of the jurisdiction, O. 73, r. 7
time limits, O. 73, r. 5
transfer to particular list, O. 73, r. 6
registration of foreign awards, O. 73, r. 8
statement of case:
by arbitrator, O. 73, r. 2(2)
taxation of costs, O. 62, r. 12
Arbitration, foreign awards
registration, O. 73, r. 8
Arbitration
registration of awards under Arbitration
(Interational Investment Disputes) Act 1966-O. 73, r. 9
Arrest of ship, etc. See Admiralty proceedings
Assessment of damages (O. 37)
at trial, O. 37, r. 4
Registrar, O. 37, r. 1
certificate of Registrar, O. 37, r. 2
form of judgment after, O. 42, r. 1
order for, O. 37, r. 4
to time of assessment, O. 37, r. 6
Assessors
trial of action with, O. 33, rr. 2, 6
admiralty action, O. 75, r. 26(3)
Attachment of-debt due to judgment debtor. See Garnishee proceedings; Foreign Attachment
from Crown, O. 77, r. 16
interim, of property, O. 44A, r. 7
compensation for unjustifiable, O. 44A, r. 12
defendant to furnish security, O. 44A, r. 7
procedure for showing cause, O. 44A, r. 9
rights of others, O. 44A, r. 10
warrant, O. 44A, r. 8
Bail action in rem. See Admiralty proceedings in contempt cases, O. 59, r. 20(2)
Bailiff
undertaking to pay expenses and fees to, in admiralty proceedings, O. 75, rr. 8(3), 10(3), 13(7), 23(3), 23A
Bankruptcy
appeal:
against order, etc., time for, O. 59, r. 4
book debt, registration of assignment, O. 95, r. 6
of party. See Party
R.S.C., applicability of, to bankruptcy proceedings, O. 1, r. 2
Bills of Sale Ordinance, (Cap 20)
entry of satisfaction, O. 95, r. 2
rectification of register, O. 95, r. 1
restraining removal on sale of goods seized, O. 95, r. 3
search of register, O. 95, r. 4
Body corporate. See Corporations
Books
business books, production for inspection, O. 24, r. 14
of account as evidence, O. 43, r. 3(2)
proof of entry in, O. 38, r. 3(2)
Breach of contract. See Contract
Breach of duty, etc.
proceedings to be begun by writ, O. 5, r. 2
British consul. See Consul
Business books. See Books
Business name
persons carrying on business in other name, O. 81, r. 9
Carriage by Air Act 1932
service of notice of writ on High Contracting Party, O. 11, r. 7
Case stated
appeal by way of-
from tribunals, O. 61, rr. 2, 3
Cause book
definition, O. 1, r. 4(1)
entry of acknowledgment of service in, O. 12, r. 4
Cause of action (O. 15)
joinder of causes, O. 15, r. 1
separate trials of, O. 15, r. 5
Certiorari. See Judicial review
Chambers (O. 32) (See also Interlocutory applications) absence of party at, O. 32, r. 5 applications, mode of making, O. 32, r. 1
adjournment into and from Court, O. 32, r. 18 affidavit, notice of filing, O. 32, r. 17 disposal of matter in chambers, O. 32, r. 19 documentary evidence, production of original, O. 32, r. 21 expert, assistance of, O. 32, r. 16 jurisdiction of Registrar, O. 32, r. 11 note of proceedings, O. 32, r. 22 papers for use of court, O. 32, r. 21 proceedings under judgment (O. 44)
binding of person not a party, O. 44, r. 2(2)
directions by court, O. 44, r. 3
discharge, variation or addition to judgment, O. 44, r. 2(4)
for administration of estate or trust:
advertisement for creditors, etc., O. 44, r. 5 examination and adjudication of claims, etc., O. 44, rr. 6, 7 interest on debts, O. 44, r. 9 notice of adjudication, O. 44, r. 8
master's order, O. 44, r. 11
appeal from, O. 44, r. 12
notice of judgment: acknowledgment of service of, O. 44, r. 2(3) memorandum indorsed on, O. 44, r. 2(3)
subpoena for attendance of witness, O. 32, r. 7
summons, issue of, O. 32, r. 2
adjournment, O. 32, r. 4
amendment, O. 32, r. 2(2)
restoration to list, O. 32, r. 4(2)
Charging order (O. 50)
discharge of, O. 50, r. 7
enforcement of judgment generally by, O. 45, r. 1(1)
sale by, O. 50, r. 9A
injunction, may be granted by master, O. 50, r. 9
on beneficial interest
order nisi, O. 50, r. 1
order absolute, O. 50, r. 3
trustee interests, O. 50, r. 4
securities, out of court, O. 50, r. 5
(including funds) in court, O. 50, r. 6
stop notice, effect of, O. 50, r. 12
amendment of, O. 50, r. 13
Charities Procedures Act 1812
application by Secretary for Justice, O. 120, r. 4
Charitable Trusts
application, by Secretary for Justice under Charities Procedure Act 1812, O. 120, r. 4 hearing of, in chambers, O. 120, r. 1 may be made by Secretary for Justice, trustees, interested persons or two or more inhabitants, O. 120, r. 3 to be made by summons, O. 120, r. 1
Chattels, delivery up of. See Detinue and see Interpleader
Christmas Vacation
exclusion of, O. 3, r. 3
Collision between ships. See Admiralty proceedings on land, discovery of documents in actions arising out of, O. 24, r. 2(2)
Commencement of proceedings
mode of, O. 5, r. 1
Commissioners for oaths (O. 114)
appointment of, O. 114, r. 1
authority to administer oaths, O. 114, r. 2
Committal (O. 52)
for contempt of court, O. 52, rr. 1-9
application for leave, O. 52, r. 2
discharge of person committed, O. 52, r. 8
form, O. 52, r. 1
hearing in private, O. 52, r. 6
powers of court, O. 52, rr. 3-9
suspension of order, O. 52, r. 7
for non-compliance with order for-
discovery or production of documents, O. 24, r. 16
of solicitor, non-compliance with undertaking, action in rem, O. 75, r. 9
to enforce judgment, O. 45, rr. 1, 3, 4
against officer of body corporate, O. 45, r. 5
for delivery of goods, discharge of person committed, O. 52, r. 8
Common knowledge
proof of, O. 38, r. 3(2)
Companies
acknowledgment of service and notice of intention to defend by solicitor or by person authorized by defendant, O.
12, r. 1(2)
address for service, O. 65, r. 5(2)
committal order against officer of, O. 45, r. 5
Companies Ordinance, proceedings under. See Companies Ordinance
debenture holders' actions. See Debenture Holders' Actions
firm, proceedings by and against. See Partners
interrogatories, order for, O. 26, r. 2
proceedings of, bringing by solicitor, O. 5, r. 6(2)
sequestration, against officer of, O. 45, r. 5(1)(ii)
service on, O. 65, r. 2(d)
solicitor, representation by, O. 5, r. 6(2), O. 12, r. 1(2)
winding-up:
appeal against order, etc., time for, O. 59, r. 4(1)(b)
R.S.C., applicability of, to proceedings, O. 1, r. 2(2)
Companies Ordinance, proceedings under (O. 102): applications, mode of making, O. 102, rr. 2-5 claims:
adjudication of, O. 102, r. 13
affidavit as to, O. 102, r. 12
creditors:
consent of, O. 102, r. 15
list of, O. 102, r. 8
objecting, O. 102, r. 14
inquiry as to debts, O. 102, rr. 8-16
petition:
advertisement of, O. 102, r. 11
application by, O. 102, r. 5
time for hearing, O. 102, r. 16
shares at a discount, order sanctioning, O. 102, r. 17
summons for directions, O. 102, r. 7
title of proceedings, O. 102, r. 6(2)
Compromise. See Construction proceedings; Disability, person under
Concurrent writ. See Writ of summons
Conditional sale agreements, actions arising from. See under Hire-purchase agreements
Consolidation of proceedings, O. 4, r. 9
Construction proceedings
approval of compromise, O. 15, r. 13(4)
beginning of proceedings, O. 5, rr. 1-6
unascertainable persons, O. 15, r. 13
judgment binding on, O. 15, r. 13(4)
Consul
taking of evidence before, O. 39, r. 2(2)
Contempt of court
appeals and applications:
to Court of Appeal. See Court of Appeal
committal for (O. 52), O. 52, rr. 1-9
form of order, O. 52, r. 1
other punishments, O. 52, r. 9
release of appellant pending appeal, O. 59, r. 20
Contract
action in respect of, service of writ:
in pursuance of, O. 10, r. 3
on agent of oversea principal, O. 10, r. 2
breach of, proceedings to be begun by writ, O. 5, r. 2
construction of, commencement of proceedings, O. 5, r. 4(2)
joinder of parties jointly liable under, O. 15, r. 4(3)
Contribution
claim of, by defendant:
against other party, O. 16, r. 8
third party, O. 16, r. 1
offer of:
effect on costs, O. 62, r. 5
non-disclosure, O. 16, r. 10
Convictions
evidence, as, O. 18, r. 7A
matters to be pleaded, O. 18, r. 7A
contesting, when O. 18, r. 7A(3)
Copyright Act 1956
case stated under s. 30, O. 93, r. 14
Corporations
address for service, O. 65, r. 5(2)(d)
committal order against officer of, O. 45, r. 5(1)(iii)
interrogatories, order for, O. 26, r. 2
proceedings of, bringing by director or solicitor, O. 5, r. 6(2)
acknowledgment of service and notice of intention to defend by solicitor or by person authorized by defendant,
O. 12, r. 1(2)
sequestration, against officer of, O. 45, r. 5(1)(ii)
service on, O. 10, r. 1(7), O. 65, r. 3
Costs (O. 62)
amendment of documents, O. 20, r. 8
writ or pleadings, O. 20, r. 5
appeal cases, O. 62, r. 4(2), (3)
application for summary judgment, O. 14, r. 7
assessment of costs:
discretionary costs, O. 62, r. 32, First Sch., Pt. II, para. 1
of solicitor payable by own client, O. 62, r. 29
payable by infant plaintiff, etc., O. 62, r. 30
on common fund basis, O. 62, r. 28
party and party basis, O. 62, r. 28 scale of costs, O. 62, r. 32, O. 62, r. 32, First & Second Schs. bill of costs, solicitor's, O. 62, r. 25 comprised in account, taxation of, O. 62, r. 19 filing of, O. 62, r. 21
delay in, O. 62, r. 22 claim for debt or liquidated demand, O. 62, r. 9(3) contribution, effect of offer of, O. 62, r. 5 creditor proving claim, O. 62, r. 3(9) delay in proceeding, O. 62, r. 7 disallowance of costs:
arising from misconduct or neglect, O. 62, r. 7
for acting unreasonably, O. 62, r. 6
unnecessary attendance on taxation, O. 62, r. 27(1)
discontinuance, etc., O. 21, r. 3 discontinued action, O. 62, r. 10(3) discretion of court, O. 62, r. 3(2), (3)
matters to be taken into account, O. 62, r. 5
restriction of discretion, O. 62, r. 6 discretionary costs, O. 62, r. 32, First Sch., Pt. II, para. 1 dismissed summons to set aside proceedings, O. 62, r. 11 entitlement to costs, O. 62, rr. 3-11
arising from misconduct or neglect, O. 62, r. 7
following the event, O. 62, r. 3
to fractional or gross sum in lieu of taxation, O. 62, r. 9
taxed costs, O. 62, r. 9(4) extension of time, O. 62, r. 3(5) fixed costs, O. 62, r. 32, Second Sch.
of creditor proving claim against estate, O. 62, r. 3(8), (9) garnishee proceedings, O. 49, r. 10 infant plaintiff, O. 62, r. 30 interpleader proceedings, O. 17, r. 8 judgment for, in default of appearance, O. 13, r. 6(2)
without trial, fixed costs on, O. 62, r. 32, Second Sch. litigant in person, O. 62, r. 28A misconduct, O. 62, r. 7 mortgagee, O. 62, r. 6(2) neglect, O. 62, r. 7 offer of contribution, effect of, O. 62, r. 5 payment of, forthwith, O. 62, r. 4(1) payment into court, effect of, O. 62, r. 5 personal representative, O. 62, rr. 6(2), 31 plaintiff under disability, O. 62, r. 30 probate in solemn form, O. 62, r. 6(1) proving fact or document not admitted, O. 62, rr. 3(6), (7), 7 review-
by judge, O. 62, r. 35
taxing master, O. 62, r. 34 scale of costs, O. 62, r. 32, First & Second Schs. security for costs, O. 23, rr. 1-3 simultaneous trials, O. 4, r. 9 solicitor's-
costs order for taxation. See Legal Practitioners Ordinance, (Cap 159) payable by own client, O. 62, r. 29 infant plaintiff, etc., O. 62, r. 30
liability for, O. 62, r. 8
taxation of costs:
adjournment of taxation proceedings, O. 62, r. 26
assessment of costs on. See "assessment of costs" above
by taxing master, O. 62, r. 9(2)
commencement of proceedings for, O. 62, r. 21
comprised in account, O. 62, r. 19
deposit of papers and vouchers, O. 62, r. 23
disallowance of unnecessary attendance, O. 62, r. 27(1)
entitlement to, O. 62, r. 9(3)
extension of time, O. 62, r. 16
interim certificates, O. 62, r. 17
notice of appointment, O. 62, r. 21
of party liable to pay costs, O. 62, r. 18
powers of taxing officers, O. 62, rr. 12-19
certain judicial clerks, O. 62, r. 13
costs payable out of fund, O. 62, rr. 27, 28
without order, O. 62, r. 11
time for dealing with costs, O. 62, r. 4
trustee, O. 62, rr. 6(2), 31
writ of fi. fa., separate, for costs, O. 62, r. 3(2)
Counsel
allowance of fees of counsel, O. 62, r. 32, First Sch., Pt. II para. 2
Counterclaim (O. 15) (see also Pleadings; Service) against additional party, O. 15, r. 3 acknowledgment of service of:
judgment, etc., in default, O. 15, r. 3(5), (6)
adding party to title of action, O. 15, r. 3(2)
joining of party, O. 15, r. 4
notice to be indorsed on copy for service, O. 15, r. 3(6)
right of party to defend, O. 15, r. 3(5)
against plaintiff, O. 15, r. 2
addition of, to defence, O. 15, r. 2
joinder of causes, O. 15, r. 1
proceeding with after judgment, etc., O. 15, r. 2(3)
Crown proceedings, O. 77, r. 6
discontinuance of, O. 21, r. 2(2)(b)
dismissal on failure to take out summons for directions, O. 25, r. 1(4)
to give information, etc., O. 25, r. 6(3)
effect on third party proceedings, O. 16, r. 11
matters to be pleaded, O. 18, r. 18
originating summons action, O. 28, r. 7
payment into court, with, acceptance of:
effect on costs, O. 62, r. 3
stay of proceedings, O. 22, r. 3(5)
separate trial of, O. 15, r. 5
stay of execution pending trial of action, O. 14, r. 3(2)
proceedings on acceptance of money paid into court, O. 22, r. 3(5) striking out of, O. 15, r. 5, O. 18, r. 19 after death of party, O. 15, r. 9 summary judgment on, O. 14, r. 5
Court documents
use of, in evidence, O. 38, r. 10
Court expert (O. 40)
accident cases, O. 38, r. 37
appointment of, O. 40, r. 1
cross-examination of, O. 40, r. 4
evidence of,
expert, O. 38, r. 35 et seq.
statement contained in, O. 38, r. 41
experiments and tests, O. 40, r. 3
limitation of expert evidence, O. 38, r. 4
medical evidence, O. 38, r. 37
non-medical evidence, O. 38, r. 38
remuneration, O. 40, r. 5
report of, O. 40, r. 2
another party, use of in evidence, O. 38, r. 42
time for putting in evidence, O. 38, r. 43
fee for, O. 40, r. 5(1)
setting question for, O. 40, r. 1(3)
statement in, evidence by, O. 38, r. 41
witnesses, expert, O. 38, r. 35 et seq.
number of, O. 38, r. 4
Court of Appeal (O. 59, O. 61)
appeals to,
against decree nisi, O. 59, r. 16
contempt of court cases, O. 59, r. 20
documents to be lodged, O. 59, r. 9
evidence on appeal, O. 59, r. 12
admission of additional evidence, O. 59, r. 10(2)
from District Court, O. 59, r. 19
in interpleader proceedings, O. 58, r. 7
Registrar, O. 58, r. 1
tribunals, O. 61, rr. 2, 3
from tribunal, by case stated, O. 61, r. 2 other than by case stated on point of law, O. 60A, rr. 1-6
impounding documents, custody and inspection of, O. 59, r. 10(7), (8)
interest on Supreme Court judgment pending, O. 59, r. 13(2)
new trial, order for, O. 59, r. 11
notice of appeal, O. 59, r. 3
against decree nisi, O. 59, r. 16
amendment, O. 59, r. 7
service:
contempt of court cases, O. 59, r. 20 District Court appeals, O. 59, r. 19 directions as to, O. 59, r. 8 extension of time, O. 59, r. 15
payment into court, non-disclosure of to, O. 59, r. 12A
respondent's notice, O. 59, r. 6
amendment, O. 59, r. 7
direction as to service, O. 59, r. 8
setting down appeal, O. 59, r. 5
against decree nisi, O. 59, r. 16
from District Court, O. 59, r. 19
stay of execution pending, O. 59, r. 13
time for appealing, O. 59, r. 4
against decree nisi, O. 59, r. 16
extension of time for, O. 59, r. 15
from District Court, O. 59, r. 19
application to, O. 59, r. 14
for new trial, O. 59, r. 2
to set aside trial and verdict, O. 59, r. 2
judgments and orders of, O. 59, r. 10(3)
powers of, O. 59, rr. 10, 11
as to new trials, O. 59, r. 11
free copies, O. 68, r. 4
Crown privilege, O. 77, r. 12
Crown proceedings (O. 77)
certificate of order against Crown, O. 77, r. 15 for costs, O. 77, r. 15 claim, indorsement of, O. 77, r. 3 further and better particulars of, O. 77, r. 3(2) counterclaim, O. 77, r. 6 discovery, O. 77, r. 12 Crown privilege, O. 77, r. 12(2) evidence, taking of, O. 77, r. 14 execution against Crown, O. 77, rr. 15, 16 in rem actions against Crown, O. 75, r. 1, O. 77, rr. 1, 18 interpleader, application for order barring Crown, O. 77, r. 11 interrogatories, O. 77, r. 12 judgment in default by Crown, O. 77, r. 9 money payable by Crown: attachment, O. 77, r. 16 payment to receiver, sequestrator, etc., O. 77, r. 16 perpetuation of testimony, O. 77, r. 14 possession of land, proceedings for, O. 1, r. 6 postal packet, proceedings concerning, O. 77, r. 17 service on Crown, O. 77, r. 4 set-off, O. 77, r. 6 summary judgment, O. 77, r. 7 third party proceedings: default by Crown, O. 77, r. 9 third party notice, against Crown, O. 77, r. 10
Damage to property
proceedings to be begun by writ, O. 5, r. 2
Damages
exemplary, pleading of, O. 18, r. 8(3) personal injuries, provisional, O. 37, rr. 7, 8, 9, 10 provisional, pleading, O. 18, r. 8(3) variation by Court of Appeal of sum awarded, O. 59, r. 11(4) and see Assessment of damages; Unliquidated damages
Death
claim in respect of, mode of beginning proceedings, O. 5, r. 2 of party. See Party
person entitled to fund in court, O. 22, r. 11
representation of interested deceased person, O. 15, r. 15
Debenture holders' actions (O. 87)
evidence of transfer of debenture or stock, O. 87, r. 4 payment by Registrar, O. 87, r. 6 proceedings in chambers under judgment. See under Chambers proof of title, holder of bearer debenture, O. 87, r. 5 receiver's register, O. 87, r. 1
rectification, O. 87, r. 3
Debt (see also Liquidated demand) attachment of. See Garnishee proceedings imprisonment for, O. 49B, r. 1B interest on debt of deceased, O. 44, r. 9
Declaration of right, O. 15, r. 16
Deeds
construction of, beginning of proceedings for, O. 5, r. 4
enrolment, O. 63, r. 10
setting by court, directions as to, O. 44, r. 3
Defamation actions (O. 82) evidence in mitigation of damages, O. 82, r. 7 indorsement of writ, O. 82, r. 2 interrogatories, O. 82, r. 6 offer of amends, fulfilment, O. 82, r. 8
form of application, O. 82, r. 8(2)
particulars to be given, O. 82, r. 3
payment into court
by some of defendants, acceptance of, O. 82, r. 4
disclosure of, O. 82, r. 5
statement in open court, O. 82, r. 5
Defence (see also Pleadings) joinder of issue on, O. 18, r. 14 judgment in default. See under Judgment jus tertii, plea of, O. 15, r. 10A leave to defend on application for summary judgment, O. 14, r. 4
directions, O. 14, r. 6
of set-off, O. 18, rr. 17, 18
tender, O. 18, r. 16
payment out of court of money paid with, O. 22, r. 4
striking out:
on failure to answer interrogatories, O. 26, r. 6(1)
to give discovery, O. 24, r. 16(1)
time for service, O. 18, r. 2
to counterclaim, O. 18, r. 18
service of, O. 18, r. 3
under Merchant Shipping Acts, O. 18, r. 22
withdrawal of, O. 21, r. 2(2)
Defendant (see also Party) acceptance of service by solicitor, O. 10, r. 1(4)
in person:
acknowledgment of service, O. 12, r. 3
defence of action by, O. 12, r. 1(1)
overseas, service of writ on agent, O. 10, r. 2
representative capacity, indorsement on writ, O. 6, r. 3
within the jurisdiction, service of writ, O. 10, r. 1(2)
Definition of terms, O. 1, rr. 3, 4
Delay in proceeding
costs occasioned by, O. 62, r. 7
notice of intention to proceed, O. 3, r. 6
Delivery of goods (see also Writ of delivery) enforcement of judgment for, means of, O. 45, r. 4 order limiting time for, O. 45, r. 5(3)
Denial
by joinder of issue, O. 18, r. 14
pleading, O. 18, r. 13
Deposition, evidence by. See Evidence
Detinue
enforcement of judgment, means of, O. 45, r. 4
judgment: in default of defence, O. 19, r. 4 on failure to give notice of intention to defend, O. 13, r. 3
order to deliver up chattels, O. 14, r. 9
summary judgment, O. 14, r. 9
Directions in admiralty actions. See Admiralty proceedings particular proceedings, O. 72, r. 8 on hearing of originating summons, O. 28, r. 4 interlocutory applications, O. 29, r. 7 summons for. See Summons for directions
Disability, person under (O. 80) (see also Minors) approval of court to settlement, etc., O. 80, r. 11 change of party on death, etc., O. 80, r. 7 compromise by, O. 80, r. 10 discovery by, O. 80, r. 9 guardian ad litem, proceeding by, O. 80, r. 2
appointment of, O. 80, r. 3 in probate action, O. 80, r. 3 where service not acknowledged, O. 80, r. 6
representation by solicitor, O. 80, r. 2(3)
interrogatories by, O. 80, r. 9
meaning of, O. 80, r. 1
money recovered by, control of, O. 80, r. 12
next friend, proceeding by, O. 80, r. 2
appointment of, O. 80, r. 3
in probate action, O. 80, r. 3
representation by solicitor, O. 80, r. 2(3)
payment into court:
acceptance of, by, O. 80, r. 12
transfer to District Court, O. 80, r. 12(3)
payment out of court to, O. 22, r. 4
pleading of, admissions not to be implied, O. 80, r. 8
probate action:
appointment of next friend or guardian ad litem, O. 80, r. 3 service shall not be acknowledged, O. 80, r. 3 writ, issue of, O. 80, r. 3
service on, O. 80, r. 16
settlement by, O. 80, r. 11
Discontinuance (O. 21)
effect of, O. 21, r. 4
of action etc., O. 21, rr. 2, 3
costs of, O. 21, r. 5
counterclaim, O. 21, rr. 2, 3
proceeding with counterclaim after, O. 15, r. 2(3)
stay of subsequent action until costs paid, O. 21, r. 5
Discovery of documents (O. 24)
by person under disability, O. 80, r. 9
Crown proceedings, O. 77, r. 12
determination of issue before, O. 24, r. 4
dispensing with, O. 24, r. 1(2)
failure to give discovery, O. 24, r. 16
in action for recovery of penalty, O. 24, r. 2(3)
collision cases, O. 24, r. 2(2)
limitation of, O. 24, r. 2(5), (6)
list of documents:
affidavit verifying, O. 24, r. 2(7)
by Crown, O. 77, r. 12(3)
form of, O. 24, r. 5(3)
form of, O. 24, r. 5
service, O. 24, r. 2(7)
mutual discovery, O. 24, r. 1
Crown proceedings, O. 77, r. 12(1)
non-disclosure on ground of public interest, O. 24, r. 15
order for, O. 24, r. 3
for discovery of particular document, O. 24, r. 7
for provision of copies of documents, O. 24, r. 11A
privilege from production, O. 24, r. 5(2)
to co-defendant, etc., O. 24, r. 6
use of document, O. 24, r. 14A
without order, O. 24, r. 2
Crown proceedings, O. 77, r. 12(1)
Dismissal of action
after decision of preliminary issue, O. 33, r. 7
for want of prosecution, O. 34, r. 2(2)
originating summons action, O. 28, r. 10
in default of:
answer to interrogatories, O. 26, r. 6(1)
discovery, etc., O. 24, r. 16(1)
service of statement of claim, O. 19, r. 1
setting down, O. 34, r. 2(2)
summons for directions, etc., O. 25, r. 1(4), (5)
on failure to give information, etc., O. 25, r. 6(3)
on striking out of pleading, etc., O. 18, r. 19
proceeding with counterclaim after, O. 15, r. 2(3)
taxation of costs without order, O. 62, r. 11
Distribution of fund
before all entitled persons ascertained, O. 43, r. 8
District Court, transfer of proceedings from (O. 78)
acknowledgment of service, O. 78, r. 3
notice of intention to defend,
judgment on, O. 78, r. 4
Registrar, duties of, O. 78, r. 2
summary judgment, O. 78, r. 5
summons for directions, O. 78, r. 5
Divorce. See Matrimonial proceedings
Documents (see also Court documents, and under name of particular document) admission. See Admission amendment of, O. 20, rr. 1-11 bundle of, treatment as one exhibit, O. 35, r. 11(4) copies of: for other party, O. 66, r. 3 indorsement of, O. 66, r. 4 deposit in court, O. 63, r. 5 discovery. See Discovery of documents documentary evidence. See Evidence exhibited to affidavit, O. 41, r. 11 impounded documents, O. 35, r. 13 by Court of Appeal, O. 59, r. 10(7), (8) indorsement as to amendment, O. 20, r. 10(2) inspection. See Inspection of documents irregularity in, setting aside for, O. 21, r. 2 lodging, on appeal to Court of Appeal, O. 59, r. 9 under order of court, O. 63, r. 5 notice to admit, O. 27, r. 5 and see under Admission notice to produce at trial, O. 27, r. 5(4) printed, etc. documents, O. 66, r. 2 production of: at trial, O. 38, r. 3(2) before Registrar on assessment of damages, O. 37, r. 1(3) in marine insurance action, O. 72, r. 10 on entry of judgment, O. 42, r. 5 summons for directions, O. 25, r. 6 taxation of costs, O. 62, r. 14 original in chambers, O. 32, r. 21 otherwise than at trial, O. 38, r. 13 to court, O. 24, r. 12 examiner, O. 39, r. 4 proof of document not admitted, costs of, O. 62, r. 3(7) quality of paper, O. 66, r. 1
service of. See Service
Drug Trafficking (Recovery of Proceeds)
application for restraint a charging order, O. 115, r. 3
application to register external confiscation order, O. 115, r. 13
secretary-for-justice-urgent applications, O. 115, r. 6
charging order, O. 115, r. 4
compensation, O. 115, r. 10
discharge of orders, O. 115, rr. 5, 23
disclosure, O. 115, r. 11
enforcement, O. 115, r. 19
external confiscation order, O. 115, r. 15
notice of registration, O. 115, r. 17
receivers, O. 115, r. 8
register of orders, O. 115, r. 4
restraint orders, O. 115, r. 4
rules subject to orders, O. 115, r. 21
statements, O. 115, r. 20
variation of orders, O. 115, r. 23
Easter Vacation
exclusion of, O. 3, r. 3
Enforcement of judgments (O. 45) (see also Charging orders; Committal; Execution; Garnishee proceedings; Possession of land; Receiver; Sequestration; Writ of delivery; Writ of fieri facias)
against firm, O. 81, r. 5
judgment debtor residing abroad, O. 71, r. 7
by and against person not a party, O. 45, r. 9
in action between partners, O. 81, r. 6
possession action against several defendants, O. 13, r. 4(5)
mandatory order, injunction, etc.:
doing act at expense of disobedient party, O. 45, r. 8
indorsement of order, O. 45, r. 7(4)
means of, O. 45, r. 5
order fixing time, O. 45, r. 6
service of copy order, O. 45, r. 7
means of, O. 45, rr. 1-7
of foreign court. See Foreign proceedings
order for sale, O. 47, r. 6
possession of land, O. 13, r. 4
stay of execution for matter occurring after judgment, O. 45, r. 11
Enrolment of deeds, etc., O. 63, r. 10
Evidence (O. 38, O. 39)
admission of statements in documents, order for, O. 25, r. 4
before Court of Appeal, O. 59, rr. 10, 12
books of account, O. 43, r. 3(2)
by affidavit. See Affidavit
commission, order for examination of witnesses, etc., O. 70, r. 2
deposition:
taking of before examiner of court, etc., O. 39, rr. 1-15
before judge as examiner (Admiralty proceedings), O. 75, r. 30
before special examiner, British consul, etc., O. 39, r. 2
use of, at trial, O. 38, r. 9
oral examination, O. 38, r. 1
production of documents, etc., O. 38, r. 3(2)
copy documents, etc., O. 38, r. 3(2) newspaper, O. 38, r. 3(2) statement on oath of information or belief, O. 38, r. 3(2)
court documents, O. 38, r. 10
documentary evidence: proceedings in chambers, papers for use of court, O. 32, r. 21 production. See Documents
exhibits: custody after trial, O. 35, r. 12 listing, numbering, etc., O. 35, r. 11
expert, O. 38, r. 35, O. 40, r. 1 See also COURT EXPERT. appointment of Court, O. 40, r. 1 disclosure of part of, O. 38, r. 39 limitation of, O. 38, r. 4 medical, O. 38, r. 37 meeting of, O. 38, r. 38 non-medical, O. 38, r. 38 number of witnesses, O. 38, r. 4, O. 40, r. 1 other, O. 38, r. 38 report of. See also COURT EXPERT.
another party, disclosed by, used in, O. 38, r. 42
direction for disclosure of, O. 38, r. 37
time for putting in, O. 38, r. 43
restrictions on adducing, O. 38, r. 36
statement, contained in, O. 38, r. 41 facts, common knowledge, of, O. 38, r. 3 for foreign court, obtaining of. See Foreign proceedings hearsay,
Admiralty, O. 75, r. 32
trial as a short cause, O. 75, r. 31
determining questions on giving, O. 38, rr. 3, 27, 28
jurisdiction of the court, O. 38, r. 33
statements in evidence,
adducing evidence as to credibility of maker, O. 38, r. 30
document, contained in, O. 38, r. 23
made in previous proceedings,
directions with respect to, O. 38, r. 28
made orally,
summons to admit, O. 38, r. 23
notice of intention to give, O. 38, r. 21
computer, produced by, O. 38, r. 24
contents of notice, O. 38, r. 24
counter-notice, O. 38, r. 26 credibility of witness to be attacked, where, O. 38, rr. 26, 30 previous legal proceedings, O. 38, rr. 26, 28 risk as to costs, O. 38, r. 32 service of, O. 38, r. 26
credibility of maker, affecting, O. 38, r. 30
inconsistent statements, O. 38, r. 31
contents of notice, O. 38, r. 22
orally, made, O. 38, rr. 21, 22
out of court, O. 38, r. 21
contents of notice, O. 38, r. 22
previous legal proceedings, O. 38, rr. 21, 28
records, contained in, O. 38, r. 21
contents of notice, O. 38, r. 23
opinion, of, O. 38, r. 34
out of court,
attacking credibility of maker, O. 38, r. 30
power of the court to allow, O. 38, r. 29
discretion, exercising, O. 38, r. 29
transcript, in criminal proceedings,
evidence, of, O. 38, rr. 22, 23, 24
witness, person as a,
counternotice requiring, O. 38, r. 26
determining whether, should be called, O. 38, r. 27
reasons for not calling, O. 38, r. 25
in Admiralty proceedings, further provisions with respect to,
in open court, O. 38, r. 1
manner of giving,
of particular fact, O. 38, r. 3
revocation or variation of order as to, O. 38, r. 6
of particular fact, O. 38, r. 3
of witness out of jurisdiction, taking of, O. 39, rr. 2, 3
order of adducing, at trial, O. 35, r. 7
originating summons procedure, O. 28, r. 4(3), (4)
plans, etc., limitation as to, O. 38, r. 5
recording of. See Recording of proceedings
taking of, in Crown proceedings, O. 77, r. 14
transcript of. See Recording of proceedings
trustee's written consent to act, O. 38, r. 11
use of, in subsequent proceedings, O. 38, r. 12
witness statement, exchange of, O. 38, r. 2A
Examination of judgment debtor, etc. (O. 48), O. 48, rr. 1-3
Examiner of the Court
forms of summons and order for, O. 39, r. 2
cross-examination of court expert before, O. 40, r. 4
order for payment, O. 39, r. 14
special report, O. 39, r. 13
taking of evidence before, O. 39, rr. 1-11
Exchange of land
by order of court, O. 31, r. 4
Execution (see also Delivery of goods; Enforcement of judgments; Interpleader; Possession of land;
Sequestration; Writ of fieri facias)
of judgment against third party, O. 16, r. 7
of judgment for money by imprisonment (O. 49B), O. 49B, rr. 1-7
stay of,
on default judgment, O. 13, r. 8
pending trial of counterclaim, O. 14, r. 3(2)
writs of (O. 46), O. 46, rr. 1-9
Executor. See also Personal representative accounts, order for, O. 85, r. 5(2) execution of trust under direction of court. See Administration of estates
representation of beneficiary by, O. 15, r. 14
Exhibits. See also Affidavit custody of, after trial, O. 35, r. 12 listing, numbering, etc., O. 35, r. 11
Experiments and tests
by court expert, O. 40, r. 3
Expert (see also Court expert) assistance of, in chambers, O. 32, r. 16 cost of, O. 62, r. 32, First Sch., Pt. II, para. 4
expert witness:
calling of, where court expert appointed, O. 40, r. 6
limitation as to, O. 38, r. 4
Extension of time. See under Time; Costs; Writ, etc.
Fatal Accidents Ordinance
control of money recovered, O. 80, rr. 12, 13
costs, taxation of, O. 62, r. 30(2)
payment into court:
apportionment of money, O. 80, r. 15
notice of, O. 22, r. 3
out of court, O. 22, r. 4
Filing. See under name of particular document
Folio
defined, O. 1, r. 4
Foreclosure. See Mortgage actions
Foreign country. See Foreign proceedings; Service out of the jurisdiction
Foreign proceedings
evidence for foreign court, etc., obtaining of (O. 70), O. 70, rr. 2-5
certification of deposition, etc., O. 70, r. 5
claim to privilege, O. 70, r. 6
manner of taking examination, O. 70, r. 4
application for order, O. 70, r. 2
by Law Officer (International Law), O. 70, r. 3
foreign judgments, registration and enforcement of (O. 71), O. 71, rr. 2-13 execution, determination of questions as to, O. 71, r. 11 setting aside registration, O. 71, r. 9 writ of fieri facias to enforce, O. 45, r. 12, O. 71
merchant shipping (Liner Conferences) Act 1982
recommendations, enforcement of, O. 71, rr. 41-44
service of foreign process (O. 69), O. 69, rr. 1-4
Forfeiture (see Possession of land)
Forms
list of prescribed forms, see list after O. 115
use of, O. 1, r. 9
Fraud
allegation of, proceedings to begin by writ, O. 5, r. 2
Funds in court
application for payment, investment, etc., in, O. 92, r. 5
charging order on, O. 50, r. 6
investment, O. 22, r. 13
stop order as to, O. 50, r. 10
to credit of judgment debtor, O. 49, r. 9
Garnishee proceedings (O. 49), O. 49, rr. 1-10 against firm, O. 81, r. 7 claims of third persons, O. 49, r. 6 costs, O. 49, r. 10 determination of issues in dispute, O. 49, rr. 5, 6 discharge of garnishee, O. 49, r. 8 dispute of liability by garnishee, O. 49, r. 5 enforcement of judgment by, O. 45, r. 1 fixed costs, O. 62, r. 32, Second Sch. and item 2 in Pt. III thereof money in court to credit of judgment debtor, O. 49, r. 9 order absolute, O. 49, r. 1
enforcement of, O. 49, r. 4(2)
form of, O. 49, rr. 1, 4
order to show cause:
application for, O. 49, r. 2
form of order, O. 49, r. 1
service and effect of order, O. 49, r. 3
General Holiday
exclusion of, O. 3, r. 2(5)
time expiring on, O. 3, r. 4
Goods (see also Delivery of goods; Detinue; Interpleader) assessment of value after judgment, O. 37, r. 5 sale under execution, O. 47, r. 7
Government department. See Crown proceedings
Guardian ad litem. See Disability, person under
Habeas corpus, writs of (O. 54)
ad respondendum:
application for, O. 54, r. 9
form of, O. 54, r. 10
ad subjiciendum:
application for, O. 54, rr. 1, 2
notice of motion, O. 54, r. 2
form, O. 54, r. 2
form of writ and notice, O. 54, rr. 6, 10
hearing of, O. 54, r. 8
return to writ, O. 54, r. 7
directions as to, O. 54, r. 5
service of writ and notice, O. 54, r. 6
ad testificandum:
application for, O. 54, r. 9
form of, O. 54, r. 10
Hire-purchase agreements, actions arising from: judgment in default, O. 84A, r. 3 statement of claim, O. 84A, r. 2
Husband and wife (O. 89)
action between, tort, in, O. 89, r. 2 judgment in default of appearance or defence, O. 89, r. 2(3) property, determination of questions of, s. 6 of Cap 182, O. 89, r. 1
Imprisonment for debt (O. 49B)
application for discharge by prisoner, O. 49B, r. 6
duration, O. 49B, r. 1(2)
effect of discharge, O. 49B, r. 7
enforcement, O. 49B, r. 1
examination of debtor, O. 49B, r. 1A
imprisonment not to satisfy debt, O. 49B, r. 1C
judgment creditor, meaning of, O. 49B, r. 8
power of court following examination, O. 49B, r. 1B
prohibition order, O. 49B, rr. 1, 1B
removal to hospital, O. 49B, r. 3
support and maintenance, O. 49B, r. 2
Indemnity, claim of against other party, O. 16, r. 8 against third party, O. 16, r. 1
Inferior Court
issue of subpoena in aid of, O. 38, r. 19
and see under Magistrates' Court
Injunction
application for, O. 29, r. 1
directions as to further proceedings, O. 29, r. 7
joined with application for receiver, O. 30, r. 1
disobedient party, act to be done at expense of, O. 45, r. 8 enforcement of, O. 45, rr. 5-9 powers of Registrar, O. 32, r. 11 restraining person from acting in office, application for, O. 53, r. 1
Inquiries (O. 43)
application for, O. 43, r. 1
delay in prosecution of, O. 43, r. 7
directions as to, O. 43, r. 3
distribution of fund pending, O. 43, r. 8
evidence at, O. 38, r. 8
making of, at direction of court, O. 43, r. 2
by other party or Official Solicitor, O. 43, r. 7(2) numbering of, O. 43, r. 2(2) proceedings in chambers under judgment. See under Chambers
Inspection (see also Inspection of documents) by judge or jury, O. 35, r. 8
Inspection of documents (O. 24)
Admiralty proceedings, O. 75, r. 46
failure to give inspection, O. 24, r. 16
impounded documents, O. 35, r. 13
of documents referred to in list, O. 24, r. 9
in pleadings and affidavits, O. 24, r. 10
order for production for, O. 24, rr. 12-14
non-compliance with, O. 24, r. 16
of business books, O. 24, r. 14
to Court, O. 24, r. 8
withholding on ground of public interest, O. 24, r. 15
Inspection of property
under ss. 42 and 44(1) of the Supreme Court Ordinance, O. 29, r. 7A
Interest
on Supreme Court judgment pending appeal, O. 59, r. 13(2) liquidated demand, rate of, accruing after date of writ, O. 13, r. 1(2) money due from receiver, O. 30, r. 6
Interim payment
action, discontinuance of, O. 29, r. 17
application for, O. 29, r. 10
directions, summons for, O. 29, r. 14
summons by, O. 29, r. 10
damages, actions for, O. 29, r. 11
definition of, O. 29, r. 9
directions on, O. 29, r. 14
discontinuance of action, O. 29, r. 17
land, actions for possession, O. 29, r. 12
manner of payment, O. 29, r. 13
non-disclosure of, O. 29, r. 15
order for, O. 29, rr. 11, 12
discharge of, O. 29, r. 17
varying, O. 29, r. 17
personal injury actions,
adjustment, final, O. 29, r. 17
admiralty action, O. 75, r. 24
application for, O. 29, r. 10
affidavit in support, O. 29, r. 10
directions thereafter, O. 29, r. 14
joined with, judgment on admissions, O. 29, r. 11
assessment of damages, O. 29, r. 11
counterclaim, interim order on, O. 29, r. 18
order for,
instalments, O. 29, r. 13
interim payment, O. 29, r. 13
payment into court after, O. 29, r. 16
summons for directions, O. 29, r. 14
summons, applications by, O. 29, r. 10
service of, O. 29, r. 10
possession of land actions, O. 29, r. 12
application for,
directions on, O. 29, r. 14
counterclaim, in respect of, O. 29, r. 18
order for, O. 29, r. 12
payment into court, O. 29, r. 16
periodic payment, O. 29, r. 13
summons for directions, O. 29, r. 14
summons,
application by, O. 29, r. 10
service of, O. 29, r. 10
Interlocutory applications (O. 29) O. 29, rr. 1-17 application for receiver, O. 30, r. 1 directions as to further proceedings, O. 29, r. 7 time for making, O. 25, r. 7 and See under Applications; Chambers; Summons
Interlocutory judgment. See Judgment
Interlocutory order (see also Order) appeal against. See Appeals; Court of Appeal time for, O. 59, r. 4 service out of the jurisdiction, O. 11, r. 9
Interpleader (O. 17)
relief by way of, O. 17, rr. 1-11
appeal from judge, O. 58, r. 7
application for order against Crown, O. 77, r. 11
Interrogatories (O. 26), O. 26, rr. 1-8 application for, O. 26, r. 1 by person under disability, O. 80, r. 9 Crown proceedings, O. 77, r. 12 failure to comply with order, O. 26, r. 6 insufficient answer, O. 26, r. 5 objection to answer on ground of privilege, O. 26, r. 4 order for service on officer, etc., of body of persons, O. 26, r. 2 party, etc., required to answer, statement as to, O. 26, r. 3 revocation and variation of orders, O. 26, r. 8 use of answers at trial, O. 26, r. 7
Irregularity in proceedings
setting aside for, O. 2, r. 2
Joinder of party. See Party
Judge
in chambers:
appeal to, O. 58, r. 1
inspection by, or jury, O. 35, r. 8
naming of, in order, O. 42, r. 1(3)
trial mode of, O. 33, r. 2
Judgment (O. 42)
after death of party, O. 35, r. 9
form of, O. 42, r. 1
trial of preliminary issue, form of, O. 33, r. 7, O. 42, r. 1 against a State, O. 13, r. 7A against Crown, satisfaction, etc., O. 77, r. 15
personal representative, form of, O. 42, r. 1 acknowledgment of service, after, O. 12, r. 6 amendment of clerical mistakes, etc., O. 20, r. 11 arrest and attachment before, O. 44A, rr. 1-12 assessment of damages after. See Assessment of damages certificate of, against Crown, O. 77, r. 15 conditional judgment;
execution, O. 46, r. 4
waiver, O. 45, r. 10 consent, O. 42, r. 5A costs on discontinuance, form of judgment for, O. 62, r. 10(1)
after acceptance of money in court, form of, O. 62, r. 10(2), (3) date of effect, O. 42, r. 3 dating of, O. 42, r. 3 declaratory judgment, O. 15, r. 16 delivery of, O. 42, r. 5B directions on, O. 44, r. 3 drawing up and entry:
documents to be produced, O. 42, r. 5
in Admiralty proceedings, O. 75, r. 45 enforcement of. See Enforcement of judgments: Execution filing of, O. 42, r. 5 for disposal of matter in chambers, O. 32, r. 19 foreign judgment. See Foreign proceedings form of, O. 42, r. 1 given in absence of party at trial, setting aside, O. 35, r. 2 in default of
acknowledgment of service of
writ in action in rem, O. 75, r. 21
counterclaim, O. 15, r. 3
notice of intention to defend
against Crown, O. 77, r. 9
third party, O. 16, r. 5
in claim for detention of goods, O. 13, r. 3 liquidated demand, O. 13, r. 1
fixed costs, O. 62, r. 32, Second Sch.
mixed claims, O. 13, r. 5
possession of land, O. 13, r. 4
unliquidated damages, O. 13, r. 2
hire purchase action, O. 84A, rr. 1-3 money lenders' actions, O. 83A, rr. 1-5 mortgage actions, O. 88, r. 7 proof of service of writ required before, O. 13, r. 7 forms of, O. 13, rr. 1-4, O. 19, rr. 2-5, O. 42, r. 1 setting aside of, O. 13, r. 9 in default of defence, O. 19, rr. 2-7
against Crown, O. 77, r. 9
third party, O. 16, r. 5
form of, O. 13, rr. 1-4, O. 19, rr. 2-5, O. 42, r. 1
in action in rem, O. 75, r. 21
claim fordetinue, O. 19, r. 4 liquidated demand, O. 19, r. 2 fixed costs, O. 62, r. 32, Second Sch. mixed claims, O. 19, r. 6 possession of land, O. 19, r. 5 unliquidated damages, O. 19, r. 3 hire purchase action, O. 84, r. 3 money lenders' actions, O. 83A, r. 4 mortgage actions, O. 88, r. 7 indorsement as to service, need for, O. 10, r. 1(4) motion for, on setting down, O. 19, r. 7 setting aside, O. 19, r. 9 to counterclaim, O. 19, r. 8 in default of undertaking, action in rem, O. 75, r. 21 mandatory judgment: specification of time for doing act, O. 42, r. 2 order fixing time, O. 45, r. 6 matters occurring after, stay of execution, O. 45, r. 11 notice of. See under Chambers numbering of directions, O. 43, r. 2(2) official shorthand note all evidence of, O. 68, r. 1 on admissions of fact, O. 26, r. 3 application for third party directions, O. 16, r. 4 failure to discovery, etc., O. 24, r. 16 answer interrogatories, O. 26, r. 6 striking out of pleading, etc., O. 18, r. 19 proceedings under. See under Chambers recording of. See Recording of proceedings representative proceedings. See Representative proceedings setting aside, after trial. See Setting aside summary judgment (O. 14), O. 14, rr. 1-11 appeal against. See Court of Appeal time for, O. 59, r. 4 application for, O. 14, r. 1 directions, O. 14, r. 6 dismissal of, with costs, O. 14, r. 7 in action for specific performance, O. 86, r. 1 manner of making, O. 14, r. 2 on counterclaim, O. 14, r. 5 Crown proceedings, O. 77, r. 7 fixed costs, O. 62, r. 32, Second Sch. for delivery up of chattels, O. 14, r. 9 possession of land, relief against forfeiture, O. 14, r. 10 form of judgment, O. 14, r. 3, O. 42, r. 1 right to proceed with residue of action, etc., O. 14, r. 8 setting aside, O. 14, r. 11 action for specific performance, O. 86, r. 7 specific performance, in action for, O. 86, rr. 1-8 stay of execution, O. 14, r. 3(2) trial, master by, O. 14, r. 6 third party proceedings: between defendant and third party, O. 16, r. 7 default of third party, O. 16, r. 5 waiver of, O. 45, r. 10
Judgment creditor
stop order on funds in court, O. 50, r. 10
Judicial clerk
certificate of, O. 35, r. 10
list of exhibits, O. 35, r. 11
Judicial Review
affidavit
service of motion, of O. 53, r. 5
support, in, O. 53, r. 6
application, O. 53, rr. 1, 3, 5
cross examination, O. 53, r. 8
delay making, O. 53, r. 4
discovery, O. 53, r. 8
ex parte, for leave, O. 53, r. 3
hearing, O. 53, r. 9
interrogatories, O. 53, r. 8
mode of, O. 53, r. 3
motion, form of, App. A, Form No. 86
opposition to, right to be heard, O. 53, r. 9
originating motion, by, O. 53, r. 5
statements,
support, in, O. 53, r. 6 sufficient interest, by persons with, O. 53, r. 3(7) vacation, during, O. 53, r. 3(2)
applying for, mode of, O. 53, r. 5 cases appropriate for application for, O. 53, r. 1 Certiorari, by, O. 53, r. 1 consolidation of applications, O. 53, r. 12 costs, O. 53, r. 3
security for, O. 53, r. 3
"Court", definition of, O. 53, r. 14
cross examination, O. 53, r. 8
damages, claim for, O. 53, r. 7
declaration, O. 53, r. 1
delay in applying, O. 53, r. 4
discovery, O. 53, r. 8
grant of leave to apply for, O. 53, r. 3
hearing of application for, O. 53, r. 9
injunction by, O. 53, r. 1
interlocutory applications, O. 53, r. 8
interrogatories, O. 53, r. 8
joinder of claims for relief, O. 53, r. 2
Judge in Chambers,
appeal from order of, O. 53, r. 13 ex parte application for leave, O. 53, r. 3(2), (8) full application for, O. 53, r. 5 originating summons, application by, O. 53, r. 5 renewal after refusal by, O. 53, r. 3(8) setting and order of, O. 53, r. 13 vacation, application during, O. 53, rr. 3, 5
Jury
inspection by, O. 35, r. 8
trial of action with, O. 33, rr. 2, 5
Land
charging order on, O. 50, r. 1
recovery of. See Possession of land
sale, mortgage, exchange, etc. See Sale of land by the court
trespass to, see Possession of land
Landlord and tenant. See Possession of land
Law Amendment and Reform (Consolidation) Ordinance, (Cap 23)
joinder of action: payment into court, O. 22, r. 1 out of court, O. 22, r. 4 money paid into court under Fatal Accidents Ordinance, etc., O. 80, r. 15
Law Society
appeals from Disciplinary Committee, O. 106, r. 11
Legal Aid Ordinance, (Cap 91)
payment out of court, O. 22, r. 10
Legal practitioners Ordinance, (Cap 159), O. 106, rr. 1-17
appeal from disciplinary committee, O. 106, r. 11
constitution of Court of Appeal, O. 106, r. 11
disciplinary committee's opinion, direction for, O. 106, r. 15
discontinuance, O. 106, r. 17
Law Society, production of documents by, O. 106, r. 13
notice of motion, O. 106, r. 12
persons entitled to be heard, O. 106, r. 16
security for costs, O. 106, r. 14
cash account, order for, O. 106, r. 3
control of solicitor's property, O. 106, r. 3
service of originating summonses, etc., O. 106, r. 12
Part IV; jurisdiction under, O. 106, r. 2
service of documents on Law Society, etc., O. 106, r. 10
Letter of request
evidence of witness out of jurisdiction, O. 39, rr. 2, 3
form of, O. 39, r. 3
Letters of administration. See Administration of estates
Libel, actions for. See Defamation actions
Limitation actions under Merchant Shipping Acts. See Admiralty proceedings
Limitation Ordinance (Cap 347)
application for direction under, O. 32, r. 8A
Liquidated demand (see also Debt) indorsement of writ in respect of, O. 6, r. 2 judgment for, on failure to give notice of intention to defend, O. 13, r. 1
default of defence, O. 19, r. 2
rate of interest, O. 13, r. 1(2)
Lists
directions as to, O. 34, r. 4 noting of abatement, change of interest, etc. of party, O. 34, r. 9 originating summons action, O. 28, r. 11
Long vacation
exclusion of, O. 3, r. 3
service of pleadings in, O. 18, r. 5
Magistrates' Court
appeals from:
by case stated. See Case stated
Mandamus. See Judicial review
Mandatory judgment or order. See Judgment; Orders
Marine insurance actions. See Commercial actions
Masters of Supreme Court
appeal from, O. 58, rr. 1, 2 and 7
arbitration proceedings, jurisdiction under, O. 73, r. 3(1)
as taxing masters, O. 62, r. 1
assessment of damages by, O. 37, r. 1
injunction granting, O. 32, r. 11, O. 50, r. 9
inquiry by, O. 36, r. 11
jurisdiction of, O. 32, r. 11
meaning of, O. 1, r. 4
notes of, O. 32, r. 22
practice master, O. 63, r. 2
trial by, O. 36
interpleader issue, O. 17
Order 14, under, O. 14, r. 6(2)
Matrimonial proceedings
appeal against-
decree nisi, O. 59, r. 16
change of solicitor, etc., O. 67, r. 7
R.S.C., applicability of, O. 1, r. 2(2)
Mechanical recording. See Recording of proceedings
Mental Health Ordinance, (Cap 136)
applications under s. 69, O. 32, r. 9
Mental patient proceedings by or against. See Disability, person under and see Mental Health Ordinance, (Cap 136)
Merchant Shipping Act 1894
applications and interpretation under, O. 75, r. 1
apportionment of salvage. See Admiralty proceedings
defence under, O. 18, r. 22
limitation action under. See Admiralty proceedings
Minors, proceedings concerning (O. 90) (see also Disability, persons under) costs, taxation of, O. 62, r. 30 guardians accounts, O. 90, r. 8 guardianship applications, hearing of, O. 90, r. 7 guardianship proceedings, removal from District Court, O. 90, r. 10 Matrimonial Causes Rules, application of, O. 90, r. 11 ward of court, application to make minor a, O. 90, r. 3
bailiff to enforce order, O. 90, r. 3A
hearing of application, O. 90, r. 4B
minor ceases to be, O. 90, r. 4
Models
admissibility in evidence, O. 38, r. 5
Money paid into court. See Payment into court
Money lenders' Actions (O. 83A)
indorsement of writ, O. 83A, r. 2 judgment in default of notice of intention to defend or of defence, application for, O. 83A, r. 4 originating summons, O. 83A, r. 5 statement of claim, O. 83A, r. 3
Month, meaning of, O. 3, r. 1
Mortgage actions (O. 88)
charging order, enforcement by sale, O. 88, r. 5A
judgment in default, writ action, O. 88, r. 6
meaning of, O. 88, r. 1(3)
originating summons action:
action for possession or payment:
affidavit in support of summons, O. 88, r. 5A
failure by defendant to acknowledge service, O. 88, r. 4
documents to be lodged, O. 88, r. 4
redemption action, foreclosure in, O. 88, r. 7
Mortgage of land
by order of court, O. 31, r. 4
Mortgagee
costs of, O. 62, r. 2
stop order on funds in court, O. 50, r. 10
Motion
affidavit evidence on, O. 38, r. 2(3)
beginning proceedings by, O. 5, r. 5
ex parte, O. 8, r. 2
notice of motion. See Notice of motion
in admiralty action. See Admiralty proceedings
originating motion:
appeal to Supreme Court by. See Appeals
for statement of case. See Case stated
refusal of: taxation of costs without order, O. 62, r. 11
New trial application for. See Court of Appeal order for, on hearing of appeal, O. 59, r. 11
Newspaper (see also Advertisement) production of, to prove common knowledge, O. 38, r. 3(2)
Next Friend. See Disability, person under
Next of kin
administration of estate for, O. 15, r. 3
ascertainment of, O. 85, r. 3
representation of, O. 15, 3
Non-compliance with Rules, effect of, O. 2, r. 1
Notice
of acceptance of money paid into court, O. 22, r. 3
intention to proceed, after year's delay, O. 3, r. 6
judgment or order. See under Chambers
motion, etc. See Notice of motion
payment into court, O. 22, rr. 1, 2
oral notice, when permitted, O. 66, r. 2(5)
service out of the jurisdiction, O. 11, r. 4
to admit. See Admission
produce. See Documents
Notice of motion (O. 8) (see also Motion) adjournment of, O. 8, r. 5 application by, O. 8, r. 1 form and issue of, O. 8, r. 3 issue of, O. 8, r. 3 originating motion:
amendment of, O. 20, r. 7 form, O. 8, r. 3 indorsement as to solicitor and address, O. 6, r. 5
service of-
manner of, O. 8, r. 4
time for, O. 8, r. 4
and see under Service
Oaths
commissioners for oaths, O. 114, r. 1 officers empowered to administer oaths, O. 32, r. 8, O. 114, r. 2
Official shorthand note. See Recording of proceedings
Official Solicitor
conduct of accounts and inquiries by, O. 43, r. 7
Orders (O. 42)
against Crown, satisfaction, etc., O. 77, r. 15
certificate of, against Crown, O. 77, r. 15(2)
clerical mistakes in, O. 20, r. 11
conditional order;
execution, O. 46, r. 2
waiver, O. 45, r. 10
consent, O. 42, r. 5A
date of effect, O. 42, r. 3
dating of, O. 42, r. 3(2)
directions on, O. 44, r. 3
drawing up:
documents to be produced, O. 42, r. 5
in admiralty proceedings, O. 75, r. 45
enforcement of. See Enforcement of judgments
ex parte, setting aside, O. 32, r. 6
for disposal of matter in chambers, O. 32, r. 19
given in absence of party at trial, setting aside, O. 35, r. 2
mandatory order:
specification of time for doing act, O. 42, r. 2
order fixing time, O. 45, r. 6
matters occurring after, stay of execution, O. 45, r. 11
naming of judge, O. 42, r. 1(3)
notice of. See under Chambers
numbering of directions, O. 43, rr. 2(2), 4(2)
of certiorari. See Judicial review
mandamus. See Judicial review
prohibition. See Judicial review
on admissions of fact, O. 27, r. 3
privy council of, application to make under of High Court, O. 32, r. 10
proceedings under. See under Chambers
sealing of, O. 42, r. 5(6)
setting aside-
ex parte order, O. 32, r. 6 for irregularity, O. 2, r. 2 order of judge in chambers granting or refusing application for leave or judicial review, O. 53, r. 13
waiver of, O. 45, r. 10
Ordinance. See under title of particular Ordinance construction of. See Construction Proceedings
Originating motion application by notice. See Notice of motion affidavit evidence on, O. 38, r. 2(3) ex parte, O. 8, r. 2
Originating summons (O. 7, O. 28, O. 113)
abatement, etc., of action, O. 28, r. 11
acknowledging service. See Acknowledgment of Service
affidavit evidence on, O. 38, r. 2(3)
amendment of, O. 20, r. 7
applications affecting party in default of acknowledgment of service, O. 28, r. 6
commencement of proceedings by, O. 5, r. 3
concurrent summons, O. 7, r. 4
contents of, O. 7, r. 3
continuation of proceedings as if begun by writ, O. 28, r. 8
counterclaim by defendant, O. 28, r. 7
defined, O. 1, r. 4
delay in proceeding, O. 28, r. 10
duration of, O. 7, r. 6
ex parte summons, O. 7, r. 7
affidavit in support, O. 28, r. 3(4)
form of, O. 7, r. 2
form of, O. 7, r. 2, O. 113, r. 2
hearing of:
adjournment, O. 28, r. 5
appointment for, O. 28, r. 2
directions, etc., by court, O. 28, r. 4
evidence:
by affidavit, O. 28, r. 4
oral, O. 28, r. 4(3)
notice of, O. 28, r. 3
order for, O. 28, r. 9
in mortgage action. See Mortgage actions
indorsement:
as to capacity, O. 6, r. 3, O. 7, r. 3(2)
solicitor and address, O. 6, r. 5, O. 7, r. 3(2) issue of, O. 7, r. 5 money lender's action, O. 83A, r. 5 parties, description of, O. 7, r. 2 possession of land, summary proceedings for, O. 113, rr. 1-8 proceedings in chambers, O. 32, r. 9 re-issue of amended summons, O. 20, r. 10 renewal of, O. 7, r. 6 resealing on amendment, O. 20, r. 10 service. See under Service striking out, etc., O. 18, r. 19(3)
Particular proceedings (O. 72)
control of actions by judge, O. 72, r. 2(3)
directions, O. 72, r. 8
entry of, in list, O. 72, r. 4
after action begun, O. 72, r. 5
marine insurance actions:
order for production of documents, O. 72, r. 10 pleadings, O. 72, r. 7 removal from list, O. 72, r. 6 service out of jurisdiction, application for, O. 72, r. 4(2), (3), (4) transfer of action to list, O. 72, r. 5
Partition of land
by order of court, O. 31, r. 4
Partners (O. 81)
actions by and against firms, O. 81, r. 1
begun by originating summons, O. 81, r. 8
acknowledgment of service by, O. 81, r. 4
attachment of debts, O. 81, r. 7
charging order on partner's interest, O. 81, r. 10
enforcement of judgment or order-
against firm, O. 81, r. 5
in action between partners, O. 81, r. 6
garnishee proceedings against, O. 81, r. 7
names of, disclosure, O. 81, r. 2
service of writ, on, O. 81, r. 3
deeming of date of service, O. 81, r. 3(2)
proof of service, contents of affidavit, O. 81, r. 3(2)
Party (see also Defendant; Plaintiff; Third Party) address for service, O. 65, r. 5(2)
after removal of solicitor, O. 67, r. 7
administration, etc., actions, to, O. 85, r. 3
amendment of name or capacity, O. 20, r. 5(3), (4)
order on summons for directions, O. 25, r. 2
change of:
on application by person under disability, O. 80, r. 7 death or bankruptcy, O. 15, r. 7 order arising from misjoinder or non-joinder, O. 15, r. 6 transfer of interest or liability, O. 15, r. 7(2)
prior to execution, O. 46, r. 2
death of:
before judgment, O. 35, r. 9
change of parties, O. 15, r. 7
application by person under disability, O. 80, r. 7 prior to execution, O. 46, r. 2 striking out action after, O. 15, r. 9
description of, in originating summons, O. 7, r. 2(2)
drawing up judgment or order, O. 42, r. 5
estates, proceedings against, O. 15, r. 6A
in person:
notice of intention to act, O. 67, r. 4
responsibility for accuracy of copy document, O. 66, r. 4(3)
interest or liability devolving on other party, O. 34, r. 9
certification and entry in list, O. 34, r. 9
originating summons action, O. 28, r. 11
joinder of, O. 15, r. 4
against whom counterclaim made, O. 15, r. 3
jointly liable under contract, O. 15, r. 4(3)
person not joined, O. 15, r. 6
acknowledgment of service, O. 15, r. 8(3)
separate trial, O. 15, r. 5
judgment for, after death, O. 35, r. 9
misjoinder of, O. 15, r. 6
non-joinder of, O. 15, r. 6
partners, proceedings by or against. See Partners
representation of:
by different party, on taxation, O. 62, r. 14
person with same interest, O. 15, r. 12
right of, to defend counterclaim, O. 15, r. 3
trustees, etc., as representative of beneficiary, O. 15, r. 14
under disability. See Disability, person under
Patents Acts 1949 to 1961 and 1977, proceedings under (O. 103) appeals from tribunal. See Court of Appeal infringement action:
admissibility of evidence, O. 103, r. 24
admissions, O. 103, r. 25
beginning by writ, O. 5, r. 2
particulars of pleading, O. 103, r. 19
amendment, O. 103, r. 22
further or better particulars, O. 103, r. 23
setting down, O. 103, r. 26(4)
summons for directions, O. 103, r. 26
rectification of register, O. 103, r. 29
scientific adviser, appointment of, O. 103, r. 27
Payment into court (O. 22)
acceptance of, O. 22, r. 3
by person under disability, O. 22, r. 4, O. 80, r. 12
judgment for costs after, form, O. 62, r. 10(2), (3)
notice of, O. 22, r. 3
stay of proceedings on, O. 22, r. 3(4), (5)
time for, O. 22, r. 3
as to secured property, order for, O. 29, r. 6
by receiver, O. 30, r. 5
trustee, O. 92, r. 2 death of person entitled to, O. 22, r. 11 during trial, O. 22, r. 3(2) effect of, on costs, O. 62, r. 5 enforcement of judgment or order for. See Enforcement of judgments hospital expenses, payment of, O. 22, r. 12 in satisfaction of counterclaim, O. 22, r. 6 interim payment, O. 29, rr. 9-17. See also Interim Payment lien, payment as to property subject to, O. 29, r. 6 non-disclosure of, O. 22, r. 7
to Court of Appeal, O. 59, r. 12A
notice of:
amendment or withdrawal of, O. 22, r. 1(3)
by defendant who has counterclaimed, O. 22, r. 2
forms, O. 22, rr. 1, 2
of fund in dispute, O. 29, r. 6
two causes of action, O. 22, r. 3
under Trustee Ordinance, (Cap 29), O. 92, r. 2
within time limited for acknowledging service, O. 6, r. 2
written offer "without prejudice save as to costs", O. 22, r. 14
Payment out of court (O. 22)
money paid into court-
under order, O. 22, r. 8
money remaining in court, O. 22, r. 5
to credit of judgment debtor, O. 49, r. 9
person to whom payment to be made, O. 22, r. 10
small intestate estates, O. 22, r. 11
to Director of Legal Aid, O. 22, r. 10
party entitled, O. 22, r. 10
solicitor, O. 22, r. 10
when order required, O. 22, r. 4
where entitled party legally aided, O. 22, r. 10
Penalty
action to recover, discovery of documents in, O. 24, r. 2(3)
Perishable property
sale of, O. 29, r. 4
Performing Right Tribunal
cases stated by, O. 93, r. 3, O. 61
Perpetuation of testimony
commencement of action for, O. 39, r. 15
against Crown, O. 77, r. 14
Personal injury claims
automatic directions, O. 25, rr. 1(2), 8
proceedings to be begun by writ, O. 5, r. 2
Personal representative (see also Administration of estates; Executor) costs of, O. 62, rr. 6, 28
disallowance of costs, O. 62, rr. 28(5), 31(2)
form of judgment against, for liquidated sum, O. 42, r. 1
right of, to sue in person, O. 5, r. 6
verification of claims against estate, O. 44, rr. 6, 7
Petition (O. 9)
affidavit evidence on, O. 38, r. 2(3)
amendment of, O. 20, r. 7
beginning proceedings by, O. 5, r. 5
contents, O. 9, r. 2
costs on dismissal, O. 62, r. 11
indorsement as to solicitor and address, O. 6, r. 5, O. 9, r. 2(3)
presentation, O. 9, r. 3
service of, O. 9, r. 4(2)
and see Service
striking out, etc., O. 18, r. 19(3)
time for hearing, O. 9, r. 4(1)
Photographs
admissibility in evidence, O. 38, r. 5
Plaintiff (see also Party)
plaintiff in person:
address for service, O. 6, r. 5(1)(b)
right to sue, O. 5, r. 6
representative capacity, indorsement of writ, O. 6, r. 3
Plans
admissibility in evidence, O. 38, r. 5
Pleadings (O. 18) (see also Counterclaim; Defence; Reply to defence; Statement of claim) admission of allegations in, O. 18, r. 13 amendment of, O. 18, r. 19, O. 20, r. 3
by agreement, O. 20, r. 12
order on summons for directions, O. 25, r. 3
to plead alternative, O. 18, r. 10
and see Amendment
convictions as evidence in civil proceedings, O. 18, r. 7A
denial by opposite party, O. 18, r. 7A(3)
close of, O. 18, r. 20
defined, O. 1, r. 4
denial of allegations in, O. 18, r. 13
facts, O. 18, r. 7
filing of, O. 18, r. 5A
formal requirements, O. 18, r. 6
in collision actions, O. 75, r. 20
commercial actions, O. 72, r. 7
joinder of issue on, O. 18, r. 14
long vacation, service, etc., in, O. 3, r. 3, O. 18, r. 5
matters to be pleaded, O. 18, r. 8
of person under disability. See Disability, person under
particulars of, O. 18, r. 12
payment into court not to be disclosed by, O. 22, r. 7
service:
amended pleadings, O. 20, rr. 3, 4, 5
and see Service
signing of, O. 18, r. 6(5)
striking out, O. 18, r. 19
on summons for directions, O. 25, r. 6(3)
subsequent to reply to defence, etc., O. 18, r. 4
trial without, O. 18, r. 21
Point of law. See Question of law
Possession of land (see also Mortgage actions)
action for:
against Crown, O. 1, r. 6
defence to claim for, O. 18, r. 8(2)
interim payments
application for, O. 29, r. 10
counterclaim, interim payment in respect of, O. 29, r. 18
directions thereafter, O. 29, r. 14
order for, O. 29, r. 11
judgment on failure to give notice of intention to defend, O. 13, r. 4
in default of defence, O. 19, r. 5
person in possession, adding as defendant, O. 15, r. 10
service by, of copy order on plaintiff, O. 15, r. 10(3)
service of writ, O. 10, r. 4
summary judgment, relief against forfeiture, O. 14, r. 10
enforcement of judgment for. See Enforcement of judgments, and "writ of possession" below summary proceedings for, O. 113, rr. 1-8 writ of possession:
application for, O. 46, r. 4
date of issue, O. 46, r. 6(5)
duration of, O. 46, r. 8
enforcement of judgment by, O. 45, r. 3
payment of money, O. 45, r. 3(4)
form of, O. 45, r. 12
issue of, O. 46, r. 2
application for leave, O. 46, r. 4
expiry of leave, O. 46, r. 2(3)
praecipe for, O. 46, r. 6(2), (3)
with leave of court, O. 45, r. 3, O. 46, r. 2
praecipe for, O. 46, r. 6(2), (3)
priority of renewed writs, O. 46, r. 8(4)
renewal of, O. 46, r. 8
notice of renewal, O. 46, r. 8
return by bailiff, O. 46, r. 9
sealing of, O. 46, r. 6(1), (4)
service of, O. 10, r. 4
writs of assistance or restitution, forms of, O. 46, r. 1
Postal packets
proceedings concerning, O. 77, r. 17
Powers of attorney
index of, O. 63, r. 8
search, O. 63, r. 8
inspection, etc., of, O. 63, r. 8
Preliminary issues
trial of, O. 33, r. 3
dismissal of action, etc. after, O. 33, r. 7
Prisoner (see also Habeas corpus) bringing up, to give evidence, O. 54, r. 9
Privilege (see also Crown privilege) evidence for foreign courts, etc., claim to, O. 70, r. 6 objection to answering interrogatories, O. 26, r. 4
production of document, O. 24, r. 5(2), O. 25, r. 6(4)
Prize courts
R.S.C., applicability of, O. 1, r. 2(2)
Probate proceedings, contentious (O. 76)
administration pendente lite, O. 76, r. 14
affidavits in,
filing of, O. 41, r. 9
scripts of, O. 76, r. 5
appeal in, O. 59, r. 1
papers for judges, on, O. 59, r. 9
commencement of, O. 76, r. 2
compromise,
infant, on behalf of, O. 76, r. 12, O. 80, r. 10
trial on affidavit evidence, O. 76, r. 12
costs of,
will proved in solemn form, O. 62, r. 6
counterclaim, O. 76, r. 8
other proceedings, in, O. 76, r. 15
default in pleading, O. 76, r. 10
defence, default of, where, O. 76, r. 10
denial of defendant's interest, O. 76, r. 9
discontinuance, O. 76, r. 11
dismissal of, O. 76, r. 11
application, O. 76, r. 11(2)
failure to acknowledge service of writ, O. 76, r. 6
grant,
lodgment of, O. 76, r. 4
revocation of, action for, O. 76, r. 4
parties to, O. 76, r. 3 guardian ad litem, O. 80, r. 3 indorsement on writ of summons in, O. 76, r. 2 contents of, O. 76, r. 2 interpretation of "Probate Actions", O. 76, r. 1(2) meaning of, O. 76, r. 1 next friend, appointment of, O. 80, r. 3 notice in, costs, liability of defendant for, O. 62, r. 6 to prove will in solemn form, O. 62, r. 6 particulars in, O. 76, r. 9 pleadings, contents of, O. 76, r. 9 default of, O. 76, r. 10 probates, solemn form in, O. 62, r. 6 registrars, jurisdiction of, O. 32, r. 11 scripts, affidavit of testamentary, O. 76, r. 5 to bring in, O. 76, r. 13 service of process, O. 65, r. 1 out of the jurisdiction, O. 11, r. 1 substituted service, by, O. 65, r. 4 settlement on behalf of infant, O. 76, r. 12, O. 80, r. 10 statement of claim in, default in service of, O. 76, r. 7 interest of defendant disputed, O. 76, r. 9 service of, O. 76, r. 7 time for, O. 76, r. 7 subpoena in, O. 76, r. 13 to bring in script, O. 76, r. 13(3), (4), (5) summonses, issue and hearing of, O. 32, rr. 2, 4 service of, O. 32, r. 3 taxation of costs in. See also Costs testamentary scripts, affidavit of, O. 76, r. 5 undue influence, pleading, O. 76, r. 9 unsoundness of mind, pleading, O. 76, r. 9 will, bring in, order to, O. 76, r. 13 application for, O. 76, r. 13 rectification of, O. 76, r. 16 writ, form of, O. 6, r. 1 indorsement of, O. 76, r. 2 writ of summons, O. 76, r. 2(1)
Prohibition. See Judicial review
Prohibition order (O. 44A)
application
for an order, O. 44A, r. 2
to discharge, O. 44A, r. 4
for poor respondent, O. 68, r. 5
when unnecessary, O. 68, r. 2(1), (2)
Recovery of land. See Possession of land
Recovery of proceeds of drug trafficking-See Drug Trafficking
Recovery of property. See Property
Registrar
affidavit, power to take, O. 32, r. 8
appeals from to judge in chambers, O. 58, r. 1
assessment etc., of damages by, O. 37, r. 1
certificate of as to damages, O. 37, r. 2
definition, O. 1, r. 4
evidence at assessment, O. 38, r. 8
naming of, in order, O. 42, r. 1(3)
oaths, power to administer, O. 32, r. 8
powers of, O. 32, r. 11
proceedings before:
liability of solicitor for fees, O. 62, r. 8(8)
reference of matter to judge by, O. 32, r. 12
reference to, O. 75, r. 41
hearing of reference, O. 75, r. 42
objection to decision on reference, O. 75, r. 43
Registry
definition, O. 1, r. 4
deposit of documents in, O. 63, r. 5
documents filed in:
inspection and copy, O. 63, r. 4
particulars to be entered in books, O. 63, r. 3(2)
power of attorney, inspection, etc., O. 63, r. 8
enrolment of deeds etc., in, O. 63, r. 10
issue of notice of motion out of, O. 8, r. 3
originating summons out of, O. 7, r. 5
writ out of, O. 6, r. 7
judgments and orders drawing up and entry, etc., O. 42, r. 5
receipt of acknowledgment of service by, O. 12, r. 4
Relator actions
authority to use name in, O. 15, r. 11
Reply to defence (see also Pleadings) joinder of issue where no reply, O. 18, r. 14 service of, O. 18, r. 3 and see Service
Representative proceedings, O. 15, r. 12 representation order, O. 15, r. 15
Rules of the Supreme Court
application of, O. 1, r. 2
citation of, O. 1, r. 1
definitions, O. 1, r. 4
non-compliance with, effect of, O. 2, r. 1
Sale of
goods, under Bills of Sale Ordinance, (Cap 20), O. 95, r. 3
land:
actions for specific performance. See Specific performance
by the Court (O. 31):
certification of result, O. 31, r. 3
manner of sale, O. 31, r. 2
order for, O. 31, rr. 1,4
property:
in action in rem, O. 75, r. 23
under direction of court. See under Chambers
Salvage. See Admiralty proceedings
Samples
taking, of property in dispute, O. 29, r. 3
Securities
charging order on, O. 50, r. 1
prohibition of transfer, etc., O. 50, r. 15
form of order, O. 50, r. 15
recovery of property held as security, O. 29, r. 6
stop notice as to, O. 50, r. 11
form of, O. 50, r. 11
Security to be furnished by defendant in certain circumstances, (O. 44A), O. 44A, r. 7
Security for costs (O. 23), O. 23, rr. 1-3 of appeal, O. 59, r. 10(5)
Sequestration
Crown proceedings, O. 77, r. 16
execution against goods in hands of sequestrator, O. 46, r. 2
writ of:
application for, O. 46, r. 5
duration of, O. 46, r. 8
enforcement of judgment by, O. 45, rr. 1-4
against officer of body corporate, O. 45, r. 5
form of, O. 45, r. 12
issue of, O. 46, rr. 1-6
application for leave, O. 46, r. 5
service and hearing of notice of motion, O. 46, r. 5
expiry of leave, O. 46, r. 2(3)
praecipe for, O. 46, r. 6(2)
motion for, O. 46, r. 5
praecipe for, O. 46, r. 6(2)
priority of renewed writs, O. 46, r. 8(4)
property of person committed for contempt, O. 52, r. 8(2)
renewal of, O. 46, r. 8
notice of renewal, O. 46, r. 8
return by bailiff, O. 46, r. 9
sealing of, O. 46, r. 6
Service (O. 10, O. 65)
acceptance of, by defendant's solicitor, O. 10, r. 1(4)
address for, of plaintiff, O. 6, r. 5(2)
Admiralty proceedings, O. 75, rr. 4, 8, 11
affidavit of, O. 65, r. 8
after prescribed hours, O. 65, r. 7
counterclaim, O. 15, r. 3
notice to be endorsed on, O. 15, r. 3(6)
time for, O. 15, r. 3(3)
declaration that writ, etc., not served, O. 12, r. 8
default of acknowledgment of service, in, O. 65, r. 9
defence, O. 18, r. 2
to counterclaim, O. 18, r. 3
documents (O. 65), O. 65, rr. 1-10
foreign process, O. 69, rr. 1-4
in pursuance of contract, O. 10, r. 3
indorsement of:
by defendant's solicitor, O. 10, r. 1(4)
Long Vacation, in, O. 18, r. 5
exclusion from computation of time, O. 3, r. 3
manner of, O. 6, rr. 1-10
of documents on bodies corporate, O. 10, r. 1(7)
recital in judgment, O. 42, r. 2
notice for assessment of damages by Registrar, O. 37, r. 1
notice of judgment, O. 44, r. 3
notice of motion, O. 8, r. 4, O. 10, r. 5
appeal to Full Bench, O. 55, r. 3
Court of Appeal, O. 59, r. 3
for writ of habeas corpus, O. 54, r. 2
on agent of overseas principal, O. 10, r. 2
body corporate, O. 65, r. 3
Crown:
Crown Proceedings Ordinance, (Cap 300) cases, O. 77, r. 4
other proceedings, O. 65, r. 6
firm, O. 81, r. 3
partners of firm, O. 81, r. 3
person in default as to acknowledgment of service, O. 65, r. 9
under disability, O. 80, r. 16
on foreign State, O. 11, r. 7
ordinary service, O. 65, r. 5
original process, O. 10, r. 1
originating summons, O. 10, r. 5
for writ of habeas corpus, O. 54, r. 2
on partners of firm, O. 81, rr. 3, 8
time for, O. 28, r. 2
out of the jurisdiction. See Service out of the jurisdiction personal service, O. 10, r. 1(1), O. 65, r. 2 petition, O. 9, r. 4, O. 10, r. 5 proof of, before judgment on failure to give notice of intention to defend, O. 13, r. 7 reply to defence, O. 18, r. 3 setting aside of, O. 12, r. 8 statement of claim, O. 18, r. 1 subpoena, O. 38, r. 17 substituted service, O. 65, r. 4 third party notice, O. 16, r. 3
warrant of arrest of ship, etc., O. 75, r. 11
when not required, O. 65, r. 9
writ:
amended on change, etc., of parties, O. 15, r. 8 claiming possession of land, O. 10, r. 4 deemed served, when service is acknowledged, O. 10, r. 1(5) habeas corpus, O. 54, r. 6 in pursuance of contract, O. 10, r. 3 on partners of firms, O. 81, r. 3 proof of, before entry of judgment in default, O. 13, r. 7 sealing of copy of, for service, O. 10, r. 1(6) service of, on defendant within jurisdiction, O. 10, r. 1(2)
deeming of date of service, O. 10, r. 1(3) non-service, application by defendant, O. 12, r. 8A proof of service, contents of affidavit, O. 10, r. 1(3)
Service out of the jurisdiction (O. 11)
acceptance of, by defendant's solicitor, O. 10, r. 1(4), O. 11, r. 5 address of plaintiff for, O. 6, r. 5 application for leave, O. 11, r. 4 certificate of service, O. 11, r. 5 particular list cases, O. 72, r. 4 counterclaim, O. 15, r. 3(5) discharge of order for, O. 12, r. 8 foreign government, etc., through, O. 11, r. 6 how effected, O. 11, rr. 5-8 in action on contract
under Carriage by Air Act 1961, O. 11, r. 7A
arbitration proceedings, O. 73, r. 7
leave of court for, O. 6, r. 7
particular action, O. 72, r. 4
notice, O. 11, r. 9
notice of motion, O. 11, r. 9
writ, O. 6, r. 7
form of, O. 11
order, O. 11, r. 9
originating summons, O. 11, r. 9
petition, O. 11, r. 9
request for service, O. 11, r. 6
summons, O. 11, r. 9
when permissible, O. 11, r. 1
writ for, form of, O. 6, r. 1
Set-off
Crown proceedings, O. 77, r. 6
Setting aside
acknowledgment of service, O. 12, r. 3(4)
arbitration award. See Arbitration Ordinance, (Cap 341)
ex parte order, O. 32, r. 6
for irregularity, O. 2, r. 2
non-compliance with Rules, O. 2, r. 1
judgment after trial, O. 59, r. 2 given in absence of party at trial, O. 35, r. 2 on failure to give notice of intention to defend, O. 13, r. 9
defence, O. 19, r. 9 order of judge in chambers granting or refusing application for leave or judicial review, O. 53, r. 13 registration of foreign judgment, O. 71, r. 9 Registry subpoena, O. 38, r. 19 service of writ, etc., O. 12, r. 8 summary judgment, O. 14, r. 11
action for specific performance, O. 86, r. 7
third party notice, O. 16, r. 4(2)
proceedings, O. 16, r. 6
verdict, finding or judgment after trial, application for. See Court of Appeal
writ, O. 12, r. 8
Setting down
action begun by writ (O. 34):
list, directions as to, O. 34, r. 4
notification of, O. 34, r. 8
time for, O. 34, r. 2
admiralty action, O. 75, r. 26
appeal to Court of Appeal, O. 59, r. 5
lodging documents when setting down, O. 34, r. 3
on motion for judgment in default of defence, O. 19, r. 7
originating summons action, O. 28, r. 9
Settlement of action
notification of court by parties, O. 34, r. 8
and see Disability, person under
Shorthand note. See Recording of proceedings
Sitting
Supreme Court, of, O. 64, r. 1
Court of Appeal, of, O. 64, r. 2
High Court, of, O. 64, r. 3
Supreme Court Offices, hours of, O. 64, r. 7
Slander, actions for. See Defamation actions
Slip rule
correction of judgment or order, O. 20, r. 11
Solicitor
acceptance of service by, O. 10, r. 1(2)
acknowledgment of service of body corporate by, O. 12, r. 1(2)
defendant by, O. 12, r. 1(1)
two or more defendants by same solicitor, O. 12, r. 1(4)
address for service, O. 6, r. 5
affidavit sworn before solicitor of party, O. 41, r. 8
appointment, notice of, O. 67, r. 3
body corporate, must sue by, O. 5, r. 6(2)
change of (O. 67):
notice of, O. 67, r. 1
committal on failure to give notice as to discovery or production of documents, O. 24, r. 16(4)
interrogatories, O. 26, r. 6(4)
non-compliance with undertaking in action in rem, O. 75, r. 9
costs of,
payable by own client, O. 62, r. 29
declaration as to issue of writ, etc., O. 6, r. 5(3)
indorsement of writ, etc., with name and address of, O. 6, r. 5
liability of, for costs, O. 62, r. 8
fees in proceedings before Registrar, O. 62, r. 8(8) payment out of court to, O. 22, r. 10(2) proceedings relating to. See Legal Practitioners Ordinance, (Cap 159) removal from record, O. 67, r. 5 responsibility for accuracy of copy document, O. 66, r. 4(3) right of person to sue by, O. 5, r. 6(1) withdrawal of, on ceasing to act, O. 67, r. 6
Special case. See Case stated
Special referee
assessment of damages by, O. 37, r. 4
inquiry and report by, O. 36, rr. 1-5
evidence at inquiry, O. 38, r. 8
naming of, in order,
powers of, O. 36, r. 4
reference of question of fact to, O. 36, r. 1
report by, O. 36, r. 3
trial of action before, O. 33, r. 2, O. 36, r. 4
evidence at, O. 38, r. 9
Specific delivery. See Writ of delivery
Specific performance (see also Contract) disobedient party, act to be done at expense of, O. 45, r. 8 summary judgment for (O. 86), O. 86, rr. 1-8
application for, O. 86, r. 1
Crown proceedings, O. 77, r. 7
directions where leave to defend given, O. 86, r. 5
dismissal with costs, O. 86, r. 6
manner of making, O. 86, r. 2
setting aside judgment, O. 86, r. 7
Speeches
order of, at trial, O. 35, r. 7
Statement of claim (see also Pleadings) contents of, O. 18, r. 15 hire-purchase actions, O. 84A, r. 2 indorsement of, on writ, O. 6, r. 2 money lender's action, O. 83A, r. 3 service,
default in, O. 19, r. 1
time for, O. 18, r. 1
and see Service
Stay of-execution, matter occurring after judgment, O. 45, r. 11 proceedings:
on acceptance of money paid into court, O. 22, r. 3(4), (5) claim for relief by way of interpleader, O. 17, r. 7
delay in prosecution of account or inquiry, O. 43, r. 7 striking out of pleading, etc., O. 18, r. 19 pending joinder of parties in action on contract, O. 15, r. 4(3)
order of prohibition, certiorari, O. 53, r. 1(2) proceeding with counterclaim during, O. 15, r. 2(3) statement as to, on writ for debt or liquidated demand, O. 6, r. 2(1)(b) writ not issued by solicitor named, O. 6, r. 5(4)
subsequent action until costs of discontinuance etc., paid, O. 21, r. 5
Stock registration of transfer. See Debenture holders' actions
Stop orders and notices (O. 50)
funds in court, O. 50, r. 10
securities not in court, O. 50, r. 11
form of notice, O. 50, rr. 10, 11
Striking out-
action:
abated, O. 34, r. 9
after death of party, O. 15, r. 9
in absence of parties at trial, O. 35, r. 1
amendment of pleading, O. 20, r. 4
counterclaim, O. 15, r. 5(2)
in action begun by originating summons, O. 28, r. 7
defence, on failure to answer interrogatories, O. 26, r. 6
to give discovery, etc., O. 24, r. 16
indorsement of writ, O. 18, r. 19
pleadings, O. 18, r. 19
on summons for directions, O. 25, r. 6(3)
Subpoena
amendment of, O. 38, r. 16
duration of, O. 38, r. 18
form of, O. 38, r. 14(1)
issue of, O. 38, r. 14
contents of praecipe, O. 38, r. 14(5)
proceedings before examiner, O. 39, r. 4
in chambers, O. 32, r. 7 form of, O. 38, r. 14 Registry subpoena, O. 38, r. 19
service of. See Service
to two or more witnesses, O. 38, r. 15
Summary judgment. See Judgment; Specific performance
Summons (see also Jury; Originating summons; Summons for directions) adjournment, O. 32, r. 4 affidavit evidence on, O. 38, r. 2 amendment, O. 32, r. 2 dismissal of, taxation of costs without order, O. 62, r. 11 issue, O. 32, r. 2 restoration to list, O. 32, r. 4(2) service, O. 32, r. 3
and see Service; Service out of the jurisdiction
to proceed. See under Chambers
withdrawal of, O. 21, r. 6
Summons for directions (O. 25), O. 25, rr. 1-7
adjournment, O. 25, r. 2(7)
admiralty short causes, O. 75, r. 31
admissions and agreements to be sought, O. 25, r. 4
restriction as to right of appeal, O. 25, r. 5
affidavit use at hearing, O. 25, r. 6
documents to be produced, O. 25, r. 6
information to be given, O. 25, r. 6
interlocutory applications to be made on, O. 25, r. 7
matters to be considered, O. 25, r. 2
order on, recording of-
admissions and agreements, O. 25, r. 4
agreement to limit right of appeal, O. 25, r. 5
estimate of length of trial, O. 34, r. 2(3)
list in which action to be put, O. 34, r. 2(3)
mode of trial, O. 33, r. 4
standard direction by consent, O. 25, r. 9
time for, O. 25, r. 1(1)
Sunday
exclusion of, O. 3, r. 2(5)
time expiring on, O. 3, r. 4
Supreme Court Ordinance (Cap 4)
applications under s. 41 or 42(1), O. 24, r. 7A inspection, etc. of property under ss. 42 and 44(1), O. 29, r. 7A
Taxation of costs. See Costs
Tender
defence of, O. 18, r. 16
payment out of court on defence of, O. 22, r. 4
Third Party (O. 16) (see also Party) default of, O. 16, r. 5
in proceedings against Crown, O. 77, r. 10
directions, O. 16, r. 4
effect of counterclaim, O. 16, r. 11
judgment against, O. 16, r. 7
in default, O. 16, r. 5
notice:
acknowledgment of service of, O. 16, r. 3
application for leave to issue, O. 16, r. 2
form of, O. 16, r. 1
issue of, O. 16, r. 2
for service on Crown, O. 77, r. 10
service of, O. 16, r. 3
signed copy, O. 16, r. 3(4)
withdrawal of claim, O. 21, r. 3
Time (O. 3)
abridgement, O. 3, r. 5 computation of, O. 3, r. 2 exclusion of general holidays, Sundays etc., O. 3, r. 2(5) extension of, O. 3, r. 5
costs of. See Costs
"month" defined, O. 3, r. 1
Title of action
adding name of defendant to counterclaim, O. 15, r. 3
Tort
proceedings in, to be begun by writ, O. 5, r. 2 Trade Marks Ordinance, (Cap 43) proceedings under, O. 100, rr. 2, 3
Transcript of evidence, etc. See Recording of proceedings
Transfer of proceedings (O. 4)
to particular list, O. 72, r. 5
Trespass. See Possession of land
Trial (O. 33-41)
absence of parties, O. 35, r. 1
adjournment of, O. 35, r. 3
answers to interrogatories, use at, O. 26, r. 7
assessors, with, O. 33, r. 6
before Registrar. See Registrar
referee. See Special referee
contribution, disclosure of offer of, O. 16, r. 10
cross-examination at:
of court expert, O. 40, r. 4
person making affidavit, O. 38, r. 2
date of trial:
directions as to, O. 34, r. 4
notification of, O. 34, r. 8
death of party before judgment, O. 35, r. 9 early trial, order for, O. 29, r. 5 evidence at. See Evidence exhibits, numbering and listing, etc., O. 35, r. 11 inspection of place or thing by judge or jury, O. 35, r. 8 judicial clerk's certificate, O. 35, r. 10 jury, with. See Jury length of, estimation to be made, O. 34, r. 2(3) mode of, O. 33, r. 2 official shorthand note. See Recording of proceedings order for trial, in originating summons actions, O. 28, r. 9 place of, O. 33, r. 1 payment into court, non-disclosure of, O. 22, r. 7 preliminary issue rendering trial unnecessary, O. 33, r. 7 proceedings at, O. 35, rr. 1-13 recording of proceedings. See Recording of proceedings separate trial:
in originating summons action, O. 28, r. 8
of counterclaim, O. 15, r. 5
questions and issues, O. 33, r. 3
on joinder of causes or parties, O. 15, r. 5
setting down for. See Setting down
speeches, order of, O. 35, r. 7
split, offer on liability, O. 33, r. 4A
without pleadings, O. 18, r. 21
Tribunals (see also under name of particular tribunal) appeals from. See Appeals case stated by. See Case stated directions by a master, O. 79, r. 1 issue of subpoena in aid of, O. 38, r. 19 transfer of proceedings (O. 79)
Trustee
accounts, order for, O. 85, rr. 1-6
administration action. See Administration of estates
appointment and removal of charitable trustee, O. 120, r. 1
consent of new trustee, evidence of, O. 38, r. 11
costs of, O. 62, rr. 6, 28
disallowance of costs, O. 62, rr. 28, 31
party in action for execution of trust, O. 85, r. 2
power of attorney, inspection, etc., O. 63, r. 8
representation of beneficiary by, O. 15, r. 14
right of, to sue in person, O. 5, r. 6
sale of trust property by, O. 85, r. 6
Trustee Ordinance, (Cap 29)
payment into court under s. 62, O. 92, r. 2
proceedings under, O. 92, r. 5
Trusts
execution against assets acquired after judgment, O. 46, r. 2
under direction of court. See under Chambers
variation of, applications for, O. 93, r. 6
Umpire. See Arbitration
Unliquidated damages
judgment for, on failure to give notice of intention to defend, O. 13, r. 2 in default of defence, O. 19, r. 3
Vacations
business in, O. 64, r. 3A
exclusion of, O. 3, r. 3
Variation of Trusts Ordinance, (Cap 253)
applications under s. 3, O. 93, r. 6
Ward of court. See Minors
Winding up. See Companies
Withdrawal (O. 21)
of action:
by consent, O. 21, r. 2(4)
effect of, O. 21, r. 4
notification of court by parties, O. 34, r. 8
acknowledgment of service, O. 21, r. 1
admission as to fact, O. 27, r. 2
claim, O. 21, rr. 2, 3
defence, O. 21, r. 2(2)
notice of payment into court, O. 22, r. 1
summons, O. 21, r. 6
stay of subsequent action until costs paid, O. 21, r. 5
Witness
attendance of, before Registrar on assessment of damages, O. 37, r. 1
examination of:
before examiner of court, etc., O. 39, rr. 1-15
form of summons, order, O. 39, r. 1
perpetuation of testimony, O. 39, r. 15
proceedings against Crown, O. 77, r. 14
refusal to attend, be sworn, etc., O. 39, r. 5
by taxing master, O. 62, r. 14
for foreign court. See Foreign proceedings
in admiralty proceedings, O. 75, r. 30
open court, O. 38, r. 1
out of jurisdiction: expenses of Chief Secretary for Administration, O. 39, r. 3(6) letter of request, O. 39, r. 3
form of summons, order, O. 39, r. 2
taking of evidence by special examiner, British consul, etc., O. 39, r. 2 expert witness. See Expert objections to questions, O. 39, r. 10 perpetuation of testimony, O. 39, r. 15
by proceedings against Crown, O. 77, r. 14
prisoner, bringing up to give evidence, O. 54, r. 9
subpoena for attendance of. See Subpoena
Writ of delivery
application for, O. 46, r. 4
date of issue, O. 46, r. 6
enforcement of judgment by, O. 45, r. 5
expiry of, O. 46, r. 8
form of, O. 45, r. 12
issue of, O. 46, rr. 2-6
application for leave, O. 46, r. 4
expiry of leave, O. 46, r. 2(3)
praecipe for, O. 46, r. 6(2), (3)
payment of money, O. 45, r. 1
praecipe for, O. 46, r. 6(2), (3)
priority of renewed writs, O. 46, r. 8(4)
renewal of, O. 46, r. 8
notice of renewal, O. 46, r. 8(3)
return by bailiff, O. 46, r. 9
sealing of, O. 46, r. 6
specific delivery:
enforcement of judgment by, O. 45, r. 4(2)
forms of, O. 45, r. 12
Writ of execution. See Possession of land; Sequestration; Writ of delivery; Writ of fieri facias
Writ of fieri facias (O. 47)
Writ of habeas corpus. See Habeas corpus
Writ of possession. See Possession of land
Writ of sequestration. See Sequestration
Writ of subpoena. See Subpoena
signed copy, O. 6, r. 7(5)
(Enacted 1988)
Note:
* This Index is for reference only and does not form part of The Rules of the High Court.