THE RULES OF THE DISTRICT COURT
- CHAPTER 336H

THE RULES OF THE DISTRICT COURT - LONG TITLE  
Empowering section VerDate:01/09/2000



(Cap 336, sections 72, 72A, 72B, 72C, 72D and 72E)

[1 September 2000] L.N. 248 of 2000

(Originally L.N. 186 of 2000)



THE RULES OF THE DISTRICT COURT - ORDER 1
CITATION, ETC., APPLICATION, INTERPRETATION AND FORMS VerDate:01/01/2010



"action for personal injuries" (就人身傷害而提出的訴訟) 
"personal injuries" (人身傷害)
"aided person" (受助人)
"Amendment Rules 2008" (《2008年修訂規則》)
"bailiff" (執達主任)
"cause book" (訟案登記冊)
"master" (聆案官)
"money lender's action" (放債人訴訟)
"notice of intention to defend" (擬抗辯通知書)
"officer" (人員)
"the Ordinance" (本條例)
"originating summons" (原訴傳票)
"pleading" (狀書)
"practice direction" (實務指示)
"receiver" (接管人)
"Registrar" (司法常務官)
"Registry" (登記處)
"writ" (令狀)
"written law" (成文法律)
"the Court" (區域法院)
"judgment rate" (判定利率)
PRELIMINARY

1.	Citation (O. 1, r. 1)


(1)	These Rules may be cited as the Rules of the District Court.

(2)-(3)	(Omitted as spent)

2.	Application (O. 1, r. 2)


(1)	Subject to this rule, these Rules shall have effect in relation 
to all proceedings in the Court.

(2)	These Rules shall not have effect in relation to proceedings of 
the kinds specified in column 1 of the following Table (being proceedings 
in respect of which rules may be made under the enactments specified in 
column 2 of that Table).

		TABLE
		
		Proceedings Enactments
		
1.	(Repealed L.N. 221 of 2001)	
2.	Adoption proceedings.	Adoption Ordinance (Cap 290), section 12.
3.	(Repealed L.N. 153 of 2008)	
4.	(Repealed L.N. 221 of 2001)	
5.	(Repealed L.N. 153 of 2008)	


(2A) Subject to paragraph (2B), these Rules shall not have effect in 
relation to-  (L.N. 153 of 2008)

        (a) proceedings under Part III of the Landlord and Tenant (Consolidation) 
Ordinance (Cap 7);

        (b) matrimonial proceedings (except for an appeal against any judgment, 
order or decision of a judge to which Order 58 shall apply);  (L.N. 153 of 
2008)

        (ba) proceedings under the Domestic and Cohabitation Relationships 
Violence Ordinance (Cap 189) (except for an appeal against any judgment, 
order or decision of a judge to which Order 58 applies);  (L.N. 153 of 
2008; 18 of 2009 s. 19)

        (c) proceedings-

        (i) for the recovery of employees' compensation; and

        (ii) in respect of which rules are made under section 50 of the Employees' 
Compensation Ordinance (Cap 282).  (L.N. 221 of 2001)

(2B) Subject to section 85(1) of the Landlord and Tenant (Consolidation) 
Ordinance (Cap 7), Order 58 has effect in relation to an appeal against a 
judgment, order or decision of the Court made under Part III of that 
Ordinance.  (L.N. 153 of 2008)

(3) These Rules shall not have effect in relation to any criminal 
proceedings other than any criminal proceedings to which Order 62 applies.

(4) In the case of the proceedings mentioned in paragraphs (2), (2A) and 

(3), nothing in those paragraphs shall be taken as affecting any provision 
of any rules (whether made under the Ordinance or any other Ordinance) by 
virtue of which the Rules of the District Court or any provision thereof 
is applied in relation to any of those proceedings.

3. Application of Interpretation and General Clauses
 Ordinance (O. 1, r. 3)

The Interpretation and General Clauses Ordinance (Cap 1) shall apply to 
the interpretation of these Rules as it applies to subsidiary legislation 
made after the commencement of that Ordinance.

4. Definitions (O. 1, r. 4)


(1) In these Rules, unless the context otherwise requires, the following 
expressions have the meanings hereby respectively assigned to them, namely-
"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;  (L.N. 153 of 2008)
"aided person" (受助人) means an aided person within the meaning of the Legal 
Aid Ordinance (Cap 91);  (L.N. 153 of 2008)
"Amendment Rules 2008" (《2008年修訂規則》) means the Rules of the District Court 
(Amendment) Rules 2008 (L.N. 153 of 2008);  (L.N. 153 of 2008)
"bailiff" (執達主任) means a bailiff of the High Court and any person lawfully 
authorized to execute the process of the Court;
"cause book" (訟案登記冊) means the book or any computer record kept in the 
Registry in which the letter and number of, and other details relating to, 
a cause or matter are entered;
"judgment rate" (判定利率) means the rate of interest determined by the Chief 
Justice under section 50(1)(b) of the Ordinance;  (18 of 2003 s. 22)
"master" (聆案官) means a master of the Court and includes the Registrar, and 
deputy and assistant registrars;
"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 Court;
"the Ordinance" (本條例) means the District Court Ordinance (Cap 336);
"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 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. 153 of 2008)
"receiver" (接管人) includes a manager and consignee;
"Registrar" (司法常務官) means the Registrar of the Court; and includes a 
deputy registrar or an assistant registrar;
"Registry" (登記處) means the Registry of the Court;
"writ" (令狀) means a writ of summons;
"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. 153 of 2008)

(2) In these Rules, unless the context otherwise requires, "the Court" (區域法
院) means the District Court or any judge thereof whether sitting in court 
or in chambers or the Registrar or any master but the foregoing provision 
shall not be taken as affecting any provision of these Rules and, in 
particular, Order 32, rule 16 by virtue of which the authority and 
jurisdiction of the Registrar is defined and regulated.

(3) In these Rules, unless the context otherwise requires, any reference 
to acknowledging service of a document or giving notice of intention to 
defend any proceedings is a reference to lodging in the Registry an 
acknowledgment of service of that document or, as the case may be, a 
notice of intention to defend those proceedings.

(4) For the purposes of the definition "cause book", the book kept in the 
Registry may be in written form or in such other form or medium which can 
be reproduced in written form.

5. Construction of references to Orders, 
 rules, etc. (O. 1, r. 5)


(1) Unless the context otherwise requires, any reference in these Rules to 
a specified Order, rule or Appendix is a reference to that Order or rule 
of, or that Appendix to, these Rules and any reference to a specified 
rule, paragraph or subparagraph is a reference to that rule of the Order, 
that paragraph of the rule or that subparagraph of the paragraph in which 
the reference occurs.

(2) Any reference in these Rules to anything done under a rule of these 
Rules includes a reference to the same thing done under a rule of these 
Rules before the commencement of that rule under any corresponding rule of 
court ceasing to have effect on the commencement of that rule.

(3) Except where the context otherwise requires, any reference in these 
Rules to any written law shall be construed as a reference to that written 
law as amended, extended or applied by or under any other written law.

6. Construction of references to action, etc.,
 for possession of land (O. 1, r. 6)

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.

6A. Construction of references to Registrar
 (O. 1, r. 6A)

Wherever the word "Registrar" appears in these Rules and forms, there may 
be substituted the word "master" when and where appropriate.
(L.N. 153 of 2008)

9. Forms (O. 1, r. 9)

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.


THE RULES OF THE DISTRICT COURT - ORDER 1
CITATION, ETC., APPLICATION, INTERPRETATION AND FORMS VerDate:02/04/2009



PRELIMINARY

1.	Citation (O. 1, r. 1)


(1)	These Rules may be cited as the Rules of the District Court.

(2)-(3)	(Omitted as spent)

2.	Application (O. 1, r. 2)


(1)	Subject to this rule, these Rules shall have effect in relation 
to all proceedings in the Court.

(2)	These Rules shall not have effect in relation to proceedings of 
the kinds specified in column 1 of the following Table (being proceedings 
in respect of which rules may be made under the enactments specified in 
column 2 of that Table).

		TABLE
		
		Proceedings Enactments
		
1.	(Repealed L.N. 221 of 2001)	
2.	Adoption proceedings.	Adoption Ordinance (Cap 290), section 12.
3.	(Repealed L.N. 153 of 2008)	
4.	(Repealed L.N. 221 of 2001)	
5.	(Repealed L.N. 153 of 2008)	


(2A) Subject to paragraph (2B), these Rules shall not have effect in 
relation to-  (L.N. 153 of 2008)

        (a) proceedings under Part III of the Landlord and Tenant (Consolidation) 
Ordinance (Cap 7);

        (b) matrimonial proceedings (except for an appeal against any judgment, 
order or decision of a judge to which Order 58 shall apply);  (L.N. 153 of 
2008)

        (ba) domestic violence proceedings (except for an appeal against any 
judgment, order or decision of a judge to which Order 58 applies);  (L.N. 
153 of 2008)

        (c) proceedings-

        (i) for the recovery of employees' compensation; and

        (ii) in respect of which rules are made under section 50 of the Employees' 
Compensation Ordinance (Cap 282).  (L.N. 221 of 2001)

(2B) Subject to section 85(1) of the Landlord and Tenant (Consolidation) 
Ordinance (Cap 7), Order 58 has effect in relation to an appeal against a 
judgment, order or decision of the Court made under Part III of that 
Ordinance.  (L.N. 153 of 2008)

(3) These Rules shall not have effect in relation to any criminal 
proceedings other than any criminal proceedings to which Order 62 applies.

(4) In the case of the proceedings mentioned in paragraphs (2), (2A) and 

(3), nothing in those paragraphs shall be taken as affecting any provision 
of any rules (whether made under the Ordinance or any other Ordinance) by 
virtue of which the Rules of the District Court or any provision thereof 
is applied in relation to any of those proceedings.

3. Application of Interpretation and General Clauses
 Ordinance (O. 1, r. 3)

The Interpretation and General Clauses Ordinance (Cap 1) shall apply to 
the interpretation of these Rules as it applies to subsidiary legislation 
made after the commencement of that Ordinance.

4. Definitions (O. 1, r. 4)


(1) In these Rules, unless the context otherwise requires, the following 
expressions have the meanings hereby respectively assigned to them, namely-
"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;  (L.N. 153 of 2008)
"aided person" (受助人) means an aided person within the meaning of the Legal 
Aid Ordinance (Cap 91);  (L.N. 153 of 2008)
"Amendment Rules 2008" (《2008年修訂規則》) means the Rules of the District Court 
(Amendment) Rules 2008 (L.N. 153 of 2008);  (L.N. 153 of 2008)
"bailiff" (執達主任) means a bailiff of the High Court and any person lawfully 
authorized to execute the process of the Court;
"cause book" (訟案登記冊) means the book or any computer record kept in the 
Registry in which the letter and number of, and other details relating to, 
a cause or matter are entered;
"judgment rate" (判定利率) means the rate of interest determined by the Chief 
Justice under section 50(1)(b) of the Ordinance;  (18 of 2003 s. 22)
"master" (聆案官) means a master of the Court and includes the Registrar, and 
deputy and assistant registrars;
"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 Court;
"the Ordinance" (本條例) means the District Court Ordinance (Cap 336);
"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 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. 153 of 2008)
"receiver" (接管人) includes a manager and consignee;
"Registrar" (司法常務官) means the Registrar of the Court; and includes a 
deputy registrar or an assistant registrar;
"Registry" (登記處) means the Registry of the Court;
"writ" (令狀) means a writ of summons;
"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. 153 of 2008)

(2) In these Rules, unless the context otherwise requires, "the Court" (區域法
院) means the District Court or any judge thereof whether sitting in court 
or in chambers or the Registrar or any master but the foregoing provision 
shall not be taken as affecting any provision of these Rules and, in 
particular, Order 32, rule 16 by virtue of which the authority and 
jurisdiction of the Registrar is defined and regulated.

(3) In these Rules, unless the context otherwise requires, any reference 
to acknowledging service of a document or giving notice of intention to 
defend any proceedings is a reference to lodging in the Registry an 
acknowledgment of service of that document or, as the case may be, a 
notice of intention to defend those proceedings.

(4) For the purposes of the definition "cause book", the book kept in the 
Registry may be in written form or in such other form or medium which can 
be reproduced in written form.

5. Construction of references to Orders, 
 rules, etc. (O. 1, r. 5)


(1) Unless the context otherwise requires, any reference in these Rules to 
a specified Order, rule or Appendix is a reference to that Order or rule 
of, or that Appendix to, these Rules and any reference to a specified 
rule, paragraph or subparagraph is a reference to that rule of the Order, 
that paragraph of the rule or that subparagraph of the paragraph in which 
the reference occurs.

(2) Any reference in these Rules to anything done under a rule of these 
Rules includes a reference to the same thing done under a rule of these 
Rules before the commencement of that rule under any corresponding rule of 
court ceasing to have effect on the commencement of that rule.

(3) Except where the context otherwise requires, any reference in these 
Rules to any written law shall be construed as a reference to that written 
law as amended, extended or applied by or under any other written law.

6. Construction of references to action, etc.,
 for possession of land (O. 1, r. 6)

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.

6A. Construction of references to Registrar
 (O. 1, r. 6A)

Wherever the word "Registrar" appears in these Rules and forms, there may 
be substituted the word "master" when and where appropriate.
(L.N. 153 of 2008)

9. Forms (O. 1, r. 9)

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.
"action for personal injuries" (就人身傷害而提出的訴訟) 
"personal injuries" (人身傷害)
"aided person" (受助人)
"Amendment Rules 2008" (《2008年修訂規則》)
"bailiff" (執達主任)
"cause book" (訟案登記冊)
"master" (聆案官)
"money lender's action" (放債人訴訟)
"notice of intention to defend" (擬抗辯通知書)
"officer" (人員)
"the Ordinance" (本條例)
"originating summons" (原訴傳票)
"pleading" (狀書)
"practice direction" (實務指示)
"receiver" (接管人)
"Registrar" (司法常務官)
"Registry" (登記處)
"writ" (令狀)
"written law" (成文法律)
"the Court" (區域法院)
"judgment rate" (判定利率)


THE RULES OF THE DISTRICT COURT - ORDER 1
CITATION, ETC., APPLICATION, INTERPRETATION AND FORMS VerDate:01/05/2005



PRELIMINARY

1.	Citation (O. 1, r. 1)


(1)	These Rules may be cited as the Rules of the District Court.

(2)-(3)	(Omitted as spent)

2.	Application (O. 1, r. 2)


(1)	Subject to this rule, these Rules shall have effect in relation 
to all proceedings in the Court.

(2)	These Rules shall not have effect in relation to proceedings of 
the kinds specified in column 1 of the following Table (being proceedings 
in respect of which rules may be made under the enactments specified in 
column 2 of that Table).

		TABLE
		
		Proceedings Enactments
		
1.	(Repealed L.N. 221 of 2001)	
2.	Adoption proceedings.	Adoption Ordinance (Cap 290), section 12.
3.	Proceedings in respect of domestic violence.	Domestic Violence Ordinance (Cap 
189), section 8.
4.	(Repealed L.N. 221 of 2001)	
5.	Proceedings under the Business Registration Ordinance (Cap 310).	Business 
Registration Ordinance (Cap 310), section 17.


(2A) These Rules shall not have effect in relation to-

        (a) proceedings under Part III of the Landlord and Tenant (Consolidation) 
Ordinance (Cap 7);

        (b) matrimonial proceedings (except for an appeal against any judgment, 
order or determination of a judge to which Order 58 shall apply);

        (c) proceedings-

        (i) for the recovery of employees' compensation; and

        (ii) in respect of which rules are made under section 50 of the Employees' 
Compensation Ordinance (Cap 282).  (L.N. 221 of 2001)

(3) These Rules shall not have effect in relation to any criminal 
proceedings other than any criminal proceedings to which Order 62 applies.

(4) In the case of the proceedings mentioned in paragraphs (2), (2A) and 

(3), nothing in those paragraphs shall be taken as affecting any provision 
of any rules (whether made under the Ordinance or any other Ordinance) by 
virtue of which the Rules of the District Court or any provision thereof 
is applied in relation to any of those proceedings.

3. Application of Interpretation and General Clauses
 Ordinance (O. 1, r. 3)

The Interpretation and General Clauses Ordinance (Cap 1) shall apply to 
the interpretation of these Rules as it applies to subsidiary legislation 
made after the commencement of that Ordinance.

4. Definitions (O. 1, r. 4)


(1) In these Rules, unless the context otherwise requires, the following 
expressions have the meanings hereby respectively assigned to them, namely-
"bailiff" (執達主任) means a bailiff of the High Court and any person lawfully 
authorized to execute the process of the Court;
"cause book" (訟案登記冊) means the book or any computer record kept in the 
Registry in which the letter and number of, and other details relating to, 
a cause or matter are entered;
"judgment rate" (判定利率) means the rate of interest determined by the Chief 
Justice under section 50(1)(b) of the Ordinance;  (18 of 2003 s. 22)
"master" (聆案官) means a master of the Court and includes the Registrar, and 
deputy and assistant registrars;
"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 Court;
"the Ordinance" (本條例) means the District Court Ordinance (Cap 336);
"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 summons or preliminary act;
"receiver" (接管人) includes a manager and consignee;
"Registrar" (司法常務官) means the Registrar of the Court; and includes a 
deputy registrar or an assistant registrar;
"Registry" (登記處) means the Registry of the Court;
"writ" (令狀) means a writ of summons;
"written law" (成文法) includes "Ordinance" and "enactment" as defined in 
section 3 of the Interpretation and General Clauses Ordinance (Cap 1).

(2) In these Rules, unless the context otherwise requires, "the Court" (區域法
院) means the District Court or any judge thereof whether sitting in court 
or in chambers or the Registrar or any master but the foregoing provision 
shall not be taken as affecting any provision of these Rules and, in 
particular, Order 32, rule 16 by virtue of which the authority and 
jurisdiction of the Registrar is defined and regulated.

(3) In these Rules, unless the context otherwise requires, any reference 
to acknowledging service of a document or giving notice of intention to 
defend any proceedings is a reference to lodging in the Registry an 
acknowledgment of service of that document or, as the case may be, a 
notice of intention to defend those proceedings.

(4) For the purposes of the definition "cause book", the book kept in the 
Registry may be in written form or in such other form or medium which can 
be reproduced in written form.

5. Construction of references to Orders, 
 rules, etc. (O. 1, r. 5)


(1) Unless the context otherwise requires, any reference in these Rules to 
a specified Order, rule or Appendix is a reference to that Order or rule 
of, or that Appendix to, these Rules and any reference to a specified 
rule, paragraph or subparagraph is a reference to that rule of the Order, 
that paragraph of the rule or that subparagraph of the paragraph in which 
the reference occurs.

(2) Any reference in these Rules to anything done under a rule of these 
Rules includes a reference to the same thing done under a rule of these 
Rules before the commencement of that rule under any corresponding rule of 
court ceasing to have effect on the commencement of that rule.

(3) Except where the context otherwise requires, any reference in these 
Rules to any written law shall be construed as a reference to that written 
law as amended, extended or applied by or under any other written law.

6. Construction of references to action, etc., 
 for possession of land (O. 1, r. 6)

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.

9. Forms (O. 1, r. 9)

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.
"bailiff" (執達主任)
"cause book" (訟案登記冊)
"master" (聆案官)
"money lender's action" (放債人訴訟)
"notice of intention to defend" (擬抗辯通知書)
"officer" (人員)
"the Ordinance" (本條例)
"originating summons" (原訴傳票)
"pleading" (狀書)
"receiver" (接管人)
"Registrar" (司法常務官)
"Registry" (登記處)
"writ" (令狀)
"written law" (成文法)
"the Court" (區域法院)
"judgment rate" (判定利率)


THE RULES OF THE DISTRICT COURT - ORDER 1
CITATION, ETC., APPLICATION, INTERPRETATION AND FORMS VerDate:26/10/2001



PRELIMINARY

1.	Citation (O. 1, r. 1)


(1)	These Rules may be cited as the Rules of the District Court.

(2)-(3)	(Omitted as spent)

2.	Application (O. 1, r. 2)


(1)	Subject to this rule, these Rules shall have effect in relation 
to all proceedings in the Court.

(2)	These Rules shall not have effect in relation to proceedings of 
the kinds specified in column 1 of the following Table (being proceedings 
in respect of which rules may be made under the enactments specified in 
column 2 of that Table).

		TABLE
		
		Proceedings Enactments
		
1.	(Repealed L.N. 221 of 2001)	
2.	Adoption proceedings.	Adoption Ordinance (Cap 290), section 12.
3.	Proceedings in respect of domestic violence.	Domestic Violence Ordinance (Cap 
189), section 8.
4.	(Repealed L.N. 221 of 2001)	
5.	Proceedings under the Business Registration Ordinance (Cap 310).	Business 
Registration Ordinance (Cap 310), section 17.


(2A) These Rules shall not have effect in relation to-

        (a) proceedings under Part III of the Landlord and Tenant (Consolidation) 
Ordinance (Cap 7);

        (b) matrimonial proceedings (except for an appeal against any judgment, 
order or determination of a judge to which Order 58 shall apply);

        (c) proceedings-

        (i) for the recovery of employees' compensation; and

        (ii) in respect of which rules are made under section 50 of the Employees' 
Compensation Ordinance (Cap 282).  (L.N. 221 of 2001)

(3) These Rules shall not have effect in relation to any criminal 
proceedings other than any criminal proceedings to which Order 62 applies.

(4) In the case of the proceedings mentioned in paragraphs (2), (2A) and 

(3), nothing in those paragraphs shall be taken as affecting any provision 
of any rules (whether made under the Ordinance or any other Ordinance) by 
virtue of which the Rules of the District Court or any provision thereof 
is applied in relation to any of those proceedings.

3. Application of Interpretation and General Clauses
 Ordinance (O. 1, r. 3)

The Interpretation and General Clauses Ordinance (Cap 1) shall apply to 
the interpretation of these Rules as it applies to subsidiary legislation 
made after the commencement of that Ordinance.

4. Definitions (O. 1, r. 4)


(1) In these Rules, unless the context otherwise requires, the following 
expressions have the meanings hereby respectively assigned to them, namely-
"bailiff" (執達主任) means a bailiff of the High Court and any person lawfully 
authorized to execute the process of the Court;
"cause book" (訟案登記冊) means the book or any computer record kept in the 
Registry in which the letter and number of, and other details relating to, 
a cause or matter are entered;
"master" (聆案官) means a master of the Court and includes the Registrar, and 
deputy and assistant registrars;
"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 Court;
"the Ordinance" (本條例) means the District Court Ordinance (Cap 336);
"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 summons or preliminary act;
"receiver" (接管人) includes a manager and consignee;
"Registrar" (司法常務官) means the Registrar of the Court; and includes a 
deputy registrar or an assistant registrar;
"Registry" (登記處) means the Registry of the Court;
"writ" (令狀) means a writ of summons;
"written law" (成文法) includes "Ordinance" and "enactment" as defined in 
section 3 of the Interpretation and General Clauses Ordinance (Cap 1).

(2) In these Rules, unless the context otherwise requires, "the Court" (區域法
院) means the District Court or any judge thereof whether sitting in court 
or in chambers or the Registrar or any master but the foregoing provision 
shall not be taken as affecting any provision of these Rules and, in 
particular, Order 32, rule 16 by virtue of which the authority and 
jurisdiction of the Registrar is defined and regulated.

(3) In these Rules, unless the context otherwise requires, any reference 
to acknowledging service of a document or giving notice of intention to 
defend any proceedings is a reference to lodging in the Registry an 
acknowledgment of service of that document or, as the case may be, a 
notice of intention to defend those proceedings.

(4) For the purposes of the definition "cause book", the book kept in the 
Registry may be in written form or in such other form or medium which can 
be reproduced in written form.

5. Construction of references to Orders, 
 rules, etc. (O. 1, r. 5)


(1) Unless the context otherwise requires, any reference in these Rules to 
a specified Order, rule or Appendix is a reference to that Order or rule 
of, or that Appendix to, these Rules and any reference to a specified 
rule, paragraph or subparagraph is a reference to that rule of the Order, 
that paragraph of the rule or that subparagraph of the paragraph in which 
the reference occurs.

(2) Any reference in these Rules to anything done under a rule of these 
Rules includes a reference to the same thing done under a rule of these 
Rules before the commencement of that rule under any corresponding rule of 
court ceasing to have effect on the commencement of that rule.

(3) Except where the context otherwise requires, any reference in these 
Rules to any written law shall be construed as a reference to that written 
law as amended, extended or applied by or under any other written law.

6. Construction of references to action, etc., 
 for possession of land (O. 1, r. 6)

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.

9. Forms (O. 1, r. 9)

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.
"bailiff" (執達主任)
"cause book" (訟案登記冊)
"master" (聆案官)
"money lender's action" (放債人訴訟)
"notice of intention to defend" (擬抗辯通知書)
"officer" (人員)
"the Ordinance" (本條例)
"originating summons" (原訴傳票)
"pleading" (狀書)
"receiver" (接管人)
"Registrar" (司法常務官)
"Registry" (登記處)
"writ" (令狀)
"written law" (成文法)
"the Court" (區域法院)


THE RULES OF THE DISTRICT COURT - ORDER 1
CITATION, ETC., APPLICATION, INTERPRETATION AND FORMS VerDate:01/09/2000



PRELIMINARY

1.	Citation (O. 1, r. 1)


(1)	These Rules may be cited as the Rules of the District Court.

(2)-(3)	(Omitted as spent)

2.	Application (O. 1, r. 2)


(1)	Subject to this rule, these Rules shall have effect in relation 
to all proceedings in the Court.

(2)	These Rules shall not have effect in relation to proceedings of 
the kinds specified in column 1 of the following Table (being proceedings 
in respect of which rules may be made under the enactments specified in 
column 2 of that Table).

		TABLE
		
		Proceedings Enactments
		
1.	Matrimonial proceedings.	Matrimonial Causes Ordinance (Cap 179), sections 10 and 54.
2.	Adoption proceedings.	Adoption Ordinance (Cap 290), section 12.
3.	Proceedings in respect of domestic violence.	Domestic Violence Ordinance (Cap 
189), section 8.
4.	Proceedings for the recovery of employees' compensation.	Employees' Compensation 
Ordinance (Cap 282), section 50.
5.	Proceedings under the Business Registration Ordinance (Cap 310).	Business 
Registration Ordinance (Cap 310), section 17.


(2A) These Rules shall not have effect in relation to proceedings under 
Part III of the Landlord and Tenant (Consolidation) Ordinance (Cap. 7).

(3) These Rules shall not have effect in relation to any criminal 
proceedings other than any criminal proceedings to which Order 62 applies.

(4) In the case of the proceedings mentioned in paragraphs (2), (2A) and 

(3), nothing in those paragraphs shall be taken as affecting any provision 
of any rules (whether made under the Ordinance or any other Ordinance) by 
virtue of which the Rules of the District Court or any provision thereof 
is applied in relation to any of those proceedings.

3. Application of Interpretation and General Clauses
 Ordinance (O. 1, r. 3)

The Interpretation and General Clauses Ordinance (Cap 1) shall apply to 
the interpretation of these Rules as it applies to subsidiary legislation 
made after the commencement of that Ordinance.

4. Definitions (O. 1, r. 4)


(1) In these Rules, unless the context otherwise requires, the following 
expressions have the meanings hereby respectively assigned to them, namely-
"bailiff" (執達主任) means a bailiff of the High Court and any person lawfully 
authorized to execute the process of the Court;
"cause book" (訟案登記冊) means the book or any computer record kept in the 
Registry in which the letter and number of, and other details relating to, 
a cause or matter are entered;
"master" (聆案官) means a master of the Court and includes the Registrar, and 
deputy and assistant registrars;
"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 Court;
"the Ordinance" (本條例) means the District Court Ordinance (Cap 336);
"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 summons or preliminary act;
"receiver" (接管人) includes a manager and consignee;
"Registrar" (司法常務官) means the Registrar of the Court; and includes a 
deputy registrar or an assistant registrar;
"Registry" (登記處) means the Registry of the Court;
"writ" (令狀) means a writ of summons;
"written law" (成文法) includes "Ordinance" and "enactment" as defined in 
section 3 of the Interpretation and General Clauses Ordinance (Cap 1).

(2) In these Rules, unless the context otherwise requires, "the Court" (區域法
院) means the District Court or any judge thereof whether sitting in court 
or in chambers or the Registrar or any master but the foregoing provision 
shall not be taken as affecting any provision of these Rules and, in 
particular, Order 32, rule 16 by virtue of which the authority and 
jurisdiction of the Registrar is defined and regulated.

(3) In these Rules, unless the context otherwise requires, any reference 
to acknowledging service of a document or giving notice of intention to 
defend any proceedings is a reference to lodging in the Registry an 
acknowledgment of service of that document or, as the case may be, a 
notice of intention to defend those proceedings.

(4) For the purposes of the definition "cause book", the book kept in the 
Registry may be in written form or in such other form or medium which can 
be reproduced in written form.

5. Construction of references to Orders, 
 rules, etc. (O. 1, r. 5)


(1) Unless the context otherwise requires, any reference in these Rules to 
a specified Order, rule or Appendix is a reference to that Order or rule 
of, or that Appendix to, these Rules and any reference to a specified 
rule, paragraph or subparagraph is a reference to that rule of the Order, 
that paragraph of the rule or that subparagraph of the paragraph in which 
the reference occurs.

(2) Any reference in these Rules to anything done under a rule of these 
Rules includes a reference to the same thing done under a rule of these 
Rules before the commencement of that rule under any corresponding rule of 
court ceasing to have effect on the commencement of that rule.

(3) Except where the context otherwise requires, any reference in these 
Rules to any written law shall be construed as a reference to that written 
law as amended, extended or applied by or under any other written law.

6. Construction of references to action, etc., 
 for possession of land (O. 1, r. 6)

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.

9. Forms (O. 1, r. 9)

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.
"bailiff" (執達主任)
"cause book" (訟案登記冊)
"master" (聆案官)
"money lender's action" (放債人訴訟)
"notice of intention to defend" (擬抗辯通知書)
"officer" (人員)
"the Ordinance" (本條例)
"originating summons" (原訴傳票)
"pleading" (狀書)
"receiver" (接管人)
"Registrar" (司法常務官)
"Registry" (登記處)
"writ" (令狀)
"written law" (成文法)
"the Court" (區域法院)


THE RULES OF THE DISTRICT COURT - ORDER 1A
OBJECTIVES VerDate:02/04/2009



1.	Underlying objectives (O. 1A, r. 1)

The underlying objectives of these Rules are-

        (a)	to increase the cost-effectiveness of any practice and 
procedure to be followed in relation to proceedings before the Court;

        (b)	to ensure that a case is dealt with as expeditiously as is 
reasonably practicable;

        (c)	to promote a sense of reasonable proportion and procedural 
economy in the conduct of proceedings;

        (d)	to ensure fairness between the parties;

        (e)	to facilitate the settlement of disputes; and

        (f)	to ensure that the resources of the Court are distributed 
fairly.

2.	Application by the Court of underlying
	objectives (O. 1A, r. 2)


(1)	The Court shall seek to give effect to the underlying 
objectives of these Rules when it-

        (a)	exercises any of its powers (whether under its inherent 
jurisdiction or given to it by these Rules or otherwise); or

        (b)	interprets any of these Rules or a practice direction.

(2)	In giving effect to the underlying objectives of these Rules, 
the Court shall always recognize that the primary aim in exercising the 
powers of the Court is to secure the just resolution of disputes in 
accordance with the substantive rights of the parties.

3.	Duty of the parties and their legal
	representatives (O. 1A, r. 3)

The parties to any proceedings and their legal representatives shall 
assist the Court to further the underlying objectives of these Rules.

4.	Court's duty to manage cases (O. 1A, r. 4)


(1)	The Court shall further the underlying objectives of these 
Rules by actively managing cases.

(2)	Active case management includes-

        (a)	encouraging the parties to co-operate with each other in the 
conduct of the proceedings;

        (b)	identifying the issues at an early stage;

        (c)	deciding promptly which issues need full investigation and 
trial and accordingly disposing summarily of the others;

        (d)	deciding the order in which the issues are to be resolved;

        (e)	encouraging the parties to use an alternative dispute 
resolution procedure if the Court considers that appropriate, and 
facilitating the use of such a procedure;

        (f)	helping the parties to settle the whole or part of the case;

        (g)	fixing timetables or otherwise controlling the progress of the 
case;

        (h)	considering whether the likely benefits of taking a particular 
step justify the cost of taking it;

        (i)	dealing with as many aspects of the case as practicable on the 
same occasion;

        (j)	dealing with the case without the parties needing to attend at 
court;

        (k)	making use of technology; and

        (l)	giving directions to ensure that the trial of a case proceeds 
quickly and efficiently.
(L.N. 153 of 2008)



THE RULES OF THE DISTRICT COURT - ORDER 1B
CASE MANAGEMENT POWERS VerDate:02/04/2009



1.	Court's general powers of
	management (O. 1B, r. 1)


(1)	The list of powers in this rule is in addition to and not in 
substitution for any powers given to the Court by any other rule or 
practice direction or by any other enactment or any powers it may 
otherwise have.

(2)	Except where these Rules provide otherwise, the Court may by 
order-

        (a)	extend or shorten the time for compliance with any rule, court 
order or practice direction (even if an application for extension is made 
after the time for compliance has expired);

        (b)	adjourn or bring forward a hearing;

        (c)	require a party or a party's legal representative to attend the 
Court;

        (d)	direct that part of any proceedings (such as a counterclaim) be 
dealt with as separate proceedings;

        (e)	stay the whole or part of any proceedings or judgment either 
generally or until a specified date or event;

        (f)	consolidate proceedings;

        (g)	try two or more claims on the same occasion;

        (h)	direct a separate trial of any issue;

        (i)	decide the order in which issues are to be tried;

        (j)	exclude an issue from consideration;

        (k)	dismiss or give judgment on a claim after a decision on a 
preliminary issue;

        (l)	take any other step or make any other order for the purpose of 
managing the case and furthering the underlying objectives set out in 
Order 1A.

(3)	When the Court makes an order, it may-

        (a)	make it subject to conditions, including a condition to pay a 
sum of money into court; and

        (b)	specify the consequences of failure to comply with the order or 
a condition.

(4)	Where a party pays money into court following an order under 
paragraph (3), the money is security for any sum payable by that party to 
any other party in the proceedings.

2.	Court's power to make order of its
	own motion (O. 1B, r. 2)


(1)	Except where a rule or some other enactment provides otherwise, 
the Court may exercise its powers on an application or of its own motion.

(2)	Where the Court proposes to make an order of its own motion-

        (a)	it may give any person likely to be affected by the order an 
opportunity to make representations; and

        (b)	where it does so, it shall specify the time by and the manner 
in which the representations must be made.

(3)	Where the Court proposes-

        (a)	to make an order of its own motion; and

        (b)	to hold a hearing to decide whether to make the order,
it shall give each party likely to be affected by the order at least 3 
days' notice of the hearing.

(4)	The Court may make an order of its own motion, without hearing 
the parties or giving them an opportunity to make representations.

(5)	Where the Court has made an order under paragraph (4)-

        (a)	a party affected by the order may apply to have it set aside, 
varied or stayed; and

        (b)	the order must contain a statement of the right to make such an 
application.

(6)	An application under paragraph (5)(a) must be made-

        (a)	within such period as may be specified by the Court; or

        (b)	if the Court does not specify a period, not more than 14 days 
after the date on which notice of the order was sent to the party making 
the application.

3.	Court's power to give procedural
	directions by way of order nisi
	(O. 1B, r. 3)


(1)	Where the Court considers that it is necessary or desirable to 
give a direction on the procedure of the Court and that the direction is 
unlikely to be objected to by the parties, it may of its own motion and 
without hearing the parties, give the direction by way of an order nisi.

(2)	The order nisi becomes absolute 14 days after the order is made 
unless a party has applied to the Court for varying the order.
(L.N. 153 of 2008)



THE RULES OF THE DISTRICT COURT - ORDER 2
EFFECT OF NON-COMPLIANCE VerDate:02/04/2009



1.	Non-compliance with Rules (O. 2, r. 1)


(1)	Where, in beginning or purporting to begin any proceedings or 
at any stage in the course of or in connection with any proceedings, there 
has, by reason of any thing done or left undone, been a failure to comply 
with the requirements of these Rules, whether in respect of time, place, 
manner, form or content or in any other respect, the failure shall be 
treated as an irregularity and shall not nullify the proceedings, any step 
taken in the proceedings, or any document, judgment or order therein.

(2)	Subject to paragraph (3), the Court may, on the ground that 
there has been such failure as is mentioned in paragraph (1), and on such 
terms as to costs or otherwise as it thinks just, set aside either wholly 
or in part the proceedings in which the failure occurred, any step taken 
in those proceedings or any document, judgment or order therein or 
exercise its powers under these Rules to allow such amendments (if any) to 
be made and to make such order (if any) dealing with the proceedings 
generally as it thinks fit.

(3)	The Court shall not wholly set aside any proceedings or the 
writ or other originating process by which they were begun on the ground 
that the proceedings ought to have begun by an originating process other 
than the one employed, but shall instead give directions for the 
continuation of the proceedings in an appropriate manner.  (L.N. 153 of 
2008)

2.	Application to set aside for irregularity (O. 2, r. 2)


(1)	An application to set aside for irregularity any proceedings, 
any step taken in any proceedings or any document, judgment or order 
therein shall not be allowed unless it is made within a reasonable time 
and before the party applying has taken any fresh step after becoming 
aware of the irregularity.

(2)	An application under this rule may be made by summons and the 
grounds of application must be stated in the summons.

3.	Non-compliance with rules and
	court orders (O. 2, r. 3)


(1)	The Court may order a party to pay a sum of money into court if 
that party has, without good reason, failed to comply with a rule or court 
order.

(2)	When exercising its power under paragraph (1), the Court shall 
have regard to-

        (a)	the amount in dispute; and

        (b)	the costs which the parties have incurred or which they may 
incur.

(3)	Where a party pays money into court following an order under 
paragraph (1), the money is security for any sum payable by that party to 
any other party in the proceedings.
(L.N. 153 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. 153 of 2008)

5.	Relief from sanctions (O. 2, r. 5)


(1)	On an application for relief from any sanction imposed for a 
failure to comply with any rule or court order, the Court shall consider 
all the circumstances including-

        (a)	the interests of the administration of justice;

        (b)	whether the application for relief has been made promptly;

        (c)	whether the failure to comply was intentional;

        (d)	whether there is a good explanation for the failure to comply;

        (e)	the extent to which the party in default has complied with 
other rules and court orders;

        (f)	whether the failure to comply was caused by the party in 
default or his legal representative;

        (g)	in the case where the party in default is not legally 
represented, whether he was unaware of the rule or court order, or if he 
was aware of it, whether he was able to comply with it without legal 
assistance;

        (h)	whether the trial date or the likely trial date can still be 
met if relief is granted;

        (i)	the effect which the failure to comply had on each party; and

        (j)	the effect which the granting of relief would have on each 
party.

(2)	An application for relief must be supported by evidence.
(L.N. 153 of 2008)



THE RULES OF THE DISTRICT COURT - ORDER 2
EFFECT OF NON-COMPLIANCE VerDate:01/09/2000



1.	Non-compliance with Rules (O. 2, r. 1)


(1)	Where, in beginning or purporting to begin any proceedings or 
at any stage in the course of or in connection with any proceedings, there 
has, by reason of any thing done or left undone, been a failure to comply 
with the requirements of these Rules, whether in respect of time, place, 
manner, form or content or in any other respect, the failure shall be 
treated as an irregularity and shall not nullify the proceedings, any step 
taken in the proceedings, or any document, judgment or order therein.

(2)	Subject to paragraph (3), the Court may, on the ground that 
there has been such failure as is mentioned in paragraph (1), and on such 
terms as to costs or otherwise as it thinks just, set aside either wholly 
or in part the proceedings in which the failure occurred, any step taken 
in those proceedings or any document, judgment or order therein or 
exercise its powers under these Rules to allow such amendments (if any) to 
be made and to make such order (if any) dealing with the proceedings 
generally as it thinks fit.

(3)	The Court shall not wholly set aside any proceedings or the 
writ or other originating process by which they were begun on the ground 
that the proceedings were required by any of these Rules to be begun by an 
originating process other than the one employed.

2.	Application to set aside for irregularity (O. 2, r. 2)


(1)	An application to set aside for irregularity any proceedings, 
any step taken in any proceedings or any document, judgment or order 
therein shall not be allowed unless it is made within a reasonable time 
and before the party applying has taken any fresh step after becoming 
aware of the irregularity.

(2)	An application under this rule may be made by summons and the 
grounds of application must be stated in the summons.



THE RULES OF THE DISTRICT COURT - ORDER 3
TIME VerDate:01/09/2000



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 Court, means a calendar month 
unless the context otherwise requires.

2.	Reckoning periods of time (O. 3, r. 2)


(1)	Any period of time fixed by these Rules or by any judgment, 
order or direction for doing any act shall be reckoned in accordance with 
this rule.

(2)	Where the act is required to be done within a specified period 
after or from a specified date, the period begins immediately after that 
date.

(3)	Where the act is required to be done within or not less than a 
specified period before a specified date, the period ends immediately 
before that date.

(4)	Where the act is required to be done a specified number of 
clear days before or after a specified date, at 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).

4.	Time expires on Sunday, etc. (O. 3, r. 4)

Where the time prescribed by these Rules, or by any judgment, order or 
direction, for doing any act at an office of the Court expires on a Sunday 
or other day on which that office is closed, and by reason thereof that 
act cannot be done on that day, the act shall be in time if done on the 
next day on which that office is open.

5.	Extensions, etc., of time (O. 3, r. 5)


(1)	The Court may, on such terms as it thinks just, by order extend 
or abridge the period within which a person is required or authorized by 
these Rules, or by any judgment, order or direction, to do any act in any 
proceedings.

(2)	The Court may extend any such period as is referred to in 
paragraph (1) although the application for extension is not made until 
after the expiration of that period.

(3)	The period within which a person is required by these Rules, or 
by any order or direction, to serve, file or amend any pleading or other 
document may be extended by consent (given in writing) without an order of 
the Court being made for that purpose.

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.
"month" (月)
"general holiday" (公眾假期)


THE RULES OF THE DISTRICT COURT - ORDER 4
TRANSFER AND CONSOLIDATION OF PROCEEDINGS VerDate:02/04/2009



COMMENCEMENT AND PROGRESS OF PROCEEDINGS

1.	Transfer to the Court of First Instance or
	the Lands Tribunal (O. 4, r. 1)
(L.N. 153 of 2008)

An application under section 41 or 42 of the Ordinance for an order 
transferring proceedings to the Court of First Instance or the Lands 
Tribunal shall be made by summons and shall be supported by an affidavit 
stating the grounds on which the application is made and verifying the 
facts relied on.
(L.N. 153 of 2008)

9.	Consolidation, etc., of causes or matters (O. 4, r. 9)


(1)	Where 2 or more causes or matters are pending, then, if it 
appears to the Court-

        (a)	that some common question of law or fact arises in both or all 
of them; or

        (b)	that the rights to relief claimed therein are in respect of or 
arise out of the same transaction or series of transactions; or

        (c)	that for some other reason it is desirable to make an order 
under this rule,
the Court may order those causes or matters to be consolidated on such 
terms as it thinks just or may order them to be tried at the same time, or 
one immediately after another, or may order any of them to be stayed until 
after the determination of any other of them.

(2)	Where the Court makes an order under paragraph (1) that 2 or 
more causes or matters are to be tried at the same time but no order is 
made for those causes or matters to be consolidated, then a party to one 
of those causes or matters may be treated as if it were a party to any of 
those other causes or matters for the purpose of making an order for costs 
against him or in his favour.



THE RULES OF THE DISTRICT COURT - ORDER 4
TRANSFER AND CONSOLIDATION OF PROCEEDINGS VerDate:01/09/2000



COMMENCEMENT AND PROGRESS OF PROCEEDINGS

1.	Transfer to the Court of First Instance (O. 4, r. 1)

An application under section 41 or 42 of the Ordinance for an order 
transferring proceedings to the Court of First Instance shall be made by 
summons and shall be supported by an affidavit stating the grounds on 
which the application is made and verifying the facts relied on.

9.	Consolidation, etc., of causes or matters (O. 4, r. 9)


(1)	Where 2 or more causes or matters are pending, then, if it 
appears to the Court-

        (a)	that some common question of law or fact arises in both or all 
of them; or

        (b)	that the rights to relief claimed therein are in respect of or 
arise out of the same transaction or series of transactions; or

        (c)	that for some other reason it is desirable to make an order 
under this rule,
the Court may order those causes or matters to be consolidated on such 
terms as it thinks just or may order them to be tried at the same time, or 
one immediately after another, or may order any of them to be stayed until 
after the determination of any other of them.

(2)	Where the Court makes an order under paragraph (1) that 2 or 
more causes or matters are to be tried at the same time but no order is 
made for those causes or matters to be consolidated, then a party to one 
of those causes or matters may be treated as if it were a party to any of 
those other causes or matters for the purpose of making an order for costs 
against him or in his favour.



THE RULES OF THE DISTRICT COURT - ORDER 5
MODE OF BEGINNING CIVIL PROCEEDINGS IN THE COURT VerDate:02/04/2009



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 may be begun by writ or originating summons.

2-3.	(Repealed L.N. 153 of 2008)

4.	Proceedings which may be begun by writ or
	originating summons (O. 5, r. 4)


(1)	Except in the case of proceedings which under any written law 
are required or authorized to be begun by a specific form of originating 
process, proceedings may be begun either by writ or by originating summons 
as the plaintiff considers appropriate.  (L.N. 153 of 2008)

(2)	Proceedings-

        (a)	in which the sole or principal question at issue is, or is 
likely to be, one of the construction of any written law or of any 
instrument made under any written law or of any deed, will, contract or 
other document, or some other question of law; or

        (b)	in which there is unlikely to be any substantial dispute of 
fact,
are appropriate to be begun by originating summons unless the plaintiff 
intends in those proceedings to apply for judgment under Order 14 or Order 
86 or for any other reason considers the proceedings more appropriate to 
be begun by writ.

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. 153 of 2008)



THE RULES OF THE DISTRICT COURT - ORDER 5
MODE OF BEGINNING CIVIL PROCEEDINGS IN THE COURT VerDate:01/09/2000



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 may be begun by writ or originating summons.

2.	Proceedings which must be begun by writ (O. 5, r. 2)

Subject to any provision of any written law, or of these Rules, by virtue 
of which any proceedings are expressly required to be begun otherwise than 
by writ, the following proceedings must, notwithstanding anything in rule 
4, be begun by writ, that is to say, proceedings-

        (a)	in which a claim is made by the plaintiff for any relief or 
remedy for any tort, other than trespass to land;

        (b)	in which a claim made by the plaintiff is based on an 
allegation of fraud; or

        (c)	in which a claim is made by the plaintiff for damages for 
breach of duty (whether the duty exists by virtue of a contract or of a 
provision made by or under any written law, or independently of any 
contract or of any such provision), where the damages claimed consist of 
or include damages in respect of the death of any person or in respect of 
personal injuries to any person or in respect of damage to any property.

3.	Proceedings which must be begun by 
	originating summons (O. 5, r. 3)

Proceedings by which an application is to be made to the Court or a judge 
thereof under any written law must be begun by originating summons except 
where by these Rules or by or under any written law the application in 
question is expressly required or authorized to be made by some other 
means. This rule does not apply to an application made in pending 
proceedings.

4.	Proceedings which may be begun by writ or
	originating summons (O. 5, r. 4)


(1)	Except in the case of proceedings which by these Rules or by or 
under any written law are required to be begun by writ or by originating 
summons, proceedings may be begun either by writ or by originating summons 
as the plaintiff considers appropriate.

(2)	Proceedings-

        (a)	in which the sole or principal question at issue is, or is 
likely to be, one of the construction of any written law or of any 
instrument made under any written law or of any deed, will, contract or 
other document, or some other question of law; or

        (b)	in which there is unlikely to be any substantial dispute of 
fact,
are appropriate to be begun by originating summons unless the plaintiff 
intends in those proceedings to apply for judgment under Order 14 or Order 
86 or for any other reason considers the proceedings more appropriate to 
be begun by writ.



THE RULES OF THE DISTRICT COURT - ORDER 5A
RIGHT TO ACT IN PERSON VerDate:26/10/2001




1.	Right to act in person (O. 5A, r. 1)

Subject to rule 2 and to Order 80, rule 2, any person (whether or not he 
acts as a trustee or personal representative or in any other 
representative capacity) may begin or carry on proceedings in the Court in 
person or by a solicitor.

2.	Corporations acting by a director (O. 5A, r. 2)


(1)	Subject to Order 12, rule 1(2), a corporation may not begin or 
carry on any such proceedings in the Court otherwise than by a solicitor 
except as expressly provided by or under any enactment or by this rule.

(2)	A corporation may begin or carry on proceedings by one of its 
directors where-

        (a)	a solicitor does not act for the corporation in the proceedings;

        (b)	the director has been duly authorized by the board of directors 
of the corporation to act on its behalf in the proceedings; and

        (c)	the director has made and filed at the Registry an affidavit 
stating that he has been duly authorized by the board of directors of the 
corporation to act on its behalf in the proceedings and exhibiting-

        (i)	the original of the resolution authorizing the director to act 
on behalf of the corporation; or

        (ii)	a copy of such resolution duly certified by another person who 
must either be a director or the secretary of the corporation.  (L.N. 221 
of 2001)


THE RULES OF THE DISTRICT COURT - ORDER 5A
RIGHT TO ACT IN PERSON VerDate:01/09/2000



1.	Right to act in person (O. 5A, r. 1)

Subject to rule 2 and to Order 80, rule 2, any person (whether or not he 
acts as a trustee or personal representative or in any other 
representative capacity) may begin or carry on proceedings in the Court in 
person or by a solicitor.

2.	Corporations acting by a director (O. 5A, r. 2)


(1)	Subject to Order 12, rule 1(2), a corporation may not begin or 
carry on any such proceedings in the Court otherwise than by a solicitor 
except as expressly provided by or under any enactment or by this rule.

(2)	A corporation may begin or carry on proceedings by one of its 
directors where-

        (a)	a solicitor does not act for the corporation in the proceedings;

        (b)	the director has been duly authorized by the board of directors 
of the corporation to act on its behalf in the proceedings; and

        (c)	the director has made and filed at the Registry an affidavit 
stating that he has been duly authorized by the board of directors of the 
corporation to act on its behalf in the proceedings and exhibiting a copy 
of such resolution duly certified by its secretary.



THE RULES OF THE DISTRICT COURT - ORDER 6
WRITS OF SUMMONS: GENERAL PROVISIONS VerDate:02/04/2009



1.	Form of writ (O. 6, r. 1)

Every writ must be in Form No. 1 in Appendix A.

2.	Indorsement of claim (O. 6, r. 2)

Before a writ is issued, it must be indorsed-

        (a)	with a statement of claim or, if the statement of claim is not 
indorsed on the writ, with a concise statement of the nature of the claim 
made or the relief or remedy required in the action begun thereby;

        (b)	where the claim made by the plaintiff is for a debt or 
liquidated demand only, with a statement of the amount claimed in respect 
of the debt or demand and for costs and also with a statement that further 
proceedings will be stayed if, within the time limited for acknowledging 
service, the defendant pays the amount so claimed to the plaintiff, his 
solicitor or agent; and  (L.N. 153 of 2008)

        (c)	where the only remedy that the plaintiff is seeking is the 
payment of money, with a statement that the defendant may make an 
admission in accordance with Order 13A within the period fixed for service 
of his defence.  (L.N. 153 of 2008)

3.	Indorsement as to capacity (O. 6, r. 3)

Before a writ is issued, it must be indorsed-

        (a)	where the plaintiff sues in a representative capacity, with a 
statement of the capacity in which he sues;

        (b)	where a defendant is sued in a representative capacity, with a 
statement of the capacity in which he is sued.

5.	Indorsement as to solicitor and address (O. 6, r. 5)


(1)	Before a writ is issued, it must be indorsed-

        (a)	where the plaintiff sues by a solicitor, with the plaintiff's 
address and the solicitor's name or firm and a business address of his 
within the jurisdiction and also (if the solicitor is the agent of 
another) the name or firm and a business address of his principal;

        (b)	where the plaintiff other than a corporation sues in person, 
with the address of his place of residence and, if his place of residence 
is not within the jurisdiction or if he has no place of residence, the 
address of a place within the jurisdiction at or to which documents for 
him may be delivered or sent;

        (c)	where the plaintiff which is a corporation sues in person, with 
the address of its registered or principal office and, if its registered 
or principal office is not within the jurisdiction, the address of a place 
within the jurisdiction at or to which documents for it may be delivered 
or sent.

(2)	The address for service of a plaintiff shall be-

        (a)	where he sues by a solicitor, the business address to which may 
be added a numbered box at a document exchange of the solicitor indorsed 
on the writ;

        (b)	where he sues in person, the address within the jurisdiction 
indorsed on the writ.

(3)	Where a solicitor's name is indorsed on a writ, he must, if any 
defendant who has been served with or who has acknowledged service of the 
writ requests him in writing so to do, declare in writing whether the writ 
was issued by him or with his authority or privity.

(4)	If a solicitor whose name is indorsed on a writ declares in 
writing that the writ was not issued by him or with his authority or 
privity, the Court may on the application of any defendant who has been 
served with or who has acknowledged service of the writ, stay all 
proceedings in the action begun by the writ.

6.	Concurrent writ (O. 6, r. 6)


(1)	One or more concurrent writs may, at the request of the 
plaintiff, be issued at the time when the original writ is issued or at 
any time thereafter before the original writ ceases to be valid.

(2)	Without prejudice to the generality of paragraph (1), a writ 
for service within the jurisdiction may be issued as a concurrent writ 
with one which is to be served out of the jurisdiction and a writ which is 
to be served out of the jurisdiction may be issued as a concurrent writ 
with one for service within the jurisdiction.

(3)	A concurrent writ is a true copy of the original writ with such 
differences only (if any) as are necessary having regard to the purpose 
for which the writ is issued.

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 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.

(3)	Issue of a writ takes place upon its being sealed by an officer 
of the Registry.

(4)	The officer by whom a concurrent writ is sealed must mark it as 
a concurrent writ with an official stamp.

(5)	No writ shall be sealed unless at the time of the tender 
thereof for sealing the person tendering it leaves at the office at which 
it is tendered a copy thereof signed, where the plaintiff sues in person, 
by him or, where he does not so sue, by or on behalf of his solicitor.

8.	Duration and renewal of writ (O. 6, r. 8)


(1)	For the purpose of service, a writ (other than a concurrent 
writ) is valid in the first instance for 12 months beginning with the date 
of its issue and a concurrent writ is valid in the first instance for the 
period of validity of the original writ which is unexpired at the date of 
issue of the concurrent writ.

(2)	Where a writ has not been served on a defendant, the Court may 
by order extend the validity of the writ from time to time for such 
period, not exceeding 12 months at any one time, beginning with the day 
next following that on which it would otherwise expire, as may be 
specified in the order, if an application for extension is made to the 
Court before that day or such later day (if any) as the Court may allow.

(3)	Before a writ, the validity of which has been extended under 
this rule, is served, it must be marked with an official stamp showing the 
period for which the validity of the writ has been so extended.

(4)	Where the validity of a writ is extended by order made under 
this rule, the order shall operate in relation to any other writ (whether 
original or concurrent) issued in the same action which has not been 
served so as to extend the validity of that other writ until the 
expiration of the period specified in the order.



THE RULES OF THE DISTRICT COURT - ORDER 6
WRITS OF SUMMONS: GENERAL PROVISIONS VerDate:01/09/2000



1.	Form of writ (O. 6, r. 1)

Every writ must be in Form No. 1 in Appendix A.

2.	Indorsement of claim (O. 6, r. 2)

Before a writ is issued, it must be indorsed-

        (a)	with a statement of claim or, if the statement of claim is not 
indorsed on the writ, with a concise statement of the nature of the claim 
made or the relief or remedy required in the action begun thereby;

        (b)	where the claim made by the plaintiff is for a debt or 
liquidated demand only, with a statement of the amount claimed in respect 
of the debt or demand and for costs and also with a statement that further 
proceedings will be stayed if, within the time limited for acknowledging 
service, the defendant pays the amount so claimed to the plaintiff, his 
solicitor or agent.

3.	Indorsement as to capacity (O. 6, r. 3)

Before a writ is issued, it must be indorsed-

        (a)	where the plaintiff sues in a representative capacity, with a 
statement of the capacity in which he sues;

        (b)	where a defendant is sued in a representative capacity, with a 
statement of the capacity in which he is sued.

5.	Indorsement as to solicitor and address (O. 6, r. 5)


(1)	Before a writ is issued, it must be indorsed-

        (a)	where the plaintiff sues by a solicitor, with the plaintiff's 
address and the solicitor's name or firm and a business address of his 
within the jurisdiction and also (if the solicitor is the agent of 
another) the name or firm and a business address of his principal;

        (b)	where the plaintiff other than a corporation sues in person, 
with the address of his place of residence and, if his place of residence 
is not within the jurisdiction or if he has no place of residence, the 
address of a place within the jurisdiction at or to which documents for 
him may be delivered or sent;

        (c)	where the plaintiff which is a corporation sues in person, with 
the address of its registered or principal office and, if its registered 
or principal office is not within the jurisdiction, the address of a place 
within the jurisdiction at or to which documents for it may be delivered 
or sent.

(2)	The address for service of a plaintiff shall be-

        (a)	where he sues by a solicitor, the business address to which may 
be added a numbered box at a document exchange of the solicitor indorsed 
on the writ;

        (b)	where he sues in person, the address within the jurisdiction 
indorsed on the writ.

(3)	Where a solicitor's name is indorsed on a writ, he must, if any 
defendant who has been served with or who has acknowledged service of the 
writ requests him in writing so to do, declare in writing whether the writ 
was issued by him or with his authority or privity.

(4)	If a solicitor whose name is indorsed on a writ declares in 
writing that the writ was not issued by him or with his authority or 
privity, the Court may on the application of any defendant who has been 
served with or who has acknowledged service of the writ, stay all 
proceedings in the action begun by the writ.

6.	Concurrent writ (O. 6, r. 6)


(1)	One or more concurrent writs may, at the request of the 
plaintiff, be issued at the time when the original writ is issued or at 
any time thereafter before the original writ ceases to be valid.

(2)	Without prejudice to the generality of paragraph (1), a writ 
for service within the jurisdiction may be issued as a concurrent writ 
with one which is to be served out of the jurisdiction and a writ which is 
to be served out of the jurisdiction may be issued as a concurrent writ 
with one for service within the jurisdiction.

(3)	A concurrent writ is a true copy of the original writ with such 
differences only (if any) as are necessary having regard to the purpose 
for which the writ is issued.

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 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.

(3)	Issue of a writ takes place upon its being sealed by an officer 
of the Registry.

(4)	The officer by whom a concurrent writ is sealed must mark it as 
a concurrent writ with an official stamp.

(5)	No writ shall be sealed unless at the time of the tender 
thereof for sealing the person tendering it leaves at the office at which 
it is tendered a copy thereof signed, where the plaintiff sues in person, 
by him or, where he does not so sue, by or on behalf of his solicitor.

8.	Duration and renewal of writ (O. 6, r. 8)


(1)	For the purpose of service, a writ (other than a concurrent 
writ) is valid in the first instance for 12 months beginning with the date 
of its issue and a concurrent writ is valid in the first instance for the 
period of validity of the original writ which is unexpired at the date of 
issue of the concurrent writ.

(2)	Where a writ has not been served on a defendant, the Court may 
by order extend the validity of the writ from time to time for such 
period, not exceeding 12 months at any one time, beginning with the day 
next following that on which it would otherwise expire, as may be 
specified in the order, if an application for extension is made to the 
Court before that day or such later day (if any) as the Court may allow.

(3)	Before a writ, the validity of which has been extended under 
this rule, is served, it must be marked with an official stamp showing the 
period for which the validity of the writ has been so extended.

(4)	Where the validity of a writ is extended by order made under 
this rule, the order shall operate in relation to any other writ (whether 
original or concurrent) issued in the same action which has not been 
served so as to extend the validity of that other writ until the 
expiration of the period specified in the order.



THE RULES OF THE DISTRICT COURT - ORDER 7
ORIGINATING SUMMONSES: GENERAL PROVISIONS VerDate:02/04/2009



1.	Application (O. 7, 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.

2.	Form of summons, etc. (O. 7, r. 2)


(1)	Every originating summons (other than an ex parte summons) 
shall be in Form No. 8 in Appendix A 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. 153 of 2008)

(1B)	Form No. 10 in Appendix A is to be used if it is prescribed 
under a written law.  (L.N. 153 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. 153 of 2008)

(2)	The party taking out an originating summons (other than an ex 
parte summons) shall be described as a plaintiff, and the other parties 
shall be described as defendants.

3.	Contents of summons (O. 7, r. 3)


(1)	Every originating summons must include a statement of the 
questions on which the plaintiff seeks the determination or direction of 
the Court or, as the case may be, a concise statement of the relief or 
remedy claimed in the proceedings begun by the originating summons with 
sufficient particulars to identify the cause or causes of action in 
respect of which the plaintiff claims that relief or remedy.

(2)	Order 6, rules 3 and 5, shall apply in relation to an 
originating summons as they apply in relation to a writ.

4.	Concurrent summons (O. 7, r. 4)

Order 6, rule 6, shall apply in relation to an originating summons as it 
applies in relation to a writ.

5.	Issue of summons (O. 7, r. 5)


(1)	An originating summons shall be issued out of the Registry.

(3)	Order 6, rule 7, shall apply in relation to an originating 
summons as it applies in relation to a writ.

6.	Duration and renewal of summons (O. 7, r. 6)

Order 6, rule 8, shall apply in relation to an originating summons as it 
applies in relation to a writ.

7.	Ex parte originating summonses (O. 7, r. 7)


(1)	Rules 2(1) and (1C), 3(1) and 5(1) shall, so far as applicable, 
apply to ex parte originating summonses; but, save as aforesaid, the 
foregoing rules of this Order shall not apply to ex parte originating 
summonses.  (L.N. 153 of 2008)

(2)	Order 6, rule 7(3) and (5), shall, with the necessary 
modifications, apply in relation to an ex parte originating summons as 
they apply in relation to a writ.



THE RULES OF THE DISTRICT COURT - ORDER 7
ORIGINATING SUMMONSES: GENERAL PROVISIONS VerDate:01/09/2000



1.	Application (O. 7, 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.

2.	Form of summons, etc. (O. 7, r. 2)


(1)	Every originating summons (other than an ex parte summons) 
shall be in Form No. 8 in Appendix A 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.

(2)	The party taking out an originating summons (other than an ex 
parte summons) shall be described as a plaintiff, and the other parties 
shall be described as defendants.

3.	Contents of summons (O. 7, r. 3)


(1)	Every originating summons must include a statement of the 
questions on which the plaintiff seeks the determination or direction of 
the Court or, as the case may be, a concise statement of the relief or 
remedy claimed in the proceedings begun by the originating summons with 
sufficient particulars to identify the cause or causes of action in 
respect of which the plaintiff claims that relief or remedy.

(2)	Order 6, rules 3 and 5, shall apply in relation to an 
originating summons as they apply in relation to a writ.

4.	Concurrent summons (O. 7, r. 4)

Order 6, rule 6, shall apply in relation to an originating summons as it 
applies in relation to a writ.

5.	Issue of summons (O. 7, r. 5)


(1)	An originating summons shall be issued out of the Registry.

(3)	Order 6, rule 7, shall apply in relation to an originating 
summons as it applies in relation to a writ.

6.	Duration and renewal of summons (O. 7, r. 6)

Order 6, rule 8, shall apply in relation to an originating summons as it 
applies in relation to a writ.

7.	Ex parte originating summonses (O. 7, r. 7)


(1)	Rules 2(1), 3(1) and 5(1) shall, so far as applicable, apply to 
ex parte originating summonses; but, save as aforesaid, the foregoing 
rules of this Order shall not apply to ex parte originating summonses.

(2)	Order 6, rule 7(3) and (5), shall, with the necessary 
modifications, apply in relation to an ex parte originating summons as 
they apply in relation to a writ.



THE RULES OF THE DISTRICT COURT - ORDER 8
ORIGINATING AND OTHER MOTIONS: GENERAL PROVISIONS VerDate: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.

2.	Notice of motion (O. 8, r. 2)


(1)	Except where an application by motion may properly be made ex 
parte, no motion shall be made without previous notice to the parties 
affected thereby, but the Court, if satisfied that the delay caused by 
proceeding in the ordinary way would or might entail irreparable or 
serious mischief, may make an order ex parte-

        (a)	on such terms as to costs or otherwise; and

        (b)	subject to such undertaking, if any, as it thinks just.

(2)	Any party affected by an order made under paragraph (1) may 
apply to the Court to set it aside.

(3)	Unless the Court gives leave to the contrary, there must be at 
least 2 clear days between the service of notice of a motion and the day 
named in the notice for hearing the motion.

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.

(2)	Where leave has been given under rule 2(3) to serve short 
notice of motion, that fact must be stated in the notice.

(3)	The notice of a motion must include a concise statement of the 
nature of the claim made or the relief or remedy required.

(4)	Order 6, rule 5, with the necessary modifications, applies in 
relation to notice of an originating motion as it applies in relation to a 
writ.

(5)	The notice of an originating motion by which proceedings are 
begun must be issued out of the Registry.

(6)	Issue of the notice of an originating motion takes place upon 
its being sealed by an officer of the Registry.

4.	Service of notice of motion with
	writ, etc. (O. 8, r. 4)

Notice of a motion to be made in an action may be served by the plaintiff 
on the defendant with the writ of summons or originating summons or at any 
time after service of the writ or summons, whether or not the defendant 
has acknowledged service in the action.

5.	Adjournment of hearing (O. 8, r. 5)

The hearing of any motion may be adjourned from time to time on such 
terms, if any, as the Court thinks fit.
(L.N. 153 of 2008)



THE RULES OF THE DISTRICT COURT - ORDER 9
PETITIONS: GENERAL PROVISIONS VerDate: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.

2.	Contents of petition (O. 9, r. 2)


(1)	A petition must include a concise statement of the nature of 
the claim made or the relief or remedy required in the proceedings begun 
by the petition.

(2)	A petition must include at the end of it-

        (a)	a statement of the names of the persons, if any, required to be 
served with the petition; or

        (b)	if no person is required to be served, a statement to that 
effect.

(3)	Order 6, rule 5, with the necessary modifications, applies in 
relation to a petition as it applies in relation to a writ.

3.	Presentation of petition (O. 9, r. 3)

A petition may be presented by leaving it at the Registry.

4.	Fixing time for hearing petition
	(O. 9, r. 4)


(1)	A day and time for the hearing of a petition which is required 
to be heard shall be fixed by the Registrar.

(2)	Unless the Court otherwise directs, a petition which is 
required to be served on any person must be served on him not less than 
seven days before the day fixed for the hearing of the petition.

5.	Certain applications not to be
	made by petition (O. 9, r. 5)

No application in any cause or matter may be made by petition.
(L.N. 153 of 2008)



THE RULES OF THE DISTRICT COURT - ORDER 10
SERVICE OF ORIGINATING PROCESS: GENERAL PROVISIONS VerDate:02/04/2009



1.	General provisions (O. 10, r. 1)


(1)	A writ must be served personally on each defendant by the 
plaintiff or his agent.

(2)	A writ for service on a defendant within the jurisdiction may, 
instead of being served personally on him, be served-

        (a)	by sending a copy of the writ by registered post to the 
defendant at his usual or last known address; or

        (b)	if there is a letter box for that address, by inserting through 
the letter box a copy of the writ enclosed in a sealed envelope addressed 
to the defendant.

(3)	Where a writ is served in accordance with paragraph (2)-

        (a)	the date of service shall, unless the contrary is shown, be 
deemed to be the seventh day (ignoring Order 3, rule 2(5)) after the date 
on which the copy was sent to, or as the case may be, inserted through the 
letter box for, the address in question;

        (b)	any affidavit proving due service of the writ must contain a 
statement to the effect that-

        (i)	in the opinion of the deponent (or, if the deponent is the 
plaintiff's solicitor or an employee of that solicitor, in the opinion of 
the plaintiff) the copy of the writ, if sent to, or as the case may be, 
inserted through the letter box for, the address in question, will have 
come to the knowledge of the defendant within 7 days thereafter; and

        (ii)	in the case of service by post, the copy of the writ has not 
been returned to the plaintiff through the post undelivered to the 
addressee.

(4)	Where a defendant's solicitor endorses on the writ a statement 
that he accepts service of the writ on behalf of that defendant, the writ 
shall be deemed to have been duly served on that defendant and to have 
been so served on the date on which the endorsement was made.

(5)	Subject to Order 12, rule 7, where a writ is not duly served on 
a defendant but he acknowledges service of it, the writ shall be deemed, 
unless the contrary is shown, to have been duly served on him and to have 
been so served on the date on which he acknowledges service.

(6)	Every copy of a writ for service on a defendant shall be sealed 
with the seal of the Court and shall be accompanied by a form of 
acknowledgment of service in Form No. 14 in Appendix A in which the title 
of the action and its number have been entered.

(7)	This rule shall have effect subject to the provisions of any 
Ordinance and these Rules and in particular to any enactment which 
provides for the manner in which documents may be served on bodies 
corporate.

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-

        (a)	a contract has been entered into within the jurisdiction with 
or through an agent who is either an individual residing or carrying on 
business within the jurisdiction or a body corporate having a registered 
office or a place of business within the jurisdiction; and

        (b)	the principal for whom the agent was acting was at the time the 
contract was entered into and is at the time of the application neither 
such an individual nor such a body corporate; and

        (c)	at the time of the application either the agent's authority has 
not been determined or he is still in 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.

(2)	An order under this rule authorizing service of a writ on a 
defendant's agent must limit a time within which the defendant must 
acknowledge service.

(3)	Where an order is made under this rule authorizing service of a 
writ on a defendant's agent, a copy of the order and of the writ must be 
sent by post to the defendant at his address out of the jurisdiction.

3.	Service of writ in pursuance of contract (O. 10, r. 3)


(1)	Where-

        (a)	a contract contains a term to the effect that the Court shall 
have jurisdiction to hear and determine any action in respect of a 
contract or, apart from any such term, the Court has jurisdiction to hear 
and determine any such action; and

        (b)	the contract provides that, in the event of any action in 
respect of the contract being begun, the process by which it is begun may 
be served on the defendant, or on such other person on his behalf as may 
be specified in the contract, in such manner, or at such place (whether 
within or out of the jurisdiction), as may be so specified,
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-

        (a)	if satisfied on an ex parte application that no person appears 
to be in possession of the premises or land and that service cannot be 
otherwise effected on any defendant, authorize service on that defendant 
to be effected by affixing a copy of the writ to some conspicuous part of 
the premises or land; 

        (b)	if satisfied on such an application that no person appears to 
be in possession of the premises or land and that service could not 
otherwise have been effected on any defendant, order that service already 
effected by affixing a copy of the writ to some conspicuous part of the 
premises or land shall be treated as good service on that defendant.

(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)
(L.N. 153 of 2008)


(1)	The foregoing rules of this Order shall apply, with any 
necessary modifications, in relation to an originating summons (other than 
an ex parte originating summons or an originating summons under Order 113) 
as they apply in relation to a writ, except that an acknowledgment of 
service of an originating summons shall be in Form No. 15 or 15A in 
Appendix A, whichever is appropriate.  (L.N. 153 of 2008)

(2)	Rule 1(1), (2), (3) and (4) applies, with any necessary 
modifications, in relation to a notice of an originating motion and a 
petition as they apply in relation to a writ.  (L.N. 153 of 2008)



THE RULES OF THE DISTRICT COURT - ORDER 10
SERVICE OF ORIGINATING PROCESS: GENERAL PROVISIONS VerDate:01/09/2000



1.	General provisions (O. 10, r. 1)


(1)	A writ must be served personally on each defendant by the 
plaintiff or his agent.

(2)	A writ for service on a defendant within the jurisdiction may, 
instead of being served personally on him, be served-

        (a)	by sending a copy of the writ by registered post to the 
defendant at his usual or last known address; or

        (b)	if there is a letter box for that address, by inserting through 
the letter box a copy of the writ enclosed in a sealed envelope addressed 
to the defendant.

(3)	Where a writ is served in accordance with paragraph (2)-

        (a)	the date of service shall, unless the contrary is shown, be 
deemed to be the seventh day (ignoring Order 3, rule 2(5)) after the date 
on which the copy was sent to, or as the case may be, inserted through the 
letter box for, the address in question;

        (b)	any affidavit proving due service of the writ must contain a 
statement to the effect that-

        (i)	in the opinion of the deponent (or, if the deponent is the 
plaintiff's solicitor or an employee of that solicitor, in the opinion of 
the plaintiff) the copy of the writ, if sent to, or as the case may be, 
inserted through the letter box for, the address in question, will have 
come to the knowledge of the defendant within 7 days thereafter; and

        (ii)	in the case of service by post, the copy of the writ has not 
been returned to the plaintiff through the post undelivered to the 
addressee.

(4)	Where a defendant's solicitor endorses on the writ a statement 
that he accepts service of the writ on behalf of that defendant, the writ 
shall be deemed to have been duly served on that defendant and to have 
been so served on the date on which the endorsement was made.

(5)	Subject to Order 12, rule 7, where a writ is not duly served on 
a defendant but he acknowledges service of it, the writ shall be deemed, 
unless the contrary is shown, to have been duly served on him and to have 
been so served on the date on which he acknowledges service.

(6)	Every copy of a writ for service on a defendant shall be sealed 
with the seal of the Court and shall be accompanied by a form of 
acknowledgment of service in Form No. 14 in Appendix A in which the title 
of the action and its number have been entered.

(7)	This rule shall have effect subject to the provisions of any 
Ordinance and these Rules and in particular to any enactment which 
provides for the manner in which documents may be served on bodies 
corporate.

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-

        (a)	a contract has been entered into within the jurisdiction with 
or through an agent who is either an individual residing or carrying on 
business within the jurisdiction or a body corporate having a registered 
office or a place of business within the jurisdiction; and

        (b)	the principal for whom the agent was acting was at the time the 
contract was entered into and is at the time of the application neither 
such an individual nor such a body corporate; and

        (c)	at the time of the application either the agent's authority has 
not been determined or he is still in 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.

(2)	An order under this rule authorizing service of a writ on a 
defendant's agent must limit a time within which the defendant must 
acknowledge service.

(3)	Where an order is made under this rule authorizing service of a 
writ on a defendant's agent, a copy of the order and of the writ must be 
sent by post to the defendant at his address out of the jurisdiction.

3.	Service of writ in pursuance of contract (O. 10, r. 3)


(1)	Where-

        (a)	a contract contains a term to the effect that the Court shall 
have jurisdiction to hear and determine any action in respect of a 
contract or, apart from any such term, the Court has jurisdiction to hear 
and determine any such action; and

        (b)	the contract provides that, in the event of any action in 
respect of the contract being begun, the process by which it is begun may 
be served on the defendant, or on such other person on his behalf as may 
be specified in the contract, in such manner, or at such place (whether 
within or out of the jurisdiction), as may be so specified,
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-

        (a)	if satisfied on an ex parte application that no person appears 
to be in possession of the premises or land and that service cannot be 
otherwise effected on any defendant, authorize service on that defendant 
to be effected by affixing a copy of the writ to some conspicuous part of 
the premises or land; 

        (b)	if satisfied on such an application that no person appears to 
be in possession of the premises or land and that service could not 
otherwise have been effected on any defendant, order that service already 
effected by affixing a copy of the writ to some conspicuous part of the 
premises or land shall be treated as good service on that defendant.

(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 (O. 10, r. 5) 

The foregoing rules of this Order shall apply, with any necessary 
modifications, in relation to an originating summons (other than an ex 
parte originating summons or an originating summons under Order 113) as 
they apply in relation to a writ, except that an acknowledgment of service 
of an originating summons shall be in Form No. 15 in Appendix A.



THE RULES OF THE DISTRICT COURT - ORDER 11
SERVICE OF PROCESS, ETC., OUT OF JURISDICTION VerDate:02/04/2009



1.	Principal cases in which service of writ out 
	of jurisdiction is permissible (O. 11, r. 1)


(1)	Provided that the writ is not a writ to which paragraph (2) 
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-

        (a)	relief is sought against a person domiciled or ordinarily 
resident within the jurisdiction;

        (b)	an injunction is sought ordering the defendant to do or refrain 
from doing anything within the jurisdiction (whether or not damages are 
also claimed in respect of a failure to do or the doing of that thing);

        (c)	the claim is brought against a person duly served within or out 
of the jurisdiction and a person out of the jurisdiction is a necessary or 
proper party thereto;

        (d)	the claim is brought to enforce, rescind, dissolve, annul or 
otherwise affect a contract, or to recover damages or obtain other relief 
in respect of the breach of a contract, being (in either case) a contract 
which-

        (i)	was made within the jurisdiction; or

        (ii)	was made by or through an agent trading or residing within the 
jurisdiction on behalf of a principal trading or residing out of the 
jurisdiction; or

        (iii)	is by its terms, or by implication, governed by Hong Kong 
law; or

        (iv)	contains a term to the effect that the Court shall have 
jurisdiction to hear and determine any action in respect of the contract;

        (e)	the claim is brought in respect of a breach committed within 
the jurisdiction of a contract made within or out of the jurisdiction, and 
irrespective of the fact, if such be the case, that the breach was 
preceded or accompanied by a breach committed out of the jurisdiction that 
rendered impossible the performance of so much of the contract as ought to 
have been performed within the jurisdiction;

        (f)	the claim is founded on a tort and the damage was sustained, or 
resulted from an act committed, within the jurisdiction;

        (g)	the whole subject-matter of the action is land situate within 
the jurisdiction (with or without rents or profits) or the perpetuation of 
testimony relating to land so situate;

        (h)	the claim is brought to construe, rectify, set aside or enforce 
an act, deed, will, contract, obligation or liability affecting land 
situate within the jurisdiction;

        (i)	the claim is made for a debt secured on immovable property or 
is made to assert, declare or determine proprietary or possessory rights, 
or rights of security, in or over movable property, or to obtain authority 
to dispose of movable property, situate within the jurisdiction;

        (j)	the claim is brought to execute the trusts of a written 
instrument being trusts that ought to be executed according to Hong Kong 
law and of which the person to be served with the writ is a trustee, or 
for any relief or remedy which might be obtained in any such action;

        (k)	the claim is made for the administration of the estate of a 
person who died domiciled within the jurisdiction or for any relief or 
remedy which might be obtained in any such action;

        (n)	the claim is brought under the Carriage by Air Ordinance (Cap 
500);

        (o)	the claim is for an order for the costs of and incidental to a 
dispute under section 53A(2) of the Ordinance;  (L.N. 153 of 2008)

        (oa)	the claim is for a costs order under section 53(2) of the 
Ordinance against a person who is not a party to the relevant 
proceedings;  (L.N. 153 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.

(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 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.

(3)	Where a writ is to be served out of the jurisdiction under 
paragraph (2), the time to be inserted in the writ within which the 
defendant served therewith must acknowledge service shall-

        (c)	be limited in accordance with the practice adopted under rule 
4(4).

4.	Application for, and grant of, leave to serve 
	writ out of jurisdiction (O. 11, r. 4)


(1)	An application for the grant of leave under rule 1(1) must be 
supported by an affidavit stating-

        (a)	the grounds on which the application is made;

        (b)	that in the deponent's belief the plaintiff has a good cause of 
action;

        (c)	in what place the defendant is, or probably may be found; and

        (d)	where the application is made under rule 1(1)(c), the grounds 
for the deponent's belief that there is between the plaintiff and the 
person on whom a writ has been served a real issue which the plaintiff may 
reasonably ask the Court to try.

(2)	No such leave shall be granted unless it shall be made 
sufficiently to appear to the Court that the case is a proper one for 
service out of the jurisdiction under this Order.

(4)	An order granting under rule 1 leave to serve a writ out of the 
jurisdiction must limit a time within which the defendant to be served 
must acknowledge service.

5.	Service of writ out of jurisdiction: general 
	(O. 11, r. 5)


(1)	Subject to the following provisions of this rule, Order 10, 
rule 1(1), (4), (5) and (6) and Order 65, rule 4, shall apply in relation 
to the service of a writ notwithstanding that the writ is to be served out 
of the jurisdiction, save that the accompanying form of acknowledgment of 
service shall be modified in such manner as may be appropriate.

(2)	Nothing in this rule or in any order or direction of the Court 
made by virtue of it shall authorize or require the doing of anything in a 
country or place in which service is to be effected which is contrary to 
the law of that country or place.

(3)	A writ which is to be served out of the jurisdiction-

        (a)	need not be served personally on the person required to be 
served so long as it is served on him in accordance with the law of the 
country or place in which service is effected; and

        (b)	need not be served by the plaintiff or his agent if it is 
served by a method provided for by rule 5A, 6 or 7.

(5)	An official certificate stating that a writ as regards which 
rule 5A or 6 has been complied with, has been served on a person 
personally, or in accordance with the law of the country or place in which 
service was effected, on a specified date, being a certificate-

        (a)	by a consular authority in that country or place; or

        (b)	by the government or judicial authorities of that country or 
place; or

        (c)	by any other authority designated in respect of that country or 
place under the Hague Convention,
shall be evidence of the facts so stated.

(6)	An official certificate by the Chief Secretary for 
Administration stating that a writ has been duly served on a specified 
date in accordance with a request made under rule 7 shall be evidence of 
that fact.

(7)	A document purporting to be such a certificate as is mentioned 
in paragraph (5) or (6) shall, until the contrary is proved, be deemed to 
be such a certificate.

(8)	In this rule and rule 6 "the Hague Convention" (《海牙公約》) 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)


(1)	Where in accordance with these Rules, a writ is to be served on 
a person to be served in the Mainland of China, the writ shall be served 
through the judicial authorities of the Mainland of China.

(2)	A person who wishes to serve a writ under paragraph (1) must 
lodge in the Registry a request for such service, together with 2 copies 
of the writ and 2 additional copies thereof for the person to be served.

(3)	The request lodged under paragraph (2) must contain-

        (a)	the full name and address of the person to be served;

        (b)	a description of the nature of proceedings; and

        (c)	if a particular method of service by the judicial authorities 
of the Mainland of China is desired by the person making the request, an 
indication of that particular method.

(4)	Every copy of a writ lodged under paragraph (2) must be in 
Chinese or accompanied by a Chinese translation.

(5)	Every translation lodged under paragraph (4) must be certified 
by the person making it to be a correct translation; and the certificate 
must contain a statement of that person's full name, of his address and of 
his qualifications for making the translation.

(6)	Documents duly lodged under paragraph (2) shall be sent by the 
Registrar of the High Court to the judicial authorities of the Mainland of 
China with a request that they arrange for the writ to be served or, where 
a particular method of service is indicated under paragraph (3)(c), to be 
served by that method.

6.	Service of writ out of jurisdiction through 
	foreign governments, judicial authorities 
	and consuls (O. 11, r. 6)


(2)	Where in accordance with these Rules a writ is to be served on 
a defendant in any country with respect to which there subsists a Civil 
Procedure Convention (other than the Hague Convention) providing for 
service in that country of process of the Court, the writ may be served-

        (a)	through the judicial authorities of that country; or

        (b)	through a consular authority in that country (subject to any 
provision of the Convention as to the nationality of persons who may be so 
served).

(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-

        (a)	through the authority designated under the Convention in 
respect of that country; or

        (b)	if the law of that country permits-

        (i)	through the judicial authorities of that country; or

        (ii)	through a consular authority in that country.

(3)	Where in accordance with these Rules a writ is to be served on 
a defendant in any country with respect to which there does not subsist a 
Civil Procedure Convention providing for service in that country of 
process of the Court, the writ may be served-

        (a)	through the government of that country, where that government 
is willing to effect service; or

        (b)	through a consular authority in that country, except where 
service through such an authority is contrary to the law of that country.

(4)	A person who wishes to serve a writ by a method specified in 
paragraph (2), (2A) or (3) must lodge in the 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.

(5)	Every copy of a writ lodged under paragraph (4) must be 
accompanied by a translation of the writ in the official language of the 
country in which service is to be effected or, if there is more than one 
official language of that country, in any one of those languages which is 
appropriate to the place in that country where service is to be effected:
Provided that this paragraph shall not apply in relation to a copy of a 
writ which is to be served in a country the official language of which is, 
or the official languages of which include, English, or is to be served in 
any country by a consular authority on a subject of the country of that 
consular authority, unless the service is to be effected under paragraph 

(2) and the Civil Procedure Convention with respect to that country 
expressly requires the copy to be accompanied by a translation.

(6)	Every translation lodged under paragraph (5) must be certified 
by the person making it to be a correct translation; and the certificate 
must contain a statement of that person's full name, of his address and of 
his qualifications for making the translation.

(7)	Documents duly lodged under paragraph (4) shall be sent by the 
Registrar of the High Court to the Chief Secretary for Administration with 
a request that he arranges for the writ to be served by the method 
indicated in the request lodged under that paragraph or, where alternative 
methods are so indicated, by such one of those methods as is most 
convenient.

7.	Service of process on a foreign State (O. 11, r. 7)


(1)	Subject to paragraph (4) where a person to whom leave has been 
granted under rule 1 to serve a writ on a foreign State, wishes to have 
the writ served on that State, he must lodge in the Registry-

        (a)	a request for service of the writ to be arranged by the Chief 
Secretary for Administration; and

        (b)	a copy of the writ; and

        (c)	except where the official language of the State is, or the 
official languages of that State include, English, a translation of the 
writ in the official language or one of the official languages of the 
State.

(2)	Rule 6(6) shall apply in relation to a translation lodged under 
paragraph (1) as it applies in relation to a translation lodged under 
paragraph (5) of that rule.

(3)	Documents duly lodged under this rule shall be sent by the 
Registrar of the High Court to the Chief Secretary for Administration with 
a request that the Chief Secretary for Administration arranges for the 
writ to be served on the foreign State or the government in question, as 
the case may be.

(4)	Where the foreign State has agreed to a method of service other 
than that provided by the preceding paragraphs, the writ may be served 
either by the method agreed or in accordance with the preceding paragraphs 
of this rule.

7A.	Service of writ in certain actions under 
	Carriage by Air Ordinance (O. 11, r. 7A)


(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 the 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-  (22 of 2005 s. 27)

        (a)	a request for service of the writ to be arranged by the Chief 
Secretary for Administration; and

        (b)	a copy of the writ; and

        (c)	except where the official language of the High Contracting 
Party or State Party, as may be appropriate, is, or the official languages 
of that Party include, English, a translation of the writ in the official 
language or one of the official languages of that Party.  (22 of 2005 s. 
27)

(2)	Rule 6(6) shall apply in relation to a translation lodged under 
paragraph (1) as it applies in relation to a translation lodged under 
paragraph (5) of that rule.

(3)	Documents duly lodged under this rule shall be sent by the 
Registrar of the High Court to the Chief Secretary for Administration with 
a request that the Chief Secretary for Administration arranges for the 
writ to be served on the High Contracting Party or State Party, as may be 
appropriate.  (22 of 2005 s. 27)

8.	Undertaking to pay expenses of service 
	by Chief Secretary for Administration 
	(O. 11, r. 8)

Every request lodged under rule 6(4), 7 or 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 of the High Court.

8A.	Undertaking to pay expenses of service by 
	Registrar of the High Court (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 of the High Court 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 of the High Court.

9.	Service of originating summons, etc. (O. 11, r. 9)


(1)	Rule 1 shall apply to the service out of the jurisdiction of an 
originating summons, notice of motion or petition as it applies to service 
of a writ.  (L.N. 153 of 2008)

(4)	Service out of the jurisdiction of any summons, notice or order 
issued, given or made in any proceedings is permissible with the leave of 
the Court, but leave shall not be required for such service in any 
proceedings in which the writ, originating summons, motion or petition may 
by these Rules or under any written law be served out of the jurisdiction 
without leave.  (L.N. 153 of 2008)

(5)	Rule 4(1) and (2) shall, so far as applicable, apply in 
relation to an application for the grant of leave under this rule as they 
apply in relation to an application for the grant of leave under rule 1.

(6)	An order granting under this rule leave to serve an originating 
summons out of the jurisdiction must limit a time within which the 
defendant to be served with the summons must acknowledge service.

(7)	Rules 5, 5A, 6, 8 and 8A shall apply in relation to any 
document for the service of which out of the jurisdiction leave has been 
granted under this rule as they apply in relation to a writ.
"the Hague Convention" (《海牙公約》)


THE RULES OF THE DISTRICT COURT - ORDER 11
SERVICE OF PROCESS, ETC., OUT OF JURISDICTION VerDate:15/12/2006



1.	Principal cases in which service of writ out 
	of jurisdiction is permissible (O. 11, r. 1)


(1)	Provided that the writ is not a writ to which paragraph (2) 
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-

        (a)	relief is sought against a person domiciled or ordinarily 
resident within the jurisdiction;

        (b)	an injunction is sought ordering the defendant to do or refrain 
from doing anything within the jurisdiction (whether or not damages are 
also claimed in respect of a failure to do or the doing of that thing);

        (c)	the claim is brought against a person duly served within or out 
of the jurisdiction and a person out of the jurisdiction is a necessary or 
proper party thereto;

        (d)	the claim is brought to enforce, rescind, dissolve, annul or 
otherwise affect a contract, or to recover damages or obtain other relief 
in respect of the breach of a contract, being (in either case) a contract 
which-

        (i)	was made within the jurisdiction; or

        (ii)	was made by or through an agent trading or residing within the 
jurisdiction on behalf of a principal trading or residing out of the 
jurisdiction; or

        (iii)	is by its terms, or by implication, governed by Hong Kong 
law; or

        (iv)	contains a term to the effect that the Court shall have 
jurisdiction to hear and determine any action in respect of the contract;

        (e)	the claim is brought in respect of a breach committed within 
the jurisdiction of a contract made within or out of the jurisdiction, and 
irrespective of the fact, if such be the case, that the breach was 
preceded or accompanied by a breach committed out of the jurisdiction that 
rendered impossible the performance of so much of the contract as ought to 
have been performed within the jurisdiction;

        (f)	the claim is founded on a tort and the damage was sustained, or 
resulted from an act committed, within the jurisdiction;

        (g)	the whole subject-matter of the action is land situate within 
the jurisdiction (with or without rents or profits) or the perpetuation of 
testimony relating to land so situate;

        (h)	the claim is brought to construe, rectify, set aside or enforce 
an act, deed, will, contract, obligation or liability affecting land 
situate within the jurisdiction;

        (i)	the claim is made for a debt secured on immovable property or 
is made to assert, declare or determine proprietary or possessory rights, 
or rights of security, in or over movable property, or to obtain authority 
to dispose of movable property, situate within the jurisdiction;

        (j)	the claim is brought to execute the trusts of a written 
instrument being trusts that ought to be executed according to Hong Kong 
law and of which the person to be served with the writ is a trustee, or 
for any relief or remedy which might be obtained in any such action;

        (k)	the claim is made for the administration of the estate of a 
person who died domiciled within the jurisdiction or for any relief or 
remedy which might be obtained in any such action;

        (n)	the claim is brought under the Carriage by Air Ordinance (Cap 
500);

        (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.

(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 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.

(3)	Where a writ is to be served out of the jurisdiction under 
paragraph (2), the time to be inserted in the writ within which the 
defendant served therewith must acknowledge service shall-

        (c)	be limited in accordance with the practice adopted under rule 
4(4).

4.	Application for, and grant of, leave to serve 
	writ out of jurisdiction (O. 11, r. 4)


(1)	An application for the grant of leave under rule 1(1) must be 
supported by an affidavit stating-

        (a)	the grounds on which the application is made;

        (b)	that in the deponent's belief the plaintiff has a good cause of 
action;

        (c)	in what place the defendant is, or probably may be found; and

        (d)	where the application is made under rule 1(1)(c), the grounds 
for the deponent's belief that there is between the plaintiff and the 
person on whom a writ has been served a real issue which the plaintiff may 
reasonably ask the Court to try.

(2)	No such leave shall be granted unless it shall be made 
sufficiently to appear to the Court that the case is a proper one for 
service out of the jurisdiction under this Order.

(4)	An order granting under rule 1 leave to serve a writ out of the 
jurisdiction must limit a time within which the defendant to be served 
must acknowledge service.

5.	Service of writ out of jurisdiction: general 
	(O. 11, r. 5)


(1)	Subject to the following provisions of this rule, Order 10, 
rule 1(1), (4), (5) and (6) and Order 65, rule 4, shall apply in relation 
to the service of a writ notwithstanding that the writ is to be served out 
of the jurisdiction, save that the accompanying form of acknowledgment of 
service shall be modified in such manner as may be appropriate.

(2)	Nothing in this rule or in any order or direction of the Court 
made by virtue of it shall authorize or require the doing of anything in a 
country or place in which service is to be effected which is contrary to 
the law of that country or place.

(3)	A writ which is to be served out of the jurisdiction-

        (a)	need not be served personally on the person required to be 
served so long as it is served on him in accordance with the law of the 
country or place in which service is effected; and

        (b)	need not be served by the plaintiff or his agent if it is 
served by a method provided for by rule 5A, 6 or 7.

(5)	An official certificate stating that a writ as regards which 
rule 5A or 6 has been complied with, has been served on a person 
personally, or in accordance with the law of the country or place in which 
service was effected, on a specified date, being a certificate-

        (a)	by a consular authority in that country or place; or

        (b)	by the government or judicial authorities of that country or 
place; or

        (c)	by any other authority designated in respect of that country or 
place under the Hague Convention,
shall be evidence of the facts so stated.

(6)	An official certificate by the Chief Secretary for 
Administration stating that a writ has been duly served on a specified 
date in accordance with a request made under rule 7 shall be evidence of 
that fact.

(7)	A document purporting to be such a certificate as is mentioned 
in paragraph (5) or (6) shall, until the contrary is proved, be deemed to 
be such a certificate.

(8)	In this rule and rule 6 "the Hague Convention" (《海牙公約》) 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)


(1)	Where in accordance with these Rules, a writ is to be served on 
a person to be served in the Mainland of China, the writ shall be served 
through the judicial authorities of the Mainland of China.

(2)	A person who wishes to serve a writ under paragraph (1) must 
lodge in the Registry a request for such service, together with 2 copies 
of the writ and 2 additional copies thereof for the person to be served.

(3)	The request lodged under paragraph (2) must contain-

        (a)	the full name and address of the person to be served;

        (b)	a description of the nature of proceedings; and

        (c)	if a particular method of service by the judicial authorities 
of the Mainland of China is desired by the person making the request, an 
indication of that particular method.

(4)	Every copy of a writ lodged under paragraph (2) must be in 
Chinese or accompanied by a Chinese translation.

(5)	Every translation lodged under paragraph (4) must be certified 
by the person making it to be a correct translation; and the certificate 
must contain a statement of that person's full name, of his address and of 
his qualifications for making the translation.

(6)	Documents duly lodged under paragraph (2) shall be sent by the 
Registrar of the High Court to the judicial authorities of the Mainland of 
China with a request that they arrange for the writ to be served or, where 
a particular method of service is indicated under paragraph (3)(c), to be 
served by that method.

6.	Service of writ out of jurisdiction through 
	foreign governments, judicial authorities 
	and consuls (O. 11, r. 6)


(2)	Where in accordance with these Rules a writ is to be served on 
a defendant in any country with respect to which there subsists a Civil 
Procedure Convention (other than the Hague Convention) providing for 
service in that country of process of the Court, the writ may be served-

        (a)	through the judicial authorities of that country; or

        (b)	through a consular authority in that country (subject to any 
provision of the Convention as to the nationality of persons who may be so 
served).

(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-

        (a)	through the authority designated under the Convention in 
respect of that country; or

        (b)	if the law of that country permits-

        (i)	through the judicial authorities of that country; or

        (ii)	through a consular authority in that country.

(3)	Where in accordance with these Rules a writ is to be served on 
a defendant in any country with respect to which there does not subsist a 
Civil Procedure Convention providing for service in that country of 
process of the Court, the writ may be served-

        (a)	through the government of that country, where that government 
is willing to effect service; or

        (b)	through a consular authority in that country, except where 
service through such an authority is contrary to the law of that country.

(4)	A person who wishes to serve a writ by a method specified in 
paragraph (2), (2A) or (3) must lodge in the 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.

(5)	Every copy of a writ lodged under paragraph (4) must be 
accompanied by a translation of the writ in the official language of the 
country in which service is to be effected or, if there is more than one 
official language of that country, in any one of those languages which is 
appropriate to the place in that country where service is to be effected:
Provided that this paragraph shall not apply in relation to a copy of a 
writ which is to be served in a country the official language of which is, 
or the official languages of which include, English, or is to be served in 
any country by a consular authority on a subject of the country of that 
consular authority, unless the service is to be effected under paragraph 

(2) and the Civil Procedure Convention with respect to that country 
expressly requires the copy to be accompanied by a translation.

(6)	Every translation lodged under paragraph (5) must be certified 
by the person making it to be a correct translation; and the certificate 
must contain a statement of that person's full name, of his address and of 
his qualifications for making the translation.

(7)	Documents duly lodged under paragraph (4) shall be sent by the 
Registrar of the High Court to the Chief Secretary for Administration with 
a request that he arranges for the writ to be served by the method 
indicated in the request lodged under that paragraph or, where alternative 
methods are so indicated, by such one of those methods as is most 
convenient.

7.	Service of process on a foreign State (O. 11, r. 7)


(1)	Subject to paragraph (4) where a person to whom leave has been 
granted under rule 1 to serve a writ on a foreign State, wishes to have 
the writ served on that State, he must lodge in the Registry-

        (a)	a request for service of the writ to be arranged by the Chief 
Secretary for Administration; and

        (b)	a copy of the writ; and

        (c)	except where the official language of the State is, or the 
official languages of that State include, English, a translation of the 
writ in the official language or one of the official languages of the 
State.

(2)	Rule 6(6) shall apply in relation to a translation lodged under 
paragraph (1) as it applies in relation to a translation lodged under 
paragraph (5) of that rule.

(3)	Documents duly lodged under this rule shall be sent by the 
Registrar of the High Court to the Chief Secretary for Administration with 
a request that the Chief Secretary for Administration arranges for the 
writ to be served on the foreign State or the government in question, as 
the case may be.

(4)	Where the foreign State has agreed to a method of service other 
than that provided by the preceding paragraphs, the writ may be served 
either by the method agreed or in accordance with the preceding paragraphs 
of this rule.

7A.	Service of writ in certain actions under 
	Carriage by Air Ordinance (O. 11, r. 7A)


(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 the 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-  (22 of 2005 s. 27)

        (a)	a request for service of the writ to be arranged by the Chief 
Secretary for Administration; and

        (b)	a copy of the writ; and

        (c)	except where the official language of the High Contracting 
Party or State Party, as may be appropriate, is, or the official languages 
of that Party include, English, a translation of the writ in the official 
language or one of the official languages of that Party.  (22 of 2005 s. 
27)

(2)	Rule 6(6) shall apply in relation to a translation lodged under 
paragraph (1) as it applies in relation to a translation lodged under 
paragraph (5) of that rule.

(3)	Documents duly lodged under this rule shall be sent by the 
Registrar of the High Court to the Chief Secretary for Administration with 
a request that the Chief Secretary for Administration arranges for the 
writ to be served on the High Contracting Party or State Party, as may be 
appropriate.  (22 of 2005 s. 27)

8.	Undertaking to pay expenses of service 
	by Chief Secretary for Administration 
	(O. 11, r. 8)

Every request lodged under rule 6(4), 7 or 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 of the High Court.

8A.	Undertaking to pay expenses of service by 
	Registrar of the High Court (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 of the High Court 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 of the High Court.

9.	Service of originating summons, etc. (O. 11, r. 9)


(1)	Rule 1 shall apply to the service out of the jurisdiction of an 
originating summons as it applies to service of a writ.

(4)	Service out of the jurisdiction of any summons, notice or order 
issued, given or made in any proceedings is permissible with the leave of 
the Court, but leave shall not be required for such service in any 
proceedings in which the writ or originating summons may by these Rules or 
under any written law be served out of the jurisdiction without leave.

(5)	Rule 4(1) and (2) shall, so far as applicable, apply in 
relation to an application for the grant of leave under this rule as they 
apply in relation to an application for the grant of leave under rule 1.

(6)	An order granting under this rule leave to serve an originating 
summons out of the jurisdiction must limit a time within which the 
defendant to be served with the summons must acknowledge service.

(7)	Rules 5, 5A, 6, 8 and 8A shall apply in relation to any 
document for the service of which out of the jurisdiction leave has been 
granted under this rule as they apply in relation to a writ.
"the Hague Convention" (《海牙公約》)


THE RULES OF THE DISTRICT COURT - ORDER 11
SERVICE OF PROCESS, ETC., OUT OF JURISDICTION VerDate:01/09/2000



1.	Principal cases in which service of writ out 
	of jurisdiction is permissible (O. 11, r. 1)


(1)	Provided that the writ is not a writ to which paragraph (2) 
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-

        (a)	relief is sought against a person domiciled or ordinarily 
resident within the jurisdiction;

        (b)	an injunction is sought ordering the defendant to do or refrain 
from doing anything within the jurisdiction (whether or not damages are 
also claimed in respect of a failure to do or the doing of that thing);

        (c)	the claim is brought against a person duly served within or out 
of the jurisdiction and a person out of the jurisdiction is a necessary or 
proper party thereto;

        (d)	the claim is brought to enforce, rescind, dissolve, annul or 
otherwise affect a contract, or to recover damages or obtain other relief 
in respect of the breach of a contract, being (in either case) a contract 
which-

        (i)	was made within the jurisdiction; or

        (ii)	was made by or through an agent trading or residing within the 
jurisdiction on behalf of a principal trading or residing out of the 
jurisdiction; or

        (iii)	is by its terms, or by implication, governed by Hong Kong 
law; or

        (iv)	contains a term to the effect that the Court shall have 
jurisdiction to hear and determine any action in respect of the contract;

        (e)	the claim is brought in respect of a breach committed within 
the jurisdiction of a contract made within or out of the jurisdiction, and 
irrespective of the fact, if such be the case, that the breach was 
preceded or accompanied by a breach committed out of the jurisdiction that 
rendered impossible the performance of so much of the contract as ought to 
have been performed within the jurisdiction;

        (f)	the claim is founded on a tort and the damage was sustained, or 
resulted from an act committed, within the jurisdiction;

        (g)	the whole subject-matter of the action is land situate within 
the jurisdiction (with or without rents or profits) or the perpetuation of 
testimony relating to land so situate;

        (h)	the claim is brought to construe, rectify, set aside or enforce 
an act, deed, will, contract, obligation or liability affecting land 
situate within the jurisdiction;

        (i)	the claim is made for a debt secured on immovable property or 
is made to assert, declare or determine proprietary or possessory rights, 
or rights of security, in or over movable property, or to obtain authority 
to dispose of movable property, situate within the jurisdiction;

        (j)	the claim is brought to execute the trusts of a written 
instrument being trusts that ought to be executed according to Hong Kong 
law and of which the person to be served with the writ is a trustee, or 
for any relief or remedy which might be obtained in any such action;

        (k)	the claim is made for the administration of the estate of a 
person who died domiciled within the jurisdiction or for any relief or 
remedy which might be obtained in any such action;

        (n)	the claim is brought under the Carriage by Air Ordinance (Cap 
500);

        (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.

(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 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.

(3)	Where a writ is to be served out of the jurisdiction under 
paragraph (2), the time to be inserted in the writ within which the 
defendant served therewith must acknowledge service shall-

        (c)	be limited in accordance with the practice adopted under rule 
4(4).

4.	Application for, and grant of, leave to serve 
	writ out of jurisdiction (O. 11, r. 4)


(1)	An application for the grant of leave under rule 1(1) must be 
supported by an affidavit stating-

        (a)	the grounds on which the application is made;

        (b)	that in the deponent's belief the plaintiff has a good cause of 
action;

        (c)	in what place the defendant is, or probably may be found; and

        (d)	where the application is made under rule 1(1)(c), the grounds 
for the deponent's belief that there is between the plaintiff and the 
person on whom a writ has been served a real issue which the plaintiff may 
reasonably ask the Court to try.

(2)	No such leave shall be granted unless it shall be made 
sufficiently to appear to the Court that the case is a proper one for 
service out of the jurisdiction under this Order.

(4)	An order granting under rule 1 leave to serve a writ out of the 
jurisdiction must limit a time within which the defendant to be served 
must acknowledge service.

5.	Service of writ out of jurisdiction: general 
	(O. 11, r. 5)


(1)	Subject to the following provisions of this rule, Order 10, 
rule 1(1), (4), (5) and (6) and Order 65, rule 4, shall apply in relation 
to the service of a writ notwithstanding that the writ is to be served out 
of the jurisdiction, save that the accompanying form of acknowledgment of 
service shall be modified in such manner as may be appropriate.

(2)	Nothing in this rule or in any order or direction of the Court 
made by virtue of it shall authorize or require the doing of anything in a 
country or place in which service is to be effected which is contrary to 
the law of that country or place.

(3)	A writ which is to be served out of the jurisdiction-

        (a)	need not be served personally on the person required to be 
served so long as it is served on him in accordance with the law of the 
country or place in which service is effected; and

        (b)	need not be served by the plaintiff or his agent if it is 
served by a method provided for by rule 5A, 6 or 7.

(5)	An official certificate stating that a writ as regards which 
rule 5A or 6 has been complied with, has been served on a person 
personally, or in accordance with the law of the country or place in which 
service was effected, on a specified date, being a certificate-

        (a)	by a consular authority in that country or place; or

        (b)	by the government or judicial authorities of that country or 
place; or

        (c)	by any other authority designated in respect of that country or 
place under the Hague Convention,
shall be evidence of the facts so stated.

(6)	An official certificate by the Chief Secretary for 
Administration stating that a writ has been duly served on a specified 
date in accordance with a request made under rule 7 shall be evidence of 
that fact.

(7)	A document purporting to be such a certificate as is mentioned 
in paragraph (5) or (6) shall, until the contrary is proved, be deemed to 
be such a certificate.

(8)	In this rule and rule 6 "the Hague Convention" (《海牙公約》) 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)


(1)	Where in accordance with these Rules, a writ is to be served on 
a person to be served in the Mainland of China, the writ shall be served 
through the judicial authorities of the Mainland of China.

(2)	A person who wishes to serve a writ under paragraph (1) must 
lodge in the Registry a request for such service, together with 2 copies 
of the writ and 2 additional copies thereof for the person to be served.

(3)	The request lodged under paragraph (2) must contain-

        (a)	the full name and address of the person to be served;

        (b)	a description of the nature of proceedings; and

        (c)	if a particular method of service by the judicial authorities 
of the Mainland of China is desired by the person making the request, an 
indication of that particular method.

(4)	Every copy of a writ lodged under paragraph (2) must be in 
Chinese or accompanied by a Chinese translation.

(5)	Every translation lodged under paragraph (4) must be certified 
by the person making it to be a correct translation; and the certificate 
must contain a statement of that person's full name, of his address and of 
his qualifications for making the translation.

(6)	Documents duly lodged under paragraph (2) shall be sent by the 
Registrar of the High Court to the judicial authorities of the Mainland of 
China with a request that they arrange for the writ to be served or, where 
a particular method of service is indicated under paragraph (3)(c), to be 
served by that method.

6.	Service of writ out of jurisdiction through 
	foreign governments, judicial authorities 
	and consuls (O. 11, r. 6)


(2)	Where in accordance with these Rules a writ is to be served on 
a defendant in any country with respect to which there subsists a Civil 
Procedure Convention (other than the Hague Convention) providing for 
service in that country of process of the Court, the writ may be served-

        (a)	through the judicial authorities of that country; or

        (b)	through a consular authority in that country (subject to any 
provision of the Convention as to the nationality of persons who may be so 
served).

(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-

        (a)	through the authority designated under the Convention in 
respect of that country; or

        (b)	if the law of that country permits-

        (i)	through the judicial authorities of that country; or

        (ii)	through a consular authority in that country.

(3)	Where in accordance with these Rules a writ is to be served on 
a defendant in any country with respect to which there does not subsist a 
Civil Procedure Convention providing for service in that country of 
process of the Court, the writ may be served-

        (a)	through the government of that country, where that government 
is willing to effect service; or

        (b)	through a consular authority in that country, except where 
service through such an authority is contrary to the law of that country.

(4)	A person who wishes to serve a writ by a method specified in 
paragraph (2), (2A) or (3) must lodge in the 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.

(5)	Every copy of a writ lodged under paragraph (4) must be 
accompanied by a translation of the writ in the official language of the 
country in which service is to be effected or, if there is more than one 
official language of that country, in any one of those languages which is 
appropriate to the place in that country where service is to be effected:
Provided that this paragraph shall not apply in relation to a copy of a 
writ which is to be served in a country the official language of which is, 
or the official languages of which include, English, or is to be served in 
any country by a consular authority on a subject of the country of that 
consular authority, unless the service is to be effected under paragraph 

(2) and the Civil Procedure Convention with respect to that country 
expressly requires the copy to be accompanied by a translation.

(6)	Every translation lodged under paragraph (5) must be certified 
by the person making it to be a correct translation; and the certificate 
must contain a statement of that person's full name, of his address and of 
his qualifications for making the translation.

(7)	Documents duly lodged under paragraph (4) shall be sent by the 
Registrar of the High Court to the Chief Secretary for Administration with 
a request that he arranges for the writ to be served by the method 
indicated in the request lodged under that paragraph or, where alternative 
methods are so indicated, by such one of those methods as is most 
convenient.

7.	Service of process on a foreign State (O. 11, r. 7)


(1)	Subject to paragraph (4) where a person to whom leave has been 
granted under rule 1 to serve a writ on a foreign State, wishes to have 
the writ served on that State, he must lodge in the Registry-

        (a)	a request for service of the writ to be arranged by the Chief 
Secretary for Administration; and

        (b)	a copy of the writ; and

        (c)	except where the official language of the State is, or the 
official languages of that State include, English, a translation of the 
writ in the official language or one of the official languages of the 
State.

(2)	Rule 6(6) shall apply in relation to a translation lodged under 
paragraph (1) as it applies in relation to a translation lodged under 
paragraph (5) of that rule.

(3)	Documents duly lodged under this rule shall be sent by the 
Registrar of the High Court to the Chief Secretary for Administration with 
a request that the Chief Secretary for Administration arranges for the 
writ to be served on the foreign State or the government in question, as 
the case may be.

(4)	Where the foreign State has agreed to a method of service other 
than that provided by the preceding paragraphs, the writ may be served 
either by the method agreed or in accordance with the preceding paragraphs 
of this rule.

7A.	Service of writ in certain actions under 
	Carriage by Air Ordinance (O. 11, r. 7A)


(1)	Where a person to whom leave has been granted under rule 1 to 
serve a writ on a High Contracting Party to the convention set out in 
section 4 of the 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-

        (a)	a request for service of the writ to be arranged by the Chief 
Secretary for Administration; and

        (b)	a copy of the writ; and

        (c)	except where the official language of the High Contracting 
Party is, or the official languages of that Party include, English, a 
translation of the writ in the official language or one of the official 
languages of the High Contracting Party.

(2)	Rule 6(6) shall apply in relation to a translation lodged under 
paragraph (1) as it applies in relation to a translation lodged under 
paragraph (5) of that rule.

(3)	Documents duly lodged under this rule shall be sent by the 
Registrar of the High Court to the Chief Secretary for Administration with 
a request that the Chief Secretary for Administration arranges for the 
writ to be served on the High Contracting Party.

8.	Undertaking to pay expenses of service 
	by Chief Secretary for Administration 
	(O. 11, r. 8)

Every request lodged under rule 6(4), 7 or 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 of the High Court.

8A.	Undertaking to pay expenses of service by 
	Registrar of the High Court (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 of the High Court 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 of the High Court.

9.	Service of originating summons, etc. (O. 11, r. 9)


(1)	Rule 1 shall apply to the service out of the jurisdiction of an 
originating summons as it applies to service of a writ.

(4)	Service out of the jurisdiction of any summons, notice or order 
issued, given or made in any proceedings is permissible with the leave of 
the Court, but leave shall not be required for such service in any 
proceedings in which the writ or originating summons may by these Rules or 
under any written law be served out of the jurisdiction without leave.

(5)	Rule 4(1) and (2) shall, so far as applicable, apply in 
relation to an application for the grant of leave under this rule as they 
apply in relation to an application for the grant of leave under rule 1.

(6)	An order granting under this rule leave to serve an originating 
summons out of the jurisdiction must limit a time within which the 
defendant to be served with the summons must acknowledge service.

(7)	Rules 5, 5A, 6, 8 and 8A shall apply in relation to any 
document for the service of which out of the jurisdiction leave has been 
granted under this rule as they apply in relation to a writ.
"the Hague Convention" (《海牙公約》)


THE RULES OF THE DISTRICT COURT - ORDER 12
ACKNOWLEDGMENT OF SERVICE OF WRIT OR ORIGINATING SUMMONS VerDate:02/04/2009



1.	Mode of acknowledging service (O. 12, r. 1)


(1)	Subject to paragraph (2) and to Order 80, rule 2, a defendant 
to an action begun by writ may (whether or not he is sued as a trustee or 
personal representative or in any other representative capacity) 
acknowledge service of the writ and give notice of intention to defend the 
action by a solicitor or in person.

(2)	The defendant to such an action which is a body corporate may 
acknowledge service of the writ and give notice of intention to defend the 
action either by a solicitor or by a person duly authorized to act on the 
defendant's behalf.

(3)	Service of a writ may be acknowledged by properly completing an 
acknowledgment of service as defined by rule 3 and handing it in at, or 
sending it by post to, the Registry.

(4)	If 2 or more defendants to an action acknowledge service by the 
same solicitor and at the same time, only one acknowledgment of service 
need be completed and delivered for those defendants.  (L.N. 153 of 2008)

(5)	The date on which service is acknowledged is the date on which 
the acknowledgment of service is received at the Registry.

3.	Acknowledgment of service (O. 12, r. 3)


(1)	An acknowledgment of service must be in Form No. 14, 15 or 15A 
in Appendix A, whichever is appropriate, and except as provided in rule 
1(2), must be signed by the solicitor acting for the defendant specified 
in the acknowledgment or, if the defendant is acting in person, by that 
defendant.  (L.N. 153 of 2008)

(2)	An acknowledgment of service must specify-

        (a)	in the case of a defendant acknowledging service in person, the 
address of his place of residence and, if his place of residence is not 
within the jurisdiction or if he has no place of residence, the address of 
a place within the jurisdiction at or to which documents for him may be 
delivered or sent; and

        (b)	in the case of a defendant acknowledging service by a 
solicitor, a business address to which may be 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 subparagraph (a) to the 
defendant's place of residence shall be construed as references to the 
defendant's registered or principal office.

(3)	Where the defendant acknowledges service by a solicitor who is 
acting as agent for another solicitor having a place of business within 
the jurisdiction, the acknowledgment of service must state that the 
first-named solicitor so acts and must also state the name and address of 
that other solicitor.

(4)	If an acknowledgment of service does not specify the 
defendant's address for service or the Court is satisfied that any address 
specified in the acknowledgment for service is not genuine, the Court may 
on application by the plaintiff set aside the acknowledgment or order the 
defendant to give an address or, as the case may be, a genuine address for 
service and may in any case direct that the acknowledgment shall 
nevertheless have effect for the purpose of Order 10, rule 1(5) and Order 
65, rule 9.

4.	Procedure on receipt of acknowledgment
	of service (O. 12, r. 4)

On receiving an acknowledgment of service an officer of the Registry must-

        (a)	affix to the acknowledgment an official stamp showing the date 
on which he received it;

        (b)	enter the acknowledgment in the cause book with a note showing, 
if it be the case, that the defendant has indicated in the acknowledgment 
an intention to contest the proceedings or to apply for a stay of 
execution in respect of any judgment obtained against him in the 
proceedings; and

        (c)	make a copy of the acknowledgment, having affixed to it an 
official stamp showing the date on which he received the acknowledgment, 
and send by post to the plaintiff or, as the case may be, his solicitor at 
the plaintiff's address for service.

5.	Time limited for acknowledging service (O. 12, r. 5)

References in these Rules to the time limited for acknowledging service 
are references-

        (a)	in the case of a writ served within the jurisdiction, to 14 
days after service of the writ (including the day of service) or, where 
that time has been extended by or by virtue of these Rules, to that time 
as so extended; and

        (b)	in the case of a writ served out of the jurisdiction, to the 
time limited under Order 10, rule 2(2), Order 11, rule 1(3), or Order 11, 
rule 4(4), or, where that time has been extended as aforesaid, to that 
time as so extended.

6.	Late acknowledgment of service (O. 12, r. 6)


(1)	Except with the leave of the Court, a defendant may not give 
notice of intention to defend in an action after judgment has been 
obtained therein.

(2)	Except as provided by paragraph (1), nothing in these Rules or 
any writ or order thereunder shall be construed as precluding a defendant 
from acknowledging service in an action after the time limited for so 
doing, but if a defendant acknowledges service after that time, he shall 
not, unless the Court otherwise orders, be entitled to serve a defence or 
do any other act later than if he had acknowledged service within that 
time.

7.	Acknowledgment not to constitute waiver (O. 12, r. 7)

The acknowledgment by a defendant of service of a writ shall not be 
treated as a waiver by him of any irregularity in the writ or service 
thereof or in any order giving leave to serve the writ or extending the 
validity of the writ for the purpose of service.

8.	Dispute as to jurisdiction (O. 12, r. 8)


(1)	A defendant who wishes to dispute the jurisdiction of the Court 
in the proceedings by reason of any such irregularity as is mentioned in 
rule 7 or on any other ground shall give notice of intention to defend the 
proceedings and shall, within the time limited for service of a defence, 
apply to the Court for-

        (a)	an order setting aside the writ or service of the writ on him; 
or

        (b)	an order declaring that the writ has not been duly served on 
him; or

        (c)	the discharge of any order giving leave to serve the writ on 
him out of the jurisdiction; or

        (d)	the discharge of any order extending the validity of the writ 
for the purpose of service; or

        (e)	the protection or release of any property of the defendant 
seized or threatened with seizure in the proceedings; or

        (f)	the discharge of any order made to prevent any dealing with any 
property of the defendant; or

        (g)	a declaration that in the circumstances of the case the Court 
has no jurisdiction over the defendant in respect of the subject-matter of 
the claim or the relief or remedy sought in the action; or

        (ga)	an order staying the proceedings; or  (L.N. 153 of 2008)

        (h)	such other relief as may be appropriate.

(2)	A defendant who wishes to argue that the Court should not 
exercise its jurisdiction in the proceedings on one or more of the grounds 
specified in paragraph (2A) or on any other ground shall also give notice 
of intention to defend the proceedings and shall, within the time limited 
for service of a defence, apply to the Court for-

        (a)	a declaration that in the circumstances of the case the Court 
should not exercise any jurisdiction it may have; or

        (b)	an order staying the proceedings; or

        (c)	such other relief as may be appropriate, including the relief 
specified in paragraph (1)(e) or (f).  (L.N. 153 of 2008)

(2A)	The grounds specified for the purposes of paragraph (2) are 
that-

        (a)	considering the best interests and convenience of the parties 
to the proceedings and the witnesses in the proceedings, the proceedings 
should be conducted in another court;

        (b)	the defendant is entitled to rely on an agreement to which the 
plaintiff is a party, excluding the jurisdiction of the Court; and

        (c)	in respect of the same cause of action to which the proceedings 
relate, there are other proceedings pending between the defendant and the 
plaintiff in another court.  (L.N. 153 of 2008)

(3)	An application under paragraph (1) or (2) must be made by 
summons which must state the grounds of the application.

(4)	An application under paragraph (1) or (2) must be supported by 
an affidavit verifying the facts on which the application is based and a 
copy of the affidavit must be served with the summons by which the 
application is made.

(5)	Upon hearing an application under paragraph (1) or (2), the 
Court, if it does not dispose of the matter in dispute, may give such 
directions for its disposal as may be appropriate, including directions 
for the trial thereof as a preliminary issue.

(6)	A defendant who makes an application under paragraph (1) or (2) 
shall not be treated as having submitted to the jurisdiction of the Court 
by reason of his having given notice of intention to defend the action; 
but if the Court makes no order on the application or dismisses it, the 
notice shall stand unless otherwise directed by the Court and the 
defendant shall be treated as having given notice of intention to defend 
the action.

(6A)	If the Court makes no order on an application under paragraph 

(1) or (2) or dismisses it, it may give such directions as may be 
appropriate for service of a defence and the further conduct of the 
proceedings.  (L.N. 153 of 2008)

(7)	Except where the defendant makes an application in accordance 
with paragraph (1) or (2), the acknowledgment by a defendant of service of 
a writ shall, unless the acknowledgment is withdrawn by leave of the Court 
under Order 21, rule 1, be treated as a submission by the defendant to the 
jurisdiction of the Court in the proceedings.
(L.N. 153 of 2008)

8A.	Application by defendant where writ not
	served (O. 12, r. 8A)


(1)	Any person named as a defendant in a writ which has not been 
served on him may serve on the plaintiff a notice requiring him within a 
specified period not less than 14 days after service of the notice either 
to serve the writ on the defendant or to discontinue the action as against 
him.

(2)	Where the plaintiff fails to comply with a notice under 
paragraph (1) within the time specified the Court may, on the application 
of the defendant by summons, order the action to be dismissed or make such 
other order as it thinks fit.

(3)	A summons under paragraph (2) shall be supported by an 
affidavit verifying the facts on which the application is based and 
stating that the defendant intends to contest the proceedings and a copy 
of the affidavit must be served with the summons.

(4)	Where the plaintiff serves the writ in compliance with a notice 
under paragraph (1) or with an order under paragraph (2) the defendant 
must acknowledge service within the time limited for so doing.

9.	Acknowledgment of service of originating 
	summons (O. 12, r. 9)


(1)	Each defendant named in and served with an originating summons 

        (other than an ex parte originating summons or an originating summons 
under Order 113) must acknowledge service of the summons as if it were a 
writ.

(3)	The foregoing rules of this Order shall apply in relation to an 
originating summons (other than an ex parte originating summons or an 
originating summons under Order 113) as they apply to a writ except that 
after the word "extended" wherever it occurs in rule 5(a), there shall be 
inserted the words "or abridged" and for the reference in rule 5(b) to 
Order 11, rules 1(3) and 4(4), there shall be substituted a reference to 
Order 11, rule 9(6).

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, 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.

11.	Transitional provision relating to
	rule 35 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 35 of the Amendment Rules 2008 had not been made.
(L.N. 153 of 2008)
___________________________________________________________________________
______________
Note:
*	Commencement day: 2 April 2009.



THE RULES OF THE DISTRICT COURT - ORDER 12
ACKNOWLEDGMENT OF SERVICE OF WRIT OR ORIGINATING SUMMONS VerDate:01/09/2000



1.	Mode of acknowledging service (O. 12, r. 1)


(1)	Subject to paragraph (2) and to Order 80, rule 2, a defendant 
to an action begun by writ may (whether or not he is sued as a trustee or 
personal representative or in any other representative capacity) 
acknowledge service of the writ and give notice of intention to defend the 
action by a solicitor or in person.

(2)	The defendant to such an action which is a body corporate may 
acknowledge service of the writ and give notice of intention to defend the 
action either by a solicitor or by a person duly authorized to act on the 
defendant's behalf.

(3)	Service of a writ may be acknowledged by properly completing an 
acknowledgment of service as defined by rule 3 and handing it in at, or 
sending it by post to, the Registry.

(4)	If 1 or more defendants to an action acknowledge service by the 
same solicitor and at the same time, only one acknowledgment of service 
need be completed and delivered for those defendants.

(5)	The date on which service is acknowledged is the date on which 
the acknowledgment of service is received at the Registry.

3.	Acknowledgment of service (O. 12, r. 3)


(1)	An acknowledgment of service must be in Form No. 14 or 15 in 
Appendix A, whichever is appropriate, and except as provided in rule 1(2), 
must be signed by the solicitor acting for the defendant specified in the 
acknowledgment or, if the defendant is acting in person, by that defendant.

(2)	An acknowledgment of service must specify-

        (a)	in the case of a defendant acknowledging service in person, the 
address of his place of residence and, if his place of residence is not 
within the jurisdiction or if he has no place of residence, the address of 
a place within the jurisdiction at or to which documents for him may be 
delivered or sent; and

        (b)	in the case of a defendant acknowledging service by a 
solicitor, a business address to which may be 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 subparagraph (a) to the 
defendant's place of residence shall be construed as references to the 
defendant's registered or principal office.

(3)	Where the defendant acknowledges service by a solicitor who is 
acting as agent for another solicitor having a place of business within 
the jurisdiction, the acknowledgment of service must state that the 
first-named solicitor so acts and must also state the name and address of 
that other solicitor.

(4)	If an acknowledgment of service does not specify the 
defendant's address for service or the Court is satisfied that any address 
specified in the acknowledgment for service is not genuine, the Court may 
on application by the plaintiff set aside the acknowledgment or order the 
defendant to give an address or, as the case may be, a genuine address for 
service and may in any case direct that the acknowledgment shall 
nevertheless have effect for the purpose of Order 10, rule 1(5) and Order 
65, rule 9.

4.	Procedure on receipt of acknowledgment 
	of service (O. 12, r. 4)

On receiving an acknowledgment of service an officer of the Registry must-

        (a)	affix to the acknowledgment an official stamp showing the date 
on which he received it;

        (b)	enter the acknowledgment in the cause book with a note showing, 
if it be the case, that the defendant has indicated in the acknowledgment 
an intention to contest the proceedings or to apply for a stay of 
execution in respect of any judgment obtained against him in the 
proceedings; and

        (c)	make a copy of the acknowledgment, having affixed to it an 
official stamp showing the date on which he received the acknowledgment, 
and send by post to the plaintiff or, as the case may be, his solicitor at 
the plaintiff's address for service.

5.	Time limited for acknowledging service (O. 12, r. 5)

References in these Rules to the time limited for acknowledging service 
are references-

        (a)	in the case of a writ served within the jurisdiction, to 14 
days after service of the writ (including the day of service) or, where 
that time has been extended by or by virtue of these Rules, to that time 
as so extended; and

        (b)	in the case of a writ served out of the jurisdiction, to the 
time limited under Order 10, rule 2(2), Order 11, rule 1(3), or Order 11, 
rule 4(4), or, where that time has been extended as aforesaid, to that 
time as so extended.

6.	Late acknowledgment of service (O. 12, r. 6)


(1)	Except with the leave of the Court, a defendant may not give 
notice of intention to defend in an action after judgment has been 
obtained therein.

(2)	Except as provided by paragraph (1), nothing in these Rules or 
any writ or order thereunder shall be construed as precluding a defendant 
from acknowledging service in an action after the time limited for so 
doing, but if a defendant acknowledges service after that time, he shall 
not, unless the Court otherwise orders, be entitled to serve a defence or 
do any other act later than if he had acknowledged service within that 
time.

7.	Acknowledgment not to constitute waiver (O. 12, r. 7)

The acknowledgment by a defendant of service of a writ shall not be 
treated as a waiver by him of any irregularity in the writ or service 
thereof or in any order giving leave to serve the writ or extending the 
validity of the writ for the purpose of service.

8.	Dispute as to jurisdiction (O. 12, r. 8)


(1)	A defendant who wishes to dispute the jurisdiction of the Court 
in the proceedings by reason of any such irregularity as is mentioned in 
rule 7 or on any other ground shall give notice of intention to defend the 
proceedings and shall, within the time limited for service of a defence, 
apply to the Court for-

        (a)	an order setting aside the writ or service of the writ on him; 
or

        (b)	an order declaring that the writ has not been duly served on 
him; or

        (c)	the discharge of any order giving leave to serve the writ on 
him out of the jurisdiction; or

        (d)	the discharge of any order extending the validity of the writ 
for the purpose of service; or

        (e)	the protection or release of any property of the defendant 
seized or threatened with seizure in the proceedings; or

        (f)	the discharge of any order made to prevent any dealing with any 
property of the defendant; or

        (g)	a declaration that in the circumstances of the case the Court 
has no jurisdiction over the defendant in respect of the subject-matter of 
the claim or the relief or remedy sought in the action; or

        (h)	such other relief as may be appropriate.

(3)	An application under paragraph (1) must be made by summons 
which must state the grounds of the application.

(4)	An application under paragraph (1) must be supported by an 
affidavit verifying the facts on which the application is based and a copy 
of the affidavit must be served with the summons by which the application 
is made.

(5)	Upon hearing an application under paragraph (1), the Court, if 
it does not dispose of the matter in dispute, may give such directions for 
its disposal as may be appropriate, including directions for the trial 
thereof as a preliminary issue.

(6)	A defendant who makes an application under paragraph (1) shall 
not be treated as having submitted to the jurisdiction of the Court by 
reason of his having given notice of intention to defend the action; and 
if the Court makes no order on the application or dismisses it, the notice 
shall cease to have effect, but the defendant may, subject to rule 6(1), 
lodge a further acknowledgment of service and in that case paragraph (7) 
shall apply as if the defendant had not made any such application.

(7)	Except where the defendant makes an application in accordance 
with paragraph (1), the acknowledgment by a defendant of service of a writ 
shall, unless the acknowledgment is withdrawn by leave of the Court under 
Order 21, rule 1, be treated as a submission by the defendant to the 
jurisdiction of the Court in the proceedings.

8A.	Application by defendant where writ not 
	served (O. 12, r. 8A)


(1)	Any person named as a defendant in a writ which has not been 
served on him may serve on the plaintiff a notice requiring him within a 
specified period not less than 14 days after service of the notice either 
to serve the writ on the defendant or to discontinue the action as against 
him.

(2)	Where the plaintiff fails to comply with a notice under 
paragraph (1) within the time specified the Court may, on the application 
of the defendant by summons, order the action to be dismissed or make such 
other order as it thinks fit.

(3)	A summons under paragraph (2) shall be supported by an 
affidavit verifying the facts on which the application is based and 
stating that the defendant intends to contest the proceedings and a copy 
of the affidavit must be served with the summons.

(4)	Where the plaintiff serves the writ in compliance with a notice 
under paragraph (1) or with an order under paragraph (2) the defendant 
must acknowledge service within the time limited for so doing.

9.	Acknowledgment of service of originating 
	summons (O. 12, r. 9)


(1)	Each defendant named in and served with an originating summons 

        (other than an ex parte originating summons or an originating summons 
under Order 113) must acknowledge service of the summons as if it were a 
writ.

(3)	The foregoing rules of this Order shall apply in relation to an 
originating summons (other than an ex parte originating summons or an 
originating summons under Order 113) as they apply to a writ except that 
after the word "extended" wherever it occurs in rule 5(a), there shall be 
inserted the words "or abridged" and for the reference in rule 5(b) to 
Order 11, rules 1(3) and 4(4), there shall be substituted a reference to 
Order 11, rule 9(6).

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, 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.



THE RULES OF THE DISTRICT COURT - ORDER 13
FAILURE TO GIVE NOTICE OF INTENTION TO DEFEND VerDate:02/04/2009



1.	Claim for liquidated demand (O. 13, r. 1)


(1)	Where a writ is indorsed with a claim against a defendant for a 
liquidated demand only, then, if that defendant fails to give notice of 
intention to defend, the plaintiff may, after the prescribed time, 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 Appendix A, Form 39)

(2)	A claim shall not be prevented from being treated for the 
purposes of this rule as a claim for a liquidated demand by reason only 
that part of the claim is for interest under section 49 of the Ordinance 
at a rate which is not higher than that applicable to judgment debts under 
section 50(1)(b) of the Ordinance at the date of the issue of the writ.

2.	Claim for unliquidated damages (O. 13, r. 2)

Where a writ is indorsed with a claim against a defendant for unliquidated 
damages only, then, if that defendant fails to give notice of intention to 
defend, the plaintiff may, after the prescribed time, enter interlocutory 
judgment against that defendant for damages to be assessed and costs, and 
proceed with the action against the other defendants, if any.  (See 
Appendix A, Form 40)

3.	Claim for detention of goods (O. 13, r. 3)


(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-

        (a)	at his option enter either-

        (i)	interlocutory judgment against that defendant for delivery of 
the goods or their value to be assessed and costs; or

        (ii)	interlocutory judgment for the value of the goods to be 
assessed and costs; or

        (b)	apply by summons for judgment against that defendant for 
delivery of the goods without giving him the alternative of paying their 
assessed value,
and in any case proceed with the action against the other defendants, if 
any.  (See Appendix 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 Appendix 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.

5.	Mixed claims (O. 13, r. 5)

Where a writ issued against any defendant is indorsed with 2 or more of 
the claims mentioned in the foregoing rules, and no other claim, then, if 
that defendant fails to give notice of intention to defend, the plaintiff 
may, after the prescribed time, enter against that defendant such judgment 
in respect of any such claim as he would be entitled to enter under those 
rules if that were the only claim indorsed on the writ and proceed with 
the action against the other defendants, if any.
(L.N. 153 of 2008)

6.	Other claims (O. 13, r. 6)


(1)	Where a writ is indorsed with a claim of a description not 
mentioned in rules 1 to 4, then, if any defendant fails to give notice of 
intention to defend, the plaintiff may, after the prescribed time and, if 
that defendant has not acknowledged service, upon filing an affidavit 
proving due service of the writ on him and, where the statement of claim 
was not indorsed on or served with the writ, upon serving a statement of 
claim on him, proceed with the action as if that defendant had given 
notice of intention to defend.  

(2)	Where a writ issued against a defendant is indorsed as 
aforesaid, but by reason of the defendant's satisfying the claim or 
complying with the demands thereof or any other like reason it has become 
unnecessary for the plaintiff to proceed with the action, then, if the 
defendant fails to give notice of intention to defend, the plaintiff may, 
after the prescribed time, enter judgment against that defendant for costs.

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)


(1)	Judgment shall not be entered against a defendant under this 
Order unless-

        (a)	the defendant has acknowledged service on him of the writ; or

        (b)	an affidavit is filed by or on behalf of the plaintiff proving 
due service of the writ on the defendant; or

        (c)	the plaintiff produces the writ indorsed by the defendant's 
solicitor with a statement that he accepts service of the writ on the 
defendant's behalf.

(2)	Where, in an action begun by writ, an application is made to 
the Court for an order affecting a party who has failed to give notice of 
intention to defend, the Court hearing the application may require to be 
satisfied in such manner as it thinks fit that the party failed to give 
such notice.

(3)	Where, after judgment has been entered under this Order against 
a defendant purporting to have been served by post under Order 10, rule 
1(2)(a), the copy of the writ sent to the defendant is returned to the 
plaintiff through the post undelivered to the addressee, the plaintiff 
shall, before taking any step or further step in the action or the 
enforcement of the judgment, either-

        (a)	make a request for the judgment to be set aside on the ground 
that the writ has not been duly served; or

        (b)	apply to the Court for directions.

(4)	A request under paragraph (3)(a) shall be made by producing to 
an officer of the Registry and leaving with him for filing, an affidavit 
stating the relevant facts, and thereupon the judgment shall be set aside 
and the entry of the judgment and of any proceedings for its enforcement 
made in the book kept in the Registry for that purpose shall be marked 
accordingly.

(5)	An application under paragraph (3)(b) shall be made ex parte by 
affidavit stating the facts on which the application is founded and any 
order or direction sought, and on the application the Court may-

        (a)	set aside the judgment; or

        (b)	direct that, notwithstanding the return of the copy of the 
writ, it shall be treated as having been duly served; or

        (c)	make such other order and give such other direction as the 
circumstances may require.

7A.	Judgment against a State (O. 13, r. 7A)


(1)	Where the defendant is a foreign state, the plaintiff shall not 
be entitled to enter judgment under this Order except with the leave of 
the Court.  (L.N. 217 of 2000)

(2)	An application for leave to enter judgment shall be supported 
by an affidavit-

        (a)	stating the grounds of the application;

        (b)	verifying the facts relied on as excepting the State from 
immunity; and 

        (c)	verifying that the writ has been served by being transmitted to 
the Chief Secretary for Administration and by him to the Office of the 
Commissioner of the Ministry of Foreign Affairs of the People's Republic 
of China in the Hong Kong Special Administrative Region for onward 
transmission to the State concerned, or in such other manner as may have 
been agreed to by the State, and that the time for acknowledging service 
has expired.

(3)	The application may be made ex parte but the Court hearing the 
application may direct a summons to be issued and served on that State, 
for which purpose such a direction shall include leave to serve the 
summons and a copy of the affidavit out of the jurisdiction.

(4)	Unless the Court otherwise directs, an affidavit for the 
purposes of this rule may contain statements of information or belief with 
the sources and grounds thereof, and the grant of leave to enter judgment 
under this Order shall include leave to serve out of the jurisdiction-

        (a)	a copy of the judgment; and

        (b)	a copy of the affidavit, where not already served.

(5)	The procedure for effecting service out of the jurisdiction 
pursuant to leave granted in accordance with this rule shall be the same 
as for the service of the writ under Order 11, rule 7(1), except where the 
State has agreed to some other manner of service.

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.
"the prescribed time" (訂明的時限)


THE RULES OF THE DISTRICT COURT - ORDER 13
FAILURE TO GIVE NOTICE OF INTENTION TO DEFEND VerDate:01/09/2000



1.	Claim for liquidated demand (O. 13, r. 1)


(1)	Where a writ is indorsed with a claim against a defendant for a 
liquidated demand only, then, if that defendant fails to give notice of 
intention to defend, the plaintiff may, after the prescribed time, 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 Appendix A, Form 39)

(2)	A claim shall not be prevented from being treated for the 
purposes of this rule as a claim for a liquidated demand by reason only 
that part of the claim is for interest under section 49 of the Ordinance 
at a rate which is not higher than that applicable to judgment debts under 
section 50(1)(b) of the Ordinance at the date of the issue of the writ.

2.	Claim for unliquidated damages (O. 13, r. 2)

Where a writ is indorsed with a claim against a defendant for unliquidated 
damages only, then, if that defendant fails to give notice of intention to 
defend, the plaintiff may, after the prescribed time, enter interlocutory 
judgment against that defendant for damages to be assessed and costs, and 
proceed with the action against the other defendants, if any.  (See 
Appendix A, Form 40)

3.	Claim for detention of goods (O. 13, r. 3)


(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-

        (a)	at his option enter either-

        (i)	interlocutory judgment against that defendant for delivery of 
the goods or their value to be assessed and costs; or

        (ii)	interlocutory judgment for the value of the goods to be 
assessed and costs; or

        (b)	apply by summons for judgment against that defendant for 
delivery of the goods without giving him the alternative of paying their 
assessed value,
and in any case proceed with the action against the other defendants, if 
any.  (See Appendix 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 Appendix 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.

5.	Mixed claims (O. 13, r. 5)

Where a writ issued against any defendant is indorsed with 1 or more of 
the claims mentioned in the foregoing rules, and no other claim, then, if 
that defendant fails to give notice of intention to defend, the plaintiff 
may, after the prescribed time, enter against that defendant such judgment 
in respect of any such claim as he would be entitled to enter under those 
rules if that were the only claim indorsed on the writ and proceed with 
the action against the other defendants, if any.

6.	Other claims (O. 13, r. 6)


(1)	Where a writ is indorsed with a claim of a description not 
mentioned in rules 1 to 4, then, if any defendant fails to give notice of 
intention to defend, the plaintiff may, after the prescribed time and, if 
that defendant has not acknowledged service, upon filing an affidavit 
proving due service of the writ on him and, where the statement of claim 
was not indorsed on or served with the writ, upon serving a statement of 
claim on him, proceed with the action as if that defendant had given 
notice of intention to defend.  

(2)	Where a writ issued against a defendant is indorsed as 
aforesaid, but by reason of the defendant's satisfying the claim or 
complying with the demands thereof or any other like reason it has become 
unnecessary for the plaintiff to proceed with the action, then, if the 
defendant fails to give notice of intention to defend, the plaintiff may, 
after the prescribed time, enter judgment against that defendant for costs.

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)


(1)	Judgment shall not be entered against a defendant under this 
Order unless-

        (a)	the defendant has acknowledged service on him of the writ; or

        (b)	an affidavit is filed by or on behalf of the plaintiff proving 
due service of the writ on the defendant; or

        (c)	the plaintiff produces the writ indorsed by the defendant's 
solicitor with a statement that he accepts service of the writ on the 
defendant's behalf.

(2)	Where, in an action begun by writ, an application is made to 
the Court for an order affecting a party who has failed to give notice of 
intention to defend, the Court hearing the application may require to be 
satisfied in such manner as it thinks fit that the party failed to give 
such notice.

(3)	Where, after judgment has been entered under this Order against 
a defendant purporting to have been served by post under Order 10, rule 
1(2)(a), the copy of the writ sent to the defendant is returned to the 
plaintiff through the post undelivered to the addressee, the plaintiff 
shall, before taking any step or further step in the action or the 
enforcement of the judgment, either-

        (a)	make a request for the judgment to be set aside on the ground 
that the writ has not been duly served; or

        (b)	apply to the Court for directions.

(4)	A request under paragraph (3)(a) shall be made by producing to 
an officer of the Registry and leaving with him for filing, an affidavit 
stating the relevant facts, and thereupon the judgment shall be set aside 
and the entry of the judgment and of any proceedings for its enforcement 
made in the book kept in the Registry for that purpose shall be marked 
accordingly.

(5)	An application under paragraph (3)(b) shall be made ex parte by 
affidavit stating the facts on which the application is founded and any 
order or direction sought, and on the application the Court may-

        (a)	set aside the judgment; or

        (b)	direct that, notwithstanding the return of the copy of the 
writ, it shall be treated as having been duly served; or

        (c)	make such other order and give such other direction as the 
circumstances may require.

7A.	Judgment against a State (O. 13, r. 7A)


(1)	Where the defendant is a foreign state, the plaintiff shall not 
be entitled to enter judgment under this Order except with the leave of 
the Court.  (L.N. 217 of 2000)

(2)	An application for leave to enter judgment shall be supported 
by an affidavit-

        (a)	stating the grounds of the application;

        (b)	verifying the facts relied on as excepting the State from 
immunity; and 

        (c)	verifying that the writ has been served by being transmitted to 
the Chief Secretary for Administration and by him to the Office of the 
Commissioner of the Ministry of Foreign Affairs of the People's Republic 
of China in the Hong Kong Special Administrative Region for onward 
transmission to the State concerned, or in such other manner as may have 
been agreed to by the State, and that the time for acknowledging service 
has expired.

(3)	The application may be made ex parte but the Court hearing the 
application may direct a summons to be issued and served on that State, 
for which purpose such a direction shall include leave to serve the 
summons and a copy of the affidavit out of the jurisdiction.

(4)	Unless the Court otherwise directs, an affidavit for the 
purposes of this rule may contain statements of information or belief with 
the sources and grounds thereof, and the grant of leave to enter judgment 
under this Order shall include leave to serve out of the jurisdiction-

        (a)	a copy of the judgment; and

        (b)	a copy of the affidavit, where not already served.

(5)	The procedure for effecting service out of the jurisdiction 
pursuant to leave granted in accordance with this rule shall be the same 
as for the service of the writ under Order 11, rule 7(1), except where the 
State has agreed to some other manner of service.

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.
"the prescribed time" (訂明的時限)


THE RULES OF THE DISTRICT COURT - ORDER 13A
ADMISSIONS IN CLAIMS FOR PAYMENT OF MONEY VerDate:02/04/2009



1.	Interpretation (O. 13A, r. 1)


(1)	In this Order-
"claim" (申索) means-

        (a)	where in an action the plaintiff makes only one claim, that 
claim; and

        (b)	where in an action the plaintiff makes more than one claim, all 
the claims in the action.

(2)	For the purposes of rules 6(1)(b) and 7(1)(b), the amount of a 
claim is treated as unliquidated if the claim consists of a claim for a 
liquidated amount of money and a claim for an unliquidated amount of money.

2.	Making an admission (O. 13A, r. 2)


(1)	Where the only remedy that a plaintiff is seeking is the 
payment of money, the defendant may make an admission in accordance with-

        (a)	rule 4 (admission of whole of claim for liquidated amount of 
money);

        (b)	rule 5 (admission of part of claim for liquidated amount of 
money);

        (c)	rule 6 (admission of liability to pay whole of claim for 
unliquidated amount of money); or

        (d)	rule 7 (admission of liability to pay claim for unliquidated 
amount of money where defendant offers a sum in satisfaction of the claim).

(2)	Where the defendant makes an admission as mentioned in 
paragraph (1), the plaintiff may enter judgment except where-

        (a)	the defendant is a person under disability; or

        (b)	the plaintiff is a person under disability and the admission is 
made under rule 5 or 7.

(3)	The Court may allow a party to amend or withdraw an admission 
if the Court considers it just to do so having regard to all the 
circumstances of the case.

(4)	In this rule, "person under disability" (無行為能力的人) has the 
meaning assigned to it in Order 80, rule 1.

3.	Period for making admission
	(O. 13A, r. 3)


(1)	The period for filing and serving an admission under rule 4, 5, 
6 or 7 is-

        (a)	where the defendant is served with a writ, the period fixed by 
or under these Rules for service of his defence;

        (b)	where the defendant is served with an originating summons, the 
period fixed by or under these Rules for filing of his affidavit evidence; 
and

        (c)	in any other case, 14 days after service of the originating 
process.

(2)	A defendant may file an admission under rule 4, 5, 6 or 7-

        (a)	after the expiry of the period for filing it specified in 
paragraph (1)(a) if the plaintiff has not obtained a default judgment 
under Order 13 or 19; and

        (b)	after the expiry of the period for filing it specified in 
paragraph (1)(b) if the admission is filed and served before the date or 
the period fixed under Order 28, rule 2 for the hearing of the originating 
summons.

(3)	If the defendant files an admission under paragraph (2), this 
Order applies as if he had made the admission specified in paragraph 

(1)(a) or (b), as the case may be.

4.	Admission of whole of claim for
	liquidated amount of money
	(O. 13A, r. 4)


(1)	This rule applies where-

        (a)	the only remedy that the plaintiff is seeking is the payment of 
a liquidated amount of money; and

        (b)	the defendant admits the whole of the claim.

(2)	The defendant may admit the claim by-

        (a)	filing in the Registry an admission in Form No. 16 in Appendix 
A; and

        (b)	serving a copy of the admission on the plaintiff.

(3)	The plaintiff may obtain judgment by filing in the Registry a 
request in Form No. 16A in Appendix A and, if he does so-

        (a)	where the defendant has not requested time to pay, paragraphs 

(5), (6) and (7) apply;

        (b)	where the defendant has requested time to pay, rule 9 applies.

(4)	If the plaintiff does not file a request for judgment within 14 
days after the copy of the admission is served on him, the claim is stayed 
until he files the request.

(5)	The plaintiff may specify in his request for judgment-

        (a)	the date by which the whole of the judgment debt is to be paid; 
or

        (b)	the times and rate at which it is to be paid by instalments.

(6)	Upon receipt of the request for judgment, the Court shall enter 
judgment.

(7)	Judgment shall be for the amount of the claim (less any 
payments made) and costs to be paid-

        (a)	by the date or at the times and rate specified in the request 
for judgment; or

        (b)	if none is specified, immediately.

5.	Admission of part of claim for
	liquidated amount of money
	(O. 13A, r. 5)


(1)	This rule applies where-

        (a)	the only remedy that the plaintiff is seeking is the payment of 
a liquidated amount of money; and

        (b)	the defendant admits part of the claim in satisfaction of the 
whole claim.

(2)	The defendant may admit part of the claim by-

        (a)	filing in the Registry an admission in Form No. 16 in Appendix 
A; and

        (b)	serving a copy of the admission on the plaintiff.

(3)	Within 14 days after the copy of the admission is served on 
him, the plaintiff shall-

        (a)	file in the Registry a notice in Form No. 16B in Appendix A, 
stating that-

        (i)	he accepts the amount admitted in satisfaction of the whole 
claim;

        (ii)	he does not accept the amount admitted by the defendant and 
wishes the proceedings to continue; or

        (iii)	if the defendant has requested time to pay, he accepts the 
amount admitted in satisfaction of the whole claim, but not the 
defendant's proposals as to payment; and

        (b)	serve a copy of the notice on the defendant.

(4)	If the plaintiff does not file the notice in accordance with 
paragraph (3), the whole claim is stayed until he files the notice.

(5)	If the plaintiff accepts the amount admitted in satisfaction of 
the whole claim, he may obtain judgment by filing in the Registry a 
request in Form No. 16B in Appendix A and, if he does so-

        (a)	where the defendant has not requested time to pay, paragraphs 

(6), (7) and (8) apply;

        (b)	where the defendant has requested time to pay, rule 9 applies.

(6)	The plaintiff may specify in his request for judgment-

        (a)	the date by which the whole of the judgment debt is to be paid; 
or

        (b)	the times and rate at which it is to be paid by instalments.

(7)	Upon receipt of the request for judgment, the Court shall enter 
judgment.

(8)	Judgment shall be for the amount admitted (less any payments 
made) and costs to be paid-

        (a)	by the date or at the times and rate specified in the request 
for judgment; or

        (b)	if none is specified, immediately.

6.	Admission of liability to pay
	whole of claim for unliquidated
	amount of money (O. 13A, r. 6)


(1)	This rule applies where-

        (a)	the only remedy that the plaintiff is seeking is the payment of 
money;

        (b)	the amount of the claim is unliquidated; and

        (c)	the defendant admits liability but does not offer to pay a 
liquidated amount of money in satisfaction of the claim.

(2)	The defendant may admit the claim by-

        (a)	filing in the Registry an admission in Form No. 16C in Appendix 
A; and

        (b)	serving a copy of the admission on the plaintiff.

(3)	The plaintiff may obtain judgment by filing in the Registry a 
request in Form No. 16D in Appendix A.

(4)	If the plaintiff does not file a request for judgment within 14 
days after the copy of the admission is served on him, the claim is stayed 
until he files the request.

(5)	Upon receipt of the request for judgment, the Court shall enter 
judgment.

(6)	Judgment shall be for an amount to be decided by the Court and 
costs.

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)


(1)	This rule applies where-

        (a)	the only remedy that the plaintiff is seeking is the payment of 
money;

        (b)	the amount of the claim is unliquidated; and

        (c)	the defendant-

        (i)	admits liability; and

        (ii)	offers to pay a liquidated amount of money in satisfaction of 
the claim.

(2)	The defendant may admit the claim by-

        (a)	filing in the Registry an admission in Form No. 16C in Appendix 
A; and

        (b)	serving a copy of the admission on the plaintiff.

(3)	Within 14 days after the copy of the admission is served on 
him, the plaintiff shall-

        (a)	file in the Registry a notice in Form No. 16E in Appendix A, 
stating whether or not he accepts the amount in satisfaction of the claim; 
and

        (b)	serve a copy of the notice on the defendant.

(4)	If the plaintiff does not file the notice in accordance with 
paragraph (3), the claim is stayed until he files the notice.

(5)	If the plaintiff accepts the offer he may obtain judgment by 
filing in the Registry a request in Form No. 16E in Appendix A and if he 
does so-

        (a)	where the defendant has not requested time to pay, paragraphs 

(6), (7) and (8) apply;

        (b)	where the defendant has requested time to pay, rule 9 applies.

(6)	The plaintiff may specify in his request for judgment-

        (a)	the date by which the whole of the judgment debt is to be paid; 
or

        (b)	the times and rate at which it is to be paid by instalments.

(7)	Upon receipt of the request for judgment, the Court shall enter 
judgment.

(8)	Judgment shall be for the amount offered by the defendant (less 
any payments made) and costs to be paid-

        (a)	by the date or at the times and rate specified in the request 
for judgment; or

        (b)	if none is specified, immediately.

(9)	If the plaintiff does not accept the amount offered by the 
defendant, he may obtain judgment by filing in the Registry a request in 
Form No. 16E in Appendix A.

(10)	Judgment under paragraph (9) shall be for an amount to be 
decided by the Court and costs.

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)


(1)	A defendant who makes an admission under rule 4, 5 or 7 may 
make a request for time to pay.

(2)	A request for time to pay is a proposal about the date of 
payment or a proposal to pay by instalments at the times and rate 
specified in the request.

(3)	The defendant's request for time to pay must be filed with his 
admission.

(4)	If the plaintiff accepts the defendant's request for time to 
pay, he may obtain judgment by filing in the Registry a request for 
judgment in Form No. 16A, 16B or 16E (as the case may be) in Appendix A.

(5)	Upon receipt of the request for judgment, the Court shall enter 
judgment.

(6)	Judgment shall be-

        (a)	where rule 4 applies, for the amount of the claim (less any 
payments made) and costs;

        (b)	where rule 5 applies, for the amount admitted (less any 
payments made) and costs; or

        (c)	where rule 7 applies, for the amount offered by the defendant 

        (less any payments made) and costs,
and (in all cases) shall be for payment by the date or at the times and 
rate specified in the defendant's request for time to pay.

(7)	Where judgment is for payment by instalments at the times and 
rate specified in the defendant's request for time to pay, then unless the 
Court otherwise orders and subject to paragraph (8), execution of the 
judgment is stayed pending payment.

(8)	If the defendant fails to pay an instalment or part of an 
instalment in accordance with the judgment, the stay of execution pursuant 
to paragraph (7) immediately ceases and the plaintiff may enforce the 
payment of the whole amount adjudged to be paid or the whole of any unpaid 
balance.

10.	Determination of rate of payment
	by Court (O. 13A, r. 10)


(1)	This rule applies where the defendant makes a request for time 
to pay under rule 9.

(2)	If the plaintiff does not accept the defendant's proposal for 
payment, he shall file in the Registry a notice in Form No. 16A, 16B or 
16E (as the case may be) in Appendix A.

(3)	When the Court receives the plaintiff's notice, it shall enter 
judgment for the amount admitted (less any payments made) to be paid by 
the date or at the times and rate of payment determined by the Court.

(4)	Where the Court is to determine the date or the times and rate 
of payment, it-

        (a)	may do so without a hearing; but

        (b)	shall consider-

        (i)	the information set out in the defendant's admission filed in 
the Registry;

        (ii)	the reasons why the plaintiff does not accept the defendant's 
proposal for payment; and

        (iii)	all other relevant matters.

(5)	If there is to be a hearing to determine the date or the times 
and rate of payment, the Court shall give each party at least 7 days' 
notice of the hearing.

11.	Right of re-determination
	(O. 13A, r. 11)


(1)	Where the Court has determined the date or the times and rate 
of payment under rule 10(4) without a hearing, either party may apply for 
the decision to be re-determined by the Court.

(2)	An application for re-determination must be made within 14 days 
after the applicant is served with notice of the determination.

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-

        (a)	the plaintiff is seeking interest and he has stated in the 
endorsement of the writ or the statement of claim or the originating 
summons that he is doing so-

        (i)	under the terms of a contract;

        (ii)	under a specified enactment; or

        (iii)	on some other specified basis;

        (b)	where interest is claimed under section 49 of the Ordinance, 
the rate is no higher than the rate of interest payable on judgment debts 
at the date when the writ or the originating summons was issued; and

        (c)	the plaintiff's request for judgment includes a calculation of 
the interest claimed for the period from the 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)


(1)	This rule applies where the only remedy that the plaintiff is 
seeking is the payment of money, whether or not the amount is liquidated.

(2)	Where a writ of summons, an originating summons or any other 
originating process is served on a defendant, it must be accompanied by-

        (a)	if the amount of money which the plaintiff is seeking is 
liquidated, a copy of Form No. 16 in Appendix A for admitting the claim; 
and

        (b)	if the amount of money which the plaintiff is seeking is 
unliquidated, a copy of Form No. 16C in Appendix A for admitting the claim.

14.	Application
	(O. 13A, r. 14)


(1)	This Order (other than rule 13) applies in relation to a writ 
of summons, an originating summons or any other originating process served 
before the commencement* of this Order if-

        (a)	in the case of a writ of summons, the plaintiff has not 
obtained a default judgment under Order 13 or 19;

        (b)	in the case of an originating summons, the admission is filed 
and served before the date or the period fixed under Order 28, rule 2; and

        (c)	in the case of any other originating process, the period 
specified in rule 3(1)(c) for filing and serving an admission under rule 
4, 5, 6 or 7 has not expired.

(2)	This Order applies in relation to a counterclaim with the 
necessary modifications as if-

        (a)	a reference to a claim or statement of claim were a reference 
to a counterclaim;

        (b)	a reference to a plaintiff were a reference to the party making 
the counterclaim; and

        (c)	a reference to a defendant were a reference to the defendant to 
the counterclaim.

(3)	Where a defendant has made a claim against a person not already 
a party to the action under Order 16, rule 1 or 8, this Order applies in 
relation to that claim and any other claim made under Order 16, rule 9 
with the necessary modifications as if-

        (a)	a reference to a plaintiff were a reference to the person who 
makes the claim; and

        (b)	a reference to a defendant were a reference to the person 
against whom the claim is made.
(L.N. 153 of 2008)
___________________________________________________________________________
______________
Note:
*	Commencement day: 2 April 2009.
"claim" (申索)
"person under disability" (無行為能力的人)


THE RULES OF THE DISTRICT COURT - ORDER 14
SUMMARY JUDGMENT VerDate:02/04/2009



1.	Application by plaintiff for summary judgment
	(O. 14, r. 1)


(1)	Where in an action to which this rule applies a statement of 
claim has been served on a defendant and that defendant has given notice 
of intention to defend the action, the plaintiff may, on the ground that 
that defendant has no defence to a claim included in the writ, or to a 
particular part of such a claim, or has no defence to such a claim or part 
except as to the amount of any damages claimed, apply to the Court for 
judgment against that defendant.

(2)	Subject to paragraph (3), this rule applies to every action 
begun by writ other than-

        (a)	an action which includes a claim by the plaintiff for libel, 
slander, malicious prosecution, false imprisonment or seduction; or

        (b)	an action which includes a claim by the plaintiff based on an 
allegation of fraud.

(3)	This Order shall not apply to an action to which Order 86 or 88 
applies.

2.	Manner in which application under rule 1 
	must be made (O. 14, r. 2)


(1)	An application under rule 1 must be made by summons supported 
by an affidavit verifying the facts on which the claim, or the part of a 
claim, to which the application relates is based and stating that in the 
deponent's belief there is no defence to that claim or part, as the case 
may be, or no defence except as to the amount of any damages claimed.

(2)	Unless the Court otherwise directs, an affidavit for the 
purposes of this rule may contain statements of information or belief with 
the sources and grounds thereof.

(3)	The summons, a copy of the affidavit in support and of any 
exhibits referred to therein must be served on the defendant not less than 
10 clear days before the return day.

3.	Judgment for plaintiff (O. 14, r. 3)


(1)	Unless on the hearing of an application under rule 1 either the 
Court dismisses the application or the defendant satisfies the Court with 
respect to the claim, or the part of a claim, to which the application 
relates that there is an issue or question in dispute which ought to be 
tried or that there ought for some other reason to be a trial of that 
claim or part, the Court may give such judgment for the plaintiff against 
that defendant on that claim or part as may be just having regard to the 
nature of the remedy or relief claimed.  (See Appendix A, Form 44)

(2)	The Court may by order, and subject to such conditions, if any, 
as may be just, stay execution of any judgment given against a defendant 
under this rule until after the trial of any counterclaim made or raised 
by the defendant in the action.

4.	Leave to defend (O. 14, r. 4)


(1)	A defendant may show cause against an application under rule 1 
by affidavit or otherwise to the satisfaction of the Court.

(2)	Rule 2(2) applies for the purposes of this rule as it applies 
for the purposes of that rule.

(3)	The Court may give a defendant against whom such an application 
is made leave to defend the action with respect to the claim, or the part 
of a claim, to which the application relates either unconditionally or on 
such terms as to giving security or time or mode of trial or otherwise as 
it thinks fit.

(4)	On the hearing of such an application the Court may order a 
defendant showing cause or, where that defendant is a body corporate, any 
director, manager, secretary or other similar officer thereof, or any 
person purporting to act in any such capacity-

        (a)	to produce any document;

        (b)	if it appears to the Court that there are special circumstances 
which make it desirable that he should do so, to attend and be examined on 
oath.

5.	Application for summary judgment on 
	counterclaim (O. 14, r. 5)


(1)	Where a defendant to an action begun by writ has served a 
counterclaim on the plaintiff, then, subject to paragraph (3), the 
defendant may, on the ground that the plaintiff has no defence to a claim 
made in the counterclaim, or to a particular part of such a claim, apply 
to the Court for judgment against the plaintiff on that claim or part.

(2)	Rules 2, 3 and 4 shall apply in relation to an application 
under this rule as they apply in relation to an application under rule 1 
but with the following modifications, that is to say-

        (a)	references to the plaintiff and defendant shall be construed as 
references to the defendant and plaintiff respectively;

        (b)	the words in rule 3(2) "any counterclaim made or raised by the 
defendant in" shall be omitted; and

        (c)	the reference in rule 4(3) to the action shall be construed as 
a reference to the counterclaim to which the application under this rule 
relates.

(3)	This rule shall not apply to a counterclaim which includes any 
such claim as is referred to in rule 1(2).

6.	Directions (O. 14, r. 6)


(1)	Where the Court-

        (a)	orders that a defendant or a plaintiff have leave (whether 
conditional or unconditional) to defend an action or counterclaim, as the 
case may be, with respect to a claim or a part of a claim; or

        (b)	gives judgment for a plaintiff or a defendant on a claim or 
part of a claim but also orders that execution 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 5 to 10, with the omission of so much of rule 10(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. 
153 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)


(1)	If the plaintiff makes an application under rule 1 where the 
case is not within this Order or if it appears to the Court that the 
plaintiff knew that the defendant relied on a contention which would 
entitle him to unconditional leave to defend, then, without prejudice to 
Order 62 and in particular to rule 4(1) thereof, the Court may dismiss the 
application with costs and may require the costs to be paid by him 
forthwith.

(2)	The Court shall have the same power to dismiss an application 
under rule 5 as it has under paragraph (1) to dismiss an application under 
rule 1, and that paragraph shall apply accordingly with the necessary 
modifications.

8.	Right to proceed with residue of action
	or counterclaim (O. 14, r. 8)


(1)	Where on an application under rule 1 the plaintiff obtains 
judgment on a claim or a part of a claim against any defendant, he may 
proceed with the action as respects any other claim or as respects the 
remainder of the claim or against any other defendant.

(2)	Where on an application under rule 5 a defendant obtains 
judgment on a claim or a part of a claim made in a counterclaim against 
the plaintiff, he may proceed with the counterclaim as respects any other 
claim or as respects the remainder of the claim or against any other 
defendant to the counterclaim.

9.	Judgment for delivery up of chattel (O. 14, r. 9)

Where the claim to which an application under rule 1 or 5 relates is for 
the delivery up of a specific chattel and the Court gives judgment under 
this Order for the applicant, it shall have the same power to order the 
party against whom judgment is given to deliver up the chattel without 
giving him an option to retain it on paying the assessed value thereof as 
if the judgment had been given after trial.

10.	Relief against forfeiture (O. 14, r. 10)

A tenant shall have the same right to apply for relief after judgment for 
possession of land on the ground of forfeiture for non-payment of rent has 
been given under this Order as if the judgment had been given after trial.

11.	Setting aside judgment (O. 14, r. 11)

Any judgment given against a party who does not appear at the hearing of 
an application under rule 1 or 5 may be set aside or varied by the Court 
on such terms as it thinks just.



THE RULES OF THE DISTRICT COURT - ORDER 14
SUMMARY JUDGMENT VerDate:01/09/2000



1.	Application by plaintiff for summary judgment 
	(O. 14, r. 1)


(1)	Where in an action to which this rule applies a statement of 
claim has been served on a defendant and that defendant has given notice 
of intention to defend the action, the plaintiff may, on the ground that 
that defendant has no defence to a claim included in the writ, or to a 
particular part of such a claim, or has no defence to such a claim or part 
except as to the amount of any damages claimed, apply to the Court for 
judgment against that defendant.

(2)	Subject to paragraph (3), this rule applies to every action 
begun by writ other than-

        (a)	an action which includes a claim by the plaintiff for libel, 
slander, malicious prosecution, false imprisonment or seduction; or

        (b)	an action which includes a claim by the plaintiff based on an 
allegation of fraud.

(3)	This Order shall not apply to an action to which Order 86 or 88 
applies.

2.	Manner in which application under rule 1 
	must be made (O. 14, r. 2)


(1)	An application under rule 1 must be made by summons supported 
by an affidavit verifying the facts on which the claim, or the part of a 
claim, to which the application relates is based and stating that in the 
deponent's belief there is no defence to that claim or part, as the case 
may be, or no defence except as to the amount of any damages claimed.

(2)	Unless the Court otherwise directs, an affidavit for the 
purposes of this rule may contain statements of information or belief with 
the sources and grounds thereof.

(3)	The summons, a copy of the affidavit in support and of any 
exhibits referred to therein must be served on the defendant not less than 
10 clear days before the return day.

3.	Judgment for plaintiff (O. 14, r. 3)


(1)	Unless on the hearing of an application under rule 1 either the 
Court dismisses the application or the defendant satisfies the Court with 
respect to the claim, or the part of a claim, to which the application 
relates that there is an issue or question in dispute which ought to be 
tried or that there ought for some other reason to be a trial of that 
claim or part, the Court may give such judgment for the plaintiff against 
that defendant on that claim or part as may be just having regard to the 
nature of the remedy or relief claimed.  (See Appendix A, Form 44)

(2)	The Court may by order, and subject to such conditions, if any, 
as may be just, stay execution of any judgment given against a defendant 
under this rule until after the trial of any counterclaim made or raised 
by the defendant in the action.

4.	Leave to defend (O. 14, r. 4)


(1)	A defendant may show cause against an application under rule 1 
by affidavit or otherwise to the satisfaction of the Court.

(2)	Rule 2(2) applies for the purposes of this rule as it applies 
for the purposes of that rule.

(3)	The Court may give a defendant against whom such an application 
is made leave to defend the action with respect to the claim, or the part 
of a claim, to which the application relates either unconditionally or on 
such terms as to giving security or time or mode of trial or otherwise as 
it thinks fit.

(4)	On the hearing of such an application the Court may order a 
defendant showing cause or, where that defendant is a body corporate, any 
director, manager, secretary or other similar officer thereof, or any 
person purporting to act in any such capacity-

        (a)	to produce any document;

        (b)	if it appears to the Court that there are special circumstances 
which make it desirable that he should do so, to attend and be examined on 
oath.

5.	Application for summary judgment on 
	counterclaim (O. 14, r. 5)


(1)	Where a defendant to an action begun by writ has served a 
counterclaim on the plaintiff, then, subject to paragraph (3), the 
defendant may, on the ground that the plaintiff has no defence to a claim 
made in the counterclaim, or to a particular part of such a claim, apply 
to the Court for judgment against the plaintiff on that claim or part.

(2)	Rules 2, 3 and 4 shall apply in relation to an application 
under this rule as they apply in relation to an application under rule 1 
but with the following modifications, that is to say-

        (a)	references to the plaintiff and defendant shall be construed as 
references to the defendant and plaintiff respectively;

        (b)	the words in rule 3(2) "any counterclaim made or raised by the 
defendant in" shall be omitted; and

        (c)	the reference in rule 4(3) to the action shall be construed as 
a reference to the counterclaim to which the application under this rule 
relates.

(3)	This rule shall not apply to a counterclaim which includes any 
such claim as is referred to in rule 1(2).

6.	Directions (O. 14, r. 6)


(1)	Where the Court-

        (a)	orders that a defendant or a plaintiff have leave (whether 
conditional or unconditional) to defend an action or counterclaim, as the 
case may be, with respect to a claim or a part of a claim; or

        (b)	gives judgment for a plaintiff or a defendant on a claim or 
part of a claim but also orders that execution 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 23A, rules 9 to 13, shall apply as if the Court were conducting 
a directions hearing under that Order.  

(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)


(1)	If the plaintiff makes an application under rule 1 where the 
case is not within this Order or if it appears to the Court that the 
plaintiff knew that the defendant relied on a contention which would 
entitle him to unconditional leave to defend, then, without prejudice to 
Order 62 and in particular to rule 4(1) thereof, the Court may dismiss the 
application with costs and may require the costs to be paid by him 
forthwith.

(2)	The Court shall have the same power to dismiss an application 
under rule 5 as it has under paragraph (1) to dismiss an application under 
rule 1, and that paragraph shall apply accordingly with the necessary 
modifications.

8.	Right to proceed with residue of action 
	or counterclaim (O. 14, r. 8)


(1)	Where on an application under rule 1 the plaintiff obtains 
judgment on a claim or a part of a claim against any defendant, he may 
proceed with the action as respects any other claim or as respects the 
remainder of the claim or against any other defendant.

(2)	Where on an application under rule 5 a defendant obtains 
judgment on a claim or a part of a claim made in a counterclaim against 
the plaintiff, he may proceed with the counterclaim as respects any other 
claim or as respects the remainder of the claim or against any other 
defendant to the counterclaim.

9.	Judgment for delivery up of chattel (O. 14, r. 9)

Where the claim to which an application under rule 1 or 5 relates is for 
the delivery up of a specific chattel and the Court gives judgment under 
this Order for the applicant, it shall have the same power to order the 
party against whom judgment is given to deliver up the chattel without 
giving him an option to retain it on paying the assessed value thereof as 
if the judgment had been given after trial.

10.	Relief against forfeiture (O. 14, r. 10)

A tenant shall have the same right to apply for relief after judgment for 
possession of land on the ground of forfeiture for non-payment of rent has 
been given under this Order as if the judgment had been given after trial.

11.	Setting aside judgment (O. 14, r. 11)

Any judgment given against a party who does not appear at the hearing of 
an application under rule 1 or 5 may be set aside or varied by the Court 
on such terms as it thinks just.



THE RULES OF THE DISTRICT COURT - ORDER 14A
DISPOSAL OF CASE ON POINT OF LAW VerDate:01/09/2000



1.	Determination of questions of law or 
	construction (O. 14A, r. 1)


(1)	The Court may upon the application of a party or of its own 
motion determine any question of law or construction of any document 
arising in any cause or matter at any stage of the proceedings where it 
appears to the Court that-

        (a)	such question is suitable for determination without a full 
trial of the action; and

        (b)	such determination will finally determine (subject only to any 
possible appeal) the entire cause or matter or any claim or issue therein.

(2)	Upon such determination the Court may dismiss the cause or 
matter or make such order or judgment as it thinks just.

(3)	The Court shall not determine any question under this Order 
unless the parties have either-

        (a)	had an opportunity of being heard on the question; or

        (b)	consented to an order or judgment on such determination.

(4)	The jurisdiction of the Court under this Order may be exercised 
by a master.

(5)	Nothing in this Order shall limit the powers of the Court under 
Order 18, rule 19 or any other provision of these Rules.

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.



THE RULES OF THE DISTRICT COURT - ORDER 15
CAUSES OF ACTION, COUNTERCLAIMS AND PARTIES VerDate:01/09/2000



1.	Joinder of causes of action (O. 15, r. 1)


(1)	Subject to rule 5(1), a plaintiff may in one action claim 
relief against the same defendant in respect of more than one cause of 
action-

        (a)	if the plaintiff claims, and the defendant is alleged to be 
liable, in the same capacity in respect of all the causes of action; or

        (b)	if the plaintiff claims or the defendant is alleged to be 
liable in the capacity of executor or administrator of an estate in 
respect of one or more of the causes of action and in his personal 
capacity but with reference to the same estate in respect of all the 
others; or

        (c)	with the leave of the Court.

(2)	An application for leave under this rule must be made ex parte 
by affidavit before the issue of the writ or originating summons, as the 
case may be, and the affidavit must state the grounds of the application.

2.	Counterclaim against plaintiff (O. 15, r. 2)


(1)	Subject to rule 5(2), a defendant in any action who alleges 
that he has any claim or is entitled to any relief or remedy against a 
plaintiff in the action in respect of any matter (whenever and however 
arising) may, instead of bringing a separate action, make a counterclaim 
in respect of that matter; and where he does so he must add the 
counterclaim to his defence.

(2)	Rule 1 shall apply in relation to a counterclaim as if the 
counterclaim were a separate action and as if the person making the 
counterclaim were the plaintiff and the person against whom it is made a 
defendant.

(3)	A counterclaim may be proceeded with notwithstanding that 
judgment is given for the plaintiff in the action or that the action is 
stayed, discontinued or dismissed.

(4)	Where a defendant establishes a counterclaim against the claim 
of the plaintiff and there is a balance in favour of one of the parties, 
the Court may give judgment for the balance, so, however, that this 
provision shall not be taken as affecting the Court's discretion with 
respect to costs.

3.	Counterclaim against additional parties (O. 15, r. 3)


(1)	Where a defendant in an action who makes a counterclaim against 
the plaintiff alleges that any other person (whether or not a party to the 
action) is liable to him along with the plaintiff in respect of the 
subject-matter of the counterclaim, or claims against such other person 
any relief relating to or connected with the original subject-matter of 
the action, then, subject to rule 5(2), he may join that other person as a 
party against whom the counterclaim is made.

(2)	Where a defendant joins a person as a party against whom he 
makes a counterclaim, he must add that person's name to the title of the 
action and serve on him a copy of the counterclaim and, in the case of a 
person who is not already a party to the action, the defendant must issue 
the counterclaim out of the Registry and serve on the person concerned a 
sealed copy of the counterclaim together with a form of acknowledgment of 
service in Form No. 14 in Appendix A (with such modifications as the 
circumstances may require) and a copy of the writ or originating summons 
by which the action was begun and of all other pleadings served in the 
action; and a person on whom a copy of a counterclaim is served under this 
paragraph shall, if he is not already a party to the action, become a 
party to it as from the time of service with the same rights in respect of 
his defence to the counterclaim and otherwise as if he had been duly sued 
in the ordinary way by the party making the counterclaim.

(3)	A defendant who is required by paragraph (2) to serve a copy of 
the counterclaim made by him on any person who before service is already a 
party to the action must do so within the period within which, by virtue 
of Order 18, rule 2, he must serve on the plaintiff the defence to which 
the counterclaim is added.

(4)	The appropriate office for issuing and acknowledging service of 
a counterclaim against a person who is not already a party to the action 
is the Registry.

(5)	Where by virtue of paragraph (2) a copy of a counterclaim is 
required to be served on a person who is not already a party to the 
action, the following provisions of these Rules, namely, Order 6, rule 
7(3) and (5) and Orders 10, 11, 12 and 13 shall, subject to paragraph (4), 
apply in relation to the counterclaim and the proceedings arising from it 
as if-

        (a)	the counterclaim were a writ and the proceedings arising from 
it in an action; and

        (b)	the party making the counterclaim were a plaintiff and the 
party against whom it is made a defendant in that action.

(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 
from it as if the party against whom the counterclaim is made were the 
plaintiff in the action.

(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.

4.	Joinder of parties (O. 15, r. 4)


(1)	Subject to rule 5(1), 2 or more persons may be joined together 
in one action as plaintiffs or as defendants with the leave of the Court 
or where-

        (a)	if separate actions were brought by or against each of them, as 
the case may be, some common question of law or fact would arise in all 
the actions; and

        (b)	all rights to relief claimed in the action (whether they are 
joint, several or alternative) are in respect of or arise out of the same 
transaction or series of transactions.

(2)	Where the plaintiff in any action claims any relief to which 
any other person is entitled jointly with him, all persons so entitled 
must, subject to the provisions of any written law and unless the Court 
gives leave to the contrary, be parties to the action and any of them who 
does not consent to being joined as a plaintiff must, subject to any order 
made by the Court on an application for leave under this paragraph, be 
made a defendant.

(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)


(1)	If claims in respect of 2 or more causes of action are included 
by a plaintiff in the same action or by a defendant in a counterclaim, or 
if 2 or more plaintiffs or defendants are parties to the same action, and 
it appears to the Court that the joinder of causes of action or of 
parties, as the case may be, may embarrass or delay the trial or is 
otherwise inconvenient, the Court may order separate trials or make such 
other order as may be expedient.

(2)	If it appears on the application of any party against whom a 
counterclaim is made that the subject-matter of the counterclaim ought for 
any reason to be disposed of by a separate action, the Court may order the 
counterclaim to be struck out or may order it to be tried separately or 
make such other order as may be expedient.

6.	Misjoinder and nonjoinder of parties (O. 15, r. 6)


(1)	No cause or matter shall be defeated by reason of the 
misjoinder or nonjoinder of any party; and the Court may in any cause or 
matter determine the issues or questions in dispute so far as they affect 
the rights and interests of the persons who are parties to the cause or 
matter.

(2)	Subject to this rule, at any stage of the proceedings in any 
cause or matter the Court may on such terms as it thinks just and either 
of its own motion or on application-

        (a)	order any person who has been improperly or unnecessarily made 
a party or who has for any reason ceased to be a proper or necessary 
party, to cease to be a party;

        (b)	order any of the following persons to be added as a party, 
namely-

        (i)	any person who ought to have been joined as a party or whose 
presence before the Court is necessary to ensure that all matters in 
dispute in the cause or matter may be effectually and completely 
determined and adjudicated upon; or

        (ii)	any person between whom and any party to the cause or matter 
there may exist a question or issue arising out of or relating to or 
connected with any relief or remedy claimed in the cause or matter which 
in the opinion of the Court it would be just and convenient to determine 
as between him and that party as well as between the parties to the cause 
or matter.

(3)	An application by any person for an order under paragraph (2) 
adding him as a party must, except with the leave of the Court, be 
supported by an affidavit showing his interest in the matters in dispute 
in the cause or matter or, as the case may be, the question or issue to be 
determined as between him and any party to the cause or matter.

(4)	No person shall be added as a plaintiff without his consent 
signified in writing or in such other manner as may be authorized.

(5)	No person shall be added or substituted as a party after the 
expiry of any relevant period of limitation unless either-

        (a)	the relevant period was current at the date when proceedings 
were commenced and it is necessary for the determination of the action 
that the new party should be added, or substituted; or

        (b)	the relevant period arises under the provisions of section 27 
or 28 of the Limitation Ordinance (Cap 347) and the Court directs that 
those provisions should not apply to the action by or against the new 
party.
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-

        (a)	the new party is a necessary party to the action in that 
property is vested in him at law or in equity and the plaintiff's claim in 
respect of an equitable interest in that property is liable to be defeated 
unless the new party is joined; or

        (b)	the relevant cause of action is vested in the new party and the 
plaintiff jointly but not severally; or

        (c)	the new party is the Secretary for Justice and the proceedings 
should have been brought by relator proceedings in his name; or

        (d)	the new party is a company in which the plaintiff is a 
shareholder and on whose behalf the plaintiff is suing to enforce a right 
vested in the company; or

        (e)	the new party is sued jointly with the defendant and is not 
also liable severally with him and failure to join the new party might 
render the claim unenforceable.

6A.	Proceedings by and against estates (O. 15, r. 6A)


(1)	Where any person against whom an action would have lain has 
died but the cause of action survives, the action may, if no grant of 
probate or administration has been made, be brought against the estate of 
the deceased.

(2)	Without prejudice to the generality of paragraph (1), an action 
brought against "the personal representatives of A.B. deceased" shall be 
treated, for the purposes of that paragraph, as having been brought 
against his estate.

(3)	An action purporting to have been commenced by or against a 
person shall be treated, if he was dead at its commencement and the cause 
of action survives, as having been commenced by his estate or against it 
in accordance with paragraph (1), as the case may be, whether or not a 
grant of probate or administration was made before its commencement.

(4)	In any such action as is referred to in paragraph (1) or (3)-

        (a)	the plaintiff shall, and the defendant, the personal 
representative of the deceased or any person interested in the deceased's 
estate may, during the period of validity for service of the writ or 
originating summons, apply to the Court for an order appointing a person 
to represent the deceased's estate for the purpose of the proceedings or, 
if a grant of probate or administration has been made, for an order that 
the personal representative of the deceased be made a party to the 
proceedings, and in either case for an order that the proceedings be 
carried on against the person so appointed or, as the case may be, against 
the personal representative, as if he had been substituted for the estate;

        (b)	the Court may, at any stage of the proceedings and on such 
terms as it thinks just and either of its own motion or on application, 
make any such order as is mentioned in subparagraph (a) and allow such 
amendments (if any) to be made and make such other order as the Court 
thinks necessary in order to ensure that all matters in dispute in the 
proceedings may be effectually and completely determined and adjudicated 
upon.

(5)	Before making an order under paragraph (4) the Court may 
require notice to be given to any insurer of the deceased who has an 
interest in the proceedings and to such (if any) of the persons having an 
interest in the estate as it thinks fit.

(5A)	Where an order is made under paragraph (4) at the instance of 
a plaintiff appointing the Official Solicitor to represent the deceased's 
estate, the appointment shall be limited to his accepting service of the 
writ or originating summons by which the action was begun unless, either 
on making such an order or on a subsequent application, the Court, with 
the consent of the Official Solicitor, directs that the appointment shall 
extend to taking further steps in the proceedings.

(6)	Where an order is made under paragraph (4), rules 7(4) and 8(3) 
and (4) shall apply as if the order had been made under rule 7 on the 
application of the plaintiff.

(7)	Where no grant of probate or administration has been made, any 
judgment or order given or made in the proceedings shall bind the estate 
to the same extent as it would have been bound if a grant had been made 
and a personal representative of the deceased had been a party to the 
proceedings.

7.	Change of parties by reason of death, etc. 
	(O. 15, r. 7)


(1)	Where a party to an action dies or becomes bankrupt but the 
cause of action survives, the action shall not abate by reason of the 
death or bankruptcy.

(2)	Where at any stage of the proceedings in any cause or matter 
the interest or liability of any party is assigned or transmitted to or 
devolves upon some other person, the Court may, if it thinks it necessary 
in order to ensure that all matters in dispute in the cause or matter may 
be effectually and completely determined and adjudicated upon, order that 
other person to be made a party to the cause or matter and the proceedings 
to be carried on as if he had been substituted for the first-mentioned 
party.
An application for an order under this paragraph may be made ex parte.

(3)	An order may be made under this rule for a person to be made a 
party to a cause or matter notwithstanding that he is already a party to 
it on the other side of the record, or on the same side but in a different 
capacity; but-

        (a)	if he is already a party on the other side, the order shall be 
treated as containing a direction that he shall cease to be a party on 
that other side; and

        (b)	if he is already a party on the same side but in another 
capacity, the order may contain a direction that he shall cease to be a 
party in that other capacity.

(4)	The person on whose application an order is made under this 
rule must procure the order to be noted in the cause book, and after the 
order has been so noted that person must, unless the Court otherwise 
directs, serve the order on every other person who is a party to the cause 
or matter or who becomes or ceases to be a party by virtue of the order 
and serve with the order on any person who becomes a defendant a copy of 
the writ or originating summons by which the cause or matter was begun and 
of all other pleadings served in the proceedings and a form of 
acknowledgment of service in Form No. 14 or 15 in Appendix A, whichever is 
appropriate.

(5)	Any application to the Court by a person served with an order 
made ex parte under this rule for the discharge or variation of the order 
must be made within 14 days after the service of the order on that person.

8.	Provisions consequential on making of order 
	under rule 6 or 7 (O. 15, r. 8)


(1)	Where an order is made under rule 6 the writ by which the 
action in question was begun must be amended accordingly and must be 
indorsed with-

        (a)	a reference to the order in pursuance of which the amendment is 
made; and

        (b)	the date on which the amendment is made,
and the amendment must be made within such period as may be specified in 
the order or, if no period is so specified, within 14 days after the 
making of the order.

(2)	Where by an order under rule 6 a person is to be made a 
defendant, the rules as to service of a writ of summons shall apply 
accordingly to service of the amended writ on him, but before serving the 
writ on him the person on whose application the order was made must 
procure the order to be noted in the cause book.

(2A)	Together with the writ of summons served under paragraph (2) 
shall be served a copy of all other pleadings served in the action.

(3)	Where by an order under rule 6 or 7 a person is to be made a 
defendant, the rules as to acknowledgment of service shall apply 
accordingly to acknowledgment of service by him subject, in the case of a 
person to be made a defendant by an order under rule 7, to the 
modification that the time limited for acknowledging service shall begin 
with the date on which the order is served on him under rule 7(4) or, if 
the order is not required to be served on him, with the date on which the 
order is noted in the cause book.

(4)	Where by an order under rule 6 or 7 a person is to be added as 
a party or is to be made a party in substitution for some other party, 
that person shall not become a party until-

        (a)	where the order is made under rule 6, the writ has been amended 
in relation to him under this rule and (if he is a defendant) has been 
served on him; or

        (b)	where the order is made under rule 7, the order has been served 
on him under rule 7(4) or, if the order is not required to be served on 
him, the order has been noted in the cause book,
and where by virtue of this paragraph 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)	This rule applies in relation to an action begun by originating 
summons as it applies in relation to an action begun by writ.

9.	Failure to proceed after death of party 
	(O. 15, r. 9)


(1)	If after the death of a plaintiff or defendant in any action 
the cause of action survives, but no order under rule 7 is made 
substituting as plaintiff any person in whom the cause of action vests or, 
as the case may be, the personal representatives of the deceased 
defendant, the defendant or, as the case may be, those representatives may 
apply to the Court for an order that unless the action is proceeded with 
within such time as may be specified in the order the action shall be 
struck out as against the plaintiff or defendant, as the case may be, who 
has died; but where it is the plaintiff who has died, the Court shall not 
make an order under this rule unless satisfied that due notice of the 
application has been given to the personal representatives (if any) of the 
deceased plaintiff and to any other interested persons who, in the opinion 
of the Court, should be notified.

(2)	Where in any action a counterclaim is made by a defendant, this 
rule shall apply in relation to the counterclaim as if the counterclaim 
were a separate action and as if the defendant making the counterclaim 
were the plaintiff and the person against whom it is made a defendant.

10.	Actions for possession of land (O. 15, r. 10)


(1)	Without prejudice to rule 6, the Court may at any stage of the 
proceedings in an action for possession of land order any person not a 
party to the action who is in possession of the land (whether in actual 
possession or by a tenant) to be added as a defendant.

(2)	An application by any person for an order under this rule may 
be made ex parte, supported by an affidavit showing that he is in 
possession of the land in question and if by a tenant, naming him.
The affidavit shall specify the applicant's address for service and Order 
12, rule 3(2), (3) and (4), shall apply as if the affidavit were an 
acknowledgment of service.

(3)	A person added as a defendant by an order under this rule must 
serve on the plaintiff a copy of the order giving the added defendant's 
address for service specified in accordance with paragraph (2).

11.	Relator actions (O. 15, r. 11)

Before the name of any person is used in any action as relator, that 
person must give a written authorization so to use his name to his 
solicitor and the authorization must be filed in the Registry.

12.	Representative proceedings (O. 15, r. 12)


(1)	Where numerous persons have the same interest in any 
proceedings, not being such proceedings as are mentioned in rule 13, the 
proceedings may be begun, and, unless the Court otherwise orders, 
continued, by or against any one or more of them as representing all or as 
representing all except one or more of them.

(2)	At any stage of proceedings under this rule the Court may, on 
the application of the plaintiff, and on such terms, if any, as it thinks 
fit, appoint any one or more of the defendants or other persons as 
representing whom the defendants are sued to represent all, or all except 
one or more, of those persons in the proceedings; and where, in exercise 
of the power conferred by this paragraph, the Court appoints a person not 
named as a defendant, it shall make an order under rule 6 adding that 
person as a defendant.

(3)	A judgment or order given in proceedings under this rule shall 
be binding on all the persons as representing whom the plaintiffs sue or, 
as the case may be, the defendants are sued, but shall not be enforced 
against any person not a party to the proceedings except with the leave of 
the Court.

(4)	An application for the grant of leave under paragraph (3) must 
be made by summons which must be served personally on the person against 
whom it is sought to enforce the judgment or order.

(5)	Notwithstanding that a judgment or order to which any such 
application relates is binding on the person against whom the application 
is made, that person may dispute liability to have the judgment or order 
enforced against him on the ground that by reason of facts and matters 
particular to his case he is entitled to be exempted from such liability.

(6)	The Court hearing an application for the grant of leave under 
paragraph (3) may order the question whether the judgment or order is 
enforceable against the person against whom the application is made to be 
tried and determined in any manner in which any issue or question in an 
action may be tried and determined.

13.	Representation of interested persons who 
	cannot be ascertained, etc. (O. 15, r. 13)


(1)	In any proceedings concerning-

        (a)	the estate of a deceased person; or

        (b)	property subject to a trust; or

        (c)	the construction of a written instrument, including an 
Ordinance or any other written law, 
the Court, if satisfied that it is expedient so to do, and that one or 
more of the conditions specified in paragraph (2) are satisfied, may 
appoint one or more persons to represent any person (including an unborn 
person) or class who is or may be interested (whether presently or for any 
future, contingent or unascertained interest) in or affected by the 
proceedings.

(2)	The conditions for the exercise of the power conferred by 
paragraph (1) are as follows-

        (a)	that the person, the class or some member of the class, cannot 
be ascertained or cannot readily be ascertained;

        (b)	that the person, class or some member of the class, though 
ascertained, cannot be found;

        (c)	that, though the person or the class and the members thereof 
can be ascertained and found, it appears to the Court expedient (regard 
being had to all the circumstances, including the amount at stake and the 
degree of difficulty of the point to be determined) to exercise the power 
for the purpose of saving expense.

(3)	Where in any proceedings to which paragraph (1) applies, the 
Court exercises the power conferred by that paragraph, a judgment or order 
of the Court given or made when the person or persons appointed in 
exercise of that power are before the Court shall be binding on the person 
or class represented by the person or persons so appointed.

(4)	Where, in any such proceedings, a compromise is proposed and 
some of the persons who are interested in, or who may be affected by, the 
compromise are not parties to the proceedings (including unborn or 
unascertained persons) but-

        (a)	there is some other person in the same interest before the 
Court who assents to the compromise or on whose behalf the Court sanctions 
the compromise; or

        (b)	the absent persons are represented by a person appointed under 
paragraph (1) who so assents,
the Court, if satisfied that the compromise will be for the benefit of the 
absent persons and that it is expedient to exercise this power, may 
approve the compromise and order that it shall be binding on the absent 
persons, and they shall be bound accordingly except where the order has 
been obtained by fraud or non-disclosure of material facts.

13A.	Notice of action to non-parties (O. 15, r. 13A)


(1)	At any stage in an action to which this rule applies, the Court 
may, on the application of any party or of its own motion, direct that 
notice of the action be served on any person who is not a party thereto 
but who will or may be affected by any judgment given therein.

(2)	An application under this rule may be made ex parte and shall 
be supported by an affidavit stating the grounds of the application.

(3)	Every notice of an action under this rule shall be in Form No. 
52 in Appendix A and the copy to be served shall be a sealed copy and 
accompanied by a copy of the originating summons or writ and of all other 
pleadings served in the action, and by a form of acknowledgment of service 
in Form No. 14 or 15 in Appendix A with such modifications as may be 
appropriate.

(4)	A person may, within 14 days of service on him of a notice 
under this rule, acknowledge service of the writ or originating summons 
and shall thereupon become a party to the action, but in default of such 
acknowledgment and subject to paragraph (5) he shall be bound by any 
judgment given in the action as if he was a party thereto.

(5)	If at any time after service of such notice on any person the 
writ or originating summons is amended so as substantially to alter the 
relief claimed, the Court may direct that the judgment shall not bind such 
person unless a further notice together with a copy of the amended writ or 
originating summons is issued and served upon him under this rule.

(6)	This rule applies to any action relating to-

        (a)	the estate of a deceased person; or

        (b)	property subject to a trust.

(7)	Order 6, rule 7(3) and (5) shall apply in relation to a notice 
of an action under this rule as if the notice were a writ and the person 
by whom the notice is issued were the plaintiff.

14.	Representation of beneficiaries by trustees, 
	etc. (O. 15, r. 14)


(1)	Any proceedings, including proceedings to enforce a security by 
foreclosure or otherwise, may be brought by or against trustees, executors 
or administrators in their capacity as such without joining any of the 
persons having a beneficial interest in the trust or estate, as the case 
may be; and any judgment or order given or made in those proceedings shall 
be binding on those persons unless the Court in the same or other 
proceedings otherwise orders on the ground that the trustees, executors or 
administrators, as the case may be, could not or did not in fact represent 
the interests of those persons in the first-mentioned proceedings.

(2)	Paragraph (1) is without prejudice to the power of the Court to 
order any person having such an interest as aforesaid to be made a party 
to the proceedings or to make an order under rule 13.

15.	Representation of deceased person interested 
	in proceedings (O. 15, r. 15)


(1)	Where in any proceedings it appears to the Court that a 
deceased person was interested in the matter in question in the 
proceedings and that he has no personal representative, the Court may, on 
the application of any party to the proceedings, proceed in the absence of 
a person representing the estate of the deceased person or may by order 
appoint a person to represent that estate for the purposes of the 
proceedings; and any such order, and any judgment or order subsequently 
given or made in the proceedings, shall bind the estate of the deceased 
person to the same extent as it would have been bound had a personal 
representative of that person been a party to the proceedings.

(2)	Before making an order under this rule, the Court may require 
notice of the application for the order to be given to such (if any) of 
the persons having an interest in the estate as it thinks fit.

16.	Declaratory judgment (O. 15, r. 16)

No action or other proceeding shall be open to objection on the ground 
that a merely declaratory judgment or order is sought thereby, and the 
Court may make binding declarations of right whether or not any 
consequential relief is or could be claimed.

17.	Conduct of proceedings (O. 15, r. 17)

The Court may give the conduct of any action, inquiry or other proceedings 
to such person as it thinks fit.
"any relevant period of limitation" (任何有關的時效期)


THE RULES OF THE DISTRICT COURT - ORDER 16
THIRD PARTY AND SIMILAR PROCEEDINGS VerDate:01/09/2000



1.	Third party notice (O. 16, r. 1)


(1)	Where in any action a defendant who has given notice of 
intention to defend-

        (a)	claims against a person not already a party to the action any 
contribution or indemnity; or

        (b)	claims against such a person any relief or remedy relating to 
or connected with the original subject-matter of the action and 
substantially the same as some relief or remedy claimed by the plaintiff; 
or

        (c)	requires that any question or issue relating to or connected 
with the original subject-matter of the action should be determined not 
only as between the plaintiff and the defendant but also as between either 
or both of them and a person not already a party to the action,
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.

(2)	A defendant to an action may not issue a third party notice 
without the leave of the Court unless the action was begun by writ and he 
issues the notice before serving his defence on the plaintiff.

(3)	Where a third party notice is served on the person against whom 
it is issued, he shall as from the time of service be a party to the 
action (in this Order referred to as a third party) with the same rights 
in respect of his defence against any claim made against him in the notice 
and otherwise as if he had been duly sued in the ordinary way by the 
defendant by whom the notice is issued.

2.	Application for leave to issue third 
	party notice (O. 16, r. 2)


(1)	An application for leave to issue a third party notice may be 
made ex parte but the Court may direct a summons for leave to be issued.

(2)	An application for leave to issue a third party notice must be 
supported by an affidavit stating-

        (a)	the nature of the claim made by the plaintiff in the action;

        (b)	the stage which proceedings in the action have reached;

        (c)	the nature of the claim made by the applicant or particulars of 
the question or issue required to be determined, as the case may be, and 
the facts on which the proposed third party notice is based; and

        (d)	the name and address of the person against whom the third party 
notice is to be issued.

3.	Issue, service and acknowledgment of service of 
	third party notice (O. 16, r. 3)


(1)	The order granting leave to issue a third party notice may 
contain directions as to the period within which the notice is to be 
issued.

(2)	There must be served with every third party notice a copy of 
the writ or originating summons by which the action was begun and of the 
pleadings (if any) served in the action and a form of acknowledgment of 
service in Form No. 14 in Appendix A with such modifications as may be 
appropriate.

(3)	The appropriate office for acknowledging service of a third 
party notice is the Registry.

(4)	Subject to this rule, the following provisions of these Rules, 
namely, Order 6, rule 7(3) and (5), Order 10, Order 11 and Order 12, shall 
apply in relation to a third party notice and to the proceedings begun 
thereby as if-

        (a)	the third party notice were a writ and the proceedings begun 
thereby an action; and

        (b)	the defendant issuing the third party notice were a plaintiff 
and the person against whom it is issued a defendant in that action:
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)


(1)	If the third party gives notice of intention to defend, the 
defendant who issued the third party notice must, by summons to be served 
on all the other parties to the action, apply to the Court for directions.

(2)	If no summons is served on the third party under paragraph (1), 
the third party may, not earlier than 7 days after giving notice of 
intention to defend, by summons to be served on all the other parties to 
the action, apply to the Court for directions or for an order to set aside 
the third party notice.

(3)	On an application for directions under this rule the Court may-

        (a)	if the liability of the third party to the defendant who issued 
the third party notice is established on the hearing, order such judgment 
as the nature of the case may require to be entered against the third 
party in favour of the defendant; or

        (b)	order any claim, question or issue stated in the third party 
notice to be tried in such manner as the Court may direct; or

        (c)	dismiss the application and terminate the proceedings on the 
third party notice,
and may do so either before or after any judgment in the action has been 
signed by the plaintiff against the defendant.

(4)	On an application for directions under this rule the Court may 
give the third party leave to defend the action, either alone or jointly 
with any defendant, upon such terms as may be just, or to appear at the 
trial and to take such part therein as may be just, and generally may make 
such orders and give such directions as appear to the Court proper for 
having the rights and liabilities of the parties most conveniently 
determined and enforced and as to the extent to which the third party is 
to be bound by any judgment or decision in the action.

(5)	Any order made or direction given under this rule may be varied 
or rescinded by the Court at any time.

5.	Default of third party, etc. (O. 16, r. 5)


(1)	If a third party does not give notice of intention to defend 
or, having been ordered to serve a defence, fails to do so-

        (a)	he shall be deemed to admit any claim stated in the third party 
notice and shall be bound by any judgment (including judgment by consent) 
or decision in the action in so far as it is relevant to any claim, 
question or issue stated in that notice; and

        (b)	the defendant by whom the third party notice was issued may, if 
judgment in default is given against him in the action, at any time after 
satisfaction of that judgment and, with the leave of the Court, before 
satisfaction thereof, enter judgment against the third party in respect of 
any contribution, and, with the leave of the Court, in respect of any 
other relief or remedy claimed therein.

(2)	If a third party or the defendant by whom a third party notice 
was issued makes default in serving any pleading which he is ordered to 
serve, the Court may, on the application by summons of that defendant or 
the third party, as the case may be, order such judgment to be entered for 
the applicant as he is entitled to on the pleadings or may make such other 
order as may appear to the Court necessary to do justice between the 
parties.

(3)	The Court may at any time set aside or vary a judgment entered 
under paragraph (1)(b) or (2) on such terms (if any) as it thinks just.

6.	Setting aside third party proceedings (O. 16, r. 6)

Proceedings on a third party notice may, at any stage of the proceedings, 
be set aside by the Court.

7.	Judgment between defendant and third party 
	(O. 16, r. 7)


(1)	Where in any action a defendant has served a third party 
notice, the Court may at or after the trial of the action or, if the 
action is decided otherwise than by trial, on an application by summons, 
order such judgment as the nature of the case may require to be entered 
for the defendant against the third party or for the third party against 
the defendant.

(2)	Where judgment is given for the payment of any contribution or 
indemnity to a person who is under a liability to make a payment in 
respect of the same debt or damage, execution shall not issue on the 
judgment without the leave of the Court until that liability has been 
discharged.

(3)	For the purpose of paragraph (2), "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-

        (a)	claims against a person who is already a party to the action 
any contribution or indemnity; or

        (b)	claims against such a person any relief or remedy relating to 
or connected with the original subject-matter of the action and 
substantially the same as some relief or remedy claimed by the plaintiff; 
or

        (c)	requires that any question or issue relating to or connected 
with the original subject-matter of the action should be determined not 
only as between the plaintiff and himself but also as between either or 
both of them and some other person who is already a party to the action,
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.

(2)	Where a defendant makes such a claim as is mentioned in 
paragraph (1) and that claim could be made by him by counterclaim in the 
action, paragraph (1) shall not apply in relation to the claim.

(3)	No acknowledgment of service of such a notice shall be 
necessary if the person on whom it is served has acknowledged service of 
the writ or originating summons in the action or is a plaintiff therein, 
and the same procedure shall be adopted for the determination between the 
defendant by whom, and the person on whom, such a notice is served of the 
claim, question or issue stated in the notice as would be appropriate 
under this Order if the person served with the notice were a third party 
and (where he has given notice of intention to defend the action or is a 
plaintiff) had given notice of intention to defend the claim, question or 
issue.

(4)	Rule 4(2) shall have effect in relation to proceedings on a 
notice issued under this rule as if for the words "7 days after giving 
notice of intention to defend" there were substituted the words "14 days 
after service of the notice on him".

9.	Claims by third and subsequent parties (O. 16, r. 9)


(1)	Where a defendant has served a third party notice and the third 
party makes such a claim or requirement as is mentioned in rule 1 or 8, 
this Order shall, with the modification mentioned in paragraph (2) and any 
other necessary modifications, apply as if the third party were a 
defendant; and similarly where any further person to whom by virtue of 
this rule, this Order applies as if he were a third party makes such a 
claim or requirement.

(2)	The modification referred to in paragraph (1) is that paragraph 

(3) shall have effect in relation to the issue of a notice under rule 1 by 
a third party in substitution for rule 1(2).

(3)	A third party may not issue a notice under rule 1 without the 
leave of the Court unless the action in question was begun by writ and he 
issues the notice before the expiration of 14 days after the time limited 
for acknowledging service of the notice issued against him.

10.	Offer of contribution (O. 16, r. 10)


(1)	If, at any time after he has acknowledged service, a party to 
an action who stands to be held liable in the action to another party to 
contribute towards any debt or damages which may be recovered against that 
other party in the action, makes (without prejudice to his defence) a 
written offer to that other party to contribute to a specified extent to 
the debt or damages, then subject to paragraph (2) and, notwithstanding 
that he reserves the right to bring the offer to the action of the judge 
at the trial, the offer shall not be brought to the attention of the judge 
until after all questions of liability and amount of debt or damages have 
been decided.

(2)	Where the question of the costs of the issue of liability falls 
to be decided, that issue having been tried and an issue or question 
concerning the amount of the debt or damages remaining to be tried 
separately, any party may bring to the attention of the judge the fact 
that a written offer under paragraph (1) has or has not been made and the 
date (but not the amount) of such offer or of the first such offer if more 
than one.

11.	Counterclaim by defendant (O. 16, r. 11)

Where in any action a counterclaim is made by a defendant, 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.
"liability" (法律責任)


THE RULES OF THE DISTRICT COURT - ORDER 17
INTERPLEADER VerDate:02/04/2009



1.	Entitlement to relief by way of interpleader
	(O. 17, r. 1)


(1)	Where-

        (a)	a person is under a liability in respect of a debt or in 
respect of any money, goods or chattels and he is, or expects to be, sued 
for or in respect of that debt or money or those goods or chattels by 2 or 
more persons making adverse claims thereto; or

        (b)	a claim is made to any money, goods or chattels taken or 
intended to be taken by a bailiff in execution under any process, or to 
the proceeds or value of any such goods or chattels, by a person other 
than the person against whom the process is issued,
the person under a liability as mentioned in subparagraph (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.

2.	Claim to goods, etc., taken in execution (O. 17, r. 2)


(1)	Any person making a claim to or in respect of any money, goods 
or chattels taken or intended to be taken in execution under process of 
the Court, or to the proceeds or value of any such goods or chattels, must 
give notice of his claim to the bailiff charged with the execution of the 
process and must include in his notice a statement of his address, and 
that address shall be his address for service.

(2)	On receipt of a claim made under this rule the bailiff must 
forthwith give notice thereof to the execution creditor and the execution 
creditor must, within 7 days after receiving the notice, give notice to 
the bailiff informing him whether he admits or disputes the claim.
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)	Where-

        (a)	the bailiff receives a notice from an execution creditor under 
paragraph (2) disputing a claim, or the execution creditor fails, within 
the period mentioned in that paragraph, to give the required notice; and

        (b)	the claim made under this rule is not withdrawn,
the bailiff may apply to the Court for relief under this Order.

(4)	A bailiff who receives a notice from an execution creditor 
under paragraph (2) admitting a claim made under this rule shall withdraw 
from possession of the money, goods or chattels claimed and may apply to 
the Court for relief under this Order of the following kind, that is to 
say, an order restraining the bringing of an action against him for or in 
respect of his having taken possession of that money or those goods or 
chattels.

3.	Mode of application (O. 17, r. 3)


(1)	An application for relief under this Order may be made by 
originating summons unless made in a pending action, in which case it must 
be made by summons in the action.  (L.N. 153 of 2008)

(2)	Where the applicant is a bailiff who has withdrawn from 
possession of money, goods or chattels taken in execution and who is 
applying for relief under rule 2(4), the summons must be served on any 
person who made a claim under that rule to or in respect of that money or 
those goods or chattels, and that person may attend the hearing of the 
application.

(3)	An originating summons under this rule shall be in Form No. 10 
in Appendix A.

(4)	Subject to paragraph (5), a summons under this rule must be 
supported by evidence that the applicant-

        (a)	claims no interest in the subject-matter in dispute other than 
for charges or costs;

        (b)	does not collude with any of the claimants to that 
subject-matter; and

        (c)	is willing to pay or transfer that subject-matter into court or 
to dispose of it as the Court may direct.

(5)	Where the applicant is a bailiff, he shall not provide such 
evidence as is referred to in paragraph (4) unless directed by the Court 
to do so.

(6)	Any person who makes a claim under rule 2 and who is served 
with a summons under this rule shall within 14 days serve on the execution 
creditor and the bailiff an affidavit specifying any money and describing 
any goods and chattels claimed and setting out the grounds upon which such 
claim is based.

(7)	Where the applicant is a bailiff a summons under this rule must 
give notice of the requirement in paragraph (6).

5.	Powers of Court hearing summons (O. 17, r. 5)


(1)	Where on the hearing of a summons under this Order all the 
persons by whom adverse claims to the subject-matter in dispute (hereafter 
in this Order referred to as "the claimants") appear, the Court may order-

        (a)	that any claimant be made a defendant in any action pending 
with respect to the subject-matter in dispute in substitution for or in 
addition to the applicant for relief under this Order; or

        (b)	that an issue between the claimants be stated and tried and may 
direct which of the claimants is to be plaintiff and which defendant.

(2)	Where-

        (a)	the applicant on a summons under this Order is a bailiff; or

        (b)	all the claimants consent or any of them so requests; or

        (c)	the question at issue between the claimants is a question of 
law and the facts are not in dispute,
the Court may summarily determine the question at issue between the 
claimants and make an order accordingly on such terms as may be just.

(3)	Where a claimant, having been duly served with a summons for 
relief under this Order, does not appear on the hearing of the summons or, 
having appeared, fails or refuses to comply with an order made in the 
proceedings, the Court may make an order declaring the claimant, and all 
persons claiming under him, for ever barred from prosecuting his claim 
against the applicant for such relief and all persons claiming under him, 
but such an order shall not affect the rights of the claimants as between 
themselves.

6.	Power to order sale of goods taken
	in execution (O. 17, r. 6)

Where an application for relief under this Order is made by a bailiff who 
has taken possession of any goods or chattels in execution under any 
process, and a claimant alleges that he is entitled, under a bill of sale 
or otherwise, to the goods or chattels by way of security for debt, the 
Court may order those goods or chattels or any part thereof to be sold and 
may direct that the proceeds of sale be applied in such manner and on such 
terms as may be just and as may be specified in the order.

7.	Power to stay proceedings (O. 17, r. 7)

Where a defendant to an action applies for relief under this Order in the 
action, the Court may by order stay all further proceedings in the action.

8.	Other powers (O. 17, r. 8)

Subject to this Order, the Court may in or for the purposes of any 
interpleader proceedings make such order as to costs or any other matter 
as it thinks just.

9.	One order in several causes or matters (O. 17, r. 9)

Where the Court considers it necessary or expedient to make an order in 
any interpleader proceedings in several causes or matters pending before 
the Court, the Court may make such an order; and the order shall be 
entitled in all those causes or matters and shall be binding on all the 
parties to them.

10.	Discovery (O. 17, r. 10)

Orders 24 and 26 shall, with the necessary modifications, apply in 
relation to an interpleader issue as they apply in relation to any other 
cause or matter.
(L.N. 153 of 2008)

11.	Trial of interpleader issue (O. 17, r. 11)


(1)	Order 35 shall, with the necessary modifications, apply to the 
trial of an interpleader issue as it applies to the trial of an action.

(2)	The Court by whom an interpleader issue is tried may give such 
judgment or make such order as finally to dispose of all questions arising 
in the interpleader proceedings.



THE RULES OF THE DISTRICT COURT - ORDER 17
INTERPLEADER VerDate:01/09/2000



1.	Entitlement to relief by way of interpleader 
	(O. 17, r. 1)


(1)	Where-

        (a)	a person is under a liability in respect of a debt or in 
respect of any money, goods or chattels and he is, or expects to be, sued 
for or in respect of that debt or money or those goods or chattels by 2 or 
more persons making adverse claims thereto; or

        (b)	a claim is made to any money, goods or chattels taken or 
intended to be taken by a bailiff in execution under any process, or to 
the proceeds or value of any such goods or chattels, by a person other 
than the person against whom the process is issued,
the person under a liability as mentioned in subparagraph (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.

2.	Claim to goods, etc., taken in execution (O. 17, r. 2)


(1)	Any person making a claim to or in respect of any money, goods 
or chattels taken or intended to be taken in execution under process of 
the Court, or to the proceeds or value of any such goods or chattels, must 
give notice of his claim to the bailiff charged with the execution of the 
process and must include in his notice a statement of his address, and 
that address shall be his address for service.

(2)	On receipt of a claim made under this rule the bailiff must 
forthwith give notice thereof to the execution creditor and the execution 
creditor must, within 7 days after receiving the notice, give notice to 
the bailiff informing him whether he admits or disputes the claim.
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)	Where-

        (a)	the bailiff receives a notice from an execution creditor under 
paragraph (2) disputing a claim, or the execution creditor fails, within 
the period mentioned in that paragraph, to give the required notice; and

        (b)	the claim made under this rule is not withdrawn,
the bailiff may apply to the Court for relief under this Order.

(4)	A bailiff who receives a notice from an execution creditor 
under paragraph (2) admitting a claim made under this rule shall withdraw 
from possession of the money, goods or chattels claimed and may apply to 
the Court for relief under this Order of the following kind, that is to 
say, an order restraining the bringing of an action against him for or in 
respect of his having taken possession of that money or those goods or 
chattels.

3.	Mode of application (O. 17, r. 3)


(1)	An application for relief under this Order must be made by 
originating summons unless made in a pending action, in which case it must 
be made by summons in the action.

(2)	Where the applicant is a bailiff who has withdrawn from 
possession of money, goods or chattels taken in execution and who is 
applying for relief under rule 2(4), the summons must be served on any 
person who made a claim under that rule to or in respect of that money or 
those goods or chattels, and that person may attend the hearing of the 
application.

(3)	An originating summons under this rule shall be in Form No. 10 
in Appendix A.

(4)	Subject to paragraph (5), a summons under this rule must be 
supported by evidence that the applicant-

        (a)	claims no interest in the subject-matter in dispute other than 
for charges or costs;

        (b)	does not collude with any of the claimants to that 
subject-matter; and

        (c)	is willing to pay or transfer that subject-matter into court or 
to dispose of it as the Court may direct.

(5)	Where the applicant is a bailiff, he shall not provide such 
evidence as is referred to in paragraph (4) unless directed by the Court 
to do so.

(6)	Any person who makes a claim under rule 2 and who is served 
with a summons under this rule shall within 14 days serve on the execution 
creditor and the bailiff an affidavit specifying any money and describing 
any goods and chattels claimed and setting out the grounds upon which such 
claim is based.

(7)	Where the applicant is a bailiff a summons under this rule must 
give notice of the requirement in paragraph (6).

5.	Powers of Court hearing summons (O. 17, r. 5)


(1)	Where on the hearing of a summons under this Order all the 
persons by whom adverse claims to the subject-matter in dispute (hereafter 
in this Order referred to as "the claimants") appear, the Court may order-

        (a)	that any claimant be made a defendant in any action pending 
with respect to the subject-matter in dispute in substitution for or in 
addition to the applicant for relief under this Order; or

        (b)	that an issue between the claimants be stated and tried and may 
direct which of the claimants is to be plaintiff and which defendant.

(2)	Where-

        (a)	the applicant on a summons under this Order is a bailiff; or

        (b)	all the claimants consent or any of them so requests; or

        (c)	the question at issue between the claimants is a question of 
law and the facts are not in dispute,
the Court may summarily determine the question at issue between the 
claimants and make an order accordingly on such terms as may be just.

(3)	Where a claimant, having been duly served with a summons for 
relief under this Order, does not appear on the hearing of the summons or, 
having appeared, fails or refuses to comply with an order made in the 
proceedings, the Court may make an order declaring the claimant, and all 
persons claiming under him, for ever barred from prosecuting his claim 
against the applicant for such relief and all persons claiming under him, 
but such an order shall not affect the rights of the claimants as between 
themselves.

6.	Power to order sale of goods taken 
	in execution (O. 17, r. 6)

Where an application for relief under this Order is made by a bailiff who 
has taken possession of any goods or chattels in execution under any 
process, and a claimant alleges that he is entitled, under a bill of sale 
or otherwise, to the goods or chattels by way of security for debt, the 
Court may order those goods or chattels or any part thereof to be sold and 
may direct that the proceeds of sale be applied in such manner and on such 
terms as may be just and as may be specified in the order.

7.	Power to stay proceedings (O. 17, r. 7)

Where a defendant to an action applies for relief under this Order in the 
action, the Court may by order stay all further proceedings in the action.

8.	Other powers (O. 17, r. 8)

Subject to this Order, the Court may in or for the purposes of any 
interpleader proceedings make such order as to costs or any other matter 
as it thinks just.

9.	One order in several causes or matters (O. 17, r. 9)

Where the Court considers it necessary or expedient to make an order in 
any interpleader proceedings in several causes or matters pending before 
the Court, the Court may make such an order; and the order shall be 
entitled in all those causes or matters and shall be binding on all the 
parties to them.

10.	Discovery (O. 17, r. 10)

Orders 23A and 26 shall, with the necessary modifications, apply in 
relation to an interpleader issue as they apply in relation to any other 
cause or matter.

11.	Trial of interpleader issue (O. 17, r. 11)


(1)	Order 35 shall, with the necessary modifications, apply to the 
trial of an interpleader issue as it applies to the trial of an action.

(2)	The Court by whom an interpleader issue is tried may give such 
judgment or make such order as finally to dispose of all questions arising 
in the interpleader proceedings.



THE RULES OF THE DISTRICT COURT - ORDER 18
PLEADINGS VerDate:02/04/2009



1.	Service of statement of claim (O. 18, r. 1)

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 2 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)


(1)	Subject to paragraphs (2) and (3), a defendant who gives notice 
of intention to defend an action must, unless the Court gives leave to the 
contrary, serve a defence on every other party to the action who may be 
affected thereby before the expiration of 28 days after the time limited 
for acknowledging service of the writ or after the statement of claim is 
served on him, whichever is the later.  (L.N. 217 of 2000)

(2)	If a summons under Order 14, rule 1, or under Order 86, rule 1, 
is served on a defendant before he serves his defence, paragraph (1) shall 
not have effect in relation to him unless by the order made on the summons 
he is given leave to defend the action and, in that case, shall have 
effect as if it required him to serve his defence within 28 days after the 
making of the order or within such other period as may be specified 
therein.

(3)	Where an application is made by a defendant under Order 12, 
rule 8(1) or (2), paragraph (1) shall not have effect in relation to him 
unless the application is dismissed or no order is made on the application 
and, in that case, shall have effect as if it required him to serve his 
defence within 28 days after the final determination of the application or 
within such other period as may be specified by the Court.
(L.N. 153 of 2008)

3.	Service of reply and defence to 
	counterclaim (O. 18, r. 3)


(1)	A plaintiff on whom a defendant serves a defence must serve a 
reply on that defendant if it is needed for compliance with rule 8; and if 
no reply is served, rule 14(1) will apply.

(2)	A plaintiff on whom a defendant serves a counterclaim must, if 
he intends to defend it, serve on that defendant a defence to counterclaim.

(3)	Where a plaintiff serves both a reply and a defence to 
counterclaim on any defendant, he must include them in the same document.

(4)	A reply to any defence must be served by the plaintiff before 
the expiration of 28 days after the service on him of that defence, and a 
defence to counterclaim must be served by the plaintiff before the 
expiration of 28 days after the service on him of the counterclaim to 
which it relates.  (L.N. 153 of 2008)

4.	Pleadings subsequent to reply (O. 18, r. 4)

No pleading subsequent to a reply or a defence to counterclaim shall be 
served except with the leave of the Court.

5A.	Filing of pleadings and originating process
	(O. 18, r. 5A)


(1)	Subject to Order 3, rule 5(3) and subject to this rule, every 
pleading and originating process shall be filed in the Registry within the 
time during which that pleading or originating process may be served by 
him on any other party.

(2)	A party may apply to the Court for further time to file a 
pleading or originating process on a summons stating the further time 
required.

(3)	If a party fails to file a pleading or originating process 
within the time allowed under paragraph (1) or further time allowed under 
paragraph (2), he shall not be at liberty to file that pleading or 
originating process without the leave of the Court.

6.	Pleadings: formal requirements (O. 18, r. 6)


(1)	Every pleading in an action must bear on its face-

        (a)	the year in which the writ in the action was issued and the 
number of the action;

        (b)	the title of the action;

        (d)	the description of the pleading; and

        (e)	the date on which it was served.

(2)	Every pleading must, if necessary, be divided into paragraphs 
numbered consecutively, each allegation being so far as convenient 
contained in a separate paragraph.

(3)	Dates, sums and other numbers must be expressed in a pleading 
in figures and not in words.

(4)	Every pleading must be indorsed-

        (a)	where the party sues or defends in person, with his name and 
address;

        (b)	in any other case, with the name or firm and business address 
of the solicitor by whom it was served, and also (if the solicitor is the 
agent of another) the name or firm and business address of his principal.

(5)	Every pleading must be signed by counsel, if settled by him, 
and, if not, by the party's solicitor or by the party, if he sues or 
defends in person.

7.	Facts, not evidence, to be pleaded (O. 18, r. 7)


(1)	Subject to this rule and rules 7A, 10, 11 and 12, every 
pleading must contain, and contain only, a statement in a summary form of 
the material facts on which the party pleading relies for his claim or 
defence, as the case may be, but not the evidence by which those facts are 
to be proved, and the statement must be as brief as the nature of the case 
admits.

(2)	Without prejudice to paragraph (1), the effect of any document 
or the purport of any conversation referred to in the pleading must, if 
material, be briefly stated, and the precise words of the document or 
conversation must not be stated, except in so far as those words are 
themselves material.

(3)	A party need not plead any fact if it is presumed by law to be 
true or the burden of disproving it lies on the other party, unless the 
other party has specifically denied it in his pleading.

(4)	A statement that a thing has been done or that an event has 
occurred, being a thing or event the doing or occurrence of which, as the 
case may be, constitutes a condition precedent necessary for the case of a 
party is to be implied in his pleading.

7A.	Conviction, etc., to be adduced in evidence:
	matters to be pleaded (O. 18, r. 7A)


(1)	If in any action which is to be tried with pleadings any party 
intends, in reliance on section 62 of the Evidence Ordinance (Cap 8) 

        (convictions as evidence in civil proceedings) to adduce evidence that a 
person was convicted of an offence by or before a court in Hong Kong, he 
must include in his pleading a statement of his intention with particulars 
of-

        (a)	the conviction and the date thereof;

        (b)	the court which made the conviction; and

        (c)	the issue in the proceedings to which the conviction is 
relevant.

(2)	If in any action which is to be tried with pleadings any party 
intends, in reliance on section 63 of the Evidence Ordinance (Cap 8) 

        (findings of adultery as evidence in civil proceedings) to adduce evidence 
that a person was found guilty of adultery in matrimonial proceedings, he 
must include in his pleading a statement of his intention with particulars 
of-

        (a)	the finding and the date thereof;

        (b)	the court which made the finding and the proceedings in which 
it was made; and

        (c)	the issue in the proceedings to which the finding is relevant.

(3)	Where a party's pleading includes such a statement as is 
mentioned in paragraph (1) or (2), then if the opposite party-

        (a)	denies the conviction or finding of adultery to which the 
statement relates; or

        (b)	alleges that the conviction or finding was erroneous; or

        (c)	denies that the conviction or finding is relevant to any issue 
in the proceedings,
he must make the denial or allegation in his pleading.

8.	Matters which must be specifically pleaded
	(O. 18, r. 8)


(1)	A party must in any pleading subsequent to a statement of claim 
plead specifically any matter, for example, performance, release, any 
relevant statute of limitation, fraud or any fact showing illegality-

        (a)	which he alleges makes any claim or defence of the opposite 
party not maintainable; or

        (b)	which, if not specifically pleaded, might take the opposite 
party by surprise; or

        (c)	which raises issues of fact not arising out of the preceding 
pleading.

(2)	Without prejudice to paragraph (1), a defendant to an action 
for recovery of land must plead specifically every ground of defence on 
which he relies, and a plea that he is in possession of the land by 
himself or his tenant is not sufficient.

(3)	A claim for exemplary damages or for provisional damages must 
be specifically pleaded together with the facts on which the party 
pleading relies.

(4)	A party must plead specifically any claim for interest under 
section 49 of the Ordinance or otherwise.

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)	A party shall not in any pleading make any allegation of fact, 
or raise any new ground of claim, inconsistent with a previous pleading of 
his.

(2)	Paragraph (1) shall not be taken as prejudicing the right of a 
party to amend, or apply for leave to amend, his previous pleading so as 
to plead the allegations or claims in the alternative.

11.	Points of law may be pleaded (O. 18, r. 11)

A party may by his pleading raise any point of law.

12.	Particulars of pleading (O. 18, r. 12)


(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-

        (a)	particulars of any misrepresentation, fraud, breach of trust, 
wilful default or undue influence on which the party pleading relies;

        (b)	where a party pleading alleges any condition of the mind of any 
person, whether any disorder or disability of mind or any malice, 
fraudulent intention or other condition of mind except knowledge, 
particulars of the facts on which the party relies; and

        (c)	where a claim for damages is made against a party pleading, 
particulars of any facts on which the party relies in mitigation of, or 
otherwise in relation to, the amount of damages.

(1A)	Subject to paragraph (1B), a plaintiff in an action for 
personal injuries shall serve with his statement of claim-

        (a)	a medical report; and

        (b)	a statement of the special damages claimed.

(1B)	Where the documents to which paragraph (1A) applies are not 
served with the statement of claim, the Court may-

        (a)	specify the period of time within which they are to be 
provided; or

        (b)	make such other order as it thinks fit (including an order 
dispensing with the requirements of paragraph (1A) or staying the 
proceedings).

(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).

(2)	Where it is necessary to give particulars of debt, expenses or 
damages and those particulars exceed 3 folios, they must be set out in a 
separate document referred to in the pleading and the pleading must state 
whether the document has already been served, and, if so, when, or is to 
be served with the pleading.

(3)	The Court may order a party to serve on any other party 
particulars of any claim, defence or other matter stated in his pleading, 
or in any affidavit of his ordered to stand as a pleading, or a statement 
of the nature of the case on which he relies, and the order may be made on 
such terms as the Court thinks just.

(3A)	The Court may make an order under paragraph (3) upon the 
application of a party or of its own motion.  (L.N. 153 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. 153 of 2008)

(4)	Where a party alleges as a fact that a person had knowledge or 
notice of some fact, matter or thing, then, without prejudice to the 
generality of paragraph (3), the Court may, on such terms as it thinks 
just, order that party to serve on any other party-

        (a)	where he alleges knowledge, particulars of the facts on which 
he relies; and

        (b)	where he alleges notice, particulars of the notice.

(5)	An order under this rule shall not be made before service of 
the defence unless, in the opinion of the Court, the order is necessary or 
desirable to enable the defendant to plead or for some other special 
reason.

(6)	Where the applicant for an order under this rule did not apply 
by letter for the particulars he requires, the Court may refuse to make 
the order unless of opinion that there were sufficient reasons for an 
application by letter not having been made.

(7)	Where particulars are given pursuant to a request, or order of 
the Court, the request or order shall be incorporated with the 
particulars, each item of the particulars following immediately after the 
corresponding item of the request or order.

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-

        (a)	the party has reasonable grounds for so doing; and

        (b)	the allegations are made in the alternative.
(L.N. 153 of 2008)

13.	Admissions and denials (O. 18, r. 13)


(1)	Subject to paragraph (5), an allegation of fact made by a party 
in his pleading is deemed to be admitted by the opposite party unless it 
is traversed by that party in his pleading or a joinder of issue under 
rule 14 operates as a non-admission of it.

(2)	Subject to paragraph (4), a traverse may be made either by a 
denial or by a statement of non-admission and either expressly or by 
necessary implication.

(3)	Every allegation of fact made in a statement of claim or 
counterclaim which the party on whom it is served does not intend to admit 
must be specifically traversed by him in his defence or defence to 
counterclaim, as the case may be; and a general denial of such 
allegations, or a general statement of non-admission of them, is not a 
sufficient traverse of them.

(4)	Where an allegation made in a statement of claim or 
counterclaim is traversed by a denial, the party who denies the allegation 
shall in his defence or defence to counterclaim-

        (a)	state his reasons for doing so; and

        (b)	if he intends to put forward a different version of events from 
that given by the claimant, state his own version.  (L.N. 153 of 2008)

(5)	A party who-

        (a)	fails to deal with an allegation; but

        (b)	has set out in his defence or defence to counterclaim the 
nature of his case in relation to the issue to which that allegation is 
relevant,
is to be taken to require that allegation to be proved.  (L.N. 153 of 2008)
(L.N. 153 of 2008)

14.	Non-admission by joinder of issue (O. 18, r. 14)
(L.N. 153 of 2008)


(1)	If there is no reply to a defence, there is an implied joinder 
of issue on that defence.

(2)	Subject to paragraph (3)-

        (a)	there is at the close of pleadings an implied joinder of issue 
on the pleading last served; and

        (b)	a party may in his pleading expressly join issue on the next 
preceding pleading.

(3)	There can be no joinder of issue, implied or expressed, on a 
statement of claim or counterclaim.

(4)	A joinder of issue operates as a non-admission of every 
material allegation of fact made in the pleading on which there is an 
implied or express joinder of issue unless, in the case of an express 
joinder of issue, any such allegation is excepted from the joinder and is 
stated to be admitted, in which case the express joinder of issue operates 
as a non-admission of every other such allegation.  (L.N. 153 of 2008)

15.	Statement of claim (O. 18, r. 15)


(1)	A statement of claim must state specifically the relief or 
remedy which the plaintiff claims; but costs need not be specifically 
claimed.

(2)	A statement of claim must not contain any allegation or claim 
in respect of a cause of action unless that cause of action is mentioned 
in the writ or arises from facts which are the same as, or include or form 
part of, facts giving rise to a cause of action so mentioned; but subject 
to that, a plaintiff may in his statement of claim alter, modify or extend 
any claim made by him in the endorsement of the writ without amending the 
endorsement.

(3)	Every statement of claim must bear on its face a statement of 
the date on which the writ in the action was issued.

16.	Defence of tender (O. 18, r. 16)

Where in any action a defence of tender before action is pleaded, the 
defendant must pay into court in accordance with Order 22 the amount 
alleged to have been tendered, and the tender shall not be available as a 
defence unless and until payment into court has been made.

17.	Defence of set-off (O. 18, r. 17)

Where a claim by a defendant to a sum of money (whether of an ascertained 
amount or not) is relied on as a defence to the whole or part of a claim 
made by the plaintiff, it may be included in the defence and set-off 
against the plaintiff's claim, whether or not it is also added as a 
counterclaim.

18.	Counterclaim and defence to counterclaim
	(O. 18, r. 18)

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-

        (a)	rules 12(1A), (1B) and (1C) and 15(1) shall apply to a 
counterclaim as if the counterclaim were a statement of claim and the 
defendant making it a plaintiff;

        (b)	rules 8(2), 16 and 17 shall, with the necessary modifications, 
apply to a defence to counterclaim as they apply to a defence.

19.	Striking out pleadings and indorsements (O. 18, r. 19)


(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. 153 of 2008)

        (a)	it discloses no reasonable cause of action or defence, as the 
case may be; or

        (b)	it is scandalous, frivolous or vexatious; or

        (c)	it may prejudice, embarrass or delay the fair trial of the 
action; or

        (d)	it is otherwise an abuse of the process of the Court,
and may order the action to be stayed or dismissed or judgment to be 
entered accordingly, as the case may be.

(2)	No evidence shall be admissible on an application under 
paragraph (1)(a).

(3)	This rule shall, so far as applicable, apply to an originating 
summons and a petition as if the summons or petition, as the case may be, 
were a pleading.  (L.N. 153 of 2008)

20.	Close of pleadings (O. 18, r. 20)


(1)	The pleadings in an action are deemed to be closed-

        (a)	at the expiration of 14 days after service of the reply or, if 
there is no reply but only a defence to counterclaim, after service of the 
defence to counterclaim; or

        (b)	if neither a reply nor a defence to counterclaim is served, at 
the expiration of 28 days after service of the defence.  (L.N. 153 of 2008)

(2)	The pleadings in an action are deemed to be closed at the time 
provided by paragraph (1) notwithstanding that any request or order for 
particulars has been made but has not been complied with at that time.

20A.	Pleading, etc. to be verified by statement
	of truth (O. 18, r. 20A)


(1)	A pleading and the particulars of a pleading specified in 
paragraph (2) must be verified by a statement of truth in accordance with 
Order 41A.

(2)	The particulars of a pleading referred to in paragraph (1) are 
the particulars given by a party to any other party, whether voluntarily 
or pursuant to-

        (a)	a request made by that other party; or

        (b)	an order of the Court made under rule 12(3) or (4).
(L.N. 153 of 2008)

21.	Trial without pleadings (O. 18, r. 21)


(1)	Where in an action to which this rule applies any defendant has 
given notice of intention to defend in the action, the plaintiff or that 
defendant may apply to the Court by summons for an order that the action 
shall be tried without pleadings or further pleadings, as the case may be.

(2)	If, on the hearing of an application under this rule or at any 
stage of the proceedings of its own motion, the Court is satisfied that 
the issues in dispute between the parties can be defined without pleadings 
or further pleadings, or that for any other reason the action can properly 
be tried without pleadings or further pleadings, as the case may be, the 
Court shall order the action to be so tried, and may direct the parties to 
prepare a statement of the issues in dispute or, if the parties are unable 
to agree such a statement, may settle the statement itself.

(3)	Where the Court makes an order under paragraph (2), it shall, 
and where it dismisses an application for such an order, it may, give such 
directions as to the further conduct of the action as may be appropriate, 
and Order 25, rules 5 to 10-  (L.N. 153 of 2008)

        (a)	with the omission of so much of rule 10(1) as requires parties 
to serve a notice specifying the orders and directions which they require; 
and

        (b)	with any other necessary modifications,
apply as if the application under this rule were a case management 
summons.  (L.N. 153 of 2008)

(4)	This rule applies to every action begun by writ other than one 
which includes-

        (a)	a claim by the plaintiff for libel, slander, malicious 
prosecution or false imprisonment; or

        (b)	a claim by the plaintiff based on an allegation of fraud.

22.	Framing of issues (O. 18, r. 22)

At any stage of the proceedings the Court may direct the parties to 
prepare a statement of the issues in dispute or, if the parties are unable 
to agree the statement, may settle the statement itself.
(L.N. 217 of 2000)

23.	Transitional provision relating to
	rule 42 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 42 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 42 of the Amendment Rules 2008 had not been 
made.
(L.N. 153 of 2008)

24.	Transitional provision relating to rules 45
	and 46 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 45 and 46 of the 
Amendment Rules 2008 do not apply-

        (a)	in relation to the service of the defence and the reply to that 
defence; and

        (b)	if a counterclaim has been served on the plaintiff, in relation 
to the service of the defence to the counterclaim,
and rules 2 and 3 as in force immediately before the commencement continue 
to apply as if rules 45 and 46 of the Amendment Rules 2008 had not been 
made.
(L.N. 153 of 2008)
___________________________________________________________________________
______________
Note:
*	Commencement day: 2 April 2009.
"medical report" (醫學報告)
"a statement of the special damages claimed" (關於所申索的專項損害賠償的陳述書)


THE RULES OF THE DISTRICT COURT - ORDER 18
PLEADINGS VerDate:01/09/2000



1.	Service of statement of claim (O. 18, r. 1)

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 2 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)


(1)	Subject to paragraphs (2) and (3), a defendant who gives notice 
of intention to defend an action must, unless the Court gives leave to the 
contrary, serve a defence on every other party to the action who may be 
affected thereby before the expiration of 14 days after the time limited 
for acknowledging service of the writ or after the statement of claim is 
served on him, whichever is the later.  (L.N. 217 of 2000)

(2)	If a summons under Order 14, rule 1, or under Order 86, rule 1, 
is served on a defendant before he serves his defence, paragraph (1) shall 
not have effect in relation to him unless by the order made on the summons 
he is given leave to defend the action and, in that case, shall have 
effect as if it required him to serve his defence within 14 days after the 
making of the order or within such other period as may be specified 
therein.

(3)	Where an application is made by a defendant under Order 12, 
rule 8(1), paragraph (1) shall not have effect in relation to him unless 
the application is dismissed or no order is made on the application and, 
in that case, shall have effect as if it required him to serve his defence 
within 14 days after the final determination of the application or within 
such other period as may be specified by the Court.

3.	Service of reply and defence to 
	counterclaim (O. 18, r. 3)


(1)	A plaintiff on whom a defendant serves a defence must serve a 
reply on that defendant if it is needed for compliance with rule 8; and if 
no reply is served, rule 14(1) will apply.

(2)	A plaintiff on whom a defendant serves a counterclaim must, if 
he intends to defend it, serve on that defendant a defence to counterclaim.

(3)	Where a plaintiff serves both a reply and a defence to 
counterclaim on any defendant, he must include them in the same document.

(4)	A reply to any defence must be served by the plaintiff before 
the expiration of 14 days after the service on him of that defence, and a 
defence to counterclaim must be served by the plaintiff before the 
expiration of 14 days after the service on him of the counterclaim to 
which it relates.

4.	Pleadings subsequent to reply (O. 18, r. 4)

No pleading subsequent to a reply or a defence to counterclaim shall be 
served except with the leave of the Court.

5A.	Filing of pleadings and originating process 
	(O. 18, r. 5A)


(1)	Subject to Order 3, rule 5(3) and subject to this rule, every 
pleading and originating process shall be filed in the Registry within the 
time during which that pleading or originating process may be served by 
him on any other party.

(2)	A party may apply to the Court for further time to file a 
pleading or originating process on a summons stating the further time 
required.

(3)	If a party fails to file a pleading or originating process 
within the time allowed under paragraph (1) or further time allowed under 
paragraph (2), he shall not be at liberty to file that pleading or 
originating process without the leave of the Court.

6.	Pleadings: formal requirements (O. 18, r. 6)


(1)	Every pleading in an action must bear on its face-

        (a)	the year in which the writ in the action was issued and the 
number of the action;

        (b)	the title of the action;

        (d)	the description of the pleading; and

        (e)	the date on which it was served.

(2)	Every pleading must, if necessary, be divided into paragraphs 
numbered consecutively, each allegation being so far as convenient 
contained in a separate paragraph.

(3)	Dates, sums and other numbers must be expressed in a pleading 
in figures and not in words.

(4)	Every pleading must be indorsed-

        (a)	where the party sues or defends in person, with his name and 
address;

        (b)	in any other case, with the name or firm and business address 
of the solicitor by whom it was served, and also (if the solicitor is the 
agent of another) the name or firm and business address of his principal.

(5)	Every pleading must be signed by counsel, if settled by him, 
and, if not, by the party's solicitor or by the party, if he sues or 
defends in person.

7.	Facts, not evidence, to be pleaded (O. 18, r. 7)


(1)	Subject to this rule and rules 7A, 10, 11 and 12, every 
pleading must contain, and contain only, a statement in a summary form of 
the material facts on which the party pleading relies for his claim or 
defence, as the case may be, but not the evidence by which those facts are 
to be proved, and the statement must be as brief as the nature of the case 
admits.

(2)	Without prejudice to paragraph (1), the effect of any document 
or the purport of any conversation referred to in the pleading must, if 
material, be briefly stated, and the precise words of the document or 
conversation must not be stated, except in so far as those words are 
themselves material.

(3)	A party need not plead any fact if it is presumed by law to be 
true or the burden of disproving it lies on the other party, unless the 
other party has specifically denied it in his pleading.

(4)	A statement that a thing has been done or that an event has 
occurred, being a thing or event the doing or occurrence of which, as the 
case may be, constitutes a condition precedent necessary for the case of a 
party is to be implied in his pleading.

7A.	Conviction, etc., to be adduced in evidence: 
	matters to be pleaded (O. 18, r. 7A)


(1)	If in any action which is to be tried with pleadings any party 
intends, in reliance on section 62 of the Evidence Ordinance (Cap 8) 

        (convictions as evidence in civil proceedings) to adduce evidence that a 
person was convicted of an offence by or before a court in Hong Kong, he 
must include in his pleading a statement of his intention with particulars 
of-

        (a)	the conviction and the date thereof;

        (b)	the court which made the conviction; and

        (c)	the issue in the proceedings to which the conviction is 
relevant.

(2)	If in any action which is to be tried with pleadings any party 
intends, in reliance on section 63 of the Evidence Ordinance (Cap 8) 

        (findings of adultery as evidence in civil proceedings) to adduce evidence 
that a person was found guilty of adultery in matrimonial proceedings, he 
must include in his pleading a statement of his intention with particulars 
of-

        (a)	the finding and the date thereof;

        (b)	the court which made the finding and the proceedings in which 
it was made; and

        (c)	the issue in the proceedings to which the finding is relevant.

(3)	Where a party's pleading includes such a statement as is 
mentioned in paragraph (1) or (2), then if the opposite party-

        (a)	denies the conviction or finding of adultery to which the 
statement relates; or

        (b)	alleges that the conviction or finding was erroneous; or

        (c)	denies that the conviction or finding is relevant to any issue 
in the proceedings,
he must make the denial or allegation in his pleading.

8.	Matters which must be specifically pleaded 
	(O. 18, r. 8)


(1)	A party must in any pleading subsequent to a statement of claim 
plead specifically any matter, for example, performance, release, any 
relevant statute of limitation, fraud or any fact showing illegality-

        (a)	which he alleges makes any claim or defence of the opposite 
party not maintainable; or

        (b)	which, if not specifically pleaded, might take the opposite 
party by surprise; or

        (c)	which raises issues of fact not arising out of the preceding 
pleading.

(2)	Without prejudice to paragraph (1), a defendant to an action 
for recovery of land must plead specifically every ground of defence on 
which he relies, and a plea that he is in possession of the land by 
himself or his tenant is not sufficient.

(3)	A claim for exemplary damages or for provisional damages must 
be specifically pleaded together with the facts on which the party 
pleading relies.

(4)	A party must plead specifically any claim for interest under 
section 49 of the Ordinance or otherwise.

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)	A party shall not in any pleading make any allegation of fact, 
or raise any new ground of claim, inconsistent with a previous pleading of 
his.

(2)	Paragraph (1) shall not be taken as prejudicing the right of a 
party to amend, or apply for leave to amend, his previous pleading so as 
to plead the allegations or claims in the alternative.

11.	Points of law may be pleaded (O. 18, r. 11)

A party may by his pleading raise any point of law.

12.	Particulars of pleading (O. 18, r. 12)


(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-

        (a)	particulars of any misrepresentation, fraud, breach of trust, 
wilful default or undue influence on which the party pleading relies;

        (b)	where a party pleading alleges any condition of the mind of any 
person, whether any disorder or disability of mind or any malice, 
fraudulent intention or other condition of mind except knowledge, 
particulars of the facts on which the party relies; and

        (c)	where a claim for damages is made against a party pleading, 
particulars of any facts on which the party relies in mitigation of, or 
otherwise in relation to, the amount of damages.

(1A)	Subject to paragraph (1B), a plaintiff in an action for 
personal injuries shall serve with his statement of claim-

        (a)	a medical report; and

        (b)	a statement of the special damages claimed.

(1B)	Where the documents to which paragraph (1A) applies are not 
served with the statement of claim, the Court may-

        (a)	specify the period of time within which they are to be 
provided; or

        (b)	make such other order as it thinks fit (including an order 
dispensing with the requirements of paragraph (1A) or staying the 
proceedings).

(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).

(2)	Where it is necessary to give particulars of debt, expenses or 
damages and those particulars exceed 3 folios, they must be set out in a 
separate document referred to in the pleading and the pleading must state 
whether the document has already been served, and, if so, when, or is to 
be served with the pleading.

(3)	The Court may order a party to serve on any other party 
particulars of any claim, defence or other matter stated in his pleading, 
or in any affidavit of his ordered to stand as a pleading, or a statement 
of the nature of the case on which he relies, and the order may be made on 
such terms as the Court thinks just.

(4)	Where a party alleges as a fact that a person had knowledge or 
notice of some fact, matter or thing, then, without prejudice to the 
generality of paragraph (3), the Court may, on such terms as it thinks 
just, order that party to serve on any other party-

        (a)	where he alleges knowledge, particulars of the facts on which 
he relies; and

        (b)	where he alleges notice, particulars of the notice.

(5)	An order under this rule shall not be made before service of 
the defence unless, in the opinion of the Court, the order is necessary or 
desirable to enable the defendant to plead or for some other special 
reason.

(6)	Where the applicant for an order under this rule did not apply 
by letter for the particulars he requires, the Court may refuse to make 
the order unless of opinion that there were sufficient reasons for an 
application by letter not having been made.

(7)	Where particulars are given pursuant to a request, or order of 
the Court, the request or order shall be incorporated with the 
particulars, each item of the particulars following immediately after the 
corresponding item of the request or order.

13.	Admissions and denials (O. 18, r. 13)


(1)	Any allegation of fact made by a party in his pleading is 
deemed to be admitted by the opposite party unless it is traversed by that 
party in his pleading or a joinder of issue under rule 14 operates as a 
denial of it.

(2)	A traverse may be made either by a denial or by a statement of 
non-admission and either expressly or by necessary implication.

(3)	Every allegation of fact made in a statement of claim or 
counterclaim which the party on whom it is served does not intend to admit 
must be specifically traversed by him in his defence or defence to 
counterclaim, as the case may be; and a general denial of such 
allegations, or a general statement of non-admission of them, is not a 
sufficient traverse of them.

14.	Denial by joinder of issue (O. 18, r. 14)


(1)	If there is no reply to a defence, there is an implied joinder 
of issue on that defence.

(2)	Subject to paragraph (3)-

        (a)	there is at the close of pleadings an implied joinder of issue 
on the pleading last served; and

        (b)	a party may in his pleading expressly join issue on the next 
preceding pleading.

(3)	There can be no joinder of issue, implied or expressed, on a 
statement of claim or counterclaim.

(4)	A joinder of issue operates as a denial of every material 
allegation of fact made in the pleading on which there is an implied or 
express joinder of issue unless, in the case of an express joinder of 
issue, any such allegation is excepted from the joinder and is stated to 
be admitted, in which case the express joinder of issue operates as a 
denial of every other such allegation.

15.	Statement of claim (O. 18, r. 15)


(1)	A statement of claim must state specifically the relief or 
remedy which the plaintiff claims; but costs need not be specifically 
claimed.

(2)	A statement of claim must not contain any allegation or claim 
in respect of a cause of action unless that cause of action is mentioned 
in the writ or arises from facts which are the same as, or include or form 
part of, facts giving rise to a cause of action so mentioned; but subject 
to that, a plaintiff may in his statement of claim alter, modify or extend 
any claim made by him in the endorsement of the writ without amending the 
endorsement.

(3)	Every statement of claim must bear on its face a statement of 
the date on which the writ in the action was issued.

16.	Defence of tender (O. 18, r. 16)

Where in any action a defence of tender before action is pleaded, the 
defendant must pay into court in accordance with Order 22 the amount 
alleged to have been tendered, and the tender shall not be available as a 
defence unless and until payment into court has been made.

17.	Defence of set-off (O. 18, r. 17)

Where a claim by a defendant to a sum of money (whether of an ascertained 
amount or not) is relied on as a defence to the whole or part of a claim 
made by the plaintiff, it may be included in the defence and set-off 
against the plaintiff's claim, whether or not it is also added as a 
counterclaim.

18.	Counterclaim and defence to counterclaim 
	(O. 18, r. 18)

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-

        (a)	rules 12(1A), (1B) and (1C) and 15(1) shall apply to a 
counterclaim as if the counterclaim were a statement of claim and the 
defendant making it a plaintiff;

        (b)	rules 8(2), 16 and 17 shall, with the necessary modifications, 
apply to a defence to counterclaim as they apply to a defence.

19.	Striking out pleadings and indorsements (O. 18, r. 19)


(1)	The Court may 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-

        (a)	it discloses no reasonable cause of action or defence, as the 
case may be; or

        (b)	it is scandalous, frivolous or vexatious; or

        (c)	it may prejudice, embarrass or delay the fair trial of the 
action; or

        (d)	it is otherwise an abuse of the process of the Court,
and may order the action to be stayed or dismissed or judgment to be 
entered accordingly, as the case may be.

(2)	No evidence shall be admissible on an application under 
paragraph (1)(a).

(3)	This rule shall, so far as applicable, apply to an originating 
summons as if the summons were a pleading.

20.	Close of pleadings (O. 18, r. 20)


(1)	The pleadings in an action are deemed to be closed-

        (a)	at the expiration of 14 days after service of the reply or, if 
there is no reply but only a defence to counterclaim, after service of the 
defence to counterclaim; or

        (b)	if neither a reply nor a defence to counterclaim is served, at 
the expiration of 14 days after service of the defence.

(2)	The pleadings in an action are deemed to be closed at the time 
provided by paragraph (1) notwithstanding that any request or order for 
particulars has been made but has not been complied with at that time.

21.	Trial without pleadings (O. 18, r. 21)


(1)	Where in an action to which this rule applies any defendant has 
given notice of intention to defend in the action, the plaintiff or that 
defendant may apply to the Court by summons for an order that the action 
shall be tried without pleadings or further pleadings, as the case may be.

(2)	If, on the hearing of an application under this rule or at any 
stage of the proceedings of its own motion, the Court is satisfied that 
the issues in dispute between the parties can be defined without pleadings 
or further pleadings, or that for any other reason the action can properly 
be tried without pleadings or further pleadings, as the case may be, the 
Court shall order the action to be so tried, and may direct the parties to 
prepare a statement of the issues in dispute or, if the parties are unable 
to agree such a statement, may settle the statement itself.

(3)	Where the Court makes an order under paragraph (2), it shall, 
and where it dismisses an application for such an order, it may, give 
directions as to the future conduct of the action, and Order 23A, rules 9 
to 13, shall apply as if the Court were conducting a directions hearing 
under that Order.  

(4)	This rule applies to every action begun by writ other than one 
which includes-

        (a)	a claim by the plaintiff for libel, slander, malicious 
prosecution or false imprisonment; or

        (b)	a claim by the plaintiff based on an allegation of fraud.

22.	Framing of issues (O. 18, r. 22)

At any stage of the proceedings the Court may direct the parties to 
prepare a statement of the issues in dispute or, if the parties are unable 
to agree the statement, may settle the statement itself.
(L.N. 217 of 2000)
"medical report" (醫學報告)
"a statement of the special damages claimed" (關於所申索的專項損害賠償的陳述書)


THE RULES OF THE DISTRICT COURT - ORDER 19
DEFAULT OF PLEADINGS VerDate:01/09/2000



1.	Default in service of statement of claim (O. 19, r. 1)

Where the plaintiff is required by these Rules to serve a statement of 
claim on a defendant and he fails to serve it on him, the defendant may, 
after the expiration of the period fixed by or under these Rules for 
service of the statement of claim, apply to the Court for an order to 
dismiss the action, and the Court may by order dismiss the action or make 
such other order on such terms as it thinks just.

2.	Default of defence: claim for liquidated demand 
	(O. 19, r. 2)


(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 Appendix 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.

3.	Default of defence: claim for unliquidated damages (O. 19, r. 3)

Where the plaintiff's claim against a defendant is for unliquidated 
damages 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 interlocutory 
judgment against that defendant for damages to be assessed and costs, and 
proceed with the action against the other defendants, if any.  (See 
Appendix A, Form 40)

4.	Default of defence: claim in detinue (O. 19, r. 4)


(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-

        (a)	at his option enter either-

        (i)	interlocutory judgment against that defendant for delivery of 
the goods or their value to be assessed and costs; or

        (ii)	interlocutory judgment for the value of the goods to be 
assessed and costs; or

        (b)	apply by summons for judgment against that defendant for 
delivery of the goods without giving him the alternative of paying their 
assessed value,
and in any case proceed with the action against the other defendants, if 
any.  (See Appendix 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)


(1)	Where the plaintiff's claim against a defendant is for 
possession of land 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, 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 for costs, and proceed with the action 
against the other defendants, if any.  (See Appendix 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.

6.	Default of defence: mixed claims (O. 19, r. 6)

Where the plaintiff makes against a defendant 2 or more of the claims 
mentioned in rules 2 to 5, and no other claim, 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 against that defendant such judgment in respect of any such 
claim as he would be entitled to enter under those rules if that were the 
only claim made, and proceed with the action against the other defendants, 
if any.  

7.	Default of defence: other claims (O. 19, r. 7)


(1)	Where the plaintiff makes against a defendant or defendants a 
claim of a description not mentioned in rules 2 to 5, then, if the 
defendant or all the defendants (where there is more than one) fails or 
fail 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, apply to the Court for judgment, and on the hearing of the 
application the Court shall give such judgment as the plaintiff appears 
entitled to on his statement of claim.  

(2)	Where the plaintiff makes such a claim as is mentioned in 
paragraph (1) against more than one defendant, then, if one of the 
defendants makes default as mentioned in that paragraph, the plaintiff may-

        (a)	if his claim against the defendant in default is severable from 
his claim against the other defendants, apply under that paragraph for 
judgment against that defendant, and proceed with the action against the 
other defendants; or

        (b)	set down the action for judgment against the defendant at the 
time when the action is set down for trial, or is set down for judgment, 
against the other defendants.

(3)	An application under paragraph (1) must be by summons.

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 counterclaim, 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.  

8A.	Notice of intention to enter judgment (O. 19, r. 8A)


(1)	No party shall enter judgment under the provisions of this 
Order against a party who has filed an acknowledgment of service giving 
notice of intention to defend, or on a counterclaim, unless-

        (a)	after such acknowledgment of service or counterclaim has been 
filed, and not less than 2 clear days before entering judgment, the party 
intending to enter judgment has served notice in writing of his intention 
to do so on the party against whom judgment is sought or, if that party is 
legally represented, on his solicitor;

        (b)	evidence of such service by way of affidavit has been filed in 
the Court.

(2)	This rule shall not apply where-

        (a)	the Court has made an order prescribing or extending the time 
for service of defence or defence to counterclaim; or

        (b)	the party against whom it is sought to enter judgment does not 
have a solicitor of record in the proceedings and has failed to state an 
address within the jurisdiction in the proceedings at which he can be 
served.

9.	Setting aside judgment (O. 19, r. 9)

The Court may, on such terms as it thinks just, set aside or vary any 
judgment entered in pursuance of this Order.



THE RULES OF THE DISTRICT COURT - ORDER 20
AMENDMENT VerDate:02/04/2009



1.	Amendment of writ without leave (O. 20, r. 1)


(1)	Subject to paragraph (3), the plaintiff may, without the leave 
of the Court, amend the writ once at any time before the pleadings in the 
action begun by the writ are deemed to be closed.

(2)	Where a writ is amended under this rule after service thereof, 
then, unless the Court otherwise directs on an application made ex parte, 
the amended writ must be served on each defendant to the action.

(3)	This rule shall not apply in relation to an amendment which 
consists of-

        (a)	the addition, omission or substitution of a party to the action 
or an alteration of the capacity in which a party to the action sues or is 
sued; or

        (b)	the addition or substitution of a new cause of action; or

        (c)	(without prejudice to rule 3(1)) an amendment of the statement 
of claim (if any) indorsed on the writ,
unless the amendment is made before service of the writ on any party to 
the action.

2.	Amendment of acknowledgment of service
	(O. 20, r. 2)


(1)	Subject to paragraph (2), a party may not amend his 
acknowledgment of service without leave of the Court.

(2)	A party whose acknowledgment of service contains a statement to 
the effect that-

        (a)	he does; or

        (b)	he does not,
intend to contest the proceedings to which the acknowledgment relates may, 
without the leave of the Court, amend the acknowledgment by substituting 
for that statement a statement to the opposite effect, provided that in a 
case falling under subparagraph (b) the amendment is made before judgment 
has been obtained in the proceedings.

(3)	Where an acknowledgment of service is authorized to be amended 
under this rule, a fresh acknowledgment, amended as so authorized, must be 
handed in at or sent by post to the Registry, and Order 12, rule 4, shall 
apply.

3.	Amendment of pleadings without leave (O. 20, r. 3)


(1)	A party may, without the leave of the Court, amend any pleading 
of his once at any time before the pleadings are deemed to be closed and, 
where he does so, he must serve the amended pleading on the opposite party.

(2)	Where an amended statement of claim is served on a defendant-

        (a)	the defendant, if he has already served a defence on the 
plaintiff, may amend his defence; and

        (b)	the period for service of his defence or amended defence, as 
the case may be, shall be either the period fixed by or under these Rules 
for service of his defence or a period of 14 days after the amended 
statement of claim is served on him, whichever expires later.

(3)	Where an amended defence is served on the plaintiff by a 
defendant-

        (a)	the plaintiff, if he has already served a reply on that 
defendant, may amend his reply; and

        (b)	the period for service of his reply or amended reply, as the 
case may be, shall be 14 days after the amended defence is served on him.

(4)	In paragraphs (2) and (3) references to a defence and a reply 
include references to a counterclaim and a defence to counterclaim 
respectively.

(5)	Where an amended counterclaim is served by a defendant on a 
party (other than the plaintiff) against whom the counterclaim is made, 
paragraph (2) shall apply as if the counterclaim were a statement of claim 
and as if the party by whom the counterclaim is made were the plaintiff 
and the party against whom it is made a defendant.

(6)	Where a party has pleaded to a pleading which is subsequently 
amended and served on him under paragraph (1), then, if that party does 
not amend his pleading under the foregoing provisions of this rule, he 
shall be taken to reply on it in answer to the amended pleading, and Order 
18, rule 14(2), shall have effect in such a case as if the amended 
pleading had been served at the time when that pleading, before its 
amendment under paragraph (1), was served.

4.	Application for disallowance of amendment
	made without leave (O. 20, r. 4)


(1)	Within 14 days after the service on a party of a writ amended 
under rule 1(1) or of a pleading amended under rule 3(1), that party may 
apply to the Court to disallow the amendment.

(2)	Where the Court hearing an application under this rule is 
satisfied that if an application for leave to make the amendment in 
question had been made under rule 5 at the date when the amendment was 
made under rule 1(1) or 3(1) leave to make the amendment or part of the 
amendment would have been refused, it shall order the amendment or that 
part to be struck out.

(3)	Any order made on an application under this rule may be made on 
such terms as to costs or otherwise as the Court thinks just.

5.	Amendment of writ or pleading with leave
	(O. 20, r. 5)


(1)	Subject to Order 15, rules 6, 7 and 8 and this rule, the Court 
may at any stage of the proceedings allow the plaintiff to amend his writ, 
or any party to amend his pleadings, on such terms as to costs or 
otherwise as may be just and in such manner (if any) as it may direct.

(2)	Where an application to the Court for leave to make the 
amendment mentioned in paragraph (3), (4) or (5) is made after any 
relevant period of limitation current at the date of issue of the writ has 
expired, the Court may nevertheless grant such leave in the circumstances 
mentioned in those paragraphs if it thinks it just to do so.

(3)	An amendment to correct the name of a party may be allowed 
under paragraph (2) notwithstanding that it is alleged that the effect of 
the amendment will be to substitute a new party if the Court is satisfied 
that the mistake sought to be corrected was a genuine mistake and was not 
misleading or such as to cause any reasonable doubt as to the identity of 
the person intending to sue or, as the case may be, intended to be sued.

(4)	An amendment to alter the capacity in which a party sues may be 
allowed under paragraph (2) if the new capacity is one which that party 
had at the date of the commencement of the proceedings or has since 
acquired.

(5)	An amendment may be allowed under paragraph (2) notwithstanding 
that the effect of the amendment will be to add or substitute a new cause 
of action if the new cause of action arises out of the same facts or 
substantially the same facts as a cause of action in respect of which 
relief has already been claimed in the action by the party applying for 
leave to make the amendment.

7.	Amendment of originating summons, etc. (O. 20, r. 7)
(L.N. 153 of 2008)

Rule 5 shall have effect in relation to an originating summons, a petition 
and an originating notice or motion as it has effect in relation to a writ.
(L.N. 153 of 2008)

8.	Amendment of pleading and certain other documents (O. 20, r. 8)
(L.N. 153 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. 153 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. 153 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. 153 of 2008)

(2)	Paragraph (1) is subject to any directions given by the Court.  
(L.N. 153 of 2008)

10.	Mode of amendment of writ, etc. (O. 20, r. 10)


(1)	Where the amendments authorized under any rule of this Order to 
be made in a writ, pleading or other document are so numerous or of such 
nature or length that to make written alterations of the document so as to 
give effect to them would make it difficult or inconvenient to read, a 
fresh document, amended as so authorized, must be prepared and, in the 
case of a writ or originating summons, re-issued, but, except as aforesaid 
and subject to any direction given under rule 5 or 8, the amendments so 
authorized may be effected by making in writing the necessary alterations 
of the document and in the case of a writ or originating summons, causing 
it to be resealed and filing a copy.

(2)	A writ, pleading or other document which has been amended under 
this Order must be indorsed with a statement that it has been amended, 
specifying the date on which it was amended, the name of the judge or 
master by whom the order (if any) authorizing the amendment was made and 
the date thereof, or, if no such order 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.

12.	Amendment of pleadings by agreement (O. 20, r. 12)


(1)	Notwithstanding the foregoing provisions of this Order any 
pleading in any cause or matter may, by written agreement between the 
parties, be amended at any stage of the proceedings.

(1A)	Order 18, rule 5A, shall apply to a pleading amended under 
this rule as if, for the period referred to in paragraph (1) of that rule, 
there were substituted the period of 7 days after the date of the written 
agreement referred to in paragraph (1) of this rule or the day immediately 
preceding the trial of the cause or matter, whichever be the earlier.

(2)	This rule shall not have effect in relation to an amendment 
which consists of the addition, omission or substitution of a party.

13.	Amendment of pleadings or particulars of
	pleadings to be verified by statement of
	truth (O. 20, r. 13)


(1)	An amendment to a pleading or to the particulars of a pleading 
specified in paragraph (2) must be verified by a statement of truth in 
accordance with Order 41A.

(2)	The particulars of a pleading referred to in paragraph (1) are 
the particulars given by a party to any other party, whether voluntarily 
or pursuant to-

        (a)	a request made by that other party; or

        (b)	an order of the Court made under Order 18, rule 12(3) or (4).
(L.N. 153 of 2008)



THE RULES OF THE DISTRICT COURT - ORDER 20
AMENDMENT VerDate:01/09/2000



1.	Amendment of writ without leave (O. 20, r. 1)


(1)	Subject to paragraph (3), the plaintiff may, without the leave 
of the Court, amend the writ once at any time before the pleadings in the 
action begun by the writ are deemed to be closed.

(2)	Where a writ is amended under this rule after service thereof, 
then, unless the Court otherwise directs on an application made ex parte, 
the amended writ must be served on each defendant to the action.

(3)	This rule shall not apply in relation to an amendment which 
consists of-

        (a)	the addition, omission or substitution of a party to the action 
or an alteration of the capacity in which a party to the action sues or is 
sued; or

        (b)	the addition or substitution of a new cause of action; or

        (c)	(without prejudice to rule 3(1)) an amendment of the statement 
of claim (if any) indorsed on the writ,
unless the amendment is made before service of the writ on any party to 
the action.

2.	Amendment of acknowledgment of service 
	(O. 20, r. 2)


(1)	Subject to paragraph (2), a party may not amend his 
acknowledgment of service without leave of the Court.

(2)	A party whose acknowledgment of service contains a statement to 
the effect that-

        (a)	he does; or

        (b)	he does not,
intend to contest the proceedings to which the acknowledgment relates may, 
without the leave of the Court, amend the acknowledgment by substituting 
for that statement a statement to the opposite effect, provided that in a 
case falling under subparagraph (b) the amendment is made before judgment 
has been obtained in the proceedings.

(3)	Where an acknowledgment of service is authorized to be amended 
under this rule, a fresh acknowledgment, amended as so authorized, must be 
handed in at or sent by post to the Registry, and Order 12, rule 4, shall 
apply.

3.	Amendment of pleadings without leave (O. 20, r. 3)


(1)	A party may, without the leave of the Court, amend any pleading 
of his once at any time before the pleadings are deemed to be closed and, 
where he does so, he must serve the amended pleading on the opposite party.

(2)	Where an amended statement of claim is served on a defendant-

        (a)	the defendant, if he has already served a defence on the 
plaintiff, may amend his defence; and

        (b)	the period for service of his defence or amended defence, as 
the case may be, shall be either the period fixed by or under these Rules 
for service of his defence or a period of 14 days after the amended 
statement of claim is served on him, whichever expires later.

(3)	Where an amended defence is served on the plaintiff by a 
defendant-

        (a)	the plaintiff, if he has already served a reply on that 
defendant, may amend his reply; and

        (b)	the period for service of his reply or amended reply, as the 
case may be, shall be 14 days after the amended defence is served on him.

(4)	In paragraphs (2) and (3) references to a defence and a reply 
include references to a counterclaim and a defence to counterclaim 
respectively.

(5)	Where an amended counterclaim is served by a defendant on a 
party (other than the plaintiff) against whom the counterclaim is made, 
paragraph (2) shall apply as if the counterclaim were a statement of claim 
and as if the party by whom the counterclaim is made were the plaintiff 
and the party against whom it is made a defendant.

(6)	Where a party has pleaded to a pleading which is subsequently 
amended and served on him under paragraph (1), then, if that party does 
not amend his pleading under the foregoing provisions of this rule, he 
shall be taken to reply on it in answer to the amended pleading, and Order 
18, rule 14(2), shall have effect in such a case as if the amended 
pleading had been served at the time when that pleading, before its 
amendment under paragraph (1), was served.

4.	Application for disallowance of amendment 
	made without leave (O. 20, r. 4)


(1)	Within 14 days after the service on a party of a writ amended 
under rule 1(1) or of a pleading amended under rule 3(1), that party may 
apply to the Court to disallow the amendment.

(2)	Where the Court hearing an application under this rule is 
satisfied that if an application for leave to make the amendment in 
question had been made under rule 5 at the date when the amendment was 
made under rule 1(1) or 3(1) leave to make the amendment or part of the 
amendment would have been refused, it shall order the amendment or that 
part to be struck out.

(3)	Any order made on an application under this rule may be made on 
such terms as to costs or otherwise as the Court thinks just.

5.	Amendment of writ or pleading with leave 
	(O. 20, r. 5)


(1)	Subject to Order 15, rules 6, 7 and 8 and this rule, the Court 
may at any stage of the proceedings allow the plaintiff to amend his writ, 
or any party to amend his pleadings, on such terms as to costs or 
otherwise as may be just and in such manner (if any) as it may direct.

(2)	Where an application to the Court for leave to make the 
amendment mentioned in paragraph (3), (4) or (5) is made after any 
relevant period of limitation current at the date of issue of the writ has 
expired, the Court may nevertheless grant such leave in the circumstances 
mentioned in those paragraphs if it thinks it just to do so.

(3)	An amendment to correct the name of a party may be allowed 
under paragraph (2) notwithstanding that it is alleged that the effect of 
the amendment will be to substitute a new party if the Court is satisfied 
that the mistake sought to be corrected was a genuine mistake and was not 
misleading or such as to cause any reasonable doubt as to the identity of 
the person intending to sue or, as the case may be, intended to be sued.

(4)	An amendment to alter the capacity in which a party sues may be 
allowed under paragraph (2) if the new capacity is one which that party 
had at the date of the commencement of the proceedings or has since 
acquired.

(5)	An amendment may be allowed under paragraph (2) notwithstanding 
that the effect of the amendment will be to add or substitute a new cause 
of action if the new cause of action arises out of the same facts or 
substantially the same facts as a cause of action in respect of which 
relief has already been claimed in the action by the party applying for 
leave to make the amendment.

7.	Amendment of originating summons (O. 20, r. 7)

Rule 5 shall have effect in relation to an originating summons as it has 
effect in relation to a writ.

8.	Amendment of certain other documents (O. 20, r. 8)


(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 any 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.

(2)	This rule shall not have effect in relation to a judgment or 
order.

9.	Failure to amend after order (O. 20, r. 9)

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.

10.	Mode of amendment of writ, etc. (O. 20, r. 10)


(1)	Where the amendments authorized under any rule of this Order to 
be made in a writ, pleading or other document are so numerous or of such 
nature or length that to make written alterations of the document so as to 
give effect to them would make it difficult or inconvenient to read, a 
fresh document, amended as so authorized, must be prepared and, in the 
case of a writ or originating summons, re-issued, but, except as aforesaid 
and subject to any direction given under rule 5 or 8, the amendments so 
authorized may be effected by making in writing the necessary alterations 
of the document and in the case of a writ or originating summons, causing 
it to be resealed and filing a copy.

(2)	A writ, pleading or other document which has been amended under 
this Order must be indorsed with a statement that it has been amended, 
specifying the date on which it was amended, the name of the judge or 
master by whom the order (if any) authorizing the amendment was made and 
the date thereof, or, if no such order 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.

12.	Amendment of pleadings by agreement (O. 20, r. 12)


(1)	Notwithstanding the foregoing provisions of this Order any 
pleading in any cause or matter may, by written agreement between the 
parties, be amended at any stage of the proceedings.

(1A)	Order 18, rule 5A, shall apply to a pleading amended under 
this rule as if, for the period referred to in paragraph (1) of that rule, 
there were substituted the period of 7 days after the date of the written 
agreement referred to in paragraph (1) of this rule or the day immediately 
preceding the trial of the cause or matter, whichever be the earlier.

(2)	This rule shall not have effect in relation to an amendment 
which consists of the addition, omission or substitution of a party.



THE RULES OF THE DISTRICT COURT - ORDER 21
WITHDRAWAL AND DISCONTINUANCE VerDate:02/04/2009



1.	Withdrawal of acknowledgment of service
	(O. 21, r. 1)

A party who has acknowledged service in an action may withdraw the 
acknowledgment at any time with the leave of the Court.

2.	Discontinuance of action, etc., without leave
	(O. 21, r. 2)


(1)	Subject to paragraph (2A) the plaintiff in an action begun by 
writ may, without the leave of the Court, discontinue the action, or 
withdraw any particular claim made by him therein, as against any or all 
of the defendants at any time not later than 14 days after service of the 
defence on him or, if there are 2 or more defendants, of the defence last 
served, by serving a notice to that effect on the defendant concerned.

(2)	Subject to paragraph (2A), a defendant to an action begun by 
writ may, without the leave of the Court-

        (a)	withdraw his defence or any part of it at any time;

        (b)	discontinue a counterclaim, or withdraw any particular claim 
made by him therein, as against any or all of the parties against whom it 
is made, at any time not later than 14 days after service on him of a 
defence to counterclaim or, if the counterclaim is made against 2 or more 
parties, of the defence to counterclaim last served,
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 2 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 2 or more defendants, of such evidence last served, 
by serving a notice to that effect on the defendant concerned.

(3B)	When there are 2 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)


(1)	Except as provided by rule 2, a party may not discontinue an 
action (whether begun by writ or otherwise) or counterclaim, or withdraw 
any particular claim made by him therein, without the leave of the Court, 
and the Court hearing an application for the grant of such leave may order 
the action or counterclaim to be discontinued, or any particular claim 
made therein to be struck out, as against any or all of the parties 
against whom it is brought or made on such terms as to costs, the bringing 
of a subsequent action or otherwise as it thinks just.

(2)	An application for the grant of leave under this rule may be 
made by summons or by notice under Order 25, rule 10.  (L.N. 153 of 2008)

4.	Effect of discontinuance (O. 21, r. 4)

Subject to any terms imposed by the Court in granting leave under rule 3, 
the fact that a party has discontinued an action or counterclaim or 
withdrawn a particular claim made by him therein shall not be a defence to 
a subsequent action for the same, or substantially the same, cause of 
action.

5.	Stay of subsequent action until costs paid
	(O. 21, r. 5)


(1)	Where a party has discontinued an action or counterclaim or 
withdrawn any particular claim made by him therein and he is liable to pay 
any other party's costs of the action or counterclaim or the costs 
occasioned to any other party by the claim withdrawn, then, if, before 
payment of those costs, he subsequently brings an action for the same, or 
substantially the same, cause of action, the Court may order the 
proceedings in that action to be stayed until those costs are paid.

(2)	An application for an order under this rule may be made by 
summons or by notice under Order 25, rule 10.  (L.N. 153 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.



THE RULES OF THE DISTRICT COURT - ORDER 21
WITHDRAWAL AND DISCONTINUANCE VerDate:01/09/2000



1.	Withdrawal of acknowledgment of service 
	(O. 21, r. 1)

A party who has acknowledged service in an action may withdraw the 
acknowledgment at any time with the leave of the Court.

2.	Discontinuance of action, etc., without leave 
	(O. 21, r. 2)


(1)	Subject to paragraph (2A) the plaintiff in an action begun by 
writ may, without the leave of the Court, discontinue the action, or 
withdraw any particular claim made by him therein, as against any or all 
of the defendants at any time not later than 14 days after service of the 
defence on him or, if there are 2 or more defendants, of the defence last 
served, by serving a notice to that effect on the defendant concerned.

(2)	Subject to paragraph (2A), a defendant to an action begun by 
writ may, without the leave of the Court-

        (a)	withdraw his defence or any part of it at any time;

        (b)	discontinue a counterclaim, or withdraw any particular claim 
made by him therein, as against any or all of the parties against whom it 
is made, at any time not later than 14 days after service on him of a 
defence to counterclaim or, if the counterclaim is made against 2 or more 
parties, of the defence to counterclaim last served,
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 2 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 2 or more defendants, of such evidence last served, 
by serving a notice to that effect on the defendant concerned.

(3B)	When there are 2 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)


(1)	Except as provided by rule 2, a party may not discontinue an 
action (whether begun by writ or otherwise) or counterclaim, or withdraw 
any particular claim made by him therein, without the leave of the Court, 
and the Court hearing an application for the grant of such leave may order 
the action or counterclaim to be discontinued, or any particular claim 
made therein to be struck out, as against any or all of the parties 
against whom it is brought or made on such terms as to costs, the bringing 
of a subsequent action or otherwise as it thinks just.

(2)	An application for the grant of leave under this rule may be 
made by summons or by notice under Order 23A, rule 8(2).

4.	Effect of discontinuance (O. 21, r. 4)

Subject to any terms imposed by the Court in granting leave under rule 3, 
the fact that a party has discontinued an action or counterclaim or 
withdrawn a particular claim made by him therein shall not be a defence to 
a subsequent action for the same, or substantially the same, cause of 
action.

5.	Stay of subsequent action until costs paid 
	(O. 21, r. 5)


(1)	Where a party has discontinued an action or counterclaim or 
withdrawn any particular claim made by him therein and he is liable to pay 
any other party's costs of the action or counterclaim or the costs 
occasioned to any other party by the claim withdrawn, then, if, before 
payment of those costs, he subsequently brings an action for the same, or 
substantially the same, cause of action, the Court may order the 
proceedings in that action to be stayed until those costs are paid.

(2)	An application for an order under this rule may be made by 
summons or by notice under Order 23A, rule 8(2).

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.



THE RULES OF THE DISTRICT COURT - ORDER 22
OFFERS TO SETTLE AND PAYMENTS INTO COURT VerDate: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-

        (a)	the whole claim is to be construed as a reference to all the 
claims in their entirety;

        (b)	a part of a claim is to be construed as a reference to any one 
or more of the claims or a part of any one or more of the claims; and

        (c)	an issue arising from a claim is to be construed as a reference 
to an issue arising from one or more of the claims.

2.	Offer to settle with specified
	consequences (O. 22, r. 2)


(1)	A party to an action containing a money claim or a non-money 
claim or both arising from any cause or causes of action may make an offer 
to settle the whole claim, a part of it or any issue arising from it in 
accordance with this Order.

(2)	An offer made under paragraph (1) may take into account any 
counterclaim or set-off in the action.

(3)	An offer made under paragraph (1) has the consequences 
specified in rules 20, 21, 22, 23 and 24 (as may be applicable).

(4)	Nothing in this Order prevents a party from making an offer to 
settle in whatever way he chooses, but if that 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.	Defendant's offer to settle
	(O. 22, r. 3)


(1)	An offer by a defendant 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 or 
a sanctioned payment or both.

(2)	Where an offer by a defendant involves a payment of money to 
the plaintiff, the offer must be made by way of a sanctioned payment.

(3)	A sanctioned payment may only be made after the proceedings 
have commenced.

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)


(1)	A sanctioned offer must be in writing.

(2)	A sanctioned offer may relate to the whole claim or to part of 
it or to any issue arising from it.

(3)	A sanctioned offer must-

        (a)	state whether it relates to the whole claim or to part of it or 
to an issue arising from it and if so to which part or issue;

        (b)	state whether it takes into account any counterclaim or setoff; 
and

        (c)	if it is expressed not to be inclusive of interest, give the 
details relating to interest set out in rule 26(2).

(4)	A defendant may make a sanctioned offer limited to accepting 
liability up to a specified proportion.

(5)	A sanctioned offer may be made by reference to an interim 
payment.

(6)	A sanctioned offer may be made at any time after the 
commencement of the proceedings but may not be made before such 
commencement.

(7)	A sanctioned offer made not less than 28 days before the 
commencement of the trial must provide that after the expiry of 28 days 
from the date the sanctioned offer is made, the offeree may only accept it 
if-

        (a)	the parties agree on the liability for costs; or

        (b)	the Court grants leave to accept it.

(8)	A sanctioned offer made less than 28 days before the 
commencement of the trial must provide that the offeree may only accept it 
if-

        (a)	the parties agree on the liability for costs; or

        (b)	the Court grants leave to accept it.

6.	Service of sanctioned offer
	(O. 22, r. 6)

An offeror shall serve the sanctioned offer-

        (a)	on the offeree; and

        (b)	where the offeree is an aided person, on the Director of Legal 
Aid.

7.	Withdrawal or diminution of
	sanctioned offer (O. 22, r. 7)


(1)	A sanctioned offer made not less than 28 days before the 
commencement of the trial may not be withdrawn or diminished before the 
expiry of 28 days from the date the sanctioned offer is made unless the 
Court grants leave to withdraw or diminish it.

(2)	A sanctioned offer made less than 28 days before the 
commencement of the trial may be withdrawn or diminished if the Court 
grants leave to withdraw or diminish it.

(3)	If there is subsisting an application to withdraw or diminish a 
sanctioned offer, the sanctioned offer may not be accepted unless the 
Court grants leave to accept it.

(4)	If the Court dismisses an application to withdraw or diminish a 
sanctioned offer or grants leave to diminish the sanctioned offer, it may 
by order specify the period within which the sanctioned offer or 
diminished sanctioned offer may be accepted.

(5)	If a sanctioned offer is withdrawn, it does not have the 
consequences specified in this Order.

8.	Notice of sanctioned payment
	(O. 22, r. 8)


(1)	A sanctioned payment may relate to the whole claim or to part 
of it or to an issue arising from it.

(2)	A defendant who makes a sanctioned payment shall file with the 
Court a notice in Form No. 23 in Appendix A, that-

        (a)	states the amount of the payment;

        (b)	states whether the payment relates to the whole claim or to 
part of it or to an issue arising from it and if so to which part or issue 
it relates;

        (c)	states whether it takes into account any counterclaim or set 
off;

        (d)	if an interim payment has been made, states that the interim 
payment has been taken into account;

        (e)	if it is expressed not to be inclusive of interest, gives the 
details relating to interest set out in rule 26(2); and

        (f)	if a sum of money has been paid into court (other than as 
security for costs), states whether the sanctioned payment has taken into 
account that sum of money.

9.	Service of sanctioned payment
	(O. 22, r. 9)

A defendant who makes a sanctioned payment shall-

        (a)	serve the sanctioned payment notice-

        (i)	on the plaintiff; and

        (ii)	where the plaintiff is an aided person, on the Director of 
Legal Aid; and

        (b)	file with the Court a certificate of service of the notice.

10.	Withdrawal or diminution of sanctioned
	payment (O. 22, r. 10)


(1)	A sanctioned payment may not be withdrawn or diminished before 
the expiry of 28 days from the date the sanctioned payment is made unless 
the Court grants leave to withdraw or diminish it.

(2)	If there is subsisting an application to withdraw or diminish a 
sanctioned payment, the sanctioned payment may not be accepted unless the 
Court grants leave to accept it.

(3)	If the Court dismisses an application to withdraw or diminish a 
sanctioned payment or grants leave to diminish the sanctioned payment, it 
may by order specify the period within which the sanctioned payment or 
diminished sanctioned payment may be accepted.

(4)	If a sanctioned payment is withdrawn, it does not have the 
consequences specified in this Order.

11.	Offer to settle claim for provisional
	damages (O. 22, r. 11)


(1)	A defendant may make a sanctioned payment in respect of a claim 
that includes a claim for provisional damages.

(2)	Where the defendant makes a sanctioned payment under paragraph 

(1), the sanctioned payment notice must specify whether or not the 
defendant is offering to agree to the making of an award of provisional 
damages.

(3)	Where the defendant is offering to agree to the making of an 
award of provisional damages, the sanctioned payment notice must also 
state-

        (a)	that the sum paid into court is in satisfaction of the claim 
for damages on the assumption that the injured person will not develop the 
disease or suffer the type of deterioration specified in the notice;

        (b)	that the offer is subject to the condition that the plaintiff 
shall make any claim for further damages within a limited period; and

        (c)	what that period is.

(4)	Where a sanctioned payment is-

        (a)	made in accordance with paragraph (3); and

        (b)	accepted within the relevant period specified in rule 15,
the sanctioned payment has the consequences specified in rule 20, unless 
the Court orders otherwise.

(5)	If the plaintiff accepts the sanctioned payment he must, within 
7 days of doing so, apply to the Court for an order for an award of 
provisional damages under Order 37, rule 8.

(6)	The money in court may not be paid out unless the Court has 
disposed of the application made under paragraph (5).

(7)	In this rule, "provisional damages" (暫定損害賠償) means damages for 
personal injuries that are to be assessed on the assumption that the 
injured person will not develop the disease or suffer the deterioration 
referred to in section 72E of the Ordinance.

12.	Time when sanctioned offer or
	sanctioned payment is made
	and accepted (O. 22, r. 12)


(1)	A sanctioned offer is made when it is served on the offeree.

(2)	A sanctioned payment is made when a sanctioned payment notice 
is served on the offeree.

(3)	An amendment to a sanctioned offer is effective when its 
details are served on the offeree.

(4)	An amendment to a sanctioned payment is effective when notice 
of the amendment is served on the offeree.

(5)	A sanctioned offer or a sanctioned payment is accepted when 
notice of its acceptance is served on the offeror.

13.	Service of notice of acceptance of
	plaintiff's sanctioned offer
	(O. 22, r. 13)


(1)	Where there is more than one defendant, a defendant who serves 
on the plaintiff a notice of acceptance of the plaintiff's sanctioned 
offer shall at the same time serve a copy of the notice on the other 
defendant or defendants.

(2)	A defendant on whom a copy of the notice has been served may 
within 14 days after the service apply to the Court for-

        (a)	a direction as to any question of costs between him and the 
defendant who has accepted the plaintiff's sanctioned offer; and

        (b)	any other direction relating to the acceptance of the 
plaintiff's sanctioned offer.

(3)	No application may be made under paragraph (2) after the expiry 
of the 14-day period referred to in that paragraph.

14.	Clarification of sanctioned offer or
	sanctioned payment notice
	(O. 22, r. 14)


(1)	The offeree may, within 7 days of a sanctioned offer or a 
sanctioned payment being made, request the offeror to clarify the offer or 
payment notice.

(2)	If the offeror does not give the clarification requested under 
paragraph (1) within 7 days of service of the request, the offeree may, 
unless the trial has commenced, apply for an order that he does so.

(3)	If the Court makes an order pursuant to an application made 
under paragraph (2), it shall specify the date when the sanctioned offer 
or sanctioned payment is to be treated as having been made.

(4)	Where a cause of action under the Fatal Accidents Ordinance 
(Cap 22) and a cause of action under Part IV or IVA of the Law Amendment 
and Reform (Consolidation) Ordinance (Cap 23) are joined in an action, 
with or without any other cause of action, the plaintiff is not entitled 
under paragraph (1) to request the defendant to make an apportionment of 
the sanctioned payment between the causes of action under those Ordinances.

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.

(2)	If-

        (a)	a defendant's sanctioned offer or sanctioned payment is made 
less than 28 days before the commencement of the trial; or

        (b)	the plaintiff does not accept it within the period specified in 
paragraph (1),
then the plaintiff may-

        (i)	if the parties agree on the liability for costs, accept the 
offer or payment without the leave of the Court; and

        (ii)	if the parties do not agree on the liability for costs, only 
accept the offer or payment with the leave of the Court.

(3)	Where the leave of the Court is required under paragraph (2), 
the Court shall, if it grants leave, make an order as to costs.

(4)	A notice of acceptance of a sanctioned payment must be in Form 
No. 24 in Appendix A.

16.	Time for acceptance of plaintiff's
	sanctioned offer (O. 22, r. 16)


(1)	Subject to rule 7(3), a defendant may accept a sanctioned offer 
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 plaintiff a written notice of acceptance not later than 28 days after 
the offer was made.

(2)	If-

        (a)	a plaintiff's sanctioned offer is made less than 28 days before 
the commencement of the trial; or

        (b)	the defendant does not accept it within the period specified in 
paragraph (1),
then the defendant may-

        (i)	if the parties agree on the liability for costs, accept the 
offer without the leave of the Court; and

        (ii)	if the parties do not agree on the liability for costs, only 
accept the offer with the leave of the Court.

(3)	Where the leave of the Court is required under paragraph (2), 
the Court shall, if it grants leave, make an order as to costs.

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)


(1)	This rule applies where the plaintiff wishes to accept a 
sanctioned offer or a sanctioned payment made by one or more, but not all, 
of a number of defendants.

(2)	If the defendants are sued jointly or in the alternative, the 
plaintiff may accept the offer or payment without requiring the leave of 
the Court in accordance with rule 15(1) if-

        (a)	he discontinues his claim against those defendants who have not 
made the offer or payment; and

        (b)	those defendants give written consent to the acceptance of the 
offer or payment.

(3)	If the plaintiff alleges that the defendants have a several 
liability to him, the plaintiff may-

        (a)	accept the offer or payment in accordance with rule 15(1); and

        (b)	continue with his claims against the other defendants.

(4)	In all other cases the plaintiff shall apply to the Court for-

        (a)	an order permitting a payment out to him of any sum in court; 
and

        (b)	such order as to costs as the Court considers appropriate.

19.	Other cases where court order is required to
	enable acceptance of sanctioned offer or
	sanctioned payment (O. 22, r. 19)


(1)	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-

        (a)	the offer or payment may be accepted only with the leave of the 
Court; and

        (b)	the money in court may not be paid out except in pursuance of 
an order of the Court.

(2)	Where the Court grants leave to a plaintiff to accept a 
sanctioned offer or a sanctioned payment after the trial has commenced-

        (a)	the money in court may not be paid out except in pursuance of 
an order of the Court; and

        (b)	the Court shall, in the order, deal with the whole costs of the 
proceedings.

(3)	Where a plaintiff accepts a sanctioned payment after a defence 
of tender before action has been put forward by the defendant, the money 
in court may not be paid out except in pursuance of an order of the Court.

(4)	Where a plaintiff accepts a sanctioned payment made in 
satisfaction of-

        (a)	a cause of action under the Fatal Accidents Ordinance (Cap 22) 
and a cause of action under Part IV or IVA of the Law Amendment and Reform 
(Consolidation) Ordinance (Cap 23); or

        (b)	a cause of action under the Fatal Accidents Ordinance (Cap 22) 
where more than one person is entitled 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)


(1)	Where a defendant's sanctioned offer or sanctioned payment to 
settle the whole claim is accepted without requiring the leave of the 
Court, the plaintiff is entitled to his costs of the proceedings up to the 
date of serving notice of acceptance, unless the Court otherwise orders.

(2)	Where-

        (a)	a sanctioned offer or a sanctioned payment relating to a part 
of the claim or an issue arising from the claim is accepted; and

        (b)	at the time of serving notice of acceptance the plaintiff 
abandons the other parts of the claim or other 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)


(1)	Where a plaintiff's sanctioned offer to settle the whole claim 
is accepted without requiring the leave of the Court, the plaintiff is 
entitled to his costs of the proceedings up to the date upon which the 
defendant serves notice of acceptance, unless the Court otherwise orders.

(2)	The plaintiff's costs include any costs attributable to the 
defendant's counterclaim or set-off if the sanctioned offer states that it 
takes into account the counterclaim or set-off.

22.	Other consequences of acceptance of
	sanctioned offer or sanctioned
	payment (O. 22, r. 22)


(1)	If a sanctioned offer or a sanctioned payment relates to the 
whole claim and is accepted, the claim is stayed.

(2)	In the case of acceptance of a sanctioned offer which relates 
to the whole claim-

        (a)	the stay is upon the terms of the offer; and

        (b)	either party may apply to enforce those terms without the need 
to commence new proceedings.

(3)	If a sanctioned offer or a sanctioned payment which relates 
only to a part of the claim or an issue arising from the claim is accepted-

        (a)	the claim is stayed as to that part or issue, and in the case 
of the sanctioned offer, the stay is upon the terms of the offer;

        (b)	either party may apply to enforce those terms without the need 
to commence new proceedings; and

        (c)	unless the parties have agreed on costs, the liability for 
costs shall be decided by the Court.

(4)	If the approval of the Court is required before a settlement 
can be binding, any stay which would otherwise arise on the acceptance of 
a sanctioned offer or a sanctioned payment takes effect only when that 
approval has been given.

(5)	Any stay arising under this rule does not affect the power of 
the Court-

        (a)	to enforce the terms of a sanctioned offer;

        (b)	to deal with any question of costs (including interest on 
costs) relating to the proceedings; or

        (c)	to order payment out of court of any sum paid into court.

(6)	Where-

        (a)	a sanctioned offer has been accepted; and

        (b)	a party alleges that-

        (i)	the other party has not honoured the terms of the offer; and

        (ii)	he is therefore entitled to a remedy for breach of contract,
the party may claim the remedy by applying to the Court without the need 
to commence new proceedings unless the Court otherwise orders.

23.	Costs consequences where plaintiff fails
	to do better than sanctioned offer or
	sanctioned payment (O. 22, r. 23)


(1)	This rule applies where a plaintiff-

        (a)	fails to obtain a judgment better than the sanctioned payment; 
or

        (b)	fails to obtain a judgment that is more advantageous than a 
defendant's sanctioned offer.

(2)	The Court may by order disallow all or part of any interest 
otherwise payable under section 49 of the Ordinance on the whole or part 
of any sum of money awarded to the plaintiff for some or all of the period 
after the latest date on which the payment or offer could have been 
accepted without requiring the leave of the Court.

(3)	The Court may order the plaintiff to pay any costs incurred by 
the defendant after the latest date on which the payment or offer could 
have been accepted without requiring the leave of the Court.

(4)	The Court may also order that the defendant is entitled to-

        (a)	his costs on the indemnity basis after the latest date on which 
the plaintiff could have accepted the payment or offer without requiring 
the leave of the Court; and

        (b)	interest on the costs referred to in paragraph (3) or 
subparagraph (a) at a rate not exceeding 10% above judgment rate.

(5)	Where this rule applies, the Court shall make the orders 
referred to in paragraphs (2), (3) and (4) unless it considers it unjust 
to do so.

(6)	In considering whether it would be unjust to make the orders 
referred to in paragraphs (2), (3) and (4), the Court shall take into 
account all the circumstances of the case including-

        (a)	the terms of any sanctioned payment or sanctioned offer;

        (b)	the stage in the proceedings at which any sanctioned payment or 
sanctioned offer was made;

        (c)	the information available to the parties at the time when the 
sanctioned payment or sanctioned offer was made; and

        (d)	the conduct of the parties with regard to the giving or 
refusing to give information for the purposes of enabling the payment or 
offer to be made or evaluated.

(7)	The power of the Court under this rule is in addition to any 
other power it may have to award or disallow interest.

24.	Costs and other consequences where
	plaintiff does better than he proposed
	in his sanctioned offer (O. 22, r. 24)


(1)	This rule applies where-

        (a)	a defendant is held liable for more than the proposals 
contained in a plaintiff's sanctioned offer; or

        (b)	the judgment against a defendant is more advantageous to the 
plaintiff than the proposals contained in a plaintiff's sanctioned offer.

(2)	The Court may order interest on the whole or part of any sum of 
money (excluding interest) awarded to the plaintiff at a rate not 
exceeding 10% above judgment rate for some or all of the period after the 
latest date on which the defendant could have accepted the offer without 
requiring the leave of the Court.

(3)	The Court may also order that the plaintiff is entitled to-

        (a)	his costs on the indemnity basis after the latest date on which 
the defendant could have accepted the offer without requiring the leave of 
the Court; and

        (b)	interest on those costs at a rate not exceeding 10% above 
judgment rate.

(4)	Where this rule applies, the Court shall make the orders 
referred to in paragraphs (2) and (3) unless it considers it unjust to do 
so.

(5)	In considering whether it would be unjust to make the orders 
referred to in paragraphs (2) and (3), the Court shall take into account 
all the circumstances of the case including-

        (a)	the terms of any sanctioned offer;

        (b)	the stage in the proceedings at which any sanctioned offer was 
made;

        (c)	the information available to the parties at the time when the 
sanctioned offer was made; and

        (d)	the conduct of the parties with regard to the giving or 
refusing to give information for the purposes of enabling the offer to be 
made or evaluated.

(6)	The power of the Court under this rule is in addition to any 
other power it may have to award interest.

V.     MISCELLANEOUS

25.	Restriction on disclosure of sanctioned
	offer or sanctioned payment
	(O. 22, r. 25)


(1)	A sanctioned offer is treated as "without prejudice save as to 
costs".

(2)	The fact that a sanctioned payment has been made must not be 
communicated to the trial judge or the master hearing or determining the 
action or counterclaim or any question or issue as to the debt or damages 
until all questions of liability and the amount of money to be awarded 
have been decided.

(3)	Paragraph (2) does not apply-

        (a)	where the defence of tender before action has been raised;

        (b)	where the proceedings have been stayed under rule 22 following 
acceptance of a sanctioned offer or a sanctioned payment; or

        (c)	where-

        (i)	the issue of liability has been determined before any 
assessment of the money claimed; and

        (ii)	the fact that there has or has not been a sanctioned payment 
may be relevant to the question of the costs of the issue of liability.

26.	Interest (O. 22, r. 26)


(1)	Unless-

        (a)	a plaintiff's sanctioned offer which offers to accept a sum of 
money; or

        (b)	a sanctioned payment notice,
indicates to the contrary, any such offer or payment is to be treated as 
inclusive of all interest until the last date on which it could be 
accepted without requiring the leave of the Court.

(2)	Where a plaintiff's sanctioned offer or a sanctioned payment 
notice is expressed not to be inclusive of interest, the offer or notice 
must state-

        (a)	whether interest is offered; and

        (b)	if so, the amount offered, the rate or rates offered and the 
period or periods for which it is offered.

27.	Money paid into court under order
	(O. 22, r. 27)


(1)	On making any payment into court under an order of the Court or 
a certificate of a master, the party making the payment shall give notice 
of the payment in Form No. 25A in Appendix A to every other party to the 
proceedings.

(2)	Unless the Court otherwise orders, a defendant who has paid 
money into court in pursuance of an order made under Order 14 may-

        (a)	by notice served on the plaintiff, appropriate the whole or any 
part of the money and any additional payment, if necessary, in 
satisfaction of any particular claim made by the plaintiff and specified 
in the notice; or

        (b)	if he pleads a tender, by his pleading served on the plaintiff, 
appropriate the whole or any part of the money as payment into court of 
the money alleged to have been tendered.

(3)	Any money appropriated in accordance with paragraph (2) is 
deemed to be-

        (a)	in the case of paragraph (2)(a), a sanctioned payment when the 
notice is served on the plaintiff; and

        (b)	in the case of paragraph (2)(b), money paid into court with a 
plea of tender when the pleading is served 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 61 ("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. 153 of 2008)
___________________________________________________________________________
______________
Note:
*	Commencement day: 2 April 2009.
"claim" (申索)
"counterclaim" (反申索)
"defendant" (被告人)
"offeree" (受提議者)
"offeror" (提議者)
"plaintiff" (原告人)
"sanctioned offer" (附帶條款和解提議)
"sanctioned payment" (附帶條款付款)
"sanctioned payment notice" (附帶條款付款通知書)
"provisional damages" (暫定損害賠償)


THE RULES OF THE DISTRICT COURT - ORDER 22
PAYMENT INTO AND OUT OF COURT VerDate:01/09/2000



1.	Payment into Court (O. 22, r. 1)


(1)	In any action for a debt or damages any defendant may at any 
time pay into court a sum or sums of money in satisfaction of the cause of 
action in respect of which the plaintiff claims or, where 2 or more causes 
of action are joined in the action, a sum or sums of money in satisfaction 
of any or all of those causes of action.

(2)	On making any payment into court under this rule, and on 
increasing any such payment already made, the defendant must give notice 
thereof in Form No. 23 in Appendix A to the plaintiff and every other 
defendant (if any); and within 3 days after receiving the notice the 
plaintiff must send the defendant a written acknowledgment of its receipt.

(3)	A defendant may, without leave, give notice of an increase in a 
payment made under this rule but, subject to that and without prejudice to 
paragraph (5), a notice of payment may not be withdrawn or amended without 
the leave of the Court which may be granted on such terms as may be just.

(4)	Where 2 or more causes of action are joined in the action and 
money is paid into court under this rule in respect of all, or some only 
of, those causes of action, the notice of payment-

        (a)	must state that the money is paid in respect of all those 
causes of action or, as the case may be, must specify the cause or causes 
of action in respect of which payment is made; and

        (b)	where the defendant makes separate payments in respect of each, 
or any 2 or more, of those causes of action, must specify the sum paid in 
respect of that cause or, as the case may be, those causes of action.

(5)	Where a single sum of money is paid into court under this rule 
in respect of 2 or more causes of action, then, if it appears to the Court 
that the plaintiff is embarrassed by the payment, the Court may, subject 
to paragraph (6), order the defendant to amend the notice of payment so as 
to specify the sum paid in respect of each cause of action.

(6)	Where a cause of action under the Fatal Accidents Ordinance 
(Cap 22) and a cause of action under sections 20 to 25 of the Law 
Amendment and Reform (Consolidation) Ordinance (Cap 23) are joined in an 
action, with or without any other cause of action, the causes of action 
under the said Ordinances shall, for the purpose of paragraph (5), be 
treated as one cause of action.

(8)	For the purposes of this rule, the plaintiff's cause of action 
in respect of a debt or damages shall be construed as a cause of action in 
respect, also, of such interest as might be included in the judgment, 
whether under section 49 of the Ordinance or otherwise, if judgment were 
given at the date of the payment into court.

2.	Payment in by defendant who has counterclaimed 
	(O. 22, r. 2)

Where a defendant, who makes by counterclaim a claim against the plaintiff 
for a debt or damages, pays a sum or sums of money into court under rule 
1, the notice of payment must state, if it be the case, that in making the 
payment the defendant has taken into account and intends to satisfy-

        (a)	the cause of action in respect of which he claims; or

        (b)	where 2 or more causes of action are joined in the 
counterclaim, all those causes of action or, if not all, which of them.

3.	Acceptance of money paid into Court (O. 22, r. 3)


(1)	Where money is paid into court under rule 1, then, subject to 
paragraph (2), within 14 days after 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 trial or hearing of the action 
begins, the plaintiff may-

        (a)	where the money was paid in respect of the cause of action or 
all the causes of action in respect of which he claims, accept the money 
in satisfaction of that cause of action or those causes of action, as the 
case may be; or

        (b)	where the money was paid in respect of some only of the causes 
of action in respect of which he claims, accept in satisfaction of any 
such cause or causes of action the sum specified in respect of that cause 
or those causes of action in the notice of payment,
by giving notice in Form No. 24 in Appendix A to every defendant to the 
action.

(2)	Where after the trial or hearing of an action has begun-

        (a)	money is paid into court under rule 1; or

        (b)	money in court is increased by a further payment into court 
under that rule,
the plaintiff may accept the money in accordance with paragraph (1) within 
2 days after receipt of the notice of payment or notice of the further 
payment, as the case may be, but, in any case, before the judge begins to 
deliver judgment.

(3)	Rule 1(5) shall not apply in relation to money paid into court 
in an action after the trial or hearing of the action has begun.

(4)	On the plaintiff accepting any money paid into court all 
further proceedings in the action or in respect of the specified cause or 
causes of action, as the case may be, to which the acceptance relates, 
both against the defendant making the payment and against any other 
defendant sued jointly with or in the alternative to him, shall be stayed.

(5)	Where money is paid into court by a defendant who made a 
counterclaim and the notice of payment stated, in relation to any sum so 
paid, that in making the payment the defendant had taken into account and 
satisfied the cause or causes of action, or the specified cause or 
specified causes of action, in respect of which he claimed, then, on the 
plaintiff accepting that sum, all further proceedings on the counterclaim 
or in respect of the specified cause or causes of action, as the case may 
be, against the plaintiff shall be stayed.

(6)	A plaintiff who has accepted any sum paid into court shall, 
subject to rules 4 and 10 and Order 80, rule 12, be entitled to receive 
payment of that sum in satisfaction of the cause or causes of action to 
which the acceptance relates.

4.	Order for payment out of money accepted required 
	in certain cases (O. 22, r. 4)


(1)	Where a plaintiff accepts any sum paid into court and that sum 
was paid into court-

        (a)	by some but not all of the defendants sued jointly or in the 
alternative by him; or

        (b)	with a defence of tender before action; or

        (c)	in an action to which Order 80, rule 12, applies; or 

        (d)	in satisfaction either of causes of action arising under the 
Fatal Accidents Ordinance (Cap 22) and sections 20 to 25 of the Law 
Amendment and Reform (Consolidation) Ordinance (Cap 23) or of a cause of 
action arising under the first-mentioned Ordinance where more than one 
person is entitled to the money, 
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 action or of the cause of action to which the payment 
relates, as the case may be.

(2)	Where an order of the Court is required under paragraph (1) by 
reason only of paragraph (1)(a) then if, either before or after accepting 
the money paid into court by some only of the defendants sued jointly or 
in the alternative by him, the plaintiff discontinues the action against 
all the other defendants and those defendants consent in writing to the 
payment out of that sum, it may be paid out without an order of the Court.

(3)	Where after the trial or hearing of an action has begun a 
plaintiff accepts any money paid into court and all further proceedings in 
the action or in respect of the specified cause or causes of action, as 
the case may be, to which the acceptance relates are stayed by virtue of 
rule 3(4), then, notwithstanding anything in paragraph (2), the money 
shall not be paid out except in pursuance of an order of the Court, and 
the order shall deal with the whole costs of the action.

5.	Money remaining in Court (O. 22, r. 5)

If any money paid into court in an action is not accepted in accordance 
with rule 3, the money remaining in court shall not be paid out except in 
pursuance of an order of the Court which may be made at any time before, 
at or after the trial or hearing of the action; and where such an order is 
made before the trial or hearing the money shall not be paid out except in 
satisfaction of the cause or causes of action in respect of which it was 
paid in.

6.	Counterclaim (O. 22, r. 6)

A plaintiff against whom a counterclaim is made and any other defendant to 
the counterclaim may pay money into court in accordance with rule 1, and 
that rule and rules 3 (except paragraph (5)), 4 and 5 shall apply 
accordingly with the necessary modifications.

7.	Non-disclosure of payment into Court (O. 22, r. 7)


(1)	Except in an action to which a defence of tender before action 
is pleaded, and except in an action all further proceedings in which are 
stayed by virtue of rule 3(4) after the trial or hearing has begun and 
subject to paragraph (2), the fact that money has been paid into court 
under the foregoing provisions of this Order shall not be pleaded and no 
communication of that fact shall be made to the Court at the trial or 
hearing of the action or counterclaim or of any question or issue as to 
the debt or damages until all questions of liability and of the amount of 
the debt or damages have been decided.

(2)	Where the question of the costs of the issue of liability falls 
to be decided, that issue having been tried and an issue or question 
concerning the amount of the debt or damages remaining to be tried 
separately, any party may bring to the attention of the Court the fact 
that a payment into court has or has not been made and the date (but not 
the amount) of such payment or of the first payment if more than one.

8.	Money paid into Court under order (O. 22, r. 8)


(1)	On making any payment into court under an order of the Court or 
a certificate of a master, a party must give notice thereof to every other 
party to the proceedings.

(2)	Subject to paragraph (3), money paid into court under an order 
of the Court or a certificate of a master shall not be paid out except in 
pursuance of an order of the Court.

(3)	Unless the Court otherwise orders, a party who has paid money 
into court in pursuance of an order made under Order 14-

        (a)	may by notice to the other party appropriate the whole or any 
part of the money and any additional payment, if necessary, to any 
particular claim made in the writ or counterclaim, as the case may be, and 
specified in the notice; or

        (b)	if he pleads a tender, may by his pleading appropriate the 
whole or any part of the money as payment into court of the money alleged 
to have been tendered,
and money appropriated in accordance with this rule shall be deemed to be 
money paid into court in accordance with rule 1 or money paid into court 
with a plea of tender, as the case may be, and this Order shall apply 
accordingly.

10.	Person to whom payment to be made (O. 22, r. 10)


(1)	Where the party entitled to money in court is a person in 
respect of whom a certificate is or has been in force entitling him to 
legal aid under the Legal Aid Ordinance (Cap 91), payment shall be made 
only to the Director of Legal Aid without the need for any authority from 
the party.

(2)	Subject to paragraph (1), payment shall be made to the party 
entitled or to his solicitor.

(3)	This rule applies whether the money in court has been paid into 
court under rule 1 or under an order of the Court or a certificate of the 
Registrar.

11.	Payment out: small intestate estates (O. 22, r. 11)

Where a person entitled to a fund in court, or a share of such fund, dies 
intestate and the Court is satisfied that no grant of administration of 
his estate has been made and that the assets of his estate, including the 
fund or share, do not exceed $20000 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.

13.	Investment of money in Court (O. 22, r. 13)

Cash under the control of or subject to the order of the Court may be 
invested in any manner specified in the District Court Suitors' Funds 
Rules (Cap 336 sub. leg.) and the Trustee Ordinance (Cap 29).

14.	Written offers "without prejudice save as 
	to costs" (O. 22, r. 14)


(1)	A party to proceedings may at any time make a written offer to 
any other party to those proceedings which is expressed to be "without 
prejudice save as to costs" and which relates to any issue in the 
proceedings.

(2)	Where an offer is made under paragraph (1), the fact that such 
an offer has been made shall not be communicated to the Court until the 
question of costs falls to be decided:
Provided that the Court shall not take such offer into account if, at the 
time it is made, the party making it could have protected his position as 
to costs by means of a payment into court under this Order.



THE RULES OF THE DISTRICT COURT - ORDER 22A
MISCELLANEOUS PROVISIONS ABOUT PAYMENTS INTO COURT VerDate:02/04/2009



1.	Money remaining in court
	(O. 22A, r. 1)


(1)	Subject to Order 22, rule 17, any money paid into court in an 
action (whether or not in accordance with Order 22) may not be paid out 
except in pursuance of an order of the Court which may be made at any time 
before, at or after the trial or hearing of the action.

(2)	Where an order under paragraph (1) is made before the trial or 
hearing and the money in court is a sanctioned payment made in accordance 
with Order 22, the money may not be paid out except-

        (a)	in satisfaction of the cause or causes of action in respect of 
which it was paid in; or

        (b)	to the extent to which the sanctioned payment may be withdrawn 
or diminished pursuant to Order 22.

2.	Person to whom payment to be
	made (O. 22A, r. 2)


(1)	Where the party entitled to money in court is a person in 
respect of whom a certificate is or has been in force entitling him to 
legal aid under the Legal Aid Ordinance (Cap 91), payment shall be made 
only to the Director of Legal Aid without the need for any authority from 
the party.

(2)	Subject to paragraph (1), payment shall be made to the party 
entitled or to his solicitor.

(3)	This rule applies whether the money in court has been paid into 
court under Order 22 or under an order of the Court or a certificate of 
the Registrar.

3.	Payment out: small intestate
	estates (O. 22A, r. 3)

Where-

        (a)	a person entitled to a fund in court, or a share of such fund, 
dies intestate;

        (b)	the Court is satisfied that no grant of administration of his 
estate has been made; and

        (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 District Court Suitors' Funds 
Rules (Cap 336 sub. leg. E) and the Trustee Ordinance (Cap 29).
(L.N. 153 of 2008)



THE RULES OF THE DISTRICT COURT - ORDER 23
SECURITY FOR COSTS VerDate:01/09/2000



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, it appears to the Court-

        (a)	that the plaintiff is ordinarily resident out of the 
jurisdiction; or 

        (b)	that the plaintiff (not being a plaintiff who is suing in a 
representative capacity) is a nominal plaintiff who is suing for the 
benefit of some other person and that there is reason to believe that he 
will be unable to pay the costs of the defendant if ordered to do so; or

        (c)	subject to paragraph (2), that the plaintiff's address is not 
stated in the writ or other originating process or is incorrectly stated 
therein; or

        (d)	that the plaintiff has changed his address during the course of 
the proceedings with a view to evading 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.

(2)	The Court shall not require a plaintiff to give security by 
reason only of paragraph (1)(c) if he satisfies the Court that the failure 
to state his address or the mis-statement thereof was made innocently and 
without intention to deceive.

(3)	The references in this rule to a plaintiff and a defendant 
shall be construed as references to the person (howsoever described on the 
record) who is in the position of plaintiff or defendant, as the case may 
be, in the proceeding in question, including a proceeding on a 
counterclaim.

2.	Manner of giving security (O. 23, r. 2)

Where an order is made requiring any party to give security for costs, the 
security shall be given in such manner, at such time, and on such terms 

        (if any) as the Court may direct.

3.	Saving for enactments (O. 23, r. 3)

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.



THE RULES OF THE DISTRICT COURT - ORDER 23A
(Repealed L.N. 153 of 2008) VerDate:02/04/2009







THE RULES OF THE DISTRICT COURT - ORDER 23A
DIRECTIONS FOR ACTIONS BEGUN BY WRIT VerDate:01/09/2000



1.	Application and interpretation (O. 23A, r. 1)


(1)	This Order applies to all actions begun by writ except-

        (a)	actions in which the plaintiff or defendant has applied for 
judgment under Order 14, or in which the plaintiff has applied for 
judgment under Order 86, and directions have been given under the relevant 
Order;

        (b)	actions in which the plaintiff or defendant has applied for, or 
the Court has on its own motion ordered under Order 18, rule 21, trial 
without pleadings or further pleadings and directions have been given 
under that rule;

        (c)	actions in which an order has been made under Order 24, rule 4, 
for the trial of an issue or question before discovery;

        (d)	actions in which directions have been given under Order 29, 
rule 7; and

        (e)	actions in which an order for the taking of an account has been 
made under Order 43, rule 1.

(2)	In this Order-
"agreed directions" (協定指示) means directions or orders agreed between the 
parties and taking effect under rule 4;
"automatic directions" (自動指示) means directions taking effect automatically 
under rule 5;
"direction" (指示) and "order" (命令) mean any direction or order as to any 
matter capable of being dealt with by interlocutory application in the 
action under these Rules;
"directions hearing" (指示聆訊) means a directions hearing under rule 9;
"summons for directions" (要求作指示的傳票) means a summons under rule 7 for a 
directions hearing.

2.	Duties of the parties: general (O. 23A, r. 2)

As soon as the pleadings are closed, it shall be the duty of every party 
to the action-

        (a)	to consider what directions and orders are required for the 
future course of the action so as to secure the just, expeditious and 
economic disposal of the action; and

        (b)	to endeavour to reach agreement with the other parties as to 
the directions and orders required.

3.	Agreed and automatic directions: application 
	(O. 23A, r. 3)

The provisions of rules 4 and 5 apply except where-

        (a)	the Court has of its own motion ordered a directions hearing; or

        (b)	there is a pending application for any such direction or order 
as is mentioned in rule 1(1).

4.	Agreed directions (O. 23A, r. 4)


(1)	Subject to rule 6 and paragraphs (3) and (4), where all parties 
agree either-

        (a)	that the only direction or order required is a direction that, 
within 3 months of the close of pleadings, the plaintiff shall apply for a 
pre-trial review under Order 34; or

        (b)	that such directions and orders as are agreed, including a 
direction as to the time within which the plaintiff shall apply for a 
pre-trial review under Order 34, are the only directions and orders 
required,
a memorandum filed in the Registry which sets out the agreed directions 
and orders and is indorsed by each of the parties shall take effect as if 
the directions and orders set out in the memorandum had been made by the 
Court.

(2)	Where such agreement has been reached-

        (a)	the plaintiff shall, as soon as practicable thereafter, draw up 
such a memorandum and take all steps necessary to ensure that it is 
promptly indorsed by the other parties and is filed in the Registry; and

        (b)	the other parties shall, as soon as practicable after receipt 
of the memorandum, indorse their consent on it.

(3)	Nothing in this rule shall require any step to be taken where 
all the parties agree that the only directions or orders required are 
automatic directions.

(4)	Nothing in this rule shall be construed as enabling the parties 
to rescind or vary any direction or order made by the Court.

5.	Automatic directions (O. 23A, r. 5)


(1)	Subject to rule 6 and paragraphs (3) and (5), where, upon the 
expiry of 21 days after the close of pleadings, no memorandum has been 
filed under rule 4 and no summons for directions has been issued, the 
following directions shall thereupon take effect automatically-

        (a)	there shall be discovery of documents within 14 days in 
accordance with Order 24, rule 3, and inspection within 7 days thereafter 
in accordance with Order 24, rule 9;

        (b)	each party to serve on the other parties, within 6 weeks, 
written statements under Order 38, rule 2A of the oral evidence which the 
party intends to lead on any issues of fact to be decided at the trial;

        (c)	where any party intends to place reliance at the trial on 
expert evidence, he shall, within 6 weeks, disclose the substance of that 
evidence to the other parties in the form of a written report, which shall 
be agreed if possible;

        (d)	unless the expert evidence is agreed, the parties shall be at 
liberty to call as expert witnesses those witnesses the substance of whose 
evidence has been disclosed in accordance with the preceding paragraph, 
except that the number of expert witness shall be limited to one for each 
party;

        (e)	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; and

        (f)	within 3 months after the time for inspection of documents has 
expired under subparagraph (a) the plaintiff shall apply for a pre-trial 
review under Order 34.

(2)	Where paragraph (1)(c) applies to more than one party the 
reports shall be disclosed by mutual exchange, medical for medical and 
non-medical for non-medical, within the time provided or as soon 
thereafter as the reports on each side are available.

(3)	In a personal injury action, other than an action in which the 
pleadings contain an allegation of a negligent act or omission in the 
course of medical treatment, paragraph (1) shall have effect with the 
following modifications-

        (a)	where liability is admitted or where the action arises out of a 
road accident, discovery under paragraph (1)(a) shall be limited to 
disclosure by the plaintiff of any documents relating to special damages;

        (b)	the number of expert witnesses limited by paragraph (1)(d) 
shall be 2 medical experts and one expert of any other kind for each 
party; and

        (c)	photographs, a sketch plan and the contents of any police 
accident report shall be receivable in evidence at the trial and shall be 
agreed if possible.

(4)	For the purposes of this rule-
"documents relating to special damages" (關乎專項損害賠償的文件) include-

        (a)	documents relating to any industrial injury, industrial 
disablement or sickness benefit rights; and

        (b)	where the claim is made under the Fatal Accidents Ordinance 
(Cap 22), documents relating to any claim for dependency on the deceased;
"a road accident" (道路意外) means an accident on land due to a collision or 
apprehended collision involving a vehicle.

(5)	Where, prior to the expiry of the period referred to in 
paragraph (1), the Court has made a direction or order dealing with any 
matter referred to in paragraph (1), (2) or (3), nothing in this rule 
shall affect such direction or order and the automatic directions taking 
effect under this rule shall be limited to such directions (if any) under 
paragraph (1), (2) or (3) as relate to matters not dealt with by such 
direction or order.

6.	Agreed and automatic directions: further provisions
	(O. 23A, r. 6)


(1)	Where, after automatic directions have taken effect, there are 
agreed directions, the agreed directions shall, upon the filing of a 
memorandum under rule 4, take effect in the place of the automatic 
directions.

(2)	Where, after automatic directions have taken effect, a party 
takes out a summons for directions, automatic directions not already 
complied with shall cease to have effect.

(3)	Nothing in rule 4 or 5 shall limit the power of the Court, of 
its own motion or on the application of any party, to hold a directions 
hearing or otherwise to make such directions and orders as it thinks fit.

7.	Summons for directions (O. 23A, r. 7)


(1)	Except where the Court otherwise allows, an application for a 
directions hearing shall be by summons for directions.

(2)	Where-

        (a)	neither subparagraph (a) nor subparagraph (b) of rule 3 
applies; and

        (b)	upon the expiration of 14 days after the close of pleadings, no 
memorandum has been filed under rule 4,
any party who contends that automatic directions are inappropriate and 
that the Court should make other directions or orders shall, within 21 
days after the close of pleadings, take out a summons for directions.

(3)	Any party may at any stage of the proceedings take out a 
summons for directions.

(4)	A party who takes out a summons for directions shall apply, so 
far as it practicable to do so, for all the directions and orders he 
desires for the future course of the action.

8.	Duty of parties to whom summons for directions 
	is addressed (O. 23A, r. 8)


(1)	Every party to whom a summons for directions is addressed must, 
so far as it is practicable to do so, apply at the directions hearing for 
all such directions and orders which have not been applied for in the 
summons for directions as he desires for the future course of the action.

(2)	Any such application shall be by notice served on all the other 
parties and filed in the Registry not less than 7 days before the 
directions hearing.

(3)	For the purposes of these Rules, a notice under this rule shall 
be treated as a summons for the directions and orders specified in the 
notice.

9.	Directions hearing (O. 23A, r. 9)


(1)	At any stage of the proceedings, the Court may of its own 
motion and shall on the application of any party by a summons for 
directions, conduct a directions hearing for the making of all such 
directions and orders for the future course of the action as appear best 
adapted to serve the just, expeditious and economical disposal of the 
action.

(2)	Subject to paragraph (3), the Court shall endeavour to secure 
that all matters which shall be or are likely to be necessary or desirable 
to be dealt with by interlocutory application in the action, and which 
have not already been dealt with, are disposed of at the directions 
hearing.

(3)	Where an order for the transfer of the action to the Court of 
First Instance is made at the directions hearing, nothing in this Order 
shall be construed as requiring the Court to make any further order.

10.	Adjournment of hearing (O. 23A, r. 10)


(1)	If the Court is of the opinion at the directions hearing that 
it is not possible to give all the directions and orders which ought to be 
given for the future course of the action, the Court shall deal forthwith 
with such of those matters as it considers can be conveniently dealt with 
forthwith and shall adjourn the hearing to allow the remaining matters to 
be dealt with, and the Court may adjourn the hearing more than once.

(2)	If the directions hearing is adjourned and any party desires to 
apply at the resumed hearing for any orders or directions not applied for 
at the directions hearing, he shall, not less than 7 days before the 
resumed hearing, serve on all the other parties and file at the Registry a 
notice specifying the additional orders or directions he will apply for at 
the resumed hearing.

(3)	Rule 8(3) shall apply to a notice under paragraph (2) as it 
applies to that rule.

11.	Admissions and agreements to be made 
	(O. 23A, r. 11)

At the directions hearing the Court shall endeavour to secure that the 
parties make all admissions and all agreements as to the future course of 
the action which ought reasonably to be made by them and may cause the 
order on the directions hearing, or, if the hearing is adjourned, the 
resumed hearing, 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.

12.	Duty to give all information at hearing 
	(O. 23A, r. 12)


(1)	Subject to paragraph (3), no affidavit shall be used on the 
directions hearing except by the leave or direction of the Court, but, 
subject to paragraph (5), it shall be the duty of the parties and their 
advisers at the directions hearing to give all such information and 
produce all such documents as the Court may reasonably require.

(2)	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 present or represented at the directions hearing as well as to the 
Court.

(3)	No leave shall be required by virtue of paragraph (1) for the 
use of an affidavit at a directions hearing where the affidavit is used to 
support an application for an order which, under any of these Rules, is 
required to be supported by an affidavit.

(4)	If the Court at a directions hearing requires a party or his 
solicitor or counsel to give any information or produce any document and 
that information or document is not given or produced, then, subject to 
paragraph (5), the Court may-

        (a)	cause the facts to be recorded in the order on the directions 
hearing or, if the directions hearing is adjourned, the resumed hearing, 
with a view to such special order, if any, as to costs as may be just 
being made at the trial; or

        (b)	if it appears to the Court to be just so to do, order the whole 
or any part of the pleadings of the party concerned to be struck out, or, 
if the party is the plaintiff or the claimant under a counterclaim, order 
the action or counterclaim to be dismissed on such terms as may be just.

(5)	Notwithstanding anything in the foregoing provisions of this 
rule, no information or documents which are privileged from disclosure 
shall be required to be given or produced under this rule by or by the 
advisers of any party otherwise than with the consent of that party.

13.	Direction for pre-trial review (O. 23A, r. 13)

Subject to rule 9(3), the order made on the directions hearing, or, if the 
hearing is adjourned, the resumed hearing, shall-

        (a)	fix a period within which the plaintiff shall apply for a 
pre-trial review under Order 34; and

        (b)	record each party's estimate of the length of the trial.

14.	Costs (O. 23A, r. 14)


(1)	If the Court is of the opinion-

        (a)	that a directions hearing was rendered necessary because of the 
unreasonable refusal or failure of a party to agree directions or to take 
any step required under rule 4(2); or

        (b)	that a party acted unreasonably in taking out a summons for 
directions,
the Court may order that party to pay all the costs wasted by his 
unreasonable conduct including the cost of the directions hearing.

(2)	Subject to paragraph (3), where any interlocutory application 
in the action is made otherwise than at a directions hearing, if the Court 
is of the opinion that the application ought to have been made at a 
directions hearing, the Court may order the applicant to pay the costs of 
the application irrespective of the outcome of the application or make 
such other order as to costs as the Court thinks fit having regard to the 
failure of the applicant to make the application at a directions hearing.

(3)	Paragraph (2) shall not apply to an application under Order 14, 
Order 16, rule 2, Order 19, Order 21, Order 23 or Order 86.
"agreed directions" (協定指示)
"automatic directions" (自動指示)
"direction" (指示) and "order" (命令)
"directions hearing" (指示聆訊)
"summons for directions" (要求作指示的傳票)
"documents relating to special damages" (關乎專項損害賠償的文件)
"a road accident" (道路意外)


THE RULES OF THE DISTRICT COURT - ORDER 24
DISCOVERY AND INSPECTION OF DOCUMENTS VerDate:02/04/2009



1.	Mutual discovery of documents
	(O. 24, r. 1)


(1)	After the close of pleadings in an action begun by writ there 
shall, subject to and in accordance with the provisions of this Order, be 
discovery by the parties to the action of the documents which are or have 
been in their possession, custody or power relating to matters in question 
in the action.

(2)	Nothing in this Order shall be taken as preventing the parties 
to an action agreeing to dispense with or limit the discovery of documents 
which they would otherwise be required to make to each other.
(L.N. 153 of 2008)

2.	Discovery by parties without order
	(O. 24, r. 2)


(1)	Subject to the provisions of this rule and of rule 4, the 
parties to an action between whom pleadings are closed shall make 
discovery by exchanging lists of documents. Accordingly, each party shall, 
within 14 days after the pleadings in the action are deemed to be closed 
as between him and any other party, make and serve on that other party a 
list of the documents which are or have been in his possession, custody or 
power relating to any matter in question between them in the action.

(2)	Without prejudice to any directions given by the Court under 
Order 16, rule 4, paragraph (1) does not apply in third party proceedings, 
including proceedings under that Order involving fourth or subsequent 
parties.

(3)	Unless the Court otherwise orders, a defendant to an action 
arising out of an accident on land due to a collision or apprehended 
collision involving a vehicle shall not make discovery of any documents to 
the plaintiff under paragraph (1).

(4)	Paragraph (1) shall not be taken as requiring a defendant to an 
action for the recovery of any penalty recoverable by virtue of any 
written law to make discovery of any documents.

(5)	Paragraphs (3) and (4) apply in relation to a counterclaim as 
they apply in relation to an action but with the substitution, for the 
reference in paragraph (3) to the plaintiff, of a reference to the party 
making the counterclaim.

(6)	On the application of any party required by this rule to make 
discovery of documents, the Court may-

        (a)	order that the parties to the action or any of them shall make 
discovery under paragraph (1) of such documents or classes of documents 
only, or as to such only of the matters in question, as may be specified 
in the order; or

        (b)	if satisfied that discovery by all or any of the parties is not 
necessary, or not necessary at that stage of the action, order that there 
shall be no discovery of documents by any or all of the parties either at 
all or at that stage.

(7)	The Court shall make an order under paragraph (6), 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.

(8)	An application for an order under paragraph (6) must be by 
summons, and the summons must be taken out before the expiration of the 
period within which by virtue of this rule discovery of documents in the 
action is required to be made.

(9)	Any party to whom discovery of documents is required to be made 
under this rule may, at any time before the case management summons in the 
action is taken out, serve on the party required to make such discovery a 
notice requiring him to make an affidavit verifying the list he is 
required to make under paragraph (1).

(10)	The party on whom the notice is served shall, 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. 153 of 2008)

3.	Order for discovery (O. 24, r. 3)


(1)	Subject to the provisions of this rule and of rules 4 and 8, 
the Court may order any party to a cause or matter (whether begun by writ 
or originating summons or otherwise) to make and serve on any other party 
a list of the documents which are or have been in his possession, custody 
or power relating to any matter in question in the cause or matter, and 
may at the same time or subsequently also order him to make and file an 
affidavit verifying such a list and to serve a copy thereof on the other 
party.  (L.N. 153 of 2008)

(2)	Where a party who is required by rule 2 to make discovery of 
documents fails to comply with any provision of that rule, the Court, on 
the application of any party to whom the discovery was required to be made-

        (a)	may make an order against the first-mentioned party under 
paragraph (1); or

        (b)	as the case may be, may order him to make and file an affidavit 
verifying the list of documents he is required to make under rule 2 and to 
serve a copy thereof on the applicant.  (L.N. 153 of 2008)

(3)	An order under this rule may be limited to such documents or 
classes of document only, or to such only of the matters in question in 
the cause or matter, as may be specified in the order.

(4)	(Repealed L.N. 153 of 2008)

4.	Order for determination of issue, etc.,
	before discovery (O. 24, r. 4)


(1)	Where on an application for an order under rule 2 or 3 it 
appears to the Court that any issue or question in the cause or matter 
should be determined before any discovery of documents is made by the 
parties, the Court may order that that issue or question be determined 
first.

(2)	Where in an action begun by writ an order is made under this 
rule for the determination of an issue or question, Order 25, rules 5 to 
10-  (L.N. 153 of 2008)

        (a)	with the omission of so much of rule 10(1) as requires parties 
to serve a notice specifying the orders and directions which they require; 
and

        (b)	with any other necessary modifications,
apply as if the application on which the order was made were a case 
management summons.
(L.N. 153 of 2008)

5.	Form of list and affidavit (O. 24, r. 5)


(1)	A list of documents made in compliance with rule 2 or with an 
order under rule 3 must be in Form No. 26 in Appendix A, and must 
enumerate the documents in a convenient order and as shortly as possible 
but describing each of them or, in the case of bundles of documents of the 
same nature, each bundle, sufficiently to enable it to be identified.

(2)	If it is desired to claim that any documents are privileged 
from production, the claim must be made in the list of documents with a 
sufficient statement of the grounds of the privilege.

(3)	An affidavit made as aforesaid verifying a list of documents 
must be in Form No. 27 in Appendix A.
(L.N. 153 of 2008)

6.	Defendant entitled to copy of co-defendant's list
	(O. 24, r. 6)


(1)	A defendant who has pleaded in an action shall be entitled to 
have a copy of any list of documents served on the plaintiff by any other 
defendant to the action; and a plaintiff against whom a counterclaim is 
made in an action begun by writ shall be entitled to have a copy of any 
list of documents served under any of those rules on the party making the 
counterclaim by any other defendant to the counterclaim.

(2)	A party required by virtue of paragraph (1) to supply a copy of 
a list of documents must supply it free of charge on a request made by the 
party entitled to it.

(3)	Where in proceedings begun by originating summons the Court 
makes an order under rule 3 requiring a defendant to the action to serve a 
list of documents on the plaintiff, it may also order him to supply any 
other defendant to the action with a copy of that list.

(4)	In this rule "list of documents" (文件清單) includes an affidavit 
verifying a list of documents.

7.	Order for discovery of particular documents
	(O. 24, r. 7)


(1)	Subject to rule 8, the Court may at any time, on the 
application of any party to a cause or matter, make an order requiring any 
other party to make an affidavit stating whether any document specified or 
described in the application or any class of document so specified or 
described is, or has at any time been, in his possession, custody or 
power, and, if not then in his possession, custody or power, when he 
parted with it and what has become of it.

(2)	An order may be made against a party under this rule 
notwithstanding that he may already have made or been required to make a 
list of documents or affidavit under rule 3.

(3)	An application for an order under this rule must be supported 
by an affidavit stating the belief of the deponent that the party from 
whom discovery is sought under this rule has, or at some time had in his 
possession, custody or power the document, or class of document, specified 
or described in the application and that it relates to one or more of the 
matters in question in the cause or matter.

7A.	Application under section 47A or 47B(1) of 
	the Ordinance (O. 24 r. 7A)


(1)	An application for an order under section 47A of the Ordinance 
for the disclosure of documents before the commencement of proceedings 
shall be made by originating summons (in Form No. 10 in Appendix A) and 
the person against whom the order is sought shall be made defendant to the 
summons.

(2)	An application after the commencement of proceedings for an 
order under section 47B(1) of the Ordinance for the disclosure of 
documents by a person who is not a party to the proceedings shall be made 
by summons, which must be served on that person personally and on every 
party to the proceedings other than the applicant.

(3)	A summons under paragraph (1) or (2) shall be supported by an 
affidavit which must-

        (a)	in the case of a summons under paragraph (1), state the grounds 
on which it is alleged that the applicant and the person against whom the 
order is sought are likely to be parties to subsequent proceedings in the 
Court;

        (b)	in any case, specify or describe the documents in respect of 
which the order is sought and show, if practicable by reference to any 
pleading served or intended to be served in the proceedings, that the 
documents are relevant to an issue arising or likely to arise in the 
proceedings and that the person against whom the order is sought is likely 
to have or have had them in his possession, custody or power.  (L.N. 153 
of 2008)

(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 47A of the 
Ordinance)".  (L.N. 153 of 2008)

(4)	A copy of the supporting affidavit shall be served with the 
summons on every person on whom the summons is required to be served.

(5)	An order under section 47A or 47B(1) of the Ordinance for the 
disclosure of documents may be made conditional on the applicant's giving 
security for the costs of the person against whom it is made or on such 
other terms, if any, as the Court thinks just, and shall require the 
person against whom the order is made to make an affidavit stating whether 
any documents specified or described in the order are, or at any time have 
been, in his possession, custody or power and, if not then in his 
possession, custody or power, when he parted with them and what has become 
of them.

(6)	No person shall be compelled by virtue of such an order to 
produce any documents which he could not be compelled to produce-

        (a)	in the case of a summons under paragraph (1), if the subsequent 
proceedings had already been begun; or

        (b)	in the case of a summons under paragraph (2), if he had been 
served with a writ of subpoena duces tecum to produce the documents at the 
trial.

(7)	(Repealed L.N. 153 of 2008)

(8)	For the purposes of rules 10 and 11 an application for an order 
under section 47A or 47B(1) of the Ordinance shall be treated as a cause 
or matter between the applicant and the person against whom the order is 
sought.

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. 153 of 2008)

(2)	No order for the disclosure of documents shall be made under 
section 47A or 47B 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. 153 of 2008)

9.	Inspection of documents referred to
	in list (O. 24, r. 9)

A party who has served a list of documents on any other party, whether in 
compliance with rule 2 or with an order under rule 3, must allow the other 
party to inspect the documents referred to in the list (other than any 
which he objects to produce) and to take copies thereof and, accordingly, 
he must, when he serves the list on the other party, also serve on him a 
notice stating a time within 7 days after the service thereof at which the 
said documents may be inspected at a place specified in the notice.
(L.N. 153 of 2008)

10.	Inspection of documents referred to in pleadings 
	and affidavits (O. 24, r. 10)


(1)	Any party to a cause or matter shall be entitled at any time to 
serve a notice on any other party in whose pleadings, affidavits, or 
witness statements served under Order 38, rule 2A, or experts' reports, 
reference is made to any document requiring him to produce that document 
for the inspection of the party giving the notice and to permit him to 
take copies thereof.

(2)	The party on whom a notice is served under paragraph (1) must, 
within 4 days after service of the notice, serve on the party giving the 
notice a notice stating a time within 7 days after the service thereof at 
which the documents, or such of them as he does not object to produce, may 
be inspected at a place specified in the notice, and stating which (if 
any) of the documents he objects to produce and on what grounds.

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)-

        (a)	fails to serve a notice under rule 9 or, as the case may be, 
rule 10(2); or

        (b)	objects to produce any document for inspection; or

        (c)	offers inspection at a time or place such that, in the opinion 
of the Court, it is unreasonable to offer 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.

(2)	Without prejudice to paragraph (1), but subject to rule 13(1), 
the Court may, on the application of any party to a cause or matter, order 
any other party to permit the party applying to inspect any documents in 
the possession, custody or power of that other party relating to any 
matter in question in the cause or matter.

(3)	An application for an order under paragraph (2) must be 
supported by an affidavit specifying or describing the documents of which 
inspection is sought and stating the belief of the deponent that they are 
in the possession, custody or power of the other party and that they 
relate to a matter in question in the cause or matter.

11A.	Provision of copies of documents (O. 24, r. 11A)


(1)	Any party who is entitled to inspect any documents under any 
provision of this Order or any order made thereunder may, at or before the 
time when inspection takes place, serve on the party who is required to 
produce such documents for inspection a notice (which shall contain an 
undertaking to pay the reasonable charges) requiring him to supply a true 
copy of any such document as is capable of being copied by photographic or 
similar process.

(2)	The party on whom such a notice is served must, within 7 days 
after receipt thereof, supply the copy requested together with an account 
of the reasonable charges.

(3)	Where a party fails to supply to another party a copy of any 
document under paragraph (2), the Court may, on the application of either 
party, make such order as to the supply of that document as it thinks fit.

12.	Order for production to Court (O. 24, r. 12)

At any stage of the proceedings in any cause or matter the Court may, 
subject to rule 13(1), order any party to produce to the Court any 
document in his possession, custody or power relating to any matter in 
question in the cause or matter and the Court may deal with the document 
when produced in such manner as it thinks fit.

13.	Production to be ordered only if necessary, etc.
	(O. 24, r. 13)


(1)	No order for the production of any documents for inspection or 
to the Court or for the supply of a copy of any document shall be made 
under any of the foregoing rules unless the Court is of opinion that the 
order is necessary either for disposing fairly of the cause or matter or 
for saving costs.

(2)	Where, on an application under this Order for production of any 
document for inspection or to the Court or for the supply of a copy of any 
document, privilege from such production or supply is claimed or objection 
is made to such production or supply on any other ground, the Court may 
inspect the document for the purpose of deciding whether the claim or 
objection is valid.

14.	Production of business books (O. 24, r. 14)


(1)	Where production of any business books for inspection is 
applied for under any of the foregoing rules, the Court may, instead of 
ordering production of the original books for inspection, order a copy or 
any entries therein to be supplied and verified by an affidavit of some 
person who has examined the copy with the original books.

(2)	Any such affidavit shall state whether or not there are in the 
original book any and what erasures, interlineations or alterations.

(3)	Notwithstanding that a copy of any entries in any book has been 
supplied under this rule, the Court may order production of the book from 
which the copy was made.

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-

        (a)	an order limiting the discovery of documents which the parties 
to the case would otherwise be required to make to each other under rule 
1(1);

        (b)	an order directing that the discovery of documents required to 
be made under this Order to any party to the case shall, notwithstanding 
anything in this Order, be made in the manner specified in the order; and

        (c)	an order directing that documents which may be inspected under 
this Order shall, notwithstanding anything in rule 9 or 10, be inspected 
at a time or times specified in the order.
(L.N. 153 of 2008)

16.	Failure to comply with requirement for
	discovery, etc. (O. 24, r. 16)


(1)	If any party who is required by any of the foregoing rules, or 
by any order made thereunder, to make discovery of documents or to produce 
any documents for the purpose of inspection or any other purpose or to 
supply copies thereof fails to comply with any provision of that rule or 
with that order, as the case may be, then, without prejudice, in the case 
of a failure to comply with any such provision, to rules 3(2) and 11(1), 
the Court may make such order as it thinks just including, in particular, 
an order that the action be dismissed or, as the case may be, an order 
that the defence be struck out and judgment be entered accordingly.  (L.N. 
153 of 2008)

(2)	If any party against whom an order for discovery or production 
of documents is made fails to comply with it, then, without prejudice to 
paragraph (1), he shall be liable to committal.

(3)	Service on a party's solicitor of an order for discovery or 
production of documents made against that party shall be sufficient 
service to found an application for committal of the party disobeying the 
order, but the party may show in answer to the application that he had no 
notice or knowledge of the order.

(4)	A solicitor on whom such an order made against his client is 
served and who fails without reasonable excuse to give notice thereof to 
his client shall be liable to committal.

17.	Transitional provision relating to
	rules 1 and 2 (O. 24, r. 17)


(1)	Where before the commencement* of rule 2, the pleadings in an 
action are deemed to have been closed, rule 2(1) has effect as if for the 
words "within 14 days after the pleadings in the action are deemed to be 
closed as between him and any other party", there were substituted the 
words "within 14 days of the commencement of this rule".

(2)	Rules 1 and 2 and paragraph (1) has effect subject to-

        (a)	any direction relating to discovery of documents given by the 
Court before the commencement of those rules; and

        (b)	any memorandum filed under Order 23A, rule 4 ("the repealed 
rule") repealed by rule 78 of the Amendment Rules 2008 which sets out the 
directions and orders agreed between the parties and taking effect under 
the repealed rule.
(L.N. 153 of 2008)
___________________________________________________________________________
______________
Note:
*	Commencement day: 2 April 2009.
"list of documents" (文件清單)


THE RULES OF THE DISTRICT COURT - ORDER 24
DISCOVERY AND INSPECTION OF DOCUMENTS VerDate:01/09/2000



3.	Order for discovery (O. 24, r. 3)


(1)	Subject to paragraph (3) and rules 4 and 8, the Court may order 
any party to a cause or matter (whether begun by writ or originating 
summons) to make and serve on any other party a list of the documents 
which are or have been in his possession, custody or power relating to any 
matter in question in the cause or matter, and may at the same time or 
subsequently also order him to make and file an affidavit verifying such a 
list and to serve a copy thereof on the other party.

(3)	An order under this rule may be limited to such documents or 
classes of document only, or to such only of the matters in question in 
the cause or matter, as may be specified in the order.

(4)	A direction for discovery taking effect under Order 23A, rule 4 
or 5, shall be deemed to be an order under this rule.

4.	Order for determination of issue, etc., 
	before discovery (O. 24, r. 4)


(1)	Where on an application for an order under rule 3 it appears to 
the Court that any issue or question in the cause or matter should be 
determined before any discovery of documents is made by the parties, the 
Court may order that that issue or question be determined first.

(2)	Where in an action begun by writ an order is made under this 
rule for the determination of an issue or question, Order 23A, rules 9 to 
12 and 14, shall apply as if the Court were conducting a directions 
hearing under that Order.  

5.	Form of list and affidavit (O. 24, r. 5)


(1)	A list of documents must be in Form No. 26 in Appendix A, and 
must enumerate the documents in a convenient order and as shortly as 
possible but describing each of them or, in the case of bundles of 
documents of the same nature, each bundle, sufficiently to enable it to be 
identified.

(2)	If it is claimed that any documents are privileged from 
production, the claim must be made in the list of documents with a 
sufficient statement of the grounds of the privilege.

(3)	An affidavit made as aforesaid verifying a list of documents 
must be in Form No. 27 in Appendix A.

6.	Defendant entitled to copy of co-defendant's list 
	(O. 24, r. 6)


(1)	A defendant who has pleaded in an action shall be entitled to 
have a copy of any list of documents served on the plaintiff by any other 
defendant to the action; and a plaintiff against whom a counterclaim is 
made in an action begun by writ shall be entitled to have a copy of any 
list of documents served under any of those rules on the party making the 
counterclaim by any other defendant to the counterclaim.

(2)	A party required by virtue of paragraph (1) to supply a copy of 
a list of documents must supply it free of charge on a request made by the 
party entitled to it.

(3)	Where in proceedings begun by originating summons the Court 
makes an order under rule 3 requiring a defendant to the action to serve a 
list of documents on the plaintiff, it may also order him to supply any 
other defendant to the action with a copy of that list.

(4)	In this rule "list of documents" (文件清單) includes an affidavit 
verifying a list of documents.

7.	Order for discovery of particular documents 
	(O. 24, r. 7)


(1)	Subject to rule 8, the Court may at any time, on the 
application of any party to a cause or matter, make an order requiring any 
other party to make an affidavit stating whether any document specified or 
described in the application or any class of document so specified or 
described is, or has at any time been, in his possession, custody or 
power, and, if not then in his possession, custody or power, when he 
parted with it and what has become of it.

(2)	An order may be made against a party under this rule 
notwithstanding that he may already have made or been required to make a 
list of documents or affidavit under rule 3.

(3)	An application for an order under this rule must be supported 
by an affidavit stating the belief of the deponent that the party from 
whom discovery is sought under this rule has, or at some time had in his 
possession, custody or power the document, or class of document, specified 
or described in the application and that it relates to one or more of the 
matters in question in the cause or matter.

7A.	Application under section 47A or 47B(1) of 
	the Ordinance (O. 24 r. 7A)


(1)	An application for an order under section 47A of the Ordinance 
for the disclosure of documents before the commencement of proceedings 
shall be made by originating summons (in Form No. 10 in Appendix A) and 
the person against whom the order is sought shall be made defendant to the 
summons.

(2)	An application after the commencement of proceedings for an 
order under section 47B(1) of the Ordinance for the disclosure of 
documents by a person who is not a party to the proceedings shall be made 
by summons, which must be served on that person personally and on every 
party to the proceedings other than the applicant.

(3)	A summons under paragraph (1) or (2) shall be supported by an 
affidavit which must-

        (a)	in the case of a summons under paragraph (1), state the grounds 
on which it is alleged that the applicant and the person against whom the 
order is sought are likely to be parties to subsequent proceedings in the 
Court in which a claim for personal injuries is likely to be made;

        (b)	in any case, specify or describe the documents in respect of 
which the order is sought and show, if practicable by reference to any 
pleading served or intended to be served in the proceedings, that the 
documents are relevant to an issue arising or likely to arise out of a 
claim for personal injuries made or likely to be made in the proceedings 
and that the person against whom the order is sought is likely to have or 
have had them in his possession, custody or power.

(4)	A copy of the supporting affidavit shall be served with the 
summons on every person on whom the summons is required to be served.

(5)	An order under section 47A or 47B(1) of the Ordinance for the 
disclosure of documents may be made conditional on the applicant's giving 
security for the costs of the person against whom it is made or on such 
other terms, if any, as the Court thinks just, and shall require the 
person against whom the order is made to make an affidavit stating whether 
any documents specified or described in the order are, or at any time have 
been, in his possession, custody or power and, if not then in his 
possession, custody or power, when he parted with them and what has become 
of them.

(6)	No person shall be compelled by virtue of such an order to 
produce any documents which he could not be compelled to produce-

        (a)	in the case of a summons under paragraph (1), if the subsequent 
proceedings had already been begun; or

        (b)	in the case of a summons under paragraph (2), if he had been 
served with a writ of subpoena duces tecum to produce the documents at the 
trial.

(7)	In this rule, "a claim for personal injuries" (就人身傷害提出申索) means 
a claim for personal injuries or arising out of the death of a person.  
(L.N. 217 of 2000)

(8)	For the purposes of rules 10 and 11 an application for an order 
under section 47A or 47B(1) of the Ordinance shall be treated as a cause 
or matter between the applicant and the person against whom the order is 
sought.

8.	Discovery to be ordered only if necessary (O. 24, r. 8)

On the hearing of an application for an order under rule 3, 7 or 7A, 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.

9.	Inspection of documents referred to 
	in list (O. 24, r. 9)

A party who has served a list of documents on any other party must allow 
the other party to inspect the documents referred to in the list (other 
than any which he objects to produce) and to take copies thereof and, 
accordingly, he must, when he serves the list on the other party, also 
serve on him a notice stating a time within 7 days after the service 
thereof at which the said documents may be inspected at a place specified 
in the notice.

10.	Inspection of documents referred to in pleadings 
	and affidavits (O. 24, r. 10)


(1)	Any party to a cause or matter shall be entitled at any time to 
serve a notice on any other party in whose pleadings, affidavits, or 
witness statements served under Order 38, rule 2A, or experts' reports, 
reference is made to any document requiring him to produce that document 
for the inspection of the party giving the notice and to permit him to 
take copies thereof.

(2)	The party on whom a notice is served under paragraph (1) must, 
within 4 days after service of the notice, serve on the party giving the 
notice a notice stating a time within 7 days after the service thereof at 
which the documents, or such of them as he does not object to produce, may 
be inspected at a place specified in the notice, and stating which (if 
any) of the documents he objects to produce and on what grounds.

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)-

        (a)	fails to serve a notice under rule 9 or, as the case may be, 
rule 10(2); or

        (b)	objects to produce any document for inspection; or

        (c)	offers inspection at a time or place such that, in the opinion 
of the Court, it is unreasonable to offer 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.

(2)	Without prejudice to paragraph (1), but subject to rule 13(1), 
the Court may, on the application of any party to a cause or matter, order 
any other party to permit the party applying to inspect any documents in 
the possession, custody or power of that other party relating to any 
matter in question in the cause or matter.

(3)	An application for an order under paragraph (2) must be 
supported by an affidavit specifying or describing the documents of which 
inspection is sought and stating the belief of the deponent that they are 
in the possession, custody or power of the other party and that they 
relate to a matter in question in the cause or matter.

11A.	Provision of copies of documents (O. 24, r. 11A)


(1)	Any party who is entitled to inspect any documents under any 
provision of this Order or any order made thereunder may, at or before the 
time when inspection takes place, serve on the party who is required to 
produce such documents for inspection a notice (which shall contain an 
undertaking to pay the reasonable charges) requiring him to supply a true 
copy of any such document as is capable of being copied by photographic or 
similar process.

(2)	The party on whom such a notice is served must, within 7 days 
after receipt thereof, supply the copy requested together with an account 
of the reasonable charges.

(3)	Where a party fails to supply to another party a copy of any 
document under paragraph (2), the Court may, on the application of either 
party, make such order as to the supply of that document as it thinks fit.

12.	Order for production to Court (O. 24, r. 12)

At any stage of the proceedings in any cause or matter the Court may, 
subject to rule 13(1), order any party to produce to the Court any 
document in his possession, custody or power relating to any matter in 
question in the cause or matter and the Court may deal with the document 
when produced in such manner as it thinks fit.

13.	Production to be ordered only if necessary, etc. 
	(O. 24, r. 13)


(1)	No order for the production of any documents for inspection or 
to the Court or for the supply of a copy of any document shall be made 
under any of the foregoing rules unless the Court is of opinion that the 
order is necessary either for disposing fairly of the cause or matter or 
for saving costs.

(2)	Where, on an application under this Order for production of any 
document for inspection or to the Court or for the supply of a copy of any 
document, privilege from such production or supply is claimed or objection 
is made to such production or supply on any other ground, the Court may 
inspect the document for the purpose of deciding whether the claim or 
objection is valid.

14.	Production of business books (O. 24, r. 14)


(1)	Where production of any business books for inspection is 
applied for under any of the foregoing rules, the Court may, instead of 
ordering production of the original books for inspection, order a copy or 
any entries therein to be supplied and verified by an affidavit of some 
person who has examined the copy with the original books.

(2)	Any such affidavit shall state whether or not there are in the 
original book any and what erasures, interlineations or alterations.

(3)	Notwithstanding that a copy of any entries in any book has been 
supplied under this rule, the Court may order production of the book from 
which the copy was made.

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.

16.	Failure to comply with requirement for 
	discovery, etc. (O. 24, r. 16)


(1)	If any party who is required by any order or direction to make 
discovery of documents or to produce any documents for the purpose of 
inspection or any other purpose or to supply copies thereof fails to 
comply with that order or direction, the Court may make such order as it 
thinks just including, in particular, an order that the action be 
dismissed or, as the case may be, an order that the defence be struck out 
and judgment be entered accordingly.

(2)	If any party against whom an order for discovery or production 
of documents is made fails to comply with it, then, without prejudice to 
paragraph (1), he shall be liable to committal.

(3)	Service on a party's solicitor of an order for discovery or 
production of documents made against that party shall be sufficient 
service to found an application for committal of the party disobeying the 
order, but the party may show in answer to the application that he had no 
notice or knowledge of the order.

(4)	A solicitor on whom such an order made against his client is 
served and who fails without reasonable excuse to give notice thereof to 
his client shall be liable to committal.
"list of documents" (文件清單)
"a claim for personal injuries" (就人身傷害提出申索)


THE RULES OF THE DISTRICT COURT - ORDER 25
CASE MANAGEMENT SUMMONS AND CONFERENCE VerDate:02/04/2009



1.	Case management summons and
	conference (O. 25, r. 1)


(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-

        (a)	complete a questionnaire prescribed in a practice direction 
issued for that purpose by providing the information requested in the 
manner specified in the questionnaire; and

        (b)	serve it on all other parties or file it with the Court in the 
manner specified in the practice direction.

(2)	Where, upon completion of the questionnaire, the parties are 
able to reach an agreement on-

        (a)	the directions relating to the management of the case that they 
wish the Court to make; or

        (b)	a timetable for the steps to be taken between the date of the 
giving of those directions and the date of the trial,
they shall procure an order to that effect by way of a consent summons.

(3)	Where there is no agreement on any of the matters specified in 
paragraph (2)(a) and (b)-

        (a)	each party shall in the questionnaire make a proposal on the 
matter; and

        (b)	the plaintiff shall, within the period specified in the 
practice direction, take out a summons (in these Rules referred to as a 
case management summons) returnable in not less than 14 days, so that the 
Court may give directions relating to the management of the case.

(4)	This rule applies to all actions begun by writ except-

        (a)	actions in which the plaintiff or defendant has applied for 
judgment under Order 14, or in which the plaintiff has applied for 
judgment under Order 86, and directions have been given under the relevant 
Order;

        (b)	actions in which the plaintiff or defendant has applied under 
Order 18, rule 21, for trial without pleadings or further pleadings and 
directions have been given under that rule;

        (c)	actions in which an order has been made under Order 24, rule 4, 
for the trial of an issue or question before discovery;

        (d)	actions in which directions have been given under Order 29, 
rule 7;

        (e)	actions in which an order for the taking of an account has been 
made under Order 43, rule 1;

        (f)	actions in which an application for transfer to a specialist 
list is pending; and

        (g)	actions for personal injuries for which automatic directions 
are provided by rule 11.

(5)	If the plaintiff does not file the questionnaire in accordance 
with paragraph (1)(b) or take out a case management summons in accordance 
with paragraph (3)(b), the defendant or any defendant may-

        (a)	take out a case management summons; or

        (b)	apply for an order to dismiss the action.

(6)	On an application by a defendant to dismiss the action under 
paragraph (5), the Court may either dismiss the action on such terms as 
may be just or deal with the application as if it were a case management 
summons.

(7)	In the case of an action which is proceeding only as respects a 
counterclaim, references in this rule and rule 2(1)(c) to the plaintiff 
and defendant are to be construed respectively as references to the party 
making the counterclaim and the defendant to the counterclaim.

(8)	Notwithstanding anything in paragraph (3), any party to an 
action to which this rule applies may take out a case management summons 
at any time after the defendant has given notice of intention to defend, 
or, if there are two or more defendants, at least one of them has given 
such notice.

2.	Case management timetable
	(O. 25, r. 2)


(1)	Subject to paragraph (4), as soon as practicable after the 
completed questionnaire has been filed with the Court, the Court shall, 
having regard to the questionnaire and the needs of the case-

        (a)	give directions relating to the management of the case and fix 
the timetable for the steps to be taken between the date of the giving of 
those directions and the date of the trial;

        (b)	fix a case management conference if the Court is of the opinion 
that it is desirable to do so; or

        (c)	direct the plaintiff to take out a case management summons if 
he has not already done so under rule 1(3)(b).

(2)	Where the Court has fixed a case management conference, it 
shall-

        (a)	give directions relating to the management of the case and fix 
the timetable for the steps to be taken between the date of the giving of 
those directions and the date of the case management conference; and

        (b)	at the case management conference, fix a timetable for the 
steps to be taken between the date of the conference and the date of the 
trial, and the timetable must include-

        (i)	a date for a pre-trial review; or

        (ii)	the trial date or the period in which the trial is to take 
place.

(3)	Where the Court has not fixed a case management conference, any 
timetable fixed under paragraph (1)(a) must include-

        (a)	a date for a pre-trial review; or

        (b)	the trial date or the period in which the trial is to take 
place.

(4)	The Court may, without a hearing of the case management summons 
and having regard to the completed questionnaire, by an order nisi, give 
directions relating to the management of the case and fix the timetable 
for the steps to be taken between the date of the giving of those 
directions and the date of the trial.

(5)	The order nisi becomes absolute 14 days after the order is made 
unless a party has applied to the Court for varying the order.

(6)	The Court shall, on an application made under paragraph (5), 
hear the case management summons.

3.	Variation of case management
	timetable (O. 25, r. 3)


(1)	The Court may, either of its own motion or on the application 
of a party, give further directions relating to the management of the case 
or vary any timetable fixed by it under rule 2.

(2)	A party may apply to the Court if he wishes to vary a milestone 
date.

(3)	The Court shall not grant an application under paragraph (2) 
unless there are exceptional circumstances justifying the variation.

(4)	A non-milestone date may be varied by procuring an order to 
that effect by way of a consent summons.

(5)	A party may apply to the Court if he wishes to vary a 
non-milestone date without the agreement of the other parties.

(6)	The Court shall not grant an application under paragraph (5) 
unless sufficient grounds have been shown to it.

(7)	Whether or not sufficient grounds have been shown to it, the 
Court shall not grant an application under paragraph (5) if the variation 
would make it necessary to change a trial date or the period in which the 
trial is to take place.

(8)	In this rule-
"milestone date" (進度指標日期) means-

        (a)	a date which the Court has fixed for-

        (i)	a case management conference;

        (ii)	a pre-trial review; or

        (iii)	the trial; or

        (b)	a period fixed by the Court in which a trial is to take place;
"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".

4.	Failure to appear at case
	management conference or
	pre-trial review (O. 25, r. 4)


(1)	Where the plaintiff does not appear at the case management 
conference or pre-trial review, the Court shall provisionally strike out 
the plaintiff's claim.

(2)	Where the defendant has made a counterclaim in the action and 
he does not appear at the case management conference or pre-trial review, 
the Court shall provisionally strike out the defendant's counterclaim.

(3)	Where the Court has provisionally struck out a claim or 
counterclaim under paragraph (1) or (2), the plaintiff or the defendant 
may, before the expiry of 3 months from the date of the case management 
conference or pre-trial review, as the case may be, apply to the Court for 
restoration of the claim or counterclaim.

(4)	The Court may restore the claim or counterclaim subject to such 
conditions as it thinks fit or refuse to restore it.

(5)	The Court shall not restore the claim or counterclaim unless 
good reasons have been shown to the satisfaction of the Court.

(6)	If the plaintiff or the defendant does not apply under 
paragraph (3) or his application under that paragraph is refused, then-

        (a)	the plaintiff's claim or the defendant's counterclaim stands 
dismissed upon the expiry of 3 months from the date of the case management 
conference or pre-trial review, as the case may be; and

        (b)	(i)	in the case of the plaintiff's claim, the defendant 
is entitled to his costs of the claim; and

        (ii)	in the case of the defendant's counterclaim, the plaintiff is 
entitled to his costs of the counterclaim.

5.	Duty to consider all matters
	(O. 25, r. 5)


(1)	When the case management summons first comes to be determined, 
the Court shall consider whether-

        (a)	it is possible to deal then with all the matters which, by the 
rules of this Order, are required to be considered at the case management 
summons; or

        (b)	it is expedient to adjourn the consideration of all or any of 
those matters until a later stage.

(2)	If when the case management summons first comes to be 
determined, the Court considers that it is possible to deal then with all 
the matters referred to in paragraph (1), it shall-

        (a)	deal with them forthwith; and

        (b)	endeavour to secure that all other matters which must or can be 
dealt with on interlocutory applications and have not already been dealt 
with are also then dealt with.

(3)	If, when the case management summons first comes to be 
determined, the Court considers that it is expedient to adjourn the 
consideration of all or any of the matters which, by the rules of this 
Order, are required to be considered at the case management summons, the 
Court shall-

        (a)	deal forthwith with such of those matters as it considers can 
conveniently be dealt with forthwith and adjourn the consideration of the 
remaining matters; and

        (b)	endeavour to secure that all other matters which must or can be 
dealt with on interlocutory applications and have not already been dealt 
with are dealt with either then or at such time as the Court may specify.

(4)	Subject to paragraph (5), and except where the parties agree to 
the making of an order under Order 33 as to the place or mode of trial 
before all the matters which, by the rules of this Order, are required to 
be considered at the case management summons have been dealt with, no such 
order shall be made until all those matters have been dealt with.

(5)	If, at the determination of the case management summons, an 
action is ordered to be transferred to the Court of First Instance or some 
other court, paragraph (4) does not apply and nothing in this Order shall 
be construed as requiring the Court to make any further order at the case 
management summons.

(6)	If the determination of the case management summons is 
adjourned without a day being fixed for its resumption, any party may 
restore the summons to the list on 2 days' notice to the other parties.

6.	Particular matters for consideration
	(O. 25, r. 6)

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-

        (a)	any provision of Part IV and Part V of the Evidence Ordinance 
(Cap 8) (hearsay evidence of fact or opinion in civil proceedings) or of 
Part III and Part IV of Order 38;

        (b)	Order 20, rule 5 and Order 38, rules 2 to 7;

        (c)	sections 41 and 42 of the Ordinance.

7.	Admissions and agreements to
	be made (O. 25, r. 7)

At the determination of the case management summons, the Court-

        (a)	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

        (b)	may cause the order on the summons to record-

        (i)	any admissions or agreements so made; and

        (ii)	(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.

8.	Limitation of right of appeal
	(O. 25, r. 8)

Nothing in rule 7 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.

9.	Duty to give all information at
	determination of case management
	summons (O. 25, r. 9)


(1)	Subject to paragraph (5), no affidavit shall be used at the 
determination of the case management summons except by the leave or 
directions of the Court.

(2)	Subject to paragraph (7), it is 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.

(3)	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.

(4)	In the absence of such authority, any information or document 
given or produced under paragraph (2) shall be given or produced to all 
the parties as well as to the Court.

(5)	No leave is required by virtue of paragraph (1) for the use of 
an affidavit by any party at the determination of the case management 
summons in connection with any application thereat for any order if, under 
any of these Rules, an application for such an order is required to be 
supported by an affidavit.

(6)	If the Court at the determination of the case management 
summons requires a party to the action or his solicitor or counsel to give 
any information or produce any document and that information or document 
is not given or produced, then, subject to paragraph (7), the Court may-

        (a)	cause the facts to be recorded in the order with a view to such 
special order, if any, as to costs as may be just being made at the trial; 
or

        (b)	if it appears to the Court to be just so to do-

        (i)	order the whole or any part of the pleadings of the party 
concerned to be struck out; or

        (ii)	if the party is plaintiff or the claimant under a 
counterclaim, order the action or counterclaim to be dismissed on such 
terms as may be just.

(7)	Notwithstanding anything in this rule, no information or 
documents which are privileged from disclosure are required to be given or 
produced under this rule by or by the advisers of any party otherwise than 
with the consent of that party.

10.	Duty to make all interlocutory
	applications at case management
	summons (O. 25, r. 10)


(1)	Any party to whom the case management summons is addressed must-

        (a)	so far as practicable apply at the time fixed for determination 
of the summons for any order or directions which he may desire as to any 
matter capable of being dealt with on an interlocutory application in the 
action; and

        (b)	not less than 7 days before the time fixed for determination of 
the summons, serve on the other parties a notice specifying those orders 
and directions in so far as they differ from the orders and directions 
asked for by the summons.

(2)	If-

        (a)	the determination of the case management summons is  adjourned; 
and

        (b)	any party to the proceedings desires to apply for any order or 
directions not asked for by the summons or in any notice given under 
paragraph (1),
he must, not less than 7 days before the resumption of the determination 
of the summons, serve on the other parties a notice specifying those 
orders and directions in so far as they differ from the orders and 
directions asked for by the summons or in any notice given under paragraph 

(1).

(3)	Any application subsequent to the case management summons and 
before judgment as to any matter capable of being dealt with on an 
interlocutory application in the action must be made under the summons by 
2 clear days' notice to the other party stating the grounds of the 
application.

11.	Automatic directions in personal
	injury actions (O. 25, r. 11)


(1)	When the pleadings in any action to which this rule applies are 
deemed to be closed, the following directions take effect automatically-

        (a)	there shall be discovery of documents within 14 days in 
accordance with Order 24, rule 2, and inspection within 7 days thereafter, 
save that where liability is admitted, or where the action arises out of a 
road accident, discovery shall be limited to disclosure by the plaintiff 
of any documents relating to special damages;

        (b)	photographs, a sketch plan and the contents of any police 
accident report shall be receivable in evidence at the trial and shall be 
agreed if possible;

        (c)	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.

(2)	Nothing in paragraph (1)-

        (a)	prevents any party to an action to which this rule applies from 
applying to the Court for such further or different directions or orders 
as may, in the circumstances, be appropriate; or

        (b)	prevents the making of an order for the transfer of the 
proceedings to the Court of First Instance.

(3)	For the purpose of this rule-
"a road accident" (道路意外) means an accident on land due to a collision or 
apprehended collision involving a vehicle;
"documents relating to special damages" (關於專項損害賠償的文件) include-

        (a)	documents relating to any industrial injury, industrial 
disablement or sickness benefit rights; and

        (b)	where the claim is made under the Fatal Accidents Ordinance 
(Cap 22), documents relating to any claim for dependency on the deceased.

(4)	This rule applies to any action for personal injuries except-

        (a)	any Admiralty action; and

        (b)	any action where the pleadings contain an allegation of a 
negligent act or omission in the course of medical treatment.

12.	Application to action in specialist
	list (O. 25, r. 12)

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.

13.	Transitional
	(O. 25, r. 13)


(1)	Where immediately before the commencement* of this Order, a 
summons for directions taken out under rule 7 of the repealed Order 23A is 
pending, then the summons for directions is deemed to be-

        (a)	if it was taken out by the plaintiff, a case management summons 
taken out under rule 1(3)(b); or

        (b)	if it was taken out by the defendant, a case management summons 
taken out under rule 1(5).

(2)	Where before the commencement of this Order-

        (a)	the Court has given a direction requiring the plaintiff to 
apply for a pre-trial review under the repealed Order 34 or a memorandum 
setting out such a direction has been filed under rule 4 of the repealed 
Order 23A; and

        (b)	the plaintiff has not made the application in accordance with 
the direction,
then the direction is deemed to be a direction requiring the plaintiff to 
take out a case management summons under rule 1(3)(b).

(3)	Where immediately before the commencement of this Order, an 
application for a pre-trial review made under the repealed Order 34 is 
pending, then the application is deemed to be a case management summons 
taken out under this Order, irrespective of whether a notice in response 
has been filed under the repealed Order 34.

(4)	Where before the commencement of this Order, the pleadings in 
an action to which this rule applies are deemed to have been closed and 
paragraphs (1), (2) and (3) are not applicable, then rule 1(1) has effect 
as if for the words "the pleadings in an action to which this rule applies 
are deemed to be closed", there were substituted the words "the 
commencement of this Order".

(5)	In this rule-
"repealed Order 23A" (已廢除的第23號命令) means Order 23A repealed by rule 78 of 
the Amendment Rules 2008;
"repealed Order 34" (已廢除的第34號命令) means Order 34 repealed by rule 151 of 
the Amendment Rules 2008.
(L.N. 153 of 2008)
___________________________________________________________________________
______________
Note:
*	Commencement day: 2 April 2009.
"milestone date" (進度指標日期)
"non-milestone date" (非進度指標日期)
"a road accident" (道路意外)
"documents relating to special damages" (關於專項損害賠償的文件)
"repealed Order 23A" (已廢除的第23號命令)
"repealed Order 34" (已廢除的第34號命令)


THE RULES OF THE DISTRICT COURT - ORDER 26
INTERROGATORIES VerDate:02/04/2009



1.	Discovery by interrogatories (O. 26, r. 1)


(1)	A party to any cause or matter may apply to the Court for an 
order-

        (a)	giving him leave to serve on any other party interrogatories 
relating to any matter in question between the applicant and that other 
party in the cause or matter; and

        (b)	requiring that other party to answer the interrogatories on 
affidavit within such period as may be specified in the order.

(2)	An application under this rule shall be made by summons or by 
notice under Order 25, rule 10 and a copy of the proposed interrogatories 
shall be served with the summons or notice.  (L.N. 153 of 2008)

(2A)	On the hearing of an application under this rule, the Court 
shall give leave as to such only of the interrogatories as it considers 
necessary either for disposing fairly of the cause or matter or for 
savings costs; and in deciding whether to give leave the Court shall take 
into account any offer made by the party to be interrogated to give 
particulars, make admissions or produce documents relating to any matter 
in question.  (L.N. 153 of 2008)

(3)	A proposed interrogatory which does not relate to such a matter 
as is mentioned in paragraph (1) shall be disallowed notwithstanding that 
it might be admissible in oral cross-examination of a witness.

2.	Interrogatories where party is a body 
	of persons (O. 26, r. 2)

Where a party to a cause or matter is a body of persons, whether corporate 
or unincorporate, being a body which is empowered by law to sue or be sued 
whether in its own name or in the name of an officer or other person, the 
Court may, on the application of any other party, make an order allowing 
him to serve interrogatories on such officer or member of the body as may 
be specified in the order.

3A.	Statement as to party, etc., required 
	to answer (O. 26, r. 3A)

Where interrogatories are to be served on 2 or more parties or are 
required to be answered by an agent or servant of a party, a note at the 
end of the interrogatories shall state which of the interrogatories each 
party or, as the case may be, an agent or servant is required to answer, 
and which agent or servant.

5.	Objections and insufficient answers (O. 26, r. 5)


(1)	Where a person objects to answering any interrogatory on the 
ground of privilege he may take the objection in his answer.

(2)	Where any person on whom ordered interrogatories have been 
served answers any of them insufficiently, the Court may make an order 
requiring him to make a further answer, either by affidavit or on oral 
examination as the Court may direct.

6.	Failure to comply with order (O. 26, r. 6)


(1)	If a party against whom an order is made under rule 1 or 5(2) 
fails to comply with it, the Court may make such order as it thinks just 
including, in particular, an order that the action be dismissed or, as the 
case may be, an order that the defence be struck out and judgment be 
entered accordingly.

(2)	If a party against whom an order is made under rule 1 or 5(2) 
fails to comply with it, then, without prejudice to paragraph (1), he 
shall be liable to committal.

(3)	Service on a party's solicitor of an order to answer 
interrogatories made against the party shall be sufficient service to 
found an application for committal of the party disobeying the order, but 
the party may show in answer to the application that he had no notice or 
knowledge of the order.

(4)	A solicitor on whom an order to answer interrogatories made 
against his client is served and who fails without reasonable excuse to 
give notice thereof to his client shall be liable to committal.

7.	Use of answers to interrogatories at trial (O. 26, r. 7)

A party may put in evidence at the trial of a cause or matter, or of any 
issue therein, some only of the answers to interrogatories, or part only 
of such an answer, without putting in evidence the other answers or, as 
the case may be, the whole of that answer, but the Court may look at the 
whole of the answers and if of opinion that any other answer or other part 
of an answer is so connected with an answer or part thereof used in 
evidence that the one ought not to be so used without the other, the Court 
may direct that that other answer or part shall be put in evidence.

8.	Revocation and variation of orders (O. 26, r. 8)

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.



THE RULES OF THE DISTRICT COURT - ORDER 26
INTERROGATORIES VerDate:01/09/2000



1.	Discovery by interrogatories (O. 26, r. 1)


(1)	A party to any cause or matter may apply to the Court for an 
order-

        (a)	giving him leave to serve on any other party interrogatories 
relating to any matter in question between the applicant and that other 
party in the cause or matter; and

        (b)	requiring that other party to answer the interrogatories on 
affidavit within such period as may be specified in the order.

(2)	An application under this rule shall be made by summons or by 
notice under Order 23A, rule 8(2) and a copy of the proposed 
interrogatories shall be served with the summons or notice.

(2A)	On the hearing of an application under this rule, the Court 
shall give leave as to such only of the interrogatories as it considers 
necessary either for disposing fairly of the cause or matter or for 
savings costs; and in deciding whether to give leave the Court shall take 
into account any offer made by the party to be interrogated or to give 
particulars, make admissions or produce documents relating to any matter 
in question.

(3)	A proposed interrogatory which does not relate to such a matter 
as is mentioned in paragraph (1) shall be disallowed notwithstanding that 
it might be admissible in oral cross-examination of a witness.

2.	Interrogatories where party is a body 
	of persons (O. 26, r. 2)

Where a party to a cause or matter is a body of persons, whether corporate 
or unincorporate, being a body which is empowered by law to sue or be sued 
whether in its own name or in the name of an officer or other person, the 
Court may, on the application of any other party, make an order allowing 
him to serve interrogatories on such officer or member of the body as may 
be specified in the order.

3A.	Statement as to party, etc., required 
	to answer (O. 26, r. 3A)

Where interrogatories are to be served on 2 or more parties or are 
required to be answered by an agent or servant of a party, a note at the 
end of the interrogatories shall state which of the interrogatories each 
party or, as the case may be, an agent or servant is required to answer, 
and which agent or servant.

5.	Objections and insufficient answers (O. 26, r. 5)


(1)	Where a person objects to answering any interrogatory on the 
ground of privilege he may take the objection in his answer.

(2)	Where any person on whom ordered interrogatories have been 
served answers any of them insufficiently, the Court may make an order 
requiring him to make a further answer, either by affidavit or on oral 
examination as the Court may direct.

6.	Failure to comply with order (O. 26, r. 6)


(1)	If a party against whom an order is made under rule 1 or 5(2) 
fails to comply with it, the Court may make such order as it thinks just 
including, in particular, an order that the action be dismissed or, as the 
case may be, an order that the defence be struck out and judgment be 
entered accordingly.

(2)	If a party against whom an order is made under rule 1 or 5(2) 
fails to comply with it, then, without prejudice to paragraph (1), he 
shall be liable to committal.

(3)	Service on a party's solicitor of an order to answer 
interrogatories made against the party shall be sufficient service to 
found an application for committal of the party disobeying the order, but 
the party may show in answer to the application that he had no notice or 
knowledge of the order.

(4)	A solicitor on whom an order to answer interrogatories made 
against his client is served and who fails without reasonable excuse to 
give notice thereof to his client shall be liable to committal.

7.	Use of answers to interrogatories at trial (O. 26, r. 7)

A party may put in evidence at the trial of a cause or matter, or of any 
issue therein, some only of the answers to interrogatories, or part only 
of such an answer, without putting in evidence the other answers or, as 
the case may be, the whole of that answer, but the Court may look at the 
whole of the answers and if of opinion that any other answer or other part 
of an answer is so connected with an answer or part thereof used in 
evidence that the one ought not to be so used without the other, the Court 
may direct that that other answer or part shall be put in evidence.

8.	Revocation and variation of orders (O. 26, r. 8)

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.



THE RULES OF THE DISTRICT COURT - ORDER 27
ADMISSIONS VerDate:02/04/2009



1.	Admission of case of other party (O. 27, r. 1)

Without prejudice to Order 18, rule 13, a party to a cause or matter may 
give notice, by his pleading or otherwise in writing, that he admits the 
truth of the whole or any part of the case of any other party.

2.	Notice to admit (O. 27, r. 2)


(1)	A party to a cause or matter may, not later than the expiration 
of 21 days after the cause or matter is set down for trial, serve on any 
other party a notice requiring him to admit, for the purpose of that cause 
or matter only, such facts or such part of his case as may be specified in 
the notice.  (L.N. 153 of 2008)

(2)	An admission made in compliance with a notice under this rule 
shall not be used against the party by whom it was made in any cause or 
matter other than the cause or matter for the purpose of which it was made 
or in favour of any person other than the person by whom the notice was 
given, and the Court may at any time allow a party to amend or withdraw an 
admission so made by him on such terms as may be just.

3.	Judgment on admissions (O. 27, r. 3)


(1)	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.

(2)	An application for an order under this rule may be made by 
summons.

4.	Admission and production of documents specified
	in list of documents (O. 27, r. 4)


(1)	Subject to paragraph (2) and without prejudice to the right of 
a party to object to the admission in evidence of any document, a party on 
whom a list of documents is served in pursuance of any provision of Order 
24 shall, unless the Court otherwise orders, be deemed to admit-  (L.N. 
153 of 2008)

        (a)	that any document described in the list as an original document 
is such a document and was printed, written, signed or executed as it 
purports respectively to have been; and

        (b)	that any document described therein as a copy is a true copy.
This paragraph does not apply to a document the authenticity of which the 
party has denied in his pleading.

(2)	If before the expiration of 21 days after inspection of the 
documents specified in a list of documents or after the time limited for 
inspection of those documents expires, whichever is the later, the party 
on whom the list is served serves on the party whose list it is a notice 
stating, in relation to any document specified therein, that he does not 
admit the authenticity of that document and requires it to be proved at 
the trial, he shall not be deemed to make any admission in relation to 
that document under paragraph (1).

(3)	A party to a cause or matter by whom a list of documents is 
served on any other party in pursuance of any provision of Order 24 shall 
be deemed to have been served by that other party with a notice requiring 
him to produce at the trial of the cause or matter such of the documents 
specified in the list as are in his possession, custody or power.  (L.N. 
153 of 2008)

(4)	The foregoing provisions of this rule apply in relation to an 
affidavit made in compliance with an order under Order 24, rule 7, as they 
apply in relation to a list of documents served in pursuance of any 
provision of Order.  (L.N. 153 of 2008)

5.	Notices to admit or produce documents (O. 27, r. 5)


(1)	Except where rule 4(1) applies, a party to a cause or matter 
may, not later than the expiration of 21 days after the cause or matter is 
set down for trial, serve on any other party a notice requiring him to 
admit the authenticity of the documents specified in the notice.  (L.N. 
153 of 2008)

(2)	If a party on whom a notice under paragraph (1) is served 
desires to challenge the authenticity of any document therein specified he 
must, within 21 days after service of the notice, serve on the party by 
whom it was given a notice stating that he does not admit the authenticity 
of the document and requires it to be proved at the trial.  (L.N. 153 of 
2008)

(3)	A party who fails to give a notice of non-admission in 
accordance with paragraph (2) in relation to any document shall be deemed 
to have admitted the authenticity of that document unless the Court 
otherwise orders.

(4)	Except where rule 4(3) applies, a party to a cause or matter 
may serve on any other party a notice requiring him to produce the 
documents specified in the notice at the trial of the cause or matter.



THE RULES OF THE DISTRICT COURT - ORDER 27
ADMISSIONS VerDate:01/09/2000



1.	Admission of case of other party (O. 27, r. 1)

Without prejudice to Order 18, rule 13, a party to a cause or matter may 
give notice, by his pleading or otherwise in writing, that he admits the 
truth of the whole or any part of the case of any other party.

2.	Notice to admit (O. 27, r. 2)


(1)	A party to a cause or matter may, not later than the expiration 
of the period fixed by any order or direction made or taking effect under 
Order 23A, rule 4, 5 or 9, or otherwise, for applying for a pre-trial 
review under Order 34, serve on any other party a notice requiring him to 
admit, for the purpose of that cause or matter only, such facts or such 
part of his case as may be specified in the notice.

(2)	An admission made in compliance with a notice under this rule 
shall not be used against the party by whom it was made in any cause or 
matter other than the cause or matter for the purpose of which it was made 
or in favour of any person other than the person by whom the notice was 
given, and the Court may at any time allow a party to amend or withdraw an 
admission so made by him on such terms as may be just.

3.	Judgment on admissions (O. 27, r. 3)


(1)	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.

(2)	An application for an order under this rule may be made by 
summons.

4.	Admission and production of documents specified 
	in list of documents (O. 27, r. 4)


(1)	Subject to paragraph (2) and without prejudice to the right of 
a party to object to the admission in evidence of any document, a party on 
whom a list of documents is served in pursuance of any order or direction 
made or taking effect under Order 23A or 24 shall, unless the Court 
otherwise orders, be deemed to admit-

        (a)	that any document described in the list as an original document 
is such a document and was printed, written, signed or executed as it 
purports respectively to have been; and

        (b)	that any document described therein as a copy is a true copy.
This paragraph does not apply to a document the authenticity of which the 
party has denied in his pleading.

(2)	If before the expiration of 21 days after inspection of the 
documents specified in a list of documents or after the time limited for 
inspection of those documents expires, whichever is the later, the party 
on whom the list is served serves on the party whose list it is a notice 
stating, in relation to any document specified therein, that he does not 
admit the authenticity of that document and requires it to be proved at 
the trial, he shall not be deemed to make any admission in relation to 
that document under paragraph (1).

(3)	A party to a cause or matter by whom a list of documents is 
served on any other party in pursuance of any order or direction made or 
taking effect under Order 23A or 24 shall be deemed to have been served by 
that other party with a notice requiring him to produce at the trial of 
the cause or matter such of the documents specified in the list as are in 
his possession, custody or power.

(4)	The foregoing provisions of this rule apply in relation to an 
affidavit made in compliance with an order under Order 24, rule 7, as they 
apply in relation to a list of documents served in pursuance of any order 
or direction made or taking effect under Order 23A or 24.

5.	Notices to admit or produce documents (O. 27, r. 5)


(1)	Except where rule 4(1) applies, a party to a cause or matter 
may, not later than the expiration of the period fixed by any order or 
direction made or taking effect under Order 23A, rule 4, 5 or 9, or 
otherwise, for applying a pre-trial review under Order 34, serve on any 
other party a notice requiring him to admit the authenticity of the 
documents specified in the notice.

(2)	If a party on whom a notice under paragraph (1) is served 
desires to challenge the authenticity of any document therein specified he 
must, within 14 days after service of the notice, serve on the party by 
whom it was given a notice stating that he does not admit the authenticity 
of the document and requires it to be proved at the trial.

(3)	A party who fails to give a notice of non-admission in 
accordance with paragraph (2) in relation to any document shall be deemed 
to have admitted the authenticity of that document unless the Court 
otherwise orders.

(4)	Except where rule 4(3) applies, a party to a cause or matter 
may serve on any other party a notice requiring him to produce the 
documents specified in the notice at the trial of the cause or matter.



THE RULES OF THE DISTRICT COURT - ORDER 28
ORIGINATING SUMMONS PROCEDURE VerDate: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)


(1)	In any cause or matter begun by originating summons (not being 
an ex parte summons) the plaintiff must, before the expiration of 14 days 
after the defendant has acknowledged service, or, if there are 2 or more 
defendants, at least one of them has acknowledged service, file with the 
Court the affidavit evidence on which he intends to rely.

(2)	In the case of an ex parte summons the applicant must file his 
affidavit evidence not less than 4 clear days before the day fixed for the 
hearing.

(3)	Copies of the affidavit evidence filed in the Court under 
paragraph (1) must be served by the plaintiff on the defendant, or, if 
there are 2 or more defendants, on each defendant, before the expiration 
of 14 days after service has been acknowledged by that defendant.

(4)	Where a defendant who has acknowledged service wishes to adduce 
affidavit evidence he must within 28 days after service on him of copies 
of the plaintiff's affidavit evidence under paragraph (3) file his own 
affidavit evidence in the Court and serve copies thereof on the plaintiff 
and on any other defendant who is affected thereby.

(5)	A plaintiff on whom a copy of a defendant's affidavit evidence 
has been served under paragraph (4) may within 14 days of such service 
file in the Court further affidavit evidence in reply and shall in that 
event serve copies thereof on that defendant.

(6)	No other affidavit shall be received in evidence without the 
leave of the Court.

(7)	Where an affidavit is required to be served by one party on 
another party it shall be served without prior charge.

(8)	The provisions of this rule apply subject to any direction by 
the Court to the contrary.

(9)	In this rule references to affidavits and copies of affidavits 
include references to exhibits to affidavits and copies of such exhibits.

2.	Fixing time for attendance of parties
	before Court (O. 28, r. 2)


(1)	In the case of an originating summons which is in Form No. 8 in 
Appendix A the plaintiff must, within one month of the expiry of the time 
within which copies of affidavit evidence may be served under rule 1A, 
obtain an appointment for the attendance of the parties before the Court 
sitting in chambers for the hearing of the summons, and a day and time for 
their attendance shall be fixed by a notice (in Form No. 12 in Appendix A) 
sealed with the seal of the Court.

(2)	A day and time for the attendance of the parties before the 
Court for the hearing of an originating summons which is in Form No. 10 in 
Appendix A, or for the hearing of an ex parte originating summons, may be 
fixed on the application of the plaintiff or applicant, as the case may be 
and in the case of a summons which is required to be served, the time 
limited for acknowledging service shall, where appropriate, be abridged so 
as to expire on the next day but one before the day so fixed, and the time 
limits for lodging affidavits under rule 1A(2) and (3) shall, where 
appropriate, be abridged so as to expire, respectively, on the fifth day 
before, and the next day but one before, the day so fixed.

(3)	Where a plaintiff fails to apply for an appointment under 
paragraph (1), any defendant may, with the leave of the Court, obtain an 
appointment in accordance with that paragraph provided that he has 
acknowledged service of the originating summons.

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 fi