THE RULES OF THE HIGH COURT - CHAPTER 4A THE RULES OF THE HIGH COURT - LONG TITLE Empowering section VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 THE RULES OF THE HIGH COURT (25 of 1998 s. 2) (Cap 4, section 54) [These rules (other than Order 75) } 1 May 1988 Order 75 } 24 February 1989 3 of 1989 s. 5] (L.N. 117 of 1988) THE RULES OF THE SUPREME COURT - LONG TITLE Empowering section VerDate:30/06/1997 (Cap 4, section 54) [These rules, other than Order 75 : 1 May 1988 Order 75 : 24 February 1989 3 of 1989 s. 5] (L.N. 117 of 1988) THE RULES OF THE HIGH COURT - ORDER 1 CITATION, APPLICATION, INTERPRETATION AND FORMS VerDate:08/07/2005 PRELIMINARY 1. Citation (O. 1, r. 1) These rules may be cited as the Rules of the High Court. (25 of 1998 s. 2) 2. Application (O. 1, r. 2) (1) Subject to the following provisions of this rule, these rules shall have effect in relation to all proceedings in the High Court. (2) These rules shall not have effect in relation to proceedings of the kinds specified in the first column of the following Table (being proceedings in respect of which rules may be made under the enactments specified in the second column of that Table)- TABLE Proceedings Enactments 1. Bankruptcy proceedings. Bankruptcy Ordinance (Cap 6), section 113. 2. Proceeding relating to the winding-up of companies. Companies Ordinance (Cap 32), section 296. 3. Non-contentious or common form probate proceedings. Probate and Administration Ordinance (Cap 10), section 72. 4. Proceedings in the Court when acting as a Prize Court. Prize Courts Act 1894, section 3. 5. (Repealed 81 of 1997 s. 59) 6. Matrimonial proceedings. Matrimonial Causes Ordinance (Cap 179), sections 10 and 54. (HK)7. Adoption proceedings. Adoption Ordinance (Cap 290), section 12. (HK)8. Proceedings in respect of domestic violence. Domestic Violence Ordinance (Cap 189), section 8. (3) These rules shall not have effect in relation to any criminal proceedings other than any criminal proceedings to which Order 53, Order 59, Order 62, Order 70, Order 115, Order 116, Order 117, Order 118 or Order 119 applies. (L.N. 282 of 1989; L.N. 403 of 1992; L.N. 156 of 1995; L.N. 242 of 1996; L.N. 222 of 1997) (4) In the case of the proceedings mentioned in paragraphs (2) 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 High Court or any provisions thereof are applied in relation to any of those proceedings. (25 of 1998 s. 2) 3. Application of Interpretation and General Clauses Ordinance (O. 1, r. 3) The Interpretation and General Clauses Ordinance (Cap 1) shall apply for 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- "an action for personal injuries" (就人身傷害而提出的訴訟) means an action in which there is a claim for damages in respect of personal injuries to the plaintiff or any other person or in respect of a person's death, and "personal injuries" (人身傷害) includes any disease and any impairment of a person's physical or mental condition; (HK) "bailiff" (執達主任) means a bailiff of the Court and any person lawfully authorized to execute the process of the Court; "cause book" (訟案登記冊) means the book or other record kept in the Registry in which the letter and number of, and other details relating to, a cause or matter are entered; (L.N. 275 of 1998) (HK) "Full Bench" (合議庭) means a Bench consisting of 2 or more Judges of the Court of First Instance; (25 of 1998 s. 2) "judgment rate" (判定利率) means the rate of interest determined by the Chief Justice under section 49(1)(b) of the Ordinance; (18 of 2003 s. 12) "master" (聆案官) means a master of the High Court and includes the Registrar of the High Court and a Senior Deputy Registrar, Deputy Registrar or Assistant Registrar of the High Court; (L.N. 99 of 1993; 25 of 1998 s. 2; 10 of 2005 s. 165) (HK) "money lender's action" (放債人訴訟) has the meaning assigned to it by Order 83A; "notice of intention to defend" (擬抗辯通知書) means an acknowledgment of service containing a statement to the effect that the person by whom or on whose behalf it is signed intends to contest the proceedings to which the acknowledgment relates; "officer" (人員) means an officer of the High Court; (25 of 1998 s. 2) "originating summons" (原訴傳票) means every summons other than a summons in a pending cause or matter; "pleading" (狀書) does not include a petition, summons or preliminary act; "probate action" (遺囑認證訴訟) has the meaning assigned to it by Order 76; "receiver" (接管人) includes a manager or consignee; (HK) "Registrar" (司法常務官) means the Registrar of the High Court; and includes a Senior Deputy Registrar, Deputy Registrar or Assistant Registrar of the High Court; (25 of 1998 s. 2; 10 of 2005 s. 165) (HK) "Registry" (登記處) means the Registry of the High Court; (25 of 1998 s. 2) (HK) "the Ordinance" (本條例) means the High Court Ordinance (Cap 4); (25 of 1998 s. 2) "vacation" (休庭期) means the interval between sittings of the High Court as prescribed by Order 64; (25 of 1998 s. 2) "writ" (令狀) means a writ of summons; (HK) "written law" (成文法) includes "imperial enactment" and "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" (法院、 法庭) means the Court of First Instance or any one or more of the judges 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 11 by virtue of which the authority and jurisdiction of the Registrar is defined and regulated. (25 of 1998 s. 2) (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. 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 sub-paragraph is a reference to that rule of the Order, that paragraph of the rule, or that sub-paragraph 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 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. (29 of 1998 s. 105) (HK)7A. Construction of references to Registrar (O. 1, r. 7A) (HK) Wherever the word "Registrar" appears in these rules and forms there may be substituted the word "Master" when and where appropriate. 9. Forms (O. 1, r. 9) (1) The forms in the Appendices shall be used where applicable with such variations as the circumstances of the particular case require. 10. Rules not to exclude conduct of business by post (O. 1, r. 10) Nothing in these rules shall prejudice any power to regulate the practice of the Court by giving directions enabling any business or class of business to be conducted by post. (Enacted 1988) "an action for personal injuries" (就人身傷害而提出的訴訟) "personal injuries" (人身傷害) (HK) "bailiff" (執達主任) "cause book" (訟案登記冊) (HK) "Full Bench" (合議庭) "judgment rate" (判定利率) "master" (聆案官) (HK) "money lender's action" (放債人訴訟) "notice of intention to defend" (擬抗辯通知書) "officer" (人員) "originating summons" (原訴傳票) "pleading" (狀書) "probate action" (遺囑認證訴訟) "receiver" (接管人) (HK) "Registrar" (司法常務官) (HK) "Registry" (登記處) (HK) "the Ordinance" (本條例) "vacation" (休庭期) "writ" (令狀) (HK) "written law" (成文法) "the Court" (法院、法庭) THE RULES OF THE HIGH COURT - ORDER 1 CITATION, APPLICATION, INTERPRETATION AND FORMS VerDate:01/05/2005 "an action for personal injuries" (就人身傷害而提出的訴訟) "personal injuries" (人身傷害) (HK) "bailiff" (執達主任) "cause book" (訟案登記冊) (HK) "Full Bench" (合議庭) "judgment rate" (判定利率) "master" (聆案官) (HK) "money lender's action" (放債人訴訟) "notice of intention to defend" (擬抗辯通知書) "officer" (人員) "originating summons" (原訴傳票) "pleading" (狀書) "probate action" (遺囑認證訴訟) "receiver" (接管人) (HK) "Registrar" (司法常務官) (HK) "Registry" (登記處) (HK) "the Ordinance" (本條例) "vacation" (休庭期) "writ" (令狀) (HK) "written law" (成文法) "the Court" (法院、法庭) PRELIMINARY 1. Citation (O. 1, r. 1) These rules may be cited as the Rules of the High Court. (25 of 1998 s. 2) 2. Application (O. 1, r. 2) (1) Subject to the following provisions of this rule, these rules shall have effect in relation to all proceedings in the High Court. (2) These rules shall not have effect in relation to proceedings of the kinds specified in the first column of the following Table (being proceedings in respect of which rules may be made under the enactments specified in the second column of that Table)- TABLE Proceedings Enactments 1. Bankruptcy proceedings. Bankruptcy Ordinance (Cap 6), section 113. 2. Proceeding relating to the winding-up of companies. Companies Ordinance (Cap 32), section 296. 3. Non-contentious or common form probate proceedings. Probate and Administration Ordinance (Cap 10), section 72. 4. Proceedings in the Court when acting as a Prize Court. Prize Courts Act 1894, section 3. 5. (Repealed 81 of 1997 s. 59) 6. Matrimonial proceedings. Matrimonial Causes Ordinance (Cap 179), sections 10 and 54. (HK)7. Adoption proceedings. Adoption Ordinance (Cap 290), section 12. (HK)8. Proceedings in respect of domestic violence. Domestic Violence Ordinance (Cap 189), section 8. (3) These rules shall not have effect in relation to any criminal proceedings other than any criminal proceedings to which Order 53, Order 59, Order 62, Order 70, Order 115, Order 116, Order 117, Order 118 or Order 119 applies. (L.N. 282 of 1989; L.N. 403 of 1992; L.N. 156 of 1995; L.N. 242 of 1996; L.N. 222 of 1997) (4) In the case of the proceedings mentioned in paragraphs (2) 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 High Court or any provisions thereof are applied in relation to any of those proceedings. (25 of 1998 s. 2) 3. Application of Interpretation and General Clauses Ordinance (O. 1, r. 3) The Interpretation and General Clauses Ordinance (Cap 1) shall apply for 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- "an action for personal injuries" (就人身傷害而提出的訴訟) means an action in which there is a claim for damages in respect of personal injuries to the plaintiff or any other person or in respect of a person's death, and "personal injuries" (人身傷害) includes any disease and any impairment of a person's physical or mental condition; (HK) "bailiff" (執達主任) means a bailiff of the Court and any person lawfully authorized to execute the process of the Court; "cause book" (訟案登記冊) means the book or other record kept in the Registry in which the letter and number of, and other details relating to, a cause or matter are entered; (L.N. 275 of 1998) (HK) "Full Bench" (合議庭) means a Bench consisting of 2 or more Judges of the Court of First Instance; (25 of 1998 s. 2) "judgment rate" (判定利率) means the rate of interest determined by the Chief Justice under section 49(1)(b) of the Ordinance; (18 of 2003 s. 12) "master" (聆案官) means a master of the High Court and includes the Registrar, and Deputy and Assistant Registrars; (L.N. 99 of 1993; 25 of 1998 s. 2) (HK) "money lender's action" (放債人訴訟) has the meaning assigned to it by Order 83A; "notice of intention to defend" (擬抗辯通知書) means an acknowledgment of service containing a statement to the effect that the person by whom or on whose behalf it is signed intends to contest the proceedings to which the acknowledgment relates; "officer" (人員) means an officer of the High Court; (25 of 1998 s. 2) "originating summons" (原訴傳票) means every summons other than a summons in a pending cause or matter; "pleading" (狀書) does not include a petition, summons or preliminary act; "probate action" (遺囑認證訴訟) has the meaning assigned to it by Order 76; "receiver" (接管人) includes a manager or consignee; (HK) "Registrar" (司法常務官) means the Registrar of the High Court; and includes a Deputy Registrar or an Assistant Registrar; (25 of 1998 s. 2) (HK) "Registry" (登記處) means the Registry of the High Court; (25 of 1998 s. 2) (HK) "the Ordinance" (本條例) means the High Court Ordinance (Cap 4); (25 of 1998 s. 2) "vacation" (休庭期) means the interval between sittings of the High Court as prescribed by Order 64; (25 of 1998 s. 2) "writ" (令狀) means a writ of summons; (HK) "written law" (成文法) includes "imperial enactment" and "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" (法院、 法庭) means the Court of First Instance or any one or more of the judges 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 11 by virtue of which the authority and jurisdiction of the Registrar is defined and regulated. (25 of 1998 s. 2) (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. 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 sub-paragraph is a reference to that rule of the Order, that paragraph of the rule, or that sub-paragraph 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 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. (29 of 1998 s. 105) (HK)7A. Construction of references to Registrar (O. 1, r. 7A) (HK) Wherever the word "Registrar" appears in these rules and forms there may be substituted the word "Master" when and where appropriate. 9. Forms (O. 1, r. 9) (1) The forms in the Appendices shall be used where applicable with such variations as the circumstances of the particular case require. 10. Rules not to exclude conduct of business by post (O. 1, r. 10) Nothing in these rules shall prejudice any power to regulate the practice of the Court by giving directions enabling any business or class of business to be conducted by post. (Enacted 1988) THE RULES OF THE HIGH COURT - ORDER 1 CITATION, APPLICATION, INTERPRETATION AND FORMS VerDate:01/02/1999 PRELIMINARY 1. Citation (O. 1, r. 1) These rules may be cited as the Rules of the High Court. (25 of 1998 s. 2) 2. Application (O. 1, r. 2) (1) Subject to the following provisions of this rule, these rules shall have effect in relation to all proceedings in the High Court. (2) These rules shall not have effect in relation to proceedings of the kinds specified in the first column of the following Table (being proceedings in respect of which rules may be made under the enactments specified in the second column of that Table)- TABLE Proceedings Enactments 1. Bankruptcy proceedings. Bankruptcy Ordinance (Cap 6), section 113. 2. Proceeding relating to the winding-up of companies. Companies Ordinance (Cap 32), section 296. 3. Non-contentious or common form probate proceedings. Probate and Administration Ordinance (Cap 10), section 72. 4. Proceedings in the Court when acting as a Prize Court. Prize Courts Act 1894, section 3. 5. (Repealed 81 of 1997 s. 59) 6. Matrimonial proceedings. Matrimonial Causes Ordinance (Cap 179), sections 10 and 54. (HK)7. Adoption proceedings. Adoption Ordinance (Cap 290), section 12. (HK)8. Proceedings in respect of domestic violence. Domestic Violence Ordinance (Cap 189), section 8. (3) These rules shall not have effect in relation to any criminal proceedings other than any criminal proceedings to which Order 53, Order 59, Order 62, Order 70, Order 115, Order 116, Order 117, Order 118 or Order 119 applies. (L.N. 282 of 1989; L.N. 403 of 1992; L.N. 156 of 1995; L.N. 242 of 1996; L.N. 222 of 1997) (4) In the case of the proceedings mentioned in paragraphs (2) 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 High Court or any provisions thereof are applied in relation to any of those proceedings. (25 of 1998 s. 2) 3. Application of Interpretation and General Clauses Ordinance (O. 1, r. 3) The Interpretation and General Clauses Ordinance (Cap 1) shall apply for 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- "an action for personal injuries" (就人身傷害而提出的訴訟) means an action in which there is a claim for damages in respect of personal injuries to the plaintiff or any other person or in respect of a person's death, and "personal injuries" (人身傷害) includes any disease and any impairment of a person's physical or mental condition; (HK) "bailiff" (執達主任) means a bailiff of the Court and any person lawfully authorized to execute the process of the Court; "cause book" (訟案登記冊) means the book or other record kept in the Registry in which the letter and number of, and other details relating to, a cause or matter are entered; (L.N. 275 of 1998) (HK) "Full Bench" (合議庭) means a Bench consisting of 2 or more Judges of the Court of First Instance; (25 of 1998 s. 2) "master" (聆案官) means a master of the High Court and includes the Registrar, and Deputy and Assistant Registrars; (L.N. 99 of 1993; 25 of 1998 s. 2) (HK) "money lender's action" (放債人訴訟) has the meaning assigned to it by Order 83A; "notice of intention to defend" (擬抗辯通知書) means an acknowledgment of service containing a statement to the effect that the person by whom or on whose behalf it is signed intends to contest the proceedings to which the acknowledgment relates; "officer" (人員) means an officer of the High Court; (25 of 1998 s. 2) "originating summons" (原訴傳票) means every summons other than a summons in a pending cause or matter; "pleading" (狀書) does not include a petition, summons or preliminary act; "probate action" (遺囑認證訴訟) has the meaning assigned to it by Order 76; "receiver" (接管人) includes a manager or consignee; (HK) "Registrar" (司法常務官) means the Registrar of the High Court; and includes a Deputy Registrar or an Assistant Registrar; (25 of 1998 s. 2) (HK) "Registry" (登記處) means the Registry of the High Court; (25 of 1998 s. 2) (HK) "the Ordinance" (本條例) means the High Court Ordinance (Cap 4); (25 of 1998 s. 2) "vacation" (休庭期) means the interval between sittings of the High Court as prescribed by Order 64; (25 of 1998 s. 2) "writ" (令狀) means a writ of summons; (HK) "written law" (成文法) includes "imperial enactment" and "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" (法院、 法庭) means the Court of First Instance or any one or more of the judges 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 11 by virtue of which the authority and jurisdiction of the Registrar is defined and regulated. (25 of 1998 s. 2) (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. 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 sub-paragraph is a reference to that rule of the Order, that paragraph of the rule, or that sub-paragraph 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 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. (29 of 1998 s. 105) (HK)7A. Construction of references to Registrar (O. 1, r. 7A) (HK) Wherever the word "Registrar" appears in these rules and forms there may be substituted the word "Master" when and where appropriate. 9. Forms (O. 1, r. 9) (1) The forms in the Appendices shall be used where applicable with such variations as the circumstances of the particular case require. 10. Rules not to exclude conduct of business by post (O. 1, r. 10) Nothing in these rules shall prejudice any power to regulate the practice of the Court by giving directions enabling any business or class of business to be conducted by post. (Enacted 1988) "an action for personal injuries" (就人身傷害而提出的訴訟) "personal injuries" (人身傷害) (HK) "bailiff" (執達主任) "cause book" (訟案登記冊) (HK) "Full Bench" (合議庭) "master" (聆案官) (HK) "money lender's action" (放債人訴訟) "notice of intention to defend" (擬抗辯通知書) "officer" (人員) "originating summons" (原訴傳票) "pleading" (狀書) "probate action" (遺囑認證訴訟) "receiver" (接管人) (HK) "Registrar" (司法常務官) (HK) "Registry" (登記處) (HK) "the Ordinance" (本條例) "vacation" (休庭期) "writ" (令狀) (HK) "written law" (成文法) "the Court" (法院、法庭) THE RULES OF THE HIGH COURT - ORDER 1 CITATION, APPLICATION, INTERPRETATION AND FORMS VerDate:10/07/1998 PRELIMINARY 1. Citation (O. 1, r. 1) These rules may be cited as the Rules of the High Court. (25 of 1998 s. 2) 2. Application (O. 1, r. 2) (1) Subject to the following provisions of this rule, these rules shall have effect in relation to all proceedings in the High Court. (2) These rules shall not have effect in relation to proceedings of the kinds specified in the first column of the following Table (being proceedings in respect of which rules may be made under the enactments specified in the second column of that Table)- TABLE Proceedings Enactments 1. Bankruptcy proceedings. Bankruptcy Ordinance (Cap 6), section 113. 2. Proceeding relating to the winding-up of companies. Companies Ordinance (Cap 32), section 296. 3. Non-contentious or common form probate proceedings. Probate and Administration Ordinance (Cap 10), section 72. 4. Proceedings in the Court when acting as a Prize Court. Prize Courts Act 1894, section 3. 5. Proceedings before the Judge within the meaning of Part VII of the Mental Health Act 1983, section 106. Mental Health Act 1983, section 106. 6. Matrimonial proceedings. Matrimonial Causes Ordinance (Cap 179), sections 10 and 54. (HK)7. Adoption proceedings. Adoption Ordinance (Cap 290), section 12. (HK)8. Proceedings in respect of domestic violence. Domestic Violence Ordinance (Cap 189), section 8. (3) These rules shall not have effect in relation to any criminal proceedings other than any criminal proceedings to which Order 53, Order 59, Order 62, Order 70, Order 115, Order 116, Order 117, Order 118 or Order 119 applies. (L.N. 282 of 1989; L.N. 403 of 1992; L.N. 156 of 1995; L.N. 242 of 1996; L.N. 222 of 1997) (4) In the case of the proceedings mentioned in paragraphs (2) 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 High Court or any provisions thereof are applied in relation to any of those proceedings. (25 of 1998 s. 2) 3. Application of Interpretation and General Clauses Ordinance (O. 1, r. 3) The Interpretation and General Clauses Ordinance (Cap 1) shall apply for 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- "an action for personal injuries" (就人身傷害而提出的訴訟) means an action in which there is a claim for damages in respect of personal injuries to the plaintiff or any other person or in respect of a person's death, and "personal injuries" (人身傷害) includes any disease and any impairment of a person's physical or mental condition; (HK) "bailiff" (執達主任) means a bailiff of the Court and any person lawfully authorized to execute the process of the Court; "cause book" (訟案登記冊) means the book or other record kept in the Registry in which the letter and number of, and other details relating to, a cause or matter are entered; (L.N. 275 of 1998) (HK) "Full Bench" (合議庭) means a Bench consisting of 2 or more Judges of the Court of First Instance; (25 of 1998 s. 2) "master" (聆案官) means a master of the High Court and includes the Registrar, and Deputy and Assistant Registrars; (L.N. 99 of 1993; 25 of 1998 s. 2) (HK) "money lender's action" (放債人訴訟) has the meaning assigned to it by Order 83A; "notice of intention to defend" (擬抗辯通知書) means an acknowledgment of service containing a statement to the effect that the person by whom or on whose behalf it is signed intends to contest the proceedings to which the acknowledgment relates; "officer" (人員) means an officer of the High Court; (25 of 1998 s. 2) "originating summons" (原訴傳票) means every summons other than a summons in a pending cause or matter; "pleading" (狀書) does not include a petition, summons or preliminary act; "probate action" (遺囑認證訴訟) has the meaning assigned to it by Order 76; "receiver" (接管人) includes a manager or consignee; (HK) "Registrar" (司法常務官) means the Registrar of the High Court; and includes a Deputy Registrar or an Assistant Registrar; (25 of 1998 s. 2) (HK) "Registry" (登記處) means the Registry of the High Court; (25 of 1998 s. 2) (HK) "the Ordinance" (本條例) means the High Court Ordinance (Cap 4); (25 of 1998 s. 2) "vacation" (休庭期) means the interval between sittings of the High Court as prescribed by Order 64; (25 of 1998 s. 2) "writ" (令狀) means a writ of summons; (HK) "written law" (成文法) includes "imperial enactment" and "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" (法院、 法庭) means the Court of First Instance or any one or more of the judges 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 11 by virtue of which the authority and jurisdiction of the Registrar is defined and regulated. (25 of 1998 s. 2) (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. 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 sub-paragraph is a reference to that rule of the Order, that paragraph of the rule, or that sub-paragraph 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 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. (29 of 1998 s. 105) (HK)7A. Construction of references to Registrar (O. 1, r. 7A) (HK) Wherever the word "Registrar" appears in these rules and forms there may be substituted the word "Master" when and where appropriate. 9. Forms (O. 1, r. 9) (1) The forms in the Appendices shall be used where applicable with such variations as the circumstances of the particular case require. 10. Rules not to exclude conduct of business by post (O. 1, r. 10) Nothing in these rules shall prejudice any power to regulate the practice of the Court by giving directions enabling any business or class of business to be conducted by post. (Enacted 1988) "an action for personal injuries" (就人身傷害而提出的訴訟) "personal injuries" (人身傷害) (HK) "bailiff" (執達主任) "cause book" (訟案登記冊) (HK) "Full Bench" (合議庭) "master" (聆案官) (HK) "money lender's action" (放債人訴訟) "notice of intention to defend" (擬抗辯通知書) "officer" (人員) "originating summons" (原訴傳票) "pleading" (狀書) "probate action" (遺囑認證訴訟) "receiver" (接管人) (HK) "Registrar" (司法常務官) (HK) "Registry" (登記處) (HK) "the Ordinance" (本條例) "vacation" (休庭期) "writ" (令狀) (HK) "written law" (成文法) "the Court" (法院、法庭) THE RULES OF THE HIGH COURT - ORDER 1 CITATION, APPLICATION, INTERPRETATION AND FORMS VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2; 29 of 1998 s. 105 PRELIMINARY 1. Citation (O. 1 r. 1) These rules may be cited as the Rules of the High Court. (25 of 1998 s. 2) 2. Application (O. 1 r. 2) (1) Subject to the following provisions of this rule, these rules shall have effect in relation to all proceedings in the High Court. (2) These rules shall not have effect in relation to proceedings of the kinds specified in the first column of the following Table (being proceedings in respect of which rules may be made under the enactments specified in the second column of that Table)- TABLE Proceedings Enactments 1. Bankruptcy proceedings. Bankruptcy Ordinance (Cap 6), section 113. 2. Proceeding relating to the winding-up of companies. Companies Ordinance (Cap 32), section 296. 3. Non-contentious or common form probate proceedings. Probate and Administration Ordinance (Cap 10), section 72. 4. Proceedings in the Court when acting as a Prize Court. Prize Courts Act 1894, section 3. 5. Proceedings before the Judge within the meaning of Part VII of the Mental Health Act 1983, section 106. Mental Health Act 1983, section 106. 6. Matrimonial proceedings. Matrimonial Causes Ordinance (Cap 179), sections 10 and 54. (HK)7. Adoption proceedings. Adoption Ordinance (Cap 290), section 12. (HK)8. Proceedings in respect of domestic violence. Domestic Violence Ordinance (Cap 189), section 8. (3) These rules shall not have effect in relation to any criminal proceedings other than any criminal proceedings to which Order 53, Order 59, Order 62, Order 70, Order 115, Order 116, Order 117, Order 118 or Order 119 applies. (L.N. 282 of 1989; L.N. 403 of 1992; L.N. 156 of 1995; L.N. 242 of 1996; L.N. 222 of 1997) (4) In the case of the proceedings mentioned in paragraphs (2) 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 High Court or any provisions thereof are applied in relation to any of those proceedings. (25 of 1998 s. 2) 3. Application of Interpretation and General Clauses Ordinance (O. 1 r. 3) The Interpretation and General Clauses Ordinance (Cap 1) shall apply for 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- "an action for personal injuries" (就人身傷害而提出的訴訟) means an action in which there is a claim for damages in respect of personal injuries to the plaintiff or any other person or in respect of a person's death, and "personal injuries" (人身傷害) includes any disease and any impairment of a person's physical or mental condition; (HK) "bailiff" (執達主任) means a bailiff of the Court and any person lawfully authorized to execute the process of the Court; "cause book" (訟案登記冊) means the book kept in the Registry in which the letter and number of, and other details relating to, a cause or matter are entered; (HK) "Full Bench" (合議庭) means a Bench consisting of 2 or more Judges of the Court of First Instance; (25 of 1998 s. 2) "master" (聆案官) means a master of the High Court and includes the Registrar, and Deputy and Assistant Registrars; (L.N. 99 of 1993; 25 of 1998 s. 2) (HK) "money lender's action" (放債人訴訟) has the meaning assigned to it by Order 83A; "notice of intention to defend" (擬抗辯通知書) means an acknowledgment of service containing a statement to the effect that the person by whom or on whose behalf it is signed intends to contest the proceedings to which the acknowledgment relates; "officer" (人員) means an officer of the High Court; (25 of 1998 s. 2) "originating summons" (原訴傳票) means every summons other than a summons in a pending cause or matter; "pleading" (狀書) does not include a petition, summons or preliminary act; "probate action" (遺囑認證訴訟) has the meaning assigned to it by Order 76; "receiver" (接管人) includes a manager or consignee; (HK) "Registrar" (司法常務官) means the Registrar of the High Court; and includes a Deputy Registrar or an Assistant Registrar; (25 of 1998 s. 2) (HK) "Registry" (登記處) means the Registry of the High Court; (25 of 1998 s. 2) (HK) "the Ordinance" (本條例) means the High Court Ordinance (Cap 4); (25 of 1998 s. 2) "vacation" (休庭期) means the interval between sittings of the High Court as prescribed by Order 64; (25 of 1998 s. 2) "writ" (令狀) means a writ of summons; (HK) "written law" (成文法) includes "imperial enactment" and "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" (法院、 法庭) means the Court of First Instance or any one or more of the judges 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 11 by virtue of which the authority and jurisdiction of the Registrar is defined and regulated. (25 of 1998 s. 2) (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. 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 sub-paragraph is a reference to that rule of the Order, that paragraph of the rule, or that sub-paragraph 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 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. (29 of 1998 s. 105) (HK)7A. Construction of references to Registrar (O. 1 r. 7A) (HK) Wherever the word "Registrar" appears in these rules and forms there may be substituted the word "Master" when and where appropriate. 9. Forms (O. 1 r. 9) (1) The forms in the Appendices shall be used where applicable with such variations as the circumstances of the particular case require. 10. Rules not to exclude conduct of business by post (O. 1 r. 10) Nothing in these rules shall prejudice any power to regulate the practice of the Court by giving directions enabling any business or class of business to be conducted by post. (Enacted 1988) "an action for personal injuries" (就人身傷害而提出的訴訟) "personal injuries" (人身傷害) (HK) "bailiff" (執達主任) "cause book" (訟案登記冊) (HK) "Full Bench" (合議庭) "master" (聆案官) (HK) "money lender's action" (放債人訴訟) "notice of intention to defend" (擬抗辯通知書) "officer" (人員) "originating summons" (原訴傳票) "pleading" (狀書) "probate action" (遺囑認證訴訟) "receiver" (接管人) (HK) "Registrar" (司法常務官) (HK) "Registry" (登記處) (HK) "the Ordinance" (本條例) "vacation" (休庭期) "writ" (令狀) (HK) "written law" (成文法) "the Court" (法院、法庭) THE RULES OF THE HIGH COURT - ORDER 1 CITATION, APPLICATION, INTERPRETATION AND FORMS VerDate:30/06/1997 PRELIMINARY 1. Citation (O. 1 r. 1) These rules may be cited as the Rules of the Supreme Court. 2. Application (O. 1 r. 2) (1) Subject to the following provisions of this rule, these rules shall have effect in relation to all proceedings in the Supreme Court. (2) These rules shall not have effect in relation to proceedings of the kinds specified in the first column of the following Table (being proceedings in respect of which rules may be made under the enactments specified in the second column of that Table)- TABLE Proceedings Enactments 1. Bankruptcy proceedings. Bankruptcy Ordinance (Cap 6), section 113. 2. Proceeding relating to the winding-up of companies. Companies Ordinance (Cap 32), section 296. 3. Non-contentious or common form probate proceedings. Probate and Administration Ordinance (Cap 10), section 72. 4. Proceedings in the Court when acting as a Prize Court. Prize Courts Act 1894, section 3. 5. Proceedings before the Judge within the meaning of Part VII of the Mental Health Act 1983, section 106. Mental Health Act 1983, section 106. 6. Matrimonial proceedings. Matrimonial Causes Ordinance (Cap 179), sections 10 and 54. (HK)7. Adoption proceedings. Adoption Ordinance (Cap 290), section 12. (HK)8. Proceedings in respect of domestic violence. Domestic Violence Ordinance (Cap 189), section 8. (3) These rules shall not have effect in relation to any criminal proceedings other than any criminal proceedings to which Order 53, Order 59, Order 62, Order 70, Order 115, Order 116, Order 117, Order 118 or Order 119 applies. (L.N. 282 of 1989; L.N. 403 of 1992; L.N. 156 of 1995; L.N. 242 of 1996; L.N. 222 of 1997) (4) In the case of the proceedings mentioned in paragraphs (2) 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 Supreme Court or any provisions thereof are 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 for 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- "an action for personal injuries" (就人身傷害而提出的訴訟) means an action in which there is a claim for damages in respect of personal injuries to the plaintiff or any other person or in respect of a person's death, and "personal injuries" (人身傷害) includes any disease and any impairment of a person's physical or mental condition; (HK) "bailiff" (執達主任) means a bailiff of the Court and any person lawfully authorized to execute the process of the Court; "cause book" (訟案登記冊) means the book kept in the Registry in which the letter and number of, and other details relating to, a cause or matter are entered; (HK) "Full Bench" (合議庭) means a Bench consisting of 2 or more Judges of the High Court; "master" (聆案官) means a master of the Supreme Court and includes the Registrar, and Deputy and Assistant Registrars; (L.N. 99 of 1993) (HK) "money lender's action" (放債人訴訟) has the meaning assigned to it by Order 83A; "notice of intention to defend" (擬抗辯通知書) means an acknowledgment of service containing a statement to the effect that the person by whom or on whose behalf it is signed intends to contest the proceedings to which the acknowledgment relates; "officer" (人員) means an officer of the Supreme Court; "originating summons" (原訴傳票) means every summons other than a summons in a pending cause or matter; "pleading" (狀書) does not include a petition, summons or preliminary act; "probate action" (遺囑認證訴訟) has the meaning assigned to it by Order 76; "receiver" (接管人) includes a manager or consignee; (HK) "Registrar" (司法常務官) means the Registrar of the Supreme Court; and includes a Deputy Registrar or an Assistant Registrar; (HK) "Registry" (登記處) means the Registry of the Supreme Court; (HK) "the Ordinance" (本條例) means the Supreme Court Ordinance (Cap 4); "vacation" (休庭期) means the interval between sittings of the Supreme Court as prescribed by Order 64; "writ" (令狀) means a writ of summons; (HK) "written law" (成文法) includes "imperial enactment" and "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" (法院、 法庭) means the High Court or any one or more of the judges 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 11 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. 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 sub-paragraph is a reference to that rule of the Order, that paragraph of the rule, or that sub-paragraph 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 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 Crown for an order declaring that the plaintiff is entitled as against the Crown to the land or to the possession thereof. (HK)7A. Construction of references to Registrar (O. 1 r. 7A) (HK) Wherever the word "Registrar" appears in these rules and forms there may be substituted the word "Master" when and where appropriate. 9. Forms (O. 1 r. 9) (1) The forms in the Appendices shall be used where applicable with such variations as the circumstances of the particular case require. 10. Rules not to exclude conduct of business by post (O. 1 r. 10) Nothing in these rules shall prejudice any power to regulate the practice of the Court by giving directions enabling any business or class of business to be conducted by post. (Enacted 1988) "an action for personal injuries" (就人身傷害而提出的訴訟) "personal injuries" (人身傷害) (HK) "bailiff" (執達主任) "cause book" (訟案登記冊) (HK) "Full Bench" (合議庭) "master" (聆案官) (HK) "money lender's action" (放債人訴訟) "notice of intention to defend" (擬抗辯通知書) "officer" (人員) "originating summons" (原訴傳票) "pleading" (狀書) "probate action" (遺囑認證訴訟) "receiver" (接管人) (HK) "Registrar" (司法常務官) (HK) "Registry" (登記處) (HK) "the Ordinance" (本條例) "vacation" (休庭期) "writ" (令狀) (HK) "written law" (成文法) "the Court" (法院、法庭) THE RULES OF THE HIGH COURT - ORDER 2 EFFECT OF NON-COMPLIANCE VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 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 or motion and the grounds of objection must be stated in the summons or notice of motion. (Enacted 1988) THE RULES OF THE SUPREME COURT - ORDER 2 EFFECT OF NON-COMPLIANCE VerDate:30/06/1997 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 or motion and the grounds of objection must be stated in the summons or notice of motion. (Enacted 1988) THE RULES OF THE HIGH COURT - ORDER 3 TIME VerDate:18/09/1998 1. "Month" (月) means calendar month (O. 3, r. 1) Without prejudice to section 3 of the Interpretation and General Clauses Ordinance (Cap 1) in its application to these rules, the word "month" (月), where it occurs in any judgment, order, direction or other document forming part of any proceedings in the High Court, means a calendar month unless the context otherwise requires. (25 of 1998 s. 2) 2. Reckoning periods of time (O. 3, r. 2) (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 the following provisions of 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). (35 of 1998 s. 5) 3. Summer Vacation excluded from time for service, etc., of pleadings (O. 3, r. 3) Unless the Court otherwise directs, the period of the Summer Vacation shall be excluded in reckoning any period prescribed by these rules or by any order or direction for serving, filing or amending any pleading. 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. (4) In this rule references to the Court shall be construed as including references to the Court of Appeal and a single judge of that Court. 6. Notice of intention to proceed after year's delay (O. 3, r. 6) Where a year or more has elapsed since the last proceeding in a cause or matter, the party who desires to proceed must give to every other party not less than one month's notice of his intention to proceed. A summons on which no order was made is not a proceeding for the purposes of this rule. (Enacted 1988) "Month" (月) "general holiday" (公眾假期) THE RULES OF THE HIGH COURT - ORDER 3 TIME VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 1. "Month" (月) means calendar month (O. 3 r. 1) Without prejudice to section 3 of the Interpretation and General Clauses Ordinance (Cap 1) in its application to these rules, the word "month" (月), where it occurs in any judgment, order, direction or other document forming part of any proceedings in the High Court, means a calendar month unless the context otherwise requires. (25 of 1998 s. 2) 2. Reckoning periods of time (O. 3 r. 2) (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 the following provisions of 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 Holidays Ordinance (Cap 149). 3. Summer Vacation excluded from time for service, etc., of pleadings (O. 3 r. 3) Unless the Court otherwise directs, the period of the Summer Vacation shall be excluded in reckoning any period prescribed by these rules or by any order or direction for serving, filing or amending any pleading. 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. (4) In this rule references to the Court shall be construed as including references to the Court of Appeal and a single judge of that Court. 6. Notice of intention to proceed after year's delay (O. 3 r. 6) Where a year or more has elapsed since the last proceeding in a cause or matter, the party who desires to proceed must give to every other party not less than one month's notice of his intention to proceed. A summons on which no order was made is not a proceeding for the purposes of this rule. (Enacted 1988) "Month" (月) "general holiday" (公眾假期) THE RULES OF THE SUPREME COURT - ORDER 3 TIME VerDate:30/06/1997 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 Supreme 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 the following provisions of 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 Holidays Ordinance (Cap 149). 3. Summer Vacation excluded from time for service, etc., of pleadings (O. 3 r. 3) Unless the Court otherwise directs, the period of the Summer Vacation shall be excluded in reckoning any period prescribed by these rules or by any order or direction for serving, filing or amending any pleading. 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. (4) In this rule references to the Court shall be construed as including references to the Court of Appeal and a single judge of that Court. 6. Notice of intention to proceed after year's delay (O. 3 r. 6) Where a year or more has elapsed since the last proceeding in a cause or matter, the party who desires to proceed must give to every other party not less than one month's notice of his intention to proceed. A summons on which no order was made is not a proceeding for the purposes of this rule. (Enacted 1988) "Month" (月) "general holiday" (公眾假期) THE RULES OF THE HIGH COURT - ORDER 4 ASSIGNMENT, TRANSFER AND CONSOLIDATION OF PROCEEDINGS VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 COMMENCEMENT AND PROGRESS OF PROCEEDINGS 2. Companies (O. 4, r. 2) Where an order has been made by the Court for the winding-up of a company, all proceedings in chambers in any action against that company at the instance or on behalf of debenture holders shall be dealt with by an officer of the Court of First Instance who is a registrar within the meaning of any rules for the time being in force relating to the winding-up of companies. (25 of 1998 s. 2) 9. Consolidation, etc., of causes or matters (O. 4, r. 9) (1) Where two 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 two 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. (Enacted 1988) THE RULES OF THE SUPREME COURT - ORDER 4 ASSIGNMENT, TRANSFER AND CONSOLIDATION OF PROCEEDINGS VerDate:30/06/1997 COMMENCEMENT AND PROGRESS OF PROCEEDINGS 2. Companies (O. 4 r. 2) Where an order has been made by the Court for the winding-up of a company, all proceedings in chambers in any action against that company at the instance or on behalf of debenture holders shall be dealt with by an officer of the High Court who is a registrar within the meaning of any rules for the time being in force relating to the winding-up of companies. 9. Consolidation, etc., of causes or matters (O. 4 r. 9) (1) Where two 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 two 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. (Enacted 1988) THE RULES OF THE HIGH COURT - ORDER 5 MODE OF BEGINNING CIVIL PROCEEDINGS IN THE COURT OF FIRST INSTANCE VerDate:28/06/2002 MODE OF BEGINNING CIVIL PROCEEDINGS IN THE COURT OF FIRST INSTANCE (25 of 1998 s. 2) 1. Mode of beginning civil proceedings (O. 5, r. 1) Subject to the provisions of any written law and of these rules, civil proceedings in the Court of First Instance may be begun by writ, originating summons, originating motion or petition. (25 of 1998 s. 2) 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; (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 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; (d) in which a claim is made by the plaintiff in respect of the infringement of a patent. 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 of First Instance 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. (25 of 1998 s. 2) 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 originating summons or are required or authorized to be begun by originating motion or petition, 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. 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, by these rules or by or under any written law the proceedings in question are required or authorized to be so begun. 6. Right to sue in person (O. 5, r. 6) (1) Subject to paragraph (2) and to Order 80, rule 2, any person (whether or not he sues as a trustee or personal representative, or in any other representative capacity) may begin and carry on proceedings in the High Court by a solicitor or in person. (25 of 1998 s. 2) (2) A body corporate may not begin or carry on any such proceedings in the Court otherwise than by a solicitor except- (a) as expressly provided by or under any enactment; or (b) where leave is given under paragraph (3) for it to be represented by one of its directors. (3) (a) An application by a body corporate for leave to be represented by one of its directors shall be made ex parte to a Registrar and supported by an affidavit, made by the director and filed with the application, stating and verifying the reasons why leave should be given for the body corporate to be represented by the director. (L.N. 99 of 1993; L.N. 108 of 2002) (b) The relevant resolution of the board of the body corporate authorizing the director to appear on its behalf if leave is granted shall be exhibited to the affidavit. (4) No appeal shall lie from an order of the Registrar under paragraph (3) giving or refusing leave. (5) Leave given by a Registrar under paragraph (3) may be revoked by the Court at any time. (6) No appeal shall lie from an order of the Court revoking leave given by a Registrar. (Enacted 1988) THE RULES OF THE HIGH COURT - ORDER 5 MODE OF BEGINNING CIVIL PROCEEDINGS IN THE COURT OF FIRST INSTANCE VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 MODE OF BEGINNING CIVIL PROCEEDINGS IN THE COURT OF FIRST INSTANCE (25 of 1998 s. 2) 1. Mode of beginning civil proceedings (O. 5, r. 1) Subject to the provisions of any written law and of these rules, civil proceedings in the Court of First Instance may be begun by writ, originating summons, originating motion or petition. (25 of 1998 s. 2) 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; (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 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; (d) in which a claim is made by the plaintiff in respect of the infringement of a patent. 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 of First Instance 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. (25 of 1998 s. 2) 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 originating summons or are required or authorized to be begun by originating motion or petition, 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. 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, by these rules or by or under any written law the proceedings in question are required or authorized to be so begun. 6. Right to sue in person (O. 5, r. 6) (1) Subject to paragraph (2) and to Order 80, rule 2, any person (whether or not he sues as a trustee or personal representative, or in any other representative capacity) may begin and carry on proceedings in the High Court by a solicitor or in person. (25 of 1998 s. 2) (2) A body corporate may not begin or carry on any such proceedings in the Court otherwise than by a solicitor except- (a) as expressly provided by or under any enactment; or (b) where leave is given under paragraph (3) for it to be represented by one of its directors. (3) (a) An application by a body corporate for leave to be represented by one of its directors shall be made ex parte to a Registrar and supported by an affidavit, made by the director and filed with the application, stating and verifying the reasons why leave should be given for the body corporate to be represented by the director, and in particular setting out such facts and matters as demonstrate that the body corporate could not, for lack of resources or for other good reasons, otherwise be heard in the proceedings. (L.N. 99 of 1993) (b) The relevant resolution of the board of the body corporate authorizing the director to appear on its behalf if leave is granted shall be exhibited to the affidavit. (4) No appeal shall lie from an order of the Registrar under paragraph (3) giving or refusing leave. (5) Leave given by a Registrar under paragraph (3) may be revoked by the Court at any time. (6) No appeal shall lie from an order of the Court revoking leave given by a Registrar. (Enacted 1988) THE RULES OF THE SUPREME COURT - ORDER 5 MODE OF BEGINNING CIVIL PROCEEDINGS IN THE HIGH COURT VerDate:30/06/1997 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 High Court may be begun by writ, originating summons, originating motion or petition. 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; (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 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; (d) in which a claim is made by the plaintiff in respect of the infringement of a patent. 3. Proceedings which must be begun by originating summons (O. 5 r. 3) Proceedings by which an application is to be made to the High 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 originating summons or are required or authorized to be begun by originating motion or petition, 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. 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, by these rules or by or under any written law the proceedings in question are required or authorized to be so begun. 6. Right to sue in person (O. 5 r. 6) (1) Subject to paragraph (2) and to Order 80, rule 2, any person (whether or not he sues as a trustee or personal representative, or in any other representative capacity) may begin and carry on proceedings in the Supreme Court by a solicitor or in person. (2) A body corporate may not begin or carry on any such proceedings in the Court otherwise than by a solicitor except- (a) as expressly provided by or under any enactment; or (b) where leave is given under paragraph (3) for it to be represented by one of its directors. (3) (a) An application by a body corporate for leave to be represented by one of its directors shall be made ex parte to a Registrar and supported by an affidavit, made by the director and filed with the application, stating and verifying the reasons why leave should be given for the body corporate to be represented by the director, and in particular setting out such facts and matters as demonstrate that the body corporate could not, for lack of resources or for other good reasons, otherwise be heard in the proceedings. (L.N. 99 of 1993) (b) The relevant resolution of the board of the body corporate authorizing the director to appear on its behalf if leave is granted shall be exhibited to the affidavit. (4) No appeal shall lie from an order of the Registrar under paragraph (3) giving or refusing leave. (5) Leave given by a Registrar under paragraph (3) may be revoked by the Court at any time. (6) No appeal shall lie from an order of the Court revoking leave given by a Registrar. (Enacted 1988) THE RULES OF THE HIGH COURT - ORDER 6 WRITS OF SUMMONS: GENERAL PROVISIONS VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 1. Form of Writ, etc. (O. 6, r. 1) Every writ must be in Form No. 1 in Appendix A. 2. Indorsement of claim (O. 6, r. 2) (1) 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 business address of his principal; (b) where the plaintiff 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. (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 of First Instance has power to hear and determine notwithstanding that the person against whom the claim is made is not within the jurisdiction of the Court or that the wrongful act, neglect or default giving rise to the claim did not take place within its jurisdiction, the foregoing provision shall not apply to the writ. (25 of 1998 s. 2) (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 twelve 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 twelve 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. (Enacted 1988) THE RULES OF THE SUPREME COURT - ORDER 6 WRITS OF SUMMONS: GENERAL PROVISIONS VerDate:30/06/1997 1. Form of Writ, etc. (O. 6 r. 1) Every writ must be in Form No. 1 in Appendix A. 2. Indorsement of claim (O. 6 r. 2) (1) 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 business address of his principal; (b) where the plaintiff 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. (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 High 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 twelve 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 twelve 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. (Enacted 1988) THE RULES OF THE HIGH COURT - ORDER 7 ORIGINATING SUMMONS: GENERAL PROVISIONS VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 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 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 of First Instance 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. (25 of 1998 s. 2) (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 (except paragraph (2)), 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. (Enacted 1988) THE RULES OF THE SUPREME COURT - ORDER 7 ORIGINATING SUMMONS: GENERAL PROVISIONS VerDate:30/06/1997 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 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 High 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 (except paragraph (2)), 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. (Enacted 1988) THE RULES OF THE HIGH COURT - ORDER 8 ORIGINATING AND OTHER MOTIONS: GENERAL PROVISIONS VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 1. Application (O. 8, r. 1) The provisions of this Order apply to all motions subject, in the case of originating motions of any particular class, to any special provisions relating to motions of that class made by these rules or by or under any 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 on such terms as to costs or otherwise, and subject to such undertaking, if any, as it thinks just; and any party affected by such order may apply to the Court to set it aside. (2) 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. Where leave has been given under rule 2(2) to serve short notice of motion, that fact must be stated in the notice. (2) The notice of a motion must include a concise statement of the nature of the claim made or the relief or remedy required. (3) Order 6, rule 5, shall, with the necessary modifications, apply in relation to notice of an originating motion as it applies in relation to a writ. (4) 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 such writ or summons, whether or not the defendant has acknowledged service in the action. 5. Adjournment of bearing (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. (Enacted 1988) THE RULES OF THE SUPREME COURT - ORDER 8 ORIGINATING AND OTHER MOTIONS: GENERAL PROVISIONS VerDate:30/06/1997 1. Application (O. 8 r. 1) The provisions of this Order apply to all motions subject, in the case of originating motions of any particular class, to any special provisions relating to motions of that class made by these rules or by or under any 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 on such terms as to costs or otherwise, and subject to such undertaking, if any, as it thinks just; and any party affected by such order may apply to the Court to set it aside. (2) 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. Where leave has been given under rule 2(2) to serve short notice of motion, that fact must be stated in the notice. (2) The notice of a motion must include a concise statement of the nature of the claim made or the relief or remedy required. (3) Order 6, rule 5, shall, with the necessary modifications, apply in relation to notice of an originating motion as it applies in relation to a writ. (4) 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 such writ or summons, whether or not the defendant has acknowledged service in the action. 5. Adjournment of bearing (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. (Enacted 1988) THE RULES OF THE HIGH COURT - ORDER 9 PETITIONS: GENERAL PROVISIONS VerDate:28/06/2002 1. Application (O. 9, r. 1) Rules 2 to 4 apply to petitions by which civil proceedings in the Court of First Instance are begun, subject, in the case of petitions of any particular class, to any special provisions relating to petitions of that class made by these rules or by or under any written law. (25 of 1998 s. 2) 2. Contents of petition (O. 9, r. 2) (1) Every petition must include a concise statement of the nature of the claim made or the relief or remedy required in the proceedings begun thereby. (2) Every petition must include at the end thereof a statement of the names of the persons, if any, required to be served therewith or, if no person is required to be served, a statement to that effect. (3) Order 6, rule 5, shall, with the necessary modifications, apply 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. 6. Right to defend in person (O. 9, r. 6) (1) Subject to paragraph (2) and to Order 80, rule 2, a respondent to proceedings begun by petition may (whether or not he is sued as a trustee or personal representative or in any other representative capacity) defend the proceedings by a solicitor or in person. (2) Where the respondent to such proceedings is a body corporate, except as expressly provided by or under any enactment or where leave is given under paragraph (3) for such respondent to be represented by one of its directors, such respondent may not take any step in the proceedings otherwise than by a solicitor. (3) (a) An application by a body corporate for leave to be represented by one of its directors shall be made ex parte to a Registrar and supported by an affidavit, made by the director and filed with the application, stating and verifying the reasons why leave should be given for the body corporate to be represented by the director. (b) The relevant resolution of the board of the body corporate authorizing the director to appear on its behalf if leave is granted shall be exhibited to the affidavit. (4) No appeal shall lie from an order of the Registrar under paragraph (3) giving or refusing leave. (5) The Court may at any time revoke the leave given by a Registrar under paragraph (3). (6) No appeal shall lie from an order of the Court revoking leave given by a Registrar. (L.N. 108 of 2002) (Enacted 1988) THE RULES OF THE HIGH COURT - ORDER 9 PETITIONS: GENERAL PROVISIONS VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 1. Application (O. 9, r. 1) Rules 2 to 4 apply to petitions by which civil proceedings in the Court of First Instance are begun, subject, in the case of petitions of any particular class, to any special provisions relating to petitions of that class made by these rules or by or under any written law. (25 of 1998 s. 2) 2. Contents of petition (O. 9, r. 2) (1) Every petition must include a concise statement of the nature of the claim made or the relief or remedy required in the proceedings begun thereby. (2) Every petition must include at the end thereof a statement of the names of the persons, if any, required to be served therewith or, if no person is required to be served, a statement to that effect. (3) Order 6, rule 5, shall, with the necessary modifications, apply 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. (Enacted 1988) THE RULES OF THE SUPREME COURT - ORDER 9 PETITIONS: GENERAL PROVISIONS VerDate:30/06/1997 1. Application (O. 9 r. 1) Rules 2 to 4 apply to petitions by which civil proceedings in the High Court are begun, subject, in the case of petitions of any particular class, to any special provisions relating to petitions of that class made by these rules or by or under any written law. 2. Contents of petition (O. 9 r. 2) (1) Every petition must include a concise statement of the nature of the claim made or the relief or remedy required in the proceedings begun thereby. (2) Every petition must include at the end thereof a statement of the names of the persons, if any, required to be served therewith or, if no person is required to be served, a statement to that effect. (3) Order 6, rule 5, shall, with the necessary modifications, apply 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. (Enacted 1988) THE RULES OF THE HIGH COURT - ORDER 10 SERVICE OF ORIGINATING PROCESS: GENERAL PROVISIONS VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 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. (L.N. 404 of 1991) (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 indorses 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 indorsement 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 High 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. (25 of 1998 s. 2) (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 of First Instance shall have jurisdiction to hear and determine any action in respect of a contract or, apart from any such term, the Court of First Instance has jurisdiction to hear and determine any such action, and (25 of 1998 s. 2) (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. (HK)(2) Where a writ is indorsed with a claim for the recovery, or delivery of possession, of premises or land, in addition to, and not in substitution for any other mode of service, a copy of the writ shall be posted in a conspicuous place on or at the entrance to the premises or land recovery or possession of which is claimed. 5. Service of originating summons, notice of motion, or petition (O. 10, r. 5) (1) The foregoing rules of this Order shall apply, with any necessary modifications, in relation to an originating summons (other than 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. (2) Rule 1(1), (2), (3) and (4) shall apply, with any necessary modifications, in relation to a notice of an originating motion and a petition as they apply in relation to a writ. (Enacted 1988) THE RULES OF THE SUPREME COURT - ORDER 10 SERVICE OF ORIGINATING PROCESS: GENERAL PROVISIONS VerDate:30/06/1997 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. (L.N. 404 of 1991) (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 indorses 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 indorsement 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 Supreme 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 High Court shall have jurisdiction to hear and determine any action in respect of a contract or, apart from any such term , the High 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. (HK)(2) Where a writ is indorsed with a claim for the recovery, or delivery of possession, of premises or land, in addition to, and not in substitution for any other mode of service, a copy of the writ shall be posted in a conspicuous place on or at the entrance to the premises or land recovery or possession of which is claimed. 5. Service of originating summons, notice of motion, or petition (O. 10 r. 5) (1) The foregoing rules of this Order shall apply, with any necessary modifications, in relation to an originating summons (other than 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. (2) Rule 1(1), (2), (3) and (4) shall apply, with any necessary modifications, in relation to a notice of an originating motion and a petition as they apply in relation to a writ. (Enacted 1988) THE RULES OF THE HIGH COURT - ORDER 11 SERVICE OF PROCESS, ETC., OUT OF THE 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) of this rule applies, service of a writ out of the jurisdiction is permissible with the leave of the Court if in the action begun by the writ- (L.N. 363 of 1990) (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 of First Instance shall have jurisdiction to hear and determine any action in respect of the contract; (25 of 1998 s. 2) (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; (l) the claim is brought in a probate action within the meaning of Order 76; (m) the claim is brought to enforce any judgment or arbitral award; (n) the claim is brought under the Carriage by Air Ordinance (Cap 500). (13 of 1997 s. 20) (o) (Repealed L.N. 296 of 1996) (oa) the claim is made under the Mutual Legal Assistance in Criminal Matters Ordinance (Cap 525); (87 of 1997 s. 36) (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 ju