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THE RULES OF THE HIGH COURT - APPENDIX A
FORMS
Caution: This is a past version. See the current version here.
Adaptation amendments retroactively made - see 25 of 1998 s. 2 No. 1
Writ of Summons
(O. 6 r. 1)
(Hong Kong Coat of Arms)
IN THE HIGH COURT OF HONG KONG
COURT OF FIRST INSTANCE
19 ......, No. .............
Between A.B. Plaintiff
AND
C.D. Defendant
TO THE DEFENDANT (name)
...........................................................................
... of (address)
...........................................................................
..........................................
THIS WRIT OF SUMMONS has been issued against you by the above-named Plaintiff
in respect of the claim set out on the back.
Within (14 days) after the service of this Writ on you, counting the day of
service, you must either satisfy the claim or return to the Registry of the
High Court the accompanying ACKNOWLEDGMENT OF SERVICE stating therein whether
you intend to contest these proceedings.
If you fail to satisfy the claim or to return the Acknowledgment within the
time stated, or if you return the Acknowledgment without stating therein an
intention to contest the proceedings, the Plaintiff may proceed with
the action and judgment may be entered against you forthwith without further
notice.
Issued from the Registry of the High Court this .............. day of
..........................19 ...... .
Note:-This Writ may not be served later than 12 calendar months beginning with
that date unless renewed by order of the Court.
IMPORTANT
Directions for Acknowledgment of Service are given with the accompanying form.
(Back of No. 1)
*[Statement of Claim]
The Plaintiff's claim is for
...........................................................................
.............
*Where words appear between square brackets delete if inapplicable.
*(Signed if statement of claim indorsed.)
---------------------------------------------------------------------------
--------------------------------- (Where the Plaintiff's claim is for a debt
or liquidated demand only: If, within the time for returning the
Acknowledgment of Service, the Defendant pays the amount claimed and
$........................... for costs and, if the Plaintiff obtains an order
for substituted service, the additional sum of $ ............, further
proceedings will be stayed. The money must be paid to the Plaintiff or his
Solicitor.)
THIS WRIT was issued
by.........................................................................
.............. of
...........................................................................
........................................................
Solicitors for the said Plaintiff whose address is
................................................................. *(or where
the Plaintiff sues in person.
THIS WRIT was issued by the said Plaintiff who resides at
.......................................
...........................................................................
............................................................ and (if the
Plaintiff does not reside within the jurisdiction) whose address for service
is ........
...........................................................................
...........................................................) (L.N. 251 of
1997; 25 of 1998 s. 2)
No. 8
Originating summons-general form
(O. 7 r. 2)
IN THE HIGH COURT OF HONG KONG
COURT OF FIRST INSTANCE
19 ......, No. .............
(IN THE MATTER OF .....................)
Between A.B. Plaintiff
AND
C.D. Defendant
To C.D. of
Let the defendant, within (14 days) after service of this summons on him,
counting the day of service, return the accompanying Acknowledgment of Service
to the Registry of the High Court.
By this summons, which is issued on the application of the plaintiff A.B. of
................, the plaintiff claims against the defendant
............................ (or seeks the determination of the Court on the
following questions, namely, ...............................................
or as may be).
If the defendant does not acknowledge service, such judgment may be given or
order made against or in relation to him as the Court may think just and
expedient.
Dated the .......... day of .............. 19........
Note:-This summons may not be served later than 12 calendar months beginning
with the above date unless renewed by order of the Court.
This summons was taken out by
...........................................................................
.... of
...........................................................................
...................... solicitors for the said plaintiff
...................................................................... whose
address is as stated above (or where the plaintiff sues in person. This
summons was taken out by the said plaintiff who resides at the above-named
address or as may be and (if the plaintiff does not reside within the
jurisdiction) whose address for service is
...................................................................).
IMPORTANT
Directions for Acknowledgment of Service are given with the accompanying form.
(L.N. 251 of 1997; 25 of 1998 s. 2)
No. 10
Originating summons-expedited form
(O. 7 r. 2)
IN THE HIGH COURT OF HONG KONG
COURT OF FIRST INSTANCE
19 ......, No. ...........
(IN THE MATTER OF ...................)
Between A.B. Plaintiff
AND
C.D. Defendant
Let C.D. of ......................................... attend before the
Registrar (or Judge) in Chambers, at the High Court, Hong Kong, on
....................................................... day, the
................... day of ......................................
19.........., at ............................. o'clock, (or, if no application
has yet been made for a day to be fixed, on a day to be fixed) on the hearing
of an application by the plaintiff A.B. of
................................................................ that
...........................................................................
......................................................
And let the defendant within (14 days) after service of this summons on him
counting the day of service, return the accompanying Acknowledgment of Service
to the Registry of the High Court.
Dated the ........... day of ........................... 19......
Note:-This summons may not be served later than 12 calendar months beginning
with the above date unless renewed by order of the Court.
This summons was taken out by ................. of
..................................... solicitors for the said plaintiff whose
address is as stated above (or where the plaintiff sues in person.
This summons was taken out by the said plaintiff who resides at
................................ and (if the plaintiff does not reside within
the jurisdiction) whose address for service
is.........................................................................
............................................................).
Note:-If a defendant does not attend personally or by his counsel or solicitor
at the time and place above-mentioned such order will be made as the Court may
think just and expedient.
IMPORTANT
Directions for Acknowledgment of Service are given with the accompanying form.
(L.N. 251 of 1997; 25 of 1998 s. 2)
No. 11
Ex parte originating summons
(O. 7 r. 2) 19 ......, No. ..........
IN THE HIGH COURT OF HONG KONG
In the matter of
...........................................................................
............................ Let all parties concerned attend before the Judge
in Chambers (or the master) at the High Court in Hong Kong, on
........................................................... day, the
............. day of ................................................. 19
....., at ....... o'clock, on the hearing of an application by A.B. that
...........................................................................
......................................... Dated the ................ day of
....................... 19........ This summons was taken out by
....................... of .............................................
solicitor for the applicant whose address is
........................................................................ (L.N.
313 of 1997; 25 of 1998 s. 2)
--------------------
No. 11A
Originating summons for possession
(O. 113 r. 2)
19 ......, No. ...........
IN THE COURT OF FIRST INSTANCE OF HONG KONG
(IN THE MATTER OF .............) Between A.B. Plaintiff
AND
C.D. Defendant (if any) whose name is known To [C.D. and] every [other] person
in occupation of .................................................. Let all
persons concerned attend before
................................................................. Court of
First Instance ...................................... of Hong Kong in Hong
Kong on ................................... day, the
.......................... day of
.................................................. 19 ......., at .......
o'clock, on the hearing of an application by A.B. for an order that he do
recover possession of .................................................... on
the ground that he is entitled to possession and that the person(s) in
occupation is (are) in occupation without licence or consent. Dated the
............... day of ......................... 19 ........ This summons was
taken out by ..................... of
..................................................... solicitor for the said
plaintiff whose address is
.................................................................... [or when
the plaintiff acts in person] This summons was taken out by the said plaintiff
who resides at .................................
...................................... and is (state occupation) and (if the
plaintiff does not reside within the jurisdiction) whose address for service
is .....................................................................
Note:-Any person occupying the premises may apply to the Court personally or
by counsel or solicitor to be joined as a defendant. If a person occupying the
premises does not attend personally or by counsel or solicitor at the time and
place above-mentioned, such order will be made as the Court may think just and
expedient. (L.N. 251 of 1997; L.N. 313 of 1997; 25 of 1998 s. 2)
No. 12
Notice of appointment to hear originating summons
(O. 28 r. 2)
(Heading as in summons)
To (name of defendant) of
...........................................................................
............ Take notice that the originating summons issued herein on the
.......... day of .................... 19 ......, will be heard by the Judge
in Chambers (or the master) at the High Court in Hong Kong, on
........................ day, the ........................ day of
................... 19......, at ....... o'clock. You may attend in person, or
by your solicitor or counsel. If you fail to attend, such order will be made
as the Court may think just and expedient.
Dated the ............. day of............... 19......
(Signed) ..............................................................
Solicitor for the plaintiff. (L.N. 251 of 1997; L.N. 313 of 1997; 25 of 1998
s. 2)
--------------------
No. 13
Notice of originating motion
(O. 8 r. 3)
19 ......., No. ............
IN THE HIGH COURT OF HONG KONG
In the matter of
...................................................................... and In
the matter of
......................................................................
Take notice that the High Court of Hong Kong in Hong Kong will be moved
(before his Lordship, Mr. Justice
..........................................................................)
at the expiration of ............. days from the service upon you of this
notice (or on ............................................ day, the
............ day of .............. 19 ......, at the sitting of the Court) or
so soon thereafter as counsel can be heard, by counsel on behalf of A.B. for
an order that ................. (or for the following relief, namely
...........................................................................
............................................) And that the costs of and
incidental to this (application) (appeal) may be paid by ............... (And
further take notice that the grounds of this (application) (appeal) are:
......................) Dated the ............. day of ................ 19
.....
(Signed) .............................................................
C.D. of ................................. solicitor for the above named
(applicant) (appellant) A.B. whose address is
...........................................................................
..... or A.B. whose address for service is
...........................................................................
............. (applicant) (appellant) in person
...........................................................................
............. To ....................... of ..........................
(L.N. 251 of 1997; L.N. 313 of 1997; 25 of 1998 s. 2)
No. 14
Acknowledgment of Service of Writ of Summons
(O. 12 r. 3)
Directions for Acknowledgment of Service
1. The accompanying form of ACKNOWLEDGMENT OF SERVICE should be detached and
completed by a Solicitor acting on behalf of the Defendant or by the Defendant
if acting in person. After completion it must be delivered or sent by post to
the Registry of the High Court at the following address:- 2. A Defendant who
states in his Acknowledgment of Service that he intends to contest the
proceedings MUST ALSO file a DEFENCE which must be written in either the
Chinese or the English language with the registry and serve a copy thereof on
the Solicitor for the Plaintiff (or on the Plaintiff if acting in person).
If a Statement of Claim is indorsed on the Writ (i.e. the words "Statement of
Claim" appear at the top of the back), the Defence must be filed and served
within 14 days after the time for acknowledging service of the Writ, unless in
the meantime a summons for judgment is served on the Defendant. If a
Statement of Claim is not indorsed on the Writ, the Defence need not be filed
and served until 14 days after a Statement of Claim has been served on the
Defendant. If the Defendant fails to file and serve his defence within the
appropriate time, the Plaintiff may enter judgment against him without further
notice. 3. A STAY OF EXECUTION against the Defendant's goods may be applied
for where the Defendant is unable to pay the money for which any judgement is
entered. If a Defendant to an action for a debt or liquidated demand (i.e. a
fixed sum) who does not intend to contest the proceedings states, in answer to
Question 3 in the Acknowledgment of Service, that he intends to apply for a
stay, execution will be stayed for 14 days after his Acknowledgment, but he
must within that time, ISSUE A SUMMONS for a stay of execution, supported by
an affidavit of his means. The affidavit should state any offer which the
Defendant desires to make for payment of the money by instalments or
otherwise.
See attached Notes for Guidance
Notes for Guidance
1. Each Defendant (if there are more than one) is required to complete an
Acknowledgment of Service and return it to the Registry of the High Court. [2.
For the purpose of calculating the period of 14 days for acknowledging
service, a writ served on the Defendant personally is treated as having been
served on the day it was delivered to him and a writ served by post or by
insertion through the Defendant's letter box is treated as having been served
on the seventh day after the date of posting or insertion.] (Note: Not
applicable if the defendant is a company served at its registered office.) 3.
Where the Defendant is sued in a name different from his own, the form must be
completed by him with the addition in paragraph 1 of the words "sued as (the
name stated on the Writ of Summons)". 4. Where the Defendant is a FIRM and a
Solicitor is not instructed, the form must be completed by a PARTNER by name,
with the addition in paragraph 1 of the description "partner in the firm of
(.......................)" after his name. 5. Where the Defendant is sued as
an individual TRADING IN A NAME OTHER THAN HIS OWN, the form must be completed
by him with the addition in paragraph 1 of the description "trading as
(..........................)" after his name. 6. Where the Defendant is a
LIMITED COMPANY the form must be completed by a Solicitor or by someone
authorized to act on behalf of the Company, but the Company can take no
further step in the proceedings without a Solicitor acting on its behalf. 7.
Where the Defendant is a MINOR or a MENTAL Patient, the form must be completed
by a Solicitor acting for a guardian ad litem. 8. A Defendant acting in person
may obtain help in completing the form at the Registry of the High Court. 9.
These notes deal only with the more usual cases. In case of difficulty a
Defendant in person should refer to paragraph 8 above.
(Heading as in No. 1 to be completed by plaintiff)
ACKNOWLEDGMENT OF SERVICE OF WRIT OF SUMMONS
If you intend to instruct a Solicitor to act for you, give him this form
IMMEDIATELY.
Important. Read the accompanying directions and notes for guidance
carefully before completing this form. If any information required is omitted
or given wrongly, THIS FORM MAY HAVE TO BE RETURNED. Delay may result in
judgment being entered against a Defendant whereby he or his Solicitor may
have to pay the costs of applying to set it aside.
see Notes 1, 3, 4 and 5. 1. State the full name of the Defendant by whom or on
whose behalf the service of the Writ is being acknowledged.
2. State whether the Defendant intends to contest the proceedings (tick
appropriate box)
p yes p no
See Direction 3. 3. If the claim against the Defendant is for a debt or
liquidated demand, AND he does not intend to contest the proceedings, state if
the Defendant intends to apply for a stay of execution against any judgment
entered by the Plaintiff (tick box)
p Where words appear between square brackets, delete if inapplicable. Service
of the Writ is acknowledged accordingly.
(Signed) [Solicitor] ( )
[Defendant in person]
Address for service
Notes as to Address for Service
Solicitor. Where the Defendant is represented by a Solicitor, state the
Solicitor's place of business in Hong Kong.
Defendant in person. Where the Defendant is acting in person, he must give his
residence OR, if he does not reside in Hong Kong, he must give an address in
Hong Kong where communications for him should be sent. In the
case of a limited company, "residence" (居所) means its registered or
principal office.
(Back of page (1))
Indorsement by plaintiff's solicitor (or by plaintiff if suing in person) of
his name, address and reference, if any. (L.N. 251 of 1997; L.N. 313 of 1997;
25 of 1998 s. 2)
No. 15
Acknowledgment of Service of Originating Summons
(O. 10 r. 5)
Directions for Acknowledgment of Service
The accompanying form of ACKNOWLEDGMENT OF SERVICE should be detached and
completed by a Solicitor acting on behalf of the Defendant or by the Defendant
if acting in person. After completion it must be delivered or sent by post to
the Registry of the High Court of the following address:-
See over for Notes for Guidance
[Back of page (1)]
Notes for Guidance
[As in No. 14 substituting "originating summons" for "writ of summons".]
(Heading as in No. 8 or 10 to be completed by plaintiff)
ACKNOWLEDGMENT OF SERVICE OF ORIGINATING SUMMONS
If you intend to instruct a Solicitor to act for you, give him this form
IMMEDIATELY.
Important. Read the accompanying directions and notes for guidance
carefully before completing this form. If any information required is omitted
or given wrongly, THIS FORM MAY HAVE TO BE RETURNED.
See Notes 1, 3, 4 and 5. 1. State the full name of the Defendant by whom or on
whose behalf the service of the Originating Summons is being acknowledged.
2. State whether the Defendant intends to contest the proceedings (tick
appropriate box)
p yes p no
Where words appear between square brackets, delete if inapplicable. Service of
the Originating Summons is acknowledged accordingly.
(Signed) [Solicitor] ( )
[Defendant in person]
Address for service
Notes as to Address for Service
Solicitor. Where the Defendant is represented by a Solicitor, state the
Solicitor's place of business in Hong Kong.
Defendant in person. Where the Defendant is acting in person, he must give his
residence OR, if he does not reside in Hong Kong, he must give an address in
Hong Kong where communications for him should be sent. In the
case of a limited company, "residence" (居所) means its registered or
principal office.
(Back of page (1))
Indorsement by plaintiff's Solicitors (or by plaintiff if suing in person) of
his name, address and reference, if any. (L.N. 251 of 1997; 25 of 1998 s. 2)
No. 17
Notice to be indorsed on copy of counterclaim
(O. 15 r. 3(6))
To X. Y.
Take notice that, within [14 days] after service of this defence and
counterclaim on you, counting the day of service, you must acknowledge service
and state in your acknowledgment whether you intend to contest the
proceedings. If you fail to do so or if your acknowledgment does not state
your intention to contest the proceedings, judgment may be given against you
without further notice.
IMPORTANT
Directions for Acknowledgment of Service are given with the accompanying form.
(L.N. 251 of 1997) --------------------
No. 20
Third party notice claiming contribution or indemnity or other relief or
remedy
(O. 16)
19 ......, No. ............
IN THE HIGH COURT OF HONG KONG
COURT OF FIRST INSTANCE
Between A.B. Plaintiff
AND
C.D. Defendant
AND
T.P. Third Party
Third Party Notice
[Issued pursuant to the order of ............... dated the
.............................................. day of
................................]. To T.P. of
...................................... in the
............................................................... of
...........................................................................
........................................................ Take notice that this
action has been brought by the plaintiff against the defendant. In it the
plaintiff claims against the defendant [here state the nature of the
plaintiff's claim] as appears from the writ of summons [or
originating summons] a copy whereof is served herewith [together with a copy
of the statement of claim]. The defendant claims against you [here state the
nature of the claim against the third party as for instance] to be indemnified
against the plaintiff's claim and the costs of this action or contribution to
the extent of [one half] of the plaintiff's claim or the following relief or
remedy namely ...................... on the grounds that (state the grounds of
the claim). And take notice that within [14 days] after service of this notice
on you, counting the day of service, you must acknowledge service and state in
your acknowledgment whether you intend to contest the proceedings. If you fail
to do so, or if your acknowledgment does not state your intention to
contest the proceedings, you will be deemed to admit the plaintiff's claim
against the defendant and the defendant's claim against you and your liability
to [indemnify the defendant or to contribute to the extent claimed or to
................................. stating the relief for remedy sought] and
will be bound by any judgement or decision given in the action, and the
judgement may be enforced against you in accordance with Order 16 of the Rules
of the High Court Chapter 4.
Dated the ............. day of ............... 19 ......
(Signed) ..................................................... Solicitor for
the defendant.
IMPORTANT
Directions for Acknowledgment of Service are given with the accompanying form.
(L.N. 251 of 1997; 25 of 1998 s. 2)
_____________
No. 21
Third party notice where question or Issue to be determined
(O. 16)
[Title etc. as in No. 20 down to end of first paragraph]
The defendant requires that the following question or issue, viz. [here state
the question or issue required to be determined] should be determined not only
as between the plaintiff and the defendant but also as between either or both
of them and yourself.
And take notice that [as in No. 20 down to the words "intention to contest the
proceedings"] you will be bound by any judgment or decision in the action so
far as it is relevant to the said question or issue, and the judgment may be
enforced against you in accordance with Order 16 of the Rules of the High
Court Chapter 4.
Dated the ............... day of ................. 19........
(Signed) ................................................. Solicitor for the
defendant.
IMPORTANT
Directions for Acknowledgment of Service are given with the accompanying form.
(L.N. 251 of 1997; 25 of 1998 s. 2)
No. 23
Notice of payment into court
(O. 6 r. 2; O. 22 rr. 1, 2)
(Heading as in action)
Take notice that-
The defendant ....................... has paid $ ......... into court.
The said $........................................... is in satisfaction of
(the cause of action) (all the causes of action) in respect of which the
plaintiff claims (and after taking into account and satisfying the above-named
defendant's cause of action for ..........................................
...........................................................................
.............................. in respect of which he counterclaims).
or
The said $ ....................................................... is in
satisfaction of the following causes of action in respect of which the
plaintiff claims, namely, ......................................... (and after
taking into account as above).
or
Of the said $..........................................., $
.......................................... is in satisfaction of the
plaintiff's cause(s) of action for
..................................................... (and after taking into
account as above) and $
........................................................ is in satisfaction of
the plaintiff's cause(s) of action for
............................................................ (and after taking
into account as above).
Dated the ............... day of ............... 19...... (L.N. 251 of 1997)
--------------------
No. 24
Notice of acceptance of money paid into court
(O. 22 r. 3)
(Heading as in action)
Take notice that the plaintiff accepts the sum of $
................................................. paid in by the defendant
C.D. in satisfaction of the cause(s) of action in respect of which it was paid
in and in respect of which the plaintiff claims (against that defendant) (and
abandons the other causes of action in respect of which he claims in this
action).
Dated the .............. day of ................... 19..............
No. 26
List of Documents
(O. 24 r. 5)
(Heading as in cause or matter)
List of documents
The following is a list of the documents relating to the matters in question
in this action which are or have been in the possession, custody or power of
the above-named plaintiff (or defendant) A.B. and which is served in
compliance with Order 24, rule 2 (or the order herein dated the
................... day of ...................... 19 ....................). 1.
The plaintiff (or defendant) has in his possession, custody or power the
documents relating to the matters in question in this action enumerated in
schedule 1 hereto. 2. The plaintiff (or defendant) objects to produce the
documents enumerated in part 2 of the said schedule 1 on the ground that
(stating the ground of objection). 3. The plaintiff (or defendant) has had,
but has not now, in his possession, custody or power the documents relating to
the matters in question in this action enumerated in schedule 2 hereto. 4. Of
the documents in the said schedule 2, those numbered ............ in that
schedule were last in the plaintiff's (or defendant's) possession, custody or
power on (stating when) and the remainder on (stating when). (Here state what
has become of the said documents and in whose possession they now are.) 5.
Neither the plaintiff (or defendant), nor his solicitor nor any other person
on his behalf, has now, or ever had, in his possession, custody or power any
document of any description whatever relating to any matter in question this
action, other than the documents enumerated in schedules 1 and 2 hereto.
SCHEDULE 1
Part 1
(Here enumerate in a convenient order the documents (or bundles of documents,
if of the same nature, such as invoices) in the possession, custody or power
of the party in question which he does not object to produce, with a short
description of each document or bundle sufficient to identify it.)
Part 2
(Here enumerate as aforesaid the documents in the possession, custody or power
of the party in question which he objects to produce.)
SCHEDULE 2
(Here enumerate as aforesaid the documents which have been, but at the date of
service of the list are not, in the possession, custody or power of the party
in question.) Dated the ................... day of ...................
19...............
Notice to inspect
Take notice that the documents in the above list, other than those listed in
part 2 of schedule 1 (and schedule 2), may be inspected at (the office of the
solicitor of the above-named (plaintiff) (defendant) (insert address) or as
may be) on the ............ day of ..................... 19...., between the
hours of ............................... and
.................................. To the defendant (or plaintiff) C.D. and
his solicitor. Served the ...............day of ........................ 19
....... by ........................................... of
...........................................................................
........... solicitor for the (plaintiff) (defendant).
No. 27
Affidavit verifying list of documents
(O. 24 r. 5)
(Heading as in cause or matter)
I, the above-named plaintiff (or defendant) A.B., make oath and say as
follows:-
1. The statements made by me in paragraphs 1, 3 and 4 of the list
of documents now produced and shown to me marked ....................... are
true.
2. The statements of fact made by me in paragraph 2 of the said list are true.
3. The statements made by me in paragraph 5 of the said list are true to the
best of my knowledge, information and belief.
Sworn, etc.
This affidavit is filed on behalf of the plaintiff (or defendant).
--------------------
No. 28
Writ of subpoena
(O. 38 r. 14)
(Heading as in cause or matter)
To (names of witnesses).
You are required to attend (at the High Court in Hong Kong at the sittings of
our High Court) on the day fixed for the trial of the above-named cause,
notice of which will be given to you, and from day to day thereafter until the
end of the trial, to give evidence on behalf of the
(plaintiff) or (defendant)*.
Witness
...........................................................................
Chief Justice of Hong Kong the .............. day of
............................ 19 ..............
Issued on the ............... day of
.....................................................................
19............. by ............................ solicitor for the
.............................................................
*If duces tecum add: And it is also required to bring with you and produce at
the place aforesaid on the day notified to you (here describe the documents or
things to be produced). (L.N. 251 of 1997; L.N. 313 of 1997; 25 of 1998 s. 2)
--------------------
No. 29
Writ of subpoena: proceedings in chambers
(O. 38 r. 14)
(Heading as in cause or matter)
To (names of witnesses).
You are required to attend before (Mr. Justice
.........................................................) in chambers, at the
High Court in Hong Kong on
...................................................... day the
........................ day of .................................. 19
..................................................... at
.................................................... and so from day to day
until your evidence shall have been taken, to give evidence on behalf of the
(plaintiff) or (defendant) in the above-named cause (and it is also required
to bring with you and produce at the time and place aforesaid describe the
documents or things to be produced).
Witness (as in No. 28).
Issued (as in No. 28). (L.N. 251 of 1997; L.N. 313 of 1997; 25 of 1998 s. 2)
--------------------
No. 31
Summons for examination within jurisdiction of witness before trial
(O. 39 r. 1)
(Heading as in cause or matter)
Let all parties concerned attend the Judge (or Registrar) in chambers at the
High Court in Hong Kong on ............. the
....................................... day of
.................................... 19 ...... at .....................
o'clock on the hearing of an application on the part of ......................
.............................................. that A.B. a witness on behalf
of the .................................... be examined forthwith before a
Judge, [the Registrar] or one of the examiners of the Court (or an examiner to
be agreed upon) upon the usual terms, and that the costs of this application
be (costs in the cause).
Dated the ................ day of ....................... 19 ............
This summons was taken out by
...........................................................................
...... of .............................. solicitor for the
...........................................................................
............
To the above-named ............................ (and
.............................................. his solicitor). (L.N. 313 of
1997; 25 of 1998 s. 2)
--------------------
No. 32
Order for examination within jurisdiction of witness before trial
(O. 39 r. 1)
(Heading as in cause or matter)
On hearing (the solicitors on both sides) and on reading the affidavit of
........................ filed herein the .............. day of
...................... 19..............
It is ordered that
.................................................................. a witness
on behalf of the
.............................................................. be examined
viva voce on oath or affirmation before a Judge, the Registrar or one of
the examiners of the Court (or ................................. Esq., the
examiner agreed upon or an examiner to be agreed upon), the plaintiff's
(or defendant's) solicitor giving to the defendant's (or plaintiff's)
solicitor ................................... days' notice in writing of the
time and place where the examination is to take place (or state the time and
place if fixed by the order). And it is ordered that the depositions taken at
the examination be filed in the Registry of the High Court, and that office
copies thereof may be read and given in evidence on the trial of this cause,
saving all just exceptions, without any further proof of the absence of the
said witness than the affidavit of the solicitor of the party using the same,
as to his belief, and that the costs of this application (and of the
examination) be (costs in the cause).
Dated the ................... day of ..................... 19.......... (L.N.
251 of 1997; 25 of 1998 s. 2)
--------------------
No. 33
Summons for issue of letter of request to judicial authority
out of jurisdiction
(O. 39 r. 2)
(Heading as in cause or matter)
Let all parties (as in No. 31) on the hearing of an application on the part of
...................................................... for an order that a
letter of request shall issue to the proper judicial authority of
........................... for the examination of E.F. and G.H. and other
witnesses on the plaintiff's (or the defendant's) behalf at
......................................... in (name of country), and that
the action be stayed until the return of the said letter of request and
examination, and that the costs of and incidental to this application and the
said letter of request and examination be costs in the cause.
Dated, etc. (conclude as in No. 31).
--------------------
No. 34
Order for issue of letter of request to judicial authority out of jurisdiction
(O. 39 r. 2)
(Heading as in cause or matter)
On hearing (as in No. 32).
It is ordered that a letter of request do issue directed to the proper
judicial authority for the examination of the following witnesses, namely:
E.F. of ..................................................
G.H. .....................................................
And it is ordered that the depositions taken pursuant thereto when received be
filed in the Registry of the High Court and that office copies thereof may be
read and given in evidence on the trial of this action, saving all just
exceptions, without any further proof of the absence of the said witnesses
than the affidavit of the solicitor of the party using the same as to his
belief.
And it is ordered that (the trial of this action be stayed until the said
depositions have been filed and that) the costs of and incidental to the
application for this order and the said letter of request and examination be
(costs in the cause).
Dated the ................... day of ..................... 19........
(25 of 1998 s. 2)
_______________
No. 35
Letter of request for examination of witness out of jurisdiction
(O. 39 r. 3)
To the Competent Judicial Authority of
..................................................................... in the
...................... of
...........................................................................
.......................
WHEREAS an action is now pending in the High Court of Hong Kong in which
.......... is plaintiff and ......................................... is
defendant and in which the plaintiff claims ......
...........................................................................
............................................................
AND WHEREAS it has been represented to the said Court that it is necessary for
the purposes of justice and for the due determination of the matters in
dispute between the parties that the following persons should be examined as
witnesses upon oath touching such matters, namely
............................. of ................................ and
............................... of .................... and it appears that
such witnesses are resident within your jurisdiction.
Now I ................................................... the Registrar of the
High Court in Hong Kong hereby request that for the reasons aforesaid and for
the assistance of the said Court you will be pleased to summon the said
witnesses (and such other witnesses as the agents of the said plaintiff and
defendant shall humbly request you in writing so to summon) to attend at such
time and place as you shall appoint before you, or such other person as
according to your procedure is competent to take the examination of witnesses,
and that you will cause such witnesses to be examined viva voce (or upon the
interrogatories which accompany this letter of request) touching the said
matters in question in the presence of the agents of the plaintiff and
defendant or such of them as shall, on due notice given, attend the
examination.
And I further request that you will permit the agents of both the plaintiff
and defendant or such of them as shall be present to examine
(upon interrogatories and viva voce upon the subject-matter thereof or arising
out of the answers thereto) such witnesses as may, after due notice in
writing, be produced on their behalf, and the other party to cross-examine the
said witnesses (upon cross-interrogatories and viva voce) and the party
producing the witness for examination to re-examine him viva voce.
And I further request that you will be pleased to cause the evidence of the
said witnesses (or the answers of the said witnesses and all additional viva
voce questions, whether on examination, cross-examination or re-examination)
to be reduced into writing and all books, letters, papers and documents
produced on such examination to be duly marked for identification, and that
you will be further pleased to authenticate such examination by the seal of
your tribunal or in such other way as is in accordance with your procedure and
to return it together with (the interrogatories and cross-interrogatories and)
a note of the charges and expenses payable in respect of the execution of this
request through the British Consul from whom the same was received (or
......., one of Her Majesty's Secretaries of State) for transmission to the
High Court, Hong Kong.
And I further request that you will cause me, or the agents of the parties if
appointed, to be informed of the date and place where the examination is to
take place.
Dated the ................... day of .................... 19 ..............
(25 of 1998 s. 2)
--------------------
No. 36
Summons for appointment of examiner to take evidence of witness out of
jurisdiction
(O. 39 r. 2)
(Heading as in cause or matter)
Let all parties (as in No. 31) on the hearing of an application on the part of
...........................................................................
.......... for an order that (the British Consul at
...........................................................................
.......... in (name of country) or his deputy)
(....................................... Esq.) be appointed as special
examiner for the purpose of taking the examination, cross-examination, and
re-examination, viva voce, on oath or affirmation, of
.......................................... and
..........................................................., witnesses on
behalf of the ............................., at
........................................................ in (name of country)
on the usual terms and that the costs of and incidental to this application
and the said examination be costs in the cause.
Dated, etc. (conclude as in No. 31).
--------------------
No. 37
Order for appointment of examiner to take evidence of witness out of
jurisdiction
(O. 39 r. 2)
(Heading as in cause or matter)
On hearing the solicitors on both sides and on reading the affidavit of
.......................... filed the ....................... day of
....................... 19 ...........
It is ordered that the British Consul or his deputy at
.................................................. (or ......................
Esq.) be appointed as special examiner for the purpose of taking the
examination, cross-examination and re-examination viva voce, on oath or
affirmation, of ............ witnesses on the part of ........................
at ...................... in (name of country). The examiner shall be at
liberty to invite the attendance of the witnesses and the production of
documents, but shall not exercise any compulsory powers. Otherwise such
examination shall be conducted in accordance with the procedure followed in
the Court of First Instance of Hong Kong. The .................... solicitors
to give to the ........................ solicitors .................. days'
notice in writing of the date on which they propose to send out this order to
...................................... for execution, and that
....................... days after the service of such notice the solicitors
for the plaintiff and defendant respectively do exchange the names of their
agents at ...................................... to whom notice relating to
the examination of the said witnesses may be sent. And that
............................. days (exclusive of Sunday) before the
examination of any witness hereunder notice of such examination shall be given
by the agent of the party on whose behalf such witness is to be examined to
the agent of the other party, unless such notice be dispensed with. And that
the depositions when taken, together with any documents referred to therein,
or certified copies of such documents, or of extracts therefrom, be sent by
the examiner, under seal, to the Registrar of the High Court in Hong Kong, on
or before the ............................ day of .............. next, or such
further or other day as may be ordered, there to be filed in the proper
office. And that either party be at liberty to read and give such depositions
in evidence on the trial of this action, saving all just exceptions. And that
the trial of this action be stayed until the filing of such depositions. And
that the costs of and incidental to the application for this order and such
examination be costs in the cause.
Dated the ............... day of .................... 19 ......... (L.N. 313
of 1997; 25 of 1998 s. 2)
--------------------
No. 38
Notice of Motion
(O. 8 r. 3)
(Heading as in cause or matter)
Take notice that (pursuant to the leave of ........................... given
on the ..................... day of ....................... 19 ...........)
the Court (or Mr. Justice ........................................) will be
moved ................ the ............. day of ............................
19 ........., at ........................ o'clock, or so soon thereafter as
counsel can be heard, by (Mr. ............................ of
..........................) counsel for the above-named plaintiff (or
defendant) that ......................................................... and
that the costs of the application be
...........................................................................
........
Dated the .................. day of ................... 19 ...........
(Signed) .............................................. of
.......................................... Solicitor for
........................................
To
Solicitor for .............................................. (L.N. 251 of
1997)
--------------------
No. 39
Default judgment in action for liquidated demand
(O. 13 r. 1; O. 19 r. 2; O. 42 r. 1)
(Heading as in action)
The ....................... day of ................... 19..........
No notice of intention to defend having been given (or no defence having been
served) by the defendant herein, it is this day adjudged that the defendant do
pay the plaintiff $.................................... and
$.................................................... costs (or costs to be
taxed).
(The above costs have been taxed and allowed at $
................................................... as appears by a taxing
officer's certificate dated the
.......................................................... day of
............................................. 19 ............). (L.N. 251 of
1997)
--------------------
No. 40
Default judgment in action for unliquidated damages
(O. 13 r. 2; O. 19 r. 3; O. 42 r. 1)
(Heading as in action)
The ............. day of ..................... 19........
No notice of intention to defend having been given (or no defence having
been served) by the defendant herein, it is this day adjudged that the
defendant do pay the plaintiff damages to be assessed.
---------------------------------------------------------------------------
--------------------------------- The amount found due to the plaintiff under
this judgment having been certified at $
........................................ as appears by the
(Judge's or Registrar's certificate or as may be) filed the
...................... day of ...................... 19 .............
It is adjudged that the defendant do pay the plaintiff $
............................... and costs to be taxed.
The above costs, etc. (as in No. 39).
(Note:-This form is a combined form of interlocutory and final judgment. The
plaintiff may at his option enter interlocutory judgment by omitting the words
below the line in the form and enter a separate final judgment in Form No.
43.) (L.N. 251 of 1997)
--------------------
No. 41
Default judgment in action relating to detention of goods
(O. 13 r. 3; O. 19 r. 4; O. 42 r. 1)
(Heading as in action)
The ............. day of .................... 19 ............
No notice of intention to defend having been given (or no defence having been
served) by the defendant herein.
It is this day adjudged that the defendant do deliver to the plaintiff the
goods described in the writ of summons (or statement of claim) as
(description of goods) or pay the plaintiff the value of the said goods to be
assessed (and also damages for their detention to be assessed). or It is this
day adjudged that the defendant do pay the plaintiff the value of the goods
described in the writ of summons (or statement of claim) to be assessed (and
also damages for their detention to be assessed).
---------------------------------------------------------------------------
--------------------------------- The value of the said goods having been
assessed at $ .......................... (and damages at $ ...............) as
appears by the (Judge's or Registrar's certificate or as may be) filed the
........... day of ................... 19 ...... .
It is adjudged that the defendant do pay the plaintiff $ ............. and
costs to be taxed.
The above costs, etc. (as in No. 39).
(Note:-See the note to No. 40.) (L.N. 251 of 1997)
--------------------
No. 42
Default judgment in action for possession of land
(O. 13 r. 4; O. 19 r. 5; O. 42 r. 1)
(Heading as in action)
The ............... day of .................. 19........
No notice of intention to defend having been given (or no defence having been
served) by the defendant herein, it is this day adjudged that the defendant do
give the plaintiff possession of the land described in the writ of summons (or
statement of claim) as ............................ and pay the plaintiff $
.............. costs (or costs to be taxed).
The above costs, etc. (as in No. 39). (L.N. 251 of 1997)
--------------------
No. 42A
Order for possession
(O. 113 r. 6)
[Heading as in summons]
Upon hearing ............................ and upon reading the affidavit of
........................... filed the ................ day of
......................... 19 .........., it is ordered that the plaintiff A.B.
do recover possession of the land described in the originating summons as
................................................. [and that the defendant
..................... do pay the plaintiff $
............................................. costs [or costs to be
taxed]].
The above costs have been taxed and allowed at $
..................................... as appears by a taxing master's
certificate dated the ...................... day of .........................
19 ..............
Dated the ................ day of ................... 19..... (L.N. 251 of
1997)
--------------------
No. 43
Final judgment after assessment of damages, etc.
(O. 42 r. 1)
(Heading as in action)
The .................. day of ..................... 19 ............
The plaintiff having on the ............. day of
........................................... 19 ..................... obtained
interlocutory judgment herein against the defendant for damages
(or as may be) to be assessed, and the amount found due to the plaintiff
having been certified at $ ......................... as appears by the
(Judge's or Registrar's certificate or as may be) filed the
............................. day of ............................ 19 .........
It is this day adjudged that the defendant do pay the plaintiff $
................................... and costs to be taxed.
The above costs, etc. (as in No. 39). (L.N. 251 of 1997)
--------------------
No. 44
Judgment under Order 14
(O. 14 r. 3; O. 42 r. 1)
(Heading as in action)
The ............. day of ................. 19.............
The defendant having given notice of intention to defend herein and the Court
having under Order 14, rule 3 ordered that judgment as hereinafter provided be
entered for the plaintiff against the defendant.
It is this day adjudged that the defendant do pay the plaintiff $
................ and $ ................. costs (or costs to be taxed)
or pay the plaintiff damages to be assessed and costs to be taxed or deliver
to the plaintiff the goods described in the writ of summons (or
statement of claim) as
.......................................................... (or pay the
plaintiff the value of the said goods to be assessed) (and also damages for
their detention to be assessed) and costs to be taxed or give the plaintiff
possession of the land described in the writ of summons
(or statement of claim) as ............................ and costs to be
taxed. The above costs, etc. (as in No. 39). (L.N. 251 of 1997)
--------------------
No. 45
Judgment after trial before judge without jury
(O. 42 r. 1)
(Heading as in action)
Dated and entered the ............. day of ....................... 19
.........
This action having been tried before the Honourable Mr. Justice
...................................... without a jury, at the High Court, Hong
Kong, and the said Mr. Justice ....................... having on the
................. day of ..................... 19 ......... ordered that
judgment as hereinafter provided be entered for the plaintiff (or defendant)
(and directed that execution be stayed for the period and on the terms
hereinafter provided).
It is adjudged that the defendant do pay the plaintiff $
........................................... and his costs of action to be
taxed (or that the plaintiff do pay the defendant his costs of defence
to be taxed or as may be according to the judge's order).
(It is further adjudged that execution be stayed for .........................
days and if within that time the .......................... gives notice of
appeal and sets down the appeal, execution be further stayed until the
determination of the appeal
or as may be according to the judge's direction).
The above costs, etc. (as in No. 39). (L.N. 251 of 1997; 25 of 1998 s. 2)
--------------------
No. 46
Judgment after trial before judge with jury
(O. 42 r. 1)
(Heading as in action)
Dated and entered the ............... day of ................ 19 ............
This action having been tried before the Honourable Mr. Justice
...................................... with a jury and the jury having found
(state findings) and the said Mr. Justice ............................ having
on the ..................... day of ..................... 19 ........ ordered
that judgment as hereinafter provided be entered for (etc. as in No. 45).
(L.N. 251 of 1997)
-----------------
No. 48
Judgment after decision of preliminary issue
(O. 33 r. 7; O. 42 r. 1)
(Heading as in cause or matter)
Dated and entered the .............. day of ................... 19
.............
The issue (or question) arising in this cause (or matter) by the order
dated the ............... day of ................... 19 ...... ordered to be
tried before ........................................
...........................................................................
...................... having on the ................. day of
........................ 19 ....... been tried before the said
..................................... and the said
............................................................ having found
................................................ and having ordered that
judgment as hereinafter provided be entered for the ........................
...................................................... (or having
dismissed the cause or matter).
It is adjudged that (the defendant do pay the plaintiff $
........................................ and his costs of action to be taxed)
(the plaintiff do pay the defendant his costs of defence to be taxed) or as
may be according to the order made. (L.N. 251 of 1997)
--------------------
No. 49
Judgment for liquidated sum against personal representative
(O. 42 r. 1)
(Heading as in action)
Dated and entered the .............. day of ................... 19
................. (Recital as in No. 39, 43-48 according to the circumstances
in which judgment was obtained).
It is adjudged that the defendant as executor (or administrator) of the
above named ...................................... deceased do pay the
plaintiff $ ....................................... and costs to be taxed, the
said sum and costs to be levied of the real and personal estate of the
deceased at the time of his death come to the hands of the defendant as
such executor (or administrator) to be administered, if he has or shall
hereafter have so much thereof in his hands to be administered, and if he has
not so much thereof in his hands to be administered, then, as to the costs
aforesaid, to be levied of the goods, chattels and other property of
the defendant authorized by law to be seized in execution (or as may be
according to the order made).
The above costs, etc. (as in No. 39). (L.N. 251 of 1997)
--------------------
No. 50
Judgment for defendant's costs on discontinuance
(O. 62 r. 10(1))
(Heading as in action)
The ............... day of .................. 19 ...........
The plaintiff having by a notice in writing dated the .................... day
of .................... 19 .........., discontinued this action (or withdrawn
his claim in this action for .......................
................................................) and the defendant's
costs of the action (or of the claim withdrawn) having been taxed and
allowed at $ .......................... as appears by a taxing officer's
certificate dated the ................. day of .................... 19
............., and the plaintiff not having paid the sum within 4 days after
taxation.
It is this day adjudged that the plaintiff do pay the defendant $
............................. the said taxed costs. (L.N. 251 of 1997)
--------------------
No. 51
Judgment for costs after acceptance of money paid into court
(O. 62 r. 10(2), (3))
(Heading as in action)
The ............... day of ................. 19 ..............
The defendant having paid into court in this action the sum of $
................................... in satisfaction of the plaintiff's
cause(s) of action (or in satisfaction of the plaintiff's cause of
action for ..............................................................),
and the plaintiff having by his notice dated the ................ day of
................. 19 ........... accepted that sum in satisfaction of his
cause(s) of action (or in satisfaction of his cause of action for
.................................... and abandoned his other cause(s) of
action), and the plaintiff's costs herein having been taxed and allowed at $
................................................... as appears by a taxing
officer's certificate dated the ................ day of ....................
19 .........., and the defendant not having paid the sum within 48 hours after
taxation.
It is this day adjudged that the defendant do pay the plaintiff $
............................ the said taxed costs. (L.N. 251 of 1997)
--------------------
No. 52
Notice of judgment or order
(O. 44 r. 3)
(Heading as in cause or matter)
Take notice that a judgment (or order) of this Court was given (or
made) on the ........................ day of ....................... 19
.......... by which it was (state substance of judgment or order).
And also take notice that from the time of the service of this notice you
(or the infant .................. or the patient
................................. as may be) will be bound by the said
judgment (or order) to the same extent as you (or he) would have been
if you (or he) had originally been made a party.
And also take notice that you (or the said infant or patient) may within
one month after the service of this notice apply to the Court to
discharge, vary or add to the said judgment (or order) and that after
acknowledging service of this notice at the Registry of the High Court in
Hong Kong, you (or the said infant of patient) may attend the
proceedings under the said judgment (or order).
Dated the ............... day of .................... 19..............
To .................................................
(Signed) ..................................................... (L.N. 126 of
1995; L.N. 251 of 1997; L.N. 313 of 1997; 25 of 1998 s. 2)
--------------------
No. 53
Writ of fieri facias
(O. 45 r. 12)
(Heading as in action)
To the bailiff .......................................... :
Whereas in the above named action it was on the ............... day of
................... 19 ......... adjudged (or ordered) that the
defendant C.D. do pay the plaintiff A.B. $ ................................
(and $ ......................... costs
or costs to be taxed, which costs have been taxed and allowed at $
...................... as appears by the certificate of the taxing officer
dated the .................. day of ........................ 19
.............):
It is required that of the goods, chattels and other property of C.D.
authorized by law to be seized in execution you cause to be made the sums of $
....................... and $ ..................... for costs of execution and
also interest on $ .................... at the rate of $4 per cent per annum
from the .................. day of ........................ 19 ....... until
payment (together with bailiff's fees, costs of levying and all other legal,
incidental expenses) and that immediately after execution of this writ you pay
A.B. in pursuance of the
said judgment (or order) the amount levied in respect of the said sums
and interest.
And it is also required that you indorse on this writ immediately after
execution thereof a statement of the manner in which you have executed it and
send a copy of the statement to A.B.
And the court has fixed support and maintenance allowance at the rate of
..................... a day.
Witness .............................................. Chief Justice of Hong
Kong, the ................... day of ..................... 19 ...............
This writ was issued by ............... of ..................................
solicitor for .........................
the ............................... (or this writ was issued by A.B.
(the plaintiff) in person who resides at ..........................). (L.N.
251 of 1997; L.N. 313 of 1997)
--------------------
No. 54
Writ of fieri facias on order for costs
(O. 45 r. 12)
(Heading as in cause or matter)
To the bailiff .......................... :
Whereas in the above named cause (or matter) it was on the
................. day of ............... 19 .......... ordered that the
...................... C.D. do pay the ................... A.B. costs to be
taxed, which costs have been taxed and allowed at $ ....................... as
appears by the taxing officer's certificate dated the .................... day
of .................... 19 .............. :
It is required that of the goods, chattels and other property of C.D.
authorized by law to be seized in execution you cause to be made the sum of $
.................. and $ .............. for cause of execution, and also
interest on $ ....................... at the rate of $4 per cent per annum
from the .................. day of .......................... 19 .........
until payment together with bailiff's fees, cost of levying and all other
legal incidental expenses and that immediately after execution of this writ
you pay A.B. in pursuance of the said order the amount levied in respect of
the said sum and interest.
And it is also required (as in No. 53).
And the court (as in No. 53).
Witness (as in No. 53).
This writ (as in No. 53). (L.N. 251 of 1997; L.N. 313 of 1997)
--------------------
No. 56
Writ of fieri facias after levy of part
(O. 45 r. 12)
(Heading as in action)
To the bailiff ............................ :
Whereas (as in No. 53).
And whereas by our writ issued the ........................ day of
...................... 19 ........... it is required that of the goods,
chattels and other property of C.D. you should cause to be made the sums of $
........................ and $ ........................ for costs of execution
and also interest on $ ..................... at $4 per cent per annum from the
................. day of ..................... 19 .......... until payment and
should pay A.B. in pursuance of the said
judgment (or order) the amount levied in respect of the said sums and
interest and should indorse on the writ a statement of the manner in which you
had executed it and send a copy of the statement to A.B.
And whereas the indorsement on the said writ states that by virtue thereof
you (or he) caused to be made of the property aforesaid the sum of $
......................................
It is required that of the goods, chattels and other property of C.D.
authorized by law to be seized in execution you cause to be made the sum of $
.........................., the residue of the said $ ................., and $
....................... for costs of execution and also interest on $
..................... at the rate of $4 per cent per annum from the
..................... day of ................... 19 .......... until payment
(continue as in No. 53).
And it is also required (as in No. 53).
And the court (as in No. 53).
Witness (as in No. 53).
This writ (as in No. 53). (L.N. 251 of 1997; L.N. 313 of 1997)
--------------------
No. 57
Writ of fieri facias against personal representative
(O. 45 r. 12)
(Heading as in action)
To the bailiff .......................................... :
Whereas in the above named action it was on the ..........................
day of ...................... 19........... adjudged (or ordered) that
the defendant C.D. as executor (or administrator) of E.F. deceased do
pay the plaintiff A.B. $ ..................... and $
......................... costs (or costs to be taxed which costs have
been taxed and allowed at $ ..................... as appears by the
certificate of the taxing officer dated the ............... day of
................. 19........), the said sums and interest to be levied of the
real and personal estate of the said E.F. at the time of his death in
the hands of the defendant C.D. as his executor (or administrator) to be
administered, if he had or should thereafter have so much thereof in his hands
to be administered, (and if he had not, then the said costs to be levied of
the goods, chattels and other property of the defendant C.D. authorized by law
to be seized in execution):
It is required that of the real and personal estate of E.F. deceased, at the
time of his death, which is in the hands of C.D. as his executor (or
administrator) to be administered you cause to be made the sums of $
.................... and $ ................... for costs of execution and also
interest on $ ................... at the rate of $4 per cent per annum from
the ............... day of .................... 19 ........... until payment
(together with bailiff's fees, cost of levying and all other legal incidental
expenses) (and if the said C.D. has not so much thereof in his hands to be
administered that you cause to be made of the goods, chattels and other
property of C.D. authorized by law to be seized in execution the sum of $
.................... for costs) and that immediately after execution of this
writ you pay A.B. in pursuance of the
said judgment (or order) the amount levied in respect of the said sums
and interest.
And it is also required (remainder as in No. 53).
Witness (as in No. 53).
This writ (as in No. 53). (L.N. 251 of 1997; L.N. 313 of 1997)
--------------------
No. 63
Writ of fieri facias to enforce foreign registered judgment
(O. 45 r. 12; O. 71)
IN THE HIGH COURT OF HONG KONG
In the matter of the Foreign Judgments (Reciprocal Enforcement) Ordinance (
Cap 319).
and
In the matter of a judgment of (describe the court) obtained in (describe the
cause or matter) and dated the ................... day of
.......................... 19 .........................
To the bailiff
................................................................... :
Whereas by a judgment dated the ...................... day of
............................. 19 ........... of (describe the court)
registered in our High Court, Hong Kong pursuant to the Foreign Judgments
(Reciprocal Enforcement) Ordinance it was adjudged that C.D. do pay A.B.
............................ dollars (or as may be) and the amount now
due and owing under the said judgment is equivalent to the sum of $
......................
It is required that of the goods, chattels and other property of C.D.
authorized by law to be seized in execution you cause to be made the sums, of
$ ..................... and $ ...................... for costs of execution
together with bailiff, officers' fees (remainder as in No. 53).
And it is also required (as in No. 53).
Witness (as in No. 53).
This writ (as in No. 53). (L.N. 251 of 1997; L.N. 313 of 1997; 25 of 1998 s.
2)
--------------------
No. 64
Writ of delivery: delivery of goods, damages and costs
(O. 45 r. 12)
(Heading as in action)
To the bailiff ........................................................ :
Whereas in the above named action it was on the ................ day of
.................... 19........ adjudged (or ordered) that the defendant
C.D. do deliver to the plaintiff A.B. the following goods, namely
(describe the goods delivery of which has been adjudged or ordered) (and $
.............. damages) and $ ......................... costs (or costs
to be taxed, which costs have been taxed and allowed at $
......................... as appears by the certificate of the taxing officer
dated the ..................... day of ...................... 19
..............):
It is required that you cause the said goods to be delivered to A.B. and that
of the goods, chattels and other property of C.D. authorized by law to be
seized in execution you cause to be made the sums of $ .............. and $
........................ for costs of execution and also interest on $
........................................... at the rate of $4 per cent per
annum from the ..................... day of .................... 19..........
until payment together with bailiff's fees, costs of levying and all other
legal incidental expenses and that immediately after execution of this writ
you pay A.B. in pursuance of the
said judgment (or order) the amount levied in respect of the said sums
and interest.
And it is also required that you indorse (remainder as in No. 53).
Witness (as in No. 53).
This writ (as in No. 53). (L.N. 251 of 1997; L.N. 313 of 1997)
--------------------
No. 65
Writ of delivery: delivery of goods or value, damages, costs
(O. 45 r. 12)
(Heading as in action)
To the bailiff ..............................................................
:
Whereas in the above named action it was on the ..........................
day of ...................... 19 ................. adjudged (or ordered)
that the defendant C.D. do deliver to the plaintiff A.B. the following goods,
namely (describe the goods delivery of which has been adjudged or ordered) or
do pay him $ ................................ being the assessed value of the
said goods, (and $ ............... damages) and $
............... costs (or costs to be taxed, which costs have been taxed
and allowed at $ .................... as appears by the certificate of the
taxing officer dated the .................... day of ...................... 19
..............).
It is required that you cause the said goods to be delivered to A.B. and that
if possession of the said goods cannot be obtained by you you cause to be made
of the goods, chattels and other property of C.D. authorized by law to be
seized in execution $ ..................... the assessed value of the said
goods and pay it to A.B.
And it is also required you that of the said property of C.D. you cause to be
made the sums of $ ................ for (damages and) costs and $
.................. for costs of execution and also interest on $
............................. at the rate of $4 per cent per annum from the
.................. day of....................... 19 ....... until payment
together with bailiff's fees, costs of levying and all other legal incidental
expenses and that immediately after execution of this writ you
pay A.B. in pursuance of the said judgment (or order) the amount levied
in respect of the said sums and interest.
And it is also required that you indorse (remainder as in No. 53).
Witness (as in No. 53).
This writ (as in No. 53). (L.N. 251 of 1997; L.N. 313 of 1997)
--------------------
No. 66
Writ of possession
(O. 45 r. 12)
(Heading as in action)
To the bailiff
.................................................................. :
Whereas in the above named action it was on the ............... day of
.................. 19 .......... adjudged (or ordered) that the
defendant C.D. do give the plaintiff A.B. possession of (describe the land
delivery of which has been adjudged or ordered) and do pay him ($
...................... and) $ ................................. costs
(or costs to be taxed, which costs have been taxed and allowed at $
................. as appears by the taxing officer's certificate dated the
............ day of .................. 19 .........):
It is required that you enter the said land and cause A.B. to have possession
of it.
And it is also required that of the goods, chattels and other property
(remainder as in No. 53).
And it is also required that you indorse (as in No. 53).
Witness (as in No. 53).
This writ (as in No. 53). (L.N. 251 of 1997; L.N. 313 of 1997)
--------------------
No. 66A
Writ of Possession
(O. 113 r. 7)
[Heading as in summons]
To the bailiff ............................... :
Whereas it was on the ............. day of .................. 19
........ordered that the plaintiff A.B. do recover possession of [describe the
land recovery of which has been ordered] [and that the defendant C.D. do pay
him $ ....................... costs [or costs to be taxed, which costs have
been taxed and allowed at $ ........................... as appears by the
taxing master's certificate dated the .............. day of
...................... 19 ...........]]:
It is required that you enter the said land and cause A.B. to have possession
of it.
[And it is also required that of the goods, chattels and other property
[remainder as in No. 53].]
Witness (as in No. 53).
This writ (as in No. 53).
Dated this ..................... day of .................. 19 ..............
(L.N. 251 of 1997; L.N. 313 of 1997)
--------------------
No. 67
Writ of sequestration
(O. 45 r. 12)
(Heading as in cause or matter)
To (names of not less than four commissioners) :
Whereas in the above named action (or matter) in our High Court, Hong
Kong it was on the ................ day of .................... 19
............ adjudged (or ordered) that C.D. should (pay into Court the
sum of $ ..................... or as may be):
You are hereby authorized and directed by this writ that you, or any two or
three of you, may enter upon and take possession of all the real and personal
estate of the said C.D. and may collect, receive and get into your hands the
rents and profits of his real estate and all his personal estate and keep the
same under sequestration in your hands until the said C.D. shall (pay into
Court to the credit of the said action or matter the
sum of $................... or as may be) and clear his contempt and the
said Court make other order to the contrary.
Witness (as in No. 53).
This writ was issued (as in No. 53). (L.N. 251 of 1997; L.N. 313 of 1997; 25
of 1998 s. 2)
--------------------
No. 68
Writ of restitution
(O. 46 r. 1)
(Heading as in action)
To the bailiff
.................................................................. :
Whereas in the above named action it was on the .......................
day of ........................ 19 ......... adjudged (or ordered) that
the defendant C.D. do give the plaintiff A.B. possession of (describe the land
delivery of which was adjudged or ordered):
And whereas on the ............. day of .................. 19 ....... a
writ of possession was issued pursuant to the said judgment (or order)
directing you to give possession of the said land to the said A.B., but it
appearing to the High Court, Hong Kong that certain other persons have
wrongfully taken possession of the said land and the said Court having on the
.......................... day of ..................... 19 ........ ordered
that a writ of restitution should issue in respect of the said land:
It is required that you enter the said land and cause A.B. to have restitution
thereof.
And it is also required that you indorse (remainder as in No. 53).
Witness (as in No. 53).
This writ (as in No. 53). (L.N. 251 of 1997; L.N. 313 of 1997; 25 of 1998 s.
2)
--------------------
No. 69
Writ of assistance
(O. 46 r. 1)
(Heading as in action)
To the present and any future bailiff
......................................................................... :
Whereas by an order dated the .............. day of .................. 19
....... made in an action in the High Court, Hong Kong between A.B.,
plaintiff, and C.D., defendant, the said C.D. was ordered to give to the said
A.B. possession of the goods therein described, namely (describe the goods),
but he the said C.D. and other persons have refused to obey the order and keep
the possession of the goods in contempt of the said Court:
And whereas by an order made in the said action dated the ................ day
of .................. 19 ........ it was ordered that a writ of assistance
should issue to give the said A.B. possession of the said goods:
It is required that you put the said A.B. and his assigns into full peaceable
and quiet possession of the said goods and defend and keep him and his assigns
in such peaceable and quiet possession, when and as often as any interruption
thereof is at any time effected, according to the intent of the said orders.
And herein you are not in any wise to fail.
Witness (as in No. 53).
This writ (as in No. 53). (L.N. 165 of 1992; L.N. 251 of 1997; L.N. 313 of
1997; 25 of 1998 s. 2)
--------------------
No. 71
Notice of renewal of writ of execution
(O. 46 r. 8)
(Heading as in cause or matter)
Take notice that the writ of ........................ issued in this cause
(or matter) directed to the bailiff and bearing date the
...................... day of ................... 19 .......... has by order
dated the .................. day of ...................... 19 ......... been
renewed for one year beginning with the date of the said order.
To the bailiff.
(Signed)
Solicitor for ............................
--------------------
No. 72
Garnishee order to show cause
(O. 49 r. 1)
In the High Court of Hong Kong
19 ......, No. .........
(Mr. Justice ................ Judge in chambers)
Between A.B. Judgment creditor
AND
C.D. Judgment debtor
F.G. Garnishee
Upon reading the affidavit of ............................ filed the
............. day of ...................... 19 ............:
It is ordered by (Mr. Justice .......................... ) that all debts due
or accruing due from the above-mentioned garnishee to the above-mentioned
judgment debtor (in the sum of $ ...............) be attached to answer a
judgment recovered against the said judgment debtor by the above-named
judgment creditor in the High Court on the .......................... day of
................... 19 ......... for the
sum (or to answer an order made in the High Court on the .............
day of .................... 19 .........; ordering payment by the said
judgment debtor to the above-named judgment creditor of the sum) of $
................... (debt and $ ................. costs) (together with
the costs of the garnishee proceedings) on which judgment (or order) the
sum of $ ................... remains due and unpaid.
And it is ordered that the said garnishee attend Mr. Justice
.......................... in Chambers, at the High Court, in Hong Kong on the
.................... day of .................. 19 ....... at ..........
o'clock, on an application by the said judgment creditor that the garnishee do
pay to the said judgment creditor the debt due from the said garnishee to the
said judgment debtor, or so much thereof as may be
sufficient to satisfy the said judgment (or order), together with the
costs of the garnishee proceedings.
Dated the ................ day of ................. 19 ...........
To the above-named garnishee and judgment debtor. (L.N. 251 of 1997; L.N. 313
of 1997; 25 of 1998 s. 2)
--------------------
No. 73
Garnishee order absolute where garnishee owes more than judgment debt
(O. 49 rr. 1, 4)
(Heading as in No. 72)
Upon hearing the solicitors for the judgment creditor and the garnishee, and
upon reading the affidavit of ......................... filed herein, and the
order to show cause made herein dated the ................. day of
.................. 19 ........., whereby it was ordered that all debts due or
accruing due from the above-named garnishee to the above-named judgment
debtor should be attached to answer a judgment recovered against the said
judgment debtor by the above-named judgment creditor in the High Court on the
............... day of ...................... 19 ....... for the sum
(or to answer an order made in the High Court dated the
.................. day of ........................... 19 ........... ordering
payment by the said judgment debtor to the above-named judgment creditor of
the sum) of $ .................... (debt and $ .................... costs)
(together with the costs of the garnishee proceedings) on which judgment (or
order) the sum of $ ................... remained due and unpaid:
It is ordered that the said garnishee do forthwith pay to the said
judgment creditor $ .......... being so much of the debt from the said
garnishee to the said judgment debtor as is sufficient to satisfy the said
judgment debt and costs, together with $ .................. the costs of
the garnishee proceedings, and that the said garnishee be at liberty to retain
$ .................. for his costs of this application out of the balance of
the debt due from him to the judgment debtor.
Dated the ............. day of .................. 19 .......... (L.N. 251 of
1997; 25 of 1998 s. 2)
--------------------
No. 74
Garnishee order absolute where garnishee owes less than judgment debt
(O. 49 rr. 1, 4)
(Heading as in No. 72)
Upon hearing (as in No. 73).
It is ordered that the said garnishee (after deducting therefrom $
............... for his costs of this application) do forthwith pay to the
said judgment creditor $ ............... the debt due from the said garnishee
to the said judgment debtor. And that the sum of $ ..................... the
costs or the judgment creditor of this application be added to the judgment
debt and be retained out of the money recovered by the said judgment creditor
under this order and in priority to the amount of the judgment debt.
Dated the .............. day of ................... 19 ............... (L.N.
251 of 1997)
--------------------
No. 75
Charging order: notice to show cause
(O. 50, r. 1)
(Heading as in cause or matter)
Upon hearing the ............. and upon reading the affidavit of ...........
filed herein the .......... day of ................... 19 ....... whereby it
appears that by a judgment (or order) made in the Court of First Instance on
the ......... day of ................... 19 ........ the defendant was ordered
to pay to the plaintiff the sum of $ ................ and $
.................... costs on which judgment (or order) the sum of $
.................. remains due and unpaid and that the defendant has a
beneficial interest in the asset specified in the schedule hereto:
It is ordered by (Mr. Justice/Master ..........................) that unless
sufficient cause to the contrary be shown before (Mr. Justice/Master
........................ at the High Court of Hong Kong, 38 Queensway, Hong
Kong) on the ........... day of ................. 19 ......, at ..........
o'clock, the defendant's interest in the said asset shall, and it is ordered
that in the meantime it do, stand charged with the payment of $
....................... due on the said judgment (or order) and (interest
thereon at the statutory rate) together with the costs of this application.
Dated the ............ day of ...................... 19 .............
SCHEDULE
(Describe with full particulars the relevant land, securities, funds or trust,
stating, in relation to securities, their full title, the amount of them and
the name in which they stand and whether the beneficial interest charged is in
the securities only or in dividends or interest as well, and stating, in
relation to funds in court, the number of the account). (L.N. 251 of 1997; 25
of 1998 s. 2)
--------------------
No. 76
Charging order absolute
(O. 50, r. 3)
(Heading as in cause or matter)
Upon hearing the ................. and upon reading the affidavits of
.............. and ................ filed herein the ................ day of
....................... 19 ........... and the order to show cause made herein
on the .......... day of ................... 19 ..............:
It is ordered that the interest of the defendant C.D. in the asset specified
in the schedule hereto stand charged with the payment of $
..................., the amount due from the defendant to the plaintiff A.B.
on a judgment (or order) of the Court of First Instance dated the ............
day of .................. 19 .........., and (interest thereon at the
statutory rate) together with $ ............... the costs of this application,
the said costs to be added to the judgment debt.
Dated the ........... day of ................ 19 ...............
SCHEDULE
(Describe with full particulars the relevant land, securities, funds or trust,
stating, in relation to securities, their full title, the amount of them and
the name in which they stand and whether the beneficial interest charged is in
the securities only or in dividends or interest as well, and stating, in
relation to funds in court, the number of the account).
STOP NOTICE
To the (describe the person having custody of the security)
Take notice that, in relation to the securities specified in the schedule to
this order, you may not, without notice to (name of the plaintiff) at
(his address for service) register any transfer, or make any redemption
payment, or, in the case of a unit trust, deal with the units, or, where
dividends or interest are included in the order, pay any dividend or interest.
SCHEDULE (L.N. 251 of 1997; 25 of 1998 s. 2)
--------------------
No. 77 (Repealed L.N. 356 of 1988)
--------------------
No. 78 (Repealed L.N. 356 of 1988)
--------------------
No. 79
Stop order on capital and income of funds in court
(O. 50 r. 10)
(Heading as in cause or matter)
Upon hearing ................ for the plaintiff A.B. and .............. for
the defendant C.D. and upon reading the affidavit of ................... filed
herein the .......... day of ................... 19 .....:
It is ordered that no part of the capital of (describe funds) in court to the
credit of this action (or matter) (state title of action or matter), the
account of C.D., and of the sum of $ ........ cash (being income) in court to
the same credit, and of any interest or dividends to accrue due on the said
funds in court, to which the said C.D. is (or may become) entitled, be
transferred, sold, paid or otherwise dealt with without notice to the said
A.B.
Dated the ............. day of .................. 19 .......... (L.N. 251 of
1997)
--------------------
No. 80
Affidavit and notice under O. 50 r. 11
(O. 50 r. 11)
IN THE HIGH COURT OF HONG KONG
In the matter of (state the settlement or other document under which the
deponent's interest arises giving the date and other particulars sufficient to
identify the document).
and
In the matter of Order 50, rule 11, of the Rules of the High Court.
I, A.B. (or C.D. the solicitor of A.B.) of
...................................... make oath and say that according to
the best of my knowledge, information and belief I am (or the said A.B.
is) beneficially entitled under the above-mentioned settlement (or as
may be) to an interest in the securities specified in the notice hereto
annexed.
Sworn, etc. ......................
This affidavit is filed on behalf of A.B. whose address is
...............................................
Notice to be annexed to affidavit
To .......................... Co. Ltd.
Take notice that the securities comprised in and subject to the trusts of the
settlement (or as may be) referred to in the affidavit to which this notice is
annexed consist of the following, namely (specify the stock, shares, etc.
stating the names in which it stands).
This notice is intended to stop the transfer of the said securities and not
the payment of any dividend thereof or interest thereon (or and also the
payment of any dividend thereof or interest thereon).
(Signed) A.B. (or C.D. if affidavit
sworn by him).
(25 of 1998 s. 2)
--------------------
No. 81
Order on originating motion restraining transfer of stock, etc.
(O. 50 r. 15)
In the High Court of Hong Kong
19 ........, No. ...........
In the matter of the trusts of
...........................................................
and
In the matter of Order 50, rule 15, of the Rules of the High Court.
Upon the hearing of the originating motion for an injunction this day made
unto this Court by counsel for the applicant A.B.:
And the applicant by his counsel undertaking to abide by any order the Court
may hereafter make should it decide that the respondents (the
.................................. Co. Ltd.) have sustained damage by reason
of this order and are entitled to damages which the applicant ought to pay:
It is ordered that (the ......................... Co. Ltd.) be restrained
until the .................. day of ..................... 19 ........ or
further order from permitting the transfer of (describe stock) standing in the
name of (state name of holder of stock) in their books, or any part thereof,
and from paying any dividend or interest due or to become due thereon.
Dated the ............ day of ..................... 19 ............. (L.N. 251
of 1997; 25 of 1998 s. 2)
--------------------
No. 82
Summons for appointment of receiver
(O. 51 r. 3)
(Heading as in action)
Let the defendant C.D. attend the (Judge in chambers, at the High Court in
Hong Kong) on ...................... the ............ day of .................
19 ........ at ......... o'clock on the hearing of an application on the part
of the plaintiff for an order that a receiver be appointed (or that P.R. be
appointed receiver) in this action to receive the rents, profits and moneys
receivable in respect of the interest of the defendant C.D. in the following
property, namely (describe the property) in or towards satisfaction of the
moneys and interest due to the plaintiff
under the judgment (or order) in this action dated the ........ day of
.................. 19 ......... and for an order as to the costs of this
application.
Dated the ............... day of ................... 19 ............
This summons was taken out by ................. of ....................
To the above-named ......................... (and his solicitor). (L.N. 251 of
1997; L.N. 313 of 1997; 25 of 1998 s. 2)
--------------------
No. 83
Order directing summons for appointment of receiver and granting injunction
meanwhile
(O. 51 r. 3)
(Heading as in action)
Upon reading the affidavit of ....................................... filed
the ........................... day of .................. 19 ............:
Let the defendant C.D. attend the (Judge in chambers, at the High Court in
Hong Kong) on the .............. day of .................. 19 ...... at
........... o'clock on the hearing of an application on the part of the
plaintiff for the appointment of P.R. as receiver in this action, on the usual
terms, to receive the rents, profits and moneys receivable in respect of the
said defendant's interest in the following property, namely
(describe the property) in or towards satisfaction of the sum of $
.............. debt and $ ............. costs, and interest on the said sums
at the rate of $4 per cent per annum from the .......... day of
....................... 19 ....... due under the judgment (or order) in
this action dated the .......... day of ....................... 19 .......
And the plaintiff (by his solicitor) hereby undertaking to abide by any order
the Court may hereafter make should it decide that the said defendant has
sustained damage by reason of this order and is entitled to damages which the
plaintiff ought to pay, it is ordered that the said defendant by himself, his
agents or servants, or otherwise, be restrained, and an injunction is hereby
granted restraining him, until after the hearing of the above application,
from assigning, charging or otherwise dealing with the said property.
Dated the ....................... day of .................. 19...........
(L.N. 251 of 1997; L.N. 313 of 1997; 25 of 1998 s. 2)
--------------------
No. 84
Order appointing receiver by way of equitable execution
(O. 51 r. 1)
(Heading as in action)
Upon hearing .............................. and upon reading the affidavit of
.................... filed the ................. day of .....................
19 ...........:
(If security ordered) It is ordered that P.R. of ....................... on
first giving security to the satisfaction of the Court, be and is hereby
appointed to receive the rents, profits and moneys receivable in respect of
the above-named defendant's interest in the following property, namely
(describe the property).
(If no security ordered and receiver is not the plaintiff) The plaintiff being
answerable for the acts and defaults of the receiver, it is ordered that P.R.
of ................................... be and is hereby appointed to receive
(continue as above) but he shall not receive more than the amount of the
judgment debt and allowed costs of obtaining this order without leave of
the Court or first giving (at the plaintiff's cost unless otherwise ordered)
the usual security to the satisfaction of the Court.
(If no security ordered and receiver is the plaintiff: as above omitting "The
plaintiff being answerable for the acts and defaults of the receiver" and the
words after "the Court").
(In all cases continue as follows:-)
That this appointment shall be without prejudice to the rights of any prior
incumbrances upon the said property who may think proper to take possession of
or receive the same by virtue of their respective securities or, if any prior
incumbrances is in possession, then without prejudice to such possession.
And that the tenants of premises comprised in the said property do attorn and
pay their rents in arrear and growing rents to the receiver.
And that the receiver have liberty, if he shall think proper (but not
otherwise), out of the rents, profits and moneys to be received by him to keep
down the interest upon the prior incumbrances, according to their priorities,
and be allowed such payments, if any, in passing his accounts.
And that the receiver shall on the .............. day of .................. (3
months after the date of order), and at such further and other times as may be
ordered by the Court leave and pass his accounts, and shall on the
............... day of .................... (4 months after the date of order)
and at such further and other times as may be hereafter ordered by the Court
pay the balance or balances appearing due on the accounts so left, or such
part thereof as shall be certified as proper to be so paid, such sums to be
paid in or towards satisfaction of what shall for the time being be due in
respect of the judgment signed on the ............ day of .................
for the sum of $ ................ debt and $ ............... costs, making
together the sum of $ ...............
And that the costs of the receiver (including his remuneration), the costs of
obtaining his appointment, of completing his security (if any), of passing his
accounts and of obtaining his discharge shall not exceed ten per cent of the
amount due under the said judgment or the amount recovered by the receiver,
whichever is the less, provided that not less than ...................... be
allowed unless otherwise ordered. Such costs shall be taxed unless assessed by
the Court and shall be primarily payable out of the sums received by the
receiver, but if there shall be no sums received or the amount shall be
insufficient, then upon the certificate of the Court being given stating the
amount of the deficiency, such certificate to be given after passing the final
account, the amount of the deficiency so certified shall be paid by the
defendant to the plaintiff.
It is also ordered that the balance (if any) remaining in the hands of the
receiver, after making the several payments aforesaid, shall unless otherwise
directed by the Court forthwith be paid by the receiver into Court to the
credit of this action, subject to further order.
And that any of the parties be at liberty to apply to the Judge in chambers as
there may be occasion.
Dated the ............. day of ................. 19...... (L.N. 251 of 1997)
--------------------
No. 85
Order of committal
(O. 52 r. 1)
(Heading as in action)
Upon motion this day made unto this Court by counsel for the plaintiff and
upon reading (an affidavit of ........................ filed the
............... day of .............