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THE RULES OF THE HIGH COURT - APPENDIX A
FORMS
(Past version on 01/05/2005).
(Past version on 05/05/2000).
(Past version on 05/02/1999).
(Past version on 01/07/1997).
(Past version on 30/06/1997).
No. 1
Writ of Summons
(O. 6 r. 1)
(Hong Kong Coat of Arms)
IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
20 ......., No. ..............
Between A.B. Plaintiff
AND
C.D. Defendant
TO THE DEFENDANT (name)
...........................................................................
... of (address)
...........................................................................
.........................................
THIS WRIT OF SUMMONS has been issued against you by the above-named Plaintiff
in respect of the claim set out on the back.
Within (14 days) after the service of this Writ on you, counting the day of
service, you must either satisfy the claim or return to the Registry of the
High Court the accompanying ACKNOWLEDGMENT OF SERVICE stating therein whether
you intend to contest these proceedings or to make an admission.
If you fail to satisfy the claim or to return the Acknowledgment within the
time stated, or if you return the Acknowledgment without stating therein an
intention to contest the proceedings, the Plaintiff may proceed with
the action and judgment may be entered against you forthwith without further
notice.
*[If you intend to make an admission, you may complete an appropriate form
enclosed in accordance with the accompanying Directions for Acknowledgment of
Service.]
Issued from the Registry of the High Court this .......................... day
of .................... 20 ...... .
Note:-This Writ may not be served later than 12 calendar months beginning with
that date unless renewed by order of the Court.
IMPORTANT
Directions for Acknowledgment of Service are given with the accompanying form.
(Back of No. 1)
*[Statement of Claim]
The Plaintiff's claim is for
...........................................................................
.............
*Where words appear between square brackets delete if inapplicable.
*(Signed if statement of claim indorsed. A statement of claim must be verified
by a statement of truth in accordance with Order 41A of the Rules of the High
Court ( Cap 4 sub. leg. A).)
(Where the Plaintiff's claim is for a debt or liquidated demand only: If,
within the time for returning the Acknowledgment of Service, the Defendant
pays the amount claimed and $ ............. for costs, further proceedings
will be stayed. The money must be paid to the Plaintiff or his Solicitor.)
THIS WRIT was issued by
...........................................................................
........... of
...........................................................................
........................................................
Solicitors for the said Plaintiff whose address is
................................................................. *(or where
the Plaintiff sues in person.
THIS WRIT was issued by the said Plaintiff who resides at
.......................................
...........................................................................
............................................................ and (if the
Plaintiff does not reside within the jurisdiction) whose address for service
is ........
...........................................................................
..........................................................). (L.N. 251 of
1997; 25 of 1998 s. 2; L.N. 152 of 2008)
--------------------
No. 8
Originating summons-general form
(O. 7 r. 2)
IN THE HIGH COURT OF HONG KONG
COURT OF FIRST INSTANCE
19 ......., No. ..............
(IN THE MATTER OF .....................)
Between A.B. Plaintiff
AND
C.D. Defendant
To C.D. of
Let the defendant, within (14 days) after service of this summons on him,
counting the day of service, return the accompanying Acknowledgment of Service
to the Registry of the High Court.
By this summons, which is issued on the application of the plaintiff A.B. of
................, the plaintiff claims against the defendant
.................................. (or seeks the determination of the Court on
the following questions, namely,
................................................. or as may be).
If the defendant does not acknowledge service, such judgment may be given or
order made against or in relation to him as the Court may think just and
expedient.
Dated the ............... day of ......................... 19 ........
Note:-This summons may not be served later than 12 calendar months beginning
with the above date unless renewed by order of the Court.
This summons was taken out by
...........................................................................
of ...........................................................................
......................... solicitors for the said plaintiff
....................................................................... whose
address is as stated above (or where the plaintiff sues in person. This
summons was taken out by the said plaintiff who resides at the above-named
address or as may be and (if the plaintiff does not reside within the
jurisdiction) whose address for service is
...................................................................).
IMPORTANT
Directions for Acknowledgment of Service are given with the accompanying form.
(L.N. 251 of 1997; 25 of 1998 s. 2)
--------------------
No. 10
Originating summons-expedited form
(O. 7 r. 2 O. 29 r. 8A; O. 30 r. 9; O. 62 r. 11A; O. 73 rr. 2, 3 & 4; O. 100
r. 2; O. 115 rr. 2A, 3, 7 & 24)
IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
20 ......, No. ...........
(IN THE MATTER OF ...................)
Between A.B. Plaintiff
AND
C.D. Defendant
Let C.D. of ................................................ attend before the
Registrar (or Judge) in Chambers, at the High Court, Hong Kong, on
............................................................. day, the
................... day of ................................................
20.........., at ................. o'clock, (or, if no application has yet
been made for a day to be fixed, on a day to be fixed) on the hearing of an
application by the plaintiff A.B. of
................................................................ that
...........................................................................
......................................................
And let the defendant within (14 days) after service of this summons on him
counting the day of service, return the accompanying Acknowledgment of Service
to the Registry of the High Court.
Dated the ............... day of ......................... 20 ........
Note:-This summons may not be served later than 12 calendar months beginning
with the above date unless renewed by order of the Court.
This summons was taken out by ................. of
..................................... solicitors for the said plaintiff whose
address is as stated above (or where the plaintiff sues in person.
This summons was taken out by the said plaintiff who resides at
................................ and (if the plaintiff does not reside within
the jurisdiction) whose address for service is .........
...........................................................................
.............................................................)
Note:-If a defendant does not attend personally or by his counsel or solicitor
at the time and place above-mentioned such order will be made as the Court may
think just and expedient.
IMPORTANT
Directions for Acknowledgment of Service are given with the accompanying form.
(L.N. 251 of 1997; 25 of 1998 s. 2; L.N. 152 of 2008)
--------------------
No. 11
Ex parte originating summons
(O. 7 r. 2; O. 118 r. 4(1); O. 119 r. 4) 20 ......, No. ........... IN THE
HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION
In the matter of
...........................................................................
............................ Let all parties concerned attend before the Judge
in Chambers (or the master) at the High Court in Hong Kong, on
................................................................ day, the
.............. day of ................................................. 20
........, at ........ o'clock, on the hearing of an application by A.B. that
...........................................................................
........................ Dated the ............... day of
......................... 20 ........ This summons was taken out by
....................... of ....................................... solicitor
for the applicant whose address is
...........................................................................
......... (L.N. 313 of 1997; 25 of 1998 s. 2; L.N. 152 of 2008)
--------------------
No. 11A
Originating summons for possession
(O. 113 r. 2)
19 ......, No. ...........
IN THE COURT OF FIRST INSTANCE OF HONG KONG
(IN THE MATTER OF ...........................)
Between A.B. 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:- [insert here the
address of the Registry of the High Court] 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 28 days after the
time for acknowledging service of the Writ, unless in the meantime a summons
for judgment is served on the Defendant. If a Statement of Claim is not
indorsed on the Writ, the Defence must be filed and served within 28 days
after a Statement of Claim has been served on the Defendant. If the Defendant
fails to file and serve his defence within the appropriate time, the Plaintiff
may enter judgment against him without further notice. The Defendant's defence
must be verified by a statement of truth in accordance with Order 41A of the
Rules of the High Court ( Cap 4 sub. leg. A). 3. If the only remedy that the
Plaintiff is seeking is the payment of a liquidated amount of money or the
payment of an unliquidated amount of money, you may admit the Plaintiff's
claim in whole or in part by completing Form No. 16 or 16C (as the case may
require) accompanying the Writ of Summons. A completed Form No. 16 or 16C must
be filed with the Registry of the High Court and served on the Plaintiff [or
the Plaintiff's Solicitors] within the period for service of the Defence. 4. A
Defendant who wishes to dispute the jurisdiction of the Court of First
Instance in the proceedings or to argue that the Court of First Instance
should not exercise its jurisdiction in the proceedings, and wishes to apply
to the Court of First Instance for an order staying the proceedings, must give
notice of intention to defend the proceedings and make the application within
the time limited for service of a defence.
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 only remedy that the Plaintiff is seeking is the
payment of a liquidated amount of money or the payment of an unliquidated
amount of money, state whether the Defendant intends to make an admission
(tick appropriate box).
p yes p no
If yes, the Defendant may make the admission by completing Form No. 16 or 16C
(as the case may require) accompanying the Writ of Summons.
Where words 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; L.N. 129 of 2000; L.N. 152 of 2008)
--------------------
No. 15
Acknowledgment of Service of Originating Summons-for all cases other than
costs-only proceedings under section 52B of the High Court Ordinance
(O. 10 r. 5; O. 12 r. 3(1))
Directions for Acknowledgment of Service
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 of the following address:- [insert here the
address of the Registry of the High Court] 2. If the only remedy that the
Plaintiff is seeking is the payment of a liquidated amount of money or the
payment of an unliquidated amount of money, you may admit the Plaintiff's
claim in whole or in part by completing Form No. 16 or 16C (as the case may
require) accompanying the Originating Summons. A completed Form No. 16 or 16C
must be filed with the Registry of the High Court and served on the Plaintiff
[or the Plaintiff's Solicitors] within the period for filing of the
Defendant's affidavit evidence. 3. A Defendant who wishes to dispute the
jurisdiction of the Court of First Instance in the proceedings or to argue
that the Court of First Instance should not exercise its jurisdiction in the
proceedings, and wishes to apply to the Court of First Instance for an order
staying the proceedings, must give notice of intention to defend the
proceedings and make the application within the time limited for service of a
defence.
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
See Direction 2. 3. If the only remedy that the Plaintiff is seeking is the
payment of a liquidated amount of money or the payment of an unliquidated
amount of money, state whether the Defendant intends to make an admission
(tick appropriate box).
p yes p no
If yes, the Defendant may make the admission by completing Form No. 16 or 16C
(as the case may require) accompanying the Originating Summons. Where words
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;
L.N. 152 of 2008)
--------------------
No. 15A
Acknowledgment of Service of Originating Summons- for costs-only proceedings
under section 52B of the High Court Ordinance
(O. 10 r. 5; O. 12 r. 3(1); O. 62 r. 11A)
Directions for Acknowledgment of Service
The accompanying form of ACKNOWLEDGMENT OF SERVICE should be detached and
completed by a solicitor acting on behalf of the defendant or by the defendant
if acting in person. After completion it must be delivered or sent by post to
the Registry of the High Court of the following address-
[insert here the address of the Registry of the High Court]
See over for Notes for Guidance
[Back of page (1)]
Notes for Guidance
[As in No. 14 substituting "originating summons" for "writ of summons".]
(Heading as in No. 8 or 10 to be completed by plaintiff)
ACKNOWLEDGMENT OF SERVICE OF ORIGINATING SUMMONS
If you intend to instruct a solicitor to act for you, give him this form
IMMEDIATELY.
Important. Read the accompanying directions and notes for guidance
carefully before completing this form. If any information required is omitted
or given wrongly, THIS FORM MAY HAVE TO BE RETURNED.
See Notes 1, 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 liability for costs
(tick appropriate box)
p yes p no
3. State whether the defendant intends to contest the amount of those costs
(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
state his residence OR, if he does not reside in Hong Kong, he must state an
address in Hong Kong to which communications for him should be sent. In the
case of a limited company, "residence" (居所) means its registered or
principal office.
(Back of page (1))
Indorsement by plaintiff's solicitors (or by plaintiff if suing in person) of
his name, address and reference, if any. (L.N. 152 of 2008)
--------------------
No. 16
Admission (liquidated amount)
(O. 13A rr. 4(2), 5(2) & 13(2))
(Heading as in action)
Explanatory Note 1. The only claim the plaintiff has made against you is for a
liquidated amount of money. You may admit the plaintiff's claim in whole or in
part by completing this form-
(a) within the period for service of your defence if you have been served
with a writ; or
(b) the period for filing of your affidavit evidence if you have been
served with an originating summons; or
(c) within 14 days after service of the originating process in any other
case. 2. If you have made an admission, you may only be allowed to
amend or withdraw your admission if the Court considers it just to do
so. 3. If you do not ask for time to pay, the plaintiff will decide
how much and when you should pay. 4. If you ask for time to pay, the
plaintiff will decide whether or not to accept your proposal for
payment. 5. If the plaintiff accepts your proposal for payment, the
plaintiff may, within 14 days after the copy of your admission is
served on him, request the Court to enter judgment against you. 6. If
the plaintiff does not accept your proposal for payment, the Court
will decide how the payment should be made after considering-
(a) the information set out in this form;
(b) the reasons why the plaintiff does not accept your proposal for
payment; and
(c) all other relevant matters. 7. The completed form should be filed in
the Registry of the High Court.
How to fill in this form ‧ Tick the correct boxes and give as much
information as you can. Then sign and date the form. If necessary provide
details on a separate sheet, add the action number and attach it to this form.
‧ If you do not ask for time to pay, you need not complete items 2 to 9 and
11 to 14. ‧ If you ask for time to pay, make your offer of payment in item
14. ‧ If you are not an individual, you need not complete items 1 to 9 but
you should complete items 10 to 12 and ensure that you comply with the
requirement specified in item 13 and provide sufficient details about the
assets and liabilities of your firm, company or corporation to support any
offer of payment made in item 14. ‧ If you are an individual, you need not
complete items 10 to 12 and need not comply with the requirement specified in
item 13. ‧ You can get help to complete this form at the Registry of the
High Court.
How much of the claim do you admit?
□ I admit the full amount claimed as shown on the statement of claim or □
I admit the amount of $
1. Personal details Surname
Forename
□ Mr □ Mrs □ Miss □ Ms
Address
2. Dependants (people you look after financially)
(give details)
3. Employment □ I am employed as a
My employer is
Jobs other than main job
(give details)
□ I am self employed as a
Annual turnover is $
□ I am not in arrears with my mandatory provident fund contributions and
income tax □ I am in arrears and I owe $
Give details of:
(a) contracts and other work in hand
(b) any sums due for work done
□ I have been unemployed for years months
□ I am a pensioner
4. Bank account and savings (please list all)
Bank account In credit by
$ Overdrawn by
$
5. Residence I live in □ my own flat □ my jointly owned flat □ public
housing estate □ rented private flat □ others (please specify)
6. Income
My usual take-home pay (including overtime, commission, bonuses, etc.) $ per
month
My pension(s) $ per month
Others living in my home give me $ per month
Other income (give details below)
$ per month
$ per month
$ per month
Total income $ per month
7. Other assets (please list and indicate their location)
8. Expenses
(Do not include any payments made by other members of the
household out of their own income)
I have regular expenses as follows:
Mortgage (including second mortgage) $ per month
Rent $ per month
Rates and government rent $ per month
Management fees $ per month
Domestic helper's salary $ per month
Gas $ per month
Electricity $ per month
Water charges $ per month
Telephone charges $ per month
Housekeeping, food, school meals $ per month
Travelling expenses $ per month
Children's clothing $ per month
Tuition fees $ per month
Maintenance payments $ per month
Court orders $ per month
Others
$ per month
$ per month
$ per month
Total expenses $ per month
9. Liabilities
(This section is for arrears only. Do not include regular expenses
listed in item 8.)
Rent arrears $
Mortgage arrears $
Rates and government rent arrears $
Water charges arrears $
Fuel debts: Gas $
Electricity $
Others $
Maintenance arrears $
Loans and credit card debts (please list)
$
Others (give details below)
$
$
Total liabilities $
10. Firm, company or corporation
Name Address
Tel. no.
11. Assets of firm, company or corporation (please list)
Property, plant and equipment $
Inventories $
Goodwill and other intangible assets $
Loans and receivables $
Bank balances and cash $
Others $
Total $
12. Liabilities of firm, company or corporation (please list)
Trade payables $
Tax payables $
Other payables $
Bank loans $
Other borrowings $
Others $
Total $
13. Attach to this form a copy of the latest audited profit and loss account
and balance sheet of the firm, company or corporation
14. Offer of payment
□ I can pay the amount admitted on
or
□ I can pay by [weekly/monthly etc.] instalments of $
Starting (date)
If you cannot pay immediately, please give brief reasons below:
15. Declaration I ____________________________ declare that the details I have
given above and in the attached sheet(s) (if any) are true to the best of my
knowledge
And I make this solemn declaration conscientiously believing the same to be
true and by virtue of the Oaths and Declaration Ordinance ( Cap 11)
Signed Position or office held
(If signing on behalf of a firm,
company or corporation)
With company chop
(if applicable)
Declared at ______________________________ in Hong Kong on ________________ of
20 _____.
Before me,
[Signature and designation, i.e., Justice of the Peace/Notary
Public/Commissioner for Oaths.]
Note — Under section 36 of the Crimes Ordinance ( Cap 200), a person who
knowingly and wilfully makes a statement false in a material particular in a
declaration or other document which he is authorized or required to make by an
enactment is guilty of an offence. — A defendant who is an individual must
sign personally. A director of a company must obtain leave to represent the
company from a Practice Master before he may sign on behalf of the company.
— If a plaintiff does not file a request for judgment within 14 days after
this form is served on him, his claim is stayed until he files the request.
(L.N. 152 of 2008)
——————
No. 16A
Request for judgment (admission of liquidated amount)
(O. 13A rr. 4(3), 9(4) & 10(2))
(Heading as in action)
‧ Remember to sign and date the form. Your signature certifies that the
information you have given is correct. ‧ Return the completed form to
the Court. ‧ The completed form should be filed in the Registry of the High
Court.
___________________________________________________________________________
______________ A The defendant has admitted the whole of my claim Tick only
one box below and follow the instructions given.
□ I accept the defendant's proposal for payment Enclose a draft judgment for
approval. The Court will enter judgment in accordance with the defendant's
proposal.
□ The defendant has not made any proposal for payment Enclose a draft
judgment for approval. You can ask for the judgment to be paid by instalments
or in one payment.
□ I DO NOT accept the defendant's proposal for payment Enclose a draft
judgment for approval. You can say how you want the defendant to pay. Give
your reasons for objecting to the defendant's offer of payment. (Continue on
the back of this form if necessary.) Note:— The Court will notify you and
the defendant of its judgment.
___________________________________________________________________________
______________ I certify that the information given is correct
Signed Position or office held
(If signing on behalf of a firm,
(Plaintiff) (Plaintiff's solicitor) (next friend)
company or corporation)
Date With company chop
(if applicable) (L.N. 152 of 2008)
——————
No. 16B
Reply to part admission of liquidated amount and Request for judgment
(O. 13A rr. 5(3) & (5), 9(4) & 10(2))
(Heading as in action)
‧ Please tell the Court what you wish to do by completing the lower half of
this form and filing it in the Registry of the High Court within 14 days after
the copy of the defendant's admission is served on you.
At the same time you must serve a copy on the defendant. If you do not file
this form in the Registry of the High Court within the prescribed period, your
claim will be stayed. No further action will be taken by the Court until the
form is received. ‧ You must tick box A or B. ‧ Remember to sign and date
the notice.
___________________________________________________________________________
______________ A □ I DO NOT accept the defendant's part admission If you
tick box A the claim will proceed as a defended claim. B □ I ACCEPT the
amount admitted by the defendant in satisfaction of my whole claim Tick only
one box and follow the instructions given. □ I accept the defendant's
proposal for payment Enclose a draft judgment for approval. The Court will
enter judgment in accordance with the offer. □ The defendant has not made
any proposal for payment Enclose a draft judgment for approval. You can ask
for the judgment to be paid by instalments or in one payment. □ I DO NOT
accept the defendant's proposal for payment Enclose a draft judgment for
approval. You can say how you want the defendant to pay. Give your reasons for
objecting to the defendant's offer of payment. (Continue on the back of this
form if necessary.) Note:— The Court will notify you and the defendant of
its judgment.
___________________________________________________________________________
______________ I certify that the information given is correct
Signed Position or office held
(If signing on behalf of a firm,
(Plaintiff) (Plaintiff's solicitor) (next friend)
company or corporation)
Date With company chop
(if applicable) (L.N. 152 of 2008)
——————
No. 16C
Admission (unliquidated amount)
(O. 13A rr. 6(2), 7(2) & 13(2))
(Heading as in action)
Explanatory Note 1. The only claim the plaintiff has made against you is for
an unliquidated amount of money. You may admit the plaintiff's claim in whole
or in part by completing this form-
(a) within the period for service of your defence if you have been served
with a writ; or
(b) the period for filing of your affidavit evidence if you have been
served with an originating summons; or
(c) within 14 days after service of the originating process in any other
case. 2. If you have made an admission, you may only be allowed to
amend or withdraw your admission if the Court considers it just to do
so. 3. You may offer a specified amount to satisfy the claim. If the
amount you offer is accepted by the plaintiff, the plaintiff may
request the Court to enter judgment against you for that amount.
Alternatively, the plaintiff may request the Court to enter judgment
against you for an amount to be decided by the Court and costs. 4. You
may also ask for time to pay. If the plaintiff does not accept your
proposal for payment, the Court will decide how the payment should be
made after considering-
(a) the information set out in this form;
(b) the reasons why the plaintiff does not accept your proposal for
payment; and
(c) all other relevant matters. 5. The completed form should be filed in
the Registry of the High Court.
How to fill in this form ‧ Tick the correct boxes and give as much
information as you can. Then sign and date the form. If necessary provide
details on a separate sheet, add the action number and attach it to this form.
‧ If you do not ask for time to pay, you need not complete items 2 to 9 and
11 and 12. ‧ If you are not an individual, you need not complete items 1 to
9 but you should complete items 10 to 12 and ensure that you comply with the
requirement specified in item 13 and provide sufficient details about the
assets and liabilities of your firm, company or corporation to support any
offer of payment made. ‧ If you are an individual, you need not complete
items 10 to 12 and need not comply with the requirement specified in item 13.
‧ You can get help to complete this form at the Registry of the High Court.
Part A Response to claim (tick one box only)
□ I admit liability for the whole claim but want the Court to decide the
amount I should pay (if you tick this box, you need not complete Part B and
items 2 to 9, 11 and 12 and need not comply with the requirement specified in
item 13) OR
□ I admit liability for the claim and offer to pay in satisfaction of the
claim
Part B How are you going to pay the amount you have admitted? (tick one box
only) □ I offer to pay on (date) OR □ I cannot pay the amount immediately
because (state reason)
AND I offer to pay by instalments of per (week)(month) starting (date)
1. Personal details Surname
Forename
□ Mr □ Mrs □ Miss □ Ms
Address
2. Dependants (people you look after financially)
(give details)
3. Employment □ I am employed as a
My employer is
Jobs other than main job
(give details)
□ I am self employed as a
Annual turnover is $
□ I am not in arrears with my mandatory provident fund contributions and
income tax □ I am in arrears and I owe $
Give details of:
(a) contracts and other work in hand
(b) any sums due for work done
□ I have been unemployed for years months
□ I am a pensioner
4. Bank account and savings (please list all)
Bank account In credit by
$ Overdrawn by
$
5. Residence I live in □ my own flat □ my jointly owned flat □ public
housing estate □ rented private flat □ others (please specify)
6. Income
My usual take-home pay (including overtime, commission, bonuses, etc.) $ per
month
My pension(s) $ per month
Others living in my home give me $ per month
Other income (give details below)
$ per month
$ per month
$ per month
Total income $ per month
7. Other assets (please list and indicate their location)
8. Expenses
(Do not include any payments made by other members of the
household out of their own income)
I have regular expenses as follows:
Mortgage (including second mortgage) $ per month
Rent $ per month
Rates and government rent $ per month
Management fees $ per month
Domestic helper's salary $ per month
Gas $ per month
Electricity $ per month
Water charges $ per month
Telephone charges $ per month
Housekeeping, food, school meals $ per month
Travelling expenses $ per month
Children's clothing $ per month
Tuition fees $ per month
Maintenance payments $ per month
Court orders $ per month
Others
$ per month
$ per month
$ per month
Total expenses $ per month
9. Liabilities
(This section is for arrears only. Do not include regular expenses
listed in item 8.)
Rent arrears $
Mortgage arrears $
Rates and government rent arrears $
Water charges arrears $
Fuel debts: Gas $
Electricity $
Others $
Maintenance arrears $
Loans and credit card debts (please list)
$
Others (give details below)
$
$
Total liabilities $
10. Firm, company or corporation
Name
Address
Tel. no.
11. Assets of firm, company or corporation (please list)
Property, plant and equipment $
Inventories $
Goodwill and other intangible assets $
Loans and receivables $
Bank balances and cash $
Others $
Total $
12. Liabilities of firm, company or corporation (please list)
Trade payables $
Tax payables $
Other payables $
Bank loans $
Other borrowings $
Others $
Total $
13. Attach to this form a copy of the latest audited profit and loss account
and balance sheet of the firm, company or corporation
14. Declaration I ____________________________ declare that the details I have
given above and in the attached sheet(s) (if any) are true to the best of my
knowledge
And I make this solemn declaration conscientiously believing the same to be
true and by virtue of the Oaths and Declaration Ordinance ( Cap 11)
Signed
Position or office held
(If signing on behalf of a firm,
company or corporation)
With company chop
(if applicable)
Declared at ______________________________ in Hong Kong on ________________ of
20 _____.
Before me,
[Signature and designation, i.e., Justice of the Peace/Notary
Public/Commissioner for Oaths.]
Note — Under section 36 of the Crimes Ordinance ( Cap 200), a person who
knowingly and wilfully makes a statement false in a material particular in a
declaration or other document which he is authorized or required to make by an
enactment is guilty of an offence. — A defendant who is an individual must
sign personally. A director of a company must obtain leave to represent the
company from a Practice Master before he may sign on behalf of the company.
— If a plaintiff does not file a request for judgment within 14 days after
this form is served on him, his claim is stayed until he files the request.
(L.N. 152 of 2008)
——————
No. 16D
Request for judgment (admission of unliquidated amount)
(O. 13A r. 6(3))
(Heading as in action)
The defendant has admitted liability to pay the whole of my claim but has not
made any proposal for payment.
I request judgment to be entered against the defendant for an amount to be
decided by the Court and costs. [Enclose a draft judgment for approval]
Signed Position or office held
(If signing on behalf of a firm,
(Plaintiff) (Plaintiff's solicitor) (next friend)
company or corporation)
Date With company chop
(if applicable)
‧ The completed form should be filed in the Registry of the High Court.
(L.N. 152 of 2008)
——————
No. 16E
Reply to admission of unliquidated amount and Request for judgment
(O. 13A rr. 7(3), (5) & (9), 9(4) & 10(2))
(Heading as in action)
___________________________________________________________________________
______________ Important notes for plaintiff
‧ You must tick either item A or complete item B and file the form in the
Registry of the High Court within 14 days after the copy of the defendant's
admission is sent to you.
At the same time you must send a copy to the defendant. If you do not return
the form within the prescribed period, your claim will be stayed. No further
action will be taken by the Court until the form is received. ‧ Remember to
sign and date the notice.
___________________________________________________________________________
______________ A □ I DO NOT accept the amount offered by the defendant in
satisfaction of my claim. I wish judgment to be entered for an amount to be
decided by the Court. The Court will give directions for management of the
case. B □ I ACCEPT the amount admitted by the defendant in satisfaction of
my claim Tick only one box and follow the instructions given. □ I accept the
defendant's proposal for payment Enclose a draft judgment for approval.
The Court will enter judgment in accordance with the offer. □ I DO NOT
accept the defendant's proposal for payment Enclose a draft judgment for
approval. You can say how you want the defendant to pay. Give your reasons for
objecting to the defendant's offer of payment. (Continue on the back of this
form if necessary.) Note: — The Court will notify you and the defendant of
its judgment.
___________________________________________________________________________
______________ I certify that the information given is correct
Signed Position or office held
(If signing on behalf of a firm,
(Plaintiff) (Plaintiff's solicitor) (next friend)
company or corporation)
Date With company chop
(if applicable) (L.N. 152 of 2008)
--------------------
No. 17
Notice to be indorsed on copy of counterclaim
(O. 15 r. 3(6))
To X. Y.
1. 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. 2. If the only remedy that the counterclaiming
plaintiff is seeking is the payment of a liquidated amount of money or the
payment of an unliquidated amount of money, you may admit the counterclaiming
plaintiff's claim in whole or in part by completing Form No. 16 or 16C (as the
case may require) accompanying the counterclaim. A completed Form No. 16 or
16C must be filed with the Registry of the High Court and served on the
counterclaiming plaintiff [or the counterclaiming plaintiff's solicitors]
within the period for service of the defence to counterclaim.
IMPORTANT
Directions for Acknowledgment of Service are given with the accompanying form.
(L.N. 251 of 1997; L.N. 152 of 2008)
--------------------
No. 20
Third party notice claiming contribution or indemnity or other relief or
remedy
(O. 16)
19 ......., No. ..............
IN THE HIGH COURT OF HONG KONG
COURT OF FIRST INSTANCE
Between A.B. Plaintiff
AND
C.D. Defendant
AND
T.P.
Third Party Third Party Notice
[Issued pursuant to the order of ...................... dated the
........................................ day of
................................]. To T.P. of
........................................ in the
............................................................ of
...........................................................................
........................................................ Take notice that this
action has been brought by the plaintiff against the defendant. In it the
plaintiff claims against the defendant [here state the nature of the
plaintiff's claim] as appears from the writ of summons [or
originating summons] a copy whereof is served herewith [together with a copy
of the statement of claim]. The defendant claims against you [here state the
nature of the claim against the third party as for instance] to be indemnified
against the plaintiff's claim and the costs of this action or contribution to
the extent of [one half] of the plaintiff's claim or the following relief or
remedy namely .............................................. on the grounds
that (state the grounds of the claim). And take notice that within [14 days]
after service of this notice on you, counting the day of service, you must
acknowledge service and state in your acknowledgment whether you intend to
contest the proceedings. If you fail to do so, or if your acknowledgment does
not state your intention to contest the proceedings, you will be deemed to
admit the plaintiff's claim against the defendant and the defendant's claim
against you and your liability to [indemnify the defendant or to contribute to
the extent claimed or to ......................... stating the relief for
remedy sought] and will be bound by any judgement or decision given in the
action, and the judgement may be enforced against you in accordance with Order
16 of the Rules of the High Court Chapter 4.
Dated the ............... day of ......................... 19 ........
(Signed) ..............................................................
Solicitor for the defendant.
IMPORTANT
Directions for Acknowledgment of Service are given with the accompanying form.
(L.N. 251 of 1997; 25 of 1998 s. 2)
_____________
No. 21
Third party notice where question or Issue to be determined
(O. 16)
[Title etc. as in No. 20 down to end of first paragraph]
The defendant requires that the following question or issue, viz. [here state
the question or issue required to be determined] should be determined not only
as between the plaintiff and the defendant but also as between either or both
of them and yourself.
And take notice that [as in No. 20 down to the words "intention to contest the
proceedings"] you will be bound by any judgment or decision in the action so
far as it is relevant to the said question or issue, and the judgment may be
enforced against you in accordance with Order 16 of the Rules of the High
Court Chapter 4.
Dated the ............... day of ......................... 19 ........
(Signed) ..............................................................
Solicitor for the defendant.
IMPORTANT
Directions for Acknowledgment of Service are given with the accompanying form.
(L.N. 251 of 1997; 25 of 1998 s. 2)
--------------------
No. 23
Notice of sanctioned payment
(O. 22 r. 8(2))
(Heading as in action)
To the plaintiff('s solicitor) and to the Director of Legal Aid (if
applicable)
___________________________________________________________________
Take notice that the defendant(s) _____________________ has/have paid
$___________________ (a further amount of $ _____________________) into court
in settlement of-
(tick as appropriate) □ the whole of your claim □ part of your claim (give
details below) □ a certain issue or certain issues arising from your claim
(give details below)
The (part)(issue or issues) to which it relates is (are): (give details) □
It is in addition to the amount of $ __________________ already paid into
court on ___________________ and the total amount in court now offered in
settlement is $____________________ (give total of all payments in court to
date) □ It is not inclusive of interest and an additional amount of $
___________________ is offered for interest (give details of the rate(s) and
period(s) for which the amount of interest is offered ) □ It takes into
account all (part) of the following counterclaim or set off: (give details of
the party and the part of the counterclaim to which the payment relates) □
It takes into account the interim payment(s) made in the following amount(s)
on the following date(s): (give details) □ It takes into account the
following sum(s) of money that has (have) been paid into court: (give details)
□ It is part of the terms of a sanctioned offer set out in (identify the
document). If you give notice of acceptance of this sanctioned payment, you
will be treated as also accepting the sanctioned offer.
Note:-This notice will need to be modified where an offer of provisional
damages is made (Order 22, rule 11).
Signed Position or office held
(If signing on behalf of a firm,
Defendant('s solicitor) company or corporation)
Date With company chop
(if applicable)
Note: To the plaintiff
If you wish to accept the payment made into court and the Court's leave for
acceptance is not required, you should complete Form No. 24, send it to the
defendant and file a copy in the Registry of the High Court. (L.N. 152 of
2008)
--------------------
No. 24
Notice of acceptance of sanctioned payment
(O. 22 r. 15(4))
(Heading as in action)
To the defendant('s solicitor) and to the Director of Legal Aid (if
applicable)
___________________________________________________________________________ __
Take notice that the plaintiff accepts the payment(s) into court totalling $
_____________________ in settlement of (the whole of)(part of)(certain
issue(s) arising from) *the plaintiff's claim as set out in the notice of
sanctioned payment received on ____________________________ (and abandons the
other part(s) of or issue(s) arising from the plaintiff's claim).
Signed Position or office held
(If signing on behalf of a firm,
Plaintiff('s solicitor) company or corporation)
Date With company chop
(if applicable)
* Delete as appropriate (L.N. 152 of 2008)
--------------------
No. 25
Notice of request for payment
(O. 22 r. 17)
(Heading as in action)
On ____________________ I accepted the payment(s) into court totalling $
__________________ in settlement of (the whole of)(part of)(certain issue(s)
arising from) *my claim as set out in the notice of sanctioned payment
received on _______________________ (and abandoned the other part(s) of or
issue(s) arising from my claim).*
I declare that: □ the sanctioned payment has been accepted [within 28
days][after 28 days but costs have been agreed][less than 28 days before trial
but costs have been agreed]* □ the payment into court was not made with a
defence of tender □ the offeree is not a person under disability □ [at no
time has the offeree been on legal aid in these proceedings][the offeree has
been on legal aid]* □ there is no pending application to withdraw or
diminish the sanctioned payment □ [there is only 1 defendant][the
sanctioned payment is made by all defendants][I have discontinued my claim
against those defendants who have not made the sanctioned payment and they
have given written consent to the acceptance of the sanctioned payment]* □
[my claim does not include a claim for provisional damages][my claim for
provisional damages has been disposed of under Order 37, rule 8]* (If any of
the above declarations has not been made, the money in court can only be paid
out by order of the Court) □ a copy of this notice has been served on the
defendant('s solicitor) named below and I request payment of this money held
in court to be made to:
Plaintiff or solicitor's full name/Director of Legal Aid*
Address and telephone number
Signature Note: Before signing this form please read the notes for guidance
overleaf. Incorrectly signed forms may be returned unactioned.
DETAILS OF PLAINTIFF'S SOLICITOR
Defendant or solicitor's full name/Director of Legal Aid*
Address and telephone number
Signature Note: The plaintiff('s solicitor) should obtain the signature of the
defendant('s solicitor) on the box below before serving a copy of this notice
on him
DETAILS OF DEFENDANT'S SOLICITOR
* Delete as appropriate
Notes for guidance on completion of Form No. 25
In order to request payment out of funds in court, file this form, signed and
completed in accordance with these notes for guidance in the Registry of the
High Court. A copy of this form should also be sent to the defendant('s
solicitors). ‧ When completing this form, please ensure that you tick all of
the boxes under the heading: 'I declare that'. If you do not tick all of the
boxes, the Registry of the High Court will not be able to process your request
for payment and will have to return the form to you. ‧ The form should be
signed either by the plaintiff or his solicitor. ‧ The Accounts Office of
the High Court will only issue payment upon receipt of a properly completed
Form No. 25 with an original signature. Faxed copies of the form and
photocopies of signatures will not be accepted and will be returned to sender.
(L.N. 152 of 2008) --------------------
No. 25A
Notice of payment into court under order or certificate
(O. 22 r. 27(1))
(Heading as in action)
Take notice that the plaintiff/defendant _____________________ has paid
$________________ into court in compliance with the order/certificate of
__________________ dated __________________.
Signed Position or office held
(If signing on behalf of a firm,
Plaintiff/Defendant('s solicitor) company or corporation)
Date With company chop
(if applicable)
___________________________________________________________________________
_____ Solicitors' certificate
We certify that-
(a) the payment is made within time.
*(b) there is no direction in the order for investment of the money.
*(c) the Court has directed that the money be invested in the following
manner-
Signed Date
SOLICITOR'S DETAILS
Name of firm
Solicitor for
* Delete as appropriate (L.N. 152 of 2008) --------------------
No. 26
List of Documents
(O. 24 r. 5)
(Heading as in cause or matter)
List of documents
The following is a list of the documents relating to the matters in question
in this action which are or have been in the possession, custody or power of
the above-named plaintiff (or defendant) A.B. and which is served in
compliance with Order 24, rule 2 (or the order herein dated the ...........
day of ......................... 19 ...........). 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. 27A
Notice of application for leave to institute or continue proceedings in court
(O. 32A r. 2)
No. ..............
IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
Applicant
Notice of application for leave to
institute or continue proceedings
in court (O. 32A r. 2)
To the Registrar, High Court, Hong Kong. Name and address of applicant Title
and reference number of the proceedings in which the order under section 27(1)
of the High Court Ordinance ( Cap 4) was made Order sought Previous
applications for leave which the applicant has made under section 27 of the
High Court Ordinance ( Cap 4), and the results of those applications Signed
Dated
Grounds on which leave is sought
Note:-Grounds must be supported by the affidavit evidence on which the
applicant relies in support of his application. (L.N. 152 of 2008)
--------------------
No. 28
Writ of subpoena
(O. 38 r. 14)
(Heading as in cause or matter)
To (names of witnesses).
You are required to attend (at the High Court in Hong Kong at the sittings of
our High Court) on the day fixed for the trial of the above-named cause,
notice of which will be given to you, and from day to day thereafter until the
end of the trial, to give evidence on behalf of the
(plaintiff) or (defendant)*.
Witness
...........................................................................
... Chief Justice of Hong Kong the ................. day of
............................ 19 ........
Issued on the .................... day of
.............................................................. 19 ........ by
.................................. solicitor for the
.........................................................................
*If duces tecum add: And it is also required to bring with you and produce at
the place aforesaid on the day notified to you (here describe the documents or
things to be produced). (L.N. 251 of 1997; L.N. 313 of 1997; 25 of 1998 s. 2)
--------------------
No. 29
Writ of subpoena: proceedings in chambers
(O. 38 r. 14)
(Heading as in cause or matter)
To (names of witnesses).
You are required to attend before (Mr. Justice
.........................................................) in chambers, at the
High Court in Hong Kong on
............................................................... day the
........................ day of
.......................................................................... 19
......... at ...................................................... and so
from day to day until your evidence shall have been taken, to give evidence on
behalf of the (plaintiff) or (defendant) in the above-named cause (and it is
also required to bring with you and produce at the time and place aforesaid
describe the documents or things to be produced).
Witness (as in No. 28).
Issued (as in No. 28). (L.N. 251 of 1997; L.N. 313 of 1997; 25 of 1998 s. 2)
--------------------
No. 31
Summons for examination within jurisdiction of witness before trial
(O. 39 r. 1)
(Heading as in cause or matter)
Let all parties concerned attend the Judge (or Registrar) in chambers at the
High Court in Hong Kong on ................ the .............................
day of ......................................... 19 ...... at
..................... o'clock on the hearing of an application on the part of
........................ ............................................. that
A.B. a witness on behalf of the .................................... be
examined forthwith before a Judge, [the Registrar] or one of the examiners of
the Court (or an examiner to be agreed upon) upon the usual terms, and that
the costs of this application be (costs in the cause).
Dated the ............... day of ......................... 19 ........
This summons was taken out by
...........................................................................
of ...................................... solicitor for the
.........................................................................
To the above-named ............................... (and
................................................ his solicitor). (L.N. 313 of
1997; 25 of 1998 s. 2)
--------------------
No. 32
Order for examination within jurisdiction of witness before trial
(O. 39 r. 1)
(Heading as in cause or matter)
On hearing (the solicitors on both sides) and on reading the affidavit of
....................... filed herein the .............. day of
............................ 19 .........
It is ordered that
............................................................... a witness on
behalf of the ....................................................... be
examined viva voce on oath or affirmation before a Judge, the Registrar or one
of the examiners of the Court (or ..................................... Esq.,
the examiner agreed upon or an examiner to be agreed upon), the plaintiff's
(or defendant's) solicitor giving to the defendant's (or plaintiff's)
solicitor .......................................... days' notice in writing
of the time and place where the examination is to take place (or state the
time and place if fixed by the order). And it is ordered that the depositions
taken at the examination be filed in the Registry of the High Court, and that
office copies thereof may be read and given in evidence on the trial of this
cause, saving all just exceptions, without any further proof of the absence of
the said witness than the affidavit of the solicitor of the party using the
same, as to his belief, and that the costs of this application (and of the
examination) be (costs in the cause).
Dated the ............... day of ......................... 19 ........ (L.N.
251 of 1997; 25 of 1998 s. 2)
--------------------
No. 33
Summons for issue of letter of request to judicial authority out of
jurisdiction
(O. 39 r. 2)
(Heading as in cause or matter)
Let all parties (as in No. 31) on the hearing of an application on the part of
......................................................... for an order that a
letter of request shall issue to the proper judicial authority of
.......................... for the examination of E.F. and G.H. and other
witnesses on the plaintiff's (or the defendant's) behalf at
.............................................. in (name of country), and that
the action be stayed until the return of the said letter of request and
examination, and that the costs of and incidental to this application and the
said letter of request and examination be costs in the cause.
Dated, etc. (conclude as in No. 31).
--------------------
No. 34
Order for issue of letter of request to judicial authority out of jurisdiction
(O. 39 r. 2)
(Heading as in cause or matter)
On hearing (as in No. 32).
It is ordered that a letter of request do issue directed to the proper
judicial authority for the examination of the following witnesses, namely:
E.F. of .....................................................
G.H. ........................................................
And it is ordered that the depositions taken pursuant thereto when received be
filed in the Registry of the High Court and that office copies thereof may be
read and given in evidence on the trial of this action, saving all just
exceptions, without any further proof of the absence of the said witnesses
than the affidavit of the solicitor of the party using the same as to his
belief.
And it is ordered that (the trial of this action be stayed until the said
depositions have been filed and that) the costs of and incidental to the
application for this order and the said letter of request and examination be
(costs in the cause).
Dated the ............... day of ......................... 19 ........
(25 of 1998 s. 2)
_______________
No. 35
Letter of request for examination of witness out of jurisdiction
(O. 39 r. 3)
To the Competent Judicial Authority of
..................................................................... in the
...................... of
...........................................................................
........................
WHEREAS an action is now pending in the High Court of Hong Kong in which
................ is plaintiff and ......................................... is
defendant and in which the plaintiff claims
...........................................................................
.................................................
AND WHEREAS it has been represented to the said Court that it is necessary for
the purposes of justice and for the due determination of the matters in
dispute between the parties that the following persons should be examined as
witnesses upon oath touching such matters, namely
............................. of ................................ and
............................... of ............................. and it
appears that such witnesses are resident within your jurisdiction.
Now I .............................................................. the
Registrar of the High Court in Hong Kong hereby request that for the reasons
aforesaid and for the assistance of the said Court you will be pleased to
summon the said witnesses (and such other witnesses as the agents of the said
plaintiff and defendant shall humbly request you in writing so to summon) to
attend at such time and place as you shall appoint before you, or such other
person as according to your procedure is competent to take the examination of
witnesses, and that you will cause such witnesses to be examined viva voce (or
upon the interrogatories which accompany this letter of request) touching the
said matters in question in the presence of the agents of the plaintiff and
defendant or such of them as shall, on due notice given, attend the
examination.
And I further request that you will permit the agents of both the plaintiff
and defendant or such of them as shall be present to examine
(upon interrogatories and viva voce upon the subject-matter thereof or arising
out of the answers thereto) such witnesses as may, after due notice in
writing, be produced on their behalf, and the other party to cross-examine the
said witnesses (upon cross-interrogatories and viva voce) and the party
producing the witness for examination to re-examine him viva voce.
And I further request that you will be pleased to cause the evidence of the
said witnesses (or the answers of the said witnesses and all additional viva
voce questions, whether on examination, cross-examination or re-examination)
to be reduced into writing and all books, letters, papers and documents
produced on such examination to be duly marked for identification, and that
you will be further pleased to authenticate such examination by the seal of
your tribunal or in such other way as is in accordance with your procedure and
to return it together with (the interrogatories and cross-interrogatories and)
a note of the charges and expenses payable in respect of the execution of this
request through the British Consul from whom the same was received (or
........, one of Her Majesty's Secretaries of State) for transmission to the
High Court, Hong Kong.
And I further request that you will cause me, or the agents of the parties if
appointed, to be informed of the date and place where the examination is to
take place.
Dated the ............... day of ......................... 19 ........
(25 of 1998 s. 2)
--------------------
No. 36
Summons for appointment of examiner to take evidence
of witness out of jurisdiction
(O. 39 r. 2)
(Heading as in cause or matter)
Let all parties (as in No. 31) on the hearing of an application on the part of
...........................................................................
.......... for an order that (the British Consul at
...........................................................................
.............. in (name of country) or his deputy)
(.......................................... Esq.) be appointed as special
examiner for the purpose of taking the examination, cross-examination, and
re-examination, viva voce, on oath or affirmation, of
........................................... and
..........................................................., witnesses on
behalf of the ............................., at
........................................................ in (name of country)
on the usual terms and that the costs of and incidental to this application
and the said examination be costs in the cause.
Dated, etc. (conclude as in No. 31).
--------------------
No. 37
Order for appointment of examiner to take evidence of witness out of
jurisdiction
(O. 39 r. 2)
(Heading as in cause or matter)
On hearing the solicitors on both sides and on reading the affidavit of
.......................... filed the ....................... day of
....................... 19 ........
It is ordered that the British Consul or his deputy at
................................................... (or
........................................ Esq.) be appointed as special
examiner for the purpose of taking the examination, cross-examination and
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
(Repealed L.N. 152 of 2008)
--------------------
No. 52
Notice of judgment or order
(O. 44 r. 3)
(Heading as in cause or matter)
Take notice that a judgment (or order) of this Court was given (or
made) on the ........................ day of .................................
19 ........ by which it was (state substance of judgment or order).
And also take notice that from the time of the service of this notice you
(or the infant ...................... or the patient
........................................... as may be) will be bound by
the said judgment (or order) to the same extent as you (or he) would
have been if you (or he) had originally been made a party.
And also take notice that you (or the said infant or patient) may within
one month after the service of this notice apply to the Court to
discharge, vary or add to the said judgment (or order) and that after
acknowledging service of this notice at the Registry of the High Court in
Hong Kong, you (or the said infant of patient) may attend the
proceedings under the said judgment (or order).
Dated the ............... day of ......................... 19 ........
To .........................................................
(Signed) .............................................................. (L.N.
126 of 1995; L.N. 251 of 1997; L.N. 313 of 1997; 25 of 1998 s. 2)
--------------------
No. 53
Writ of fieri facias
(O. 45 r. 12)
(Heading as in action)
To the bailiff
................................................................. :
Whereas in the above named action it was on the ................. day of
........................ 19 ......... adjudged (or ordered) that the
defendant C.D. do pay the plaintiff A.B. $ ............. (and $
......................... costs or costs to be taxed, which costs have
been taxed and allowed at $ ........... as appears by the certificate of the
taxing officer dated the .................. day of ........................ 19
........):
It is required that of the goods, chattels and other property of C.D.
authorized by law to be seized in execution you cause to be made the sums of $
....................... and $ ..................... for costs of execution and
also interest on $ ................. at the rate of $4 per cent per annum from
the .................. day of ........................ 19 ....... until
payment (together with bailiff's fees, costs of levying and all other legal,
incidental expenses) and that immediately after execution of this writ you pay
A.B. in pursuance of the said judgment
(or order) the amount levied in respect of the said sums and interest.
And it is also required that you indorse on this writ immediately after
execution thereof a statement of the manner in which you have executed it and
send a copy of the statement to A.B.
And the court has fixed support and maintenance allowance at the rate of
..................... a day.
Witness .............................................. Chief Justice of Hong
Kong, the ................... day of ..................... 19 .......
This writ was issued by ...................... of
.............................................. solicitor for
.......................... the
.............................................. (or 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 that of the said property of C.D. you cause to be made
the sums of $ .................. for (damages and) costs and $
..................... for costs of execution and also interest on $
.................................................................. at the rate
of $4 per cent per annum from the .................. day of
....................................................... 19 ....... until
payment together with bailiff's fees, costs of levying and all other legal
incidental expenses and that immediately after execution of this writ you
pay A.B. in pursuance of the said judgment (or order) the amount levied
in respect of the said sums and interest.
And it is also required that you indorse (remainder as in No. 53).
Witness (as in No. 53).
This writ (as in No. 53). (L.N. 251 of 1997; L.N. 313 of 1997)
--------------------
No. 66
Writ of possession
(O. 45 r. 12)
(Heading as in action)
To the bailiff
................................................................. :
Whereas in the above named action it was on the
...................................................... day of
...................... 19 ......... adjudged (or ordered) that the
defendant C.D. do give the plaintiff A.B. possession of (describe the land
delivery of which has been adjudged or ordered) and do pay him ($
...................... and) $ ...................... costs (or costs to
be taxed, which costs have been taxed and allowed at $ .................. as
appears by the taxing officer's certificate dated the ............ day of
..................... 19 .......):
It is required that you enter the said land and cause A.B. to have possession
of it.
And it is also required that of the goods, chattels and other property
(remainder as in No. 53).
And it is also required that you indorse (as in No. 53).
Witness (as in No. 53).
This writ (as in No. 53). (L.N. 251 of 1997; L.N. 313 of 1997)
--------------------
No. 66A
Writ of Possession
(O. 113 r. 7)
[Heading as in summons]
To the bailiff
................................................................. :
Whereas it was on the ............... day of
..................................................... 19 ........ ordered that
the plaintiff A.B. do recover possession of [describe the land recovery of
which has been ordered] [and that the defendant C.D. do pay
him $ ............................................. costs [or costs to
be taxed, which costs have been taxed and allowed at $
......................... as appears by the taxing master's certificate dated
the ............................................. day of
........................ 19 ...........]]:
It is required that you enter the said land and cause A.B. to have possession
of it.
[And it is also required that of the goods, chattels and other property
[remainder as in No. 53].]
Witness (as in No. 53).
This writ (as in No. 53).
Dated this ............... day of ......................... 19 ........ (L.N.
251 of 1997; L.N. 313 of 1997)
--------------------
No. 67
Writ of sequestration
(O. 45 r. 12)
(Heading as in cause or matter)
To (names of not less than four commissioners) :
Whereas in the above named action (or matter) in our High Court, Hong
Kong it was on the ................ day of
...........................................................................
....................... 19 ................................... adjudged
(or ordered) that C.D. should (pay into Court the sum of $
....................... or as may be):
You are hereby authorized and directed by this writ that you, or any two or
three of you, may enter upon and take possession of all the real and personal
estate of the said C.D. and may collect, receive and get into your hands the
rents and profits of his real estate and all his personal estate and keep the
same under sequestration in your hands until the said C.D. shall (pay into
Court to the credit of the said action or matter the
sum of $................... or as may be) and clear his contempt and the
said Court make other order to the contrary.
Witness (as in No. 53).
This writ was issued (as in No. 53). (L.N. 251 of 1997; L.N. 313 of 1997; 25
of 1998 s. 2)
--------------------
No. 68
Writ of restitution
(O. 46 r. 1)
(Heading as in action)
To the bailiff
................................................................. :
Whereas in the above named action it was on the
..................................................... day of
........................ 19 ......... adjudged (or ordered) that the
defendant C.D. do give the plaintiff A.B. possession of (describe the land
delivery of which was adjudged or ordered):
And whereas on the ............. day of
......................................................... 19 ....... a
writ of possession was issued pursuant to the said judgment (or order)
directing you to give possession of the said land to the said A.B., but it
appearing to the High Court, Hong Kong that certain other persons have
wrongfully taken possession of the said land and the said Court having on the
........................ day of
......................................................... 19 ........ ordered
that a writ of restitution should issue in respect of the said land:
It is required that you enter the said land and cause A.B. to have restitution
thereof.
And it is also required that you indorse (remainder as in No. 53).
Witness (as in No. 53).
This writ (as in No. 53). (L.N. 251 of 1997; L.N. 313 of 1997; 25 of 1998 s.
2)
--------------------
No. 69
Writ of assistance
(O. 46 r. 1)
(Heading as in action)
To the present and any future bailiff
........................................................................ :
Whereas by an order dated the .............. day of
........................................... 19 ....... made in an action in
the High Court, Hong Kong between A.B., plaintiff, and C.D., defendant, the
said C.D. was ordered to give to the said A.B. possession of the goods therein
described, namely (describe the goods), but he the said C.D. and other persons
have refused to obey the order and keep the possession of the goods in
contempt of the said Court:
And whereas by an order made in the said action dated the
........................................ day of
........................................ 19 ........ it was ordered that a
writ of assistance should issue to give the said A.B. possession of the said
goods:
It is required that you put the said A.B. and his assigns into full peaceable
and quiet possession of the said goods and defend and keep him and his assigns
in such peaceable and quiet possession, when and as often as any interruption
thereof is at any time effected, according to the intent of the said orders.
And herein you are not in any wise to fail.
Witness (as in No. 53).
This writ (as in No. 53). (L.N. 165 of 1992; L.N. 251 of 1997; L.N. 313 of
1997; 25 of 1998 s. 2)
--------------------
No. 71
Notice of renewal of writ of execution
(O. 46 r. 8)
(Heading as in cause or matter)
Take notice that the writ of ....................................... issued in
this cause (or matter) directed to the bailiff and bearing date the
...................... day of ........................................ 19
......... has by order dated the .................. day of
.......................................................... 19 ......... been
renewed for one year beginning with the date of the said order.
To the bailiff.
(Signed)
Solicitor for ..........................................
--------------------
No. 72
Garnishee order to show cause
(O. 49 r. 1)
In the High Court of Hong Kong
19 ......., No. ..............
(Mr. Justice ................ Judge in chambers)
Between A.B. Judgment creditor
AND
C.D. Judgment debtor
F.G. Garnishee
Upon reading the affidavit of ................................................
filed the ................ day of
................................................. 19 .......:
It is ordered by (Mr. Justice ...................................... ) that
all debts due or accruing due from the above-mentioned garnishee to the
above-mentioned judgment debtor (in the sum of $ ........................) be
attached to answer a judgment recovered against the said judgment debtor by
the above-named judgment creditor in the High Court on the
............................................ day of
............................................ 19 ......... for the sum
(or to answer an order made in the High Court on the
.......................... day of
............................................... 19 .......; ordering payment
by the said judgment debtor to the above-named judgment creditor of the sum)
of $ .................... (debt and $ .................... costs) and interest
at the judgment rate calculated from the date on which maintenance payment is
due to the date of payment and surcharge at a rate to be decided by the High
Court, as referred to in Order 49, rule 2(ba)(i) and (ii) (together with the
costs of the garnishee proceedings) on which
judgment (or order) the sum of $ ................... remains due and
unpaid.
And it is ordered that the said garnishee attend Mr. Justice
..................................... in Chambers, at the High Court, in Hong
Kong on the .................................................. day of
................................... 19 ....... at .......... o'clock, on an
application by the said judgment creditor that the garnishee do pay to the
said judgment creditor the debt due from the said garnishee to the said
judgment debtor, or so much thereof as may be sufficient to satisfy
the said judgment (or order), and interest at the judgment rate
calculated from the date on which maintenance payment is due to the date of
payment and surcharge at a rate to be decided by the High Court, as referred
to in Order 49, rule 2(ba)(i) and (ii) together with the costs of
the garnishee proceedings.
Dated the ............... day of ......................... 19 ........
To the above-named garnishee and judgment debtor. (L.N. 251 of 1997; L.N. 313
of 1997; 25 of 1998 s. 2; 18 of 2003 s. 15)
--------------------
No. 73
Garnishee order absolute where garnishee owes more than judgment debt
(O. 49 rr. 1, 4)
(Heading as in No. 72)
Upon hearing the solicitors for the judgment creditor and the garnishee, and
upon reading the affidavit of
....................................................................... filed
herein, and the order to show cause made herein dated the ...................
day of ......................................... 19 ........., whereby it was
ordered that all debts due or accruing due from the above-named garnishee to
the above-named judgment debtor should be attached to answer a judgment
recovered against the said judgment debtor by the above-named
judgment creditor in the High Court on the ................ day of
............................... 19 ....... for the
sum (or to answer an order made in the High Court dated the
................. day of ............................. 19 ....... ordering
payment by the said judgment debtor to the above-named judgment creditor of
the sum) of $ ...................... (debt and $ ...................... costs)
and interest at the judgment rate calculated from the date on which
maintenance payment is due to the date of payment and surcharge at a rate to
be decided by the High Court, as referred to in Order 49, rule 2(ba)(i) and
(ii) (together with the costs of the garnishee proceedings) on which
judgment (or order) the sum of $ ................. remained due and
unpaid:
It is ordered that the said garnishee do forthwith pay to the said
judgment creditor $ .......... being so much of the debt from the said
garnishee to the said judgment debt, $ ........... interest and $ ...........
surcharge, as referred to in Order 49, rule 2(ba)(i) and (ii) or as is
sufficient to satisfy the said judgment debt and costs, together with $
.................. the costs of the garnishee proceedings, and that the said
garnishee be at liberty to retain $ .................. for his costs of this
application out of the balance of the debt due from him to
the judgment debtor.
Dated the ............... day of ......................... 19 ........ (L.N.
251 of 1997; 25 of 1998 s. 2; 18 of 2003 s. 15)
--------------------
No. 74
Garnishee order absolute where garnishee owes less than judgment debt
(O. 49 rr. 1, 4)
(Heading as in No. 72)
Upon hearing (as in No. 73).
It is ordered that the said garnishee (after deducting therefrom $
................................ for his costs of this application) do
forthwith pay to the said judgment creditor $ .............. the debt due from
the said garnishee to the said judgment debtor and $........... interest and
$........... surcharge, as referred to in Order 49, rule 2(ba)(i) and (ii).
And that the sum of $ ...................................... the costs or the
judgment creditor of this application be added to the judgment debt and be
retained out of the money recovered by the said judgment creditor under this
order and in priority to the amount of the judgment debt.
Dated the ............... day of ......................... 19 ........ (L.N.
251 of 1997; 18 of 2003 s. 15)
--------------------
No. 75
Charging order: notice to show cause
(O. 50, r. 1)
(Heading as in cause or matter)
Upon hearing the ....................... and upon reading the affidavit of
................ filed herein the ........... day of
................................. 19 ........ whereby it appears that by a
judgment (or order) made in the Court of First Instance on the ............
day of ......................................... 19 ........ the defendant was
ordered to pay to the plaintiff the sum of $
.......................................... and $
............................... costs on which judgment (or order) the sum of
$ ............................. remains due and unpaid and that the defendant
has a beneficial interest in the asset specified in the schedule hereto:
It is ordered by (Mr. Justice/Master ....................................)
that unless sufficient cause to the contrary be shown before (Mr.
Justice/Master ................................................ at the High
Court of Hong Kong, 38 Queensway, Hong Kong) on the ............. day of
.............................. 19 ......., at ..............................
o'clock, the defendant's interest in the said asset shall, and it is ordered
that in the meantime it do, stand charged with the payment of $
................................ due on the said judgment (or order) and
(interest thereon at the statutory rate)
(interest at the judgment rate calculated from the date on which maintenance
payment is due to the date of payment and surcharge at a rate to be decided by
the Court, as referred to in Order 50, rule 1(3)(ba)(i) and (ii)) together
with the costs of this application.
Dated the ............... day of ......................... 19 ........
SCHEDULE
(Describe with full particulars the relevant land, securities, funds or trust,
stating, in relation to securities, their full title, the amount of them and
the name in which they stand and whether the beneficial interest charged is in
the securities only or in dividends or interest as well, and stating, in
relation to funds in court, the number of the account). (L.N. 251 of 1997; 25
of 1998 s. 2; 18 of 2003 s. 15)
--------------------
No. 76
Charging order absolute
(O. 50, r. 3)
(Heading as in cause or matter)
Upon hearing the ................. and upon reading the affidavits of
................................. and ................. filed herein the
............ day of ................................................... 19
......... and the order to show cause made herein on the ............. day of
.................... 19 .........:
It is ordered that the interest of the defendant C.D. in the asset specified
in the schedule hereto stand charged with the payment of $
........................., the amount due from the defendant to the plaintiff
A.B. on a judgment (or order) of the Court of First Instance dated the
.............. day of ...................... 19 ........., and
(interest thereon at the statutory rate) ($........... interest and
$........... surcharge, as referred to in Order 50, rule 1(3)(ba)(i) and
(ii) ) together with $ ................. the costs of this
application, the said costs to be added to the judgment debt.
Dated the ............... day of ......................... 19 ........
SCHEDULE
(Describe with full particulars the relevant land, securities, funds or trust,
stating, in relation to securities, their full title, the amount of them and
the name in which they stand and whether the beneficial interest charged is in
the securities only or in dividends or interest as well, and stating, in
relation to funds in court, the number of the account).
STOP NOTICE
To the (describe the person having custody of the security)
Take notice that, in relation to the securities specified in the schedule to
this order, you may not, without notice to (name of the plaintiff) at
(his address for service) register any transfer, or make any redemption
payment, or, in the case of a unit trust, deal with the units, or, where
dividends or interest are included in the order, pay any dividend or interest.
SCHEDULE (L.N. 251 of 1997; 25 of 1998 s. 2; 18 of 2003 s. 15)
--------------------
No. 77 (Repealed L.N. 356 of 1988)
--------------------
No. 78 (Repealed L.N. 356 of 1988)
--------------------
No. 79
Stop order on capital and income of funds in court
(O. 50 r. 10)
(Heading as in cause or matter)
Upon hearing ..................................... for the plaintiff A.B. and
.......................... for the defendant C.D. and upon reading the
affidavit of ........................................ filed herein the
............ day of ..................... 19 .....:
It is ordered that no part of the capital of (describe funds) in court to the
credit of this action (or matter) (state title of action or matter), the
account of C.D., and of the sum of $ ................. cash (being income) in
court to the same credit, and of any interest or dividends to accrue due on
the said funds in court, to which the said C.D. is (or may become) entitled,
be transferred, sold, paid or otherwise dealt with without notice to the said
A.B.
Dated the ............... day of ......................... 19 ........ (L.N.
251 of 1997)
--------------------
No. 80
Affidavit and notice under O. 50 r. 11
(O. 50 r. 11)
IN THE HIGH COURT OF HONG KONG
In the matter of (state the settlement or other document under which the
deponent's interest arises giving the date and other particulars sufficient to
identify the document).
and
In the matter of Order 50, rule 11, of the Rules of the High Court.
I, A.B. (or C.D. the solicitor of A.B.) of
............................................. make oath and say that according
to the best of my knowledge, information and belief I am (or the said A.B. is)
beneficially entitled under the above-mentioned
settlement (or as may be) to an interest in the securities specified in
the notice hereto annexed.
Sworn, etc. ......................
This affidavit is filed on behalf of A.B. whose address is
............................................
Notice to be annexed to affidavit
To .................................. Co. Ltd.
Take notice that the securities comprised in and subject to the trusts of
the settlement (or as may be) referred to in the affidavit to which this
notice is annexed consist of the following, namely (specify the stock, shares,
etc. stating the names in which it stands).
This notice is intended to stop the transfer of the said securities and not
the payment of any dividend thereof or interest thereon (or and also the
payment of any dividend thereof or interest thereon).
(Signed) A.B. (or C.D. if affidavit
sworn by him)
(25 of 1998 s. 2)
--------------------
No. 81
Order on originating summons restraining transfer of stock, etc.
(O. 50 r. 15)
In the High Court of the Hong Kong Special Administrative Region
20 ......., No. ..............
In the matter of the trusts of
...............................................................
and
In the matter of Order 50, rule 15, of the Rules of the High Court.
Upon the hearing of the originating summons for an injunction this day made
unto this Court by counsel for the applicant A.B.:
And the applicant by his counsel undertaking to abide by any order the Court
may hereafter make should it decide that the respondents (the
................................................... ................... Co.
Ltd.) have sustained damage by reason of this order and are entitled to
damages which the applicant ought to pay:
It is ordered that (the ............................................. Co.
Ltd.) be restrained until the .................. day of
.......................................................... 20 ........ or
further order from permitting the transfer of (describe stock) standing in the
name of (state name of holder of stock) in their books, or any part thereof,
and from paying any dividend or interest due or to become due thereon.
Dated the ............... day of ......................... 20 ........ (L.N.
251 of 1997; 25 of 1998 s. 2; L.N. 152 of 2008)
--------------------
No. 82
Summons for appointment of receiver
(O. 51 r. 3)
(Heading as in action)
Let the defendant C.D. attend the (Judge in chambers, at the High Court in
Hong Kong) on
...........................................................................
........................................ the ............ day of
.............................. 19 ........ at .............. o'clock on the
hearing of an application on the part of the plaintiff for an order that a
receiver be appointed (or that P.R. be appointed receiver) in this action to
receive the rents, profits and moneys receivable in respect of the interest of
the defendant C.D. in the following property, namely
(describe the property) in or towards satisfaction of the moneys and
interest due to the plaintiff under the judgment (or order) in this
action dated the ............... day of ............................. 19
........ and for an order as to the costs of this application.
Dated the ............... day of ......................... 19 ........
This summons was taken out by ...................... of ......................
To the above-named ......................... (and his solicitor). (L.N. 251 of
1997; L.N. 313 of 1997; 25 of 1998 s. 2)
--------------------
No. 83
Order directing summons for appointment of receiver and granting injunction
meanwhile
(O. 51 r. 3)
(Heading as in action)
Upon reading the affidavit of ....................................... filed
the ........................... day of ...................... 19 .......:
Let the defendant C.D. attend the (Judge in chambers, at the High Court in
Hong Kong) on the ................... day of
.......................................... 19 ........... at ...........
o'clock on the hearing of an application on the part of the plaintiff for the
appointment of P.R. as receiver in this action, on the usual terms, to receive
the rents, profits and moneys receivable in respect of the said defendant's
interest in the following property, namely (describe the property) in or
towards satisfaction of the sum of $ .................. debt and $
................. costs, and interest on the said sums at the rate of $4 per
cent per annum from the ......................................... day of
.......................
19 ....... due under the judgment (or order) in this action dated the
.......... day of ....................... 19 .......
And the plaintiff (by his solicitor) hereby undertaking to abide by any order
the Court may hereafter make should it decide that the said defendant has
sustained damage by reason of this order and is entitled to damages which the
plaintiff ought to pay, it is ordered that the said defendant by himself, his
agents or servants, or otherwise, be restrained, and an injunction is hereby
granted restraining him, until after the hearing of the above application,
from assigning, charging or otherwise dealing with the said property.
Dated the ............... day of ......................... 19 ........ (L.N.
251 of 1997; L.N. 313 of 1997; 25 of 1998 s. 2)
--------------------
No. 84
Order appointing receiver by way of equitable execution
(O. 51 r. 1)
(Heading as in action)
Upon hearing .......................................................... and
upon reading the affidavit of .............................................
filed the ......................... day of .................... 19 ........:
(If security ordered) It is ordered that P.R. of
............................................... on first giving security to
the satisfaction of the Court, be and is hereby appointed to receive the
rents, profits and moneys receivable in respect of the above-named defendant's
interest in the following property, namely (describe the property).
(If no security ordered and receiver is not the plaintiff) The plaintiff being
answerable for the acts and defaults of the receiver, it is ordered that P.R.
of ................................... be and is hereby appointed to receive
(continue as above) but he shall not receive more than the amount of the
judgment debt and allowed costs of obtaining this order without leave of
the Court or first giving (at the plaintiff's cost unless otherwise ordered)
the usual security to the satisfaction of the Court.
(If no security ordered and receiver is the plaintiff: as above omitting "The
plaintiff being answerable for the acts and defaults of the receiver" and the
words after "the Court").
(In all cases continue as follows:-)
That this appointment shall be without prejudice to the rights of any prior
incumbrances upon the said property who may think proper to take possession of
or receive the same by virtue of their respective securities or, if any prior
incumbrances is in possession, then without prejudice to such possession.
And that the tenants of premises comprised in the said property do attorn and
pay their rents in arrear and growing rents to the receiver.
And that the receiver have liberty, if he shall think proper (but not
otherwise), out of the rents, profits and moneys to be received by him to keep
down the interest upon the prior incumbrances, according to their priorities,
and be allowed such payments, if any, in passing his accounts.
And that the receiver shall on the ................... day of
............................. (3 months after the date of order), and at such
further and other times as may be ordered by the Court leave and pass his
accounts, and shall on the
............................................................... day of
.................................. (4 months after the date of order) and at
such further and other times as may be hereafter ordered by the Court pay the
balance or balances appearing due on the accounts so left, or such part
thereof as shall be certified as proper to be so paid, such sums to be paid in
or towards satisfaction of what shall for the time being be due in respect of
the judgment signed on the .................... day of
.................................... for the sum of $ ................ debt
and $ ............... costs, making together the sum of $ ................
And that the costs of the receiver (including his remuneration), the costs of
obtaining his appointment, of completing his security (if any), of passing his
accounts and of obtaining his discharge shall not exceed ten per cent of the
amount due under the said judgment or the amount recovered by the receiver,
whichever is the less, provided that not less than ................... be
allowed unless otherwise ordered. Such costs shall be taxed unless assessed by
the Court and shall be primarily payable out of the sums received by the
receiver, but if there shall be no sums received or the amount shall be
insufficient, then upon the certificate of the Court being given stating the
amount of the deficiency, such certificate to be given after passing the final
account, the amount of the deficiency so certified shall be paid by the
defendant to the plaintiff.
It is also ordered that the balance (if any) remaining in the hands of the
receiver, after making the several payments aforesaid, shall unless otherwise
directed by the Court forthwith be paid by the receiver into Court to the
credit of this action, subject to further order.
And that any of the parties be at liberty to apply to the Judge in chambers as
there may be occasion.
Dated the ............... day of ......................... 19 ........ (L.N.
251 of 1997)
--------------------
No. 85
Order of committal
(O. 52 r. 1)
(Heading as in action)
Upon hearing the originating summons dated the ................... day of
....................... 20 ........ taken out by the solicitor for the
plaintiff/plaintiff and upon reading (an affidavit of
................................................ filed the
............................. day of ....................... 20 ...... of
service on the defendant C.D. of a copy of the order of the Court dated the
................ day of .................................... 20 ...... and of
notice of hearing of this originating summons):
And it appearing to the satisfaction of the Court that the defendant C.D. has
been guilty of contempt of court in (state the contempt):
It is ordered that for his said contempt the defendant do stand committed to
........................ Prison to be there imprisoned (until further order).
(It is further ordered that this order shall not be executed if the defendant
C.D. complies with the following terms, namely,
........................................................................
...........................................................................
..........................................................).
Dated the ............... day of ......................... 20 ........ (L.N.
251 of 1997; L.N. 152 of 2008)
--------------------
No. 85A
Warrant for committal
(O. 52 r. 1)
IN THE HIGH COURT OF HONG KONG
COURT OF FIRST INSTANCE
Between A.B. Plaintiff
AND
C.D. Defendant
To: The Chief Bailiff and his assistants and the Commissioner of Correctional
Services.
WHEREAS by an order of this Court pronounced this day it was ordered that the
above-named [here insert name of defendant], do stand committed to Prison for
his/her contempt in the said order mentioned.
You are required to apprehend the said [here insert name of defendant], and
him/her safely convey to Prison there to be detained and kept in safe custody
until such time as the said Order granted by the Honourable Mr. Justice
........................................... on the ................... day of
........................ 19 ....... shall have been complied with and obeyed
or until such time as the said [here insert name of defendant] may be
discharged by the Court on his/her application.
Dated the ............... day of ......................... 19 ........
.............................................................. A Judge of
the Court of First Instance (L.N. 251 of 1997; L.N. 313 of 1997; 25 of 1998 s.
2)
--------------------
No. 86
Notice of application for leave to apply for judicial review
(O. 53 r. 3(2))
No. ............
IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
Applicant
Notice of application for leave to apply
for judicial review (O. 53 r. 3(2))
This form must be read together with notes for guidance obtainable from the
Registry.
To the Registrar, High Court, Hong Kong. Name, description and address of
applicant Name and description of proposed respondent Judgment, order,
decision or other proceeding in respect of which relief is sought
Relief sought
Name, description and address of all interested parties (if any) known to the
applicant Name and address of applicant's solicitors, or, if no solicitors
acting, the address for service of the applicant Signed Dated
Grounds on which relief is sought
(if there has been any delay, include reasons here).
Note:-Grounds must be supported by an affidavit which verifies the facts
relied on. (L.N. 152 of 2008)
--------------------
No. 86A
Originating summons-judicial review
(O. 53 r. 5)
................ / 20 ..........
IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST
NO. ............... OF .................
Between A.B. Applicant
AND
C.D. Respondent
Pursuant to the leave granted by the Honourable ........................ on
......................... , let all parties concerned appear before the
Honourable .......................................... on the ..............
day of ................... 20......... at ......... o'clock, on the hearing of
an application by A.B. for an order that (or for the following relief,
namely):
...........................................................................
...........................................................................
.........
...........................................................................
...........................................................................
.........
...........................................................................
...........................................................................
....... .
TAKE NOTICE that an order will also be sought that the costs of and incidental
to this application be paid by
........................................................................... ..
.
THE GROUNDS FOR THE APPLICATION are those set out in Form No. 86 used on the
application for leave to apply for such order (or the grounds for the
application, for which leave had been granted, are as follows:
...........................................................................
...........................................................................
............
...........................................................................
...........................................................................
..........).
FURTHER TAKE NOTICE that on the hearing of this application, the applicant
will use the following affidavit(s) and the exhibits therein referred to:
...........................................................................
...........................................................................
.........
...........................................................................
...........................................................................
....... .
Dated the .......................... day of ..........................
20............
...........................................................................
......
Solicitor for the applicant (or where the applicant
acts in person, name of the applicant)
This summons was taken out by ....................., solicitor for the
applicant whose address is at
...........................................................................
...........................................................................
..........................(or where the plaintiff acts in person: This summons
was taken out by the applicant whose address for service is
at.........................................................................
...........................................................................
.). To:
...........................................................................
...........................................................................
......
...........................................................................
...........................................................................
...... (Name and address of the respondent or the solicitor for
the respondent, and if applicable, name and address of the interested party or
other party as directed by the Court) (L.N. 152 of 2008)
--------------------
No. 87
Originating summons-for writ of habeas corpus ad subjiciendum
(O. 54 r. 2)
................ / 20 ...........
IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST
NO. ............... OF .................
Between A.B. Applicant
AND
C.D. Respondent
Pursuant to the direction given by the Honourable
.............................. on ...................., let all parties
concerned appear before the Honourable .......................................
on the ........... day of ................. 20......... at ......... o'clock,
on the hearing of an application by A.B. for an order that a writ of habeas
corpus be issued directed to
............................................................. to have A.B.
brought before the Honourable ............................ at such time as the
judge ............................ may direct.
TAKE NOTICE that an order will also be sought that the costs of and incidental
to this application be paid by
...........................................................................
..................................... .
THE GROUNDS FOR THE APPLICATION are those set out in the affidavits of A.B.
and ............................................................ and the
exhibits therein respectively referred to used on the application to the
...........................................................................
.... for such order, copies of which affidavits and exhibits are served
herewith.
FURTHER TAKE NOTICE that on the hearing of this application, the applicant
will use the following affidavit(s) and the exhibits therein referred to:
...........................................................................
...........................................................................
..........
...........................................................................
...........................................................................
........ .
Dated the .......................... day of ..........................
20............
...........................................................................
....
Solicitor for the applicant (or where the applicant
acts in person, name of the applicant)
This summons was taken out by ...................., solicitor for the
applicant whose address is at
...........................................................................
...........................................................................
...................... (or where the plaintiff acts in person: This summons
was taken out by the applicant whose address for service is
at.........................................................................
...........................................................................
..........). To:
...........................................................................
...........................................................................
....
...........................................................................
...........................................................................
.... (Name and address of the respondent or the solicitor for the respondent,
and if applicable, name and address of the other party as directed by the
Court) (L.N. 152 of 2008)
--------------------
No. 88
Notice directed by Court of adjourned application for writ of habeas corpus
(O. 54 r. 2)
(Heading as in No. 87)
Take notice that an application for the above writ was made to the
............................. in the above matter on the ................. day
of ................................ 19 ......... when the said application was
adjourned so that notice could be given to you.
Notice is hereby given to you that the said application will be made to the
................... on .......................... the .....................
day of ..................... 19 ......... at .............. o'clock.
(Signed) ..............................................................
of ......................................................
Solicitor for .........................................................
To ..........................................................
--------------------
No. 89
Writ of habeas corpus ad subjiciendum
(O. 54 r. 10)
To ....................................................... :
It is required that you have in our High Court at the High Court in Hong Kong,
on the day at the time specified in the notice served with this writ, A.B.
being taken and detained under your custody as is said, together with the day
and cause of his being taken and detained, by whatsoever name he may be called
therein, that Our Court may then and there examine and determine whether such
cause is legal, and have you there then this writ.
Witness ...................................................................
Chief Justice of Hong Kong the .................... day of
........................ 19 ..........
Indorsement
By order of (Mr. Justice
...........................................................................
..............)
This writ was issued by ................. of
.................................................... solicitor for
....................... (L.N. 313 of 1997; 25 of 1998 s. 2)
--------------------
No. 90
Notice to be served with writ of habeas corpus ad subjiciendum
(O. 54 r. 6)
IN THE HIGH COURT OF HONG KONG
COURT OF FIRST INSTANCE
(If in a cause already begun, here insert the title, not otherwise)
The Honourable Mr. Justice
...........................................................................
.... has granted a writ of habeas corpus directed to
................................................... (or other person having
the custody of ................................................... if so)
requiring him to have A.B. before a judge at the High Court in Hong Kong on
the day and at the time specified in the notice together with the day and
cause of his being taken and detained.
Take notice that you are required by the said writ to have the said A.B.
before the Honourable Mr. Justice ....................................... on
.............. the ................ day of ..................... 19 .........
at .............. o'clock and to make a return to the said writ. In default
thereof the said Court will then, or so soon thereafter as counsel can be
heard, be moved to commit you to prison for your contempt in not obeying the
said writ.
Dated the ............... day of ......................... 19 ........
(Signed) ..............................................................
of ......................................................
Solicitor for .........................................................
To .......................................................... (L.N. 313 of
1997; 25 of 1998 s. 2)
--------------------
Nos. 91 and 92
(Repealed 95 of 1997 s. 7)
--------------------
No. 93
Notice of sanctioned payment (Order 62A)
(O. 62A r. 8(2))
(Heading as in action)
To the receiving party('s solicitor)
___________________________________________________________________________
____
Take notice that the paying party _________________ has paid $ ____________ (a
further amount of $ _____________) into court in settlement of-
(tick as appropriate) □ the whole of your costs including the costs of
taxation (for the bill dated ________________________) □ part of your costs
(give details below) □ It is in addition to the amount of $ ________________
already paid into court on _________________ and the total amount in court now
offered in settlement of your costs is $ _____________________ (give total of
all payments in court to date) □ It is not inclusive of interest and an
additional amount of $ ___________________ is offered for interest (give
details of the rate(s) and period(s) for which the amount of interest is
offered) □ It takes into account the interim payment(s) of costs made in the
following amount(s) on the following date(s): (give details) □ It takes into
account the following sum(s) of money that has
(have) been paid into court as security for the costs of the action, cause
or matter: (give details)
Signed Position or office held
(If signing on behalf of a firm,
Paying party('s solicitor) company or corporation)
Date With company chop
(if applicable)
Note: To the receiving party
If you wish to accept the payment made into court and the Court's leave for
acceptance is not required, you should complete Form No. 93B and file it in
the Registry of the High Court, and send a copy to the paying party. (L.N. 152
of 2008)
--------------------
No. 93A
Notice of acceptance of sanctioned payment (Order 62A)
(O. 62A r. 13(4))
(Heading as in action)
To the paying party('s solicitor)
___________________________________________________________________________
___
Take notice that the receiving party accepts the payment(s) into court
totalling $________________ in settlement of (the whole of)(part of) the
receiving party's costs as set out in the notice of sanctioned payment
received on _________________ (and abandons the other part(s) of the costs).
Signed Position or office held
(If signing on behalf of a firm,
Receiving party('s solicitor) company or corporation)
Date With company chop
(if applicable) (L.N. 152 of 2008) --------------------
No. 93B
Notice of request for payment (Order 62A)
(O. 62A r. 15)
(Heading as in action)
On ____________________ I accepted the payment(s) into court totalling $
__________________ in settlement of (the whole of)(part of) my costs as set
out in the notice of sanctioned payment received on _________________________.
I declare that: □ the sanctioned payment has been accepted [within 14
days][after 14 days but liability for and quantum of costs incurred after the
14-day period have been agreed]* □ the offeree is not a
person under disability □ [at no time has the offeree been on legal aid in
these proceedings][the offeree has been on legal aid]* □ there is no pending
application to withdraw or diminish the sanctioned payment □ [there is only
one paying party][the sanctioned payment is made by all paying parties][I have
discontinued the proceedings for taxation against those paying parties who
have not made the payment and they have given written consent to the
acceptance of the sanctioned payment]* (If any of the above declarations has
not been made, the money in court can only be paid out by order of the Court)
□ a copy of this notice has been served on the paying party('s solicitor)
named below and I request payment of this money held in court to be made to:
Receiving party or solicitor's full name
Address and telephone number
Signature Note: Before signing this form please read the notes for guidance
overleaf. Incorrectly signed forms may be returned unactioned.
DETAILS OF RECEIVING PARTY'S SOLICITOR
Paying party or solicitor's full name/Director of Legal Aid*
Address and telephone number
Signature Note: The receiving party('s solicitor) should obtain the signature
of the paying party('s solicitor) on the box below before serving a copy of
this notice on him.
DETAILS OF PAYING PARTY'S SOLICITOR
* Delete as appropriate
Notes for guidance on completion of Form No. 93B
In order to request payment out of funds in court, file this form, signed and
completed in accordance with these notes for guidance in the Registry of the
High Court. A copy of this form should also be sent to the paying party's
solicitors. ‧ When completing this form, please ensure that you tick all of
the boxes under the heading: 'I declare that'. If you do not tick all of the
boxes, the Registry of the High Court will not be able to process your request
for payment and will have to return the form to you. ‧ The form should be
signed either by the receiving party or his solicitor. ‧ The Accounts Office
of the High Court will only issue payment upon receipt of a properly completed
Form No. 93B with an original signature. Faxed copies of the form and
photocopies of signatures will not be accepted.
‧ A director of a company must obtain leave to represent the company from a
Practice Master before he may sign on behalf of the company. (L.N. 152 of
2008)
--------------------
No. 94
Order for production of documents in marine insurance action
(O. 72 r. 10)
(Heading as in action)
Upon hearing ................ (and upon reading the affidavit of
........................................ filed the ............. day of
..................... 19 .......):
It is ordered that the plaintiff and all other persons interested in this
action, and in the insurance the subject of this action, do produce and show
to the defendant, his solicitors or agents on oath (or by oath of their proper
officer) all insurance slips, policies, letters of instruction or other orders
for effecting such slips or policies, or relating to the insurance or the
subject-matter of the insurance on the ship
...................................................................
...................................., or the cargo on board thereof, or the
freight thereby, and also all documents relating to the sailing or alleged
loss of the said ship, cargo or freight, and all correspondence with any
person relating in any manner to the effecting of the insurance on the said
ship, cargo or freight, or any other insurance whatsoever effected on the said
ship, cargo or freight, on the voyage insured by the policy sued on in this
action, or any other policy whatsoever effected on the said ship, or the cargo
on board thereof, or the freight thereby on the same voyage. Also all
correspondence between the captain or agent of the ship and any other person
with the owner or any person before the commencement of or during the voyage
on which the alleged loss happened. Also all books and documents, whatever
their nature and whether originals, duplicates or copies, which in any way
relate or refer to any matter in question in this action and which are now in
the custody, possession or power of the plaintiff or any other person on his
behalf, his or their, or any of their brokers, solicitors or agents, with
liberty for the defendant, his solicitors or agents to inspect and take copies
of, or extracts from, any of those books or documents. And that in the like
manner the plaintiff and every other person interested as aforesaid do account
for all other books and documents relating or referring to any matter in
question in this action which were once but are not now in his custody,
possession and power.
And that (in the meantime all further proceedings be stayed and that) the
costs of and occasioned by this application be costs in the action.
Dated the ............... day of ......................... 19 ........
--------------------
No. 95
Certificate of order against the Government
(O. 77 r. 15(3))
(Heading as in cause or matter)
By a judgment (or order) of this Court dated the ................. day
of .......................... 19 ......... it was adjudged (or ordered)
that (give particulars of the judgment or order).
I hereby certify that the amount payable to .......................... by
............................... in pursuance of the said judgment (or order)
is $ ..................................... (together with interest thereon at
the rate of $ ................................... per cent per annum until
payment and together with costs which have been taxed and certified by the
taxing officer at $ ................................. Interest is payable on
the said costs at the rate of $ .......................... per cent per annum
from the ................ day of ..................................... 19
....... until payment).
(This certificate does not include the amount payable under the said judgment
or order in respect of costs).
Dated the ............... day of ......................... 19 ........
(Signed) ..............................................................
(Note:-The final paragraph is to be included where a separate certificate with
respect to costs has been directed to be issued). (L.N. 313 of 1997)
--------------------
No. 96
Certificate of order for costs against the Government
(O. 77 r. 15)
(Heading as in cause or matter)
By a judgment (or order of this Court dated the
............................................. day of ....................
19 ........ it was adjudged (or ordered) that (give particulars of the
judgment or order).
I hereby certify that the costs payable to
.............................................. by ............... in
pursuance of the said judgment (or order) have been taxed and certified
by the taxing officer at $
...........................................................................
....... (and interest is payable thereon at the rate of $ ............ per
cent per annum from the ................................. day of
.................. 19 ....... until payment).
Dated the ............... day of ......................... 19 ........
(Signed) .............................................................. (L.N.
313 of 1997)
--------------------
No. 99
Order of Court of Appeal to admit prisoner to bail
(O. 59 r. 20)
IN THE COURT OF APPEAL
On appeal from the ......................................... court
Dated the ............... day of ......................... 19 ........ .
Whereas on the ............... day of
....................................................... 19 ....... A.B. was
ordered by (description of court) to be imprisoned for
............................................. for contempt of court and the
said A.B. has appealed to this Honourable Court against the said order:-
And whereas the said A.B. has applied to this Honourable Court to be admitted
to bail:
Upon reading the notice of motion on behalf of the said A.B. and upon hearing
Mr. ........... of counsel for the said A.B.
It is ordered that upon the said A.B. giving security (by his own
recognizance) in the sum of $
................................................................ with
(two) sufficient sureties in the sum of $
................................................................. each
before the Registrar for the personal appearance of the said A.B.
before the ......................................... court within ten
days after the judgment of this Honourable Court on his said appeal
shall have been given unless the order of the said court is reversed
by that judgment, he, the said A.B. be discharged out of the custody
of the Commissioner for Correctional Services
...................................... in respect of his commitment as
aforesaid.
By the Court
(47 of 1997 s. 10; L.N. 39 of 1999)
--------------------
No. 100
Notice of payment into court in connection with arbitration proceedings
(O. 73 r. 11)
In the matter of arbitration proceedings commenced between A.B.
............................................................. 1st party C.D.
.............................................................. 2nd party E.F.
............................................................... 3rd party etc.
Take notice that- The .............. party ................ has paid $
......................................................... into court. The said
$ ................................................... is in satisfaction of
(the matter in dispute) (All the matters in dispute) in respect of which the
........................................................... party claims
(and after taking into account and satisfying the above-named party's claim
for ....................................................................... in
respect of which he counterclaims).
or
The said $ ........................................................ is in
satisfaction of the following matters in dispute in respect of which the
....................................................................... party
claims (and after taking into account as above).
or
Of the said $ ...........................; $ ......................... is in
satisfaction of the following matter in dispute in respect of which the
...........................................................................
... party claims (and after taking into account as above) and $
.................................................. is in satisfaction of the
following matter in dispute in respect of which the
................................. party claim (and after taking into account
as above).
Dated the ............... day of ......................... 19 ........
--------------------
No. 101
Notice of acceptance of money paid into court in connection with arbitration
proceedings
(O. 73 r. 11)
In the matter of arbitration proceedings commenced between A.B.
............................................................. 1st party
C.D. .............................................................. 2nd party
E.F. ............................................................... 3rd party
Take notice that the ....................... party
................................... accepts the sum of $
....................................................... paid in by the
........................................................ party in satisfaction
of the matter(s) in dispute in respect of which it was paid in and in respect
of which the ................................... party claims (against that
party) (and abandons his claim(s) against that party in respect of the other
matter(s) in dispute in the arbitration proceedings).
Dated the ............... day of ......................... 19 ........
--------------------
No. 102
Order of issue of warrant of arrest for examination
(O. 49B r. 1)
IN THE HIGH COURT OF HONG KONG
COURT OF FIRST INSTANCE
Between A.B. Judgment Creditor
AND
C.D. Judgment Debtor
Upon the application of the Judgment Creditor A.B. and upon hearing the
solicitor for the said Judgment Creditor, and upon reading the affidavit of
..................... filed the ............ day of .................... 19
......... :
It is ordered that a warrant do issue to the bailiff enjoining him to arrest
the Judgment Debtor C.D. and to bring him before the Court before the expiry
of the day after the day of arrest for examination; and it is further ordered
that the bailiff be authorized to release the Judgment Debtor-
1. upon payment to him of the sum of $ ...................................,
being the amount of the judgment debt, together with the sum of $
..................................................... for costs of this action
and such costs as may be due for the obtaining and execution of this warrant;
2. upon payment to him of the sum of $
............................................. as security or the provision of
bail in that sum by a surety or sureties;
3. upon the surrender to him of the judgment debtor's travel documents.
[Delete, amend or substitute conditions in accordance with the order of
the Court.]
Dated the ............... day of ......................... 19 ........
NOTE: The Judgment Debtor may apply to the Court to discharge this order.
(L.N. 251 of 1997; 25 of 1998 s. 2)
--------------------
No. 103
Order of imprisonment pending further examination
(O. 49B r. 1A)
IN THE HIGH COURT OF HONG KONG
COURT OF FIRST INSTANCE
Between A.B. Judgment Creditor
AND
C.D. Judgment Debtor
Whereas the examination being conducted under Order 49B rule 1A has been
adjourned until ............. day of ....................... 19 ......... :
It is ordered that a warrant do issue to the bailiff enjoining him to deliver
the Judgment Debtor into the custody of the Commissioner of Correctional
Services to be kept in a prison as a prisoner for debt until the
........................ day of ........................ 19 ........ and then
to bring the Judgment Debtor before the Court for further examination.
The Court has fixed the support and maintenance allowance at the rate of $
.................. a day.
It is further ordered that the bailiff be authorized to release the
Judgment Debtor-
1. upon payment to him of the sum of $ ...................................,
being the amount of the judgment debt, together with the sum of $
........................................ for costs of this action and such
costs as may be due for the obtaining and execution of this warrant;
2. upon payment to him of the sum of $ ............................... as
security or the provision of bail in that sum by a surety or sureties.
[Delete, amend or substitute conditions in accordance with the order of
the Court.]
Dated the ............... day of ......................... 19 ........
NOTE: The Judgment Debtor may apply to the Court to discharge this order.
(L.N. 251 of 1997; 25 of 1998 s. 2)
--------------------
No. 104
Order for imprisonment for debt
(O. 49B r. 1B)
IN THE HIGH COURT OF HONG KONG
COURT OF FIRST INSTANCE
Between A.B. Judgment Creditor
AND
C.D. Judgment Debtor
[Following examination of the Judgment Debtor under Order 49B rule 1A and upon
the Court being satisfied as required by Order 49B rule 1B:] or [Upon
the Court being satisfied that the Judgment Debtor has failed to comply with
an order made under Order 49B rule 1B(3):]
It is ordered that the bailiff do take the Judgment Debtor and deliver him
into the custody of the Commissioner of Correctional Services to be kept in
prison as a prisoner for debt for a period of
............................................... unless he shall be sooner
discharged in due course of law.
The Court has fixed the support and maintenance allowance at the rate of $
............... a day.
Dated the ............... day of ......................... 19 ........ (L.N.
251 of 1997; 25 of 1998 s. 2)
--------------------
No. 105
Application for order for imprisonment in default of payment
(O. 49B r. 1B)
IN THE HIGH COURT OF HONG KONG
COURT OF FIRST INSTANCE
Between A.B. Judgment Creditor
AND
C.D. Judgment Debtor
TAKE NOTICE that the Judgment Creditor will apply to the Court on
........................ day of ......................... 19 ........ for an
order for the imprisonment of the Judgment Debtor on the ground that
the Judgment Debtor has failed to make payment of the sum of $
............................ as ordered by the Court on .............. day of
..................... 19 .......
Dated the ............... day of ......................... 19 ........ (L.N.
251 of 1997; 25 of 1998 s. 2)
--------------------
No. 106
Order prohibiting departure from Hong Kong
(O. 44A r. 3)
IN THE HIGH COURT OF HONG KONG
COURT OF FIRST INSTANCE
Between A.B. Judgment Creditor/
AND Plaintiff/Claimant
C.D. Judgment Debtor/
Defendant/Person
against whom
claim is made
Upon the application of A.B. and upon hearing the solicitor for A.B., and upon
reading the affidavit of ...................... filed the ........... day of
......................................... 19........ :
It is ordered that C.D. is prohibited from leaving Hong Kong.
This order shall lapse after the expiry of one month (unless extended or
renewed) and shall have no effect if-
1. C.D. makes payment of the sum of $ ......................................,
being the amount claimed by A.B., [together with the sum of $
.............................. for costs of this action] and such costs as may
be due for the obtaining and execution of this order;
2. C.D. makes payment of the sum of $ ..................................... as
security or provides bail in that sum by a surety or sureties.
[Delete, amend or substitute conditions in accordance with the order of
the Court.]
Dated the ............... day of ......................... 19 ........
NOTE: C.D. may apply to the Court to discharge this order. (L.N. 251 of 1997;
25 of 1998 s. 2)
--------------------
No. 107
(Repealed L.N. 152 of 2008)
--------------------
No. 108
Order for continued detention of seized property
(O. 115 r. 25)
IN THE HIGH COURT OF HONG KONG
COURT OF FIRST INSTANCE
--------------------
IN THE MATTER OF THE DRUG TRAFFICKING (RECOVERY OF PROCEEDS) ORDINANCE (CAP
405)
--------------------
BETWEEN [ ]
and
[ ] Applicant
Respondent
--------------------
BEFORE THE HONOURABLE MR. JUSTICE ...................... IN CHAMBERS
ORDER
UPON the application of [A.B.]
AND UPON HEARING [the said A.B.]
AND UPON READING the affidavit of [A.B.] made on
..........................................
IT IS ORDERED THAT the sum of $ .........................................
seized from [C.D.] of
...........................................................................
...... (or, from person or persons unknown) at
...........................................................................
...... Hong Kong on ........................-day, the ................... day
of .................................... at ............... o'clock Hong Kong
time by [E.F.] of the .............................................. be
further detained for a period of ........................ days from the date
hereof or until further order of this Court.
Dated the ............... day of ............... 19 ...............
Registrar.
Important Notice:
(1) A party affected by this order may apply to the Court for its discharge.
(2) The applicant may apply for an order for the further detention of this
money.
(3) Persons affected by this order will be notified in accordance with the
Rules of the Court, or as directed by the Court, of any application made for
the release of this money. (L.N. 296 of 1996; 25 of 1998 s. 2)
--------------------
No. 109
(Repealed L.N. 152 of 2008) (Enacted 1988) "residence" (居所)
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