Hong Kong Regulations

THE RULES OF THE HIGH COURT - APPENDIX B

SPECIAL ADMIRALTY FORMS

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 25 of 1998 s. 2 No. 1

Writ of summons in action in rem

(O. 75 r. 3)

[Hong Kong Coat of Arms]

19 ......, Folio No. ...............

IN THE HIGH COURT OF HONG KONG

COURT OF FIRST INSTANCE

Admiralty action in rem against:

[The ship "X" or as may be describing the property against which the  action
is brought]

Between [The owners of the ship "A" or as may
be describing the plaintiffs]

[or name]

and

[The owners of the ship "X" or as may
be describing the property against which
the action is brought] Plaintiffs

Defendants

TO THE DEFENDANTS and other persons interested in the ship "X"
.................................. registered at the port of
........................................................ [or as may be]

THE WRIT OF SUMMONS has been issued by the Plaintiffs against the property
described above in respect of the claim set out on the back. Within [14 days]
after the service of this Writ, counting the day of service, you must either
satisfy the claim or lodge in the Registry of the High Court mentioned below
an ACKNOWLEDGMENT OF SERVICE.

If you fail to satisfy the claim or to lodge an Acknowledgment within the time
stated, the Plaintiffs may proceed with the action and judgment may be given
without further notice to you and if the property described in this Writ is
under the arrest of the Court it may be sold by order of the  Court.

Issued from the Registry of the High Court this ............ day of
.................... 19 .......

Note:-This Writ may not be served later than 12 calendar months beginning with
that date unless renewed by order of the Court.

IMPORTANT

Directions for Acknowledgement of Service are given with the accompanying
form.

[Back of No. 1 ]

*[STATEMENT OF CLAIM]

*Where words appear between square brackets, delete if inapplicable

The Plaintiffs' claim is for

*[Signed if statement of claim indorsed]

THIS WRIT was issued by
...........................................................................
........... of
...........................................................................
........................................................ Solicitor for the
said Plaintiff whose address is
...................................................................

*[or where the Plaintiff sues in person

THIS WRIT was issued by the said Plaintiff who resides at
....................................... and (if the Plaintiff does not reside
within the jurisdiction) whose address for service is ........
.......................................]

[Indorsement as to service

(To be completed only when the Writ has been served by the bailiff)

THIS WRIT was served by me at
........................................................................... .
on ............... , on ............... day, the ............... day of
........................................ 19 ........, by (state the manner of
service)

Signed

Name of bailiff ]

(25 of 1998 s. 2)

--------------------

No. 2

Writ of summons in limitation action

(O. 75 r. 3(3))

[Hong Kong Coat of Arms]

19 ......, Folio No. ...............

IN THE HIGH COURT OF HONG KONG

COURT OF FIRST INSTANCE

Admiralty Jurisdiction

Between
AND Plaintiff

Defendant

TO THE DEFENDANT [name]
...........................................................................
... of [address]
...........................................................................
..........................................

THIS WRIT OF SUMMONS has been issued against you by the abovenamed Plaintiff
in respect of the claim set out on the back.

Unless you admit the claim you must within [14 days] after service of this
writ on you, counting the day of service, return to the Registry of the High
Court mentioned below the accompanying ACKNOWLEDGMENT OF SERVICE.

If you fail to return the Acknowledgment within the time stated, the Plaintiff
may proceed with the action without further notice to you.

Issued from the Registry of the High Court this .............. day of
................... 19 .......

Note:-This Writ may not be served later than 12 calendar months beginning with
that date unless renewed by order of the Court.

IMPORTANT

Directions for Acknowledgment of Service are given with the accompanying form.

[Back of No. 2]

The Plaintiff claims

THIS WRIT was issued by
...........................................................................
........... of
...........................................................................
........................................................ Solicitor for the
said Plaintiff whose address is
...................................................................

*[or where the Plaintiff sues in person

THIS WRIT was issued by the said Plaintiff who resides at
....................................... and (if the Plaintiff does not reside
within the jurisdiction) whose address for service is ........
.......................................]

*Where words appear between square brackets, delete if inapplicable

(25 of 1998 s. 2)

--------------------

No. 2A

Notice of writ of summons in limitation action to be served out of
jurisdiction

(O. 75 r. 3(3))

[Heading as in action]

To C.D. of

Take notice that A.B. of
...................................................................... has
begun an action against you, C.D., in the Court of First Instance in Hong Kong
by writ of summons dated the .................. day of
........................................................................... ..
19 ........, which writ is indorsed as follows [copy the indorsement of claim]
and unless you admit the Plaintiff's claim you are required within
.............................. days after receipt of this notice, counting the
day of receipt, to return to the Registry of the High Court the accompanying
Acknowledgment of Service.

And take notice that if you do not return the Acknowledgment within the time
stated, the Plaintiff may proceed with the action without further notice to
you.

(Signed) A.B. .............................................

or X. Y. of

Solicitors for A.B.

IMPORTANT

Directions for Acknowledgment of Service are given with the accompanying form.

(25 of 1998 s. 2)

--------------------

No. 2B

Acknowledgment of Service of Writ of Summons in Action in rem or Limitation
Action

(O. 75 r. 3(5))

Directions for Acknowledgment of Service

1. The accompanying form of ACKNOWLEDGMENT OF SERVICE should be detached and
completed by a Solicitor acting on behalf of the Defendant or by the Defendant
if acting in person. After completion it must be delivered or sent by post to
the Registry of the High Court at the following address:-

2. If in an action in rem a Statement of Claim is indorsed on the Writ

        (i.e. the words "Statement of Claim" appear at the top of the back), a 
Defence must be served within 14 days after the time for acknowledging service
of the Writ.

If a Statement of Claim is not indorsed on the Writ, a Defence need not be
served until 14 days after a Statement of Claim has been served on the
Defendant.

If a Defendant fails to serve a defence within the appropriate time, the
Plaintiff may apply to the Court for judgment against him and, if the property
described in the Writ is under the arrest of the Court, for an order for the
sale of that property.

(1)

[Back of page (1)]

Notes for Guidance

1. Each Defendant (if there is 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.

3. 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 of the description
"partner in the firm of (.......................................)" after his
name.

4. 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 of the
description "trading as (.......................................)" after his
name.

5. Where the Defendant is a LIMITED COMPANY the form must be completed by a
Solicitor or by someone authorised 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.

6. Where the Defendant is a MINOR or a MENTAL PATIENT, the form must be
completed by a Solicitor acting for a guardian ad litem.

7. A Defendant acting in person may obtain help in completing the form at the
Registry of the High Court.

8. These notes deal only with the more usual cases. In case of difficulty a
Defendant in person should refer to paragraph 7 above.

(2)

[Heading as in No. 1 or 2 to be completed by plaintiff]

ACKNOWLEDGMENT OF SERVICE OR WRIT OF SUMMONS IN ACTION IN REM OR LIMITATION
ACTION

If you intend to instruct a Solicitor to act for you, give him this form

IMMEDIATELY

Important. Read the accompanying directions and 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
given against a defendant whereby he or his Solicitor may have to pay the
costs of applying to set it aside. Furthermore, the property described in the
Writ of Summons, if under arrest of the Court, may be sold by order of
the Court.
---------------------------------------------------------------------------
--------------------------------- (*Where words appear between square
brackets, delete if inapplicable)
1. *[In an action in rem
State the description of the Defendant, as stated in the Writ of Summons, by
whom or on whose behalf the service of the Writ is being acknowledged.]

*[In a limitation action

   (a)  If the Defendant by whom or on whose behalf service of the Writ is
        being acknowledged is named in the Writ, state his full name. If he is
        sued in a name different from his own, add "sued as (the name stated
        on the Writ of Summons)".

   (b)  If the Defendant by whom or on whose behalf service of the Writ is
        being acknowledged is one of a class of persons described in the Writ,
        state his full name.
The Defendant should complete (a) or (b), whichever is appropriate, and delete
the other.]
---------------------------------------------------------------------------
--------------------------------- Service of the Writ is acknowledged
accordingly

*(Signed) [Solicitor]

[Defendant in person] Address for Service

(3)

Notes as to Address for Service

Solicitor. Where the Defendant is represented by a Solicitor, state the
Solicitor's place of business in Hong Kong.

Defendant in person. Where the Defendant is acting in person, he must give his
residence OR, if he does not reside in Hong Kong, he must give an address in
Hong Kong where communications for him should be sent. In the
case of a limited company "residence" (居所) means its registered or
principal office.

[Back of Page (3)]

Indorsement by plaintiff's solicitor (or by plaintiff if suing in person) of
his name, address and reference, if any. (L.N. 251 of 1997; 25 of 1998 s. 2)

--------------------

No. 3

Warrant of arrest

(O. 75 r. 5(1))

(Heading as in action)

To the Bailiff :

You are hereby required to arrest the ship
................................................................. of the port
of .........................................................................

(and the cargo now or lately laden therein, together with the freight due for
the transportation thereof,) or (and the freight due for the transportation of
the cargo now or lately laden therein,) and to keep the same under safe arrest
until you shall receive further orders from the High Court.

The plaintiff's claim is for (copy from the writ)

Taken out by ............................. (solicitors for) the
..................................................

Bailiff's indorsement as to service (L.N. 251 of 1997; L.N. 313 of 1997; 25 of
1998 s. 2)

--------------------

No. 4

Praecipe for warrant of arrest

(O. 75 r. 5(4))

(Heading as in action)

We ............................... of
.......................................................... (solicitors for)
the plaintiffs request a warrant to arrest (description of property giving
name, if a ship).

Dated the ................. day of ..................... 19 ......

(Signed) ......................................................

--------------------

No. 5

Praecipe for caveat against arrest

(O. 75 r. 6)

(Description of property giving name, if a ship)

We ............................................ of
........................................................................

(solicitors for ............................ of
........................................................) request a caveat
against the arrest of (description of property giving name, if a ship) and
hereby undertake to enter an acknowledgment of issue or service (as may be
appropriate) in any action that may be begun in the High Court against the
said ............................................. and, within 3 days after
receiving notice that such an action has been begun, to give bail in
the action in a sum not exceeding
............................................................. dollars or to
pay that sum into court. We consent that the writ of summons and any other
document in the action may be left for us at
...........................................................................
................

Dated the ................. day of ..................... 19 ......

(Signed) .................................................... (L.N. 99 of
1993; 25 of 1998 s. 2)

--------------------

No. 6

Praecipe for service of writ in rem by Bailiff

(O. 75 r. 8(3))

(Heading as in action)

We ........................................... of
....................................................... (solicitors for) the
plaintiffs request that the writ of summons left herewith be duly served on
.....................................

Dated the ................. day of ..................... 19 ......

(Signed) ....................................................

--------------------

No. 7

Release

(O. 75 r. 13(1))

(Heading as in action)

To the Bailiff : Whereas in this action you were required to arrest the
.......................................... and to keep the same under safe
arrest until you should receive further orders from the High Court. You are
hereby required to release the said
................................................ from the arrest effected by
virtue of the warrant in this action. Taken out by .........................
(solicitors for) ...........................................................
Bailiff's indorsement On ..................... the
............................................... day of .....................
19 ......., the
...........................................................................
........was released from arrest pursuant to this Instrument.

(Signed) .................................................... Bailiff. (L.N.
313 of 1997; 25 of 1998 s. 2)

--------------------

No. 8

Praecipe for issue of release

(O. 75 r. 13(6))

(Heading as in action)

We ................................. of
......................................................... (solicitors for)
the plaintiffs (or   defendants) in this action against (description of 
property giving name, if a ship), now under arrest, request the issue of a
release with respect to the said ..................... Dated the
................. day of ..................... 19 ......

(Signed) ....................................................

--------------------

No. 9

Praecipe for caveat against release and payment

(O. 75 r. 14(1))

(Description of property giving name, if a ship)

We ................................. of
............................................................. (solicitors for)
................................... of
............................................. request a caveat against the
issue of a release with respect to (description of property giving name, if a
ship) now under arrest and, should the said property be sold by order of
the Court, a caveat against payment out of court of the proceeds of sale. The
intending caveator claims to have an interest [to the extent of approximately
$ ........................... if known] in the above-mentioned property in
respect of [state nature of claim, e.g. salvage, collision damage, etc.].
Dated the ................. day of ..................... 19 ......

(Signed) ....................................................

--------------------

No. 10

Praecipe for withdrawal of caveat

(O. 75 r. 15(1))

(Description of properly giving name, if a ship)

We ................................. of
............................................................. (solicitors for)
................................... of
.................................................... request that the caveat
(state nature of caveat) entered on the ........... day of
............................................... 19 ....... on behalf of
...........................................................................
................... be withdrawn.

Dated the ................. day of ..................... 19 ......

(Signed) ....................................................

--------------------

No. 11

Bail bond

(O. 75 r. 16(1))

(Heading as in action)

WHEREAS this Admiralty action in rem against the above-mentioned property is
pending in the Supreme Court and the parties to the said action are the
above-mentioned plaintiffs and defendants:

Now, THEREFORE, WE, A.B. of
...........................................................................
and C.D. of
........................................................................... .,
hereby jointly and severally submit ourselves to the jurisdiction of the said
Court and consent that if they, the above-mentioned defendants,

        (or   plaintiffs, in the case of a counterclaim) do not pay what may be 
adjudged against them in this action, with costs, or do not pay any sum due to
be paid by them in consequence of any admission of liability therein or under
any agreement by which this action is settled before judgment and which is
filed in the said Court, execution may issue against us, our executors or
administrators, goods and chattels, for the amount unpaid or an amount of
........................ dollars whichever is the less.

A.B. (Signed) ....................................................

C.D. (Signed) ....................................................

This bail bond was signed by the said A.B. and C.D., the sureties, the
........................ day of ......................... 19 ........ Before
me

a Commissioner for Oaths.

--------------------

No. 12

Praecipe for commission for appraisement and sale

(O. 75 r. 23(1))

(Heading as in action)

We .................................. of
.............................................................. (solicitors
for) the plaintiffs (or   defendants) request a commission for the 
appraisement and sale of (description of property giving name, if a ship)
which was ordered by the Court on the ...................... day of
....................... 19 ........

Dated the ................. day of ..................... 19 ......

(Signed) ....................................................

--------------------

No. 13

Commission for Appraisement and Sale

(O. 75 r. 23(2))

(Heading as in action)

To the Bailiff :

WHEREAS in this action the Court has ordered (description of property giving
name, if a ship) to be appraised and sold.

You are hereby authorized and required to choose one or more experienced
persons and to swear him or them to appraise the said
................................................................... according
to the true value thereof, and such value having been certified in writing by
him or them to cause the said
...................................................................... to be
sold by (private treaty) (public auction) for the highest price that can be
obtained for it, but not for less than the appraised value unless the Court on
your application allows it to be sold for less.

And you are further required, immediately upon the sale being completed, to
pay the proceeds thereof into court and to file the certificate of
appraisement signed by you and the appraiser or appraisers, and an account of
the sale signed by you, together with this commission.

Taken out by .................................. (solicitors for) the
............................................. (L.N. 313 of 1997)

--------------------

No. 14

Release and Warrant of Possession

(O. 75)

(Heading as in action)

To the Bailiff : WHEREAS in this action the Court has ordered possession of
the ship (name to be stated), her tackle, apparel and furniture to be
delivered up to ........................... or to his solicitor for his use,
...........................................................................
............................... You are hereby required to release the said
ship, her tackle, apparel and furniture from the arrest made by virtue of the
warrant in that behalf and to deliver possession thereof to the said
....................................... or to his solicitor for his use. Taken
out by ............................... (solicitors for) the
................................................ Bailiff's Indorsement On the
...................... day of
........................................................... 19 ........, the
ship ...................................................... was released from
arrest pursuant to this warrant.

(Signed) ................................................... Bailiff.

Receipt Received from the Bailiff on the ...................... day of
................................ 19 ......., the ship
................................................................... and
everything on board belonging to her.

(Signed) ................................................... (L.N. 313 of
1997)

--------------------

No. 15

Notice to Consular Officer of Intention to Apply for Warrant of Arrest

(O. 75 r. 5(7))

(Heading as in action)

To the Consular Officer of (name of State) The (state nationality) ship (name)
TAKE NOTICE that as solicitors for (name or description of Plaintiff as in
writ) we did on the ................... day of
....................................... 19 ........ (or we intend to)
institute proceedings in the High Court of Hong Kong against the
.......................... above-mentioned ship in respect of a claim by

(name or description of plaintiff) for (state nature of claim as indorsed on
writ) and that we intend to apply to the Court to arrest the said ship. Dated
the ................. day of ..................... 19 ......

(Signed) .................................................... Solicitors for
the Plaintiff.

(25 of 1998 s. 2) (Enacted 1988)

"residence" (居所)