Hong Kong Regulations

THE RULES OF THE HIGH COURT - ORDER 18

PLEADINGS

(Past version on 01/07/1997).
(Past version on 30/06/1997).

1. Service of statement of claim (O. 18, r. 1)

Unless the Court gives leave to the contrary or a statement of claim is
indorsed on the writ, the plaintiff must serve a statement of claim on the
defendant or, if there are two or more defendants, on each defendant, and must
do so either when the writ is served on that defendant or at any time after
service of the writ but before the expiration of 14 days after that defendant
gives notice of intention to defend.

2. Service of defence (O. 18, r. 2)

(1) Subject to paragraphs (2) and (3), a defendant who gives notice 
of intention to defend an action must, unless the Court gives leave to the
contrary, serve a defence on every other party to the action who may be
affected thereby before the expiration of 14 days after the time limited for
acknowledging service of the writ or after the statement of claim is served on
him, whichever is the later. (L.N. 383 of 1996)

(2) If a summons under Order 14, rule 1, or under Order 86, rule 1, is served
on a defendant before he serves his defence, paragraph (1) shall not have
effect in relation to him unless by the order made on the summons he is given
leave to defend the action and, in that case, shall have effect as if it
required him to serve his defence within 14 days after the making of the order
or within such other period as may be specified therein.

(3) Where an application is made by a defendant under Order 12, rule 8(1),
paragraph (1) shall not have effect in relation to him unless the application
is dismissed or no order is made on the application and, in that case, shall
have effect as if it required him to serve his defence within 14 days after
the final determination of the application or within such other period as may
be specified by the Court. (L.N. 383 of 1996)

3. Service of reply and defence to counterclaim (O. 18, r. 3)

(1) A plaintiff on whom a defendant serves a defence must serve a reply on
that defendant if it is needed for compliance with rule 8; and if no reply is
served, rule 14(1) will apply.

(2) A plaintiff on whom a defendant serves a counterclaim must, if he intends
to defend it, serve on that defendant a defence to counterclaim.

(3) Where a plaintiff serves both a reply and a defence to counterclaim on any
defendant, he must include them in the same document.

(4) A reply to any defence must be served by the plaintiff before the
expiration of 14 days after the service on him of that defence, and a defence
to counterclaim must be served by the plaintiff before the expiration of 14
days after the service on him of the counterclaim to which it relates.

4. Pleadings subsequent to reply (O. 18, r. 4)

No pleading subsequent to a reply or a defence to counter-claim shall be
served except with the leave of the Court.

5. Service of pleadings in Summer Vacation (O. 18, r. 5)

Pleadings or amended pleadings shall not be served during the Summer Vacation,
except with the leave of the Court or with the consent of all the parties to
the action.

(HK)5A. Filing of pleadings and originating process (O. 18, r. 5A)

(1) Subject to Order 3, rule 5(3) and subject to the provisions of this rule,
every pleading and originating process shall be filed in the Registry within
the time during which that pleading or originating process may be served by
him on any other party.

(2) A party may apply to the court for further time to file a pleading or
originating process on a summons stating the further time required.

(3) If a party fails to file a pleading or originating process within the time
allowed under paragraph (1) or further time allowed under paragraph (2), he
shall not be at liberty to file that pleading or originating process without
the leave of the Court.

6. Pleadings: formal requirements (O. 18, r. 6)

(1) Every pleading in an action must bear on its face-

   (a)  the year in which the writ in the action was issued and the number of
        the action,

   (b)  the title of the action,

   (d)  the description of the pleading, and

   (e)  the date on which it was served.

(2) Every pleading must, if necessary, be divided into paragraphs numbered
consecutively, each allegation being so far as convenient contained in a
separate paragraph.

(3) Dates, sums and other numbers must be expressed in a pleading in figures
and not in words.

(4) Every pleading must be indorsed-

   (a)  where the party sues or defends in person, with his name and address;

   (b)  in any other case, with the name or firm and business address of the
        solicitor by whom it was served, and also (if the solicitor is the
        agent of another) the name or firm and business address of his
        principal.

(5) Every pleading must be signed by counsel, if settled by him, and, if not,
by the party's solicitor or by the party, if he sues or defends in person.

7. Facts, not evidence, to be pleaded (O. 18, r. 7)

(1) Subject to the provisions of this rule and rules 7A, 10, 11 and 12, every
pleading must contain, and contain only, a statement in a summary form of the
material facts on which the party pleading relies for his claim or defence, as
the case may be, but not the evidence by which those facts are to be proved,
and the statement must be as brief as the nature of the case admits.

(2) Without prejudice to paragraph (1), the effect of any document or the
purport of any conversation referred to in the pleading must, if material, be
briefly stated, and the precise words of the document or conversation must not
be stated, except in so far as those words are themselves material.

(3) A party need not plead any fact if it is presumed by law to be true or the
burden of disproving it lies on the other party, unless the other party has
specifically denied it in his pleading.

(4) A statement that a thing has been done or that an event has occurred,
being a thing or event the doing or occurrence of which, as the case may be,
constitutes a condition precedent necessary for the case of a party is to be
implied in his pleading.

7A. Conviction, etc. to be adduced in evidence: matter to be pleaded (O. 18,
r. 7A)

(1) If in any action which is to be tried with pleadings any party intends, in
reliance on section 62 of the Evidence Ordinance ( Cap 8)

(convictions as evidence in civil proceedings) to adduce evidence that a
person was convicted of an offence by or before a court in Hong Kong, he must
include in his pleading a statement of his intention with particulars of-

   (a)  the conviction and the date thereof,

   (b)  the court which made the conviction, and

   (c)  the issue in the proceedings to which the conviction is relevant.

(2) If in any action which is to be tried with pleadings any party intends, in
reliance on section 63 of the Evidence Ordinance ( Cap 8)

(findings of adultery as evidence in civil proceedings) to adduce evidence
that a person was found guilty of adultery in matrimonial proceedings, he must
include in his pleading a statement of his intention with particulars of-

   (a)  the finding and the date thereof,

   (b)  the court which made the finding and the proceedings in which it was
        made, and

   (c)  the issue in the proceedings to which the finding is relevant.

(3) Where a party's pleading includes such a statement as is mentioned in
paragraph (1) or (2), then if the opposite party-

   (a)  denies the conviction or finding of adultery to which the statement
        relates, or

   (b)  alleges that the conviction or finding was erroneous, or

   (c)  denies that the conviction or finding is relevant to any issue in the
        proceedings, he must make the denial or allegation in his pleading.

8. Matters which must be specifically pleaded (O. 18, r. 8)

(1) A party must in any pleading subsequent to a statement of claim plead
specifically any matter, for example, performance, release, any relevant
statute of limitation, fraud or any fact showing illegality-

   (a)  which he alleges makes any claim or defence of the opposite party not
        maintainable; or

   (b)  which, if not specifically pleaded, might take the opposite party by
        surprise; or

   (c)  which raises issues of fact not arising out of the preceding pleading.

(2) Without prejudice to paragraph (1), a defendant to an action for recovery
of land must plead specifically every ground of defence on which he relies,
and a plea that he is in possession of the land by himself or his tenant is
not sufficient.

(3) A claim for exemplary damages or for provisional damages must be
specifically pleaded together with the facts on which the party pleading
relies.

(4) A party must plead specifically any claim for interest under section 48 of
the Ordinance or otherwise.

9. Matter may be pleaded whenever arising (O. 18, r. 9)

Subject to rules 7(1), 10 and 15(2), a party may in any pleading plead any
matter which has arisen at any time, whether before or since the issue of the
writ.

10. Departure (O. 18, r. 10)

(1) A party shall not in any pleading make any allegation of fact, or raise
any new ground of claim, inconsistent with a previous pleading of his.

(2) Paragraph (1) shall not be taken as prejudicing the right of a party to
amend, or apply for leave to amend, his previous pleading so as to plead the
allegations or claims in the alternative.

11. Points of law may be pleaded (O. 18, r. 11)

A party may by his pleading raise any point of law.

12. Particulars of pleading (O. 18, r. 12)

(1) Subject to paragraph (2), every pleading must contain the necessary
particulars of any claim, defence or other matter pleaded including,
without prejudice to the generality of the foregoing-

   (a)  particulars of any misrepresentation, fraud, breach of trust, wilful
        default or undue influence on which the party pleading relies;

   (b)  where a party pleading alleges any condition of the mind of any
        person, whether any disorder or disability of mind or any malice,
        fraudulent intention or other condition of mind except knowledge,
        particulars of the facts on which the party relies; and (L.N. 404 of
        1991)

   (c)  where a claim for damages is made against a party pleading,
        particulars of any facts on which the party relies in mitigation of,
        or otherwise in relation to, the amount of damages. (L.N. 404 of 1991)

(1A) Subject to paragraph (1B), a plaintiff in an action for 
personal injuries shall serve with his statement of claim-

   (a)  a medical report; and

   (b)  a statement of the special damages claimed. (L.N. 404 of 1991)

(1B) Where the documents to which paragraph (1A) applies are not served with
the statement of claim, the Court may-

   (a)  specify the period of time within which they are to be provided; or

   (b)  make such other order as it thinks fit (including an order dispensing
        with the requirement of paragraph (1A) or staying the proceedings.)
        (L.N. 404 of 1991)

(1C) For the purposes of this rule-

"medical report" (醫學報告) means a report substantiating all the
personal  injuries alleged in the statement of claim which the plaintiff
proposes to adduce in evidence as part of his case at the trial;

"a statement of the special damages claimed"
(關於所申索的專項損害賠償的陳述書) means a statement giving
full particulars of the special damages claimed for expenses and losses
already incurred and an estimate of any future expenses and losses (including
loss of earnings and of pension rights). (L.N. 404 of 1991)

(2) Where it is necessary to give particulars of debt, expenses or damages and
those particulars exceed 3 folios, they must be set out in a separate document
referred to in the pleading and the pleading must state whether the document
has already been served, and, if so, when, or is to be served with the
pleading.

(3) The Court may order a party to serve on any other party particulars of any
claim, defence or other matter stated in his pleading, or in any affidavit of
his ordered to stand as a pleading, or a statement of the nature of the case
on which he relies, and the order may be made on such terms as the Court
thinks just.

(4) Where a party alleges as a fact that a person had knowledge or notice of
some fact, matter or thing, then, without prejudice to the generality of
paragraph (3), the Court may, on such terms as it thinks just, order that
party to serve on any other party-

   (a)  where he alleges knowledge, particulars of the facts on which he
        relies, and

   (b)  where he alleges notice, particulars of the notice.

(5) An order under this rule shall not be made before service of the defence
unless, in the opinion of the Court, the order is necessary or desirable to
enable the defendant to plead or for some other special reason.

(6) Where the applicant for an order under this rule did not apply by letter
for the particulars he requires, the Court may refuse to make the order unless
of opinion that there were sufficient reasons for an application by letter not
having been made.

(7) Where particulars are given pursuant to a request, or order of the Court,
the request or order shall be incorporated with the particulars, each item of
the particulars following immediately after the corresponding item of the
request or order.

13. Admissions and denials (O. 18, r. 13)

(1) Any allegation of fact made by a party in his pleading is deemed to be
admitted by the opposite party unless it is traversed by that party in his
pleading or a joinder of issue under rule 14 operates as a denial of it. (L.N.
403 of 1992)

(2) A traverse may be made either by a denial or by a statement of
non-admission and either expressly or by necessary implication.

(3) Every allegation of fact made in a statement of claim or counterclaim
which the party on whom it is served does not intend to admit must be
specifically traversed by him in his defence or defence to counterclaim, as
the case may be; and a general denial of such allegations, or a general
statement of non-admission of them, is not a sufficient traverse of them.
(L.N. 403 of 1992)

(4) (Repealed L.N. 403 of 1992)

14. Denial by joinder of issue (O. 18, r. 14)

(1) If there is no reply to a defence, there is an implied joinder of issue on
that defence.

(2) Subject to paragraph (3)-

   (a)  there is at the close of pleadings an implied joinder of issue on the
        pleading last served, and

   (b)  a party may in his pleading expressly join issue on the next preceding
        pleading.

(3) There can be no joinder of issue, implied or expressed, on a
statement of claim or counterclaim.

(4) A joinder of issue operates as a denial of every material allegation of
fact made in the pleading on which there is an implied or expressed joinder of
issue unless, in the case of an expressed joinder of issue, any such
allegation is excepted from the joinder and is stated to be admitted, in which
case the expressed joinder of issue operates as a denial of every other such
allegation.

15. Statement of claim (O. 18, r. 15)

(1) A statement of claim must state specifically the relief or remedy which
the plaintiff claims; but costs need not be specifically claimed.

(2) A statement of claim must not contain any allegation or claim in respect
of a cause of action unless that cause of action is mentioned in the writ or
arises from facts which are the same as, or include or form part of, facts
giving rise to a cause of action so mentioned; but subject to that, a
plaintiff may in his statement of claim alter, modify or extend any claim made
by him in the endorsement of the writ without amending the endorsement.

(3) Every statement of claim must bear on its face a statement of the date on
which the writ in the action was issued.

16. Defence of tender (O. 18, r. 16)

Where in any action a defence of tender before action is pleaded, the
defendant must pay into court in accordance with Order 22 the amount alleged
to have been tendered, and the tender shall not be available as a defence
unless and until payment into court has been made.

17. Defence of set-off (O. 18, r. 17)

Where a claim by a defendant to a sum of money (whether of an ascertained
amount or not) is relied on as a defence to the whole or part of a claim made
by the plaintiff, it may be included in the defence and set-off against the
plaintiff's claim, whether or not it is also added as a counterclaim.

18. Counterclaim and defence to counterclaim (O. 18, r. 18)

Without prejudice to the general application of this Order to a counterclaim
and a defence to counterclaim, or to any provision thereof which applies to
either of those pleadings specifically-

   (a)  rules 12(1A), (1B) and (1C) and 15(1) shall apply to a counterclaim as
        if the counterclaim were a statement of claim and the defendant making
        it a plaintiff; (L.N. 404 of 1991)

   (b)  rules 8(2), 16 and 17 shall, with the necessary modifications, apply
        to a defence to counterclaim as they apply to a defence.

19. Striking out pleadings and indorsements (O. 18, r. 19)

(1) The Court may at any stage of the proceedings order to be struck out or
amended any pleading or the indorsement of any writ in the  action, or
anything in any pleading or in the indorsement, on the ground that-

   (a)  it discloses no reasonable cause of action or defence, as the case may
        be; or

   (b)  it is scandalous, frivolous or vexatious; or

   (c)  it may prejudice, embarrass or delay the fair trial of the  action; or

   (d)  it is otherwise an abuse of the process of the court; and may order
        the action to be stayed or dismissed or judgment to be entered
        accordingly, as the case may be.

(2) No evidence shall be admissible on an application under paragraph (1)(a).

(3) This rule shall, so far as applicable, apply to an originating  summons
and a petition as if the summons or petition, as the case may be, were a
pleading.

20. Close of pleadings (O. 18, r. 20)

(1) The pleadings in an action are deemed to be closed-

   (a)  at the expiration of 14 days after service of the reply or, if there
        is no reply but only a defence to counterclaim, after service of the
        defence to counterclaim, or

   (b)  if neither a reply nor a defence to counterclaim is served, at the
        expiration of 14 days after service of the defence.

(2) The pleadings in an action are deemed to be closed at the time provided by
paragraph (1) notwithstanding that any request or order for particulars has
been made but has not been complied with at that time.

21. Trial without pleadings (O. 18, r. 21)

(1) Where in an action to which this rule applies any defendant has given
notice of intention to defend in the action, the plaintiff or that defendant
may apply to the Court by summons for an order that the action shall be tried
without pleadings or further pleadings, as the case may be.

(2) If, on the hearing of an application under this rule, the Court is
satisfied that the issues in dispute between the parties can be defined
without pleadings or further pleadings, or that for any other reason the 
action can properly be tried without pleadings or further pleadings, as the
case may be, the Court shall order the action to be so tried, and may direct
the parties to prepare a statement of the issues in dispute or, if the parties
are unable to agree such a statement, may settle the statement itself.

(3) Where the Court makes an order under paragraph (2), it shall, and where it
dismisses an application for such an order, it may, give such directions as to
the further conduct of the action as may be appropriate, and Order 25, rules 2
to 7 shall, with the omission of so much of rule 7(1) as requires parties to
serve a notice specifying the orders and directions which they desire and with
any other necessary modifications, apply as if the application under this rule
were a summons for directions.

(4) This rule applies to every action begun by writ other than one which
includes-

   (a)  a claim by the plaintiff for libel, slander, malicious prosecution or
        false imprisonment; or (L.N. 363 of 1990)

   (b)  a claim by the plaintiff based on an allegation of fraud.

22. Saving for defence under Merchant Shipping Acts etc. (O. 18, r. 22)

Nothing in Order 75, rules 37 to 40, shall be taken as limiting the right of
any shipowner or other person to rely by way of defence on any provision of
the Merchant Shipping Acts 1894 to 1979# in their application to Hong Kong or
the Merchant Shipping (Local Vessels) Ordinance ( Cap 548), the
Merchant Shipping (Seafarers) Ordinance ( Cap 478) or the Merchant 
Shipping (Safety) Ordinance ( Cap 369), which limits the amount of his
liability in connection with a ship or other property. (L.N. 356 of 1988; 44
of 1995 s. 143; 24 of 2005 s. 55)
___________________________________________________________________________
___ Note: # Please also see following-

   (a)  in relation to the Merchant Shipping Act 1894, Part 3 of Schedule 5 to
        Cap 415 and s. 1 of Schedule 2 to Cap 508;

   (b)  in relation to the Merchant Shipping Acts 1894 to 1979, s. 117 of
        Cap 281, s. 103 of Cap 415 and s. 142 of Cap 478.

"medical report" (醫學報告)

"a statement of the special damages claimed"
(關於所申索的專項損害賠償的陳述書)