Hong Kong Regulations

THE RULES OF THE HIGH COURT - ORDER 69

SERVICE OF PROCESS FROM A COUNTRY OR PLACE OUTSIDE HONG KONG

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

PROVISIONS AS TO PROCEEDINGS OF A COUNTRY OR PLACE OUTSIDE HONG KONG (L.N. 39
of 1999)

SERVICE OF PROCESS FROM A COUNTRY OR PLACE OUTSIDE HONG KONG (L.N. 39 of 1999)

1. Definitions (O. 69, r. 1)

In this Order-

"a convention country" (協約國) means a foreign country in relation to
which there subsists a civil procedure convention providing for service in
that country of process of the Court of First Instance, and includes a country
which is a party to the Convention on the Service Abroad of Judicial and
Extra-Judicial Documents in Civil or Commercial Matters signed at The Hague on
15 November 1965; (25 of 1998 s. 2)

"process" (法律程序文件) includes a citation;

"process server" (法律程序文件送達人) means the process server
appointed under rule 4 or his authorized agent;

"taxing master" (訟費評定官) means a taxing master of the High Court. (25
of 1998 s. 2)

2. Applications (O. 69, r. 2)

This Order applies to the service on a person in Hong Kong of any process in
connection with civil or commercial proceedings in a court or tribunal of a
country or place outside Hong Kong where the Registrar receives a written
request for service-

   (a)  from the Chief Secretary for Administration with a recommendation by
        him that service should be effected; (L.N. 362 of 1997)

   (b)  where the court or tribunal is in a convention country, from a
        consular or other authority of that country; or

   (c)  where the court or tribunal is in the Mainland of China, from the
        judicial authorities of the Mainland of China. (L.N. 39 of 1999) (L.N.
        39 of 1999)

3. Service of process (O. 69, r. 3)

(1) If the request is in a language other than either or both of Hong Kong's
official languages, it shall be accompanied by a translation of the request in
either of Hong Kong's official languages, 2 copies of the process and, unless
the court or tribunal of a country or place outside Hong Kong certifies that
the person to be served understands the language of the process, 2 copies of
the translation of the process. (L.N. 39 of 1999)

(2) Subject to paragraphs (3) and (5) and to any enactment providing for the
manner of service of documents on corporate bodies, the process shall be
served by the process server's leaving a copy of the process and a copy of the
translation or certificate, as the case may be, with the person to be served.

(3) The provisions of Order 10, rule 1(2)(b) regarding service by insertion
through a letter-box shall apply to the service of process from a country or
place outside Hong Kong as they apply to the service of writs, except that
service may be proved by an affidavit or by a certificate or report in such
form as the Registrar may direct. (L.N. 39 of 1999)

(4) The process server shall send to the Registrar a copy of the process and
an affidavit, certificate or report proving due service of process or stating
the reason why service could not be effected, as the case may be, and shall,
if the Court so directs, specify the costs incurred in effecting or attempting
to effect service.

(5) Order 65, rule 4 (substituted service) shall apply to the service of
process from a country or place outside Hong Kong as it applies to the service
of writs, except that the Registrar may make an order for substituted service
of process from a country or place outside Hong Kong on the basis of the
process server's affidavit, certificate or report, without an application
being made to him in that behalf. (L.N. 39 of 1999)

(6) The Registrar shall send a certificate, together with a copy of the
process, to the consular or other authority, the judicial authorities of the
Mainland of China or the Chief Secretary for Administration, as the case may
be, stating- (L.N. 362 of 1997; L.N. 39 of 1999)

   (a)  when and how service was effected or the reason why service could not
        be effected, as the case may be;

   (b)  where appropriate, the amount certified by the taxing master to be the
        costs of effecting or attempting to effect service.

(7) The certificate under paragraph (6) shall be sealed with the seal of the
High Court for use out of the jurisdiction. (25 of 1998 s. 2)

4. Appointment of process server (O. 69, r. 4)

The process server for the purposes of this Order shall be the Chief Bailiff.
(Enacted 1988)

"a convention country" (協約國)

"process" (法律程序文件)

"process server" (法律程序文件送達人)

"taxing master" (訟費評定官)