Hong Kong Regulations

THE RULES OF THE DISTRICT COURT - ORDER 113

SUMMARY PROCEEDINGS FOR POSSESSION OF LAND

1. Application for summary proceedings for
possession of land (O. 113, r. 1)

Where a person claims possession of land which he alleges is occupied solely
by a person or persons (not being a tenant or tenants holding over after the
termination of the tenancy) who entered into or remained in occupation without
his licence or consent or that of any predecessor in title of his, the
proceedings may be brought by originating summons in accordance with the
provisions of this Order.

1A. Jurisdiction of masters (O. 113, r. 1A)

Proceedings under this Order may be heard and determined by a master, who may
refer them to a judge if he thinks they should properly be decided by the
judge.

2. Form of originating summons (O. 113, r. 2)

The originating summons shall be in Form No. 11A in Appendix A and no
acknowledgment of service of it shall be required.

3. Affidavit in support (O. 113, r. 3)

The plaintiff shall file in support of the originating summons an affidavit
stating-

   (a)  his interest in the land;

   (b)  the circumstances in which the land has been occupied without licence
        or consent and in which his claim to possession arises; and

   (c)  that he does not know the name of any person occupying the land who is
        not named in the summons.

4. Service of originating summons (O. 113, r. 4)

(1) Where any person in occupation of the land is named in the
originating summons, the summons together with a copy of the affidavit in
support shall be served on him-

   (a)  personally; or

   (aa) by sending a copy of the summons and of the affidavit by ordinary post
        to him at the premises; or

   (b)  by leaving a copy of the summons and of the affidavit at the premises;
        or

   (c)  in such other manner as the Court may direct.

(2) The summons shall, in addition to being served on the named defendants (if
any) in accordance with paragraph (1), be served, unless the Court otherwise
directs, by-

   (a)  affixing a copy of the summons and a copy of the affidavit to the main
        door or other conspicuous part of the premises; and

   (b)  if practicable, inserting through the letter-box at the premises a
        copy of the summons and a copy of the affidavit enclosed in a
sealed envelope addressed to "the occupiers".

(2A) Every copy of an originating summons for service under paragraph (1) or
(2) shall be sealed with the seal of the Court.

(3) Order 28, rule 3, shall not apply to proceedings under this Order.

5. Application by occupier to be made
a party (O. 113, r. 5)

Without prejudice to Order 15, rules 6 and 10, any person not named as a
defendant who is in occupation of the land and wishes to be heard on the
question whether an order for possession should be made may apply at any stage
of the proceedings to be joined as a defendant.

6. Order for possession (O. 113, r. 6)

(1) A final order shall, except in case of urgency and by leave of the Court,
not be made less than 5 clear days after the date of service.

(2) An order for possession in proceedings under this Order shall be in Form
No. 42A in Appendix A.

(3) Nothing in this Order shall prevent the Court from ordering possession to
be given on a specified date, in exercise of any power which could have been
exercised if possession had been claimed in an action begun by writ.

7. Writ of possession (O. 113, r. 7)

(1) Order 45, rule 3(2) shall not apply in relation to an order for possession
under this Order but no writ of possession to enforce such an order shall be
issued after the expiry of 3 months from the date of the order without the
leave of the Court. An application for leave may be made ex parte unless
the Court otherwise directs.

(2) The writ of possession shall be in Form No. 66A in Appendix A.

8. Setting aside order (O. 113, r. 8)

The judge may, on such terms as he thinks just, set aside or vary any order
made in proceedings under this Order.