Hong Kong Regulations

THE RULES OF THE DISTRICT COURT - ORDER 18

PLEADINGS

(Past version on 01/09/2000).

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 2 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 28 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. 217 of 2000)

(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 28 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) or
(2), 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 28
days after the final determination of the application or within such other
period as may be specified by the Court. (L.N. 153 of 2008)

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 28 days after the service on him of that defence, and a defence
to counterclaim must be served by the plaintiff before the expiration of 28
days after the service on him of the counterclaim to which it relates. (L.N.
153 of 2008)

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

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

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

(1) Subject to Order 3, rule 5(3) and subject to 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 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:
matters 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 49 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

   (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.

(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.

(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 requirements of paragraph (1A) or staying the proceedings).

(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).

(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.

(3A) The Court may make an order under paragraph (3) upon the application of a
party or of its own motion. (L.N. 153 of 2008)

(3B) No order shall be made under paragraph (3) unless the Court is of the
opinion that the order is necessary either for disposing fairly of the cause
or matter or for saving costs. (L.N. 153 of 2008)

(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.

12A. Pleading with inconsistent alternatives
(O. 18, r. 12A)

A party may in any pleading make an allegation of fact which is inconsistent
with another allegation of fact in the same pleading if-

   (a)  the party has reasonable grounds for so doing; and

   (b)  the allegations are made in the alternative. (L.N. 153 of 2008)

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

(1) Subject to paragraph (5), an 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 non-admission of it.

(2) Subject to paragraph (4), 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.

(4) Where an allegation made in a statement of claim or counterclaim is
traversed by a denial, the party who denies the allegation shall in his
defence or defence to counterclaim-

   (a)  state his reasons for doing so; and

   (b)  if he intends to put forward a different version of events from that
        given by the claimant, state his own version. (L.N. 153 of 2008)

(5) A party who-

   (a)  fails to deal with an allegation; but

   (b)  has set out in his defence or defence to counterclaim the nature of
        his case in relation to the issue to which that allegation is
        relevant, is to be taken to require that allegation to be proved.
        (L.N. 153 of 2008) (L.N. 153 of 2008)

14. Non-admission by joinder of issue (O. 18, r. 14) (L.N. 153 of 2008)

(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 non-admission of every material
allegation of fact made in the pleading on which there is an implied or
express joinder of issue unless, in the case of an express joinder of issue,
any such allegation is excepted from the joinder and is stated to be admitted,
in which case the express joinder of issue operates as a non-admission of
every other such allegation. (L.N. 153 of 2008)

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;

   (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, either of its own motion or on application, 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- (L.N. 153 of 2008)

   (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. (L.N. 153 of 2008)

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 28 days after service of the defence. (L.N. 153 of 2008)

(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.

20A. Pleading, etc. to be verified by statement
of truth (O. 18, r. 20A)

(1) A pleading and the particulars of a pleading specified in paragraph (2)
must be verified by a statement of truth in accordance with Order 41A.

(2) The particulars of a pleading referred to in paragraph (1) are the
particulars given by a party to any other party, whether voluntarily or
pursuant to-

   (a)  a request made by that other party; or

   (b)  an order of the Court made under rule 12(3) or (4). (L.N. 153 of 2008)

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 or at any stage of
the proceedings of its own motion, 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 5
to 10- (L.N. 153 of 2008)

   (a)  with the omission of so much of rule 10(1) as requires parties to
        serve a notice specifying the orders and directions which they
        require; and

   (b)  with any other necessary modifications, apply as if the application
        under this rule were a case management summons. (L.N. 153 of 2008)

(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

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

22. Framing of issues (O. 18, r. 22)

At any stage of the proceedings the Court may direct the parties to prepare a
statement of the issues in dispute or, if the parties are unable to agree the
statement, may settle the statement itself. (L.N. 217 of 2000)

23. Transitional provision relating to
rule 42 of Amendment Rules 2008
(O. 18, r. 23)

Where a statement of claim has been served on a defendant before the
commencement* of the Amendment Rules 2008, then rule 42 of the Amendment Rules
2008 does not apply to the defence to the claim and if a counterclaim has been
served on the plaintiff, to the defence to the counterclaim, and rule 13 as in
force immediately before the commencement continues to apply as if rule 42 of
the Amendment Rules 2008 had not been made. (L.N. 153 of 2008)

24. Transitional provision relating to rules 45
and 46 of Amendment Rules 2008
(O. 18, r. 24)

Where a statement of claim has been served on a defendant before the
commencement* of the Amendment Rules 2008, then rules 45 and 46 of the
Amendment Rules 2008 do not apply-

   (a)  in relation to the service of the defence and the reply to that
        defence; and

   (b)  if a counterclaim has been served on the plaintiff, in relation to the
        service of the defence to the counterclaim, and rules 2 and 3 as in
        force immediately before the commencement continue to apply as if
        rules 45 and 46 of the Amendment Rules 2008 had not been made. (L.N.
        153 of 2008)
        ___________________________________________________________________________
        ______________ Note:

* Commencement day: 2 April 2009.

"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)