Hong Kong Regulations

THE RULES OF THE DISTRICT COURT - ORDER 2

EFFECT OF NON-COMPLIANCE

(Past version on 01/09/2000).

1. Non-compliance with Rules (O. 2, r. 1)

(1) Where, in beginning or purporting to begin any proceedings or at any stage
in the course of or in connection with any proceedings, there has, by reason
of any thing done or left undone, been a failure to comply with the
requirements of these Rules, whether in respect of time, place, manner, form
or content or in any other respect, the failure shall be treated as an
irregularity and shall not nullify the proceedings, any step taken in the
proceedings, or any document, judgment or order therein.

(2) Subject to paragraph (3), the Court may, on the ground that there has been
such failure as is mentioned in paragraph (1), and on such terms as to costs
or otherwise as it thinks just, set aside either wholly or in part the
proceedings in which the failure occurred, any step taken in those proceedings
or any document, judgment or order therein or exercise its powers under these
Rules to allow such amendments (if any) to be made and to make such order (if
any) dealing with the proceedings generally as it thinks fit.

(3) The Court shall not wholly set aside any proceedings or the writ or other
originating process by which they were begun on the ground that the
proceedings ought to have begun by an originating process other than the one
employed, but shall instead give directions for the continuation of the
proceedings in an appropriate manner. (L.N. 153 of 2008)

2. Application to set aside for irregularity (O. 2, r. 2)

(1) An application to set aside for irregularity any proceedings, any step
taken in any proceedings or any document, judgment or order therein shall not
be allowed unless it is made within a reasonable time and before the party
applying has taken any fresh step after becoming aware of the irregularity.

(2) An application under this rule may be made by summons and the grounds of
application must be stated in the summons.

3. Non-compliance with rules and
court orders (O. 2, r. 3)

(1) The Court may order a party to pay a sum of money into court if that party
has, without good reason, failed to comply with a rule or court order.

(2) When exercising its power under paragraph (1), the Court shall have regard
to-

   (a)  the amount in dispute; and

   (b)  the costs which the parties have incurred or which they may incur.

(3) Where a party pays money into court following an order under paragraph
(1), the money is security for any sum payable by that party to any other
party in the proceedings. (L.N. 153 of 2008)

4. Sanctions have effect unless defaulting
party obtains relief (O. 2, r. 4)

Where a party has failed to comply with a rule or court order, any sanction
for failure to comply imposed by the rule or court order has effect unless the
party in default applies to the Court for and obtains relief from the sanction
within 14 days of the failure. (L.N. 153 of 2008)

5. Relief from sanctions (O. 2, r. 5)

(1) On an application for relief from any sanction imposed for a failure to
comply with any rule or court order, the Court shall consider all the
circumstances including-

   (a)  the interests of the administration of justice;

   (b)  whether the application for relief has been made promptly;

   (c)  whether the failure to comply was intentional;

   (d)  whether there is a good explanation for the failure to comply;

   (e)  the extent to which the party in default has complied with other rules
        and court orders;

   (f)  whether the failure to comply was caused by the party in default or
        his legal representative;

   (g)  in the case where the party in default is not legally represented,
        whether he was unaware of the rule or court order, or if he was aware
        of it, whether he was able to comply with it without legal assistance;

   (h)  whether the trial date or the likely trial date can still be met if
        relief is granted;

   (i)  the effect which the failure to comply had on each party; and

   (j)  the effect which the granting of relief would have on each party.

(2) An application for relief must be supported by evidence. (L.N. 153 of
2008)