Hong Kong Regulations

THE RULES OF THE DISTRICT COURT - ORDER 42

JUDGMENTS AND ORDERS

(Past version on 01/08/2008).
(Past version on 01/09/2000).

JUDGMENTS, ORDERS, ACCOUNTS AND INQUIRIES

1. Form of judgment and interest
thereon, etc. (O. 42, r. 1)

(1) If, in the case of any judgment, a form thereof is prescribed by Appendix
A the judgment must be in that form. (See Appendix A, Forms 39-45, 48, 49)

(2) The party entering any judgment shall be entitled to have recited therein
a statement of the manner in which, and the place at which, the writ or other
originating process by which the cause or matter in question was begun was
served.

(3) An order other than a consent order to which rule 5A applies must be
marked with the name of the judge or the master by whom it was made and must
be sealed.

1A. Judgment in favour of reversioner for
detention of goods (O. 42, r. 1A)

(1) Where a claim relating to the detention of goods is made by a
partial owner whose right of action is not founded on a possessory title, any
judgment or order given or made in respect of the claim shall be for the
payment of damages only.
In this paragraph "partial owner" (部分擁有人) means one of 2 or more
persons having interest in the goods, unless he has the written authority of
every other such person to sue on the latter's behalf.

2. Judgment, etc. requiring act to be done: time for
doing it (O. 42, r. 2)

(1) Subject to paragraph (2), a judgment or order which requires a person to
do an act must specify the time after service of the judgment or order, or
some other time, within which the act is to be done.

(2) Where the act which any person is required by any judgment or order to do
is to pay money to some other person, give possession of any land or deliver
any goods, a time within which the act is to be done need not be specified in
the judgment or order by virtue of paragraph (1), but the foregoing provision
shall not affect the power of the Court to specify such a time and to adjudge
or order accordingly.

3. Date from which judgment or order takes
effect (O. 42, r. 3)

(1) A judgment or order of the Court takes effect from the day of its date.

(2) Such a judgment or order shall be dated as of the day on which it is
pronounced, given or made, unless the Court orders it to be dated as of some
other earlier or later day, in which case it shall be dated as of that other
day.

(3) A judgment or order shall take effect for the purposes of this rule
notwithstanding that the reasons therefor may not be given until a later date.

4. Orders required to be drawn up (O. 42, r. 4)

(1) Subject to paragraph (2), every order of the Court shall be drawn up
unless the Court otherwise directs.

(2) An order-

   (a)  which-

        (i)    extends the period within which a person is required or
               authorized by these Rules, or by any judgment, order or
               direction, to do any act; or

        (ii)   grants leave for the doing of any of the acts mentioned in
               paragraph (3); and

   (b)  which neither imposes any special terms nor includes any special
        directions other than a direction as to costs, need not be drawn up
        unless the Court otherwise directs.

(3) The acts referred to in paragraph (2)(a)(ii) are-

   (a)  the issue of any writ, other than a writ of summons for service out of
        the jurisdiction;

   (b)  the amendment of a writ of summons or other originating process or a
        pleading;

   (c)  the filing of any document;

   (d)  any act to be done by an officer of the Court other than a solicitor;

   (e)  the extension of the validity of a writ;

   (f)  the abridgement of time for service of a summons;

   (g)  the adjournment of the hearing of a summons;

   (h)  the adjournment of the trial of an action;

   (i)  an order made by a judge ordering that an application or summons shall
        be heard by the master or a similar order made by the master that an
        application or summons shall be heard by a judge;

   (j)  leave to inspect and take copies of documents filed in the Registry;
        (L.N. 153 of 2008)

   (k)  the transfer of an action from one list to another; and (L.N. 153 of
        2008)

   (l)  the vacation or variation of the dates upon which an action has been
        set down to be heard. (L.N. 153 of 2008)

5. Drawing up and entry of judgments and
orders (O. 42, r. 5)

(1) Where a judgment given in a cause or matter is presented for entry in
accordance with this rule at the Registry, it shall be entered in the book
kept for the purpose by the Registrar.

(2) The party seeking to have such a judgment entered must draw up the
judgment and present it to the Registrar for entry.

(3) A party presenting a judgment for entry must produce any certificate,
order or other document needed to satisfy the Registrar that he is entitled to
have the judgment entered.

(4) On entering any such judgment the Registrar shall file the judgment.

(5) Every order made and required to be drawn up must be drawn up by the party
initiating the application upon which the order was made and if that party
fails to draw up the order within 7 days after it is made any other party
affected by the order may draw it up.

(6) The order referred to in paragraph (5) must, when drawn up, be produced at
the Registry, together with a copy thereof, and when passed by the Registrar
the order, after it has been sealed, shall be returned to the party producing
it and the copy shall be lodged in the Registry.

5A. Consent judgments and orders (O. 42, r. 5A)

(1) Subject to paragraphs (2), (3) and (5), where all the parties to a cause
or matter are agreed upon the terms in which a judgment should be given, or an
order should be made, a judgment or order in such terms may be given effect as
a judgment or order of the Court by the procedure provided in rule 5.

(2) This rule applies to any judgment or order which consists of one or more
of the following-

   (a)  any judgment or order for-

        (i)    the payment of a liquidated sum, or damages to be assessed, or
               the value of goods to be assessed;

        (ii)   the delivery up of goods, with or without the option of paying
               the value of the goods to be assessed, or the agreed value;

        (iii)  the possession of land where the claim does not relate to a
               dwelling-house;

   (b)  any order for-

        (i)    the dismissal, discontinuance or withdrawal of any proceedings,
               wholly or in part;

        (ii)   the stay of proceedings, either unconditionally or upon
               conditions as to the payment of money;

        (iii)  the stay of proceedings upon terms which are scheduled to the
order but which are not otherwise part of it (a "Tomlin order");

        (iv)   the stay of enforcement of a judgment, either unconditionally
               or upon condition that the money due under judgment is paid by
               instalments specified in the order;

        (v)    the setting aside of a judgment in default;

        (vi)   the transfer of any proceedings to the Court of First Instance
               or the Lands Tribunal pursuant to section 42 of the Ordinance;
               (L.N. 153 of 2008)

        (vii)  the payment out of money in court;

        (viii) the discharge from liability of any party;

        (ix)   the payment, taxation or waiver of costs, or such provision for
               costs as may be agreed;

   (c)  any order, to be included in a judgment or order to which the
        preceding paragraphs apply, for-

        (i)    the extension of the period required for the service or filing
               of any pleading or other document;

        (ii)   the withdrawal of the record;

        (iii)  liberty to apply, or to restore.

(3) Before any judgment, or order to which this rule applies may be entered,
or sealed, it must be drawn up in the terms agreed and expressed
as being "By Consent" and it must be endorsed by solicitors acting for each of
the parties.

(5) This rule shall not apply to any judgment or order in proceedings in which
any of the parties is a litigant in person or a person under a disability.

5B. Handing down reasons for judgment
or order (O. 42, r. 5B)

(1) Where it has been announced that a judgment or order and reasons therefor
or the reasons for a judgment or order previously pronounced will be given in
writing, the Court may on the date fixed, instead of reading in full the
judgment or order and reasons therefor or the reasons, as the case may be,
hand down a copy thereof for each of the parties and endorse the record
accordingly.

(2) Where a date has been fixed for handing down a judgment or order and
reasons therefor or the reasons for a judgment or order previously pronounced,
notice thereof shall be given to the parties, but it shall not be necessary
for them to appear by counsel or solicitor or in person.

(3) Where a written judgment is handed down pursuant to this rule the Court
may make therein an order nisi as to costs and, unless an application has been
made to vary that order, that order shall become absolute 14 days after the
decision is pronounced.

(4) Where the judgment or order and reasons therefor or the reasons are given
at a later date and, being recorded in writing, are not read in full,
the Court shall-

   (a)  lodge a copy thereof in the High Court Library; and

   (b)  make a copy thereof available for public inspection in the Registry.

6. Certified copies of judgments (O. 42, r. 6)

(1) An application under section 21 of the Mainland Judgments 
(Reciprocal Enforcement) Ordinance ( Cap 597) (in this rule referred to as
“the Ordinance”) for a certified copy of a judgment given by the Court
shall be made ex parte to the Registrar on affidavit.

(2) The affidavit shall-

   (a)  exhibit the original or a verified or certified or otherwise duly
        authenticated copy of the relevant choice of Hong Kong court
        agreement;

   (b)  give particulars of the proceedings in which the judgment was
        obtained;

   (c)  state the amount in respect of which the judgment remains unsatisfied
        at the date of the application;

   (d)  state whether the defendant did or did not object to the jurisdiction
        and, if he objected, on what grounds;

   (e)  state whether any action has been taken to enforce the judgment in
        Hong Kong and, if so, the details of such enforcement;

   (f)  show that the judgment is not subject to any stay of execution;

   (g)  state that the time for appealing has expired or, as the case may be,
        the date on which it will expire and in either case whether any notice
        of appeal against the judgment has been entered; and

   (h)  state the rate at which the judgment carries interest.

(3) The certified copy of the judgment shall be an office copy sealed with the
seal of the Court and indorsed with a certificate signed by the Registrar
certifying that the copy is a true copy of a judgment obtained in the Court
and that it is issued in accordance with section 21 of the Ordinance.

(4) The certificate issued by the Court under section 21(3) of the Ordinance
shall have annexed to it a copy of the writ, originating summons or other
process by which the proceedings were begun and a copy of the reasoned
judgment (if any), and state-

(a) what pleadings, if any, were served;

   (b)  the manner in which the writ or such summons or other process was
        served on the defendant or that the defendant acknowledged service of
        the writ or summons or process;

   (c)  the amount in respect of which the judgment remains unsatisfied at the
        date of the application as stated by the deponent in the affidavit by
        which the application is made;

   (d)  what objections, if any, were made to the jurisdiction;

   (e)  the date from which the judgment takes effect;

   (f)  whether any action has been taken to enforce the judgment in Hong Kong
        and, if so, the details of such enforcement;

   (g)  that the time for appealing has expired or, as the case may be, the
        date on which it will expire;

   (h)  whether any notice of appeal against the judgment has been entered;

   (i)  the rate at which the judgment carries interest; and

   (j)  such other particulars as it may be necessary to give to the  court in
        the Mainland in which it is sought to obtain execution of the
        judgment.

(5) The certificate shall be signed by the Registrar and sealed with the seal
of the Court.

(6) In this rule- “choice of Hong Kong court agreement”
(選用香港法院協議) has the meaning assigned to it by section 2 of the
Ordinance; “judgment” (判決) includes any judgment, order and allocatur
in civil or commercial matters; “Mainland” (內地) has the meaning
assigned to it by section 2 of the Ordinance.

(9 of 2008 s. 27)

"partial owner" (部分擁有人) “choice of Hong Kong court agreement”
(選用香港法院協議) “judgment” (判決) “Mainland” (內地)