Hong Kong Regulations

THE RULES OF THE DISTRICT COURT - ORDER 7

ORIGINATING SUMMONSES: GENERAL PROVISIONS

(Past version on 01/09/2000).

1. Application (O. 7, r. 1)

The provisions of this Order apply to all originating summonses subject, in
the case of originating summonses of any particular class, to any special
provisions relating to originating summonses of that class made by these Rules
or by or under any written law.

2. Form of summons, etc. (O. 7, r. 2)

(1) Every originating summons (other than an ex parte summons) shall be in
Form No. 8 in Appendix A or, if so authorized or required, in Form No. 10 in
Appendix A, and every ex parte originating summons shall be in Form No. 11 in
Appendix A.

(1A) Form No. 8 in Appendix A is to be used in all cases except where another
form is prescribed under a written law or there is no party on whom the
summons is to be served. (L.N. 153 of 2008)

(1B) Form No. 10 in Appendix A is to be used if it is prescribed under a
written law. (L.N. 153 of 2008)

(1C) Form No. 11 in Appendix A is to be used if there is no party on whom the
summons is to be served. (L.N. 153 of 2008)

(2) The party taking out an originating summons (other than an ex parte
summons) shall be described as a plaintiff, and the other parties shall be
described as defendants.

3. Contents of summons (O. 7, r. 3)

(1) Every originating summons must include a statement of the questions on
which the plaintiff seeks the determination or direction of the Court or, as
the case may be, a concise statement of the relief or remedy claimed in the
proceedings begun by the originating summons with sufficient particulars to
identify the cause or causes of action in respect of which the plaintiff
claims that relief or remedy.

(2) Order 6, rules 3 and 5, shall apply in relation to an originating summons
as they apply in relation to a writ.

4. Concurrent summons (O. 7, r. 4)

Order 6, rule 6, shall apply in relation to an originating summons as it
applies in relation to a writ.

5. Issue of summons (O. 7, r. 5)

(1) An originating summons shall be issued out of the Registry.

(3) Order 6, rule 7, shall apply in relation to an originating  summons as it
applies in relation to a writ.

6. Duration and renewal of summons (O. 7, r. 6)

Order 6, rule 8, shall apply in relation to an originating summons as it
applies in relation to a writ.

7. Ex parte originating summonses (O. 7, r. 7)

(1) Rules 2(1) and (1C), 3(1) and 5(1) shall, so far as applicable, apply to
ex parte originating summonses; but, save as aforesaid, the foregoing rules of
this Order shall not apply to ex parte originating  summonses. (L.N. 153 of
2008)

(2) Order 6, rule 7(3) and (5), shall, with the necessary modifications, apply
in relation to an ex parte originating summons as they apply in relation to a
writ.