Hong Kong Regulations

THE RULES OF THE HIGH COURT - ORDER 5

MODE OF BEGINNING CIVIL PROCEEDINGS IN THE COURT OF FIRST INSTANCE

(Past version on 28/06/2002).
(Past version on 01/07/1997).
(Past version on 30/06/1997).

MODE OF BEGINNING CIVIL PROCEEDINGS IN THE COURT OF FIRST INSTANCE

(25 of 1998 s. 2)

1. Mode of beginning civil proceedings (O. 5, r. 1)

Subject to the provisions of any written law and of these rules, civil
proceedings in the Court of First Instance may be begun by writ or
originating summons.

(25 of 1998 s. 2; L.N. 152 of 2008)

2-3. (Repealed L.N. 152 of 2008)

4. Proceedings which may be begun by writ or originating summons (O. 5, r. 4)

(1) Except in the case of proceedings which under any written law are required
or authorized to be begun by a specific form of originating process,
proceedings may be begun either by writ or by originating summons as the
plaintiff considers appropriate. (L.N. 152 of 2008)

(2) Proceedings-

   (a)  in which the sole or principal question at issue is, or is likely to
        be, one of the construction of any written law or of any instrument
        made under any written law or of any deed, will, contract or other
        document, or some other question of law, or

   (b)  in which there is unlikely to be any substantial dispute of fact, are
        appropriate to be begun by originating summons unless the plaintiff
        intends in those proceedings to apply for judgment under Order 14 or
        Order 86 or for any other reason considers the proceedings more
        appropriate to be begun by writ.

5. Proceedings to be begun by motion or petition (O. 5, r. 5)

Proceedings may be begun by originating motion or petition if, but only if,
under any written law the proceedings in question are required or authorized
to be so begun. (L.N. 152 of 2008)

6. Right to sue in person (O. 5, r. 6)

(1) Subject to paragraph (2) and to Order 80, rule 2, any person

(whether or not he sues as a trustee or personal representative, or in any
other representative capacity) may begin and carry on proceedings in the High
Court by a solicitor or in person. (25 of 1998 s. 2)

(2) A body corporate may not begin or carry on any such proceedings in
the Court otherwise than by a solicitor except-

   (a)  as expressly provided by or under any enactment; or

   (b)  where leave is given under paragraph (3) for it to be represented by
        one of its directors.

(3) (a) An application by a body corporate for leave to be represented by one
of its directors shall be made ex parte to a Registrar and supported by an
affidavit, made by the director and filed with the application, stating and
verifying the reasons why leave should be given for the body corporate to be
represented by the director. (L.N. 99 of 1993; L.N. 108 of 2002)

   (b)  The relevant resolution of the board of the body corporate authorizing
        the director to appear on its behalf if leave is granted shall be
        exhibited to the affidavit.

(4) No appeal shall lie from an order of the Registrar under paragraph (3)
giving or refusing leave.

(5) Leave given by a Registrar under paragraph (3) may be revoked by the Court
at any time.

(6) No appeal shall lie from an order of the Court revoking leave given by a
Registrar.

7. Transitional provision relating to rule
16 of Amendment Rules 2008
(O. 5, r. 7)

Any civil proceedings begun by originating motion or petition before the
commencement* of the Amendment Rules 2008 and pending immediately before the
commencement may be continued and disposed of as if rule 16 of the Amendment
Rules 2008 had not been made. (L.N. 152 of 2008) (Enacted 1988)
_____________________________________________________________________ Note:

* Commencement date: 2 April 2009.