Hong Kong Regulations

THE RULES OF THE HIGH COURT - ORDER 6

WRITS OF SUMMONS: GENERAL PROVISIONS

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

1. Form of Writ, etc. (O. 6, r. 1)

Every writ must be in Form No. 1 in Appendix A.

2. Indorsement of claim (O. 6, r. 2)

(1) Before a writ is issued it must be indorsed-

   (a)  with a statement of claim or, if the statement of claim is not
        indorsed on the writ, with a concise statement of the nature of the
        claim made or the relief or remedy required in the action begun
        thereby;

   (b)  where the claim made by the plaintiff is for a debt or liquidated
        demand only, with a statement of the amount claimed in respect of the
        debt or demand and for costs and also with a statement that further
        proceedings will be stayed if, within the time limited for
        acknowledging service, the defendant pays the amount so claimed to the
        plaintiff, his
solicitor or agent; and   (L.N. 152 of 2008)


   (c)  where the only remedy that the plaintiff is seeking is the payment of
        money, with a statement that the defendant may make an admission in
        accordance with Order 13A within the period fixed for service of his
        defence. (L.N. 152 of 2008)

3. Indorsement as to capacity (O. 6, r. 3)

Before a writ is issued it must be indorsed-

   (a)  where the plaintiff sues in a representative capacity, with a
        statement of the capacity in which he sues;

   (b)  where a defendant is sued in a representative capacity, with a
        statement of the capacity in which he is sued.

5. Indorsement as to solicitor and address (O. 6, r. 5)

(1) Before a writ is issued it must be indorsed-

   (a)  where the plaintiff sues by a solicitor, with the plaintiff's address
        and the solicitor's name or firm and a business address of his within
        the jurisdiction and also (if the solicitor is the agent of another)
        the name or firm and business address of his principal;

   (b)  where the plaintiff sues in person, with the address of his place of
        residence and, if his place of residence is not within the
        jurisdiction or if he has no place of residence, the address of a
        place within the jurisdiction at or to which documents for him may be
        delivered or sent.

(2) The address for service of a plaintiff shall be-

   (a)  where he sues by a solicitor, the business address to which may be
        added a numbered box at a document exchange of the solicitor indorsed
        on the writ;

   (b)  where he sues in person, the address within the jurisdiction indorsed
        on the writ.

(3) Where a solicitor's name is indorsed on a writ, he must, if any defendant
who has been served with or who has acknowledged service of the writ requests
him in writing so to do, declare in writing whether the writ was issued by him
or with his authority or privity.

(4) If a solicitor whose name is indorsed on a writ declares in writing that
the writ was not issued by him or with his authority or privity, the Court may
on the application of any defendant who has been served with or who has
acknowledged service of the writ, stay all proceedings in the action begun by
the writ.

6. Concurrent writ (O. 6, r. 6)

(1) One or more concurrent writs may, at the request of the plaintiff, be
issued at the time when the original writ is issued or at any time thereafter
before the original writ ceases to be valid.

(2) Without prejudice to the generality of paragraph (1), a writ for service
within the jurisdiction may be issued as a concurrent writ with one which is
to be served out of the jurisdiction and a writ which is to be served out of
the jurisdiction may be issued as a concurrent writ with one for service
within the jurisdiction.

(3) A concurrent writ is a true copy of the original writ with such
differences only (if any) as are necessary having regard to the purpose for
which the writ is issued.

7. Issue of writ (O. 6, r. 7)

(1) No writ which is to be served out of the jurisdiction shall be issued
without the leave of the Court: Provided that if every claim made by a writ is
one which by virtue of any written law the Court of First Instance has power
to hear and determine notwithstanding that the person against whom the claim
is made is not within the jurisdiction of the Court or that the wrongful act,
neglect or default giving rise to the claim did not take place within its
jurisdiction, the foregoing provision shall not apply to the writ. (25 of 1998
s. 2)

(3) Issue of a writ takes place upon its being sealed by an officer of the
Registry.

(4) The officer by whom a concurrent writ is sealed must mark it as a
concurrent writ with an official stamp.

(5) No writ shall be sealed unless at the time of the tender thereof for
sealing the person tendering it leaves at the office at which it is tendered a
copy thereof signed, where the plaintiff sues in person, by him or, where he
does not so sue, by or on behalf of his solicitor.

8. Duration and renewal of writ (O. 6, r. 8)

(1) For the purpose of service, a writ (other than a concurrent writ) is valid
in the first instance for twelve months beginning with the date of its issue
and a concurrent writ is valid in the first instance for the period of
validity of the original writ which is unexpired at the date of issue of the
concurrent writ.

(2) Where a writ has not been served on a defendant, the Court may by order
extend the validity of the writ from time to time for such period, not
exceeding twelve months at any one time, beginning with the day next following
that on which it would otherwise expire, as may be specified in the order, if
an application for extension is made to the  Court before that day or such
later day (if any) as the Court may allow.

(3) Before a writ, the validity of which has been extended under this rule, is
served, it must be marked with an official stamp showing the period for which
the validity of the writ has been so extended.

(4) Where the validity of a writ is extended by order made under this rule,
the order shall operate in relation to any other writ (whether original or
concurrent) issued in the same action which has not been served so as to
extend the validity of that other writ until the expiration of the period
specified in the order. (Enacted 1988)