Hong Kong Regulations

THE RULES OF THE HIGH COURT - ORDER 7

ORIGINATING SUMMONS: GENERAL PROVISIONS

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

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 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. 152 of 2008)

(1B) Form No. 10 in Appendix A is to be used if it is prescribed under a
written law. (L.N. 152 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. 152 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) This rule is subject to Order 53, rule 5(1) and Order 54, rule 2(3). (L.N.
152 of 2008)

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 of First
Instance 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.

(25 of 1998 s. 2)

(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 (except paragraph (2)), 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. 152 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. (Enacted 1988)