Hong Kong Regulations

THE RULES OF THE HIGH COURT - ORDER 9

PETITIONS: GENERAL PROVISIONS

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

1. Application (O. 9, r. 1)

The provisions of this Order apply to all petitions required or authorized
under a written law, subject to any provisions relating to any class of
petition made by that written law or any other written law. (L.N. 152 of 2008)

2. Contents of petition (O. 9, r. 2)

(1) Every petition must include a concise statement of the nature of the claim
made or the relief or remedy required in the proceedings begun thereby.

(2) Every petition must include at the end thereof a statement of the names of
the persons, if any, required to be served therewith or, if no person is
required to be served, a statement to that effect.

(3) Order 6, rule 5, shall, with the necessary modifications, apply in
relation to a petition as it applies in relation to a writ.

3. Presentation of petition (O. 9, r. 3)

A petition may be presented by leaving it at the Registry.

4. Fixing time for hearing petition (O. 9, r. 4)

(1) A day and time for the hearing of a petition which is required to be heard
shall be fixed by the Registrar.

(2) Unless the Court otherwise directs, a petition which is required to be
served on any person must be served on him not less than seven days before the
day fixed for the hearing of the petition.

5. Certain applications not to be made by petition (O. 9, r. 5)

No application in any cause or matter may be made by petition.

6. Right to defend in person (O. 9, r. 6)

(1) Subject to paragraph (2) and to Order 80, rule 2, a respondent to
proceedings begun by petition may (whether or not he is sued as a trustee or
personal representative or in any other representative capacity) defend the
proceedings by a solicitor or in person.

(2) Where the respondent to such proceedings is a body corporate, except as
expressly provided by or under any enactment or where leave is given under
paragraph (3) for such respondent to be represented by one of its directors,
such respondent may not take any step in the proceedings otherwise than by a
solicitor.

(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.

   (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) The Court may at any time revoke the leave given by a Registrar under
paragraph (3).

(6) No appeal shall lie from an order of the Court revoking leave given by a
Registrar. (L.N. 108 of 2002) (Enacted 1988)