Capítulo: 336H Reglamento del Tribunal de distrito, Hong Kong (China)

2. Application (O. 1, r. 2)

(1) Subject to this rule, these Rules shall have effect in relation to all proceedings in the Court.

(2) These Rules shall not have effect in relation to proceedings of the kinds specified in column 1 of the following Table (being proceedings in respect of which rules may be made under the enactments specified in column 2 of that Table).

TABLE

Proceedings Enactments

1. (Repealed L.N. 221 of 2001)
2. Adoption proceedings. Adoption Ordinance (Cap 290), section 12.
3. (Repealed L.N. 153 of 2008)
4. (Repealed L.N. 221 of 2001)
5. (Repealed L.N. 153 of 2008)

(2A) Subject to paragraph (2B), these Rules shall not have effect in relation to- (L.N. 153 of 2008)

(a)

proceedings under Part III of the Landlord and Tenant (Consolidation) Ordinance (Cap 7);

(b)

matrimonial proceedings (except for an appeal against any judgment, order or decision of a judge to which Order 58 shall apply); (L.N. 153 of 2008)

(ba) proceedings under the Domestic and Cohabitation Relationships Violence Ordinance (Cap 189) (except for an appeal against any judgment, order or decision of a judge to which Order 58 applies);

(L.N. 153 of 2008; 18 of 2009 s. 19)

(c) proceedings-

(i)

for the recovery of employees' compensation; and

(ii)

in respect of which rules are made under section 50 of the Employees' Compensation Ordinance (Cap 282). (L.N. 221 of 2001)

(2B) Subject to section 85(1) of the Landlord and Tenant (Consolidation) Ordinance (Cap 7), Order 58 has effect in relation to an appeal against a judgment, order or decision of the Court made under Part III of that Ordinance. (L.N. 153 of 2008)

(3)

These Rules shall not have effect in relation to any criminal proceedings other than any criminal proceedings to which Order 62 applies.

(4)

In the case of the proceedings mentioned in paragraphs (2), (2A) and (3), nothing in those paragraphs shall be taken as affecting any provision of any rules (whether made under the Ordinance or any other Ordinance) by virtue

of which the Rules of the District Court or any provision thereof is applied in relation to any of those proceedings.

1. 3. Application of Interpretation and General Clauses Ordinance (O. 1, r. 3)
2. The Interpretation and General Clauses Ordinance (Cap 1) shall apply to the interpretation of these Rules as it applies to subsidiary legislation made after the commencement of that Ordinance.
1. 4. Definitions (O. 1, r. 4)

(1) In these Rules, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, namely- "action for personal injuries" (就人身傷害而提出的訴訟) means an action in which there is a claim for damages in

respect of personal injuries to the plaintiff or any other person or in respect of a person's death, and "personal injuries" (人身傷害) includes any disease and any impairment of a person's physical or mental condition; (L.N. 153 of 2008)

"aided person" (受助人) means an aided person within the meaning of the Legal Aid Ordinance (Cap 91); (L.N. 153 of 2008) "Amendment Rules 2008" (《2008年修訂規則》) means the Rules of the District Court (Amendment) Rules 2008

(L.N. 153 of 2008); (L.N. 153 of 2008) "bailiff" (執達主任) means a bailiff of the High Court and any person lawfully authorized to execute the process of the Court; "cause book" (訟案登記冊) means the book or any computer record kept in the Registry in which the letter and number of, and other details relating to, a cause or matter are entered; "judgment rate" (判定利率) means the rate of interest determined by the Chief Justice under section 50(1)(b) of the

Ordinance; (18 of 2003 s. 22)

"master" (聆案官) means a master of the Court and includes the Registrar, and deputy and assistant registrars;

"money lender's action" (放債人訴訟) has the meaning assigned to it by Order 83A;

"notice of intention to defend" (擬抗辯通知書) means an acknowledgment of service containing a statement to the

effect that the person by whom or on whose behalf it is signed intends to contest the proceedings to which the acknowledgment relates; "officer" (人員) means an officer of the Court; "the Ordinance" (本條例) means the District Court Ordinance (Cap 336); "originating summons" (原訴傳票) means every summons other than a summons in a pending cause or matter; "pleading" (狀書) does not include a summons or preliminary act; "practice direction" (實務指示) means

(a) a direction issued by the Chief Justice as to the practice and procedure of the Court; or

(b) a direction issued by a specialist judge for his specialist list; (L.N. 153 of 2008) "receiver" (接管人) includes a manager and consignee; "Registrar" (司法常務官) means the Registrar of the Court; and includes a deputy registrar or an assistant registrar; "Registry" (登記處) means the Registry of the Court; "writ" (令狀) means a writ of summons; "written law" (成文法律) includes "Ordinance" and "enactment" as defined in section 3 of the Interpretation and

General Clauses Ordinance (Cap 1). (L.N. 153 of 2008)

(2) In these Rules, unless the context otherwise requires, "the Court" (區域法院) means the District Court or any judge thereof whether sitting in court or in chambers or the Registrar or any master but the foregoing provision

shall not be taken as affecting any provision of these Rules and, in particular, Order 32, rule 16 by virtue of which the authority and jurisdiction of the Registrar is defined and regulated.

(3) In these Rules, unless the context otherwise requires, any reference to acknowledging service of a document or giving notice of intention to defend any proceedings is a reference to lodging in the Registry an acknowledgment of

service of that document or, as the case may be, a notice of intention to defend those proceedings.

(4)

For the purposes of the definition "cause book", the book kept in the Registry may be in written form or in such other form or medium which can be reproduced in written form.

5.

Construction of references to Orders, rules, etc. (O. 1, r. 5)

(1)

Unless the context otherwise requires, any reference in these Rules to a specified Order, rule or Appendix is a reference to that Order or rule of, or that Appendix to, these Rules and any reference to a specified rule, paragraph or subparagraph is a reference to that rule of the Order, that paragraph of the rule or that subparagraph of the paragraph in which the reference occurs.

(2)

Any reference in these Rules to anything done under a rule of these Rules includes a reference to the same thing done under a rule of these Rules before the commencement of that rule under any corresponding rule of court ceasing to have effect on the commencement of that rule.

(3)

Except where the context otherwise requires, any reference in these Rules to any written law shall be construed as a reference to that written law as amended, extended or applied by or under any other written law.

6.

Construction of references to action, etc., for possession of land (O. 1, r. 6)

Except where the context otherwise requires, references in these Rules to an action or claim for the possession of land shall be construed as including references to proceedings against the Government for an order declaring that the plaintiff is entitled as against the Government to the land or to the possession thereof.

6A. Construction of references to Registrar

(O. 1, r. 6A)

Wherever the word "Registrar" appears in these Rules and forms, there may be substituted the word "master" when and where appropriate.

(L.N. 153 of 2008)

1. Forms (O. 1, r. 9)
2. The forms in the Appendices shall be used where applicable with such variations as the circumstances of the particular case require.
1. Rules not to exclude conduct of business by post (O. 1, r. 10)

Nothing in these Rules shall prejudice any power to regulate the practice of the Court by giving directions enabling any business or class of business to be conducted by post.

1. Underlying objectives (O. 1A, r. 1)

The underlying objectives of these Rules are

(a)

to increase the cost-effectiveness of any practice and procedure to be followed in relation to proceedings before the Court;

(b)

to ensure that a case is dealt with as expeditiously as is reasonably practicable;

(c)

to promote a sense of reasonable proportion and procedural economy in the conduct of proceedings;

(d)

to ensure fairness between the parties;

(e)

to facilitate the settlement of disputes; and

(f)

to ensure that the resources of the Court are distributed fairly.

2. Application by the Court of underlying objectives (O. 1A, r. 2)

(1) The Court shall seek to give effect to the underlying objectives of these Rules when it

(a)

exercises any of its powers (whether under its inherent jurisdiction or given to it by these Rules or otherwise); or

(b)

interprets any of these Rules or a practice direction.

(2) In giving effect to the underlying objectives of these Rules, the Court shall always recognize that the primary aim in exercising the powers of the Court is to secure the just resolution of disputes in accordance with the substantive rights of the parties.

1. Duty of the parties and their legal representatives (O. 1A, r. 3)
2. The parties to any proceedings and their legal representatives shall assist the Court to further the underlying objectives of these Rules.
1. Court's duty to manage cases (O. 1A, r. 4)
1. The Court shall further the underlying objectives of these Rules by actively managing cases.
1. Active case management includes-
1. encouraging the parties to co-operate with each other in the conduct of the proceedings;
2. identifying the issues at an early stage;
3. deciding promptly which issues need full investigation and trial and accordingly disposing summarily of the others;
4. deciding the order in which the issues are to be resolved;
5. encouraging the parties to use an alternative dispute resolution procedure if the Court considers that appropriate, and facilitating the use of such a procedure;
6. helping the parties to settle the whole or part of the case;
7. fixing timetables or otherwise controlling the progress of the case;
8. considering whether the likely benefits of taking a particular step justify the cost of taking it;
9. dealing with as many aspects of the case as practicable on the same occasion;
10. dealing with the case without the parties needing to attend at court;
11. making use of technology; and
12. giving directions to ensure that the trial of a case proceeds quickly and efficiently.

(L.N. 153 of 2008)

Order:	1B	CASE MANAGEMENT POWERS	L.N. 153 of 2008; L.N. 18 of 2009	02/04/2009

1. Court's general powers of management (O. 1B, r. 1)

(1)

The list of powers in this rule is in addition to and not in substitution for any powers given to the Court by any other rule or practice direction or by any other enactment or any powers it may otherwise have.

(2)

Except where these Rules provide otherwise, the Court may by order-

(a)

extend or shorten the time for compliance with any rule, court order or practice direction (even if an application for extension is made after the time for compliance has expired);

(b)

adjourn or bring forward a hearing;

(c)

require a party or a party's legal representative to attend the Court;

(d)

direct that part of any proceedings (such as a counterclaim) be dealt with as separate proceedings;

(e)

stay the whole or part of any proceedings or judgment either generally or until a specified date or event;

(f)

consolidate proceedings;

(g)

try two or more claims on the same occasion;

(h)

direct a separate trial of any issue;

(i)

decide the order in which issues are to be tried;

(j)

exclude an issue from consideration;

(k)

dismiss or give judgment on a claim after a decision on a preliminary issue;

(l)

take any other step or make any other order for the purpose of managing the case and furthering the underlying objectives set out in Order 1A.

(3)

When the Court makes an order, it may

(a)

make it subject to conditions, including a condition to pay a sum of money into court; and

(b)

specify the consequences of failure to comply with the order or a condition.

(4)

Where a party pays money into court following an order under paragraph (3), the money is security for any sum payable by that party to any other party in the proceedings.

2. Court's power to make order of its own motion (O. 1B, r. 2)

(1)

Except where a rule or some other enactment provides otherwise, the Court may exercise its powers on an application or of its own motion.

(2)

Where the Court proposes to make an order of its own motion-

(a)

it may give any person likely to be affected by the order an opportunity to make representations; and

(b)

where it does so, it shall specify the time by and the manner in which the representations must be made.

(3)

Where the Court proposes-

(a) to make an order of its own motion; and

(b)

to hold a hearing to decide whether to make the order, it shall give each party likely to be affected by the order at least 3 days' notice of the hearing.

(4)

The Court may make an order of its own motion, without hearing the parties or giving them an opportunity to make representations.

(5)

Where the Court has made an order under paragraph (4)-

(a)

a party affected by the order may apply to have it set aside, varied or stayed; and

(b)

the order must contain a statement of the right to make such an application.

(6)

An application under paragraph (5)(a) must be made-

(a)

within such period as may be specified by the Court; or

(b)

if the Court does not specify a period, not more than 14 days after the date on which notice of the order was sent to the party making the application.

3. Court's power to give procedural directions by way of order nisi

(O. 1B, r. 3)

(1)

Where the Court considers that it is necessary or desirable to give a direction on the procedure of the Court and that the direction is unlikely to be objected to by the parties, it may of its own motion and without hearing the parties, give the direction by way of an order nisi.

(2)

The order nisi becomes absolute 14 days after the order is made unless a party has applied to the Court for varying the order.

(L.N. 153 of 2008)

1. Non-compliance with Rules (O. 2, r. 1)

(1)

Where, in beginning or purporting to begin any proceedings or at any stage in the course of or in connection with any proceedings, there has, by reason of any thing done or left undone, been a failure to comply with the requirements of these Rules, whether in respect of time, place, manner, form or content or in any other respect, the

failure shall be treated as an irregularity and shall not nullify the proceedings, any step taken in the proceedings, or any document, judgment or order therein.

(2)

Subject to paragraph (3), the Court may, on the ground that there has been such failure as is mentioned in paragraph (1), and on such terms as to costs or otherwise as it thinks just, set aside either wholly or in part the proceedings in which the failure occurred, any step taken in those proceedings or any document, judgment or order therein or exercise its powers under these Rules to allow such amendments (if any) to be made and to make such order (if any) dealing with the proceedings generally as it thinks fit.

(3)

The Court shall not wholly set aside any proceedings or the writ or other originating process by which they were begun on the ground that the proceedings ought to have begun by an originating process other than the one employed, but shall instead give directions for the continuation of the proceedings in an appropriate manner. (L.N. 153 of 2008)

2. Application to set aside for irregularity (O. 2, r. 2)

(1)

An application to set aside for irregularity any proceedings, any step taken in any proceedings or any document, judgment or order therein shall not be allowed unless it is made within a reasonable time and before the party applying has taken any fresh step after becoming aware of the irregularity.

(2)

An application under this rule may be made by summons and the grounds of application must be stated in the summons.

3. Non-compliance with rules and court orders (O. 2, r. 3)

(1)

The Court may order a party to pay a sum of money into court if that party has, without good reason, failed to comply with a rule or court order.

(2) When exercising its power under paragraph (1), the Court shall have regard to

(a)

the amount in dispute; and

(b)

the costs which the parties have incurred or which they may incur.

(3)

Where a party pays money into court following an order under paragraph (1), the money is security for any sum payable by that party to any other party in the proceedings.

(L.N. 153 of 2008)

4. Sanctions have effect unless defaulting party obtains relief (O. 2, r. 4)

Where a party has failed to comply with a rule or court order, any sanction for failure to comply imposed by the rule or court order has effect unless the party in default applies to the Court for and obtains relief from the sanction within 14 days of the failure.

(L.N. 153 of 2008)

5. Relief from sanctions (O. 2, r. 5)

(1) On an application for relief from any sanction imposed for a failure to comply with any rule or court order, the Court shall consider all the circumstances including-

(a)

the interests of the administration of justice;

(b)

whether the application for relief has been made promptly;

(c)

whether the failure to comply was intentional;

(d)

whether there is a good explanation for the failure to comply;

(e)

the extent to which the party in default has complied with other rules and court orders;

(f)

whether the failure to comply was caused by the party in default or his legal representative;

(g)

in the case where the party in default is not legally represented, whether he was unaware of the rule or court order, or if he was aware of it, whether he was able to comply with it without legal assistance;

(h)

whether the trial date or the likely trial date can still be met if relief is granted;

(i)

the effect which the failure to comply had on each party; and

(j)

the effect which the granting of relief would have on each party.

(2) An application for relief must be supported by evidence.

(L.N. 153 of 2008)

1. "Month" (月) means calendar month (O. 3, r. 1)

Without prejudice to section 3 of the Interpretation and General Clauses Ordinance (Cap 1) in its application to these Rules, the word "month" (月), where it occurs in any judgment, order, direction or other document forming part of any proceedings in the Court, means a calendar month unless the context otherwise requires.

2. Reckoning periods of time (O. 3, r. 2)

(1) Any period of time fixed by these Rules or by any judgment, order or direction for doing any act shall be reckoned in accordance with this rule.

(2) Where the act is required to be done within a specified period after or from a specified date, the period begins immediately after that date.

(3) Where the act is required to be done within or not less than a specified period before a specified date, the period ends immediately before that date.

(4) Where the act is required to be done a specified number of clear days before or after a specified date, at least that number of days must intervene between the day on which the act is done and that date.

(5) Where, apart from this paragraph, the period in question, being a period of 7 days or less, would include a Sunday or a general holiday, that day shall be excluded. In this paragraph, "general holiday" (公眾假期) means a day which is, or is to be observed as, a general holiday under the General Holidays Ordinance (Cap 149).

1. 4. Time expires on Sunday, etc. (O. 3, r. 4)
2. Where the time prescribed by these Rules, or by any judgment, order or direction, for doing any act at an office of the Court expires on a Sunday or other day on which that office is closed, and by reason thereof that act cannot be done on that day, the act shall be in time if done on the next day on which that office is open.
1. 5. Extensions, etc., of time (O. 3, r. 5)

(1) The Court may, on such terms as it thinks just, by order extend or abridge the period within which a person is required or authorized by these Rules, or by any judgment, order or direction, to do any act in any proceedings.

(2) The Court may extend any such period as is referred to in paragraph (1) although the application for extension is not made until after the expiration of that period.

(3) The period within which a person is required by these Rules, or by any order or direction, to serve, file or amend any pleading or other document may be extended by consent (given in writing) without an order of the Court being made for that purpose.

6. Notice of intention to proceed after year's delay (O. 3, r. 6)

Where a year or more has elapsed since the last proceeding in a cause or matter, the party who desires to proceed must give to every other party not less than one month's notice of his intention to proceed. A summons on which no order was made is not a proceeding for the purposes of this rule.

COMMENCEMENT AND PROGRESS OF PROCEEDINGS

1. Transfer to the Court of First Instance or the Lands Tribunal (O. 4, r. 1)

(L.N. 153 of 2008)

An application under section 41 or 42 of the Ordinance for an order transferring proceedings to the Court of First Instance or the Lands Tribunal shall be made by summons and shall be supported by an affidavit stating the grounds on which the application is made and verifying the facts relied on.

(L.N. 153 of 2008)

9. Consolidation, etc., of causes or matters (O. 4, r. 9)

(1) Where 2 or more causes or matters are pending, then, if it appears to the Court-

(a)

that some common question of law or fact arises in both or all of them; or

(b)

that the rights to relief claimed therein are in respect of or arise out of the same transaction or series of transactions; or

(c)

that for some other reason it is desirable to make an order under this rule, the Court may order those causes or matters to be consolidated on such terms as it thinks just or may order them to be tried at the same time, or one immediately after another, or may order any of them to be stayed until after the determination of any other of them.

(2)

Where the Court makes an order under paragraph (1) that 2 or more causes or matters are to be tried at the same time but no order is made for those causes or matters to be consolidated, then a party to one of those causes or matters may be treated as if it were a party to any of those other causes or matters for the purpose of making an order for costs against him or in his favour.

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 may be begun by writ or originating summons.

2-3. (Repealed L.N. 153 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. 153 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. 153 of 2008)

1. Right to act in person (O. 5A, r. 1)
2. Subject to rule 2 and to Order 80, rule 2, any person (whether or not he acts as a trustee or personal representative or in any other representative capacity) may begin or carry on proceedings in the Court in person or by a solicitor.
1. Corporations acting by a director (O. 5A, r. 2)

(1) Subject to Order 12, rule 1(2), a corporation may not begin or carry on any such proceedings in the Court otherwise than by a solicitor except as expressly provided by or under any enactment or by this rule.

(2) A corporation may begin or carry on proceedings by one of its directors where-

(a)

a solicitor does not act for the corporation in the proceedings;

(b)

the director has been duly authorized by the board of directors of the corporation to act on its behalf in the proceedings; and

(c)

the director has made and filed at the Registry an affidavit stating that he has been duly authorized by the board of directors of the corporation to act on its behalf in the proceedings and exhibiting-

(i)

the original of the resolution authorizing the director to act on behalf of the corporation; or

(ii)

a copy of such resolution duly certified by another person who must either be a director or the secretary of the corporation. (L.N. 221 of 2001)

Order:	6	WRITS OF SUMMONS: GENERAL PROVISIONS	L.N. 153 of 2008; L.N. 18 of 2009	02/04/2009

1. Form of writ (O. 6, r. 1)
2. Every writ must be in Form No. 1 in Appendix A.
1. Indorsement of claim (O. 6, r. 2)

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. 153 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. 153 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 a business address of his principal;

(b)

where the plaintiff other than a corporation 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;

(c)

where the plaintiff which is a corporation sues in person, with the address of its registered or principal office and, if its registered or principal office is not within the jurisdiction, the address of a place within the jurisdiction at or to which documents for it 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 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.

(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 12 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 12 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.

1. Application (O. 7, r. 1)
2. 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.
1. 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.

1. Concurrent summons (O. 7, r. 4)
2. Order 6, rule 6, shall apply in relation to an originating summons as it applies in relation to a writ.
1. Issue of summons (O. 7, r. 5)
1. An originating summons shall be issued out of the Registry.
2. Order 6, rule 7, shall apply in relation to an originating summons as it applies in relation to a writ.
1. Duration and renewal of summons (O. 7, r. 6)
2. Order 6, rule 8, shall apply in relation to an originating summons as it applies in relation to a writ.
1. 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.

1. Application (O. 8, r. 1)

The provisions of this Order apply to all motions required or authorized under a written law, subject to any provisions relating to any class of motion made by that written law or any other written law.

2. Notice of motion (O. 8, r. 2)

(1)

Except where an application by motion may properly be made ex parte, no motion shall be made without previous notice to the parties affected thereby, but the Court, if satisfied that the delay caused by proceeding in the ordinary way would or might entail irreparable or serious mischief, may make an order ex parte-

(a)

on such terms as to costs or otherwise; and

(b)

subject to such undertaking, if any, as it thinks just.

(2) Any party affected by an order made under paragraph (1) may apply to the Court to set it aside.

(3)

Unless the Court gives leave to the contrary, there must be at least 2 clear days between the service of notice of a motion and the day named in the notice for hearing the motion.

3. Form and issue of notice of motion

(O. 8, r. 3)

(1)

The notice of an originating motion must be in Form No. 13 in Appendix A and the notice of any other motion in Form No. 38 in that Appendix.

(2)

Where leave has been given under rule 2(3) to serve short notice of motion, that fact must be stated in the notice.

(3)

The notice of a motion must include a concise statement of the nature of the claim made or the relief or remedy required.

(4)

Order 6, rule 5, with the necessary modifications, applies in relation to notice of an originating motion as it applies in relation to a writ.

(5)

The notice of an originating motion by which proceedings are begun must be issued out of the Registry.

(6)

Issue of the notice of an originating motion takes place upon its being sealed by an officer of the Registry.

1. Service of notice of motion with writ, etc. (O. 8, r. 4)
2. Notice of a motion to be made in an action may be served by the plaintiff on the defendant with the writ of summons or originating summons or at any time after service of the writ or summons, whether or not the defendant has acknowledged service in the action.
1. Adjournment of hearing (O. 8, r. 5)

The hearing of any motion may be adjourned from time to time on such terms, if any, as the Court thinks fit.

(L.N. 153 of 2008)

1. Application (O. 9, r. 1)
2. 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.
1. Contents of petition (O. 9, r. 2)

(1)

A petition must include a concise statement of the nature of the claim made or the relief or remedy required in the proceedings begun by the petition.

(2) A petition must include at the end of it

(a)

a statement of the names of the persons, if any, required to be served with the petition; or

(b)

if no person is required to be served, a statement to that effect.

(3)

Order 6, rule 5, with the necessary modifications, applies in relation to a petition as it applies in relation to a writ.

1. Presentation of petition (O. 9, r. 3) A petition may be presented by leaving it at the Registry.
2. 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.

(L.N. 153 of 2008)

1. General provisions (O. 10, r. 1)

(1) A writ must be served personally on each defendant by the plaintiff or his agent.

(2)

A writ for service on a defendant within the jurisdiction may, instead of being served personally on him, be served-

(a)

by sending a copy of the writ by registered post to the defendant at his usual or last known address; or

(b)

if there is a letter box for that address, by inserting through the letter box a copy of the writ enclosed in a sealed envelope addressed to the defendant.

(3) Where a writ is served in accordance with paragraph (2)-

(a)

the date of service shall, unless the contrary is shown, be deemed to be the seventh day (ignoring Order 3, rule 2(5)) after the date on which the copy was sent to, or as the case may be, inserted through the letter box for, the address in question;

(b)

any affidavit proving due service of the writ must contain a statement to the effect that-

(i)

in the opinion of the deponent (or, if the deponent is the plaintiff's solicitor or an employee of that solicitor, in the opinion of the plaintiff) the copy of the writ, if sent to, or as the case may be, inserted through the letter box for, the address in question, will have come to the knowledge of the defendant within 7 days thereafter; and

(ii)

in the case of service by post, the copy of the writ has not been returned to the plaintiff through the post undelivered to the addressee.

(4)

Where a defendant's solicitor endorses on the writ a statement that he accepts service of the writ on behalf of that defendant, the writ shall be deemed to have been duly served on that defendant and to have been so served on the date on which the endorsement was made.

(5)

Subject to Order 12, rule 7, where a writ is not duly served on a defendant but he acknowledges service of it, the writ shall be deemed, unless the contrary is shown, to have been duly served on him and to have been so served on the date on which he acknowledges service.

(6)

Every copy of a writ for service on a defendant shall be sealed with the seal of the Court and shall be accompanied by a form of acknowledgment of service in Form No. 14 in Appendix A in which the title of the action and its number have been entered.

(7)

This rule shall have effect subject to the provisions of any Ordinance and these Rules and in particular to any enactment which provides for the manner in which documents may be served on bodies corporate.

2. Service of writ on agent of overseas principal (O. 10, r. 2)

(1) Where the Court is satisfied on an ex parte application that-

(a)

a contract has been entered into within the jurisdiction with or through an agent who is either an individual residing or carrying on business within the jurisdiction or a body corporate having a registered office or a place of business within the jurisdiction; and

(b)

the principal for whom the agent was acting was at the time the contract was entered into and is at the time of the application neither such an individual nor such a body corporate; and

(c)

at the time of the application either the agent's authority has not been determined or he is still in

business relations with his principal, the Court may authorize service of a writ beginning an action relating to the contract to be effected on the agent instead of the principal.

(2)

An order under this rule authorizing service of a writ on a defendant's agent must limit a time within which the defendant must acknowledge service.

(3)

Where an order is made under this rule authorizing service of a writ on a defendant's agent, a copy of the order and of the writ must be sent by post to the defendant at his address out of the jurisdiction.

3. Service of writ in pursuance of contract (O. 10, r. 3)

(1) Where

(a)

a contract contains a term to the effect that the Court shall have jurisdiction to hear and determine any action in respect of a contract or, apart from any such term, the Court has jurisdiction to hear and determine any such action; and

(b)

the contract provides that, in the event of any action in respect of the contract being begun, the process by which it is begun may be served on the defendant, or on such other person on his behalf as may be specified in the contract, in such manner, or at such place (whether within or out of the jurisdiction), as may be so specified,

then, if an action in respect of the contract is begun in the Court and the writ by which it is begun is served in accordance with the contract, the writ shall, subject to paragraph (2), be deemed to have been duly served on the defendant.

(2) A writ which is served out of the jurisdiction in accordance with a contract shall not be deemed to have been duly served on the defendant by virtue of paragraph (1) unless leave to serve the writ out of the jurisdiction has been granted under Order 11, rule 1(1) or service of the writ is permitted without leave under Order 11, rule 1(2).

4. Service of writ in certain actions for possession of premises or land (O. 10, r. 4)

(1)

Where a writ is indorsed with a claim for the recovery, or delivery of possession, of premises or land, the Court may

(a)

if satisfied on an ex parte application that no person appears to be in possession of the premises or land and that service cannot be otherwise effected on any defendant, authorize service on that defendant to be effected by affixing a copy of the writ to some conspicuous part of the premises or land;

(b)

if satisfied on such an application that no person appears to be in possession of the premises or land and that service could not otherwise have been effected on any defendant, order that service already effected by affixing a copy of the writ to some conspicuous part of the premises or land shall be treated as good service on that defendant.

(2)

Where a writ is indorsed with a claim for the recovery, or delivery of possession, of premises or land, in addition to, and not in substitution for any other mode of service, a copy of the writ shall be posted in a conspicuous place on or at the entrance to the premises or land recovery or possession of which is claimed.

5. Service of originating summons, notice of motion, or petition

(O. 10, r. 5)

(L.N. 153 of 2008)

(1)

The foregoing rules of this Order shall apply, with any necessary modifications, in relation to an originating summons (other than an ex parte originating summons or an originating summons under Order 113) as they apply in relation to a writ, except that an acknowledgment of service of an originating summons shall be in Form No. 15 or 15A in Appendix A, whichever is appropriate. (L.N. 153 of 2008)

(2)

Rule 1(1), (2), (3) and (4) applies, with any necessary modifications, in relation to a notice of an originating motion and a petition as they apply in relation to a writ. (L.N. 153 of 2008)

1. Principal cases in which service of writ out of jurisdiction is permissible (O. 11, r. 1)

(1) Provided that the writ is not a writ to which paragraph (2) applies, service of a writ out of the jurisdiction is permissible with the leave of the Court if in the action begun by the writ-

(a)

relief is sought against a person domiciled or ordinarily resident within the jurisdiction;

(b)

an injunction is sought ordering the defendant to do or refrain from doing anything within the jurisdiction (whether or not damages are also claimed in respect of a failure to do or the doing of that thing);

(c)

the claim is brought against a person duly served within or out of the jurisdiction and a person out of the jurisdiction is a necessary or proper party thereto;

(d)

the claim is brought to enforce, rescind, dissolve, annul or otherwise affect a contract, or to recover damages or obtain other relief in respect of the breach of a contract, being (in either case) a contract which-

(i)

was made within the jurisdiction; or

(ii)

was made by or through an agent trading or residing within the jurisdiction on behalf of a principal trading or residing out of the jurisdiction; or

(iii) is by its terms, or by implication, governed by Hong Kong law; or (iv) contains a term to the effect that the Court shall have jurisdiction to hear and determine any action in respect of the contract;

(e)

the claim is brought in respect of a breach committed within the jurisdiction of a contract made within or out of the jurisdiction, and irrespective of the fact, if such be the case, that the breach was preceded or accompanied by a breach committed out of the jurisdiction that rendered impossible the performance of so much of the contract as ought to have been performed within the jurisdiction;

(f)

the claim is founded on a tort and the damage was sustained, or resulted from an act committed, within the jurisdiction;

(g)

the whole subject-matter of the action is land situate within the jurisdiction (with or without rents or profits) or the perpetuation of testimony relating to land so situate;

(h)

the claim is brought to construe, rectify, set aside or enforce an act, deed, will, contract, obligation or liability affecting land situate within the jurisdiction;

(i)

the claim is made for a debt secured on immovable property or is made to assert, declare or determine proprietary or possessory rights, or rights of security, in or over movable property, or to obtain authority to dispose of movable property, situate within the jurisdiction;

(j)

the claim is brought to execute the trusts of a written instrument being trusts that ought to be executed according to Hong Kong law and of which the person to be served with the writ is a trustee, or for any relief or remedy which might be obtained in any such action;

(k)

the claim is made for the administration of the estate of a person who died domiciled within the jurisdiction or for any relief or remedy which might be obtained in any such action;

(n)

the claim is brought under the Carriage by Air Ordinance (Cap 500);

(o)

the claim is for an order for the costs of and incidental to a dispute under section 53A(2) of the Ordinance; (L.N. 153 of 2008)

(oa) the claim is for a costs order under section 53(2) of the Ordinance against a person who is not a party to the relevant proceedings; (L.N. 153 of 2008)

(p)

the claim is brought for money had and received or for an account or other relief against the defendant

as constructive trustee, and the defendant's alleged liability arises out of acts committed, whether by him or otherwise, within the jurisdiction.

(2) Service of a writ out of the jurisdiction is permissible without the leave of the Court provided that each claim made by the writ is-

(b) a claim which by virtue of any written law the Court 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.

(3) Where a writ is to be served out of the jurisdiction under paragraph (2), the time to be inserted in the writ within which the defendant served therewith must acknowledge service shall-

(c) be limited in accordance with the practice adopted under rule 4(4).

4. Application for, and grant of, leave to serve writ out of jurisdiction (O. 11, r. 4)

(1) An application for the grant of leave under rule 1(1) must be supported by an affidavit stating

(a) the grounds on which the application is made;

(b) that in the deponent's belief the plaintiff has a good cause of action;

(c) in what place the defendant is, or probably may be found; and

(d) where the application is made under rule 1(1)(c), the grounds for the deponent's belief that there is between the plaintiff and the person on whom a writ has been served a real issue which the plaintiff may reasonably ask the Court to try.

(2) No such leave shall be granted unless it shall be made sufficiently to appear to the Court that the case is a proper one for service out of the jurisdiction under this Order.

(4) An order granting under rule 1 leave to serve a writ out of the jurisdiction must limit a time within which the defendant to be served must acknowledge service.

5. Service of writ out of jurisdiction: general

(O. 11, r. 5)

(1) Subject to the following provisions of this rule, Order 10, rule 1(1), (4), (5) and (6) and Order 65, rule 4, shall apply in relation to the service of a writ notwithstanding that the writ is to be served out of the jurisdiction, save that the accompanying form of acknowledgment of service shall be modified in such manner as may be appropriate.

(2) Nothing in this rule or in any order or direction of the Court made by virtue of it shall authorize or require the doing of anything in a country or place in which service is to be effected which is contrary to the law of that country or place.

(3) A writ which is to be served out of the jurisdiction

(a) need not be served personally on the person required to be served so long as it is served on him in accordance with the law of the country or place in which service is effected; and

(b) need not be served by the plaintiff or his agent if it is served by a method provided for by rule 5A, 6 or

7.

(5) An official certificate stating that a writ as regards which rule 5A or 6 has been complied with, has been served on a person personally, or in accordance with the law of the country or place in which service was effected, on a specified date, being a certificate

(a) by a consular authority in that country or place; or

(b) by the government or judicial authorities of that country or place; or

(c) by any other authority designated in respect of that country or place under the Hague Convention, shall be evidence of the facts so stated.

(6) An official certificate by the Chief Secretary for Administration stating that a writ has been duly served on a specified date in accordance with a request made under rule 7 shall be evidence of that fact.

(7) A document purporting to be such a certificate as is mentioned in paragraph (5) or (6) shall, until the contrary is proved, be deemed to be such a certificate.

(8) In this rule and rule 6 "the Hague Convention" (《海牙公約》) means the Convention on the service

abroad of judicial or extra-judicial documents in civil or commercial matters signed at The Hague on 15 November 1965.

5A. Service of writ in the Mainland of China through judicial authorities (O. 11, r. 5A)

(1)

Where in accordance with these Rules, a writ is to be served on a person to be served in the Mainland of China, the writ shall be served through the judicial authorities of the Mainland of China.

(2)

A person who wishes to serve a writ under paragraph (1) must lodge in the Registry a request for such service, together with 2 copies of the writ and 2 additional copies thereof for the person to be served.

(3) The request lodged under paragraph (2) must contain-

(a)

the full name and address of the person to be served;

(b)

a description of the nature of proceedings; and

(c)

if a particular method of service by the judicial authorities of the Mainland of China is desired by the person making the request, an indication of that particular method.

(4)

Every copy of a writ lodged under paragraph (2) must be in Chinese or accompanied by a Chinese translation.

(5)

Every translation lodged under paragraph (4) must be certified by the person making it to be a correct translation; and the certificate must contain a statement of that person's full name, of his address and of his qualifications for making the translation.

(6)

Documents duly lodged under paragraph (2) shall be sent by the Registrar of the High Court to the judicial authorities of the Mainland of China with a request that they arrange for the writ to be served or, where a particular method of service is indicated under paragraph (3)(c), to be served by that method.

6. Service of writ out of jurisdiction through foreign governments, judicial authorities and consuls (O. 11, r. 6)

(2) Where in accordance with these Rules a writ is to be served on a defendant in any country with respect to which there subsists a Civil Procedure Convention (other than the Hague Convention) providing for service in that country of process of the Court, the writ may be served-

(a)

through the judicial authorities of that country; or

(b)

through a consular authority in that country (subject to any provision of the Convention as to the nationality of persons who may be so served).

(2A) Where in accordance with these Rules a writ is to be served on a defendant in any country which is a party to the Hague Convention, the writ may be served-

(a)

through the authority designated under the Convention in respect of that country; or

(b)

if the law of that country permits-

(i)

through the judicial authorities of that country; or

(ii)

through a consular authority in that country.

(3)

Where in accordance with these Rules a writ is to be served on a defendant in any country with respect to which there does not subsist a Civil Procedure Convention providing for service in that country of process of the Court, the writ may be served-

(a)

through the government of that country, where that government is willing to effect service; or

(b)

through a consular authority in that country, except where service through such an authority is contrary to the law of that country.

(4)

A person who wishes to serve a writ by a method specified in paragraph (2), (2A) or (3) must lodge in the Registry a request for service of the writ by that method, together with a copy of the writ and an additional copy thereof for each person to be served.

(5)

Every copy of a writ lodged under paragraph (4) must be accompanied by a translation of the writ in the official language of the country in which service is to be effected or, if there is more than one official language of that country, in any one of those languages which is appropriate to the place in that country where service is to be effected:

Provided that this paragraph shall not apply in relation to a copy of a writ which is to be served in a country the official language of which is, or the official languages of which include, English, or is to be served in any country by a consular authority on a subject of the country of that consular authority, unless the service is to be effected under paragraph (2) and the Civil Procedure Convention with respect to that country expressly requires the copy to be accompanied by a translation.

(6) Every translation lodged under paragraph (5) must be certified by the person making it to be a correct translation; and the certificate must contain a statement of that person's full name, of his address and of his qualifications for making the translation.

(7) Documents duly lodged under paragraph (4) shall be sent by the Registrar of the High Court to the Chief Secretary for Administration with a request that he arranges for the writ to be served by the method indicated in the request lodged under that paragraph or, where alternative methods are so indicated, by such one of those methods as is most convenient.

7. Service of process on a foreign State (O. 11, r. 7)

(1)

Subject to paragraph (4) where a person to whom leave has been granted under rule 1 to serve a writ on a foreign State, wishes to have the writ served on that State, he must lodge in the Registry

(a)

a request for service of the writ to be arranged by the Chief Secretary for Administration; and

(b)

a copy of the writ; and

(c)

except where the official language of the State is, or the official languages of that State include, English, a translation of the writ in the official language or one of the official languages of the State.

(2)

Rule 6(6) shall apply in relation to a translation lodged under paragraph (1) as it applies in relation to a translation lodged under paragraph (5) of that rule.

(3)

Documents duly lodged under this rule shall be sent by the Registrar of the High Court to the Chief Secretary for Administration with a request that the Chief Secretary for Administration arranges for the writ to be served on the foreign State or the government in question, as the case may be.

(4)

Where the foreign State has agreed to a method of service other than that provided by the preceding paragraphs, the writ may be served either by the method agreed or in accordance with the preceding paragraphs of this rule.

7A. Service of writ in certain actions under Carriage by Air Ordinance (O. 11, r. 7A)

(1)

Where a person to whom leave has been granted under rule 1 to serve a writ on a High Contracting Party or State Party, as may be appropriate, within the meaning of section 2(1) of the Carriage by Air Ordinance (Cap 500), being a writ beginning an action to enforce a claim in respect of carriage undertaken by that Party, wishes to have the writ served on that Party, he must lodge in the Registry- (22 of 2005 s. 27)

(a)

a request for service of the writ to be arranged by the Chief Secretary for Administration; and

(b)

a copy of the writ; and

(c)

except where the official language of the High Contracting Party or State Party, as may be appropriate, is, or the official languages of that Party include, English, a translation of the writ in the official language or one of the official languages of that Party. (22 of 2005 s. 27)

(2)

Rule 6(6) shall apply in relation to a translation lodged under paragraph (1) as it applies in relation to a translation lodged under paragraph (5) of that rule.

(3)

Documents duly lodged under this rule shall be sent by the Registrar of the High Court to the Chief Secretary for Administration with a request that the Chief Secretary for Administration arranges for the writ to be served on the High Contracting Party or State Party, as may be appropriate. (22 of 2005 s. 27)

8. Undertaking to pay expenses of service by Chief Secretary for Administration

(O. 11, r. 8)

Every request lodged under rule 6(4), 7 or 7A must contain an undertaking by the person making the request to be responsible personally for all expenses incurred by the Chief Secretary for Administration in respect of the service requested and, on receiving due notification of the amount of those expenses, to pay that amount to the Treasury and to produce a receipt for the payment to the Registrar of the High Court.

8A. Undertaking to pay expenses of service by Registrar of the High Court (O. 11, r. 8A)

Every request lodged under rule 5A must contain an undertaking by the person making the request to be responsible personally for all expenses incurred by the Registrar of the High Court in respect of the service requested and, on receiving due notification of the amount of those expenses, to pay that amount to the Treasury and to produce a receipt for the payment to the Registrar of the High Court.

9. Service of originating summons, etc. (O. 11, r. 9)

(1)

Rule 1 shall apply to the service out of the jurisdiction of an originating summons, notice of motion or petition as it applies to service of a writ. (L.N. 153 of 2008)

(4)

Service out of the jurisdiction of any summons, notice or order issued, given or made in any proceedings is permissible with the leave of the Court, but leave shall not be required for such service in any proceedings in which the writ, originating summons, motion or petition may by these Rules or under any written law be served out of the jurisdiction without leave. (L.N. 153 of 2008)

(5)

Rule 4(1) and (2) shall, so far as applicable, apply in relation to an application for the grant of leave under this rule as they apply in relation to an application for the grant of leave under rule 1.

(6)

An order granting under this rule leave to serve an originating summons out of the jurisdiction must limit a time within which the defendant to be served with the summons must acknowledge service.

(7)

Rules 5, 5A, 6, 8 and 8A shall apply in relation to any document for the service of which out of the jurisdiction leave has been granted under this rule as they apply in relation to a writ.

1. Mode of acknowledging service (O. 12, r. 1)

(1)

Subject to paragraph (2) and to Order 80, rule 2, a defendant to an action begun by writ may (whether or not he is sued as a trustee or personal representative or in any other representative capacity) acknowledge service of the writ and give notice of intention to defend the action by a solicitor or in person.

(2)

The defendant to such an action which is a body corporate may acknowledge service of the writ and give notice of intention to defend the action either by a solicitor or by a person duly authorized to act on the defendant's behalf.

(3)

Service of a writ may be acknowledged by properly completing an acknowledgment of service as defined by rule 3 and handing it in at, or sending it by post to, the Registry.

(4)

If 2 or more defendants to an action acknowledge service by the same solicitor and at the same time, only one acknowledgment of service need be completed and delivered for those defendants. (L.N. 153 of 2008)

(5)

The date on which service is acknowledged is the date on which the acknowledgment of service is received at the Registry.

3. Acknowledgment of service (O. 12, r. 3)

(1) An acknowledgment of service must be in Form No. 14, 15 or 15A in Appendix A, whichever is appropriate, and except as provided in rule 1(2), must be signed by the solicitor acting for the defendant specified in the acknowledgment or, if the defendant is acting in person, by that defendant. (L.N. 153 of 2008)

(2) An acknowledgment of service must specify

(a)

in the case of a defendant acknowledging service in person, 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; and

(b)

in the case of a defendant acknowledging service by a solicitor, a business address to which may be

added a numbered box at a document exchange of his solicitor within the jurisdiction, and where the defendant acknowledges service in person the address within the jurisdiction specified under subparagraph (a) shall be his address for service, but otherwise his solicitor's business address shall be his address for service.

In relation to a body corporate the references in subparagraph (a) to the defendant's place of residence shall be construed as references to the defendant's registered or principal office.

(3)

Where the defendant acknowledges service by a solicitor who is acting as agent for another solicitor having a place of business within the jurisdiction, the acknowledgment of service must state that the first-named solicitor so

acts and must also state the name and address of that other solicitor.

(4)

If an acknowledgment of service does not specify the defendant's address for service or the Court is satisfied that any address specified in the acknowledgment for service is not genuine, the Court may on application by the plaintiff set aside the acknowledgment or order the defendant to give an address or, as the case may be, a genuine address for service and may in any case direct that the acknowledgment shall nevertheless have effect for the purpose of Order 10, rule 1(5) and Order 65, rule 9.

4. Procedure on receipt of acknowledgment of service (O. 12, r. 4)

On receiving an acknowledgment of service an officer of the Registry must

(a)

affix to the acknowledgment an official stamp showing the date on which he received it;

(b)

enter the acknowledgment in the cause book with a note showing, if it be the case, that the defendant has indicated in the acknowledgment an intention to contest the proceedings or to apply for a stay of execution in respect of any judgment obtained against him in the proceedings; and

(c)

make a copy of the acknowledgment, having affixed to it an official stamp showing the date on which he received the acknowledgment, and send by post to the plaintiff or, as the case may be, his solicitor at the plaintiff's address for service.

5. Time limited for acknowledging service (O. 12, r. 5)

References in these Rules to the time limited for acknowledging service are references

(a)

in the case of a writ served within the jurisdiction, to 14 days after service of the writ (including the day of service) or, where that time has been extended by or by virtue of these Rules, to that time as so extended; and

(b)

in the case of a writ served out of the jurisdiction, to the time limited under Order 10, rule 2(2), Order 11, rule 1(3), or Order 11, rule 4(4), or, where that time has been extended as aforesaid, to that time as so extended.

6. Late acknowledgment of service (O. 12, r. 6)

(1)

Except with the leave of the Court, a defendant may not give notice of intention to defend in an action after judgment has been obtained therein.

(2)

Except as provided by paragraph (1), nothing in these Rules or any writ or order thereunder shall be construed as precluding a defendant from acknowledging service in an action after the time limited for so doing, but if a defendant acknowledges service after that time, he shall not, unless the Court otherwise orders, be entitled to serve a defence or do any other act later than if he had acknowledged service within that time.

1. Acknowledgment not to constitute waiver (O. 12, r. 7)
2. The acknowledgment by a defendant of service of a writ shall not be treated as a waiver by him of any irregularity in the writ or service thereof or in any order giving leave to serve the writ or extending the validity of the writ for the purpose of service.
1. Dispute as to jurisdiction (O. 12, r. 8)

(1)

A defendant who wishes to dispute the jurisdiction of the Court in the proceedings by reason of any such irregularity as is mentioned in rule 7 or on any other ground shall give notice of intention to defend the proceedings and shall, within the time limited for service of a defence, apply to the Court for

(a)

an order setting aside the writ or service of the writ on him; or

(b)

an order declaring that the writ has not been duly served on him; or

(c)

the discharge of any order giving leave to serve the writ on him out of the jurisdiction; or

(d)

the discharge of any order extending the validity of the writ for the purpose of service; or

(e)

the protection or release of any property of the defendant seized or threatened with seizure in the proceedings; or

(f)

the discharge of any order made to prevent any dealing with any property of the defendant; or

(g)

a declaration that in the circumstances of the case the Court has no jurisdiction over the defendant in

respect of the subject-matter of the claim or the relief or remedy sought in the action; or (ga) an order staying the proceedings; or (L.N. 153 of 2008)

(h)

such other relief as may be appropriate.

(2)

A defendant who wishes to argue that the Court should not exercise its jurisdiction in the proceedings on one or more of the grounds specified in paragraph (2A) or on any other ground shall also give notice of intention to defend the proceedings and shall, within the time limited for service of a defence, apply to the Court for-

(a)

a declaration that in the circumstances of the case the Court should not exercise any jurisdiction it may have; or

(b)

an order staying the proceedings; or

(c)

such other relief as may be appropriate, including the relief specified in paragraph (1)(e) or (f). (L.N.

153 of 2008) (2A) The grounds specified for the purposes of paragraph (2) are that-

(a)

considering the best interests and convenience of the parties to the proceedings and the witnesses in the proceedings, the proceedings should be conducted in another court;

(b)

the defendant is entitled to rely on an agreement to which the plaintiff is a party, excluding the jurisdiction of the Court; and

(c)

in respect of the same cause of action to which the proceedings relate, there are other proceedings pending between the defendant and the plaintiff in another court. (L.N. 153 of 2008)

(3)

An application under paragraph (1) or (2) must be made by summons which must state the grounds of the application.

(4)

An application under paragraph (1) or (2) must be supported by an affidavit verifying the facts on which the application is based and a copy of the affidavit must be served with the summons by which the application is made.

(5)

Upon hearing an application under paragraph (1) or (2), the Court, if it does not dispose of the matter in dispute, may give such directions for its disposal as may be appropriate, including directions for the trial thereof as a preliminary issue.

(6)

A defendant who makes an application under paragraph (1) or (2) shall not be treated as having submitted to the jurisdiction of the Court by reason of his having given notice of intention to defend the action; but if the Court makes no order on the application or dismisses it, the notice shall stand unless otherwise directed by the Court and the defendant shall be treated as having given notice of intention to defend the action.

(6A) If the Court makes no order on an application under paragraph (1) or (2) or dismisses it, it may give such directions as may be appropriate for service of a defence and the further conduct of the proceedings. (L.N. 153 of 2008)

(7)

Except where the defendant makes an application in accordance with paragraph (1) or (2), the acknowledgment by a defendant of service of a writ shall, unless the acknowledgment is withdrawn by leave of the Court under Order 21, rule 1, be treated as a submission by the defendant to the jurisdiction of the Court in the proceedings.

(L.N. 153 of 2008)

8A. Application by defendant where writ not served (O. 12, r. 8A)

(1)

Any person named as a defendant in a writ which has not been served on him may serve on the plaintiff a notice requiring him within a specified period not less than 14 days after service of the notice either to serve the writ on the defendant or to discontinue the action as against him.

(2)

Where the plaintiff fails to comply with a notice under paragraph (1) within the time specified the Court may, on the application of the defendant by summons, order the action to be dismissed or make such other order as it thinks fit.

(3)

A summons under paragraph (2) shall be supported by an affidavit verifying the facts on which the application is based and stating that the defendant intends to contest the proceedings and a copy of the affidavit must be served with the summons.

(4)

Where the plaintiff serves the writ in compliance with a notice under paragraph (1) or with an order under paragraph (2) the defendant must acknowledge service within the time limited for so doing.

9. Acknowledgment of service of originating summons (O. 12, r. 9)

(1)

Each defendant named in and served with an originating summons (other than an ex parte originating summons or an originating summons under Order 113) must acknowledge service of the summons as if it were a writ.

(3)

The foregoing rules of this Order shall apply in relation to an originating summons (other than an ex parte originating summons or an originating summons under Order 113) as they apply to a writ except that after the word "extended" wherever it occurs in rule 5(a), there shall be inserted the words "or abridged" and for the reference in rule 5(b) to Order 11, rules 1(3) and 4(4), there shall be substituted a reference to Order 11, rule 9(6).

1. Acknowledgment of service to be treated as entry of appearance (O. 12, r. 10)
2. For the purpose of any enactment referring expressly or impliedly to the entry of appearance as a procedure provided by rules of court for responding to a writ or other process issuing out of the Court, or of any rule of law, the acknowledgment of service of the writ or other process in accordance with these Rules shall be treated as the entry of an appearance to it, and related expressions shall be construed accordingly.
1. Transitional provision relating to rule 35 of Amendment Rules 2008

(O. 12, r. 11)

Where an application under rule 8(1) is pending immediately before the commencement* of the Amendment Rules 2008, then the application is to be determined as if rule 35 of the Amendment Rules 2008 had not been made.

(L.N. 153 of 2008)

Note:

* Commencement day: 2 April 2009.

Order:	13	FAILURE TO GIVE NOTICE OF INTENTION TO DEFEND	L.N. 153 of 2008; L.N. 18 of 2009	02/04/2009

1. Claim for liquidated demand (O. 13, r. 1)

(1)

Where a writ is indorsed with a claim against a defendant for a liquidated demand only, then, if that defendant fails to give notice of intention to defend, the plaintiff may, after the prescribed time, enter final judgment against that defendant for a sum not exceeding that claimed by the writ in respect of the demand and for costs, and proceed with the action against the other defendants, if any. (See Appendix A, Form 39)

(2)

A claim shall not be prevented from being treated for the purposes of this rule as a claim for a liquidated demand by reason only that part of the claim is for interest under section 49 of the Ordinance at a rate which is not higher than that applicable to judgment debts under section 50(1)(b) of the Ordinance at the date of the issue of the writ.

1. Claim for unliquidated damages (O. 13, r. 2)
2. Where a writ is indorsed with a claim against a defendant for unliquidated damages only, then, if that defendant fails to give notice of intention to defend, the plaintiff may, after the prescribed time, enter interlocutory judgment against that defendant for damages to be assessed and costs, and proceed with the action against the other defendants, if any. (See Appendix A, Form 40)
1. Claim for detention of goods (O. 13, r. 3)

(1) Where a writ is indorsed with a claim against a defendant relating to the detention of goods only, then, if that defendant fails to give notice of intention to defend the plaintiff may, after the prescribed time and subject to Order 42, rule 1A-

(a) at his option enter either

(i) interlocutory judgment against that defendant for delivery of the goods or their value to be assessed and costs; or

(ii) interlocutory judgment for the value of the goods to be assessed and costs; or

(b) apply by summons for judgment against that defendant for delivery of the goods without giving him

the alternative of paying their assessed value, and in any case proceed with the action against the other defendants, if any. (See Appendix A, Form 41)

(2) A summons under paragraph (1)(b) must be supported by affidavit and notwithstanding Order 65, rule 9, the summons and a copy of the affidavit must be served on the defendant against whom judgment is sought.

4. Claim for possession of land (O. 13, r. 4)

(1) Where a writ is indorsed with a claim against a defendant for possession of land only, then, if that defendant fails to give notice of intention to defend, the plaintiff may, after the prescribed time, and on producing a certificate by his solicitor, or (if he sues in person) an affidavit, stating that he is not claiming any relief in the action of the nature specified in Order 88, rule 1, enter judgment for possession of the land as against that defendant and costs, and proceed with the action against the other defendants, if any. (See Appendix A, Form 42)

(5) Where there is more than one defendant, judgment entered under this rule shall not be enforced against any defendant unless and until judgment for possession of the land has been entered against all the defendants.

5. Mixed claims (O. 13, r. 5)

Where a writ issued against any defendant is indorsed with 2 or more of the claims mentioned in the foregoing rules, and no other claim, then, if that defendant fails to give notice of intention to defend, the plaintiff may, after the prescribed time, enter against that defendant such judgment in respect of any such claim as he would be entitled to enter under those rules if that were the only claim indorsed on the writ and proceed with the action against the other defendants, if any.

(L.N. 153 of 2008)

6. Other claims (O. 13, r. 6)

(1) Where a writ is indorsed with a claim of a description not mentioned in rules 1 to 4, then, if any defendant fails to give notice of intention to defend, the plaintiff may, after the prescribed time and, if that defendant has not acknowledged service, upon filing an affidavit proving due service of the writ on him and, where the statement of claim was not indorsed on or served with the writ, upon serving a statement of claim on him, proceed with the action as if that defendant had given notice of intention to defend.

(2) Where a writ issued against a defendant is indorsed as aforesaid, but by reason of the defendant's satisfying the claim or complying with the demands thereof or any other like reason it has become unnecessary for the plaintiff to proceed with the action, then, if the defendant fails to give notice of intention to defend, the plaintiff may, after the prescribed time, enter judgment against that defendant for costs.

6A. Prescribed time (O. 13, r. 6A)

In the foregoing rules of this Order, "the prescribed time" (訂明的時限), in relation to a writ issued against a defendant, means the time limited for the defendant to acknowledge service of the writ or, if within that time the defendant has returned to the Registry an acknowledgment of service containing a statement to the effect that he does not intend to contest the proceedings, the date on which the acknowledgment was received at the Registry.

7. Proof of service of writ (O. 13, r. 7)

(1) Judgment shall not be entered against a defendant under this Order unless-

(a) the defendant has acknowledged service on him of the writ; or

(b) an affidavit is filed by or on behalf of the plaintiff proving due service of the writ on the defendant; or

(c) the plaintiff produces the writ indorsed by the defendant's solicitor with a statement that he accepts service of the writ on the defendant's behalf.

(2)

Where, in an action begun by writ, an application is made to the Court for an order affecting a party who has failed to give notice of intention to defend, the Court hearing the application may require to be satisfied in such manner as it thinks fit that the party failed to give such notice.

(3)

Where, after judgment has been entered under this Order against a defendant purporting to have been served by post under Order 10, rule 1(2)(a), the copy of the writ sent to the defendant is returned to the plaintiff through the post undelivered to the addressee, the plaintiff shall, before taking any step or further step in the action or the enforcement of the judgment, either-

(a)

make a request for the judgment to be set aside on the ground that the writ has not been duly served; or

(b)

apply to the Court for directions.

(4)

A request under paragraph (3)(a) shall be made by producing to an officer of the Registry and leaving with him for filing, an affidavit stating the relevant facts, and thereupon the judgment shall be set aside and the entry of the judgment and of any proceedings for its enforcement made in the book kept in the Registry for that purpose shall be marked accordingly.

(5)

An application under paragraph (3)(b) shall be made ex parte by affidavit stating the facts on which the application is founded and any order or direction sought, and on the application the Court may

(a)

set aside the judgment; or

(b)

direct that, notwithstanding the return of the copy of the writ, it shall be treated as having been duly served; or

(c)

make such other order and give such other direction as the circumstances may require.

7A. Judgment against a State (O. 13, r. 7A)

(1)

Where the defendant is a foreign state, the plaintiff shall not be entitled to enter judgment under this Order except with the leave of the Court. (L.N. 217 of 2000)

(2) An application for leave to enter judgment shall be supported by an affidavit-

(a)

stating the grounds of the application;

(b)

verifying the facts relied on as excepting the State from immunity; and

(c)

verifying that the writ has been served by being transmitted to the Chief Secretary for Administration and by him to the Office of the Commissioner of the Ministry of Foreign Affairs of the People's Republic of China in the Hong Kong Special Administrative Region for onward transmission to the State concerned, or in such other manner as may have been agreed to by the State, and that the time for acknowledging service has expired.

(3)

The application may be made ex parte but the Court hearing the application may direct a summons to be issued and served on that State, for which purpose such a direction shall include leave to serve the summons and a copy of the affidavit out of the jurisdiction.

(4)

Unless the Court otherwise directs, an affidavit for the purposes of this rule may contain statements of information or belief with the sources and grounds thereof, and the grant of leave to enter judgment under this Order shall include leave to serve out of the jurisdiction-

(a)

a copy of the judgment; and

(b)

a copy of the affidavit, where not already served.

(5)

The procedure for effecting service out of the jurisdiction pursuant to leave granted in accordance with this rule shall be the same as for the service of the writ under Order 11, rule 7(1), except where the State has agreed to some other manner of service.

1. Stay of execution on default judgment (O. 13, r. 8)
2. Where judgment for a debt or liquidated demand is entered under this Order against a defendant who has returned to the Registry an acknowledgment of service containing a statement to the effect that, although he does not intend to contest the proceedings, he intends to apply for a stay of execution of the judgment by writ of fieri facias, execution of the judgment by such a writ shall be stayed for a period of 14 days from the acknowledgment of service and, if within that time the defendant issues and serves on the plaintiff a summons for such a stay supported by an affidavit in accordance with Order 47, rule 1, the stay imposed by this rule shall continue until the summons is heard or otherwise disposed of, unless the Court after giving the parties an opportunity of being heard otherwise directs.
1. Setting aside judgment (O. 13, r. 9)

Without prejudice to rule 7(3) and (4), the Court may, on such terms as it thinks just, set aside or vary any judgment entered in pursuance of this Order.

1. Interpretation (O. 13A, r. 1)

1. (1) In this Order-"claim" (申索) means
1. (a) where in an action the plaintiff makes only one claim, that claim; and
2. (b) where in an action the plaintiff makes more than one claim, all the claims in the action.
1. (2) For the purposes of rules 6(1)(b) and 7(1)(b), the amount of a claim is treated as unliquidated if the claim consists of a claim for a liquidated amount of money and a claim for an unliquidated amount of money.
2. 2. Making an admission (O. 13A, r. 2)
1. (1) Where the only remedy that a plaintiff is seeking is the payment of money, the defendant may make an admission in accordance with-
1. (a) rule 4 (admission of whole of claim for liquidated amount of money);
2. (b) rule 5 (admission of part of claim for liquidated amount of money);
3. (c) rule 6 (admission of liability to pay whole of claim for unliquidated amount of money); or
4. (d) rule 7 (admission of liability to pay claim for unliquidated amount of money where defendant offers a sum in satisfaction of the claim).
1. (2) Where the defendant makes an admission as mentioned in paragraph (1), the plaintiff may enter judgment except where
1. (a) the defendant is a person under disability; or
2. (b) the plaintiff is a person under disability and the admission is made under rule 5 or 7.
1. (3) The Court may allow a party to amend or withdraw an admission if the Court considers it just to do so having regard to all the circumstances of the case.
2. (4) In this rule, "person under disability" (無行為能力的人) has the meaning assigned to it in Order 80, rule
3. 1.
1. 3. Period for making admission
2. (O. 13A, r. 3)
1. (1) The period for filing and serving an admission under rule 4, 5, 6 or 7 is-
1. (a) where the defendant is served with a writ, the period fixed by or under these Rules for service of his defence;
2. (b) where the defendant is served with an originating summons, the period fixed by or under these Rules for filing of his affidavit evidence; and
3. (c) in any other case, 14 days after service of the originating process.
1. (2) A defendant may file an admission under rule 4, 5, 6 or 7
1. (a) after the expiry of the period for filing it specified in paragraph (1)(a) if the plaintiff has not obtained a default judgment under Order 13 or 19; and
2. (b) after the expiry of the period for filing it specified in paragraph (1)(b) if the admission is filed and served before the date or the period fixed under Order 28, rule 2 for the hearing of the originating summons.
4. (3) If the defendant files an admission under paragraph (2), this Order applies as if he had made the admission specified in paragraph (1)(a) or (b), as the case may be.
1. 4. Admission of whole of claim for liquidated amount of money
2. (O. 13A, r. 4)
1. This rule applies where
1. the only remedy that the plaintiff is seeking is the payment of a liquidated amount of money; and
2. the defendant admits the whole of the claim.
1. The defendant may admit the claim by-
1. filing in the Registry an admission in Form No. 16 in Appendix A; and
2. serving a copy of the admission on the plaintiff.
1. The plaintiff may obtain judgment by filing in the Registry a request in Form No. 16A in Appendix A and, if he does so-
1. where the defendant has not requested time to pay, paragraphs (5), (6) and (7) apply;
2. where the defendant has requested time to pay, rule 9 applies.
1. If the plaintiff does not file a request for judgment within 14 days after the copy of the admission is served on him, the claim is stayed until he files the request.
1. The plaintiff may specify in his request for judgment-
1. the date by which the whole of the judgment debt is to be paid; or
2. the times and rate at which it is to be paid by instalments.
1. Upon receipt of the request for judgment, the Court shall enter judgment.
1. Judgment shall be for the amount of the claim (less any payments made) and costs to be paid
1. by the date or at the times and rate specified in the request for judgment; or
2. if none is specified, immediately.
1. Admission of part of claim for liquidated amount of money
2. (O. 13A, r. 5)
1. This rule applies where
1. the only remedy that the plaintiff is seeking is the payment of a liquidated amount of money; and
2. the defendant admits part of the claim in satisfaction of the whole claim.
1. The defendant may admit part of the claim by-
1. filing in the Registry an admission in Form No. 16 in Appendix A; and
2. serving a copy of the admission on the plaintiff.
1. Within 14 days after the copy of the admission is served on him, the plaintiff shall-
1. file in the Registry a notice in Form No. 16B in Appendix A, stating that
1. he accepts the amount admitted in satisfaction of the whole claim;
2. he does not accept the amount admitted by the defendant and wishes the proceedings to continue; or
2. (iii) if the defendant has requested time to pay, he accepts the amount admitted in satisfaction of the whole claim, but not the defendant's proposals as to payment; and
1. serve a copy of the notice on the defendant.
5. If the plaintiff does not file the notice in accordance with paragraph (3), the whole claim is stayed until he files the notice.
1. If the plaintiff accepts the amount admitted in satisfaction of the whole claim, he may obtain judgment by filing in the Registry a request in Form No. 16B in Appendix A and, if he does so-
1. where the defendant has not requested time to pay, paragraphs (6), (7) and (8) apply;
2. where the defendant has requested time to pay, rule 9 applies.
1. The plaintiff may specify in his request for judgment-
1. the date by which the whole of the judgment debt is to be paid; or
2. the times and rate at which it is to be paid by instalments.
1. Upon receipt of the request for judgment, the Court shall enter judgment.
1. Judgment shall be for the amount admitted (less any payments made) and costs to be paid
1. by the date or at the times and rate specified in the request for judgment; or
2. if none is specified, immediately.
6. Admission of liability to pay

whole of claim for unliquidated amount of money (O. 13A, r. 6)

(1)

This rule applies where

(a)

the only remedy that the plaintiff is seeking is the payment of money;

(b)

the amount of the claim is unliquidated; and

(c)

the defendant admits liability but does not offer to pay a liquidated amount of money in satisfaction of the claim.

(2)

The defendant may admit the claim by-

(a)

filing in the Registry an admission in Form No. 16C in Appendix A; and

(b)

serving a copy of the admission on the plaintiff.

(3)

The plaintiff may obtain judgment by filing in the Registry a request in Form No. 16D in Appendix A.

(4) If the plaintiff does not file a request for judgment within 14 days after the copy of the admission is served on him, the claim is stayed until he files the request.

(5)

Upon receipt of the request for judgment, the Court shall enter judgment.

(6)

Judgment shall be for an amount to be decided by the Court and costs.

7. Admission of liability to pay claim for unliquidated amount of money where defendant offers a sum in satisfaction of the claim

(O. 13A, r. 7)

(1)

This rule applies where

(a)

the only remedy that the plaintiff is seeking is the payment of money;

(b)

the amount of the claim is unliquidated; and

(c)

the defendant-

(i)

admits liability; and

(ii)

offers to pay a liquidated amount of money in satisfaction of the claim.

(2)

The defendant may admit the claim by-

(a)

filing in the Registry an admission in Form No. 16C in Appendix A; and

(b)

serving a copy of the admission on the plaintiff.

(3)

Within 14 days after the copy of the admission is served on him, the plaintiff shall-

(a)

file in the Registry a notice in Form No. 16E in Appendix A, stating whether or not he accepts the amount in satisfaction of the claim; and

(b)

serve a copy of the notice on the defendant.

(4)

If the plaintiff does not file the notice in accordance with paragraph (3), the claim is stayed until he files the notice.

(5)

If the plaintiff accepts the offer he may obtain judgment by filing in the Registry a request in Form No. 16E in Appendix A and if he does so-

(a)

where the defendant has not requested time to pay, paragraphs (6), (7) and (8) apply;

(b)

where the defendant has requested time to pay, rule 9 applies.

(6)

The plaintiff may specify in his request for judgment-

(a)

the date by which the whole of the judgment debt is to be paid; or

(b)

the times and rate at which it is to be paid by instalments.

(7)

Upon receipt of the request for judgment, the Court shall enter judgment.

(8)

Judgment shall be for the amount offered by the defendant (less any payments made) and costs to be paid

(a)

by the date or at the times and rate specified in the request for judgment; or

(b)

if none is specified, immediately.

(9)

If the plaintiff does not accept the amount offered by the defendant, he may obtain judgment by filing in the Registry a request in Form No. 16E in Appendix A.

(10) Judgment under paragraph (9) shall be for an amount to be decided by the Court and costs.

8. Power of Court to give directions

(O. 13A, r. 8)

Where the Court enters judgment under rule 6 or 7 for an amount to be decided by the Court, it may give such directions as it considers appropriate.

9. Request for time to pay

(O. 13A, r. 9)

(1) A defendant who makes an admission under rule 4, 5 or 7 may make a request for time to pay.

(2)

A request for time to pay is a proposal about the date of payment or a proposal to pay by instalments at the times and rate specified in the request.

(3) The defendant's request for time to pay must be filed with his admission.

(4)

If the plaintiff accepts the defendant's request for time to pay, he may obtain judgment by filing in the Registry a request for judgment in Form No. 16A, 16B or 16E (as the case may be) in Appendix A.

(5)

Upon receipt of the request for judgment, the Court shall enter judgment.

(6)

Judgment shall be-

(a)

where rule 4 applies, for the amount of the claim (less any payments made) and costs;

(b)

where rule 5 applies, for the amount admitted (less any payments made) and costs; or

(c)

where rule 7 applies, for the amount offered by the defendant (less any payments made) and costs, and (in all cases) shall be for payment by the date or at the times and rate specified in the defendant's request for time to pay.

(7)

Where judgment is for payment by instalments at the times and rate specified in the defendant's request for time to pay, then unless the Court otherwise orders and subject to paragraph (8), execution of the judgment is stayed pending payment.

(8)

If the defendant fails to pay an instalment or part of an instalment in accordance with the judgment, the stay of execution pursuant to paragraph (7) immediately ceases and the plaintiff may enforce the payment of the whole amount adjudged to be paid or the whole of any unpaid balance.

10. Determination of rate of payment by Court (O. 13A, r. 10)

(1) This rule applies where the defendant makes a request for time to pay under rule 9.

(2)

If the plaintiff does not accept the defendant's proposal for payment, he shall file in the Registry a notice in Form No. 16A, 16B or 16E (as the case may be) in Appendix A.

(3)

When the Court receives the plaintiff's notice, it shall enter judgment for the amount admitted (less any payments made) to be paid by the date or at the times and rate of payment determined by the Court.

(4) Where the Court is to determine the date or the times and rate of payment, it-

(a)

may do so without a hearing; but

(b)

shall consider-

(i)

the information set out in the defendant's admission filed in the Registry;

(ii)

the reasons why the plaintiff does not accept the defendant's proposal for payment; and

(iii) all other relevant matters.

(5)

If there is to be a hearing to determine the date or the times and rate of payment, the Court shall give each party at least 7 days' notice of the hearing.

11. Right of re-determination

(O. 13A, r. 11)

(1)

Where the Court has determined the date or the times and rate of payment under rule 10(4) without a hearing, either party may apply for the decision to be re-determined by the Court.

(2)

An application for re-determination must be made within 14 days after the applicant is served with notice of the determination.

12. Interest (O. 13A, r. 12)

(1) Judgment under rule 4, 5 or 7 must include the amount of interest claimed to the date of judgment if-

(a)

the plaintiff is seeking interest and he has stated in the endorsement of the writ or the statement of claim or the originating summons that he is doing so

(i)

under the terms of a contract;

(ii)

under a specified enactment; or

(iii) on some other specified basis;

(b)

where interest is claimed under section 49 of the Ordinance, the rate is no higher than the rate of interest payable on judgment debts at the date when the writ or the originating summons was issued; and

(c)

the plaintiff's request for judgment includes a calculation of the interest claimed for the period from the date up to which interest was stated to be calculated in the statement of claim or the originating summons to the date of the request for judgment.

(2) In any case where judgment is entered under rule 4, 5 or 7 and the conditions specified in paragraph (1) are not satisfied, judgment shall be for an amount of interest to be decided by the Court.

13. Form for admission to be served with writ or originating summons

(O. 13A, r. 13)

(1)

This rule applies where the only remedy that the plaintiff is seeking is the payment of money, whether or not the amount is liquidated.

(2)

Where a writ of summons, an originating summons or any other originating process is served on a defendant, it must be accompanied by-

(a)

if the amount of money which the plaintiff is seeking is liquidated, a copy of Form No. 16 in Appendix A for admitting the claim; and

(b)

if the amount of money which the plaintiff is seeking is unliquidated, a copy of Form No. 16C in Appendix A for admitting the claim.

14. Application

(O. 13A, r. 14)

(1)

This Order (other than rule 13) applies in relation to a writ of summons, an originating summons or any other originating process served before the commencement* of this Order if-

(a)

in the case of a writ of summons, the plaintiff has not obtained a default judgment under Order 13 or 19;

(b)

in the case of an originating summons, the admission is filed and served before the date or the period fixed under Order 28, rule 2; and

(c)

in the case of any other originating process, the period specified in rule 3(1)(c) for filing and serving an admission under rule 4, 5, 6 or 7 has not expired.

(2) This Order applies in relation to a counterclaim with the necessary modifications as if-

(a)

a reference to a claim or statement of claim were a reference to a counterclaim;

(b)

a reference to a plaintiff were a reference to the party making the counterclaim; and

(c)

a reference to a defendant were a reference to the defendant to the counterclaim.

(3)

Where a defendant has made a claim against a person not already a party to the action under Order 16, rule 1 or 8, this Order applies in relation to that claim and any other claim made under Order 16, rule 9 with the necessary modifications as if-

(a)

a reference to a plaintiff were a reference to the person who makes the claim; and

(b)

a reference to a defendant were a reference to the person against whom the claim is made.

(L.N. 153 of 2008)

Note:

* Commencement day: 2 April 2009.

1. Application by plaintiff for summary judgment

(O. 14, r. 1)

(1) Where in an action to which this rule applies a statement of claim has been served on a defendant and that defendant has given notice of intention to defend the action, the plaintiff may, on the ground that that defendant has no defence to a claim included in the writ, or to a particular part of such a claim, or has no defence to such a claim or part except as to the amount of any damages claimed, apply to the Court for judgment against that defendant.

(2)

Subject to paragraph (3), this rule applies to every action begun by writ other than-

(a)

an action which includes a claim by the plaintiff for libel, slander, malicious prosecution, false imprisonment or seduction; or

(b)

an action which includes a claim by the plaintiff based on an allegation of fraud.

(3)

This Order shall not apply to an action to which Order 86 or 88 applies.

2. Manner in which application under rule 1 must be made (O. 14, r. 2)

(1)

An application under rule 1 must be made by summons supported by an affidavit verifying the facts on which the claim, or the part of a claim, to which the application relates is based and stating that in the deponent's belief there is no defence to that claim or part, as the case may be, or no defence except as to the amount of any damages claimed.

(2)

Unless the Court otherwise directs, an affidavit for the purposes of this rule may contain statements of information or belief with the sources and grounds thereof.

(3)

The summons, a copy of the affidavit in support and of any exhibits referred to therein must be served on the defendant not less than 10 clear days before the return day.

3. Judgment for plaintiff (O. 14, r. 3)

(1)

Unless on the hearing of an application under rule 1 either the Court dismisses the application or the defendant satisfies the Court with respect to the claim, or the part of a claim, to which the application relates that there is an issue or question in dispute which ought to be tried or that there ought for some other reason to be a trial of that claim or part, the Court may give such judgment for the plaintiff against that defendant on that claim or part as may be just having regard to the nature of the remedy or relief claimed. (See Appendix A, Form 44)

(2)

The Court may by order, and subject to such conditions, if any, as may be just, stay execution of any judgment given against a defendant under this rule until after the trial of any counterclaim made or raised by the defendant in the action.

4. Leave to defend (O. 14, r. 4)

(1)

A defendant may show cause against an application under rule 1 by affidavit or otherwise to the satisfaction of the Court.

(2) Rule 2(2) applies for the purposes of this rule as it applies for the purposes of that rule.

(3)

The Court may give a defendant against whom such an application is made leave to defend the action with respect to the claim, or the part of a claim, to which the application relates either unconditionally or on such terms as to giving security or time or mode of trial or otherwise as it thinks fit.

(4)

On the hearing of such an application the Court may order a defendant showing cause or, where that defendant is a body corporate, any director, manager, secretary or other similar officer thereof, or any person purporting to act in any such capacity-

(a)

to produce any document;

(b)

if it appears to the Court that there are special circumstances which make it desirable that he should do so, to attend and be examined on oath.

5. Application for summary judgment on

counterclaim (O. 14, r. 5)

(1)

Where a defendant to an action begun by writ has served a counterclaim on the plaintiff, then, subject to paragraph (3), the defendant may, on the ground that the plaintiff has no defence to a claim made in the counterclaim, or to a particular part of such a claim, apply to the Court for judgment against the plaintiff on that claim or part.

(2)

Rules 2, 3 and 4 shall apply in relation to an application under this rule as they apply in relation to an application under rule 1 but with the following modifications, that is to say

(a)

references to the plaintiff and defendant shall be construed as references to the defendant and plaintiff respectively;

(b)

the words in rule 3(2) "any counterclaim made or raised by the defendant in" shall be omitted; and

(c)

the reference in rule 4(3) to the action shall be construed as a reference to the counterclaim to which the application under this rule relates.

(3) This rule shall not apply to a counterclaim which includes any such claim as is referred to in rule 1(2).

6. Directions (O. 14, r. 6)

(1) Where the Court-

(a)

orders that a defendant or a plaintiff have leave (whether conditional or unconditional) to defend an action or counterclaim, as the case may be, with respect to a claim or a part of a claim; or

(b)

gives judgment for a plaintiff or a defendant on a claim or part of a claim but also orders that execution

of the judgment be stayed pending the trial of a counterclaim or of the action, as the case may be, the Court shall give directions as to the further conduct of the action, and Order 25, rules 5 to 10, with the omission of so much of rule 10(1) as requires parties to serve a notice specifying the orders and directions which they require and with any other necessary modifications, apply as if the application under rule 1 of this Order or rule 5 thereof, as the case may be, on which the order was made were a case management summons. (L.N. 153 of 2008)

(2) In particular, and if the parties consent, the Court may direct that the claim in question and any other claim in the action be tried by a master under the provisions of these Rules relating to the trial of causes or matters or questions or issues by masters.

7. Costs (O. 14, r. 7)

(1)

If the plaintiff makes an application under rule 1 where the case is not within this Order or if it appears to the Court that the plaintiff knew that the defendant relied on a contention which would entitle him to unconditional leave to defend, then, without prejudice to Order 62 and in particular to rule 4(1) thereof, the Court may dismiss the application with costs and may require the costs to be paid by him forthwith.

(2)

The Court shall have the same power to dismiss an application under rule 5 as it has under paragraph (1) to dismiss an application under rule 1, and that paragraph shall apply accordingly with the necessary modifications.

8. Right to proceed with residue of action or counterclaim (O. 14, r. 8)

(1)

Where on an application under rule 1 the plaintiff obtains judgment on a claim or a part of a claim against any defendant, he may proceed with the action as respects any other claim or as respects the remainder of the claim or against any other defendant.

(2)

Where on an application under rule 5 a defendant obtains judgment on a claim or a part of a claim made in a counterclaim against the plaintiff, he may proceed with the counterclaim as respects any other claim or as respects the remainder of the claim or against any other defendant to the counterclaim.

1. Judgment for delivery up of chattel (O. 14, r. 9)
2. Where the claim to which an application under rule 1 or 5 relates is for the delivery up of a specific chattel and the Court gives judgment under this Order for the applicant, it shall have the same power to order the party against whom judgment is given to deliver up the chattel without giving him an option to retain it on paying the assessed value thereof as if the judgment had been given after trial.
1. Relief against forfeiture (O. 14, r. 10)
2. A tenant shall have the same right to apply for relief after judgment for possession of land on the ground of forfeiture for non-payment of rent has been given under this Order as if the judgment had been given after trial.
1. Setting aside judgment (O. 14, r. 11)

Any judgment given against a party who does not appear at the hearing of an application under rule 1 or 5 may be set aside or varied by the Court on such terms as it thinks just.

1. Determination of questions of law or construction (O. 14A, r. 1)

(1)

The Court may upon the application of a party or of its own motion determine any question of law or construction of any document arising in any cause or matter at any stage of the proceedings where it appears to the Court that

(a)

such question is suitable for determination without a full trial of the action; and

(b)

such determination will finally determine (subject only to any possible appeal) the entire cause or matter or any claim or issue therein.

(2)

Upon such determination the Court may dismiss the cause or matter or make such order or judgment as it thinks just.

(3)

The Court shall not determine any question under this Order unless the parties have either-

(a)

had an opportunity of being heard on the question; or

(b)

consented to an order or judgment on such determination.

(4)

The jurisdiction of the Court under this Order may be exercised by a master.

(5)

Nothing in this Order shall limit the powers of the Court under Order 18, rule 19 or any other provision of these Rules.

2. Manner in which application under rule 1 may be made (O. 14A, r. 2)

An application under rule 1 may be made by summons or (notwithstanding Order 32, rule 1) may be made orally in the course of any interlocutory application to the Court.

1. Joinder of causes of action (O. 15, r. 1)

(1)

Subject to rule 5(1), a plaintiff may in one action claim relief against the same defendant in respect of more than one cause of action-

(a)

if the plaintiff claims, and the defendant is alleged to be liable, in the same capacity in respect of all the causes of action; or

(b)

if the plaintiff claims or the defendant is alleged to be liable in the capacity of executor or administrator of an estate in respect of one or more of the causes of action and in his personal capacity but with reference to the same estate in respect of all the others; or

(c)

with the leave of the Court.

(2)

An application for leave under this rule must be made ex parte by affidavit before the issue of the writ or originating summons, as the case may be, and the affidavit must state the grounds of the application.

2. Counterclaim against plaintiff (O. 15, r. 2)

(1)

Subject to rule 5(2), a defendant in any action who alleges that he has any claim or is entitled to any relief or remedy against a plaintiff in the action in respect of any matter (whenever and however arising) may, instead of

bringing a separate action, make a counterclaim in respect of that matter; and where he does so he must add the counterclaim to his defence.

(2)

Rule 1 shall apply in relation to a counterclaim as if the counterclaim were a separate action and as if the person making the counterclaim were the plaintiff and the person against whom it is made a defendant.

(3)

A counterclaim may be proceeded with notwithstanding that judgment is given for the plaintiff in the action or that the action is stayed, discontinued or dismissed.

(4)

Where a defendant establishes a counterclaim against the claim of the plaintiff and there is a balance in favour of one of the parties, the Court may give judgment for the balance, so, however, that this provision shall not be taken as affecting the Court's discretion with respect to costs.

3. Counterclaim against additional parties (O. 15, r. 3)

(1)

Where a defendant in an action who makes a counterclaim against the plaintiff alleges that any other person (whether or not a party to the action) is liable to him along with the plaintiff in respect of the subject-matter of the counterclaim, or claims against such other person any relief relating to or connected with the original subject-matter of the action, then, subject to rule 5(2), he may join that other person as a party against whom the counterclaim is made.

(2)

Where a defendant joins a person as a party against whom he makes a counterclaim, he must add that person's name to the title of the action and serve on him a copy of the counterclaim and, in the case of a person who is not already a party to the action, the defendant must issue the counterclaim out of the Registry and serve on the person concerned a sealed copy of the counterclaim together with a form of acknowledgment of service in Form No. 14 in Appendix A (with such modifications as the circumstances may require) and a copy of the writ or originating summons by which the action was begun and of all other pleadings served in the action; and a person on whom a copy of a counterclaim is served under this paragraph shall, if he is not already a party to the action, become a party to it as from the time of service with the same rights in respect of his defence to the counterclaim and otherwise as if he had been duly sued in the ordinary way by the party making the counterclaim.

(3)

A defendant who is required by paragraph (2) to serve a copy of the counterclaim made by him on any person who before service is already a party to the action must do so within the period within which, by virtue of Order 18, rule 2, he must serve on the plaintiff the defence to which the counterclaim is added.

(4)

The appropriate office for issuing and acknowledging service of a counterclaim against a person who is not already a party to the action is the Registry.

(5)

Where by virtue of paragraph (2) a copy of a counterclaim is required to be served on a person who is not already a party to the action, the following provisions of these Rules, namely, Order 6, rule 7(3) and (5) and Orders 10, 11, 12 and 13 shall, subject to paragraph (4), apply in relation to the counterclaim and the proceedings arising from it as if-

(a)

the counterclaim were a writ and the proceedings arising from it in an action; and

(b)

the party making the counterclaim were a plaintiff and the party against whom it is made a defendant in that action.

(5A) Where by virtue of paragraph (2) a copy of a counterclaim is required to be served on any person other than the plaintiff, who before service is already a party to the action, the provisions of Order 14, rule 5 shall apply in relation to the counterclaim and the proceedings arising from it as if the party against whom the counterclaim is made were the plaintiff in the action.

(6) A copy of a counterclaim required to be served on a person who is not already a party to the action must be indorsed with a notice, in Form No. 17 in Appendix A, addressed to that person.

4. Joinder of parties (O. 15, r. 4)

(1)

Subject to rule 5(1), 2 or more persons may be joined together in one action as plaintiffs or as defendants with the leave of the Court or where-

(a)

if separate actions were brought by or against each of them, as the case may be, some common question of law or fact would arise in all the actions; and

(b)

all rights to relief claimed in the action (whether they are joint, several or alternative) are in respect of or arise out of the same transaction or series of transactions.

(2)

Where the plaintiff in any action claims any relief to which any other person is entitled jointly with him, all persons so entitled must, subject to the provisions of any written law and unless the Court gives leave to the contrary, be parties to the action and any of them who does not consent to being joined as a plaintiff must, subject to any order

made by the Court on an application for leave under this paragraph, be made a defendant.

(3) Where relief is claimed in an action against a defendant who is jointly liable with some other person and also severally liable, that other person need not be made a defendant to the action; but where persons are jointly, but not severally, liable under a contract and relief is claimed against some but not all of those persons in an action in respect of that contract, the Court may, on the application of any defendant to the action, by order stay proceedings in the action until the other persons so liable are added as defendants.

5. Court may order separate trials, etc. (O. 15, r. 5)

(1) If claims in respect of 2 or more causes of action are included by a plaintiff in the same action or by a defendant in a counterclaim, or if 2 or more plaintiffs or defendants are parties to the same action, and it appears to the Court that the joinder of causes of action or of parties, as the case may be, may embarrass or delay the trial or is otherwise inconvenient, the Court may order separate trials or make such other order as may be expedient.

(2) If it appears on the application of any party against whom a counterclaim is made that the subject-matter of the counterclaim ought for any reason to be disposed of by a separate action, the Court may order the counterclaim to be struck out or may order it to be tried separately or make such other order as may be expedient.

6. Misjoinder and nonjoinder of parties (O. 15, r. 6)

(1) No cause or matter shall be defeated by reason of the misjoinder or nonjoinder of any party; and the Court may in any cause or matter determine the issues or questions in dispute so far as they affect the rights and interests of the persons who are parties to the cause or matter.

(2) Subject to this rule, at any stage of the proceedings in any cause or matter the Court may on such terms as it thinks just and either of its own motion or on application

(a) order any person who has been improperly or unnecessarily made a party or who has for any reason ceased to be a proper or necessary party, to cease to be a party;

(b) order any of the following persons to be added as a party, namely-

(i) any person who ought to have been joined as a party or whose presence before the Court is necessary to ensure that all matters in dispute in the cause or matter may be effectually and completely determined and adjudicated upon; or

(ii) any person between whom and any party to the cause or matter there may exist a question or issue arising out of or relating to or connected with any relief or remedy claimed in the cause or matter which in the opinion of the Court it would be just and convenient to determine as between him and that party as well as between the parties to the cause or matter.

(3) An application by any person for an order under paragraph (2) adding him as a party must, except with the leave of the Court, be supported by an affidavit showing his interest in the matters in dispute in the cause or matter or, as the case may be, the question or issue to be determined as between him and any party to the cause or matter.

(4) No person shall be added as a plaintiff without his consent signified in writing or in such other manner as may be authorized.

(5) No person shall be added or substituted as a party after the expiry of any relevant period of limitation unless either-

(a) the relevant period was current at the date when proceedings were commenced and it is necessary for the determination of the action that the new party should be added, or substituted; or

(b) the relevant period arises under the provisions of section 27 or 28 of the Limitation Ordinance (Cap 347) and the Court directs that those provisions should not apply to the action by or against the new party.

In this paragraph, "any relevant period of limitation" (任何有關的時效期) means a time limit under the Limitation Ordinance (Cap 347).

(6) The addition or substitution of a new party shall be treated as necessary for the purposes of paragraph (5)(a) if, and only if, the Court is satisfied that-

(a) the new party is a necessary party to the action in that property is vested in him at law or in equity and the plaintiff's claim in respect of an equitable interest in that property is liable to be defeated unless the new party is joined; or

(b) the relevant cause of action is vested in the new party and the plaintiff jointly but not severally; or

(c) the new party is the Secretary for Justice and the proceedings should have been brought by relator

proceedings in his name; or

(d)

the new party is a company in which the plaintiff is a shareholder and on whose behalf the plaintiff is suing to enforce a right vested in the company; or

(e)

the new party is sued jointly with the defendant and is not also liable severally with him and failure to join the new party might render the claim unenforceable.

6A. Proceedings by and against estates (O. 15, r. 6A)

(1)

Where any person against whom an action would have lain has died but the cause of action survives, the action may, if no grant of probate or administration has been made, be brought against the estate of the deceased.

(2)

Without prejudice to the generality of paragraph (1), an action brought against "the personal representatives of A.B. deceased" shall be treated, for the purposes of that paragraph, as having been brought against his estate.

(3)

An action purporting to have been commenced by or against a person shall be treated, if he was dead at its commencement and the cause of action survives, as having been commenced by his estate or against it in accordance with paragraph (1), as the case may be, whether or not a grant of probate or administration was made before its commencement.

(4) In any such action as is referred to in paragraph (1) or (3)-

(a)

the plaintiff shall, and the defendant, the personal representative of the deceased or any person interested in the deceased's estate may, during the period of validity for service of the writ or originating summons, apply to the Court for an order appointing a person to represent the deceased's estate for the purpose of the proceedings or, if a grant of probate or administration has been made, for an order that the personal representative of the deceased be made a party to the proceedings, and in either case for an order that the proceedings be carried on against the person so appointed or, as the case may be, against the personal representative, as if he had been substituted for the estate;

(b)

the Court may, at any stage of the proceedings and on such terms as it thinks just and either of its own motion or on application, make any such order as is mentioned in subparagraph (a) and allow such amendments (if any) to be made and make such other order as the Court thinks necessary in order to ensure that all matters in dispute in the proceedings may be effectually and completely determined and adjudicated upon.

(5)

Before making an order under paragraph (4) the Court may require notice to be given to any insurer of the deceased who has an interest in the proceedings and to such (if any) of the persons having an interest in the estate as it thinks fit.

(5A) Where an order is made under paragraph (4) at the instance of a plaintiff appointing the Official Solicitor to represent the deceased's estate, the appointment shall be limited to his accepting service of the writ or originating summons by which the action was begun unless, either on making such an order or on a subsequent application, the Court, with the consent of the Official Solicitor, directs that the appointment shall extend to taking further steps in the proceedings.

(6)

Where an order is made under paragraph (4), rules 7(4) and 8(3) and (4) shall apply as if the order had been made under rule 7 on the application of the plaintiff.

(7)

Where no grant of probate or administration has been made, any judgment or order given or made in the proceedings shall bind the estate to the same extent as it would have been bound if a grant had been made and a personal representative of the deceased had been a party to the proceedings.

7. Change of parties by reason of death, etc.

(O. 15, r. 7)

(1)

Where a party to an action dies or becomes bankrupt but the cause of action survives, the action shall not abate by reason of the death or bankruptcy.

(2)

Where at any stage of the proceedings in any cause or matter the interest or liability of any party is assigned or transmitted to or devolves upon some other person, the Court may, if it thinks it necessary in order to ensure that all matters in dispute in the cause or matter may be effectually and completely determined and adjudicated upon, order that other person to be made a party to the cause or matter and the proceedings to be carried on as if he had been substituted for the first-mentioned party.

An application for an order under this paragraph may be made ex parte.

(3) An order may be made under this rule for a person to be made a party to a cause or matter notwithstanding that he is already a party to it on the other side of the record, or on the same side but in a different capacity; but-

(a)

if he is already a party on the other side, the order shall be treated as containing a direction that he shall cease to be a party on that other side; and

(b)

if he is already a party on the same side but in another capacity, the order may contain a direction that he shall cease to be a party in that other capacity.

(4)

The person on whose application an order is made under this rule must procure the order to be noted in the cause book, and after the order has been so noted that person must, unless the Court otherwise directs, serve the order on every other person who is a party to the cause or matter or who becomes or ceases to be a party by virtue of the order and serve with the order on any person who becomes a defendant a copy of the writ or originating summons by which the cause or matter was begun and of all other pleadings served in the proceedings and a form of acknowledgment of service in Form No. 14 or 15 in Appendix A, whichever is appropriate.

(5)

Any application to the Court by a person served with an order made ex parte under this rule for the discharge or variation of the order must be made within 14 days after the service of the order on that person.

8. Provisions consequential on making of order under rule 6 or 7 (O. 15, r. 8)

(1)

Where an order is made under rule 6 the writ by which the action in question was begun must be amended accordingly and must be indorsed with-

(a) a reference to the order in pursuance of which the amendment is made; and

(b)

the date on which the amendment is made, and the amendment must be made within such period as may be specified in the order or, if no period is so specified, within 14 days after the making of the order.

(2)

Where by an order under rule 6 a person is to be made a defendant, the rules as to service of a writ of summons shall apply accordingly to service of the amended writ on him, but before serving the writ on him the person on whose application the order was made must procure the order to be noted in the cause book.

(2A) Together with the writ of summons served under paragraph (2) shall be served a copy of all other pleadings served in the action.

(3)

Where by an order under rule 6 or 7 a person is to be made a defendant, the rules as to acknowledgment of service shall apply accordingly to acknowledgment of service by him subject, in the case of a person to be made a defendant by an order under rule 7, to the modification that the time limited for acknowledging service shall begin with the date on which the order is served on him under rule 7(4) or, if the order is not required to be served on him, with the date on which the order is noted in the cause book.

(4)

Where by an order under rule 6 or 7 a person is to be added as a party or is to be made a party in substitution for some other party, that person shall not become a party until

(a)

where the order is made under rule 6, the writ has been amended in relation to him under this rule and (if he is a defendant) has been served on him; or

(b)

where the order is made under rule 7, the order has been served on him under rule 7(4) or, if the order

is not required to be served on him, the order has been noted in the cause book, and where by virtue of this paragraph a person becomes a party in substitution for some other party, all things done in the course of the proceedings before the making of the order shall have effect in relation to the new party as they had in relation to the old except that acknowledgment of service by the old party shall not dispense with acknowledgment of service by the new.

(5) This rule applies in relation to an action begun by originating summons as it applies in relation to an action begun by writ.

9. Failure to proceed after death of party

(O. 15, r. 9)

(1)

If after the death of a plaintiff or defendant in any action the cause of action survives, but no order under rule 7 is made substituting as plaintiff any person in whom the cause of action vests or, as the case may be, the personal representatives of the deceased defendant, the defendant or, as the case may be, those representatives may apply to the Court for an order that unless the action is proceeded with within such time as may be specified in the order the action shall be struck out as against the plaintiff or defendant, as the case may be, who has died; but where it is the plaintiff who has died, the Court shall not make an order under this rule unless satisfied that due notice of the

application has been given to the personal representatives (if any) of the deceased plaintiff and to any other interested persons who, in the opinion of the Court, should be notified.

(2)

Where in any action a counterclaim is made by a defendant, this rule shall apply in relation to the counterclaim as if the counterclaim were a separate action and as if the defendant making the counterclaim were the plaintiff and the person against whom it is made a defendant.

10. Actions for possession of land (O. 15, r. 10)

(1)

Without prejudice to rule 6, the Court may at any stage of the proceedings in an action for possession of land order any person not a party to the action who is in possession of the land (whether in actual possession or by a tenant) to be added as a defendant.

(2)

An application by any person for an order under this rule may be made ex parte, supported by an affidavit showing that he is in possession of the land in question and if by a tenant, naming him.

The affidavit shall specify the applicant's address for service and Order 12, rule 3(2), (3) and (4), shall apply as if the affidavit were an acknowledgment of service.

(3)

A person added as a defendant by an order under this rule must serve on the plaintiff a copy of the order giving the added defendant's address for service specified in accordance with paragraph (2).

1. Relator actions (O. 15, r. 11)
2. Before the name of any person is used in any action as relator, that person must give a written authorization so to use his name to his solicitor and the authorization must be filed in the Registry.
1. Representative proceedings (O. 15, r. 12)

(1)

Where numerous persons have the same interest in any proceedings, not being such proceedings as are mentioned in rule 13, the proceedings may be begun, and, unless the Court otherwise orders, continued, by or against any one or more of them as representing all or as representing all except one or more of them.

(2)

At any stage of proceedings under this rule the Court may, on the application of the plaintiff, and on such terms, if any, as it thinks fit, appoint any one or more of the defendants or other persons as representing whom the defendants are sued to represent all, or all except one or more, of those persons in the proceedings; and where, in exercise of the power conferred by this paragraph, the Court appoints a person not named as a defendant, it shall make an order under rule 6 adding that person as a defendant.

(3)

A judgment or order given in proceedings under this rule shall be binding on all the persons as representing whom the plaintiffs sue or, as the case may be, the defendants are sued, but shall not be enforced against any person not a party to the proceedings except with the leave of the Court.

(4)

An application for the grant of leave under paragraph (3) must be made by summons which must be served personally on the person against whom it is sought to enforce the judgment or order.

(5)

Notwithstanding that a judgment or order to which any such application relates is binding on the person against whom the application is made, that person may dispute liability to have the judgment or order enforced against him on the ground that by reason of facts and matters particular to his case he is entitled to be exempted from such liability.

(6)

The Court hearing an application for the grant of leave under paragraph (3) may order the question whether the judgment or order is enforceable against the person against whom the application is made to be tried and determined in any manner in which any issue or question in an action may be tried and determined.

13. Representation of interested persons who cannot be ascertained, etc. (O. 15, r. 13)

(1) In any proceedings concerning

(a)

the estate of a deceased person; or

(b)

property subject to a trust; or

(c) the construction of a written instrument, including an Ordinance or any other written law, the Court, if satisfied that it is expedient so to do, and that one or more of the conditions specified in paragraph (2) are satisfied, may appoint one or more persons to represent any person (including an unborn person) or class who is or may be interested (whether presently or for any future, contingent or unascertained interest) in or affected by the proceedings.

(2) The conditions for the exercise of the power conferred by paragraph (1) are as follows-

(a)

that the person, the class or some member of the class, cannot be ascertained or cannot readily be ascertained;

(b)

that the person, class or some member of the class, though ascertained, cannot be found;

(c)

that, though the person or the class and the members thereof can be ascertained and found, it appears to the Court expedient (regard being had to all the circumstances, including the amount at stake and the degree of difficulty of the point to be determined) to exercise the power for the purpose of saving expense.

(3)

Where in any proceedings to which paragraph (1) applies, the Court exercises the power conferred by that paragraph, a judgment or order of the Court given or made when the person or persons appointed in exercise of that power are before the Court shall be binding on the person or class represented by the person or persons so appointed.

(4)

Where, in any such proceedings, a compromise is proposed and some of the persons who are interested in, or who may be affected by, the compromise are not parties to the proceedings (including unborn or unascertained persons) but

(a) there is some other person in the same interest before the Court who assents to the compromise or on whose behalf the Court sanctions the compromise; or

(b)

the absent persons are represented by a person appointed under paragraph (1) who so assents, the Court, if satisfied that the compromise will be for the benefit of the absent persons and that it is expedient to exercise this power, may approve the compromise and order that it shall be binding on the absent persons, and they shall be bound accordingly except where the order has been obtained by fraud or non-disclosure of material facts.

13A. Notice of action to non-parties (O. 15, r. 13A)

(1)

At any stage in an action to which this rule applies, the Court may, on the application of any party or of its own motion, direct that notice of the action be served on any person who is not a party thereto but who will or may be affected by any judgment given therein.

(2)

An application under this rule may be made ex parte and shall be supported by an affidavit stating the grounds of the application.

(3)

Every notice of an action under this rule shall be in Form No. 52 in Appendix A and the copy to be served shall be a sealed copy and accompanied by a copy of the originating summons or writ and of all other pleadings served in the action, and by a form of acknowledgment of service in Form No. 14 or 15 in Appendix A with such modifications as may be appropriate.

(4)

A person may, within 14 days of service on him of a notice under this rule, acknowledge service of the writ or originating summons and shall thereupon become a party to the action, but in default of such acknowledgment and subject to paragraph (5) he shall be bound by any judgment given in the action as if he was a party thereto.

(5)

If at any time after service of such notice on any person the writ or originating summons is amended so as substantially to alter the relief claimed, the Court may direct that the judgment shall not bind such person unless a further notice together with a copy of the amended writ or originating summons is issued and served upon him under this rule.

(6) This rule applies to any action relating to-

(a)

the estate of a deceased person; or

(b)

property subject to a trust.

(7)

Order 6, rule 7(3) and (5) shall apply in relation to a notice of an action under this rule as if the notice were a writ and the person by whom the notice is issued were the plaintiff.

14. Representation of beneficiaries by trustees, etc. (O. 15, r. 14)

(1)

Any proceedings, including proceedings to enforce a security by foreclosure or otherwise, may be brought by or against trustees, executors or administrators in their capacity as such without joining any of the persons having a beneficial interest in the trust or estate, as the case may be; and any judgment or order given or made in those proceedings shall be binding on those persons unless the Court in the same or other proceedings otherwise orders on the ground that the trustees, executors or administrators, as the case may be, could not or did not in fact represent the

interests of those persons in the first-mentioned proceedings.

(2)

Paragraph (1) is without prejudice to the power of the Court to order any person having such an interest as aforesaid to be made a party to the proceedings or to make an order under rule 13.

15. Representation of deceased person interested in proceedings (O. 15, r. 15)

(1)

Where in any proceedings it appears to the Court that a deceased person was interested in the matter in question in the proceedings and that he has no personal representative, the Court may, on the application of any party to the proceedings, proceed in the absence of a person representing the estate of the deceased person or may by order appoint a person to represent that estate for the purposes of the proceedings; and any such order, and any judgment or order subsequently given or made in the proceedings, shall bind the estate of the deceased person to the same extent as it would have been bound had a personal representative of that person been a party to the proceedings.

(2)

Before making an order under this rule, the Court may require notice of the application for the order to be given to such (if any) of the persons having an interest in the estate as it thinks fit.

1. Declaratory judgment (O. 15, r. 16)
2. No action or other proceeding shall be open to objection on the ground that a merely declaratory judgment or order is sought thereby, and the Court may make binding declarations of right whether or not any consequential relief is or could be claimed.
1. Conduct of proceedings (O. 15, r. 17)

The Court may give the conduct of any action, inquiry or other proceedings to such person as it thinks fit.

1. Third party notice (O. 16, r. 1)

(1) Where in any action a defendant who has given notice of intention to defend

(a)

claims against a person not already a party to the action any contribution or indemnity; or

(b)

claims against such a person any relief or remedy relating to or connected with the original subject-matter of the action and substantially the same as some relief or remedy claimed by the plaintiff; or

(c)

requires that any question or issue relating to or connected with the original subject-matter of the action should be determined not only as between the plaintiff and the defendant but also as between either or both of them and a person not already a party to the action,

then, subject to paragraph (2), the defendant may issue a notice in Form No. 20 or 21 in Appendix A, whichever is appropriate (in this Order referred to as a third party notice), containing a statement of the nature of the claim made against him and, as the case may be, either of the nature and grounds of the claim made by him or of the question or issue required to be determined.

(2)

A defendant to an action may not issue a third party notice without the leave of the Court unless the action was begun by writ and he issues the notice before serving his defence on the plaintiff.

(3)

Where a third party notice is served on the person against whom it is issued, he shall as from the time of service be a party to the action (in this Order referred to as a third party) with the same rights in respect of his defence against any claim made against him in the notice and otherwise as if he had been duly sued in the ordinary way by the defendant by whom the notice is issued.

2. Application for leave to issue third party notice (O. 16, r. 2)

(1) An application for leave to issue a third party notice may be made ex parte but the Court may direct a summons for leave to be issued.

(2) An application for leave to issue a third party notice must be supported by an affidavit stating

(a)

the nature of the claim made by the plaintiff in the action;

(b)

the stage which proceedings in the action have reached;

(c)

the nature of the claim made by the applicant or particulars of the question or issue required to be determined, as the case may be, and the facts on which the proposed third party notice is based; and

(d)

the name and address of the person against whom the third party notice is to be issued.

3. Issue, service and acknowledgment of service of third party notice (O. 16, r. 3)

(1)

The order granting leave to issue a third party notice may contain directions as to the period within which the notice is to be issued.

(2)

There must be served with every third party notice a copy of the writ or originating summons by which the action was begun and of the pleadings (if any) served in the action and a form of acknowledgment of service in Form No. 14 in Appendix A with such modifications as may be appropriate.

(3) The appropriate office for acknowledging service of a third party notice is the Registry.

(4)

Subject to this rule, the following provisions of these Rules, namely, Order 6, rule 7(3) and (5), Order 10, Order 11 and Order 12, shall apply in relation to a third party notice and to the proceedings begun thereby as if-

(a)

the third party notice were a writ and the proceedings begun thereby an action; and

(b)

the defendant issuing the third party notice were a plaintiff and the person against whom it is issued a defendant in that action:

Provided that in the application of Order 11, rule 1(1)(c) leave may be granted to serve a third party notice outside the jurisdiction on any necessary or proper party to the proceedings brought against the defendant.

4. Third party directions (O. 16, r. 4)

(1)

If the third party gives notice of intention to defend, the defendant who issued the third party notice must, by summons to be served on all the other parties to the action, apply to the Court for directions.

(2)

If no summons is served on the third party under paragraph (1), the third party may, not earlier than 7 days after giving notice of intention to defend, by summons to be served on all the other parties to the action, apply to the Court for directions or for an order to set aside the third party notice.

(3) On an application for directions under this rule the Court may

(a)

if the liability of the third party to the defendant who issued the third party notice is established on the hearing, order such judgment as the nature of the case may require to be entered against the third party in favour of the defendant; or

(b)

order any claim, question or issue stated in the third party notice to be tried in such manner as the Court may direct; or

(c)

dismiss the application and terminate the proceedings on the third party notice, and may do so either before or after any judgment in the action has been signed by the plaintiff against the defendant.

(4)

On an application for directions under this rule the Court may give the third party leave to defend the action, either alone or jointly with any defendant, upon such terms as may be just, or to appear at the trial and to take such part therein as may be just, and generally may make such orders and give such directions as appear to the Court proper for having the rights and liabilities of the parties most conveniently determined and enforced and as to the extent to which the third party is to be bound by any judgment or decision in the action.

(5) Any order made or direction given under this rule may be varied or rescinded by the Court at any time.

5. Default of third party, etc. (O. 16, r. 5)

(1)

If a third party does not give notice of intention to defend or, having been ordered to serve a defence, fails to do so

(a)

he shall be deemed to admit any claim stated in the third party notice and shall be bound by any judgment (including judgment by consent) or decision in the action in so far as it is relevant to any claim, question or issue stated in that notice; and

(b)

the defendant by whom the third party notice was issued may, if judgment in default is given against him in the action, at any time after satisfaction of that judgment and, with the leave of the Court, before satisfaction thereof, enter judgment against the third party in respect of any contribution, and, with the leave of the Court, in respect of any other relief or remedy claimed therein.

(2) If a third party or the defendant by whom a third party notice was issued makes default in serving any pleading which he is ordered to serve, the Court may, on the application by summons of that defendant or the third party, as the case may be, order such judgment to be entered for the applicant as he is entitled to on the pleadings or may make such other order as may appear to the Court necessary to do justice between the parties.

(3) The Court may at any time set aside or vary a judgment entered under paragraph (1)(b) or (2) on such terms (if any) as it thinks just.

1. 6. Setting aside third party proceedings (O. 16, r. 6)
2. Proceedings on a third party notice may, at any stage of the proceedings, be set aside by the Court.
1. 7. Judgment between defendant and third party

(O. 16, r. 7)

(1) Where in any action a defendant has served a third party notice, the Court may at or after the trial of the action or, if the action is decided otherwise than by trial, on an application by summons, order such judgment as the nature of the case may require to be entered for the defendant against the third party or for the third party against the defendant.

(2) Where judgment is given for the payment of any contribution or indemnity to a person who is under a liability to make a payment in respect of the same debt or damage, execution shall not issue on the judgment without the leave of the Court until that liability has been discharged.

(3) For the purpose of paragraph (2), "liability" (法律責任) includes liability under a judgment in the same or

other proceedings and liability under an agreement to which section 3(4) of the Civil Liability (Contribution) Ordinance (Cap 377) applies.

8. Claims and issues between a defendant and some other party (O. 16, r. 8)

(1) Where in any action a defendant who has given notice of intention to defend

(a) claims against a person who is already a party to the action any contribution or indemnity; or

(b) claims against such a person any relief or remedy relating to or connected with the original subject-matter of the action and substantially the same as some relief or remedy claimed by the plaintiff; or

(c) requires that any question or issue relating to or connected with the original subject-matter of the action should be determined not only as between the plaintiff and himself but also as between either or both of them and some other person who is already a party to the action,

then, subject to paragraph (2), the defendant may, without leave, issue and serve on that person a notice containing a statement of the nature and grounds of his claim or, as the case may be, of the question or issue required to be determined.

(2) Where a defendant makes such a claim as is mentioned in paragraph (1) and that claim could be made by him by counterclaim in the action, paragraph (1) shall not apply in relation to the claim.

(3) No acknowledgment of service of such a notice shall be necessary if the person on whom it is served has acknowledged service of the writ or originating summons in the action or is a plaintiff therein, and the same procedure shall be adopted for the determination between the defendant by whom, and the person on whom, such a notice is served of the claim, question or issue stated in the notice as would be appropriate under this Order if the person served with the notice were a third party and (where he has given notice of intention to defend the action or is a plaintiff) had given notice of intention to defend the claim, question or issue.

(4) Rule 4(2) shall have effect in relation to proceedings on a notice issued under this rule as if for the words "7 days after giving notice of intention to defend" there were substituted the words "14 days after service of the notice on him".

9. Claims by third and subsequent parties (O. 16, r. 9)

(1) Where a defendant has served a third party notice and the third party makes such a claim or requirement as is mentioned in rule 1 or 8, this Order shall, with the modification mentioned in paragraph (2) and any other necessary modifications, apply as if the third party were a defendant; and similarly where any further person to whom by virtue

of this rule, this Order applies as if he were a third party makes such a claim or requirement.

(2)

The modification referred to in paragraph (1) is that paragraph (3) shall have effect in relation to the issue of a notice under rule 1 by a third party in substitution for rule 1(2).

(3)

A third party may not issue a notice under rule 1 without the leave of the Court unless the action in question was begun by writ and he issues the notice before the expiration of 14 days after the time limited for acknowledging service of the notice issued against him.

10. Offer of contribution (O. 16, r. 10)

(1)

If, at any time after he has acknowledged service, a party to an action who stands to be held liable in the action to another party to contribute towards any debt or damages which may be recovered against that other party in the action, makes (without prejudice to his defence) a written offer to that other party to contribute to a specified extent to the debt or damages, then subject to paragraph (2) and, notwithstanding that he reserves the right to bring the offer to the action of the judge at the trial, the offer shall not be brought to the attention of the judge until after all questions of liability and amount of debt or damages have been decided.

(2)

Where the question of the costs of the issue of liability falls to be decided, that issue having been tried and an issue or question concerning the amount of the debt or damages remaining to be tried separately, any party may bring to the attention of the judge the fact that a written offer under paragraph (1) has or has not been made and the date (but not the amount) of such offer or of the first such offer if more than one.

11. Counterclaim by defendant (O. 16, r. 11)

Where in any action a counterclaim is made by a defendant, this Order shall apply in relation to the counterclaim as if the subject-matter of the counterclaim were the original subject-matter of the action, and as if the person making the counterclaim were the plaintiff and the person against whom it is made a defendant.

1. Entitlement to relief by way of interpleader

(O. 17, r. 1)

(1) Where

(a)

a person is under a liability in respect of a debt or in respect of any money, goods or chattels and he is, or expects to be, sued for or in respect of that debt or money or those goods or chattels by 2 or more persons making adverse claims thereto; or

(b)

a claim is made to any money, goods or chattels taken or intended to be taken by a bailiff in execution under any process, or to the proceeds or value of any such goods or chattels, by a person other than the person against whom the process is issued,

the person under a liability as mentioned in subparagraph (a), or (subject to rule 2) the bailiff, may apply to the Court for relief by way of interpleader.

(2) References in this Order to a bailiff shall be construed as including references to any other officer charged with the execution of process by or under the authority of the Court.

2. Claim to goods, etc., taken in execution (O. 17, r. 2)

(1)

Any person making a claim to or in respect of any money, goods or chattels taken or intended to be taken in execution under process of the Court, or to the proceeds or value of any such goods or chattels, must give notice of his claim to the bailiff charged with the execution of the process and must include in his notice a statement of his address, and that address shall be his address for service.

(2)

On receipt of a claim made under this rule the bailiff must forthwith give notice thereof to the execution creditor and the execution creditor must, within 7 days after receiving the notice, give notice to the bailiff informing him whether he admits or disputes the claim.

An execution creditor who gives notice in accordance with this paragraph admitting a claim shall only be liable to the bailiff for any fees and expenses incurred by the bailiff before receipt of that notice.

(3) Where

(a) the bailiff receives a notice from an execution creditor under paragraph (2) disputing a claim, or the execution creditor fails, within the period mentioned in that paragraph, to give the required notice; and

(b)

the claim made under this rule is not withdrawn, the bailiff may apply to the Court for relief under this Order.

(4)

A bailiff who receives a notice from an execution creditor under paragraph (2) admitting a claim made under this rule shall withdraw from possession of the money, goods or chattels claimed and may apply to the Court for relief under this Order of the following kind, that is to say, an order restraining the bringing of an action against him for or in respect of his having taken possession of that money or those goods or chattels.

3. Mode of application (O. 17, r. 3)

(1)

An application for relief under this Order may be made by originating summons unless made in a pending action, in which case it must be made by summons in the action. (L.N. 153 of 2008)

(2)

Where the applicant is a bailiff who has withdrawn from possession of money, goods or chattels taken in execution and who is applying for relief under rule 2(4), the summons must be served on any person who made a claim under that rule to or in respect of that money or those goods or chattels, and that person may attend the hearing of the application.

(3)

An originating summons under this rule shall be in Form No. 10 in Appendix A.

(4)

Subject to paragraph (5), a summons under this rule must be supported by evidence that the applicant-

(a)

claims no interest in the subject-matter in dispute other than for charges or costs;

(b)

does not collude with any of the claimants to that subject-matter; and

(c)

is willing to pay or transfer that subject-matter into court or to dispose of it as the Court may direct.

(5)

Where the applicant is a bailiff, he shall not provide such evidence as is referred to in paragraph (4) unless directed by the Court to do so.

(6)

Any person who makes a claim under rule 2 and who is served with a summons under this rule shall within 14 days serve on the execution creditor and the bailiff an affidavit specifying any money and describing any goods and chattels claimed and setting out the grounds upon which such claim is based.

(7)

Where the applicant is a bailiff a summons under this rule must give notice of the requirement in paragraph (6).

5. Powers of Court hearing summons (O. 17, r. 5)

(1)

Where on the hearing of a summons under this Order all the persons by whom adverse claims to the subject-matter in dispute (hereafter in this Order referred to as "the claimants") appear, the Court may order-

(a)

that any claimant be made a defendant in any action pending with respect to the subject-matter in dispute in substitution for or in addition to the applicant for relief under this Order; or

(b)

that an issue between the claimants be stated and tried and may direct which of the claimants is to be plaintiff and which defendant.

(2) Where

(a)

the applicant on a summons under this Order is a bailiff; or

(b)

all the claimants consent or any of them so requests; or

(c)

the question at issue between the claimants is a question of law and the facts are not in dispute, the Court may summarily determine the question at issue between the claimants and make an order accordingly on such terms as may be just.

(3)

Where a claimant, having been duly served with a summons for relief under this Order, does not appear on the hearing of the summons or, having appeared, fails or refuses to comply with an order made in the proceedings, the Court may make an order declaring the claimant, and all persons claiming under him, for ever barred from prosecuting his claim against the applicant for such relief and all persons claiming under him, but such an order shall not affect the rights of the claimants as between themselves.

6. Power to order sale of goods taken in execution (O. 17, r. 6)

Where an application for relief under this Order is made by a bailiff who has taken possession of any goods or chattels in execution under any process, and a claimant alleges that he is entitled, under a bill of sale or otherwise, to the goods or chattels by way of security for debt, the Court may order those goods or chattels or any part thereof to be sold and may direct that the proceeds of sale be applied in such manner and on such terms as may be just and as may be specified in the order.

1. Power to stay proceedings (O. 17, r. 7)
2. Where a defendant to an action applies for relief under this Order in the action, the Court may by order stay all further proceedings in the action.
1. Other powers (O. 17, r. 8)
2. Subject to this Order, the Court may in or for the purposes of any interpleader proceedings make such order as to costs or any other matter as it thinks just.
1. One order in several causes or matters (O. 17, r. 9)
2. Where the Court considers it necessary or expedient to make an order in any interpleader proceedings in several causes or matters pending before the Court, the Court may make such an order; and the order shall be entitled in all those causes or matters and shall be binding on all the parties to them.
1. Discovery (O. 17, r. 10)

Orders 24 and 26 shall, with the necessary modifications, apply in relation to an interpleader issue as they apply in relation to any other cause or matter.

(L.N. 153 of 2008)

11. Trial of interpleader issue (O. 17, r. 11)

(1)

Order 35 shall, with the necessary modifications, apply to the trial of an interpleader issue as it applies to the trial of an action.

(2)

The Court by whom an interpleader issue is tried may give such judgment or make such order as finally to dispose of all questions arising in the interpleader proceedings.

1. Service of statement of claim (O. 18, r. 1)
2. Unless the Court gives leave to the contrary or a statement of claim is indorsed on the writ, the plaintiff must serve a statement of claim on the defendant or, if there are 2 or more defendants, on each defendant, and must do so either when the writ is served on that defendant or at any time after service of the writ but before the expiration of 14 days after that defendant gives notice of intention to defend.
1. Service of defence (O. 18, r. 2)

(1)

Subject to paragraphs (2) and (3), a defendant who gives notice of intention to defend an action must, unless the Court gives leave to the contrary, serve a defence on every other party to the action who may be affected thereby before the expiration of 28 days after the time limited for acknowledging service of the writ or after the statement of claim is served on him, whichever is the later. (L.N. 217 of 2000)

(2)

If a summons under Order 14, rule 1, or under Order 86, rule 1, is served on a defendant before he serves his defence, paragraph (1) shall not have effect in relation to him unless by the order made on the summons he is given leave to defend the action and, in that case, shall have effect as if it required him to serve his defence within 28 days after the making of the order or within such other period as may be specified therein.

(3) Where an application is made by a defendant under Order 12, rule 8(1) or (2), paragraph (1) shall not have effect in relation to him unless the application is dismissed or no order is made on the application and, in that case, shall have effect as if it required him to serve his defence within 28 days after the final determination of the application or within such other period as may be specified by the Court.

(L.N. 153 of 2008)

3. Service of reply and defence to counterclaim (O. 18, r. 3)

(1)

A plaintiff on whom a defendant serves a defence must serve a reply on that defendant if it is needed for compliance with rule 8; and if no reply is served, rule 14(1) will apply.

(2)

A plaintiff on whom a defendant serves a counterclaim must, if he intends to defend it, serve on that defendant a defence to counterclaim.

(3)

Where a plaintiff serves both a reply and a defence to counterclaim on any defendant, he must include them in the same document.

(4)

A reply to any defence must be served by the plaintiff before the expiration of 28 days after the service on him of that defence, and a defence to counterclaim must be served by the plaintiff before the expiration of 28 days after the service on him of the counterclaim to which it relates. (L.N. 153 of 2008)

4. Pleadings subsequent to reply (O. 18, r. 4)

No pleading subsequent to a reply or a defence to counterclaim shall be served except with the leave of the Court.

5A. Filing of pleadings and originating process

(O. 18, r. 5A)

(1)

Subject to Order 3, rule 5(3) and subject to this rule, every pleading and originating process shall be filed in the Registry within the time during which that pleading or originating process may be served by him on any other party.

(2)

A party may apply to the Court for further time to file a pleading or originating process on a summons stating the further time required.

(3)

If a party fails to file a pleading or originating process within the time allowed under paragraph (1) or further time allowed under paragraph (2), he shall not be at liberty to file that pleading or originating process without the leave of the Court.

6. Pleadings: formal requirements (O. 18, r. 6)

(1) Every pleading in an action must bear on its face

(a)

the year in which the writ in the action was issued and the number of the action;

(b)

the title of the action;

(d)

the description of the pleading; and

(e)

the date on which it was served.

(2)

Every pleading must, if necessary, be divided into paragraphs numbered consecutively, each allegation being so far as convenient contained in a separate paragraph.

(3)

Dates, sums and other numbers must be expressed in a pleading in figures and not in words.

(4)

Every pleading must be indorsed-

(a)

where the party sues or defends in person, with his name and address;

(b)

in any other case, with the name or firm and business address of the solicitor by whom it was served, and also (if the solicitor is the agent of another) the name or firm and business address of his principal.

(5)

Every pleading must be signed by counsel, if settled by him, and, if not, by the party's solicitor or by the party, if he sues or defends in person.

7. Facts, not evidence, to be pleaded (O. 18, r. 7)

(1) Subject to this rule and rules 7A, 10, 11 and 12, every pleading must contain, and contain only, a statement in a summary form of the material facts on which the party pleading relies for his claim or defence, as the case may be, but not the evidence by which those facts are to be proved, and the statement must be as brief as the nature of the case admits.

(2)

Without prejudice to paragraph (1), the effect of any document or the purport of any conversation referred to in the pleading must, if material, be briefly stated, and the precise words of the document or conversation must not be stated, except in so far as those words are themselves material.

(3)

A party need not plead any fact if it is presumed by law to be true or the burden of disproving it lies on the other party, unless the other party has specifically denied it in his pleading.

(4)

A statement that a thing has been done or that an event has occurred, being a thing or event the doing or occurrence of which, as the case may be, constitutes a condition precedent necessary for the case of a party is to be implied in his pleading.

7A. Conviction, etc., to be adduced in evidence: matters to be pleaded (O. 18, r. 7A)

(1)

If in any action which is to be tried with pleadings any party intends, in reliance on section 62 of the Evidence Ordinance (Cap 8) (convictions as evidence in civil proceedings) to adduce evidence that a person was convicted of an offence by or before a court in Hong Kong, he must include in his pleading a statement of his intention with particulars of-

(a)

the conviction and the date thereof;

(b)

the court which made the conviction; and

(c)

the issue in the proceedings to which the conviction is relevant.

(2)

If in any action which is to be tried with pleadings any party intends, in reliance on section 63 of the Evidence Ordinance (Cap 8) (findings of adultery as evidence in civil proceedings) to adduce evidence that a person was found guilty of adultery in matrimonial proceedings, he must include in his pleading a statement of his intention with particulars of-

(a)

the finding and the date thereof;

(b)

the court which made the finding and the proceedings in which it was made; and

(c)

the issue in the proceedings to which the finding is relevant.

(3)

Where a party's pleading includes such a statement as is mentioned in paragraph (1) or (2), then if the opposite party

(a)

denies the conviction or finding of adultery to which the statement relates; or

(b)

alleges that the conviction or finding was erroneous; or

(c)

denies that the conviction or finding is relevant to any issue in the proceedings, he must make the denial or allegation in his pleading.

8. Matters which must be specifically pleaded

(O. 18, r. 8)

(1)

A party must in any pleading subsequent to a statement of claim plead specifically any matter, for example, performance, release, any relevant statute of limitation, fraud or any fact showing illegality

(a)

which he alleges makes any claim or defence of the opposite party not maintainable; or

(b)

which, if not specifically pleaded, might take the opposite party by surprise; or

(c)

which raises issues of fact not arising out of the preceding pleading.

(2)

Without prejudice to paragraph (1), a defendant to an action for recovery of land must plead specifically every ground of defence on which he relies, and a plea that he is in possession of the land by himself or his tenant is not sufficient.

(3)

A claim for exemplary damages or for provisional damages must be specifically pleaded together with the facts on which the party pleading relies.

(4) A party must plead specifically any claim for interest under section 49 of the Ordinance or otherwise.

1. Matter may be pleaded whenever arising (O. 18, r. 9)
2. 10. Departure (O. 18, r. 10)

Subject to rules 7(1), 10 and 15(2), a party may in any pleading plead any matter which has arisen at any time, whether before or since the issue of the writ.

(1) A party shall not in any pleading make any allegation of fact, or raise any new ground of claim, inconsistent with a previous pleading of his.

(2) Paragraph (1) shall not be taken as prejudicing the right of a party to amend, or apply for leave to amend, his previous pleading so as to plead the allegations or claims in the alternative.

1. 11. Points of law may be pleaded (O. 18, r. 11)
2. A party may by his pleading raise any point of law.
1. 12. Particulars of pleading (O. 18, r. 12)

(1) Subject to paragraph (2), every pleading must contain the necessary particulars of any claim, defence or other matter pleaded including, without prejudice to the generality of the foregoing

(a) particulars of any misrepresentation, fraud, breach of trust, wilful default or undue influence on which the party pleading relies;

(b) where a party pleading alleges any condition of the mind of any person, whether any disorder or disability of mind or any malice, fraudulent intention or other condition of mind except knowledge, particulars of the facts on which the party relies; and

(c) where a claim for damages is made against a party pleading, particulars of any facts on which the party relies in mitigation of, or otherwise in relation to, the amount of damages.

(1A) Subject to paragraph (1B), a plaintiff in an action for personal injuries shall serve with his statement of claim

(a) a medical report; and

(b) a statement of the special damages claimed.

(1B) Where the documents to which paragraph (1A) applies are not served with the statement of claim, the Court may

(a) specify the period of time within which they are to be provided; or

(b) make such other order as it thinks fit (including an order dispensing with the requirements of paragraph (1A) or staying the proceedings). (1C) For the purposes of this rule- "medical report" (醫學報告) means a report substantiating all the personal injuries alleged in the statement of claim which the plaintiff proposes to adduce in evidence as part of his case at the trial;

"a statement of the special damages claimed" (關於所申索的專項損害賠償的陳述書) means a statement giving full particulars of the special damages claimed for expenses and losses already incurred and an estimate of any future expenses and losses (including loss of earnings and of pension rights).

(2) Where it is necessary to give particulars of debt, expenses or damages and those particulars exceed 3 folios, they must be set out in a separate document referred to in the pleading and the pleading must state whether the document has already been served, and, if so, when, or is to be served with the pleading.

(3) The Court may order a party to serve on any other party particulars of any claim, defence or other matter stated in his pleading, or in any affidavit of his ordered to stand as a pleading, or a statement of the nature of the case on which he relies, and the order may be made on such terms as the Court thinks just.

(3A) The Court may make an order under paragraph (3) upon the application of a party or of its own motion.

(L.N. 153 of 2008)

(3B) No order shall be made under paragraph (3) unless the Court is of the opinion that the order is necessary either for disposing fairly of the cause or matter or for saving costs. (L.N. 153 of 2008)

(4) Where a party alleges as a fact that a person had knowledge or notice of some fact, matter or thing, then, without prejudice to the generality of paragraph (3), the Court may, on such terms as it thinks just, order that party to serve on any other party

(a) where he alleges knowledge, particulars of the facts on which he relies; and

(b) where he alleges notice, particulars of the notice.

(5) An order under this rule shall not be made before service of the defence unless, in the opinion of the Court, the order is necessary or desirable to enable the defendant to plead or for some other special reason.

(6)

Where the applicant for an order under this rule did not apply by letter for the particulars he requires, the Court may refuse to make the order unless of opinion that there were sufficient reasons for an application by letter not having been made.

(7)

Where particulars are given pursuant to a request, or order of the Court, the request or order shall be incorporated with the particulars, each item of the particulars following immediately after the corresponding item of the request or order.

12A. Pleading with inconsistent alternatives

(O. 18, r. 12A)

A party may in any pleading make an allegation of fact which is inconsistent with another allegation of fact in the same pleading if

(a)

the party has reasonable grounds for so doing; and

(b)

the allegations are made in the alternative.

(L.N. 153 of 2008)

13. Admissions and denials (O. 18, r. 13)

(1)

Subject to paragraph (5), an allegation of fact made by a party in his pleading is deemed to be admitted by the opposite party unless it is traversed by that party in his pleading or a joinder of issue under rule 14 operates as a non-admission of it.

(2)

Subject to paragraph (4), a traverse may be made either by a denial or by a statement of non-admission and either expressly or by necessary implication.

(3)

Every allegation of fact made in a statement of claim or counterclaim which the party on whom it is served does not intend to admit must be specifically traversed by him in his defence or defence to counterclaim, as the case may be; and a general denial of such allegations, or a general statement of non-admission of them, is not a sufficient traverse of them.

(4)

Where an allegation made in a statement of claim or counterclaim is traversed by a denial, the party who denies the allegation shall in his defence or defence to counterclaim-

(a)

state his reasons for doing so; and

(b)

if he intends to put forward a different version of events from that given by the claimant, state his own version. (L.N. 153 of 2008)

(5) A party who-

(a)

fails to deal with an allegation; but

(b)

has set out in his defence or defence to counterclaim the nature of his case in relation to the issue to

which that allegation is relevant, is to be taken to require that allegation to be proved. (L.N. 153 of 2008)

(L.N. 153 of 2008)

14. Non-admission by joinder of issue (O. 18, r. 14)

(L.N. 153 of 2008)

(1)

If there is no reply to a defence, there is an implied joinder of issue on that defence.

(2)

Subject to paragraph (3)

(a)

there is at the close of pleadings an implied joinder of issue on the pleading last served; and

(b)

a party may in his pleading expressly join issue on the next preceding pleading.

(3)

There can be no joinder of issue, implied or expressed, on a statement of claim or counterclaim.

(4) A joinder of issue operates as a non-admission of every material allegation of fact made in the pleading on which there is an implied or express joinder of issue unless, in the case of an express joinder of issue, any such allegation is excepted from the joinder and is stated to be admitted, in which case the express joinder of issue operates as a non-admission of every other such allegation. (L.N. 153 of 2008)

15. Statement of claim (O. 18, r. 15)

(1)

A statement of claim must state specifically the relief or remedy which the plaintiff claims; but costs need not be specifically claimed.

(2)

A statement of claim must not contain any allegation or claim in respect of a cause of action unless that cause of action is mentioned in the writ or arises from facts which are the same as, or include or form part of, facts giving rise to a cause of action so mentioned; but subject to that, a plaintiff may in his statement of claim alter, modify or extend any claim made by him in the endorsement of the writ without amending the endorsement.

(3)

Every statement of claim must bear on its face a statement of the date on which the writ in the action was issued.

1. Defence of tender (O. 18, r. 16)
2. Where in any action a defence of tender before action is pleaded, the defendant must pay into court in accordance with Order 22 the amount alleged to have been tendered, and the tender shall not be available as a defence unless and until payment into court has been made.
1. Defence of set-off (O. 18, r. 17)
2. Where a claim by a defendant to a sum of money (whether of an ascertained amount or not) is relied on as a defence to the whole or part of a claim made by the plaintiff, it may be included in the defence and set-off against the plaintiff's claim, whether or not it is also added as a counterclaim.
1. Counterclaim and defence to counterclaim

(O. 18, r. 18)

Without prejudice to the general application of this Order to a counterclaim and a defence to counterclaim, or to any provision thereof which applies to either of those pleadings specifically-

(a)

rules 12(1A), (1B) and (1C) and 15(1) shall apply to a counterclaim as if the counterclaim were a statement of claim and the defendant making it a plaintiff;

(b)

rules 8(2), 16 and 17 shall, with the necessary modifications, apply to a defence to counterclaim as they apply to a defence.

19. Striking out pleadings and indorsements (O. 18, r. 19)

(1)

The Court may, either of its own motion or on application, at any stage of the proceedings order to be struck out or amended any pleading or the indorsement of any writ in the action, or anything in any pleading or in the indorsement, on the ground that- (L.N. 153 of 2008)

(a)

it discloses no reasonable cause of action or defence, as the case may be; or

(b)

it is scandalous, frivolous or vexatious; or

(c)

it may prejudice, embarrass or delay the fair trial of the action; or

(d)

it is otherwise an abuse of the process of the Court, and may order the action to be stayed or dismissed or judgment to be entered accordingly, as the case may be.

(2) No evidence shall be admissible on an application under paragraph (1)(a).

(3)

This rule shall, so far as applicable, apply to an originating summons and a petition as if the summons or petition, as the case may be, were a pleading. (L.N. 153 of 2008)

20. Close of pleadings (O. 18, r. 20)

(1) The pleadings in an action are deemed to be closed-

(a)

at the expiration of 14 days after service of the reply or, if there is no reply but only a defence to counterclaim, after service of the defence to counterclaim; or

(b)

if neither a reply nor a defence to counterclaim is served, at the expiration of 28 days after service of the defence. (L.N. 153 of 2008)

(2)

The pleadings in an action are deemed to be closed at the time provided by paragraph (1) notwithstanding that any request or order for particulars has been made but has not been complied with at that time.

20A. Pleading, etc. to be verified by statement of truth (O. 18, r. 20A)

(1)

A pleading and the particulars of a pleading specified in paragraph (2) must be verified by a statement of truth in accordance with Order 41A.

(2)

The particulars of a pleading referred to in paragraph (1) are the particulars given by a party to any other party, whether voluntarily or pursuant to-

(a)

a request made by that other party; or

(b)

an order of the Court made under rule 12(3) or (4).

(L.N. 153 of 2008)

21. Trial without pleadings (O. 18, r. 21)

(1)

Where in an action to which this rule applies any defendant has given notice of intention to defend in the action, the plaintiff or that defendant may apply to the Court by summons for an order that the action shall be tried without pleadings or further pleadings, as the case may be.

(2)

If, on the hearing of an application under this rule or at any stage of the proceedings of its own motion, the Court is satisfied that the issues in dispute between the parties can be defined without pleadings or further pleadings, or that for any other reason the action can properly be tried without pleadings or further pleadings, as the case may be, the Court shall order the action to be so tried, and may direct the parties to prepare a statement of the issues in dispute or, if the parties are unable to agree such a statement, may settle the statement itself.

(3)

Where the Court makes an order under paragraph (2), it shall, and where it dismisses an application for such an order, it may, give such directions as to the further conduct of the action as may be appropriate, and Order 25, rules 5 to 10- (L.N. 153 of 2008)

(a) with the omission of so much of rule 10(1) as requires parties to serve a notice specifying the orders and directions which they require; and

(b)

with any other necessary modifications, apply as if the application under this rule were a case management summons. (L.N. 153 of 2008)

(4) This rule applies to every action begun by writ other than one which includes

(a)

a claim by the plaintiff for libel, slander, malicious prosecution or false imprisonment; or

(b)

a claim by the plaintiff based on an allegation of fraud.

22. Framing of issues (O. 18, r. 22)

At any stage of the proceedings the Court may direct the parties to prepare a statement of the issues in dispute or, if the parties are unable to agree the statement, may settle the statement itself.

(L.N. 217 of 2000)

23. Transitional provision relating to rule 42 of Amendment Rules 2008

(O. 18, r. 23)

Where a statement of claim has been served on a defendant before the commencement* of the Amendment Rules 2008, then rule 42 of the Amendment Rules 2008 does not apply to the defence to the claim and if a counterclaim has been served on the plaintiff, to the defence to the counterclaim, and rule 13 as in force immediately before the commencement continues to apply as if rule 42 of the Amendment Rules 2008 had not been made.

(L.N. 153 of 2008)

24. Transitional provision relating to rules 45 and 46 of Amendment Rules 2008

(O. 18, r. 24)

Where a statement of claim has been served on a defendant before the commencement* of the Amendment Rules 2008, then rules 45 and 46 of the Amendment Rules 2008 do not apply

(a)

in relation to the service of the defence and the reply to that defence; and

(b)

if a counterclaim has been served on the plaintiff, in relation to the service of the defence to the

counterclaim, and rules 2 and 3 as in force immediately before the commencement continue to apply as if rules 45 and 46 of the Amendment Rules 2008 had not been made.

(L.N. 153 of 2008)

Note:

* Commencement day: 2 April 2009.

Order:	19	DEFAULT OF PLEADINGS	L.N. 248 of 2000	01/09/2000

1. Default in service of statement of claim (O. 19, r. 1)
2. Where the plaintiff is required by these Rules to serve a statement of claim on a defendant and he fails to serve it on him, the defendant may, after the expiration of the period fixed by or under these Rules for service of the statement of claim, apply to the Court for an order to dismiss the action, and the Court may by order dismiss the action or make such other order on such terms as it thinks just.
1. Default of defence: claim for liquidated demand

(O. 19, r. 2)

(1) Where the plaintiff's claim against a defendant is for a liquidated demand only, then, if that defendant fails to serve a defence on the plaintiff, the plaintiff may, after the expiration of the period fixed by or under these Rules for service of the defence, enter final judgment against that defendant for a sum not exceeding that claimed by the writ in respect of the demand and for costs, and proceed with the action against the other defendants, if any. (See Appendix A, Form 39)

(2) Order 13, rule 1(2) shall apply for the purpose of this rule as it applies for the purposes of that rule.

1. Default of defence: claim for unliquidated damages (O. 19, r. 3)
2. Where the plaintiff's claim against a defendant is for unliquidated damages only, then, if that defendant fails to serve a defence on the plaintiff, the plaintiff may, after the expiration of the period fixed by or under these Rules for service of the defence, enter interlocutory judgment against that defendant for damages to be assessed and costs, and proceed with the action against the other defendants, if any. (See Appendix A, Form 40)
1. Default of defence: claim in detinue (O. 19, r. 4)

(1) Where the plaintiff's claim against a defendant relates to the detention of goods only, then, if that defendant fails to serve a defence on the plaintiff, the plaintiff may, after the expiration of the period fixed by or under these Rules for the service of the defence and subject to Order 42, rule 1A-

(a)

at his option enter either

(i)

interlocutory judgment against that defendant for delivery of the goods or their value to be assessed and costs; or

(ii)

interlocutory judgment for the value of the goods to be assessed and costs; or

(b)

apply by summons for judgment against that defendant for delivery of the goods without giving him

the alternative of paying their assessed value, and in any case proceed with the action against the other defendants, if any. (See Appendix A, Form 41)

(2) A summons under paragraph (1)(b) must be supported by affidavit and, notwithstanding Order 65, rule 9, the summons and a copy of the affidavit must be served on the defendant against whom judgment is sought.

5. Default of defence: claim for possession of land

(O. 19, r. 5)

(1)

Where the plaintiff's claim against a defendant is for possession of land only, then, if that defendant fails to serve a defence on the plaintiff, the plaintiff may, after the expiration of the period fixed by or under these Rules for

service of the defence, and on producing a certificate by his solicitor, or (if he sues in person) an affidavit, stating that he is not claiming any relief in the action of the nature specified in Order 88, rule 1, enter judgment for possession of the land as against that defendant and for costs, and proceed with the action against the other defendants, if any. (See Appendix A, Form 42)

(5)

Where there is more than one defendant, judgment entered under this rule shall not be enforced against any defendant unless and until judgment for possession of the land has been entered against all the defendants.

1. Default of defence: mixed claims (O. 19, r. 6)
2. Where the plaintiff makes against a defendant 2 or more of the claims mentioned in rules 2 to 5, and no other claim, then, if that defendant fails to serve a defence on the plaintiff, the plaintiff may, after the expiration of the period fixed by or under these Rules for service of the defence, enter against that defendant such judgment in respect of any such claim as he would be entitled to enter under those rules if that were the only claim made, and proceed with the action against the other defendants, if any.
1. Default of defence: other claims (O. 19, r. 7)

(1)

Where the plaintiff makes against a defendant or defendants a claim of a description not mentioned in rules 2 to 5, then, if the defendant or all the defendants (where there is more than one) fails or fail to serve a defence on the plaintiff, the plaintiff may, after the expiration of the period fixed by or under these Rules for service of the defence, apply to the Court for judgment, and on the hearing of the application the Court shall give such judgment as the plaintiff appears entitled to on his statement of claim.

(2)

Where the plaintiff makes such a claim as is mentioned in paragraph (1) against more than one defendant, then, if one of the defendants makes default as mentioned in that paragraph, the plaintiff may

(a)

if his claim against the defendant in default is severable from his claim against the other defendants, apply under that paragraph for judgment against that defendant, and proceed with the action against the other defendants; or

(b)

set down the action for judgment against the defendant at the time when the action is set down for trial, or is set down for judgment, against the other defendants.

(3) An application under paragraph (1) must be by summons.

8. Default of defence to counterclaim (O. 19, r. 8)

A defendant who counterclaims against a plaintiff shall be treated for the purposes of rules 2 to 7 as if he were a plaintiff who had made against a defendant the claim made in the counterclaim and, accordingly, where the plaintiff or any other party against whom the counterclaim is made fails to serve a defence to counterclaim, those rules shall apply as if the counterclaim were a statement of claim, the defence to counterclaim a defence and the parties making the counterclaim and against whom it is made were plaintiffs and defendants respectively, and as if references to the period fixed by or under these Rules for service of the defence were references to the period so fixed for service of the defence to counterclaim.

8A. Notice of intention to enter judgment (O. 19, r. 8A)

(1) No party shall enter judgment under the provisions of this Order against a party who has filed an acknowledgment of service giving notice of intention to defend, or on a counterclaim, unless

(a)

after such acknowledgment of service or counterclaim has been filed, and not less than 2 clear days before entering judgment, the party intending to enter judgment has served notice in writing of his intention to do so on the party against whom judgment is sought or, if that party is legally represented, on his solicitor;

(b)

evidence of such service by way of affidavit has been filed in the Court.

(2) This rule shall not apply where-

(a)

the Court has made an order prescribing or extending the time for service of defence or defence to counterclaim; or

(b)

the party against whom it is sought to enter judgment does not have a solicitor of record in the proceedings and has failed to state an address within the jurisdiction in the proceedings at which he can

be served.

9. Setting aside judgment (O. 19, r. 9) The Court may, on such terms as it thinks just, set aside or vary any judgment entered in pursuance of this Order.

1. Amendment of writ without leave (O. 20, r. 1)

(1)

Subject to paragraph (3), the plaintiff may, without the leave of the Court, amend the writ once at any time before the pleadings in the action begun by the writ are deemed to be closed.

(2)

Where a writ is amended under this rule after service thereof, then, unless the Court otherwise directs on an application made ex parte, the amended writ must be served on each defendant to the action.

(3) This rule shall not apply in relation to an amendment which consists of-

(a)

the addition, omission or substitution of a party to the action or an alteration of the capacity in which a party to the action sues or is sued; or

(b)

the addition or substitution of a new cause of action; or

(c)

(without prejudice to rule 3(1)) an amendment of the statement of claim (if any) indorsed on the writ, unless the amendment is made before service of the writ on any party to the action.

2. Amendment of acknowledgment of service

(O. 20, r. 2)

(1)

Subject to paragraph (2), a party may not amend his acknowledgment of service without leave of the Court.

(2)

A party whose acknowledgment of service contains a statement to the effect that-

(a) he does; or

(b)

he does not, intend to contest the proceedings to which the acknowledgment relates may, without the leave of the Court, amend the acknowledgment by substituting for that statement a statement to the opposite effect, provided that in a case falling under subparagraph (b) the amendment is made before judgment has been obtained in the proceedings.

(3)

Where an acknowledgment of service is authorized to be amended under this rule, a fresh acknowledgment, amended as so authorized, must be handed in at or sent by post to the Registry, and Order 12, rule 4, shall apply.

3. Amendment of pleadings without leave (O. 20, r. 3)

(1)

A party may, without the leave of the Court, amend any pleading of his once at any time before the pleadings are deemed to be closed and, where he does so, he must serve the amended pleading on the opposite party.

(2)

Where an amended statement of claim is served on a defendant-

(a)

the defendant, if he has already served a defence on the plaintiff, may amend his defence; and

(b)

the period for service of his defence or amended defence, as the case may be, shall be either the period fixed by or under these Rules for service of his defence or a period of 14 days after the amended statement of claim is served on him, whichever expires later.

(3)

Where an amended defence is served on the plaintiff by a defendant-

(a)

the plaintiff, if he has already served a reply on that defendant, may amend his reply; and

(b)

the period for service of his reply or amended reply, as the case may be, shall be 14 days after the amended defence is served on him.

(4)

In paragraphs (2) and (3) references to a defence and a reply include references to a counterclaim and a defence to counterclaim respectively.

(5)

Where an amended counterclaim is served by a defendant on a party (other than the plaintiff) against whom the counterclaim is made, paragraph (2) shall apply as if the counterclaim were a statement of claim and as if the party by whom the counterclaim is made were the plaintiff and the party against whom it is made a defendant.

(6)

Where a party has pleaded to a pleading which is subsequently amended and served on him under paragraph (1), then, if that party does not amend his pleading under the foregoing provisions of this rule, he shall be

taken to reply on it in answer to the amended pleading, and Order 18, rule 14(2), shall have effect in such a case as if the amended pleading had been served at the time when that pleading, before its amendment under paragraph (1), was served.

4. Application for disallowance of amendment made without leave (O. 20, r. 4)

(1)

Within 14 days after the service on a party of a writ amended under rule 1(1) or of a pleading amended under rule 3(1), that party may apply to the Court to disallow the amendment.

(2)

Where the Court hearing an application under this rule is satisfied that if an application for leave to make the amendment in question had been made under rule 5 at the date when the amendment was made under rule 1(1) or 3(1) leave to make the amendment or part of the amendment would have been refused, it shall order the amendment or that part to be struck out.

(3)

Any order made on an application under this rule may be made on such terms as to costs or otherwise as the Court thinks just.

5. Amendment of writ or pleading with leave

(O. 20, r. 5)

(1)

Subject to Order 15, rules 6, 7 and 8 and this rule, the Court may at any stage of the proceedings allow the plaintiff to amend his writ, or any party to amend his pleadings, on such terms as to costs or otherwise as may be just and in such manner (if any) as it may direct.

(2)

Where an application to the Court for leave to make the amendment mentioned in paragraph (3), (4) or (5) is made after any relevant period of limitation current at the date of issue of the writ has expired, the Court may nevertheless grant such leave in the circumstances mentioned in those paragraphs if it thinks it just to do so.

(3)

An amendment to correct the name of a party may be allowed under paragraph (2) notwithstanding that it is alleged that the effect of the amendment will be to substitute a new party if the Court is satisfied that the mistake sought to be corrected was a genuine mistake and was not misleading or such as to cause any reasonable doubt as to the identity of the person intending to sue or, as the case may be, intended to be sued.

(4)

An amendment to alter the capacity in which a party sues may be allowed under paragraph (2) if the new capacity is one which that party had at the date of the commencement of the proceedings or has since acquired.

(5)

An amendment may be allowed under paragraph (2) notwithstanding that the effect of the amendment will be to add or substitute a new cause of action if the new cause of action arises out of the same facts or substantially the same facts as a cause of action in respect of which relief has already been claimed in the action by the party applying for leave to make the amendment.

7. Amendment of originating summons, etc. (O. 20, r. 7)

(L.N. 153 of 2008)

Rule 5 shall have effect in relation to an originating summons, a petition and an originating notice or motion as it has effect in relation to a writ.

(L.N. 153 of 2008)

8. Amendment of pleading and certain other documents (O. 20, r. 8)

(L.N. 153 of 2008)

(1) For the purpose of determining the real question in controversy between the parties to any proceedings, or of correcting any defect or error in any proceedings, the Court may at any stage of the proceedings and either of its own motion or on the application of any party to the proceedings order a pleading or any other document in the proceedings to be amended on such terms as to costs or otherwise as may be just and in such manner (if any) as it may direct. (L.N. 153 of 2008)

(1A) The Court shall not under paragraph (1) order a pleading to be amended unless it is of the opinion that the order is necessary either for disposing fairly of the cause or matter or for saving costs. (L.N. 153 of 2008)

(2) This rule shall not have effect in relation to a judgment or order.

9. Failure to amend after order (O. 20, r. 9)

(1) Where the Court makes an order under this Order giving any party leave to amend a writ, pleading or other document, then, if that party does not amend the document in accordance with the order before the expiration of the period specified for that purpose in the order or, if no period is so specified, of a period of 14 days after the order was made, the order shall cease to have effect, without prejudice, however, to the power of the Court to extend the period.

(L.N. 153 of 2008)

(2) Paragraph (1) is subject to any directions given by the Court. (L.N. 153 of 2008)

10. Mode of amendment of writ, etc. (O. 20, r. 10)

(1)

Where the amendments authorized under any rule of this Order to be made in a writ, pleading or other document are so numerous or of such nature or length that to make written alterations of the document so as to give effect to them would make it difficult or inconvenient to read, a fresh document, amended as so authorized, must be prepared and, in the case of a writ or originating summons, re-issued, but, except as aforesaid and subject to any direction given under rule 5 or 8, the amendments so authorized may be effected by making in writing the necessary alterations of the document and in the case of a writ or originating summons, causing it to be resealed and filing a copy.

(2)

A writ, pleading or other document which has been amended under this Order must be indorsed with a statement that it has been amended, specifying the date on which it was amended, the name of the judge or master by whom the order (if any) authorizing the amendment was made and the date thereof, or, if no such order was made, the number of the rule of this Order in pursuance of which the amendment was made.

1. Amendment of judgment and orders (O. 20, r. 11)
2. Clerical mistakes in judgments or orders, or errors arising therein from any accidental slip or omission, may at any time be corrected by the Court on summons without an appeal.
1. Amendment of pleadings by agreement (O. 20, r. 12)

(1)

Notwithstanding the foregoing provisions of this Order any pleading in any cause or matter may, by written agreement between the parties, be amended at any stage of the proceedings.

(1A) Order 18, rule 5A, shall apply to a pleading amended under this rule as if, for the period referred to in paragraph (1) of that rule, there were substituted the period of 7 days after the date of the written agreement referred to in paragraph (1) of this rule or the day immediately preceding the trial of the cause or matter, whichever be the earlier.

(2)

This rule shall not have effect in relation to an amendment which consists of the addition, omission or substitution of a party.

13. Amendment of pleadings or particulars of pleadings to be verified by statement of truth (O. 20, r. 13)

(1)

An amendment to a pleading or to the particulars of a pleading specified in paragraph (2) must be verified by a statement of truth in accordance with Order 41A.

(2)

The particulars of a pleading referred to in paragraph (1) are the particulars given by a party to any other party, whether voluntarily or pursuant to-

(a)

a request made by that other party; or

(b)

an order of the Court made under Order 18, rule 12(3) or (4).

(L.N. 153 of 2008)

1. Withdrawal of acknowledgment of service

(O. 21, r. 1)

A party who has acknowledged service in an action may withdraw the acknowledgment at any time with the leave of the Court.

2. Discontinuance of action, etc., without leave

(O. 21, r. 2)

(1) Subject to paragraph (2A) the plaintiff in an action begun by writ may, without the leave of the Court, discontinue the action, or withdraw any particular claim made by him therein, as against any or all of the defendants at any time not later than 14 days after service of the defence on him or, if there are 2 or more defendants, of the defence last served, by serving a notice to that effect on the defendant concerned.

(2) Subject to paragraph (2A), a defendant to an action begun by writ may, without the leave of the Court

(a)

withdraw his defence or any part of it at any time;

(b)

discontinue a counterclaim, or withdraw any particular claim made by him therein, as against any or all of the parties against whom it is made, at any time not later than 14 days after service on him of a defence to counterclaim or, if the counterclaim is made against 2 or more parties, of the defence to counterclaim last served,

by serving a notice to that effect on the plaintiff or other party concerned.

(2A) A party in whose favour an interim payment has been ordered, in accordance with Order 29, may not discontinue any action or counterclaim, or withdraw any particular claim therein, except with the leave of the Court or the consent of all the other parties.

(3) Where there are 2 or more defendants to an action begun by writ not all of whom serve a defence on the plaintiff, and the period fixed by or under these Rules for service by any of those defendants of his defence expires after the latest date on which any other defendant serves his defence, paragraph (1) shall have effect as if the reference therein to the service of the defence last served were a reference to the expiration of that period.

This paragraph shall apply in relation to a counterclaim as it applies in relation to an action begun by writ with the substitution for references to a defence, to the plaintiff and to paragraph (1), of references to a defence to counterclaim, to the defendant and to paragraph (2) respectively.

(3A) The plaintiff in an action begun by originating summons may, without the leave of the Court, discontinue the action or withdraw any particular question or claim in the originating summons, as against any or all of the defendants at any time not later than 14 days after service on him of the defendant's affidavit evidence filed pursuant to Order 28, rule 1A(2) or, if there are 2 or more defendants, of such evidence last served, by serving a notice to that effect on the defendant concerned.

(3B) When there are 2 or more defendants to an action begun by originating summons not all of whom serve affidavit evidence on the plaintiff, and the period fixed by or under these Rules for service by any of those defendants of his affidavit evidence expires after the latest date on which any other defendant serves his affidavit evidence, paragraph (3A) shall have effect as if the reference therein to the service of the affidavit evidence last served were a reference to the expiration of that period.

(4) If all the parties to an action consent, the action may be withdrawn without the leave of the Court at any time before trial by producing to the Registrar a written consent to the action being withdrawn signed by all the parties.

3. Discontinuance of action, etc., with leave (O. 21, r. 3)

(1)

Except as provided by rule 2, a party may not discontinue an action (whether begun by writ or otherwise) or counterclaim, or withdraw any particular claim made by him therein, without the leave of the Court, and the Court hearing an application for the grant of such leave may order the action or counterclaim to be discontinued, or any particular claim made therein to be struck out, as against any or all of the parties against whom it is brought or made on such terms as to costs, the bringing of a subsequent action or otherwise as it thinks just.

(2)

An application for the grant of leave under this rule may be made by summons or by notice under Order 25, rule 10. (L.N. 153 of 2008)

4. Effect of discontinuance (O. 21, r. 4)

Subject to any terms imposed by the Court in granting leave under rule 3, the fact that a party has discontinued an action or counterclaim or withdrawn a particular claim made by him therein shall not be a defence to a subsequent action for the same, or substantially the same, cause of action.

5. Stay of subsequent action until costs paid

(O. 21, r. 5)

(1) Where a party has discontinued an action or counterclaim or withdrawn any particular claim made by him therein and he is liable to pay any other party's costs of the action or counterclaim or the costs occasioned to any other party by the claim withdrawn, then, if, before payment of those costs, he subsequently brings an action for the same, or substantially the same, cause of action, the Court may order the proceedings in that action to be stayed until those costs are paid.

(2) An application for an order under this rule may be made by summons or by notice under Order 25, rule 10.

(L.N. 153 of 2008)

6. Withdrawal of summons (O. 21, r. 6)

A party who has taken out a summons in a cause or matter may not withdraw it without the leave of the Court.

Order:	22	OFFERS TO SETTLE AND PAYMENTS INTO COURT	L.N. 153 of 2008; L.N. 18 of 2009	02/04/2009

I. PRELIMINARY

1. Interpretation (O. 22, r. 1)

(1) In this Order-"claim" (申索) includes, where the context so permits or requires, a counterclaim; "counterclaim" (反申索) includes, where the context so permits or requires, a claim; "defendant" (被告人) includes, where the context so permits or requires, a defendant to a counterclaim; "offeree" (受提議者) means the party to whom an offer is made; "offeror" (提議者) means the party who makes an offer; "plaintiff" (原告人) includes, where the context so permits or requires, a counterclaiming defendant; "sanctioned offer" (附帶條款和解提議) means an offer made (otherwise than by way of a payment into court) in

accordance with this Order; "sanctioned payment" (附帶條款付款) means an offer made by way of a payment into court in accordance with this Order; "sanctioned payment notice" (附帶條款付款通知書) means the notice relating to a sanctioned payment required to be filed under rule 8(2).

(2) Where in an action the plaintiff makes more than one claim, a reference in this Order to-

(a) the whole claim is to be construed as a reference to all the claims in their entirety;

(b) a part of a claim is to be construed as a reference to any one or more of the claims or a part of any one or more of the claims; and

(c) an issue arising from a claim is to be construed as a reference to an issue arising from one or more of the claims.

2. Offer to settle with specified consequences (O. 22, r. 2)

(1) A party to an action containing a money claim or a non-money claim or both arising from any cause or causes of action may make an offer to settle the whole claim, a part of it or any issue arising from it in accordance with this Order.

(2) An offer made under paragraph (1) may take into account any counterclaim or set-off in the action.

(3) An offer made under paragraph (1) has the consequences specified in rules 20, 21, 22, 23 and 24 (as may be

applicable).

(4) Nothing in this Order prevents a party from making an offer to settle in whatever way he chooses, but if that offer is not made in accordance with this Order, it does not have the consequences specified in this Order, unless the Court so orders.

II. MANNER OF MAKING SANCTIONED OFFER OR SANCTIONED PAYMENT

3. Defendant's offer to settle

(O. 22, r. 3)

(1)

An offer by a defendant to settle the whole or part of a claim or an issue arising from the claim does not have the consequences specified in this Order unless it is made by way of a sanctioned offer or a sanctioned payment or both.

(2)

Where an offer by a defendant involves a payment of money to the plaintiff, the offer must be made by way of a sanctioned payment.

(3) A sanctioned payment may only be made after the proceedings have commenced.

4. Plaintiff's offer to settle

(O. 22, r. 4)

An offer by a plaintiff to settle the whole or part of a claim or an issue arising from the claim does not have the consequences specified in this Order unless it is made by way of a sanctioned offer.

5. Form and content of sanctioned offer (O. 22, r. 5)

(1)

A sanctioned offer must be in writing.

(2)

A sanctioned offer may relate to the whole claim or to part of it or to any issue arising from it.

(3)

A sanctioned offer must

(a)

state whether it relates to the whole claim or to part of it or to an issue arising from it and if so to which part or issue;

(b)

state whether it takes into account any counterclaim or setoff; and

(c)

if it is expressed not to be inclusive of interest, give the details relating to interest set out in rule 26(2).

(4)

A defendant may make a sanctioned offer limited to accepting liability up to a specified proportion.

(5)

A sanctioned offer may be made by reference to an interim payment.

(6)

A sanctioned offer may be made at any time after the commencement of the proceedings but may not be made before such commencement.

(7)

A sanctioned offer made not less than 28 days before the commencement of the trial must provide that after the expiry of 28 days from the date the sanctioned offer is made, the offeree may only accept it if-

(a)

the parties agree on the liability for costs; or

(b)

the Court grants leave to accept it.

(8)

A sanctioned offer made less than 28 days before the commencement of the trial must provide that the offeree may only accept it if-

(a)

the parties agree on the liability for costs; or

(b)

the Court grants leave to accept it.

6. Service of sanctioned offer

(O. 22, r. 6)

An offeror shall serve the sanctioned offer-

(a)

on the offeree; and

(b)

where the offeree is an aided person, on the Director of Legal Aid.

7. Withdrawal or diminution of

sanctioned offer (O. 22, r. 7)

(1)

A sanctioned offer made not less than 28 days before the commencement of the trial may not be withdrawn or diminished before the expiry of 28 days from the date the sanctioned offer is made unless the Court grants leave to withdraw or diminish it.

(2)

A sanctioned offer made less than 28 days before the commencement of the trial may be withdrawn or diminished if the Court grants leave to withdraw or diminish it.

(3)

If there is subsisting an application to withdraw or diminish a sanctioned offer, the sanctioned offer may not be accepted unless the Court grants leave to accept it.

(4)

If the Court dismisses an application to withdraw or diminish a sanctioned offer or grants leave to diminish the sanctioned offer, it may by order specify the period within which the sanctioned offer or diminished sanctioned offer may be accepted.

(5) If a sanctioned offer is withdrawn, it does not have the consequences specified in this Order.

8. Notice of sanctioned payment

(O. 22, r. 8)

(1) A sanctioned payment may relate to the whole claim or to part of it or to an issue arising from it.

(2) A defendant who makes a sanctioned payment shall file with the Court a notice in Form No. 23 in Appendix A, that-

(a)

states the amount of the payment;

(b)

states whether the payment relates to the whole claim or to part of it or to an issue arising from it and if so to which part or issue it relates;

(c)

states whether it takes into account any counterclaim or set off;

(d)

if an interim payment has been made, states that the interim payment has been taken into account;

(e)

if it is expressed not to be inclusive of interest, gives the details relating to interest set out in rule 26(2); and

(f)

if a sum of money has been paid into court (other than as security for costs), states whether the sanctioned payment has taken into account that sum of money.

9. Service of sanctioned payment

(O. 22, r. 9)

A defendant who makes a sanctioned payment shall-

(a)

serve the sanctioned payment notice-

(i)

on the plaintiff; and

(ii)

where the plaintiff is an aided person, on the Director of Legal Aid; and

(b)

file with the Court a certificate of service of the notice.

10. Withdrawal or diminution of sanctioned payment (O. 22, r. 10)

(1)

A sanctioned payment may not be withdrawn or diminished before the expiry of 28 days from the date the sanctioned payment is made unless the Court grants leave to withdraw or diminish it.

(2)

If there is subsisting an application to withdraw or diminish a sanctioned payment, the sanctioned payment may not be accepted unless the Court grants leave to accept it.

(3)

If the Court dismisses an application to withdraw or diminish a sanctioned payment or grants leave to diminish the sanctioned payment, it may by order specify the period within which the sanctioned payment or diminished sanctioned payment may be accepted.

(4) If a sanctioned payment is withdrawn, it does not have the consequences specified in this Order.

11. Offer to settle claim for provisional damages (O. 22, r. 11)

(1) A defendant may make a sanctioned payment in respect of a claim that includes a claim for provisional damages.

(2) Where the defendant makes a sanctioned payment under paragraph (1), the sanctioned payment notice must specify whether or not the defendant is offering to agree to the making of an award of provisional damages.

(3) Where the defendant is offering to agree to the making of an award of provisional damages, the sanctioned payment notice must also state

(a) that the sum paid into court is in satisfaction of the claim for damages on the assumption that the injured person will not develop the disease or suffer the type of deterioration specified in the notice;

(b) that the offer is subject to the condition that the plaintiff shall make any claim for further damages within a limited period; and

(c) what that period is.

(4) Where a sanctioned payment is- (a) made in accordance with paragraph (3); and

(b) accepted within the relevant period specified in rule 15, the sanctioned payment has the consequences specified in rule 20, unless the Court orders otherwise.

(5) If the plaintiff accepts the sanctioned payment he must, within 7 days of doing so, apply to the Court for an order for an award of provisional damages under Order 37, rule 8.

(6) The money in court may not be paid out unless the Court has disposed of the application made under paragraph (5).

(7) In this rule, "provisional damages" (暫定損害賠償) means damages for personal injuries that are to be assessed on the assumption that the injured person will not develop the disease or suffer the deterioration referred to in section 72E of the Ordinance.

12. Time when sanctioned offer or sanctioned payment is made and accepted (O. 22, r. 12)

(1) A sanctioned offer is made when it is served on the offeree.

(2) A sanctioned payment is made when a sanctioned payment notice is served on the offeree.

(3) An amendment to a sanctioned offer is effective when its details are served on the offeree.

(4) An amendment to a sanctioned payment is effective when notice of the amendment is served on the offeree.

(5) A sanctioned offer or a sanctioned payment is accepted when notice of its acceptance is served on the offeror.

13. Service of notice of acceptance of plaintiff's sanctioned offer

(O. 22, r. 13)

(1) Where there is more than one defendant, a defendant who serves on the plaintiff a notice of acceptance of the plaintiff's sanctioned offer shall at the same time serve a copy of the notice on the other defendant or defendants.

(2) A defendant on whom a copy of the notice has been served may within 14 days after the service apply to the Court for

(a) a direction as to any question of costs between him and the defendant who has accepted the plaintiff's sanctioned offer; and

(b) any other direction relating to the acceptance of the plaintiff's sanctioned offer.

(3) No application may be made under paragraph (2) after the expiry of the 14-day period referred to in that paragraph.

14. Clarification of sanctioned offer or sanctioned payment notice

(O. 22, r. 14)

(1) The offeree may, within 7 days of a sanctioned offer or a sanctioned payment being made, request the offeror to clarify the offer or payment notice.

(2) If the offeror does not give the clarification requested under paragraph (1) within 7 days of service of the request, the offeree may, unless the trial has commenced, apply for an order that he does so.

(3)

If the Court makes an order pursuant to an application made under paragraph (2), it shall specify the date when the sanctioned offer or sanctioned payment is to be treated as having been made.

(4)

Where a cause of action under the Fatal Accidents Ordinance (Cap 22) and a cause of action under Part IV or IVA of the Law Amendment and Reform (Consolidation) Ordinance (Cap 23) are joined in an action, with or without any other cause of action, the plaintiff is not entitled under paragraph (1) to request the defendant to make an apportionment of the sanctioned payment between the causes of action under those Ordinances.

III. ACCEPTANCE OF SANCTIONED OFFER OR SANCTIONED PAYMENT

15. Time for acceptance of defendant's sanctioned offer or sanctioned payment (O. 22, r. 15)

(1)

Subject to rules 7(3) and 10(2), a plaintiff may accept a sanctioned offer or a sanctioned payment made not less than 28 days before the commencement of the trial without requiring the leave of the Court if he files with the Court and serves on the defendant a written notice of acceptance not later than 28 days after the offer or payment was made.

(2) If- (a) a defendant's sanctioned offer or sanctioned payment is made less than 28 days before the commencement of the trial; or

(b)

the plaintiff does not accept it within the period specified in paragraph (1), then the plaintiff may

(i)

if the parties agree on the liability for costs, accept the offer or payment without the leave of the Court; and

(ii)

if the parties do not agree on the liability for costs, only accept the offer or payment with the leave of the Court.

(3)

Where the leave of the Court is required under paragraph (2), the Court shall, if it grants leave, make an order as to costs.

(4) A notice of acceptance of a sanctioned payment must be in Form No. 24 in Appendix A.

16. Time for acceptance of plaintiff's sanctioned offer (O. 22, r. 16)

(1)

Subject to rule 7(3), a defendant may accept a sanctioned offer made not less than 28 days before the commencement of the trial without requiring the leave of the Court if he files with the Court and serves on the plaintiff a written notice of acceptance not later than 28 days after the offer was made.

(2) If- (a) a plaintiff's sanctioned offer is made less than 28 days before the commencement of the trial; or

(b)

the defendant does not accept it within the period specified in paragraph (1), then the defendant may

(i)

if the parties agree on the liability for costs, accept the offer without the leave of the Court; and

(ii)

if the parties do not agree on the liability for costs, only accept the offer with the leave of the Court.

(3)

Where the leave of the Court is required under paragraph (2), the Court shall, if it grants leave, make an order as to costs.

1. Payment out of a sum in court on acceptance of sanctioned payment (O. 22, r. 17)
2. Subject to rules 18(4) and 19 and Order 22A, rule 2, where a sanctioned payment is accepted, the plaintiff may obtain payment out of the sum in court by making a request for payment in Form No. 25 in Appendix A.
1. Acceptance of sanctioned offer or sanctioned payment made by one or more, but not all, defendants (O. 22, r. 18)

(1)

This rule applies where the plaintiff wishes to accept a sanctioned offer or a sanctioned payment made by one or more, but not all, of a number of defendants.

(2)

If the defendants are sued jointly or in the alternative, the plaintiff may accept the offer or payment without requiring the leave of the Court in accordance with rule 15(1) if-

(a)

he discontinues his claim against those defendants who have not made the offer or payment; and

(b)

those defendants give written consent to the acceptance of the offer or payment.

(3)

If the plaintiff alleges that the defendants have a several liability to him, the plaintiff may

(a)

accept the offer or payment in accordance with rule 15(1); and

(b)

continue with his claims against the other defendants.

(4)

In all other cases the plaintiff shall apply to the Court for-

(a)

an order permitting a payment out to him of any sum in court; and

(b)

such order as to costs as the Court considers appropriate.

19. Other cases where court order is required to enable acceptance of sanctioned offer or sanctioned payment (O. 22, r. 19)

(1)

Where a sanctioned offer or a sanctioned payment is made in proceedings to which Order 80, rule 10 (Compromise, etc., by person under disability) applies

(a)

the offer or payment may be accepted only with the leave of the Court; and

(b)

the money in court may not be paid out except in pursuance of an order of the Court.

(2)

Where the Court grants leave to a plaintiff to accept a sanctioned offer or a sanctioned payment after the trial has commenced

(a)

the money in court may not be paid out except in pursuance of an order of the Court; and

(b)

the Court shall, in the order, deal with the whole costs of the proceedings.

(3)

Where a plaintiff accepts a sanctioned payment after a defence of tender before action has been put forward by the defendant, the money in court may not be paid out except in pursuance of an order of the Court.

(4) Where a plaintiff accepts a sanctioned payment made in satisfaction of-

(a)

a cause of action under the Fatal Accidents Ordinance (Cap 22) and a cause of action under Part IV or IVA of the Law Amendment and Reform (Consolidation) Ordinance (Cap 23); or

(b)

a cause of action under the Fatal Accidents Ordinance (Cap 22) where more than one person is entitled

to the money, the money in court may not be paid out except in pursuance of an order of the Court.

IV. CONSEQUENCES OF SANCTIONED OFFER OR SANCTIONED PAYMENT

20. Costs consequences of acceptance of defendant's sanctioned offer or sanctioned payment (O. 22, r. 20)

(1) Where a defendant's sanctioned offer or sanctioned payment to settle the whole claim is accepted without requiring the leave of the Court, the plaintiff is entitled to his costs of the proceedings up to the date of serving notice of acceptance, unless the Court otherwise orders.

(2) Where

(a)

a sanctioned offer or a sanctioned payment relating to a part of the claim or an issue arising from the claim is accepted; and

(b)

at the time of serving notice of acceptance the plaintiff abandons the other parts of the claim or other

issues arising from the claim, the plaintiff is entitled to his costs of the proceedings up to the date of serving notice of acceptance, unless the Court otherwise orders.

(3) The plaintiff's costs include any costs attributable to the defendant's counterclaim or set-off if the sanctioned offer or the sanctioned payment notice states that it takes into account the counterclaim or set-off.

21. Costs consequences of acceptance of plaintiff's sanctioned offer (O. 22, r. 21)

(1)

Where a plaintiff's sanctioned offer to settle the whole claim is accepted without requiring the leave of the Court, the plaintiff is entitled to his costs of the proceedings up to the date upon which the defendant serves notice of acceptance, unless the Court otherwise orders.

(2)

The plaintiff's costs include any costs attributable to the defendant's counterclaim or set-off if the sanctioned offer states that it takes into account the counterclaim or set-off.

22. Other consequences of acceptance of sanctioned offer or sanctioned payment (O. 22, r. 22)

(1)

If a sanctioned offer or a sanctioned payment relates to the whole claim and is accepted, the claim is stayed.

(2)

In the case of acceptance of a sanctioned offer which relates to the whole claim

(a)

the stay is upon the terms of the offer; and

(b)

either party may apply to enforce those terms without the need to commence new proceedings.

(3)

If a sanctioned offer or a sanctioned payment which relates only to a part of the claim or an issue arising from the claim is accepted

(a)

the claim is stayed as to that part or issue, and in the case of the sanctioned offer, the stay is upon the terms of the offer;

(b)

either party may apply to enforce those terms without the need to commence new proceedings; and

(c)

unless the parties have agreed on costs, the liability for costs shall be decided by the Court.

(4)

If the approval of the Court is required before a settlement can be binding, any stay which would otherwise arise on the acceptance of a sanctioned offer or a sanctioned payment takes effect only when that approval has been given.

(5)

Any stay arising under this rule does not affect the power of the Court-

(a)

to enforce the terms of a sanctioned offer;

(b)

to deal with any question of costs (including interest on costs) relating to the proceedings; or

(c)

to order payment out of court of any sum paid into court.

(6)

Where

(a)

a sanctioned offer has been accepted; and

(b)

a party alleges that-

(i) the other party has not honoured the terms of the offer; and

(ii)

he is therefore entitled to a remedy for breach of contract, the party may claim the remedy by applying to the Court without the need to commence new proceedings unless the Court otherwise orders.

23. Costs consequences where plaintiff fails to do better than sanctioned offer or sanctioned payment (O. 22, r. 23)

(1) This rule applies where a plaintiff-

(a)

fails to obtain a judgment better than the sanctioned payment; or

(b)

fails to obtain a judgment that is more advantageous than a defendant's sanctioned offer.

(2)

The Court may by order disallow all or part of any interest otherwise payable under section 49 of the Ordinance on the whole or part of any sum of money awarded to the plaintiff for some or all of the period after the latest date on which the payment or offer could have been accepted without requiring the leave of the Court.

(3)

The Court may order the plaintiff to pay any costs incurred by the defendant after the latest date on which the payment or offer could have been accepted without requiring the leave of the Court.

(4) The Court may also order that the defendant is entitled to

(a)

his costs on the indemnity basis after the latest date on which the plaintiff could have accepted the payment or offer without requiring the leave of the Court; and

(b)

interest on the costs referred to in paragraph (3) or subparagraph (a) at a rate not exceeding 10% above judgment rate.

(5)

Where this rule applies, the Court shall make the orders referred to in paragraphs (2), (3) and (4) unless it considers it unjust to do so.

(6)

In considering whether it would be unjust to make the orders referred to in paragraphs (2), (3) and (4), the Court shall take into account all the circumstances of the case including-

(a)

the terms of any sanctioned payment or sanctioned offer;

(b)

the stage in the proceedings at which any sanctioned payment or sanctioned offer was made;

(c)

the information available to the parties at the time when the sanctioned payment or sanctioned offer was made; and

(d)

the conduct of the parties with regard to the giving or refusing to give information for the purposes of enabling the payment or offer to be made or evaluated.

(7)

The power of the Court under this rule is in addition to any other power it may have to award or disallow interest.

24. Costs and other consequences where plaintiff does better than he proposed in his sanctioned offer (O. 22, r. 24)

(1) This rule applies where

(a)

a defendant is held liable for more than the proposals contained in a plaintiff's sanctioned offer; or

(b)

the judgment against a defendant is more advantageous to the plaintiff than the proposals contained in a plaintiff's sanctioned offer.

(2)

The Court may order interest on the whole or part of any sum of money (excluding interest) awarded to the plaintiff at a rate not exceeding 10% above judgment rate for some or all of the period after the latest date on which the defendant could have accepted the offer without requiring the leave of the Court.

(3) The Court may also order that the plaintiff is entitled to-

(a)

his costs on the indemnity basis after the latest date on which the defendant could have accepted the offer without requiring the leave of the Court; and

(b)

interest on those costs at a rate not exceeding 10% above judgment rate.

(4)

Where this rule applies, the Court shall make the orders referred to in paragraphs (2) and (3) unless it considers it unjust to do so.

(5)

In considering whether it would be unjust to make the orders referred to in paragraphs (2) and (3), the Court shall take into account all the circumstances of the case including

(a)

the terms of any sanctioned offer;

(b)

the stage in the proceedings at which any sanctioned offer was made;

(c)

the information available to the parties at the time when the sanctioned offer was made; and

(d)

the conduct of the parties with regard to the giving or refusing to give information for the purposes of enabling the offer to be made or evaluated.

(6) The power of the Court under this rule is in addition to any other power it may have to award interest.

V. MISCELLANEOUS

25. Restriction on disclosure of sanctioned offer or sanctioned payment

(O. 22, r. 25)

(1) A sanctioned offer is treated as "without prejudice save as to costs".

(2) The fact that a sanctioned payment has been made must not be communicated to the trial judge or the master hearing or determining the action or counterclaim or any question or issue as to the debt or damages until all questions of liability and the amount of money to be awarded have been decided.

(3) Paragraph (2) does not apply

(a)

where the defence of tender before action has been raised;

(b)

where the proceedings have been stayed under rule 22 following acceptance of a sanctioned offer or a sanctioned payment; or

(c)

where

(i)

the issue of liability has been determined before any assessment of the money claimed; and

(ii)

the fact that there has or has not been a sanctioned payment may be relevant to the question of the costs of the issue of liability.

26. Interest (O. 22, r. 26)

(1) Unless

(a) a plaintiff's sanctioned offer which offers to accept a sum of money; or

(b)

a sanctioned payment notice, indicates to the contrary, any such offer or payment is to be treated as inclusive of all interest until the last date on which it could be accepted without requiring the leave of the Court.

(2)

Where a plaintiff's sanctioned offer or a sanctioned payment notice is expressed not to be inclusive of interest, the offer or notice must state

(a)

whether interest is offered; and

(b)

if so, the amount offered, the rate or rates offered and the period or periods for which it is offered.

27. Money paid into court under order

(O. 22, r. 27)

(1)

On making any payment into court under an order of the Court or a certificate of a master, the party making the payment shall give notice of the payment in Form No. 25A in Appendix A to every other party to the proceedings.

(2)

Unless the Court otherwise orders, a defendant who has paid money into court in pursuance of an order made under Order 14 may

(a)

by notice served on the plaintiff, appropriate the whole or any part of the money and any additional payment, if necessary, in satisfaction of any particular claim made by the plaintiff and specified in the notice; or

(b)

if he pleads a tender, by his pleading served on the plaintiff, appropriate the whole or any part of the money as payment into court of the money alleged to have been tendered.

(3) Any money appropriated in accordance with paragraph (2) is deemed to be-

(a)

in the case of paragraph (2)(a), a sanctioned payment when the notice is served on the plaintiff; and

(b)

in the case of paragraph (2)(b), money paid into court with a plea of tender when the pleading is served

on the plaintiff, and this Order applies accordingly.

(4) A notice served on the plaintiff in accordance with paragraph (2)(a) is deemed to be a sanctioned payment notice.

28. Transitional provision relating to Part 9 of Amendment Rules 2008

(O. 22, r. 28)

Where

(a) a payment into court has been made in accordance with Order 22 ("the repealed Order") repealed by rule 61 ("the repealing rule") of the Amendment Rules 2008; and

(b) the disposal of the payment is pending immediately before the commencement* of the repealing rule, then nothing in Division 1 of Part 9 of the Amendment Rules 2008 applies in relation to that payment, and the repealed Order and all the other provisions amended or repealed by that Division, as in force immediately before the commencement, continue to apply in relation to that payment as if that Division had not been made.

(L.N. 153 of 2008)

Note:

* Commencement day: 2 April 2009.

Order:	22A	MISCELLANEOUS PROVISIONS ABOUT PAYMENTS INTO COURT	L.N. 153 of 2008; L.N. 18 of 2009	02/04/2009

1. Money remaining in court

Cap 336H -THE RULES OF THE DISTRICT COURT

(O. 22A, r. 1)

(1)

Subject to Order 22, rule 17, any money paid into court in an action (whether or not in accordance with Order 22) may not be paid out except in pursuance of an order of the Court which may be made at any time before, at or after the trial or hearing of the action.

(2)

Where an order under paragraph (1) is made before the trial or hearing and the money in court is a sanctioned payment made in accordance with Order 22, the money may not be paid out except-

(a)

in satisfaction of the cause or causes of action in respect of which it was paid in; or

(b)

to the extent to which the sanctioned payment may be withdrawn or diminished pursuant to Order 22.

2. Person to whom payment to be made (O. 22A, r. 2)

(1)

Where the party entitled to money in court is a person in respect of whom a certificate is or has been in force entitling him to legal aid under the Legal Aid Ordinance (Cap 91), payment shall be made only to the Director of Legal Aid without the need for any authority from the party.

(2) Subject to paragraph (1), payment shall be made to the party entitled or to his solicitor.

(3)

This rule applies whether the money in court has been paid into court under Order 22 or under an order of the Court or a certificate of the Registrar.

3. Payment out: small intestate estates (O. 22A, r. 3)

Where

(a)

a person entitled to a fund in court, or a share of such fund, dies intestate;

(b)

the Court is satisfied that no grant of administration of his estate has been made; and

(c) the assets of his estate, including the fund or share, do not exceed $150000 in value, it may order that the fund or share shall be paid, transferred or delivered to the person who, being a widower, widow, child, father, mother, brother or sister of the deceased, would have the prior right to a grant of administration of the estate of the deceased.

4. Investment of money in court

(O. 22A, r. 4)

Cash under the control of or subject to the order of the Court may be invested in any manner specified in the District Court Suitors' Funds Rules (Cap 336 sub. leg. E) and the Trustee Ordinance (Cap 29).

(L.N. 153 of 2008)

1. Security for costs of action, etc. (O. 23, r. 1)

(1) Where, on the application of a defendant to an action or other proceeding in the Court, it appears to the Court-

(a)

that the plaintiff is ordinarily resident out of the jurisdiction; or

(b)

that the plaintiff (not being a plaintiff who is suing in a representative capacity) is a nominal plaintiff who is suing for the benefit of some other person and that there is reason to believe that he will be unable to pay the costs of the defendant if ordered to do so; or

(c)

subject to paragraph (2), that the plaintiff's address is not stated in the writ or other originating process or is incorrectly stated therein; or

(d)

that the plaintiff has changed his address during the course of the proceedings with a view to evading

the consequences of the litigation, then if, having regard to all the circumstances of the case, the Court thinks it just to do so, it may order the plaintiff to give such security for the defendant's costs of the action or other proceeding as it thinks just.

(2) The Court shall not require a plaintiff to give security by reason only of paragraph (1)(c) if he satisfies the Court that the failure to state his address or the mis-statement thereof was made innocently and without intention to deceive.

(3) The references in this rule to a plaintiff and a defendant shall be construed as references to the person (howsoever described on the record) who is in the position of plaintiff or defendant, as the case may be, in the proceeding in question, including a proceeding on a counterclaim.

1. Manner of giving security (O. 23, r. 2)
2. Where an order is made requiring any party to give security for costs, the security shall be given in such manner, at such time, and on such terms (if any) as the Court may direct.
1. Saving for enactments (O. 23, r. 3)

This Order is without prejudice to the provisions of any written law which empowers the Court to require security to be given for the costs of any proceedings.

1. Mutual discovery of documents

(O. 24, r. 1)

(1)

After the close of pleadings in an action begun by writ there shall, subject to and in accordance with the provisions of this Order, be discovery by the parties to the action of the documents which are or have been in their possession, custody or power relating to matters in question in the action.

(2)

Nothing in this Order shall be taken as preventing the parties to an action agreeing to dispense with or limit the discovery of documents which they would otherwise be required to make to each other.

(L.N. 153 of 2008)

2. Discovery by parties without order

(O. 24, r. 2)

(1)

Subject to the provisions of this rule and of rule 4, the parties to an action between whom pleadings are closed shall make discovery by exchanging lists of documents. Accordingly, each party shall, within 14 days after the pleadings in the action are deemed to be closed as between him and any other party, make and serve on that other party a list of the documents which are or have been in his possession, custody or power relating to any matter in question between them in the action.

(2)

Without prejudice to any directions given by the Court under Order 16, rule 4, paragraph (1) does not apply in third party proceedings, including proceedings under that Order involving fourth or subsequent parties.

(3)

Unless the Court otherwise orders, a defendant to an action arising out of an accident on land due to a collision or apprehended collision involving a vehicle shall not make discovery of any documents to the plaintiff under paragraph (1).

(4)

Paragraph (1) shall not be taken as requiring a defendant to an action for the recovery of any penalty recoverable by virtue of any written law to make discovery of any documents.

(5)

Paragraphs (3) and (4) apply in relation to a counterclaim as they apply in relation to an action but with the substitution, for the reference in paragraph (3) to the plaintiff, of a reference to the party making the counterclaim.

(6) On the application of any party required by this rule to make discovery of documents, the Court may

(a)

order that the parties to the action or any of them shall make discovery under paragraph (1) of such documents or classes of documents only, or as to such only of the matters in question, as may be specified in the order; or

(b)

if satisfied that discovery by all or any of the parties is not necessary, or not necessary at that stage of

the action, order that there shall be no discovery of documents by any or all of the parties either at all or at that stage.

(7)

The Court shall make an order under paragraph (6), if and so far as it is of opinion that discovery is not necessary either for disposing fairly of the action or for saving costs.

(8)

An application for an order under paragraph (6) must be by summons, and the summons must be taken out before the expiration of the period within which by virtue of this rule discovery of documents in the action is required to be made.

(9)

Any party to whom discovery of documents is required to be made under this rule may, at any time before the case management summons in the action is taken out, serve on the party required to make such discovery a notice requiring him to make an affidavit verifying the list he is required to make under paragraph (1).

(10)

The party on whom the notice is served shall, within 14 days after service of the notice, make and file an affidavit in compliance with the notice and serve a copy of the affidavit on the party by whom the notice was served.

(L.N. 153 of 2008)

3. Order for discovery (O. 24, r. 3)

(1)

Subject to the provisions of this rule and of rules 4 and 8, the Court may order any party to a cause or matter (whether begun by writ or originating summons or otherwise) to make and serve on any other party a list of the documents which are or have been in his possession, custody or power relating to any matter in question in the cause or matter, and may at the same time or subsequently also order him to make and file an affidavit verifying such a list and to serve a copy thereof on the other party. (L.N. 153 of 2008)

(2)

Where a party who is required by rule 2 to make discovery of documents fails to comply with any provision of that rule, the Court, on the application of any party to whom the discovery was required to be made-

(a)

may make an order against the first-mentioned party under paragraph (1); or

(b)

as the case may be, may order him to make and file an affidavit verifying the list of documents he is required to make under rule 2 and to serve a copy thereof on the applicant. (L.N. 153 of 2008)

(3)

An order under this rule may be limited to such documents or classes of document only, or to such only of the matters in question in the cause or matter, as may be specified in the order.

(4) (Repealed L.N. 153 of 2008)

4. Order for determination of issue, etc., before discovery (O. 24, r. 4)

(1)

Where on an application for an order under rule 2 or 3 it appears to the Court that any issue or question in the cause or matter should be determined before any discovery of documents is made by the parties, the Court may order that that issue or question be determined first.

(2)

Where in an action begun by writ an order is made under this rule for the determination of an issue or question, Order 25, rules 5 to 10- (L.N. 153 of 2008)

(a) with the omission of so much of rule 10(1) as requires parties to serve a notice specifying the orders and directions which they require; and

(b)

with any other necessary modifications, apply as if the application on which the order was made were a case management summons.

(L.N. 153 of 2008)

5. Form of list and affidavit (O. 24, r. 5)

(1)

A list of documents made in compliance with rule 2 or with an order under rule 3 must be in Form No. 26 in Appendix A, and must enumerate the documents in a convenient order and as shortly as possible but describing each of them or, in the case of bundles of documents of the same nature, each bundle, sufficiently to enable it to be identified.

(2)

If it is desired to claim that any documents are privileged from production, the claim must be made in the list of documents with a sufficient statement of the grounds of the privilege.

(3) An affidavit made as aforesaid verifying a list of documents must be in Form No. 27 in Appendix A.

(L.N. 153 of 2008)

6. Defendant entitled to copy of co-defendant's list

(O. 24, r. 6)

(1) A defendant who has pleaded in an action shall be entitled to have a copy of any list of documents served on the plaintiff by any other defendant to the action; and a plaintiff against whom a counterclaim is made in an action begun by writ shall be entitled to have a copy of any list of documents served under any of those rules on the party making the counterclaim by any other defendant to the counterclaim.

(2) A party required by virtue of paragraph (1) to supply a copy of a list of documents must supply it free of charge on a request made by the party entitled to it.

(3) Where in proceedings begun by originating summons the Court makes an order under rule 3 requiring a defendant to the action to serve a list of documents on the plaintiff, it may also order him to supply any other defendant to the action with a copy of that list.

(4) In this rule "list of documents" (文件清單) includes an affidavit verifying a list of documents.

7. Order for discovery of particular documents

(O. 24, r. 7)

(1) Subject to rule 8, the Court may at any time, on the application of any party to a cause or matter, make an order requiring any other party to make an affidavit stating whether any document specified or described in the application or any class of document so specified or described is, or has at any time been, in his possession, custody or power, and, if not then in his possession, custody or power, when he parted with it and what has become of it.

(2) An order may be made against a party under this rule notwithstanding that he may already have made or been required to make a list of documents or affidavit under rule 3.

(3) An application for an order under this rule must be supported by an affidavit stating the belief of the deponent that the party from whom discovery is sought under this rule has, or at some time had in his possession, custody or power the document, or class of document, specified or described in the application and that it relates to one or more of the matters in question in the cause or matter.

7A. Application under section 47A or 47B(1) of the Ordinance (O. 24 r. 7A)

(1) An application for an order under section 47A of the Ordinance for the disclosure of documents before the commencement of proceedings shall be made by originating summons (in Form No. 10 in Appendix A) and the person against whom the order is sought shall be made defendant to the summons.

(2) An application after the commencement of proceedings for an order under section 47B(1) of the Ordinance for the disclosure of documents by a person who is not a party to the proceedings shall be made by summons, which must be served on that person personally and on every party to the proceedings other than the applicant.

(3) A summons under paragraph (1) or (2) shall be supported by an affidavit which must-

(a) in the case of a summons under paragraph (1), state the grounds on which it is alleged that the applicant and the person against whom the order is sought are likely to be parties to subsequent proceedings in the Court;

(b) in any case, specify or describe the documents in respect of which the order is sought and show, if practicable by reference to any pleading served or intended to be served in the proceedings, that the documents are relevant to an issue arising or likely to arise in the proceedings and that the person against whom the order is sought is likely to have or have had them in his possession, custody or power. (L.N. 153 of 2008)

(3A) In the case of a summons under paragraph (1), paragraph (3)(b) shall be construed as if for the word "relevant", there were substituted the words "directly relevant (within the meaning of section 47A of the Ordinance)".

(L.N. 153 of 2008)

(4) A copy of the supporting affidavit shall be served with the summons on every person on whom the summons is required to be served.

(5) An order under section 47A or 47B(1) of the Ordinance for the disclosure of documents may be made conditional on the applicant's giving security for the costs of the person against whom it is made or on such other terms, if any, as the Court thinks just, and shall require the person against whom the order is made to make an affidavit stating whether any documents specified or described in the order are, or at any time have been, in his possession,

custody or power and, if not then in his possession, custody or power, when he parted with them and what has become of them.

(6)

No person shall be compelled by virtue of such an order to produce any documents which he could not be compelled to produce

(a)

in the case of a summons under paragraph (1), if the subsequent proceedings had already been begun; or

(b)

in the case of a summons under paragraph (2), if he had been served with a writ of subpoena duces tecum to produce the documents at the trial.

(7) (Repealed L.N. 153 of 2008)

(8)

For the purposes of rules 10 and 11 an application for an order under section 47A or 47B(1) of the Ordinance shall be treated as a cause or matter between the applicant and the person against whom the order is sought.

8. Discovery to be ordered only if necessary (O. 24, r. 8)

(1)

On the hearing of an application for an order under rule 3 or 7, the Court, if satisfied that discovery is not necessary, or not necessary at that stage of the cause or matter, may dismiss or, as the case may be, adjourn the application and shall in any case refuse to make such an order if and so far as it is of opinion that discovery is not necessary either for disposing fairly of the cause or matter or for saving costs. (L.N. 153 of 2008)

(2)

No order for the disclosure of documents shall be made under section 47A or 47B of the Ordinance, unless the Court is of opinion that the order is necessary either for disposing fairly of the cause or matter or for saving costs.

(L.N. 153 of 2008)

9. Inspection of documents referred to in list (O. 24, r. 9)

A party who has served a list of documents on any other party, whether in compliance with rule 2 or with an order under rule 3, must allow the other party to inspect the documents referred to in the list (other than any which he objects to produce) and to take copies thereof and, accordingly, he must, when he serves the list on the other party, also serve on him a notice stating a time within 7 days after the service thereof at which the said documents may be inspected at a place specified in the notice.

(L.N. 153 of 2008)

10. Inspection of documents referred to in pleadings and affidavits (O. 24, r. 10)

(1)

Any party to a cause or matter shall be entitled at any time to serve a notice on any other party in whose pleadings, affidavits, or witness statements served under Order 38, rule 2A, or experts' reports, reference is made to any document requiring him to produce that document for the inspection of the party giving the notice and to permit him to take copies thereof.

(2)

The party on whom a notice is served under paragraph (1) must, within 4 days after service of the notice, serve on the party giving the notice a notice stating a time within 7 days after the service thereof at which the documents, or such of them as he does not object to produce, may be inspected at a place specified in the notice, and stating which (if any) of the documents he objects to produce and on what grounds.

11. Order for production for inspection (O. 24, r. 11)

(1) If a party who is required by rule 9 to serve such a notice as is therein mentioned or who is served with a notice under rule 10(1)

(a)

fails to serve a notice under rule 9 or, as the case may be, rule 10(2); or

(b)

objects to produce any document for inspection; or

(c)

offers inspection at a time or place such that, in the opinion of the Court, it is unreasonable to offer

inspection then or, as the case may be, there, then, subject to rule 13(1), the Court may, on the application of the party entitled to inspection, make an order for production of the documents in question for inspection at such time and place, and in such manner, as it thinks fit.

(2) Without prejudice to paragraph (1), but subject to rule 13(1), the Court may, on the application of any party to a cause or matter, order any other party to permit the party applying to inspect any documents in the possession, custody or power of that other party relating to any matter in question in the cause or matter.

(3)

An application for an order under paragraph (2) must be supported by an affidavit specifying or describing the documents of which inspection is sought and stating the belief of the deponent that they are in the possession, custody or power of the other party and that they relate to a matter in question in the cause or matter.

11A. Provision of copies of documents (O. 24, r. 11A)

(1)

Any party who is entitled to inspect any documents under any provision of this Order or any order made thereunder may, at or before the time when inspection takes place, serve on the party who is required to produce such documents for inspection a notice (which shall contain an undertaking to pay the reasonable charges) requiring him to supply a true copy of any such document as is capable of being copied by photographic or similar process.

(2)

The party on whom such a notice is served must, within 7 days after receipt thereof, supply the copy requested together with an account of the reasonable charges.

(3)

Where a party fails to supply to another party a copy of any document under paragraph (2), the Court may, on the application of either party, make such order as to the supply of that document as it thinks fit.

1. Order for production to Court (O. 24, r. 12)
2. At any stage of the proceedings in any cause or matter the Court may, subject to rule 13(1), order any party to produce to the Court any document in his possession, custody or power relating to any matter in question in the cause or matter and the Court may deal with the document when produced in such manner as it thinks fit.
1. Production to be ordered only if necessary, etc.

(O. 24, r. 13)

(1)

No order for the production of any documents for inspection or to the Court or for the supply of a copy of any document shall be made under any of the foregoing rules unless the Court is of opinion that the order is necessary either for disposing fairly of the cause or matter or for saving costs.

(2)

Where, on an application under this Order for production of any document for inspection or to the Court or for the supply of a copy of any document, privilege from such production or supply is claimed or objection is made to such production or supply on any other ground, the Court may inspect the document for the purpose of deciding whether the claim or objection is valid.

14. Production of business books (O. 24, r. 14)

(1)

Where production of any business books for inspection is applied for under any of the foregoing rules, the Court may, instead of ordering production of the original books for inspection, order a copy or any entries therein to be supplied and verified by an affidavit of some person who has examined the copy with the original books.

(2)

Any such affidavit shall state whether or not there are in the original book any and what erasures, interlineations or alterations.

(3)

Notwithstanding that a copy of any entries in any book has been supplied under this rule, the Court may order production of the book from which the copy was made.

14A. Use of documents (O. 24, r. 14A)

Any undertaking, whether express or implied, not to use a document for any purposes other than those of the proceedings in which it is disclosed shall cease to apply to such document after it has been read to or by the Court or referred to in open court, unless the Court for special reasons has otherwise ordered on the application of a party or of the person to whom the document belongs.

15. Document disclosure of which would be injurious to public interest: saving (O. 24, r. 15)

The foregoing provisions of this Order shall be without prejudice to any rule of law which authorizes or requires the withholding of any document on the ground that the disclosure of it would be injurious to the public interest.

15A. Order for limiting discovery

(O. 24 r. 15A)

For the purpose of managing the case in question and furthering any of the objectives specified in Order 1A, the Court may make any one or more of the following orders-

(a)

an order limiting the discovery of documents which the parties to the case would otherwise be required to make to each other under rule 1(1);

(b)

an order directing that the discovery of documents required to be made under this Order to any party to the case shall, notwithstanding anything in this Order, be made in the manner specified in the order; and

(c)

an order directing that documents which may be inspected under this Order shall, notwithstanding anything in rule 9 or 10, be inspected at a time or times specified in the order.

(L.N. 153 of 2008)

16. Failure to comply with requirement for discovery, etc. (O. 24, r. 16)

(1)

If any party who is required by any of the foregoing rules, or by any order made thereunder, to make discovery of documents or to produce any documents for the purpose of inspection or any other purpose or to supply copies thereof fails to comply with any provision of that rule or with that order, as the case may be, then, without prejudice, in the case of a failure to comply with any such provision, to rules 3(2) and 11(1), the Court may make such order as it thinks just including, in particular, an order that the action be dismissed or, as the case may be, an order that the defence be struck out and judgment be entered accordingly. (L.N. 153 of 2008)

(2)

If any party against whom an order for discovery or production of documents is made fails to comply with it, then, without prejudice to paragraph (1), he shall be liable to committal.

(3)

Service on a party's solicitor of an order for discovery or production of documents made against that party shall be sufficient service to found an application for committal of the party disobeying the order, but the party may show in answer to the application that he had no notice or knowledge of the order.

(4)

A solicitor on whom such an order made against his client is served and who fails without reasonable excuse to give notice thereof to his client shall be liable to committal.

17. Transitional provision relating to rules 1 and 2 (O. 24, r. 17)

(1) Where before the commencement* of rule 2, the pleadings in an action are deemed to have been closed, rule 2(1) has effect as if for the words "within 14 days after the pleadings in the action are deemed to be closed as between him and any other party", there were substituted the words "within 14 days of the commencement of this rule".

(2) Rules 1 and 2 and paragraph (1) has effect subject to-

(a)

any direction relating to discovery of documents given by the Court before the commencement of those rules; and

(b)

any memorandum filed under Order 23A, rule 4 ("the repealed rule") repealed by rule 78 of the Amendment Rules 2008 which sets out the directions and orders agreed between the parties and taking effect under the repealed rule.

(L.N. 153 of 2008)

Note:

* Commencement day: 2 April 2009.

Order:	25	CASE MANAGEMENT SUMMONS AND CONFERENCE	L.N. 153 of 2008; L.N. 18 of 2009	02/04/2009

1. Case management summons and

Cap 336H -THE RULES OF THE DISTRICT COURT

conference (O. 25, r. 1)

(1) For the purpose of facilitating the giving of directions for the management of a case, each party shall, within 28 days after the pleadings in an action to which this rule applies are deemed to be closed

(a)

complete a questionnaire prescribed in a practice direction issued for that purpose by providing the information requested in the manner specified in the questionnaire; and

(b)

serve it on all other parties or file it with the Court in the manner specified in the practice direction.

(2) Where, upon completion of the questionnaire, the parties are able to reach an agreement on-

(a)

the directions relating to the management of the case that they wish the Court to make; or

(b)

a timetable for the steps to be taken between the date of the giving of those directions and the date of

the trial, they shall procure an order to that effect by way of a consent summons.

(3)

Where there is no agreement on any of the matters specified in paragraph (2)(a) and (b)

(a)

each party shall in the questionnaire make a proposal on the matter; and

(b)

the plaintiff shall, within the period specified in the practice direction, take out a summons (in these Rules referred to as a case management summons) returnable in not less than 14 days, so that the Court may give directions relating to the management of the case.

(4)

This rule applies to all actions begun by writ except-

(a)

actions in which the plaintiff or defendant has applied for judgment under Order 14, or in which the plaintiff has applied for judgment under Order 86, and directions have been given under the relevant Order;

(b)

actions in which the plaintiff or defendant has applied under Order 18, rule 21, for trial without pleadings or further pleadings and directions have been given under that rule;

(c)

actions in which an order has been made under Order 24, rule 4, for the trial of an issue or question before discovery;

(d)

actions in which directions have been given under Order 29, rule 7;

(e)

actions in which an order for the taking of an account has been made under Order 43, rule 1;

(f)

actions in which an application for transfer to a specialist list is pending; and

(g)

actions for personal injuries for which automatic directions are provided by rule 11.

(5)

If the plaintiff does not file the questionnaire in accordance with paragraph (1)(b) or take out a case management summons in accordance with paragraph (3)(b), the defendant or any defendant may

(a)

take out a case management summons; or

(b)

apply for an order to dismiss the action.

(6)

On an application by a defendant to dismiss the action under paragraph (5), the Court may either dismiss the action on such terms as may be just or deal with the application as if it were a case management summons.

(7)

In the case of an action which is proceeding only as respects a counterclaim, references in this rule and rule 2(1)(c) to the plaintiff and defendant are to be construed respectively as references to the party making the counterclaim and the defendant to the counterclaim.

(8)

Notwithstanding anything in paragraph (3), any party to an action to which this rule applies may take out a case management summons at any time after the defendant has given notice of intention to defend, or, if there are two or more defendants, at least one of them has given such notice.

2. Case management timetable

(O. 25, r. 2)

(1)

Subject to paragraph (4), as soon as practicable after the completed questionnaire has been filed with the Court, the Court shall, having regard to the questionnaire and the needs of the case-

(a)

give directions relating to the management of the case and fix the timetable for the steps to be taken between the date of the giving of those directions and the date of the trial;

(b)

fix a case management conference if the Court is of the opinion that it is desirable to do so; or

(c)

direct the plaintiff to take out a case management summons if he has not already done so under rule 1(3)(b).

(2) Where the Court has fixed a case management conference, it shall-

(a)

give directions relating to the management of the case and fix the timetable for the steps to be taken between the date of the giving of those directions and the date of the case management conference; and

(b) at the case management conference, fix a timetable for the steps to be taken between the date of the conference and the date of the trial, and the timetable must include-

(i) a date for a pre-trial review; or

(ii) the trial date or the period in which the trial is to take place.

(3) Where the Court has not fixed a case management conference, any timetable fixed under paragraph (1)(a) must include-

(a) a date for a pre-trial review; or

(b) the trial date or the period in which the trial is to take place.

(4) The Court may, without a hearing of the case management summons and having regard to the completed questionnaire, by an order nisi, give directions relating to the management of the case and fix the timetable for the steps to be taken between the date of the giving of those directions and the date of the trial.

(5) The order nisi becomes absolute 14 days after the order is made unless a party has applied to the Court for varying the order.

(6) The Court shall, on an application made under paragraph (5), hear the case management summons.

3. Variation of case management timetable (O. 25, r. 3)

(1) The Court may, either of its own motion or on the application of a party, give further directions relating to the management of the case or vary any timetable fixed by it under rule 2.

(2) A party may apply to the Court if he wishes to vary a milestone date.

(3) The Court shall not grant an application under paragraph (2) unless there are exceptional circumstances justifying the variation.

(4) A non-milestone date may be varied by procuring an order to that effect by way of a consent summons.

(5) A party may apply to the Court if he wishes to vary a non-milestone date without the agreement of the other parties.

(6) The Court shall not grant an application under paragraph (5) unless sufficient grounds have been shown to it.

(7) Whether or not sufficient grounds have been shown to it, the Court shall not grant an application under paragraph (5) if the variation would make it necessary to change a trial date or the period in which the trial is to take place.

(8) In this rule"milestone date" (進度指標日期) means-

(a) a date which the Court has fixed for

(i) a case management conference;

(ii) a pre-trial review; or

(iii) the trial; or

(b) a period fixed by the Court in which a trial is to take place;

"non-milestone date" (非進度指標日期) means a date or period fixed by the Court, other than a date or period specified in the definition of "milestone date".

4. Failure to appear at case management conference or pre-trial review (O. 25, r. 4)

(1) Where the plaintiff does not appear at the case management conference or pre-trial review, the Court shall provisionally strike out the plaintiff's claim.

(2) Where the defendant has made a counterclaim in the action and he does not appear at the case management conference or pre-trial review, the Court shall provisionally strike out the defendant's counterclaim.

(3) Where the Court has provisionally struck out a claim or counterclaim under paragraph (1) or (2), the plaintiff or the defendant may, before the expiry of 3 months from the date of the case management conference or pretrial review, as the case may be, apply to the Court for restoration of the claim or counterclaim.

(4) The Court may restore the claim or counterclaim subject to such conditions as it thinks fit or refuse to restore it.

(5)

The Court shall not restore the claim or counterclaim unless good reasons have been shown to the satisfaction of the Court.

(6)

If the plaintiff or the defendant does not apply under paragraph (3) or his application under that paragraph is refused, then-

(a)

the plaintiff's claim or the defendant's counterclaim stands dismissed upon the expiry of 3 months from the date of the case management conference or pre-trial review, as the case may be; and

(b)

(i) in the case of the plaintiff's claim, the defendant is entitled to his costs of the claim; and

(ii) in the case of the defendant's counterclaim, the plaintiff is entitled to his costs of the counterclaim.

5. Duty to consider all matters

(O. 25, r. 5)

(1) When the case management summons first comes to be determined, the Court shall consider whether-

(a)

it is possible to deal then with all the matters which, by the rules of this Order, are required to be considered at the case management summons; or

(b)

it is expedient to adjourn the consideration of all or any of those matters until a later stage.

(2)

If when the case management summons first comes to be determined, the Court considers that it is possible to deal then with all the matters referred to in paragraph (1), it shall-

(a)

deal with them forthwith; and

(b)

endeavour to secure that all other matters which must or can be dealt with on interlocutory applications and have not already been dealt with are also then dealt with.

(3)

If, when the case management summons first comes to be determined, the Court considers that it is expedient to adjourn the consideration of all or any of the matters which, by the rules of this Order, are required to be considered at the case management summons, the Court shall-

(a)

deal forthwith with such of those matters as it considers can conveniently be dealt with forthwith and adjourn the consideration of the remaining matters; and

(b)

endeavour to secure that all other matters which must or can be dealt with on interlocutory applications and have not already been dealt with are dealt with either then or at such time as the Court may specify.

(4)

Subject to paragraph (5), and except where the parties agree to the making of an order under Order 33 as to the place or mode of trial before all the matters which, by the rules of this Order, are required to be considered at the case management summons have been dealt with, no such order shall be made until all those matters have been dealt with.

(5)

If, at the determination of the case management summons, an action is ordered to be transferred to the Court of First Instance or some other court, paragraph (4) does not apply and nothing in this Order shall be construed as requiring the Court to make any further order at the case management summons.

(6)

If the determination of the case management summons is adjourned without a day being fixed for its resumption, any party may restore the summons to the list on 2 days' notice to the other parties.

6. Particular matters for consideration

(O. 25, r. 6)

At the determination of the case management summons, the Court shall in particular consider, if necessary of its own motion, whether any order should be made or direction given in the exercise of the powers conferred by any of the following provisions, that is to say-

(a)

any provision of Part IV and Part V of the Evidence Ordinance (Cap 8) (hearsay evidence of fact or opinion in civil proceedings) or of Part III and Part IV of Order 38;

(b)

Order 20, rule 5 and Order 38, rules 2 to 7;

(c)

sections 41 and 42 of the Ordinance.

7. Admissions and agreements to be made (O. 25, r. 7)

At the determination of the case management summons, the Court-

(a)

shall endeavour to secure that the parties make all admissions and all agreements as to the conduct of the proceedings which ought reasonably to be made by them; and

(b)

may cause the order on the summons to record-

(i)

any admissions or agreements so made; and

(ii)

(with a view to such special order, if any, as to costs as may be just being made at the trial) any refusal to make any admission or agreement.

8. Limitation of right of appeal

(O. 25, r. 8)

Nothing in rule 7 shall be construed as requiring the Court to endeavour to secure that the parties shall agree to exclude or limit any right of appeal, but the order made on the case management summons may record any such agreement.

9. Duty to give all information at determination of case management summons (O. 25, r. 9)

(1)

Subject to paragraph (5), no affidavit shall be used at the determination of the case management summons except by the leave or directions of the Court.

(2)

Subject to paragraph (7), it is the duty of the parties to the action and their advisers to give all such information and produce all such documents as the Court may reasonably require for the purposes of enabling it properly to deal with the summons.

(3)

The Court may, if it appears proper so to do in the circumstances, authorize any such information or documents to be given or produced to the Court without being disclosed to the other parties.

(4)

In the absence of such authority, any information or document given or produced under paragraph (2) shall be given or produced to all the parties as well as to the Court.

(5)

No leave is required by virtue of paragraph (1) for the use of an affidavit by any party at the determination of the case management summons in connection with any application thereat for any order if, under any of these Rules, an application for such an order is required to be supported by an affidavit.

(6)

If the Court at the determination of the case management summons requires a party to the action or his solicitor or counsel to give any information or produce any document and that information or document is not given or produced, then, subject to paragraph (7), the Court may

(a)

cause the facts to be recorded in the order with a view to such special order, if any, as to costs as may be just being made at the trial; or

(b)

if it appears to the Court to be just so to do

(i)

order the whole or any part of the pleadings of the party concerned to be struck out; or

(ii)

if the party is plaintiff or the claimant under a counterclaim, order the action or counterclaim to be dismissed on such terms as may be just.

(7)

Notwithstanding anything in this rule, no information or documents which are privileged from disclosure are required to be given or produced under this rule by or by the advisers of any party otherwise than with the consent of that party.

10. Duty to make all interlocutory applications at case management summons (O. 25, r. 10)

(1)

Any party to whom the case management summons is addressed must-

(a)

so far as practicable apply at the time fixed for determination of the summons for any order or directions which he may desire as to any matter capable of being dealt with on an interlocutory application in the action; and

(b)

not less than 7 days before the time fixed for determination of the summons, serve on the other parties a notice specifying those orders and directions in so far as they differ from the orders and directions asked for by the summons.

(2)

If-

(a) the determination of the case management summons is adjourned; and

(b) any party to the proceedings desires to apply for any order or directions not asked for by the summons

or in any notice given under paragraph (1), he must, not less than 7 days before the resumption of the determination of the summons, serve on the other parties a notice specifying those orders and directions in so far as they differ from the orders and directions asked for by the summons or in any notice given under paragraph (1).

(3) Any application subsequent to the case management summons and before judgment as to any matter capable of being dealt with on an interlocutory application in the action must be made under the summons by 2 clear days' notice to the other party stating the grounds of the application.

11. Automatic directions in personal injury actions (O. 25, r. 11)

(1) When the pleadings in any action to which this rule applies are deemed to be closed, the following directions take effect automatically

(a) there shall be discovery of documents within 14 days in accordance with Order 24, rule 2, and inspection within 7 days thereafter, save that where liability is admitted, or where the action arises out of a road accident, discovery shall be limited to disclosure by the plaintiff of any documents relating to special damages;

(b) photographs, a sketch plan and the contents of any police accident report shall be receivable in evidence at the trial and shall be agreed if possible;

(c) the record of any proceedings in any court or tribunal shall be receivable in evidence upon production of a copy thereof certified as a true copy by the clerk or other appropriate officer of the court or tribunal.

(2) Nothing in paragraph (1)

(a) prevents any party to an action to which this rule applies from applying to the Court for such further or different directions or orders as may, in the circumstances, be appropriate; or

(b) prevents the making of an order for the transfer of the proceedings to the Court of First Instance.

(3) For the purpose of this rule- "a road accident" (道路意外) means an accident on land due to a collision or apprehended collision involving a

vehicle; "documents relating to special damages" (關於專項損害賠償的文件) include-

(a) documents relating to any industrial injury, industrial disablement or sickness benefit rights; and

(b) where the claim is made under the Fatal Accidents Ordinance (Cap 22), documents relating to any claim for dependency on the deceased.

(4) This rule applies to any action for personal injuries except-

(a) any Admiralty action; and

(b) any action where the pleadings contain an allegation of a negligent act or omission in the course of medical treatment.

1. 12. Application to action in specialist list (O. 25, r. 12)
2. Notwithstanding anything in this Order, a specialist judge may, by a practice direction, determine the extent to which this Order is to apply to an action in a specialist list.
1. 13. Transitional

(O. 25, r. 13)

(1) Where immediately before the commencement* of this Order, a summons for directions taken out under rule 7 of the repealed Order 23A is pending, then the summons for directions is deemed to be-

(a) if it was taken out by the plaintiff, a case management summons taken out under rule 1(3)(b); or

(b) if it was taken out by the defendant, a case management summons taken out under rule 1(5).

(2) Where before the commencement of this Order- (a) the Court has given a direction requiring the plaintiff to apply for a pre-trial review under the repealed Order 34 or a memorandum setting out such a direction has been filed under rule 4 of the repealed Order 23A; and

(b) the plaintiff has not made the application in accordance with the direction, then the direction is deemed to be a direction requiring the plaintiff to take out a case management summons under rule 1(3)(b).

(3) Where immediately before the commencement of this Order, an application for a pre-trial review made under the repealed Order 34 is pending, then the application is deemed to be a case management summons taken out under this Order, irrespective of whether a notice in response has been filed under the repealed Order 34.

(4) Where before the commencement of this Order, the pleadings in an action to which this rule applies are deemed to have been closed and paragraphs (1), (2) and (3) are not applicable, then rule 1(1) has effect as if for the words "the pleadings in an action to which this rule applies are deemed to be closed", there were substituted the words "the commencement of this Order".

(5) In this rule"repealed Order 23A" (已廢除的第23號命令) means Order 23A repealed by rule 78 of the Amendment Rules

2008; "repealed Order 34" (已廢除的第34號命令) means Order 34 repealed by rule 151 of the Amendment Rules 2008.

(L.N. 153 of 2008)

Note:

* Commencement day: 2 April 2009.

Order:	26	INTERROGATORIES	L.N. 153 of 2008; L.N. 18 of 2009	02/04/2009

1. Discovery by interrogatories (O. 26, r. 1)

(1) A party to any cause or matter may apply to the Court for an order

(a) giving him leave to serve on any other party interrogatories relating to any matter in question between the applicant and that other party in the cause or matter; and

(b) requiring that other party to answer the interrogatories on affidavit within such period as may be specified in the order.

(2) An application under this rule shall be made by summons or by notice under Order 25, rule 10 and a copy of the proposed interrogatories shall be served with the summons or notice. (L.N. 153 of 2008)

(2A) On the hearing of an application under this rule, the Court shall give leave as to such only of the interrogatories as it considers necessary either for disposing fairly of the cause or matter or for savings costs; and in deciding whether to give leave the Court shall take into account any offer made by the party to be interrogated to give particulars, make admissions or produce documents relating to any matter in question. (L.N. 153 of 2008)

(3) A proposed interrogatory which does not relate to such a matter as is mentioned in paragraph (1) shall be disallowed notwithstanding that it might be admissible in oral cross-examination of a witness.

2. Interrogatories where party is a body of persons (O. 26, r. 2)

Where a party to a cause or matter is a body of persons, whether corporate or unincorporate, being a body which is empowered by law to sue or be sued whether in its own name or in the name of an officer or other person, the Court may, on the application of any other party, make an order allowing him to serve interrogatories on such officer or member of the body as may be specified in the order.

3A. Statement as to party, etc., required to answer (O. 26, r. 3A)

Where interrogatories are to be served on 2 or more parties or are required to be answered by an agent or servant of a party, a note at the end of the interrogatories shall state which of the interrogatories each party or, as the case may be, an agent or servant is required to answer, and which agent or servant.

5. Objections and insufficient answers (O. 26, r. 5)

(1)

Where a person objects to answering any interrogatory on the ground of privilege he may take the objection in his answer.

(2)

Where any person on whom ordered interrogatories have been served answers any of them insufficiently, the Court may make an order requiring him to make a further answer, either by affidavit or on oral examination as the Court may direct.

6. Failure to comply with order (O. 26, r. 6)

(1)

If a party against whom an order is made under rule 1 or 5(2) fails to comply with it, the Court may make such order as it thinks just including, in particular, an order that the action be dismissed or, as the case may be, an order that the defence be struck out and judgment be entered accordingly.

(2)

If a party against whom an order is made under rule 1 or 5(2) fails to comply with it, then, without prejudice to paragraph (1), he shall be liable to committal.

(3)

Service on a party's solicitor of an order to answer interrogatories made against the party shall be sufficient service to found an application for committal of the party disobeying the order, but the party may show in answer to the application that he had no notice or knowledge of the order.

(4)

A solicitor on whom an order to answer interrogatories made against his client is served and who fails without reasonable excuse to give notice thereof to his client shall be liable to committal.

1. Use of answers to interrogatories at trial (O. 26, r. 7)
2. A party may put in evidence at the trial of a cause or matter, or of any issue therein, some only of the answers to interrogatories, or part only of such an answer, without putting in evidence the other answers or, as the case may be, the whole of that answer, but the Court may look at the whole of the answers and if of opinion that any other answer or other part of an answer is so connected with an answer or part thereof used in evidence that the one ought not to be so used without the other, the Court may direct that that other answer or part shall be put in evidence.
1. Revocation and variation of orders (O. 26, r. 8)

Any order made under this Order (including an order made on appeal) may, on sufficient cause being shown, be revoked or varied by a subsequent order or direction of the Court made or given at or before the trial of the cause or matter in connection with which the original order was made.

Order:	27	ADMISSIONS	L.N. 153 of 2008; L.N. 18 of 2009	02/04/2009

1. Admission of case of other party (O. 27, r. 1)
2. Without prejudice to Order 18, rule 13, a party to a cause or matter may give notice, by his pleading or otherwise in writing, that he admits the truth of the whole or any part of the case of any other party.
1. Notice to admit (O. 27, r. 2)

(1)

A party to a cause or matter may, not later than the expiration of 21 days after the cause or matter is set down for trial, serve on any other party a notice requiring him to admit, for the purpose of that cause or matter only, such facts or such part of his case as may be specified in the notice. (L.N. 153 of 2008)

(2)

An admission made in compliance with a notice under this rule shall not be used against the party by whom it was made in any cause or matter other than the cause or matter for the purpose of which it was made or in favour of any person other than the person by whom the notice was given, and the Court may at any time allow a party to amend or withdraw an admission so made by him on such terms as may be just.

3. Judgment on admissions (O. 27, r. 3)

(1) Where admissions of fact or of part of a case are made by a party to a cause or matter either by his pleadings or otherwise, any other party to the cause or matter may apply to the Court for such judgment or order as upon those admissions he may be entitled to, without waiting for the determination of any other question between the parties, and the Court may give such judgment, or make such order, on the application as it thinks just.