高等法院規則（第4A章），1988, 香港 (特区)，中国, WIPO Lex

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汉语高等法院規則（第4A章），1988

英语 Rules of the High Court (Chapter 4A), 1988

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THE RULES OF THE HIGH COURT

Chapter: 4A THE RULES OF THE HIGH COURT Gazette Number Version Date

Empowering section 25 of 1998 01/07/1997

Remarks: Adaptation amendments retroactively made - see 25 of 1998 s. 2

THE RULES OF THE HIGH COURT (25 of 1998 s. 2)

(Cap 4, section 54)

[These rules (other than Order 75) } 1 May 1988 Order 75 } 24 February 1989 3 of 1989 s. 5]

(Originally L.N. 117 of 1988)

Order: 1 CITATION, APPLICATION, INTERPRETATION AND FORMS

5 of 2014 04/04/2014

Remarks: According to section 1 of the Rural Representative Election Legislation (Amendment) Ordinance 2014 (5 of 2014) ("the Amendment Ordinance"), the commencement provisions of the Amendment Ordinance are as follows-

(a) for all purposes relating to the elections of Resident Representatives, Indigenous Inhabitant Representatives and Kaifong Representatives in 2015—the Amendment Ordinance comes into operation on 4 April 2014; and

(b) in so far as it has not come into operation under paragraph (a)—the Amendment Ordinance comes into operation on 1 April 2015.

PRELIMINARY

1. Citation (O. 1, r. 1)

These rules may be cited as the Rules of the High Court. (25 of 1998 s. 2)

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

(1) Subject to the following provisions of this rule, these rules shall have effect in relation to all proceedings in the High Court.

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

TABLE

Proceedings Enactments

1. Bankruptcy proceedings. Bankruptcy Ordinance (Cap 6), section 113. 2. Proceeding relating to the winding-up of Companies (Winding Up and Miscellaneous

companies. Provisions) Ordinance (Cap 32), section 296. (28 of 2012 ss. 912 & 920)

2A. Proceedings relating to remedies for unfair Companies Ordinance (Cap 622), section 727. prejudice to members’ interests. (28 of 2012 ss. 912 & 920)

Cap 4A - THE RULES OF THE HIGH COURT 1

3. Non-contentious or common form probate Probate and Administration Ordinance (Cap 10), proceedings. section 72.

4. Proceedings in the Court when acting as a Prize Prize Courts Act 1894, section 3. Court.

5. (Repealed 81 of 1997 s. 59) 6. Matrimonial proceedings. Matrimonial Causes Ordinance (Cap 179),

sections 10 and 54; Matrimonial Proceedings and Property Ordinance (Cap 192), section 32. (20 of 2010 s. 5)

(HK)7. Adoption proceedings. Adoption Ordinance (Cap 290), section 12. (HK)8. Proceedings under the Domestic and Cohabitation Domestic and Cohabitation Relationships

Relationships Violence Ordinance (Cap 189). Violence Ordinance (Cap 189), section 8. (18 of 2009 s. 18)

(3) These rules shall not have effect in relation to any criminal proceedings other than any criminal proceedings to which Order 53, Order 59, Order 62, Order 70, Order 115, Order 115A, Order 116, Order 117, Order 117A, Order 118 or Order 119 applies. (L.N. 282 of 1989; L.N. 403 of 1992; L.N. 156 of 1995; L.N. 242 of 1996; L.N. 222 of 1997; L.N. 152 of 2008; L.N. 186 of 2009)

(4) In the case of the proceedings mentioned in paragraphs (2) 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 High Court or any provisions thereof are applied in relation to any of those proceedings.

(5) These rules do not have effect in relation to an election petition lodged under an enactment specified in the first column of the following Table, except to the extent that the practice and procedure of the High Court are applied to that election petition by virtue of an enactment specified in the second column of the Table-

TABLE

1. Legislative Council Ordinance (Cap Legislative Council (Election Petition) Rules (Cap 542 542), Part 7. sub. leg. F), rule 2.

2. District Councils Ordinance (Cap 547), District Councils (Election Petition) Rules (Cap 547 sub. Part V. leg. C), rule 2.

3. Chief Executive Election Ordinance Chief Executive Election (Election Petition) Rules (Cap (Cap 569), Part 6. 569 sub. leg. E), section 3.

4. Rural Representative Election Rural Representative (Election Petition) Rules (Cap 576 Ordinance (Cap 576), Part 5. sub. leg. B), section 2. (5 of 2014 s. 2)

(L.N. 152 of 2008) (25 of 1998 s. 2; E.R. 2 of 2012)

3. Application of Interpretation and General Clauses Ordinance (O. 1, r. 3)

The Interpretation and General Clauses Ordinance (Cap 1) shall apply for the interpretation of these rules as it applies to subsidiary legislation made after the commencement of that Ordinance.

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- "aided person" (受助人) means an aided person within the meaning of the Legal Aid Ordinance (Cap 91); (L.N. 152

of 2008) "Amendment Rules 2008" (《2008年修訂規則》) means the Rules of the High Court (Amendment) Rules 2008

(L.N. 152 of 2008); (L.N. 152 of 2008) "an 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

Cap 4A - THE RULES OF THE HIGH COURT 2

"personal injuries" (人身傷害) includes any disease and any impairment of a person's physical or mental condition;

(HK) "bailiff" (執達主任) means a bailiff of the Court and any person lawfully authorized to execute the process of the Court;

"cause book" (訟案登記冊) means the book or other record kept in the Registry in which the letter and number of, and other details relating to, a cause or matter are entered; (L.N. 275 of 1998)

(HK) "Full Bench" (合議庭) means a Bench consisting of 2 or more Judges of the Court of First Instance; (25 of 1998 s. 2)

"judgment rate" (判定利率) means the rate of interest determined by the Chief Justice under section 49(1)(b) of the Ordinance; (18 of 2003 s. 12)

"master" (聆案官) means a master of the High Court and includes the Registrar of the High Court and a Senior Deputy Registrar, Deputy Registrar or Assistant Registrar of the High Court; (L.N. 99 of 1993; 25 of 1998 s. 2; 10 of 2005 s. 165)

(HK) "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 High Court; (25 of 1998 s. 2) "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 petition, 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. 152 of 2008)

"probate action" (遺囑認證訴訟) has the meaning assigned to it by Order 76; "receiver" (接管人) includes a manager or consignee; (HK) "Registrar" (司法常務官) means the Registrar of the High Court; and includes a Senior Deputy Registrar,

Deputy Registrar or Assistant Registrar of the High Court; (25 of 1998 s. 2; 10 of 2005 s. 165) (HK) "Registry" (登記處) means the Registry of the High Court; (25 of 1998 s. 2) (HK) "the Ordinance" (本條例) means the High Court Ordinance (Cap 4); (25 of 1998 s. 2) "vacation" (休庭期) means the interval between sittings of the High Court as prescribed by Order 64; (25 of 1998 s.

2) "writ" (令狀) means a writ of summons; (HK) "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. 152 of 2008) (2) In these rules, unless the context otherwise requires, "the Court" (法院、法庭) means the Court of First

Instance or any one or more of the judges 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 11 by virtue of which the authority and jurisdiction of the Registrar is defined and regulated. (25 of 1998 s. 2)

(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.

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 sub-paragraph is a reference to that rule of the Order, that paragraph of the rule, or that sub-paragraph 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

Cap 4A - THE RULES OF THE HIGH COURT 3

thing done 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.

(29 of 1998 s. 105)

(HK)7A. Construction of references to Registrar (O. 1, r. 7A)

(HK) Wherever the word "Registrar" appears in these rules and forms there may be substituted the word "Master" when and where appropriate.

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

(1) The forms in the Appendices shall be used where applicable with such variations as the circumstances of the particular case require.

10. 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.

(Enacted 1988)

Order: 1A OBJECTIVES L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

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

Cap 4A - THE RULES OF THE HIGH COURT 4

rights of the parties.

3. Duty of the parties and their legal representatives (O. 1A, r. 3)

The parties to any proceedings and their legal representatives shall assist the Court to further the underlying objectives of these rules.

4. 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. (2) Active case management includes-

(a) encouraging the parties to co-operate with each other in the conduct of the proceedings; (b) identifying the issues at an early stage; (c) deciding promptly which issues need full investigation and trial and accordingly disposing summarily

of the others; (d) deciding the order in which the issues are to be resolved; (e) encouraging the parties to use an alternative dispute resolution procedure if the Court considers that

appropriate, and facilitating the use of such a procedure; (f) helping the parties to settle the whole or part of the case; (g) fixing timetables or otherwise controlling the progress of the case; (h) considering whether the likely benefits of taking a particular step justify the cost of taking it; (i) dealing with as many aspects of the case as practicable on the same occasion; (j) dealing with the case without the parties needing to attend at court; (k) making use of technology; and (l) giving directions to ensure that the trial of a case proceeds quickly and efficiently.

(L.N. 152 of 2008)

Order: 1B CASE MANAGEMENT POWERS L.N. 152 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-

Cap 4A - THE RULES OF THE HIGH COURT 5

(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. 152 of 2008)

Order: 2 EFFECT OF NON-COMPLIANCE L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

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.

Cap 4A - THE RULES OF THE HIGH COURT 6

(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. 152 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 or notice of motion and the grounds of objection must be stated in the summons or notice of motion. (L.N. 152 of 2008)

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. 152 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. 152 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. 152 of 2008)

(Enacted 1988)

Order: 3 TIME 35 of 1998 18/09/1998

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

Cap 4A - THE RULES OF THE HIGH COURT 7

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 High Court, means a calendar month unless the context otherwise requires.

(25 of 1998 s. 2)

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 the following provisions of 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). (35 of 1998 s. 5)

3. Summer Vacation excluded from time for service, etc., of pleadings (O. 3, r. 3)

Unless the Court otherwise directs, the period of the Summer Vacation shall be excluded in reckoning any period prescribed by these rules or by any order or direction for serving, filing or amending any pleading.

4. Time expires on Sunday, etc. (O. 3, r. 4)

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.

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.

(4) In this rule references to the Court shall be construed as including references to the Court of Appeal and a single judge of that Court.

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. (Enacted 1988)

Cap 4A - THE RULES OF THE HIGH COURT 8

Order: 4 ASSIGNMENT, TRANSFER AND CONSOLIDATION OF PROCEEDINGS

25 of 1998 01/07/1997

Remarks: Adaptation amendments retroactively made - see 25 of 1998 s. 2

COMMENCEMENT AND PROGRESS OF PROCEEDINGS

2. Companies (O. 4, r. 2)

Where an order has been made by the Court for the winding-up of a company, all proceedings in chambers in any action against that company at the instance or on behalf of debenture holders shall be dealt with by an officer of the Court of First Instance who is a registrar within the meaning of any rules for the time being in force relating to the winding-up of companies.

(25 of 1998 s. 2)

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

(1) Where two 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 two 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.

(Enacted 1988)

Order: 5 MODE OF BEGINNING CIVIL PROCEEDINGS IN THE COURT OF FIRST INSTANCE

L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

MODE OF BEGINNING CIVIL PROCEEDINGS IN THE COURT OF FIRST INSTANCE

(25 of 1998 s. 2)

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

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

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

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

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

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

(2) Proceedings-

Cap 4A - THE RULES OF THE HIGH COURT 9

_____________________________________________________________________

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

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

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

Proceedings may be begun by originating motion or petition if, but only if, under any written law the proceedings in question are required or authorized to be so begun.

(L.N. 152 of 2008)

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

(1) Subject to paragraph (2) and to Order 80, rule 2, any person (whether or not he sues as a trustee or personal representative, or in any other representative capacity) may begin and carry on proceedings in the High Court by a solicitor or in person. (25 of 1998 s. 2)

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

(a) as expressly provided by or under any enactment; or (b) where leave is given under paragraph (3) for it to be represented by one of its directors.

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

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

(4) No appeal shall lie from an order of the Registrar under paragraph (3) giving or refusing leave. (5) Leave given by a Registrar under paragraph (3) may be revoked by the Court at any time. (6) No appeal shall lie from an order of the Court revoking leave given by a Registrar.

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

Any civil proceedings begun by originating motion or petition before the commencement* of the Amendment Rules 2008 and pending immediately before the commencement may be continued and disposed of as if rule 16 of the Amendment Rules 2008 had not been made.

(L.N. 152 of 2008) (Enacted 1988)

Note: * Commencement date: 2 April 2009.

Order: 6 WRITS OF SUMMONS: GENERAL PROVISIONS L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

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

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

Cap 4A - THE RULES OF THE HIGH COURT 10

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

(1) Before a writ is issued it must be indorsed- (a) with a statement of claim or, if the statement of claim is not indorsed on the writ, with a concise

statement of the nature of the claim made or the relief or remedy required in the action begun thereby; (b) where the claim made by the plaintiff is for a debt or liquidated demand only, with a statement of the

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

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

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

Before a writ is issued it must be indorsed- (a) where the plaintiff sues in a representative capacity, with a statement of the capacity in which he sues; (b) where a defendant is sued in a representative capacity, with a statement of the capacity in which he is

sued.

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

(1) Before a writ is issued it must be indorsed- (a) where the plaintiff sues by a solicitor, with the plaintiff's address and the solicitor's name or firm and a

business address of his within the jurisdiction and also (if the solicitor is the agent of another) the name or firm and business address of his principal;

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

(2) The address for service of a plaintiff shall be- (a) where he sues by a solicitor, the business address to which may be added a numbered box at a

document exchange of the solicitor indorsed on the writ; (b) where he sues in person, the address within the jurisdiction indorsed on the writ.

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

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

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

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

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

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

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

(1) No writ which is to be served out of the jurisdiction shall be issued without the leave of the Court: Provided that if every claim made by a writ is one which by virtue of any written law the Court of First Instance

has power to hear and determine notwithstanding that the person against whom the claim is made is not within the

Cap 4A - THE RULES OF THE HIGH COURT 11

jurisdiction of the Court or that the wrongful act, neglect or default giving rise to the claim did not take place within its jurisdiction, the foregoing provision shall not apply to the writ. (25 of 1998 s. 2)

(3) Issue of a writ takes place upon its being sealed by an officer of the Registry. (4) The officer by whom a concurrent writ is sealed must mark it as a concurrent writ with an official stamp. (5) No writ shall be sealed unless at the time of the tender thereof for sealing the person tendering it leaves at

the office at which it is tendered a copy thereof signed, where the plaintiff sues in person, by him or, where he does not so sue, by or on behalf of his solicitor.

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

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

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

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

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

(Enacted 1988)

Order: 7 ORIGINATING SUMMONS: GENERAL PROVISIONS L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

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

2. Form of summons, etc. (O. 7, r. 2)

(1) Every originating summons (other than an ex parte summons) shall be in Form No. 8 or, if so authorized or required, in Form No. 10 in Appendix A, and every ex parte originating summons shall be in Form No. 11 in Appendix A.

(1A)Form No. 8 in Appendix A is to be used in all cases except where another form is prescribed under a written law or there is no party on whom the summons is to be served. (L.N. 152 of 2008)

(1B) Form No. 10 in Appendix A is to be used if it is prescribed under a written law. (L.N. 152 of 2008) (1C) Form No. 11 in Appendix A is to be used if there is no party on whom the summons is to be served. (L.N.

152 of 2008) (2) The party taking out an originating summons (other than an ex parte summons) shall be described as a

plaintiff, and the other parties shall be described as defendants. (3) This rule is subject to Order 53, rule 5(1) and Order 54, rule 2(3). (L.N. 152 of 2008)

3. Contents of summons (O. 7, r. 3)

(1) Every originating summons must include a statement of the questions on which the plaintiff seeks the determination or direction of the Court of First Instance or, as the case may be, a concise statement of the relief or remedy claimed in the proceedings begun by the originating summons with sufficient particulars to identify the cause or causes of action in respect of which the plaintiff claims that relief or remedy. (25 of 1998 s. 2)

(2) Order 6, rules 3 and 5, shall apply in relation to an originating summons as they apply in relation to a writ.

Cap 4A - THE RULES OF THE HIGH COURT 12

4. Concurrent summons (O. 7, r. 4)

Order 6, rule 6, shall apply in relation to an originating summons as it applies in relation to a writ.

5. Issue of summons (O. 7, r. 5)

(1) An originating summons shall be issued out of the Registry. (3) Order 6, rule 7 (except paragraph (2)), shall apply in relation to an originating summons as it applies in

relation to a writ.

6. Duration and renewal of summons (O. 7, r. 6)

Order 6, rule 8, shall apply in relation to an originating summons as it applies in relation to a writ.

7. Ex parte originating summonses (O. 7, r. 7)

(1) Rules 2(1) and (1C), 3(1), and 5(1) shall, so far as applicable, apply to ex parte originating summonses; but, save as aforesaid, the foregoing rules of this Order shall not apply to ex parte originating summonses. (L.N. 152 of 2008)

(2) Order 6, rule 7(3) and (5), shall, with the necessary modifications, apply in relation to an ex parte originating summons as they apply in relation to a writ.

(Enacted 1988)

Order: 8 ORIGINATING AND OTHER MOTIONS: GENERAL PROVISIONS

L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

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.

(L.N. 152 of 2008)

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 on such terms as to costs or otherwise, and subject to such undertaking, if any, as it thinks just; and any party affected by such order may apply to the Court to set it aside.

(2) 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.

Where leave has been given under rule 2(2) to serve short notice of motion, that fact must be stated in the notice. (2) The notice of a motion must include a concise statement of the nature of the claim made or the relief or

remedy required. (3) Order 6, rule 5, shall, with the necessary modifications, apply in relation to notice of an originating motion

as it applies in relation to a writ. (4) The notice of an originating motion by which proceedings are begun must be issued out of the Registry.

Cap 4A - THE RULES OF THE HIGH COURT 13

_________________________________________________________________________________________

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

4. Service of notice of motion with writ, etc. (O. 8, r. 4)

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 such writ or summons, whether or not the defendant has acknowledged service in the action.

5. 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.

6. Transitional provision relating to originating and other motions (O. 8, r. 6)

Where, immediately before the commencement* of the Amendment Rules 2008, an application, request or appeal by motion or originating motion made under a provision amended by Part 5 of the Amendment Rules 2008 is pending, then the application, request or appeal is to be determined as if that provision had not been so amended.

(L.N. 152 of 2008) (Enacted 1988)

Note: * Commencement day: 2 April 2009.

Order: 9 PETITIONS: GENERAL PROVISIONS L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

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

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

(L.N. 152 of 2008)

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

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

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

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

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

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

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

(1) A day and time for the hearing of a petition which is required to be heard shall be fixed by the Registrar. (2) Unless the Court otherwise directs, a petition which is required to be served on any person must be served

on him not less than seven days before the day fixed for the hearing of the petition.

5. Certain applications not to be

Cap 4A - THE RULES OF THE HIGH COURT 14

made by petition (O. 9, r. 5)

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

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

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

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

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

(4) No appeal shall lie from an order of the Registrar under paragraph (3) giving or refusing leave. (5) The Court may at any time revoke the leave given by a Registrar under paragraph (3). (6) No appeal shall lie from an order of the Court revoking leave given by a Registrar.

(L.N. 108 of 2002) (Enacted 1988)

Order: 10 SERVICE OF ORIGINATING PROCESS: GENERAL PROVISIONS

L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

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. (L.N. 404 of 1991) (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 indorses 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 indorsement 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 High 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

Cap 4A - THE RULES OF THE HIGH COURT 15

and its number have been entered. (25 of 1998 s. 2) (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 of First Instance shall have jurisdiction to hear

and determine any action in respect of a contract or, apart from any such term, the Court of First Instance has jurisdiction to hear and determine any such action, and (25 of 1998 s. 2)

(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.

(HK)(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.

Cap 4A - THE RULES OF THE HIGH COURT 16

5. Service of originating summons, notice of motion, or petition (O. 10, r. 5)

(1) The foregoing rules of this Order shall apply, with any necessary modifications, in relation to an originating summons (other than 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. 152 of 2008)

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

(Enacted 1988)

Order: 11 SERVICE OF PROCESS, ETC., OUT OF THE JURISDICTION

L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

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) of this rule 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- (L.N. 363 of 1990)

(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 of First Instance shall have jurisdiction to hear and

determine any action in respect of the contract; (25 of 1998 s. 2) (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;

(l) the claim is brought in a probate action within the meaning of Order 76; (m) the claim is brought to enforce any judgment or arbitral award;

Cap 4A - THE RULES OF THE HIGH COURT 17

(n) the claim is brought under the Carriage by Air Ordinance (Cap 500). (13 of 1997 s. 20) (o) (Repealed L.N. 296 of 1996) (oa) the claim is made under the Mutual Legal Assistance in Criminal Matters Ordinance (Cap 525); (87 of

1997 s. 36) (ob) the claim is for an order for the costs of and incidental to a dispute under section 52B(2) of the

Ordinance; (L.N. 152 of 2008) (oc) the claim is for interim relief or appointment of a receiver under section 21M(1) of the Ordinance;

(L.N. 152 of 2008) (od) the claim is for a costs order under section 52A(2) of the Ordinance against a person who is not a party

to the relevant proceedings; (L.N. 152 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. (L.N. 404 of 1991)

(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 of First Instance has power to hear and determine notwithstanding that the person against whom the claim is made is not within the jurisdiction of the Court or that the wrongful act, neglect or default giving rise to the claim did not take place within its jurisdiction. (25 of 1998 s. 2)

(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-

(a) to enforce a claim for damage, loss of life or personal injury arising out of- (i) a collision between ships; (ii) the carrying out of or omission to carry out a manoeuvre in the case of one or more of 2 or more

ships; or (iii) non-compliance, on the part of one or more of 2 or more ships, with the regulations made under

section 93, 100 or 107 of the Merchant Shipping (Safety) Ordinance (Cap 369); (b) for the limitation of liability in a limitation action as defined in Order 75, rule 1(2); or (c) to enforce a claim under section 1 of the Merchant Shipping (Oil Pollution) Act 1971 (1971 c. 59

U.K.) or section 4 of the Merchant Shipping Act 1974 (1974 c. 43 U.K.)⊕. (L.N. 363 of 1990)

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(l) 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(l), (4) and (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, rule 5A or any order or direction of the Court made by virtue of it shall authorize or

Cap 4A - THE RULES OF THE HIGH COURT 18

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. (L.N. 39 of 1999)

(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, rule

6 or rule 7. (L.N. 39 of 1999) (5) An official certificate stating that a writ as regards which rule 5A or rule 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 British 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. (L.N. 39 of 1999) (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. (L.N. 362 of 1997) (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" 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 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.

(L.N. 39 of 1999)

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

(1) Save where a writ is to be served pursuant to paragraph (2A) this rule does not apply to service in- (HK)(a) The United Kingdom of Great Britain, Northern Ireland, the Channel Islands and the Isle of Man;

(b) any independent Commonwealth country; (HK)(c) any British protectorate; (HK)(d) any British colony;

(e) the Republic of Ireland. (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

Cap 4A - THE RULES OF THE HIGH COURT 19

country of process of the Court, the writ may be served- (a) through the judicial authorities of that country; or (b) through a British 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 British 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 of First Instance, the writ may be served- (25 of 1998 s. 2)

(a) through the government of that country, where that government is willing to effect service; or (b) through a British 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 British consular authority on a British subject, 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 qualification for making the translation.

(7) Documents duly lodged under paragraph (4) shall be sent by the Registrar to the Chief Secretary for Administration with a request that he arrange for the writ to be served by the method indicated in the request lodged under paragraph (4) or, where alternative methods are so indicated, by such one of those methods as is most convenient. (L.N. 362 of 1997)

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 State, as defined in section 14 of the State Immunity Act 1978 (1978 c. 33 U.K.), wishes to have the writ served on that State, he must lodge in the Registry-

(a) a request for service to be arranged by the Chief Secretary for Administration; and (L.N. 362 of 1997) (b) a copy of the writ; and (c) except where the official language of the State 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 the State. (2) Rule 6(6) shall apply in relation to a translation lodged under paragraph (1) of this rule 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 to the Chief Secretary for

Administration with a request that the Chief Secretary for Administration arrange for the writ to be served on the State or the government in question, as the case may be. (L.N. 362 of 1997)

(4) Where section 12(6) of the State Immunity Act 1978 (1978 c. 33 U.K.) applies and the 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)

Cap 4A - THE RULES OF THE HIGH COURT 20

______________________________________________________________________________

(HK)(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 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- (13 of 1997 s. 20; 22 of 2005 s. 26)

(a) a request for service 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, as may be appropriate. (22 of 2005 s. 26)

(2) Rule 6(6) shall apply in relation to a translation lodged under paragraph (1) of this rule 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 to the Chief Secretary for Administration with a request that the Chief Secretary for Administration arrange for the writ to be served on the High Contracting Party or State Party. (22 of 2005 s. 26)

(L.N. 362 of 1997)

8. Undertaking to pay expenses of service by the Chief Secretary for Administration (O. 11, r. 8)

Every request lodged under rule 6(4), rule 7 or rule 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.

(L.N. 362 of 1997)

8A. Undertaking to pay expenses of service by the Registrar (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 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.

(L.N. 39 of 1999)

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

(1) Subject to Order 73, rule 7, rule 1 of this Order 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.

(4) Subject to Order 73, rule 7, 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.

(5) Rule 4(1), (2) and (3) 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 out of the jurisdiction an originating summons 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. (L.N. 39 of 1999)

(Enacted 1988)

Note: ⊕

Please also see following-

Cap 4A - THE RULES OF THE HIGH COURT 21

(a) in relation to the Merchant Shipping Act 1894, Part 3 of Schedule 5 to Cap 415 and s. 1 of Schedule 2 to Cap 508;

(b) in relation to the Merchant Shipping Acts 1894 to 1979, s. 117 of Cap 281, s. 103 of Cap 415 and s. 142 of Cap 478.

Order: 12 ACKNOWLEDGMENT OF SERVICE OF WRIT OR ORIGINATING SUMMONS

L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

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 defend the action by a solicitor or in person.

(2) The defendant to such an action who 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 but, except as expressly provided by or under any enactment or where leave is given under paragraph (2A) for such defendant to be represented by one of its directors, such defendant may not take any further step in the action otherwise than by a solicitor.

(2A)(a) An application by a body corporate for leave to be represented by one of its directors shall be made ex parte to a Registrar and supported by an affidavit, made by the director and filed with the application, stating and verifying the reasons why leave should be given for the body corporate to be represented by the director. (L.N. 103 of 1994; L.N. 108 of 2002)

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

(2B) No appeal shall lie from an order of the Registrar under paragraph (2A) giving or refusing leave. (2C) Leave given by a Registrar under paragraph (2A) may be revoked by the Court at any time. (2D)No appeal shall lie from an order of the Court revoking leave given by a Registrar. (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 two 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. (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. 152 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 sub- paragraph (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 sub-paragraph (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

Cap 4A - THE RULES OF THE HIGH COURT 22

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;

(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 fourteen 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.

7. Acknowledgment not to constitute waiver (O. 12, r. 7)

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.

8. 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

Cap 4A - THE RULES OF THE HIGH COURT 23

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. 152 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.

152 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. 152 of 2008)

(3) An application under paragraph (1) or (2) must be made by summons and the summons must state the grounds of the application. (L.N. 152 of 2008)

(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. 152 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. 152 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)

Cap 4A - THE RULES OF THE HIGH COURT 24

_________________________________________________________________________________________

(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 or an application under Order 121) 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 or an application under Order 121) 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).

(L.N. 119 of 1998)

10. Acknowledgment of service to be treated as entry of appearance (O. 12, r. 10)

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 of First Instance, 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.

(25 of 1998 s. 2)

11. Transitional provision relating to rule 86 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 86 of the Amendment Rules 2008 had not been made.

(L.N. 152 of 2008) (Enacted 1988)

Note: * Commencement day: 2 April 2009.

Order: 13 FAILURE TO GIVE NOTICE OF INTENTION TO DEFEND

L.N. 362 of 1997; 25 of 1998

01/07/1997

Remarks: Adaptation amendments retroactively made - see 25 of 1998 s. 2

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 App. 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 48 of the Ordinance at a rate which is not higher than that payable on judgment debts at the date of the writ.

2. Claim for unliquidated damages (O. 13, r. 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 App. A. Form 40)

3. Claim for detention of goods (O. 13, r. 3)

Cap 4A - THE RULES OF THE HIGH COURT 25

(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 App. 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 App. 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 two 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.

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.

(3) (Repealed L.N. 99 of 1993)

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-

Cap 4A - THE RULES OF THE HIGH COURT 26

(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 State, as defined in section 14 of the State Immunity Act 1978 (1978 c. 33 U.K.) ("the Act"), the plaintiff shall not be entitled to enter judgment under this Order except with the leave of the Court.

(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 the immunity conferred by section 1 of the

Act, and (c) verifying that the writ has been served by being transmitted to the Chief Secretary for Administration

and by him to the Foreign and Commonwealth Office 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, as extended by section 12(2) of the Act (by two months) where applicable, has expired. (L.N. 362 of 1997)

(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 the rule shall be the same as for the service of the writ under Order 11, rule 7(1), except where section 12(6) of the Act applies and an alternative method of service has been agreed,

8. Stay of execution on default judgment (O. 13, r. 8)

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,

Cap 4A - THE RULES OF THE HIGH COURT 27

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.

9. 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.

(Enacted 1988)

Order: 13A ADMISSIONS IN CLAIMS FOR PAYMENT OF MONEY

L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

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

(1) In this Order- "claim" (申索) means-

(a) where in an action the plaintiff makes only one claim, that claim; and (b) where in an action the plaintiff makes more than one claim, all the claims in the action.

(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. Making an admission (O. 13A, r. 2)

(1) Where the only remedy that a plaintiff is seeking is the payment of money, the defendant may make an admission in accordance with-

(a) rule 4 (admission of whole of claim for liquidated amount of money); (b) rule 5 (admission of part of claim for liquidated amount of money); (c) rule 6 (admission of liability to pay whole of claim for unliquidated amount of money); or (d) rule 7 (admission of liability to pay claim for unliquidated amount of money where defendant offers a

sum in satisfaction of the claim). (2) Where the defendant makes an admission as mentioned in paragraph (1), the plaintiff may enter judgment

except where- (a) the defendant is a person under disability; or (b) the plaintiff is a person under disability and the admission is made under rule 5 or 7.

(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.

(4) In this rule, "person under disability" (無行為能力的人) has the meaning assigned to it in Order 80, rule 1.

3. Period for making admission (O. 13A, r. 3)

(1) The period for filing and serving an admission under rule 4, 5, 6 or 7 is- (a) where the defendant is served with a writ, the period fixed by or under these rules for service of his

defence; (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 (c) in any other case, 14 days after service of the originating process.

(2) A defendant may file an admission under rule 4, 5, 6 or 7- (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

Cap 4A - THE RULES OF THE HIGH COURT 28

(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.

(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.

4. Admission of whole of claim for liquidated amount of money (O. 13A, r. 4)

(1) This rule applies where- (a) the only remedy that the plaintiff is seeking is the payment of a liquidated amount of money; and (b) the defendant admits the whole of the claim.

(2) The defendant may admit the claim by- (a) filing in the Registry an admission in Form No. 16 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. 16A in Appendix A and, if he does so-

(a) where the defendant has not requested time to pay, paragraphs (5), (6) and (7) apply; (b) where the defendant has requested time to pay, rule 9 applies.

(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) 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.

(6) Upon receipt of the request for judgment, the Court shall enter judgment. (7) Judgment shall be for the amount of the claim (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.

5. Admission of part of claim for liquidated amount of money (O. 13A, r. 5)

(1) This rule applies where- (a) the only remedy that the plaintiff is seeking is the payment of a liquidated amount of money; and (b) the defendant admits part of the claim in satisfaction of the whole claim.

(2) The defendant may admit part of the claim by- (a) filing in the Registry an admission in Form No. 16 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. 16B in Appendix A, stating that-

(i) he accepts the amount admitted in satisfaction of the whole claim; (ii) he does not accept the amount admitted by the defendant and wishes the proceedings to continue;

or (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 (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 whole claim is stayed until he files the notice.

(5) 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-

(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-

Cap 4A - THE RULES OF THE HIGH COURT 29

(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 admitted (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.

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-

Cap 4A - THE RULES OF THE HIGH COURT 30

(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)

Cap 4A - THE RULES OF THE HIGH COURT 31

(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 48 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.

Cap 4A - THE RULES OF THE HIGH COURT 32

_________________________________________________________________________________________ (L.N. 152 of 2008)

Note: * Commencement day: 2 April 2009.

Order: 14 SUMMARY JUDGMENT L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

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, (b) an action which includes a claim by the plaintiff based on an allegation of fraud, or (c) an Admiralty action in rem.

(3) This Order shall not apply to an action to which Order 86 or Order 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 App. 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

Cap 4A - THE RULES OF THE HIGH COURT 33

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 2 to 7, shall, with the omission of so much of rule 7(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. 152 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 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.

Cap 4A - THE RULES OF THE HIGH COURT 34

9. Judgment for delivery up of chattel (O. 14, r. 9)

Where the claim to which an application under rule 1 or rule 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.

10. Relief against forfeiture (O. 14, r. 10)

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.

11. 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 rule 5 may be set aside or varied by the Court on such terms as it thinks just.

(Enacted 1988)

Order: 14A DISPOSAL OF CASE ON POINT OF LAW L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

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.

(L.N. 165 of 1992; L.N. 152 of 2008)

Order: 15 CAUSES OF ACTION, COUNTERCLAIMS AND PARTIES

L.N. 362 of 1997; 25 of 1998

01/07/1997

Remarks: Adaptation amendments retroactively made - see 25 of 1998 s. 2

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

Cap 4A - THE RULES OF THE HIGH COURT 35

(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 to an action who makes a counter-claim 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 counter-claim 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), Order 10, Order 11, Orders 12 and 13 and Order 75, rule 4, shall, subject to the last foregoing paragraph, 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

Cap 4A - THE RULES OF THE HIGH COURT 36

relation to the counterclaim and the proceedings arising therefrom, as if the party against whom the counterclaim is made were the plaintiff in the action. (L.N. 363 of 1990)

(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.

(L.N. 404 of 1991)

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

(1) Subject to rule 5(1), two 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.

This paragraph shall not apply to a probate action. (HK)(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 two or more causes of action are included by a plaintiff in the same action or by a defendant in a counterclaim, or if two 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. (L.N. 167 of 1994)

(2) Subject to the provision of 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.

Cap 4A - THE RULES OF THE HIGH COURT 37

(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 (L.N. 362 of 1997) (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. (L.N. 363 of 1990)

(4) In any such action as is referred to in paragraph (1) or (3)- (a) the plaintiff shall, and the defendant, the personal representatives 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 of the proceedings, and in either case for an order that the proceedings be carried on by or against the person so appointed or, as the case may be, by or against the personal representative, as if he had been substituted for the estate; (L.N. 363 of 1990)

(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 sub-paragraph (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

Cap 4A - THE RULES OF THE HIGH COURT 38

proceedings. (L.N. 363 of 1990; L.N. 375 of 1991) (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. (L.N. 363 of 1990)

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. (L.N. 404 of 1991)

(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. (L.N. 404 of 1991)

(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

Cap 4A - THE RULES OF THE HIGH COURT 39

(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 the foregoing provision 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) The foregoing provisions of this rule shall apply in relation to an action begun by originating summons as they apply 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).

10A. (Repealed L.N. 127 of 1995)

11. Relator actions (O. 15, r. 11)

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.

12. 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

Cap 4A - THE RULES OF THE HIGH COURT 40

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

Cap 4A - THE RULES OF THE HIGH COURT 41

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.

(L.N. 404 of 1991)

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.

16. Declaratory judgment (O. 15, r. 16)

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.

17. 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. (Enacted 1988)

Order: 16 THIRD PARTY AND SIMILAR PROCEEDINGS L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

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

Cap 4A - THE RULES OF THE HIGH COURT 42

(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) 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 the foregoing provisions of this rule, the following provisions of these rules, namely, Order 6,

rule 7(3) and (5), Order 10, Order 11, Order 12 and Order 75, rule 4, 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

Cap 4A - THE RULES OF THE HIGH COURT 43

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 paragraph (2) on such terms (if any) as it thinks just.

6. Setting aside third party proceedings (O. 16, r. 6)

Proceedings on a third party notice may, at any stage of the proceedings, be set aside by the Court.

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. (L.N. 152 of 2008)

(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)

Cap 4A - THE RULES OF THE HIGH COURT 44

(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 rule 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, the foregoing provisions of 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.

(Enacted 1988)

Cap 4A - THE RULES OF THE HIGH COURT 45

Order: 17 INTERPLEADER L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

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 two or more persons making adverse claims thereto, or

(b) 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 liability as mentioned in sub-paragraph (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 of First Instance.

(25 of 1998 s. 2)

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. 152 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.

Cap 4A - THE RULES OF THE HIGH COURT 46

(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.

7. Power to stay proceedings (O. 17, r. 7)

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.

8. Other powers (O. 17, r. 8)

Subject to the foregoing rules of 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.

9. One order in several causes or matters (O. 17, r. 9)

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.

10. Discovery (O. 17, r. 10)

Cap 4A - THE RULES OF THE HIGH COURT 47

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.

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.

(Enacted 1988)

Order: 18 PLEADINGS L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

1. Service of statement of claim (O. 18, r. 1)

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 two 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.

2. 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. 383 of 1996)

(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. 383 of 1996)

(L.N. 152 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. 152 of 2008)

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

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

Cap 4A - THE RULES OF THE HIGH COURT 48

5. Service of pleadings in Summer Vacation (O. 18, r. 5)

Pleadings or amended pleadings shall not be served during the Summer Vacation, except with the leave of the Court or with the consent of all the parties to the action.

(HK)5A. Filing of pleadings and originating process (O. 18, r. 5A)

(1) Subject to Order 3, rule 5(3) and subject to the provisions of 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 the provisions of 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: matter 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

Cap 4A - THE RULES OF THE HIGH COURT 49

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 48 of the Ordinance or otherwise.

9. Matter may be pleaded whenever arising (O. 18, r. 9)

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.

10. Departure (O. 18, r. 10)

(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.

11. Points of law may be pleaded (O. 18, r. 11)

A party may by his pleading raise any point of law.

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

Cap 4A - THE RULES OF THE HIGH COURT 50

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 (L.N. 404 of 1991)

(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. (L.N. 404 of 1991)

(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. (L.N. 404 of 1991)

(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 requirement of paragraph

(1A) or staying the proceedings.) (L.N. 404 of 1991) (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). (L.N. 404 of 1991) (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. 152 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. 152 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. 152 of 2008)

Cap 4A - THE RULES OF THE HIGH COURT 51

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

(1) Subject to paragraph (6), 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. (L.N. 403 of 1992; L.N. 152 of 2008)

(2) Subject to paragraph (5), a traverse may be made either by a denial or by a statement of non-admission and either expressly or by necessary implication. (L.N. 152 of 2008)

(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. (L.N. 403 of 1992)

(4) (Repealed L.N. 403 of 1992) (5) 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. 152 of 2008) (6) 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. 152 of 2008)

14. Non-admission by joinder of issue (O. 18, r. 14) (L.N. 152 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 expressed joinder of issue unless, in the case of an expressed joinder of issue, any such allegation is excepted from the joinder and is stated to be admitted, in which case the expressed joinder of issue operates as a non-admission of every other such allegation. (L.N. 152 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.

16. Defence of tender (O. 18, r. 16)

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.

17. Defence of set-off (O. 18, r. 17)

Cap 4A - THE RULES OF THE HIGH COURT 52

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.

18. 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; (L.N. 404 of 1991)

(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. 152 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.

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. 152 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 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. 152 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, the Court is satisfied that the issues in dispute between

Cap 4A - THE RULES OF THE HIGH COURT 53

______________________________________________________________________________

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 2 to 7 shall, with the omission of so much of rule 7(1) as requires parties to serve a notice specifying the orders and directions which they desire and with any other necessary modifications, apply as if the application under this rule were a case management summons. (L.N. 152 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 (L.N. 363 of

1990) (b) a claim by the plaintiff based on an allegation of fraud.

22. Saving for defence under Merchant Shipping Acts etc. (O. 18, r. 22)

Nothing in Order 75, rules 37 to 40, shall be taken as limiting the right of any shipowner or other person to rely by way of defence on any provision of the Merchant Shipping Acts 1894 to 1979# in their application to Hong Kong or the Merchant Shipping (Local Vessels) Ordinance (Cap 548), the Merchant Shipping (Seafarers) Ordinance (Cap 478) or the Merchant Shipping (Safety) Ordinance (Cap 369), which limits the amount of his liability in connection with a ship or other property.

(L.N. 356 of 1988; 44 of 1995 s. 143; 24 of 2005 s. 55)

23. Transitional provision relating to rule 93 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 93 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 93 of the Amendment Rules 2008 had not been made.

(L.N. 152 of 2008)

24. Transitional provision relating to rules 96 and 97 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 96 and 97 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 96 and 97 of the Amendment Rules 2008 had not been made.

(L.N. 152 of 2008)

Note: # Please also see following-

(a) in relation to the Merchant Shipping Act 1894, Part 3 of Schedule 5 to Cap 415 and s. 1 of Schedule 2 to Cap 508;

(b) in relation to the Merchant Shipping Acts 1894 to 1979, s. 117 of Cap 281, s. 103 of Cap 415 and s. 142 of Cap 478.

* Commencement day: 2 April 2009.

Cap 4A - THE RULES OF THE HIGH COURT 54

Order: 19 DEFAULT OF PLEADINGS L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

1. Default in service of statement of claim (O. 19, r. 1)

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.

2. 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 App. 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.

3. Default of defence: claim for unliquidated damages (O. 19, r. 3)

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 App. A, Form 40)

4. 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 App. 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 App. A, Form 42)

(5) Where there is more than one defendant, judgment entered under this rule shall not be enforced against any

Cap 4A - THE RULES OF THE HIGH COURT 55

defendant unless and until judgment for possession of the land has been entered against all the defendants.

6. Default of defence: mixed claims (O. 19, r. 6)

Where the plaintiff makes against a defendant two 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.

7. 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. (L.N. 152 of 2008)

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 counter-claim, 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.

(HK)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.

(L.N. 223 of 1995)

Cap 4A - THE RULES OF THE HIGH COURT 56

9. Setting aside judgment (O. 19, r. 9)

The Court may, on such terms as it thinks just, set a side or vary any judgment entered in pursuance of this Order.

(Enacted 1988)

Order: 20 AMENDMENT L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

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 acknowledgement 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 sub-paragraph (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 counter-claim 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

Cap 4A - THE RULES OF THE HIGH COURT 57

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 rule 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 the following provisions of 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 that paragraph 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 other originating process (O. 20, r. 7)

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.

8. Amendment of pleading and certain other documents (O. 20, r. 8) (L.N. 152 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. 152 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. 152 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

Cap 4A - THE RULES OF THE HIGH COURT 58

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. 152 of 2008)

(2) Paragraph (1) is subject to any directions given by the Court. (L.N. 152 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, master or Registrar 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.

11. Amendment of judgment and orders (O. 20, r. 11)

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.

(L.N. 152 of 2008)

12. 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.

(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. 152 of 2008) (Enacted 1988)

Order: 21 WITHDRAWAL AND DISCONTINUANCE L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

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.

Cap 4A - THE RULES OF THE HIGH COURT 59

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 two 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 two 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 two 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 two or more defendants, of such evidence last served, by serving a notice to that effect on the defendant concerned.

(3B) When there are two 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 counter-claim, 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 7. (L.N. 152 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)

Cap 4A - THE RULES OF THE HIGH COURT 60

(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 7. (L.N. 152 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. (Enacted 1988)

Order: 22 OFFERS TO SETTLE AND PAYMENTS INTO COURT L.N. 152 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

Cap 4A - THE RULES OF THE HIGH COURT 61

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 set-off; 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

Cap 4A - THE RULES OF THE HIGH COURT 62

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

Cap 4A - THE RULES OF THE HIGH COURT 63

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 56A 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.

Cap 4A - THE RULES OF THE HIGH COURT 64

(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.

17. Payment out of a sum in court on acceptance of sanctioned payment (O. 22, r. 17)

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.

18. Acceptance of sanctioned offer or sanctioned payment made by one or more, but not all, defendants (O. 22, r. 18)

Cap 4A - THE RULES OF THE HIGH COURT 65

(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.

Cap 4A - THE RULES OF THE HIGH COURT 66

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 48 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

Cap 4A - THE RULES OF THE HIGH COURT 67

payment or offer without requiring the leave of the Court; and (b) interest on the costs referred to in paragraph (3) or sub-paragraph (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;

Cap 4A - THE RULES OF THE HIGH COURT 68

_________________________________________________________________________________________

(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 111 ("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. 152 of 2008)

Note: * Commencement day: 2 April 2009.

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Order: 22A MISCELLANEOUS PROVISIONS ABOUT PAYMENTS INTO COURT

L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

1. Money remaining in 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 High Court Suitors' Funds Rules (Cap 4 sub. leg. B) and the Trustee Ordinance (Cap 29).

(L.N. 152 of 2008)

Order: 23 SECURITY FOR COSTS 25 of 1998 01/07/1997

Remarks: Adaptation amendments retroactively made - see 25 of 1998 s. 2

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 of First Instance, it appears to the Court- (25 of 1998 s. 2)

(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

Cap 4A - THE RULES OF THE HIGH COURT 70

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 the foregoing paragraphs 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.

2. Manner of giving security (O. 23, r. 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.

3. 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.

(Enacted 1988)

Order: 24 DISCOVERY AND INSPECTION OF DOCUMENTS L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

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.

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 must make discovery by exchanging lists of documents and, accordingly, each party must, 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. (L.N. 157 of 2003 and L.N. 199 of 2003)

Without prejudice to any directions given by the Court under Order 16, rule 4, this paragraph shall not apply in third party proceedings, including proceedings under that Order involving fourth or subsequent parties.

(2) 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).

(3) 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.

(4) Paragraphs (2) and (3) shall apply in relation to a counterclaim as they apply in relation to an action but with the substitution, for the reference in paragraph (2) to the plaintiff, of a reference to the party making the counterclaim.

(5) On the application of any party required by this rule to make discovery of documents, the Court may-

Cap 4A - THE RULES OF THE HIGH COURT 71

(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;

and the Court shall make such an order 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.

(6) An application for an order under paragraph (5) 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.

(7) 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), and the party on whom such a notice is served must, 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. 152 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, 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. 157 of 2003 and L.N. 199 of 2003)

(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, may make an order against the first-mentioned party under paragraph (1) of this rule or, 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.

(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. 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 2 to 7, shall, with the omission of so much of rule 7(1) as requires parties to serve a notice specifying the orders and directions which they desire and with any other necessary modifications, apply as if the application on which the order was made were a case management summons. (L.N. 152 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.

6. Defendant entitled to copy of co-defendant's list (O. 24, r. 6)

Cap 4A - THE RULES OF THE HIGH COURT 72

(1) A defendant who has pleaded in an action shall be entitled to have a copy of any list of documents served under any of the foregoing rules of this Order 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 an action 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. (L.N. 157 of 2003 and L.N. 199 of 2003)

(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 2 or 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 41 or 42(1) of the Ordinance (O. 24, r. 7A)

(1) An application for an order under section 41 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. (L.N. 404 of 1991)

(2) An application after the commencement of proceedings for an order under section 42(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 of First Instance; (25 of 1998 s. 2)

(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. 152 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 41 of the Ordinance)". (L.N. 152 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 41 or 42(1) 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

Cap 4A - THE RULES OF THE HIGH COURT 73

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. 152 of 2008) (8) For the purposes of rules 10 and 11 an application for an order under section 41 or 42(1) 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. 152 of 2008)

(2) No order for the disclosure of documents shall be made under section 41 or 42 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. 152 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.

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. (L.N. 223 of 1995; L.N. 383 of 1996)

(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

Cap 4A - THE RULES OF THE HIGH COURT 74

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.

11B. (Added L.N. 157 of 2003 and repealed L.N. 199 of 2003)

12. Order for production to Court (O. 24, r. 12)

(1) 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. (L.N. 157 of 2003 and L.N. 199 of 2003)

(2) (Added L.N. 157 of 2003 and repealed L.N. 199 of 2003)

13. 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)

Cap 4A - THE RULES OF THE HIGH COURT 75

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. 152 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.

(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. Revocation and variation of orders (O. 24, r. 17)

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.

(Enacted 1988)

Order: 25 CASE MANAGEMENT SUMMONS AND CONFERENCE*

L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

1. Case management summons and conference (O. 25, r. 1)

(L.N. 152 of 2008)

(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 and file it with the Court in the manner specified in the practice direction. (L.N. 152 of 2008)

Cap 4A - THE RULES OF THE HIGH COURT 76

(1A)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. (L.N. 152 of 2008)

(1B) Where there is no agreement on any of the matters specified in paragraph (1A)(a) and (b)- (a) each party shall in the questionnaire make a proposal on the matter; and (b) the plaintiff shall, within the time 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. (L.N. 152 of 2008)

(2) 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 the commercial list is pending; (h) actions for the infringement of a patent; and (j) actions for personal injuries for which automatic directions are provided by rule 8. (k) (Repealed L.N. 152 of 2008)

(3) (Repealed L.N. 152 of 2008) (4) 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 (1B)(b), the defendant or any defendant may- (a) take out a case management summons; or (b) apply for an order to dismiss the action. (L.N. 152 of 2008)

(5) On an application by a defendant to dismiss the action under paragraph (4) 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.

(6) In the case of an action which is proceeding only as respects a counterclaim, references in this rule and rule 1A(1)(c) to the plaintiff and defendant shall be construed respectively as references to the party making the counterclaim and the defendant to the counterclaim.

(7) Notwithstanding anything in paragraph (1B), 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.

(L.N. 152 of 2008)

1A. Case management timetable (O. 25, r. 1A)

(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(1B)(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

Cap 4A - THE RULES OF THE HIGH COURT 77

(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. (L.N. 152 of 2008)

1B. Variation of case management timetable (O. 25, r. 1B)

(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 1A.

(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". (L.N. 152 of 2008)

1C. Failure to appear at case management conference or pre-trial review (O. 25, r. 1C)

(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 pre- trial 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

Cap 4A - THE RULES OF THE HIGH COURT 78

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.

(L.N. 152 of 2008)

2. Duty to consider all matters (O. 25, r. 2)

(1) When the case management summons first comes to be determined, the Court shall consider whether- (L.N. 152 of 2008)

(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 said matters, it shall deal with them forthwith and shall 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 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 shall 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 District Court or some other court, paragraph (4) shall not apply and nothing in this Order shall be construed as requiring the Court to make any further order at the case management summons.

(7) 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.

(L.N. 152 of 2008)

3. Particular matters for consideration (O. 25, r. 3)

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- (L.N. 152 of 2008)

(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) section 43 of the District Court Ordinance (Cap 336). (L.N. 152 of 2008)

4. Admissions and agreements to be made (O. 25, r. 4)

At the determination of the case management summons, the Court 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 may cause the order on the summons to record any admissions or agreements so made, and (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.

Cap 4A - THE RULES OF THE HIGH COURT 79

(L.N. 152 of 2008)

5. Limitation of right of appeal (O. 25, r. 5)

Nothing in rule 4 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.

(L.N. 152 of 2008)

6. Duty to give all information at determination of case management summons (O. 25, r. 6)

(L.N. 152 of 2008)

(1) Subject to paragraph (2), no affidavit shall be used at the determination of the case management summons except by the leave or directions of the Court, but, subject to paragraph (4), it shall be 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.

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 but, in the absence of such authority, any information or document given or produced under this paragraph shall be given or produced to all the parties as well as to the Court. (L.N. 152 of 2008)

(2) No leave shall be 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. (L.N. 152 of 2008)

(3) 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 (4), the Court may- (L.N. 152 of 2008)

(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, order the whole or any part of the pleadings of the party concerned to be struck out, or 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.

(4) Notwithstanding anything in the foregoing provisions of this rule, no information or documents which are privileged from disclosure shall be 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.

7. Duty to make all interlocutory applications at case management summons (O. 25, r. 7)

(L.N. 152 of 2008)

(1) Any party to whom the case management summons is addressed must 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 must, 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 the determination of the case management summons is adjourned and 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 such notice as aforesaid.

(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.

(L.N. 152 of 2008)

Cap 4A - THE RULES OF THE HIGH COURT 80

8. Automatic directions in personal injury actions (O. 25, r. 8)

(1) When the pleadings in any action to which this rule applies are deemed to be closed the following directions shall 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)-(c) (Repealed L.N. 152 of 2008) (d) 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; (HK)(dd) 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;

(f)-(g) (Repealed L.N. 99 of 1993) (2) (Repealed L.N. 152 of 2008) (3) Nothing in paragraph (1) shall prevent 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 prevent the making of an order for the transfer of the proceedings to the District Court. (L.N. 152 of 2008)

(4) 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; and "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. (5) 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.

9. (Repealed L.N. 152 of 2008)

10. Application to action in specialist list (O. 25, r. 10)

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.

(L.N. 152 of 2008)

11. Transitional provisions relating to Part 11 of Amendment Rules 2008 (O. 25, r. 11)

(1) A summons for directions taken out before the commencement# of the Amendment Rules 2008 and pending immediately before the commencement is deemed to be-

(a) if the summons for directions was taken out by the plaintiff, a case management summons taken out under rule 1(1B)(b); or

(b) if the summons for directions was taken out by a defendant, a case management summons taken out under rule 1(4)(a).

(2) Where the pleadings in an action to which rule 1 applies are deemed to be closed but no summons for directions has been taken out before the commencement of the Amendment Rules 2008, 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

Cap 4A - THE RULES OF THE HIGH COURT 81

________________________________________________________________________________

words "the commencement of the Amendment Rules 2008". (L.N. 152 of 2008)

(Enacted 1988)

Note: * (Amended L.N. 152 of 2008) # Commencement day: 2 April 2009.

Order: 26 INTERROGATORIES 25 of 1998 01/07/1997

Remarks: Adaptation amendments retroactively made - see 25 of 1998 s. 2

1. Discovery by interrogatories (O. 26, r. 1)

(1) A party to any cause or matter may in accordance with the following provisions of this Order serve on any other party interrogatories relating to any matter in question between the applicant and that other party in the cause or matter which are necessary either-

(a) for disposing fairly of the cause or matter; or (b) for saving costs.

(2) Without prejudice to the provisions of paragraph (1), a party may apply to the Court for an order 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.

(3) A proposed interrogatory which does not relate to such a matter as is mentioned in paragraph (1) may not be administered notwithstanding that it might be admissible in oral cross-examination of a witness.

(4) In this Order- "interrogatories without order" (在無命令下發出的質詢書) means interrogatories served under paragraph (1); "ordered interrogatories" (根據命令發出的質詢書 ) means interrogatories served under paragraph (2) or

interrogatories which are required to be answered pursuant to an order made on an application under rule 3(2) and, where such an order is made, the interrogatories shall not, unless the Court orders otherwise, be treated as interrogatories without order for the purposes of rule 3(1). (5) Unless the context otherwise requires, the provisions of this Order apply to both interrogatories without

order and ordered interrogatories. (L.N. 404 of 1991)

2. Form and nature of interrogatories (O. 26, r. 2)

(1) Where interrogatories are served, a note at the end of the interrogatories shall specify- (a) a period of time (not being less than 28 days from the date of service) within which the interrogatories

are to be answered; (b) where the party to be interrogated is a body corporate or unincorporate 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 officer or member on whom the interrogatories are to be served; and

(c) where the interrogatories are to be served on two or more parties or are required to be answered by an agent or servant of a party, 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.

(2) Subject to rule 5(1), a party on whom interrogatories are served shall, unless the Court orders otherwise on an application under rule 3(2), be required to give within the period specified under paragraph (1)(a) answers, which shall (unless the Court directs otherwise) be on affidavit.

(L.N. 404 of 1991)

3. Interrogatories without order (O. 26, r. 3)

(1) Interrogatories without order may be served on a party not more than twice. (2) A party on whom interrogatories without order are served may, within 14 days of the service of the

Cap 4A - THE RULES OF THE HIGH COURT 82

interrogatories, apply to the Court for the interrogatories to be varied or withdrawn and, on any such application, the Court may make such order as it thinks fit (including an order that the party who served the interrogatories shall not serve further interrogatories without order).

(3) Interrogatories without order shall not be served on the Crown. (L.N. 404 of 1991)

4. Ordered interrogatories (O. 26, r. 4)

(1) Where an application is made for leave to serve interrogatories, a copy of the proposed interrogatories shall be served with the summons or the notice under Order 25, rule 7, by which the application is made.

(2) In deciding whether to give leave to serve interrogatories, 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 and whether or not interrogatories without order have been administered.

(L.N. 404 of 1991)

5. Objections and insufficient answers (O. 26, r. 5)

(1) Without prejudice to rule 3(2), 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.

(3) Where any person on whom interrogatories without order have been served answers any of them insufficiently, the party serving the interrogatories may ask for further and better particulars of the answer given and any such request shall not be treated as service of further interrogatories for the purposes of rule 3(1).

(L.N. 404 of 1991)

6. Failure to comply with order (O. 26, r. 6)

(1) If a party fails to answer interrogatories or to comply with an order made under rule 5(2) or a request made under rule 5(3), 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) Without prejudice to paragraph (1), where a party fails to answer ordered interrogatories or to comply with an order made under rule 5(2), 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.

(L.N. 404 of 1991)

7. Use of answers to interrogatories at trial (O. 26, r. 7)

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.

8. Revocation and variation of orders (O. 26, r. 8)

(Enacted 1988)

Cap 4A - THE RULES OF THE HIGH COURT 83

Order: 27 ADMISSIONS L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

1. Admission of case of other party (O. 27, r. 1)

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.

2. Notice to admit (O. 27, r. 2)

(1) A party to a cause or matter may not later than 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.

(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)

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.

An application for an order under this rule may be made by summons. (L.N. 152 of 2008)

4. Admission and production of documents specified in list of documents (O. 27, r. 4)

(1) Subject to paragraph (2) and without prejudice to the right of a party to object to the admission in evidence of any document, a party on whom a list of documents is served in pursuance of any provision of Order 24 shall, unless the Court otherwise orders, be deemed to admit-

(a) that any document described in the list as an original document is such a document and was printed, written, signed or executed as it purports respectively to have been, and

(b) that any document described therein as a copy is a true copy. This paragraph does not apply to a document the authenticity of which the party has denied in his pleading. (2) If before the expiration of 21 days after inspection of the documents specified in a list of documents or after

the time limited for inspection of those documents expires, whichever is the later, the party on whom the list is served serves on the party whose list it is a notice stating, in relation to any document specified therein, that he does not admit the authenticity of that document and requires it to be proved at the trial, he shall not be deemed to make any admission in relation to that document under paragraph (1).

(3) A party to a cause or matter by whom a list of documents is served on any other party in pursuance of any provision of Order 24 shall be deemed to have been served by that other party with a notice requiring him to produce at the trial of the cause or matter such of the documents specified in the list as are in his possession, custody or power.

(4) The foregoing provisions of this rule apply in relation to an affidavit made in compliance with an order under Order 24, rule 7, as they apply in relation to a list of documents served in pursuance of any provision of that Order.

5. Notices to admit or produce documents (O. 27, r. 5)

(1) Except where rule 4(1) applies, a party to a cause or matter may within 21 days after the cause or matter is set down for trial serve on any other party a notice requiring him to admit the authenticity of the documents specified

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in the notice. (2) If a party on whom a notice under paragraph (1) is served desires to challenge the authenticity of any

document therein specified he must, within 21 days after service of the notice, serve on the party by whom it was given a notice stating that he does not admit the authenticity of the document and requires it to be proved at the trial.

(3) A party who fails to give a notice of non-admission in accordance with paragraph (2) in relation to any document shall be deemed to have admitted the authenticity of that document unless the Court otherwise orders.

(4) Except where rule 4(3) applies, a party to a cause or matter may serve on any other party a notice requiring him to produce the documents specified in the notice at the trial of the cause or matter.

(Enacted 1988)

Order: 28 ORIGINATING SUMMONS PROCEDURE L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

1. Application (O. 28, r. 1)

The provisions of this Order apply to all originating summonses subject, in the case of originating summonses of any particular class, to any special provisions relating to originating summonses of that class made by these rules or by or under any written law; and subject as aforesaid, Order 32, rule 5, shall apply in relation to originating summonses as they apply in relation to other summonses.

1A. Affidavit evidence (O. 28, r. 1A)

(1) In any cause or matter begun by originating summons (not being an ex parte summons) the plaintiff must, before the expiration of 14 days after the defendant has acknowledged service, or, if there are two or more defendants, at least one of them has acknowledged service, file with the Court the affidavit evidence on which he intends to rely.

(2) In the case of an ex parte summons the applicant must file his affidavit evidence not less than 4 clear days before the day fixed for the hearing.

(3) Copies of the affidavit evidence filed in the Court under paragraph (1) must be served by the plaintiff on the defendant, or, if there are two or more defendants, on each defendant, before the expiration of 14 days after service has been acknowledged by that defendant.

(4) Where a defendant who has acknowledged service wishes to adduce affidavit evidence he must within 28 days after service on him of copies of the plaintiff's affidavit evidence under paragraph (3) file his own affidavit evidence in the Court and serve copies thereof on the plaintiff and on any other defendant who is affected thereby.

(5) A plaintiff on whom a copy of a defendant's affidavit evidence has been served under paragraph (4) may within 14 days of such service file in the Court further affidavit evidence in reply and shall in that event serve copies thereof on that defendant.

(6) No other affidavit shall be received in evidence without the leave of the Court. (7) Where an affidavit is required to be served by one party on another party it shall be served without prior

charge. (8) The provisions of this rule apply subject to any direction by the Court to the contrary. (9) In this rule references to affidavits and copies of affidavits include references to exhibits to affidavits and

copies of such exhibits.

2. Fixing time for attendance of parties before Court (O. 28, r. 2)

(1) In the case of an originating summons which is in Form No. 8 in Appendix A the plaintiff must, within one month of the expiry of the time within which copies of affidavit evidence may be served under rule 1A, obtain an appointment for the attendance of the parties before the Court for the hearing of the summons, and a day and time for their attendance shall be fixed by a notice (in Form No. 12 in Appendix A) sealed with the seal of the Court.

(2) A day and time for the attendance of the parties before the Court for the hearing of an originating summons which is in Form No. 10 in Appendix A, or for the hearing of an ex parte originating summons, may be fixed on the application of the plaintiff or applicant, as the case may be and in the case of a summons which is required to be served, the time limited for acknowledging service shall, where appropriate, be abridged so as to expire on the next

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day but one before the day so fixed, and the time limits for lodging affidavits under rule 1A(2) and (3) shall, where appropriate, be abridged so as to expire, respectively, on the fifth day before, and the next day but one before, the day so fixed.

(3) Where a plaintiff fails to apply for an appointment under paragraph (1), any defendant may, with the leave of the Court, obtain an appointment in accordance with that paragraph provided that he has acknowledged service of the originating summons.

3. Notice of hearing (O. 28, r. 3)

(1) Not less than 14 days before the day fixed under rule 2 for the attendance of the parties before the Court for the hearing of an originating summons which is in Form No. 8 in Appendix A, the party on whose application the day was fixed must serve a copy of the notice fixing it on every other party. (L.N. 404 of 1991)

(2) Not less than 4 clear days before the day fixed under rule 2 for the hearing of an originating summons which is in Form No. 10 in Appendix A, the plaintiff must serve the summons on every defendant or, if any defendant has already been served with the summons, must serve on that defendant notice of the day fixed for the hearing.

(3) Where notice in Form No. 12 in Appendix A is served in accordance with paragraph (1), such notice shall specify what orders of directions the party serving the notice intends to seek at the hearing; and any party served with such notice who wishes to seek different orders or directions must, not less than 7 days before the hearing, serve on every other party a notice specifying the other orders and directions he intends to seek. (L.N. 404 of 1991)

(4) If the hearing of an originating summons which is in Form No. 8 or 10 in Appendix A is adjourned and any party to the proceedings desires to apply at the resumed hearing for any order or direction not previously asked for, he must, not less than 7 days before the resumed hearing of the summons, serve on every other party a notice specifying those orders and directions. (L.N. 404 of 1991)

(5) Where a party is required by any provision of this rule or rule 5(2) to serve a notice or a copy of a notice on "every other party" he must-

(a) where he is the plaintiff, serve it on every defendant who has acknowledged service of the originating summons; and

(b) where he is a defendant, serve it on the plaintiff and on every other defendant affected thereby. (L.N. 404 of 1991)

3A. Originating summons to be heard in open court (O. 28, r. 3A)

An originating summons must be heard in open court unless the Court otherwise directs. (L.N. 152 of 2008)

4. Directions, etc., by Court (O. 28, r. 4)

(1) The Court by whom an originating summons is heard may, if the liability of the defendant to the plaintiff in respect of any claim made by the plaintiff is established, make such order in favour of the plaintiff as the nature of the case may require, but where the Court makes an order under this paragraph against a defendant who does not appear at the hearing, the order may be varied or revoked by a subsequent order of the Court on such terms as it thinks just.

(2) In any case where the Court does not dispose of any originating summons altogether at a hearing or order the cause or matter begun by it to be transferred to a District Court or some other court or makes an order under rule 8, the Court shall give such directions as to the further conduct of the proceedings as it thinks best adapted to secure the just, expeditious and economical disposal thereof.

(3) Without prejudice to the generality of paragraph (2), the Court shall, at as early a stage of the proceedings on the summons as appears to it to be practicable, consider whether there is or may be a dispute as to fact and whether the just, expeditious and economical disposal of the proceedings can accordingly best be secured by hearing the summons on oral evidence or mainly on oral evidence and, if it thinks fit, may order that no further evidence shall be filed and that the summons shall be heard on oral evidence or partly on oral evidence and partly on affidavit evidence, with or without cross-examination of any of the deponents, as it may direct.

(4) Without prejudice to the generality of paragraph (2), and subject to paragraph (3), the Court may give directions as to the filing of evidence and as to the attendance of deponents for cross-examination and any directions which it could give under Order 25 if the cause or matter had been begun by writ and the summons were a case

Cap 4A - THE RULES OF THE HIGH COURT 86

management summons under that Order. (L.N. 152 of 2008) (5) The Court may at any stage of the proceedings order that any affidavit, or any particulars of any claim,

defence or other matters stated in any affidavit, shall stand as pleadings or that points of claim, defence or reply be delivered and stand as pleadings. (L.N. 404 of 1991)

5. Adjournment of summons (O. 28, r. 5)

(1) The hearing of the summons by the Court may (if necessary) be adjourned from time to time, either generally or to a particular date, as may be appropriate, and the powers of the Court under rule 4 may be exercised at any resumed hearing.

(2) If the hearing of the summons is adjourned generally, any party may restore it to the list on 14 days' notice to every other party and rule 3(4) shall apply in relation to any such adjourned hearing. (L.N. 404 of 1991)

6. Applications affecting party who has failed to acknowledge service (O. 28, r. 6)

Where in a cause or matter begun by originating summons an application is made to the Court for an order affecting a party who has failed to acknowledge service of the summons, the Court hearing the application may require to be satisfied in such manner as it thinks fit that the party has so failed.

7. Counterclaim by defendant (O. 28, r. 7)

(1) A defendant to an action begun by originating summons who has acknowledged service of the summons and who alleges that he has any claim or is entitled to any relief or remedy against the plaintiff in respect of any matter (whenever and however arising) may make a counterclaim in the action in respect of that matter instead of bringing a separate action.

(2) A defendant who wishes to make a counterclaim under this rule must at the first or any resumed hearing of the originating summons by the Court but, in any case, at as early a stage in the proceedings as is practicable, inform the Court of the nature of his claim and, without prejudice to the powers of the Court under paragraph (3), the claim shall be made in such manner as the Court may direct under rule 4 or rule 8.

(3) If it appears on the application of a plaintiff against whom a counterclaim is made under this rule 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.

8. Continuation of proceedings as if cause or matter begun by writ (O. 28, r. 8)

(1) Where, in the case of a cause or matter begun by originating summons, it appears to the Court at any stage of the proceedings that the proceedings should for any reason be continued as if the cause or matter had been begun by writ, it may order the proceedings to continue as if the cause or matter had been so begun and may, in particular, order that any affidavits shall stand as pleadings, with or without liberty to any of the parties to add thereto or to apply for particulars thereof.

(2) Where the Court decides to make such an order, Order 25, rules 2 to 7, shall, with the omission of so much of rule 7(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 there had been a case management summons in the proceedings and that order were one of the orders to be made thereon. (L.N. 152 of 2008)

(3) This rule applies notwithstanding that the cause or matter in question could not have been begun by writ. (4) Any reference in these rules to an action begun by writ shall, unless the context otherwise requires, be

construed as including a reference to a cause or matter proceedings in which are ordered under this rule to continue as if the cause or matter had been so begun.

9. Order for hearing or trial (O. 28, r. 9)

(1) Except where the Court disposes of a cause or matter begun by originating summons in chambers or orders it to be transferred to a District Court or some other court or makes an order in relation to it under rule 8 or some other

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provision of these rules, the Court shall, on being satisfied that the cause or matter is ready for determination, make such order as to the hearing of the cause or matter as may be appropriate.

(3) The Court shall by order determine the place and mode of the trial, but any such order may be varied by a subsequent order of the Court made at or before the trial.

(4) Order 33, rule 4(2) and Order 34, rules 1 to 8, shall apply in relation to a cause or matter begun by originating summons and to an order made therein under this rule as they apply in relation to an action begun by writ and to an order made therein under the said rule 4 and shall have effect accordingly with any necessary modifications and with the further modification that for references therein to the case management summons there shall be substituted references to the first or any resumed hearing of the originating summons by the Court. (L.N. 152 of 2008)

10. Failure to prosecute proceedings with despatch (O. 28, r. 10)

(1) If the plaintiff in a cause or matter begun by originating summons makes default in complying with any order or direction of the Court as to the conduct of the proceedings, or if the Court is satisfied that the plaintiff in a cause or matter so begun is not prosecuting the proceedings with due despatch, the Court may order the cause or matter to be dismissed or may make such other order as may be just.

(2) Paragraph (1) shall, with any necessary modifications, apply in relation to a defendant by whom a counterclaim is made under rule 7 as it applies in relation to a plaintiff.

(3) Where, by virtue of an order made under rule 8, proceedings in a cause or matter begun by originating summons are to continue as if the cause or matter had been begun by writ, the foregoing provisions of this rule shall not apply in relation to the cause or matter after the making of the order.

11. Abatement, etc., of action (O. 28, r. 11)

Order 34, rule 9, shall apply in relation to an action begun by originating summons as it applies in relation to an action begun by writ.

(Enacted 1988)

Order: 29 INTERLOCUTORY INJUNCTIONS, INTERIM PRESERVATION OF PROPERTY, INTERIM PAYMENTS, ETC.

L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

I. INTERLOCUTORY INJUNCTIONS, INTERIM PRESERVATION OF PROPERTY, ETC.

1. Application for injunction (O. 29, r. 1)

(1) An application for the grant of an injunction may be made by any party to a cause or matter before or after the trial of the cause or matter, whether or not a claim for the injunction was included in that party's writ, originating summons, counterclaim or third party notice, as the case may be.

(2) Where the applicant is the plaintiff and the case is one of urgency such application may be made ex parte on affidavit but, except as aforesaid, such application must be made by summons. (L.N. 152 of 2008)

(3) The plaintiff may not make such an application before the issue of the writ or originating summons by which the cause or matter is to be begun except where the case is one of urgency, and in that case the injunction applied for may be granted on terms providing for the issue of the writ or summons and such other terms, if any, as the Court thinks fit.

2. Detention, preservation etc., of subject-matter of cause or matter (O. 29, r. 2)

(1) On the application of any party to a cause or matter the Court may make an order for the detention, custody or preservation of any property which is the subject-matter of the cause or matter, or as to which any question may arise therein, or for the inspection of any such property in the possession of a party to the cause or matter.

(2) For the purpose of enabling any order under paragraph (1) to be carried out the Court may by the order

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authorize any person to enter upon any land or building in the possession of any party to the cause or matter. (3) Where the right of any party to a specific fund is in dispute in a cause or matter, the Court may, on the

application of a party to the cause or matter, order the fund to be paid into court or otherwise secured. (4) An order under this rule may be made on such terms, if any, as the Court thinks just. (5) An application for an order under this rule must be made by summons or by notice under Order 25, rule 7. (6) Unless the Court otherwise directs, an application by a defendant for such an order may not be made before

he acknowledges service of the writ or originating summons by which the cause or matter was begun.

3. Power to order samples to be taken, etc. (O. 29, r. 3)

(1) Where it considers it necessary or expedient for the purpose of obtaining full information or evidence in any cause or matter, the Court may, on the application of a party to the cause or matter, and on such terms, if any, as it thinks just, by order authorize or require any sample to be taken of any property which is the subject-matter of the cause or matter or as to which any question may arise therein, any observation to be made on such property or any experiment to be tried on or with such property.

(2) For the purpose of enabling any order under paragraph (1) to be carried out the Court may by the order authorize any person to enter upon any land or building in the possession of any party to the cause or matter.

(3) Rule 2(5) and (6) shall apply in relation to an application for an order under this rule as they apply in relation to an application for an order under that rule.

4. Sale of perishable property, etc. (O. 29, r. 4)

(1) The Court may, on the application of any party to a cause or matter, make an order for the sale by such person, in such manner and on such terms (if any) as may be specified in the order of any property (other than land) which is the subject-matter of the cause or matter or as to which any question arises therein and which is of a perishable nature or likely to deteriorate if kept or which for any other good reason it is desirable to sell forthwith.

In this paragraph "land" (土地) includes any interest in, or right over, land. (2) Rule 2(5) and (6) shall apply in relation to an application for an order under this rule as they apply in

relation to an application for an order under that rule.

5. Order for early trial (O. 29, r. 5)

Where on the hearing of an application, made before the trial of a cause or matter, for an injunction or the appointment of a receiver or an order under rule 2, 3 or 4 it appears to the Court that the matter in dispute can be better dealt with by an early trial than by considering the whole merits thereof for the purposes of the application, the Court may make an order accordingly and may also make such order as respects the period before trial as the justice of the case requires.

Where the Court makes an order for early trial it shall by the order determine the mode of the trial.

6. Recovery of personal property subject to lien, etc. (O. 29, r. 6)

Where the plaintiff, or the defendant by way of counterclaim, claims the recovery of specific property (other than land) and the party from whom recovery is sought does not dispute the title of the party making the claim but claims to be entitled to retain the property by virtue of a lien or otherwise as security for any sum of money, the Court, at any time after the claim to be so entitled appears from the pleadings (if any) or by affidavit or otherwise to its satisfaction, may order that the party seeking to recover the property be at liberty to pay into court, to abide the event of the action, the amount of money in respect of which the security is claimed and such further sum (if any) for interest and costs as the Court may direct and that, upon such payment being made, the property claimed be given up to the party claiming it.

7. Directions (O. 29, r. 7)

(1) Where an application is made under any of the foregoing provisions of this Order, the Court may give directions as to the further proceedings in the cause or matter.

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(2) If, in an action begun by writ, not being any such action as is mentioned in sub-paragraphs (a) to (c) and (e) to (h) of Order 25, rule 1 (2), the Court thinks fit to give directions under this rule before the case management summons, rules 2 to 7 of that Order shall, with the omission of so much of rule 7(1) as requires parties to serve a notice specifying the orders and directions which they desire and with any other necessary modifications, apply as if the application were a case management summons. (L.N. 152 of 2008)

7A. Inspection, etc. of property under sections 42 and 44(1) of the Ordinance (O. 29, r. 7A)

(1) An application for an order under section 44(1) of the Ordinance in respect of property which may become the subject-matter of subsequent proceedings in the Court or as to which any question may arise in any such proceedings shall be made by originating summons 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 42(2) of the Ordinance in respect of property which is not the property of or in the possession of any party to the proceedings shall be made by summons, which must be served on the person against whom the order is sought personally and on every party to the proceedings other than the applicant.

(3) A summons under paragraph (1) or (2) shall be supported by affidavit which must specify or describe the property 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 or subsequent proceedings, that it is property which is or may become the subject-matter of the proceedings or as to which any question arises or may arise in the proceedings.

(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 made under section 42(2) or 44(1) 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.

(6) No such order shall be made if it appears to the Court- (a) that compliance with the order, if made, would result in the disclosure of information relating to a

secret process, discovery or invention not in issue in the proceedings; and (b) that the application would have been refused on that ground if-

(i) in the case of a summons under paragraph (1), the subsequent proceedings had already been begun; or

(ii) in the case of a summons under paragraph (2), the person against whom the order is sought were a party to the proceedings.

8. Allowance of income of property pendente lite (O. 29, r. 8)

Where any real or personal property forms the subject-matter of any proceedings, and the Court is satisfied that it will be more than sufficient to answer all the claims thereon for which provision ought to be made in the proceedings, the Court may at any time allow the whole or part of the income of the property to be paid, during such period as it may direct, to any or all of the parties who have an interest therein or may direct that any part of the personal property be transferred or delivered to any or all of such parties.

8A. Application for interim relief under section 21M(1) of the Ordinance (O. 29, r. 8A)

(1) An application for interim relief under section 21M(1) of the Ordinance must be made by originating summons in Form No. 10 in Appendix A.

(2) Rules 1, 2, 3, 4, 7(1), 7A and 8 of this Order apply with any necessary modifications to the application as they apply to an application for interlocutory relief in an action or proceeding in the High Court.

(3) Upon hearing of the originating summons, the Court may direct that all or any part of the hearing be conducted in open court.

(L.N. 152 of 2008)

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II. INTERIM PAYMENTS

9. Interpretation of Part II (O. 29, r. 9)

In this Part of this Order- "interim payment" (中期付款), in relation to a defendant, means a payment on account of any damages, debt or other

sum (excluding costs) which he may be held liable to pay to or for the benefit of the plaintiff; and any reference to the plaintiff or defendant includes a reference to any person who, for the purpose of the proceedings, acts as next friend of the plaintiff or guardian of the defendant. (L.N. 99 of 1993)

10. Application for interim payment (O. 29, r. 10)

(1) The plaintiff may, at any time after the writ has been served on a defendant and the time limited for him to acknowledge service has expired, apply to the Court for an order requiring that defendant to make an interim payment.

(2) An application under this rule shall be made by summons but may be included in a summons for summary judgment under Order 14 or Order 86.

(3) An application under this rule shall be supported by an affidavit which shall- (a) verify the amount of the damages, debt or other sum to which the application relates and the grounds

of the application; (b) exhibit any documentary evidence relied on by the plaintiff in support of the application; and (c) if the plaintiff's claim is made under the Fatal Accidents Ordinance (Cap 22), contain the particulars

mentioned in section 5(4) that Ordinance. (4) The summons and a copy of the affidavit in support and any documents exhibited thereto shall be served on

the defendant against whom the order is sought not less than 10 clear days before the return day. (5) Notwithstanding the making or refusal of an order for an interim payment, a second or subsequent

application may be made upon cause shown.

11. Order for interim payment in respect of damages (O. 29, r. 11)

(1) If, on the hearing of an application under rule 10 in an action for damages, the Court is satisfied- (a) that the defendant against whom the order is sought (in this paragraph referred to as "the respondent")

has admitted liability for the plaintiff's damages; or (b) that the plaintiff has obtained judgment against the respondent for damages to be assessed; or (c) that, if the action proceeded to trial, the plaintiff would obtain judgment for substantial damages

against the respondent or, where there are two or more defendants, against any of them, the Court may, if it thinks fit and subject to paragraph (2), order the respondent to make an interim payment of such amount as it thinks just, not exceeding a reasonable proportion of the damages which in the opinion of the Court are likely to be recovered by the plaintiff after taking into account any relevant contributory negligence and any set-off, cross-claim or counterclaim on which the respondent may be entitled to rely.

(2) No order shall be made under paragraph (1) in an action for personal injuries if it appears to the Court that the defendant is not a person falling within one of the following categories, namely-

(a) a person who is insured in respect of the plaintiff's claim or whose liability in respect of the plaintiff's claim will be met by the following person- (i) an insurer under section 10 of the Motor Vehicles Insurance (Third Party Risks) Ordinance (Cap

272); or (ii) an insurer who is a party to an agreement with the Motor Insurers' Bureau of Hong Kong; or (iii) the Motor Insurers' Bureau of Hong Kong; (L.N. 108 of 2002)

(b) a public authority; or (c) a person whose means and resources are such as to enable him to make the interim payment.

(3) In paragraph (2)(a)(ii), "agreement" (協議) means the domestic agreement between the Motor Insurers' Bureau of Hong Kong and the insurance companies and Lloyd's underwriters authorized to carry on motor vehicle insurance business in Hong Kong, made on 1 February 1981, as amended from time to time. (L.N. 108 of 2002)

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12. Order for interim payment in respect of sums other than damages (O. 29, r. 12)

If, on the hearing of an application under rule 10, the Court is satisfied- (a) that the plaintiff has obtained an order for an account to be taken as between himself and the defendant

and for any amount certified due on taking the account to be paid; or (b) that the plaintiff's action includes a claim for possession of land and, if the action proceeded to trial,

the defendant would be held liable to pay to the plaintiff a sum of money in respect of the defendant's use and occupation of the land during the pendency of the action, even if a final judgment or order were given or made in favour of the defendant; or

(c) that, if the action proceeded to trial, the plaintiff would obtain judgment against the defendant for a substantial sum of money apart from any damages or costs,

the Court may, if it thinks fit, and without prejudice to any contentions of the parties as to the nature or character of the sum to be paid by the defendant, order the defendant to make an interim payment of such amount as it thinks just, after taking into account any set-off, cross-claim or counterclaim on which the defendant may be entitled to rely.

13. Manner of payment (O. 29, r. 13)

(1) Subject to Order 80, rule 12, the amount of any interim payment ordered to be made shall be paid to the plaintiff unless the order provides for it to be paid into court, and where the amount is paid into court, the Court may, on the application of the plaintiff, order the whole or any part of it to be paid out to him at such time or times as the Court thinks fit.

(2) An application under paragraph (1) for money in court to be paid out may be made ex parte, but the Court hearing the application may direct a summons to be issued.

(3) An interim payment may be ordered to be made in one sum or by such instalments as the Court thinks fit. (4) Where a payment is ordered in respect of the defendant's use and occupation of land the order may provide

for periodical payments to be made during the pendency of the action.

14. Directions on application under rule 10 (O. 29, r. 14)

Where an application is made under rule 10, the Court may give directions as to the further conduct of the action, and, so far as may be applicable, Order 25, rules 2 to 7, shall, with the omission of so much of rule 7(1) as requires the parties to serve a notice specifying the orders and directions which they require and with any other necessary modifications, apply as if the application were a case management summons, and, in particular, the Court may order an early trial of the action.

(L.N. 152 of 2008)

15. Non-disclosure of interim payment (O. 29, r. 15)

The fact that an order has been made under rule 11 or 12 shall not be pleaded and, unless the defendant consents or the Court so directs, no communication of that fact or of the fact that an interim payment has been made, whether voluntarily or pursuant to an order, shall be made to the Court at the trial, or hearing, of any question or issue as to liability or damages until all questions of liability and amount have been determined.

16. Payment into court in satisfaction (O. 29, r. 16)

Where, after making an interim payment, whether voluntarily or pursuant to an order, a defendant pays a sum of money into court under Order 22, the notice of payment must state that the defendant has taken into account the interim payment.

(L.N. 152 of 2008)

17. Adjustment on final judgment or order or on discontinuance (O. 29, r. 17)

Where a defendant has been ordered to make an interim payment or has in fact made an interim payment,

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whether voluntarily or pursuant to an order, the Court may, in giving or making a final judgment or order, or granting the plaintiff leave to discontinue his action or to withdraw the claim in respect of which the interim payment has been made, or at any other stage of the proceedings on the application of any party, make such order with respect to the interim payment as may be just, and in particular-

(a) an order for the repayment by the plaintiff of all or part of the interim payment; or (b) an order for the payment to be varied or discharged; or (c) an order for the payment by any other defendant of any part of the interim payment which the

defendant who made it is entitled to recover from him by way of contribution or indemnity or in respect of any remedy or relief relating to or connected with the plaintiff's claim.

18. Counterclaims and other proceedings (O. 29, r. 18)

The preceding rules in this Part of this Order shall apply, with the necessary modifications, to any counterclaim or proceeding commenced otherwise than by writ, where one party seeks an order for an interim payment to be made by another.

(Enacted 1988)

Order: 30 RECEIVERS L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

1. Application for receiver and injunction (O. 30, r. 1)

(1) An application for the appointment of a receiver may be made by summons. (L.N. 152 of 2008) (2) An application for an injunction ancillary or incidental to an order appointing a receiver may be joined with

the application for such order. (3) Where the applicant wishes to apply for the immediate grant of such an injunction, he may do so ex parte

on affidavit. (4) The Court hearing an application under paragraph (3) may grant an injunction restraining the party

beneficially entitled to any interest in the property of which a receiver is sought from assigning, charging or otherwise dealing with that property until after the hearing of a summons for the appointment of the receiver and may require such a summons, returnable on such date as the Court may direct, to be issued.

2. Giving of security by receiver (O. 30, r. 2)

(1) A judgment or order directing the appointment of a receiver may include such directions as the Court thinks fit for the giving of security by the person appointed.

(2) Where by virtue of any judgment or order appointing a person named therein to be a receiver, a person is required to give security in accordance with this rule he must give security approved by the Court duly to account for what he receives as receiver and to deal with it as the Court directs.

(3) Unless the Court otherwise directs, the security shall be by guarantee. (4) The guarantee must be filed in the Registry, and it shall be kept as of record until duly vacated.

3. Remuneration of receiver (O. 30, r. 3)

A person appointed receiver shall be allowed such proper remuneration, if any, as may be authorized by the Court and the Court may direct that such remuneration shall be fixed by reference to such scales or rates of professional charges as it thinks fit.

4. Service of order and notice (O. 30, r. 4)

A copy of the judgment or order appointing a receiver shall be served by the party having conduct of the proceedings on the receiver and all other parties to the cause or matter in which the receiver has been appointed.

5. Receiver's accounts (O. 30, r. 5)

Cap 4A - THE RULES OF THE HIGH COURT 93

(1) A receiver shall submit such accounts to such parties at such intervals or on such dates as the Court may direct.

(2) Any party to whom a receiver is required to submit accounts may, on giving reasonable notice to the receiver, inspect, either personally or by an agent, the books and other papers relating to the accounts.

(3) Any party who is dissatisfied with the accounts of the receiver may give notice specifying the item or items to which objection is taken and requiring the receiver within not less than 14 days to lodge his accounts with the Court and a copy of such notice shall be lodged in the Registry.

(4) Following an examination by or on behalf of the Court of an item or items in an account to which objection is taken the result of such examination must be certified by the Registrar and an order may thereupon be made as to the incidence of any costs or expenses incurred.

6. Payment into court by receiver (O. 30, r. 6)

The Court may fix the amounts and frequency of payments into court to be made by a receiver.

7. Default by receiver (O. 30, r. 7)

(1) Where a receiver fails to attend for the examination of any account of his, or fails to submit any account, provide access to any books or papers or do any other thing which he is required to submit, provide or do, he and any or all of the parties to the cause or matter in which he was appointed may be required to attend in chambers to show cause for the failure, and the Court may, either in chambers or after adjournment into court, give such directions as it thinks proper including, if necessary, directions for the discharge of the receiver and the appointment of another and the payment of costs.

(2) Without prejudice to paragraph (1), where a receiver fails to attend for the examination of any account of his or fails to submit any account or fails to pay into court on the date fixed by the Court any sum required to be so paid, the Court may disallow any remuneration claimed by the receiver and may, where he has failed to pay any such sum into court, charge him with interest at the rate currently payable in respect of judgment debts in the Court of First Instance on that sum while in his possession as receiver. (25 of 1998 s. 2)

8. Directions to receivers (O. 30, r. 8)

A receiver may at any time request the Court to give him directions and such a request shall state in writing the matters with regard to which directions are required.

9. Application for appointment of receiver under section 21M(1) of the Ordinance (O. 30, r. 9)

This Order applies to an application for appointment of a receiver under section 21M(1) of the Ordinance as it applies to an application for appointment of a receiver in an action or proceeding in the High Court subject to the following modifications-

(a) the application must be made by originating summons in Form No. 10 in Appendix A and accordingly rule 1(1) does not apply; and

(b) rule 1(3) and (4) does not apply to the application. (L.N. 152 of 2008)

(Enacted 1988)

Order: 31 SALES, ETC. OF LAND BY ORDER OF COURT 25 of 1998 01/07/1997

Remarks: Adaptation amendments retroactively made - see 25 of 1998 s. 2

1. Power to order sale of land (O. 31, r. 1)

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Where in any cause or matter relating to any land it appears necessary or expedient for the purposes of the cause or matter that the land or any part thereof should be sold, the Court may order that land or part to be sold, and any party bound by the order and in possession of that land or part, or in receipt of the rents and profits thereof, may be compelled to deliver up such possession or receipt to the purchaser or to such other person as the Court may direct.

In this Order "land" (土地) includes any interest in, or right over, land.

2. Manner of carrying out sale (O. 31, r. 2)

(1) Where an order is made, whether in court or in chambers, directing any land to be sold, the Court may permit the party or person having the conduct of the sale to sell the land in such manner as he thinks fit, or may direct that the land be sold in such manner as the Court may either by the order or subsequently direct for the best price that can be obtained, and all proper parties shall join in the sale and conveyance as the Court shall direct.

(2) The Court may give such directions as it thinks fit for the purpose of effecting the sale, including, without prejudice to the generality of the foregoing words, directions-

(a) appointing the party or person who is to have the conduct of the sale; (b) fixing the manner of sale, whether by contract conditional on the approval of the Court, private treaty,

public auction, tender or some other manner; (c) fixing reserve or minimum price; (d) requiring payment of the purchase money into court or to trustees or other persons; (e) for settling the particulars and conditions of sale; (f) for obtaining evidence of the value of the property; (g) fixing the security (if any) to be given by the auctioneer, if the sale is to be by public auction, and the

remuneration to be allowed him; (h) requiring an abstract of the title to be referred to counsel for his opinion thereon and to settle the

particulars and conditions of sale.

3. Certifying result of sale (O. 31, r. 3)

(1) If either the Court has directed payment of the purchase money into court or the Court so directs, the result of a sale by order of the Court must be certified-

(a) in the case of a sale by public auction, by the auctioneer who conducted the sale; and (b) in any other case, by the solicitor of the party or person having the conduct of the sale;

and the Court may require the certificate to be verified by the affidavit of the auctioneer or solicitor, as the case may be.

(2) The solicitor of the party or person having the conduct of the sale must file the certificate and any affidavit in the Registry.

4. Mortgage, exchange or partition under order of the Court (O. 31, r. 4)

Rules 2 and 3 shall, so far as applicable and with the necessary modifications, apply in relation to the mortgage, exchange or partition of any land under an order of the Court as they apply in relation to the sale of any land under such an order.

(Enacted 1988)

Order: 32 APPLICATIONS AND PROCEEDINGS IN CHAMBERS L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

I. GENERAL

1. Mode of making application (O. 32, r. 1)

Except as provided by Order 25, rule 7, every application in chambers not made ex parte must be made by summons, and where, under the provisions of these rules, such summons must be supported by affidavit, such affidavit

Cap 4A - THE RULES OF THE HIGH COURT 95

shall be filed at the same time as the summons. (L.N. 127 of 1995)

2. Issue of summons (O. 32, r. 2)

(1) Issue of a summons by which an application in chambers is to be made takes place on its being sealed with the Seal of the Court.

(2) A summons may not be amended after issue without the leave of the Court.

3. Services of summons (O. 32, r. 3)

A summons asking only for the extension or abridgement of any period of time may be served on the day before the day specified in the summons for the hearing thereof but, except as aforesaid and unless the Court otherwise orders or any of these rules otherwise provides, a summons must be served on every other party not less than 2 clear days before the day so specified.

4. Adjournment of hearing (O. 32, r. 4)

(1) The hearing of a summons may be adjourned from time to time, either generally or to a particular date, as may be appropriate.

(2) If the hearing is adjourned generally, the party by whom the summons was taken out may restore it to the list on 2 clear days' notice to all the other parties on whom the summons was served.

5. Proceeding in absence of party failing to attend (O. 32, r. 5)

(1) Where any party to a summons fails to attend on the first or any resumed hearing thereof, the Court may proceed in his absence if, having regard to the nature of the application, it thinks it expedient so to do.

(2) Before proceeding in the absence of any party the Court may require to be satisfied that the summons or, as the case may be, notice of the time appointed for the resumed hearing was duly served on that party.

(3) Where the Court hearing a summons proceeded in the absence of a party, then, provided that any order made on the hearing has not been perfected, the Court, if satisfied that it is just to do so, may re-hear the summons.

(4) Where an application made by summons has been dismissed without a hearing by reason of the failure of the party who took out the summons to attend the hearing, the Court, if satisfied that it is just to do so, may allow the summons to be restored to the list.

6. Order made ex parte may be set aside (O. 32, r. 6)

The Court may set aside an order made ex parte.

7. Subpoena for attendance of witness (O. 32, r. 7)

(1) A writ of subpoena ad testificandum or a writ of subpoena duces tecum to compel the attendance of a witness for the purpose of proceedings in chambers may be issued out of the Registry, if the party who desires the attendance of the witness produces a note from a judge or from the Registrar or a master, as the case may be, authorizing the issue of the writ.

(2) The Registrar or any master may give such a note or may direct the application for it be made to the judge before whom the proceedings are to be heard.

8. Registrar, etc., may administer oaths, etc. (O. 32, r. 8)

(1) The Registrar or any master shall have authority to administer oaths and take affidavits for the purpose of proceedings in the Court.

9. Applications under the Mental Health

Cap 4A - THE RULES OF THE HIGH COURT 96

Ordinance (O. 32, r. 9)

(1) The jurisdiction of the Court to grant leave under section 69 of the Mental Health Ordinance (Cap 136) to bring proceedings against a person may be exercised in chambers by a judge.

(2) An originating summons by which an application for leave under the said section 69 is made shall be in Form No. 10 in Appendix A.

(3) The application must be supported by an affidavit setting out the grounds on which such leave is sought and any facts necessary to substantiate those grounds.

9A. Application for a direction under the Limitation Ordinance (O. 32, r. 9A)

The jurisdiction to direct, under section 30 of the Limitation Ordinance (Cap 347), that section 27 or 28 of that Ordinance should not apply to an action or to any specified cause of action to which the action relates shall be exercisable by the Court.

10. Application to make order of Court of Final Appeal order of Court of First Instance (O. 32, r. 10)

(HK) An application to make an order of the Court of Final Appeal an order of the Court of First Instance may be made ex parte by affidavit to a master.

(79 of 1995 s. 50; 25 of 1998 s. 2)

II. POWERS OF THE REGISTRAR, JUDGES AND THE COURT

11. Jurisdiction of the Registrar and masters (O. 32, r. 11)

(1) The Registrar and any master shall have power to transact all such business and exercise all such authority and jurisdiction as under any Ordinance or by these rules may be transacted and exercised by a judge in chambers except in respect of the following matters and proceedings, that is to say-

(a) matters relating to criminal proceedings, other than matters relating to the conditions of admission to bail and an application under Order 70 relating to criminal proceedings; (L.N. 403 of 1992; L.N. 152 of 2008)

(b) matters relating to the liberty of the subject other than orders for arrest and imprisonment to enforce, secure or pursue civil claims for the payment of money and orders prohibiting persons from leaving Hong Kong;

(d) subject to paragraph (2), proceedings for the grant of an injunction or other order under Part I of Order 29;

(da) applications under section 27A of the Ordinance (leave to institute or continue proceedings) for leave to institute or continue legal proceedings; (L.N. 152 of 2008)

(f) any other matter or proceeding which by any of these rules is required to be heard only by a judge. (2) The Registrar and any master shall have power to grant an injunction, or to make an order for the detention,

custody or preservation of any property, in the terms agreed by the parties to the proceedings in which the injunction or order is sought.

11A. Interlocutory applications (O. 32, r. 11A)

(1) A master may- (a) determine an interlocutory application without an oral hearing; or (b) adjourn the application to be heard before him or another master or a judge in chambers.

(2) The master may fix a date on which he may- (a) in the case of paragraph (1)(a), hand down his determination of the application; and (b) in the case of paragraph (1)(b), make an order that the application be heard before him or another

master or a judge in chambers on a date specified in the order.

Cap 4A - THE RULES OF THE HIGH COURT 97

(3) The master may give such directions as he thinks necessary or desirable for the purpose of determining the application, including directions for-

(a) the setting of a timetable for the steps to be taken between the date of the giving of those directions and the date of the determination of the application;

(b) the filing of evidence and arguments; (c) the filing of a statement of costs in respect of the application; and (d) the filing of a statement of grounds in opposition to the statement of costs referred to in sub-paragraph

(c). (4) Where the determination of the application is adjourned for the hearing of the summons, no further

evidence may be adduced unless it appears to the Court that there are exceptional circumstances making it desirable that further evidence should be adduced.

(5) Paragraph (4) is subject to a direction given under paragraph (3). (6) This rule does not apply to-

(a) an application under Order 2, rule 4 for relief from any sanction imposed by a court order; and (b) an application to extend or shorten the time for compliance with a court order.

(L.N. 152 of 2008)

11B. Court's power to specify consequences of failure to comply with court order on interlocutory application (O. 32, r. 11B)

(1) Where the Court makes an order on an interlocutory application before- (a) a case management summons in the action is taken out under Order 25; or (b) it gives directions relating to the management of the case under Order 25, rule 1A(1)(a), (2)(a) or (4),

it may, if it thinks appropriate to do so, specify the consequences of failing to comply with the order. (2) Where the Court makes an order on an interlocutory application after-

(a) a case management summons in the action taken out under Order 25 has been dealt with by the Court; or

(b) it has given directions relating to the management of the case under Order 25, rule 1A(1)(a), (2)(a) or (4),

it shall, unless there are special circumstances which render it inexpedient to do so, specify the consequences of failing to comply with the Order.

(3) The consequences specified under paragraph (1) or (2) must be appropriate and proportionate in relation to the non-compliance.

(L.N. 152 of 2008)

12. Reference of matter to judge (O. 32, r. 12)

The Registrar and any master may refer to a judge any matter which he thinks should properly be decided by a judge, and the judge may either dispose of the matter or refer it back to the Registrar or to any master, with such directions as he thinks fit.

13. Power to direct hearing in court (O. 32, r. 13)

(1) The judge in chambers may direct that any summons, application or appeal shall be heard in court or shall be adjourned into court to be so heard if he considers that by reason of its importance or for any other reason it should be so heard.

(2) Any matter heard in court by virtue of a direction under paragraph (1) may be adjourned from court into chambers.

16. Obtaining assistance of experts (O. 32, r. 16)

If the Court thinks it expedient in order to enable it better to determine any matter arising in proceedings in chambers, it may obtain the assistance of any person specially qualified to advise on that matter and may act upon his

Cap 4A - THE RULES OF THE HIGH COURT 98

opinion.

17. Notice of filing, etc. of affidavit (O. 32, r. 17)

Any party- (a) filing an affidavit intended to be used by him in any proceedings in chambers, or (b) intending to use in any such proceedings any affidavit filed by him in previous proceedings,

must give notice to every other party of the filing or, as the case may be, of his intention to do so.

18. Adjournment into or from court (O. 32, r. 18)

The hearing of any summons or other application in chambers may be adjourned from chambers into court and subsequently from court into chambers.

19. Disposal of matters in chambers (O. 32, r. 19)

The judge may by any judgment or order made in court in any proceedings direct that such matters (if any) in the proceedings as he may specify shall be disposed of in chambers.

21. Papers for use of Court, etc. (O. 32, r. 21)

The original of any document which is to be used in evidence in proceedings in chambers must, if it is available, be brought in, and copies of any such document or of any part thereof shall not be made unless the Court directs that copies of that document or part be supplied for the use of the Court or be given to the other parties to the proceedings.

22. Notes of proceedings in chambers (O. 32, r. 22)

(HK) A note shall be kept of all proceedings in the judge's, registrar's or master's chamber with the dates thereof so that all such proceedings in any cause or matter are noted in chronological order with a short statement of the matters decided at each hearing.

(Enacted 1988)

Order: 32A VEXATIOUS LITIGANTS L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

1. Application under section 27(1) of the Ordinance (O. 32A, r. 1)

(1) An application under section 27(1) of the Ordinance for an order specified in that section must be made by originating summons supported by affidavit and served on the person against whom the order is sought.

(2) The application must be heard in open court by a single judge.

2. Application for leave for institution or continuance of proceedings, etc. (O. 32A, r. 2)

(1) Where an order made under section 27(1) of the Ordinance is in force against a person, an application for leave to institute or continue any legal proceedings by that person must be made by a notice in Form No. 27A in Appendix A containing a statement of-

(a) the title and reference number of the proceedings in which that order was made; (b) the name and address of the applicant; (c) the order the applicant is seeking; and (d) briefly, why the applicant is seeking the order.

(2) The notice of application for leave must be filed together with any affidavit evidence on which the applicant

Cap 4A - THE RULES OF THE HIGH COURT 99

relies in support of the application. (3) Any previous applications for leave which the applicant has made under section 27 of the Ordinance, and

the results of those applications, must be listed in the notice of application.

3. Hearing and determination of application for leave (O. 32A, r. 3)

(1) An application for leave made under rule 2 may be determined by a single judge without the attendance of the applicant unless the judge gives directions for the hearing of the application.

(2) Where the judge gives directions for the hearing of the application, the hearing may be held in chambers. (3) Directions for the hearing of the application given under paragraph (2) may include an order that the notice

of application be served by the applicant on the Secretary for Justice and on any person against whom the applicant wishes to institute or continue the proceedings for which leave is being sought.

(4) The judge may give directions for further affidavit evidence to be supplied by the applicant before an order is made on the application.

(5) Without limiting the power of the judge to refuse the application, if the leave sought, or the grounds advanced, substantially repeat those submitted in support of a previous application which has been refused, the judge may make an order refusing the application.

(6) Where the applicant institutes the new proceedings or continues the proceedings for which leave has been granted, the applicant shall-

(a) file the order granting the leave, together with the instrument by which the proceedings are instituted or continued; and

(b) serve the order granting the leave on every other person who is a party to the proceedings, together with the instrument by which the proceedings are instituted or continued.

4. Service of order (O. 32A, r. 4)

(1) An order granting or refusing the leave sought or an order made pursuant to rule 3(3) must be sent to the applicant at the address given in the notice of application.

(2) The applicant shall forthwith after being sent an order granting the leave sought serve a copy of the order on the Secretary for Justice if he has been served with the notice of application pursuant to rule 3(3).

5. Setting aside grant of leave (O. 32A, r. 5)

(1) A person may apply to set aside a grant of leave if- (a) the leave allows the applicant to institute or continue proceedings against that person; and (b) the leave was granted other than at a hearing of which that person was given notice pursuant to a

direction given under rule 3. (2) An application under paragraph (1) must be made by an inter partes summons within 14 days after the order

granting the leave was served on the person under rule 3(6)(b).

6. Leave required for inspection of documents relating to application for leave under section 27A of the Ordinance (O. 32A, r. 6)

(1) A person may not without the leave of the Court inspect any document filed in the Registry relating to the application for leave under section 27A of the Ordinance.

(2) Leave may not be granted under paragraph (1) unless the Court is satisfied that there is reasonable ground for the inspection.

(3) Leave granted under paragraph (1) may be granted on such terms and conditions as the Court thinks just.

7. Transitional (O. 32A, r. 7)

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_________________________________________________________________________________________

Where, immediately before the commencement* of this Order, an application for an order or for leave under section 27 of the Ordinance as in force immediately before the commencement is pending, then the application is to be determined as if this Order had not been made.

(L.N. 152 of 2008)

Note: * Commencement day: 2 April 2009.

Order: 33 PLACE AND MODE OF TRIAL L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

TRIAL

1. Place of trial (O. 33, r. 1)

Subject to the provisions of these rules, the place of trial of a cause or matter, or of any question or issue arising therein, shall be determined by the Court and shall be either the High Court Building or such other place or places as may be authorized by the Chief Justice.

(25 of 1998 s. 2)

2. Mode of trial (O. 33, r. 2)

Subject to the provisions of these rules, a cause or matter, or any question or issue arising therein, may be tried before-

(a) a judge alone, or (b) a judge with a jury, or (c) a judge with the assistance of assessors, or (e) a master.

3. Time, etc. of trial of questions or issues (O. 33, r. 3)

The Court may order any question or issue arising in a cause or matter, whether of fact or law or partly of fact and partly of law, and whether raised by the pleadings or otherwise, to be tried before, at or after the trial of the cause or matter, and may give directions as to the manner in which the question or issue shall be stated.

4. Determining the place and mode of trial (O. 33, r. 4)

(1) In every action begun by writ, the Court shall by order determine the place and mode of the trial. (L.N. 152 of 2008)

(2) In any such action different questions or issues may be ordered to be tried at different places or by different modes of trial and one or more questions or issues may be ordered to be tried before the others.

(2A)In an action for personal injuries, the Court may at any stage of the proceedings and of its own motion make an order for the issue of liability to be tried before any issue or question concerning the amount of damages to be awarded and-

(a) notwithstanding the provisions of Order 42, rule 5(5), an order so made in the absence of the parties shall be drawn up by an officer of the Court who shall serve a copy of the order on every party; and

(b) where a party applies within 14 days after service of the order upon him, the Court may confirm or vary the order or set in aside. (L.N. 404 of 1991)

(4) Nothing in this rule affects the provisions of Order 103, rule 26, as to actions for the infringement of a patent.

4A. Split trial: offer on liability (O. 33, r. 4A)

(1) This rule applies where an order is made under rule 4(2) for the issue of liability to be tried before any issue

Cap 4A - THE RULES OF THE HIGH COURT 101

or question concerning the amount of damages to be awarded if liability is established. (2) After the making of an order to which paragraph (1) applies, any party against whom a finding of liability is

sought may (without prejudice to his defence) make a written offer to the other party to accept liability up to a specified proportion.

(3) Any offer made under the preceding paragraph may be brought to the attention of the Judge after the issue of liability has been decided, but not before.

5. Trial with jury (O. 33, r. 5)

(1) The provisions of rule 4(2) are, as respects any action and as respects any question of fact arising in such an action, subject to the provisions of section 33A of the Ordinance, but an application for trial with a jury under that section (the time for making which is, under that section, to be limited by rules of court) must be made before the place and mode of trial is fixed under rule 4. (L.N. 152 of 2008)

(2) The powers conferred by the said section 33A on a judge may be exercised by a master.

6. Trial with assistance of assessors (O. 33, r. 6)

A trial of a cause or matter with the assistance of assessors under section 53 of the Ordinance shall take place in such manner and on such terms as the Court may direct.

7. Dismissal of action, etc., after decision of preliminary issue (O. 33, r. 7)

If it appears to the Court that the decision of any question or issue arising in a cause or matter and tried separately from the cause or matter substantially disposes of the cause or matter or renders the trial of the cause or matter unnecessary, it may dismiss the cause or matter or make such other order or give such judgment therein as may be just. (See App. A, Form 48)

(Enacted 1988)

Order: 34 SETTING DOWN FOR TRIAL ACTION BEGUN BY WRIT

L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

1. Application and interpretation (O. 34, r. 1)

(1) This Order applies to actions begun by writ and, accordingly, references in this Order to an action shall be construed as references to an action so begun.

2. Time for setting down action (O. 34, r. 2)

(1) Unless the Court has fixed a trial date or a period in which the trial is to take place under Order 25, rule 1A(2)(b) or (3)(b), every order made in an action which provides for trial before a judge shall, whether the trial is to be with or without a jury, fix a period within which the plaintiff is to set down the action for trial. (L.N. 152 of 2008)

(2) Where the plaintiff does not, within the period fixed under paragraph (1), set the action down for trial, the defendant may set the action down for trial or may apply to the Court to dismiss the action for want of prosecution and, on the hearing of any such application, the Court may order the action to be dismissed accordingly or may make such order as it thinks just.

(3) Every order made in an action which provides for trial before a judge (otherwise than in the commercial list or in any list which may be specified for the purposes of this paragraph by directions under rule 4) shall contain an estimate of the length of the trial and, shall, subject to any such directions, specify the list in which the action is to be put.

3. Lodging documents when setting down (O. 34, r. 3)

(1) In order to set down for trial an action which is to be tried before a Judge, the party setting it down must

Cap 4A - THE RULES OF THE HIGH COURT 102

deliver to the Registrar, by post or otherwise, a request that the action may be set down for trial, together with a bundle (for the use of the judge) consisting of one copy each of the following documents that is to say-

(a) the writ, (b) the pleadings (including any affidavits ordered to stand as pleadings) any request or order for

particulars and the particulars given, (c) all orders made-

(i) pursuant to the questionnaire completed in accordance with Order 25, rule 1(1)(a); (ii) pursuant to a case management summons; and (iii) at a case management conference or pre-trial review, (L.N. 152 of 2008)

(d) the requisite legal aid documents, if any, and (L.N. 223 of 1995) (e) all witness statements served under the provisions of Order 38, rule 2A. (L.N. 223 of 1995)

(2) The said bundle must be bound up in the proper chronological order, save that voluntary particulars of any pleading and particulars to which Order 18, rule 12(7) applies shall be placed immediately after the pleading to which they relate.

(3) In this rule "the requisite legal aid documents" (必需的法律援助文件) means any documents which are required to be filed in the Registry under the Legal Aid Ordinance (Cap 91) or the regulations made thereunder. (L.N. 165 of 1992)

4. Directions relating to lists (O. 34, r. 4)

Nothing in this Order shall prejudice any powers of the Chief Justice to give directions- (a) specifying the lists in which actions, or actions of any class or description, are to be set down for trial

and providing for the keeping and publication of the lists; (b) providing for the determination of a date for the trial of any action which has been set down or a date

before which the trial thereof is not to take place; and (c) as to the making of applications (whether to the Court or an officer of the Court) to fix, vacate or alter

any such date, and, in particular, requiring any such application to be supported by an estimate of the length of the trial and any other relevant information.

8. Notification of setting down (O. 34, r. 8)

(1) A party to an action who sets it down for trial must, within 24 hours after doing so, notify the other parties to the action that he has done so.

(2) It shall be the duty of all parties to an action entered in any list to furnish without delay to the officer who keeps the list all available information as to the action being or being likely to be settled, or affecting the estimated length of the trial, and, if the action is settled or withdrawn, to notify that officer of the fact without delay and take such steps as may be necessary to withdraw the record.

(3) In performance of the duty imposed by paragraph (2), a plaintiff who gives notice of acceptance of a sanctioned payment or a sanctioned offer in accordance with Order 22, shall at the same time lodge a copy of the notice with the officer mentioned in that paragraph. (L.N. 152 of 2008)

9. Abatement, etc., of action (O. 34, r. 9)

(1) Where after an action has been set down for trial the action becomes abated, or the interest or liability of any party to the action is assigned or transmitted to or devolves on some other person, the solicitor for the plaintiff or other party having the conduct of the action must, as soon as practicable after becoming aware of it, certify the abatement or change of interest or liability and send the certificate to the officer who keeps the list, and that officer shall cause the appropriate entry to be made in the list of actions set down for trial.

(2) Where in any such list an action stands for one year marked as abated or ordered to stand over generally, the action shall on the expiration of that year be struck out of the list unless, in the case of an action ordered to stand over generally, the order otherwise provides.

(Enacted 1988)

Cap 4A - THE RULES OF THE HIGH COURT 103

Order: 35 PROCEDURE AT TRIAL L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

1. Failure to appear by both parties or one of them (O. 35, r. 1)

(1) If, when the trial of an action is called on, neither party appears, the action may be struck out of the list, without prejudice, however, to the restoration thereof, on the direction of a judge.

(2) If, when the trial of an action is called on, one party does not appear, the judge may proceed with the trial of the action or any counterclaim in the absence of that party.

2. Judgment, etc., given in absence of party may be set aside (O. 35, r. 2)

(1) Any judgment, order or verdict obtained where one party does not appear at the trial may be set aside by the Court, on the application of that party, on such terms as it thinks just.

(2) An application under this rule must be made within 7 days after the trial.

3. Adjournment of trial (O. 35, r. 3)

The judge may, if he thinks it expedient in the interest of justice, adjourn a trial for such time, and to such place, and upon such terms, if any, as he thinks fit.

3A. Time, etc. limits at trial (O. 35, r. 3A)

(1) At any time before or during a trial, the Court may by direction- (a) limit the time to be taken in examining, cross-examining or re-examining a witness; (b) limit the number of witnesses (including expert witnesses) that a party may call on a particular issue; (c) limit the time to be taken in making any oral submission; (d) limit the time to be taken by a party in presenting its case; (e) limit the time to be taken by the trial; and (f) vary a direction made under this rule.

(2) In deciding whether to make any such direction, the Court shall have regard to the following matters in addition to any other matters that may be relevant-

(a) the time limited for a trial must be reasonable; (b) any such direction must not detract from the principle that each party is entitled to a fair trial; (c) any such direction must not detract from the principle that each party must be given a reasonable

opportunity to lead evidence and cross-examine witnesses; (d) the complexity or simplicity of the case; (e) the number of witnesses to be called by the parties; (f) the volume and character of the evidence to be led; (g) the state of the Court lists; (h) the time expected to be taken for the trial; and (i) the importance of the issues and the case as a whole.

(L.N. 152 of 2008)

7. Order of speeches (O. 35, r. 7)

(1) The judge before whom an action is tried (whether with or without a jury) may give directions as to the party to begin and the order of speeches at the trial, and, subject to any such directions, the party to begin and the order of speeches shall be that provided by this rule.

(2) Subject to paragraph (6), the plaintiff shall begin by opening his case. (3) If the defendant elects not to adduce evidence, then, whether or not the defendant has in the course of cross-

Cap 4A - THE RULES OF THE HIGH COURT 104

examination of a witness for the plaintiff or otherwise put in a document, the plaintiff may, after the evidence on his behalf has been given, make a second speech closing his case and the defendant shall then state his case.

(4) If the defendant elects to adduce evidence, he may, after any evidence on behalf of the plaintiff has been given, open his case and, after the evidence on his behalf has been given, make a second speech closing his case, and at the close of the defendant's case the plaintiff may make a speech in reply.

(5) Where there are 2 or more defendants who appear separately or are separately represented, then- (a) if none of them elects to adduce evidence, each of them shall state his case in the order in which his

name appears on the record; (b) if each of them elects to adduce evidence, each of them may open his case and the evidence on behalf

of each of them shall be given in the order aforesaid and the speech of each of them closing his case shall be made in that order after the evidence on behalf of all the defendants has been given;

(c) if some of them elect to adduce evidence and some do not, those who do not shall state their cases in the order aforesaid after the speech of the plaintiff in reply to the other defendants.

(6) Where the burden of proof of all the issues in the action lies on the defendant or, where there are two or more defendants and they appear separately or are separately represented, on one of the defendants, the defendant or that defendant, as the case may be, shall be entitled to begin, and in that case paragraphs (2), (3) and (4) shall have effect in relation to, and as between, him and the plaintiff as if for references to the plaintiff and the defendant there were substituted references to the defendant and the plaintiff respectively.

(7) Where, as between the plaintiff and any defendant, the party who would, but for this paragraph, be entitled to make the final speech raises any fresh point of law in that speech or cites in that speech any authority not previously cited, the opposite party may make a further speech in reply, but only in relation to that point of law or that authority, as the case may be.

8. Inspection by judge or jury (O. 35, r. 8)

(1) The judge by whom any cause or matter is tried may inspect any place or thing with respect to which any question arises in the cause or matter.

(2) Where a cause or matter is tried with a jury and the judge inspects any place or thing under paragraph (1), he may authorize the jury to inspect it also.

9. Death of party before giving of judgment (O. 35, r. 9)

Where a party to any action dies after the verdict or finding of the issues of fact and before judgment is given, judgment may be given notwithstanding the death, but the foregoing provision shall not be taken as affecting the power of the judge to make an order under Order 15, rule 7(2), before giving judgment.

10. Certificate of judicial clerk (O. 35, r. 10)

At the conclusion of the trial of any action, the judicial clerk or other officer in attendance at the trial shall make a certificate in which he shall certify-

(a) the time actually occupied by the trial, (b) any order made by the judge under Order 38, rule 5 or 6, (c) every finding of fact by the jury, where the trial was with a jury, (d) the judgment given by the judge, and (e) any order made by the judge as to costs.

11. List of exhibits (O. 35, r. 11)

(1) The judicial clerk or other officer in attendance at the trial shall take charge of every document or object put in as an exhibit during the trial of any action and shall mark or label every exhibit with a letter or letters indicating the party by whom the exhibit is put in or the witness by whom it is proved, and with a number, so that all the exhibits put in by a party, or proved by a witness, are numbered in one consecutive series.

In this paragraph a witness by whom an exhibit is proved includes a witness in the course of whose evidence the exhibit is put in.

(2) The judicial clerk or other officer in attendance at the trial shall cause a list to be made of all the exhibits in

Cap 4A - THE RULES OF THE HIGH COURT 105

the action, and any party may, on payment of the prescribed fee, have an office copy of that list. (3) The list of exhibits when completed shall form part of the record of the action. (L.N. 103 of 1994) (4) For the purpose of this rule a bundle of documents may be treated and counted as one exhibit.

12. Exhibits retained by Registrar pending appeal (O. 35, r. 12)

(HK)(1) Unless the Court otherwise directs, the Registrar shall retain in his custody all exhibits duly marked and labelled until- (a) the expiration of the time limited by these rules for appealing to the Court of Appeal, or such extended

period therefor as may be allowed; and thereafter (b) in the event of an appeal to the Court of Appeal, the final disposal of such appeal; and thereafter (c) the expiration of the time limited by Order in Council for applying to the Court of Appeal for leave to

appeal to the Court of Final Appeal, or such extended period therefor as may be allowed; and thereafter

(d) in the event of the Court of Appeal or the Court of Final Appeal giving leave to appeal to the Court of Final Appeal, the non-fulfilment of any condition for such leave to appeal or the final disposal of such appeal.

(2) Unless the Court otherwise directs, upon the expiration of the time limited for retention of exhibits fixed under paragraph (1) it shall be the duty of every party to an action who has put in any exhibits, and where represented, of his solicitor on the record, to apply to the Registrar for the return of the exhibits and to collect the same.

(25 of 1998 s. 2)

13. Impounded documents (O. 35, r. 13)

(1) Documents impounded by order of the Court shall not be delivered out of the custody of the Court except in compliance with an order made by a judge on an application made by summons: Provided that where the Secretary for Justice makes a written request in that behalf, documents so impounded shall be delivered into his custody. (L.N. 362 of 1997; L.N. 152 of 2008)

(2) Documents impounded by order of the Court, while in the custody of the Court, shall not be inspected except by a person authorized to do so by an order signed by a judge.

(Enacted 1988)

Order: 36 TRIALS BEFORE, AND INQUIRIES BY, MASTER 25 of 1998 01/07/1997

Remarks: Adaptation amendments retroactively made - see 25 of 1998 s. 2

1. Trial before, and inquiry by, master (O. 36, r. 1)

(HK) In any cause or matter other than a criminal proceeding by the Crown, the Court may, with the consent of the parties, order that the cause or matter, or any question or issue of fact arising therein, be tried before a master or that the master do inquire and report thereon and, in the case of inquiry and report, giving consequential directions.

4. Power of master (O. 36, r. 4)

(1) Subject to any directions contained in the order made pursuant to rule 1- (a) the master shall for the purposes of the trial or inquiry (including any interlocutory application therein)

have the same jurisdiction, powers and duties (including the power of committal and discretion as to costs) as a judge, exercisable or, as the case may be, to be performed as nearly as circumstances admit, in the like cases, in the like manner and subject to the like limitations; and

(b) every trial and all other proceedings before a master shall, as nearly as circumstances admit, be conducted in the like manner as the like proceedings before a judge.

(2) Without prejudice to the generality of paragraph (1) but subject to any such directions as are mentioned therein the master before whom any cause or matter is tried shall have the like powers as the Court with respect to

Cap 4A - THE RULES OF THE HIGH COURT 106

claims relating to or connected with the original subject-matter of the cause or matter by any party thereto against any other person and Order 15, rule 5(2) and Order 16 shall with any necessary modifications apply in relation to any such claim accordingly.

9. Report on reference (O. 36, r. 9)

(1) The report made by a master in pursuance of a reference under rule 1 shall be made to the Court and notice thereof served on the parties to the reference.

(2) The master may in his report submit any question arising therein for the decision of the Court or make a special statement of facts from which the Court may draw such inferences as it thinks fit.

(3) On receipt of the master's report the Court may- (a) adopt the report in whole or in part; (b) vary the report; (c) require an explanation from him; (d) remit the whole or any part of the question or issue originally referred to him for further consideration

by him or any other master; or (e) decide the question originally referred to him on the evidence taken before him either with or without

additional evidence. (4) When the report of the master has been made, an application to vary the report or remit the whole or any

part of the question or issue originally referred may be made on the hearing by the Court of further consideration of the cause or matter, after giving not less than 4 days' notice thereof, and any other application with respect to the report may be made on that hearing without notice.

(Enacted 1988)

Order: 37 DAMAGES: ASSESSMENT AFTER JUDGMENT AND ORDERS FOR PROVISIONAL DAMAGES

L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

I. ASSESSMENT OF DAMAGES AFTER JUDGMENT

1. Assessment of damages by a master (O. 37, r. 1)

(1) Where judgment is given for damages to be assessed and no provision is made by the judgment as to how they are to be assessed, the damages shall, subject to the provisions of this Order, be assessed by a master, and the party entitled to the benefit of the judgment may, after obtaining the necessary appointment from a master and, at least 7 days before the date of the appointment, serving notice of the appointment on the party against whom the judgment is given, proceed accordingly. (HK)(1A) Upon judgment being given for damages to be assessed, the following directions shall, unless the Court directs otherwise, take effect automatically- (L.N. 383 of 1996)

(a) there shall be discovery of documents within 14 days in accordance with Order 24, rule 2, and inspection within 7 days thereafter in accordance with Order 24, rule 9;

(ab) each party shall serve on the other parties, within 6 weeks, written statements under Order 38, rule 2A of the oral evidence which the party intends to lead on any issues of fact to be decided at the trial; (L.N. 152 of 2008)

(b)-(d) (Repealed L.N. 152 of 2008) (e) photographs, plans and the contents of any police investigation report shall be receivable in evidence at

the hearing and shall be agreed if possible; (f) 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;

(g) at the time of making of the application for an appointment the master shall be notified of the estimated length of the assessment and any other matter which may affect the setting down of the assessment. (L.N. 363 of 1990)

(2) Notwithstanding anything in Order 65, rule 9, a notice under this rule must be served on the party against whom the judgment is given.

Cap 4A - THE RULES OF THE HIGH COURT 107

(3) The attendance of witnesses and the production of documents before a master in proceedings under this Order may be compelled by writ of subpoena, and the provisions of Order 35 shall, with the necessary adaptations, apply in relation to those proceedings as they apply in relation to proceedings at a trial.

(HK)1A. Assessment of costs as damages (O. 37, r. 1A)

Where damages to be assessed pursuant to a judgment to which this Order applies consist solely of costs claimed on an indemnity basis, such assessment shall proceed as for a taxation of costs under Order 62 and the provisions of that Order shall apply as if an order for taxation of costs on the indemnity basis had been made.

(L.N. 404 of 1991)

2. Certificate of amount of damages (O. 37, r. 2)

Where in pursuance of this Order or otherwise damages are assessed by a master, he shall certify the amount of the damages and the certificate shall, when judgment is entered, be filed in the Registry.

3. Default judgment against some but not all defendants (O. 37, r. 3)

Where any such judgment as is mentioned in rule 1 is given on failure to give notice of intention to defend or in default of defence, and the action proceeds against other defendants, the damages under the judgment shall be assessed at the trial unless the Court otherwise orders.

4. Power to order assessment at trial (O. 37, r. 4)

(1) Where judgment is given for damages to be assessed, the Court may- (d) order that the action shall proceed to trial before a judge (with or without a jury) as respects the

damages. (3) Where the Court orders that the action shall proceed to trial, Order 25, rules 2 to 7, shall, with the omission

of so much of rule 7(1) as requires the parties to serve a notice specifying the orders and directions which they desire and with any other necessary modifications, apply as if the application to the Court in pursuance of which the Court makes the order, were a case management summons under Order 25. (L.N. 152 of 2008)

5. Assessment of value (O. 37, r. 5)

The foregoing provisions of this Order shall apply in relation to a judgment for the value of goods to be assessed, with or without damages to be assessed, as they apply to a judgment for damages to be assessed, and references in those provisions to the assessment of damages shall be construed accordingly.

6. Assessment of damages to time of assessment (O. 37, r. 6)

Where damages are to be assessed (whether under this Order or otherwise) in respect of any continuing cause of action, they shall be assessed down to the time of the assessment.

II. ORDERS FOR PROVISIONAL DAMAGES FOR PERSONAL INJURES

7. Application and interpretation (O. 37, r. 7)

(1) This Part of this Order applies to actions to which section 56A of the Ordinance (in this Part of this Order referred to as "section 56A") applies.

(2) In this Part of this Order "award of provisional damages" (暫定損害賠償裁決) means an award of damages for personal injuries under which-

(a) damages are assessed on the assumption that the injured person will not develop the disease or suffer the deterioration referred to in section 56A; and

Cap 4A - THE RULES OF THE HIGH COURT 108

(b) the injured person is entitled to apply for further damages at a future date if he develops the disease or suffers the deterioration.

8. Order for provisional damages (O. 37, r. 8)

(1) The Court may on such terms as it thinks just and subject to the provisions of this rule make an award of provisional damages if-

(a) the plaintiff has pleaded a claim for provisional damages, and (b) the Court is satisfied that the action is one to which section 56A applies.

(2) An order for an award of provisional damages shall specify the disease or type of deterioration in respect of which an application may be made at a future date, and shall also, unless the Court otherwise determines, specify the period within which such application may be made.

(3) The Court may, on the application of the plaintiff made within the period, if any, specified in paragraph (2), by order extend that period if it thinks it just to do so, and the plaintiff may make more than one such application.

(4) An order for an award of provisional damages may be made in respect of more than one disease or type of deterioration and may in respect of each disease or deterioration specify a different period within which an application may be made at a future date.

(5) Orders 13 and 19 shall not apply in relation to an action in which the plaintiff claims provisional damages.

9. Offer to submit to an award (O. 37, r. 9)

(1) Where an application is made for an award of provisional damages, any defendant may at any time (whether or not he makes a payment into court) make a written offer to the plaintiff-

(a) to tender a sum of money (which may include an amount, to be specified, in respect of interest) in satisfaction of the plaintiff's claim for damages assessed on the assumption that the injured person will not develop the disease or suffer the deterioration referred to in section 56A and identifying the disease or deterioration in question; and (L.N. 404 of 1991)

(b) to agree to the making of an award of provisional damages. (2) Any offer made under paragraph (1) shall not be brought to the attention of the Court until after the Court

has determined the claim for an award of provisional damages. (3) Where an offer is made under paragraph (1), the plaintiff may, within 28 days after the offer was made, give

written notice to the defendant of his acceptance of the offer and shall on such acceptance make an application to the Court for an order in accordance with the provisions of rule 8(2). (L.N. 152 of 2008)

10. Application for award of further damages (O. 37, r. 10)

(1) This rule applies where the plaintiff, pursuant to an award of provisional damages, claims further damages. (2) No application for further damages may be made after the expiration of the period, if any, specified under

rule 8(2), or of such period as extended under rule 8(3). (3) The plaintiff shall give not less than three months' written notice to the defendant of his intention to apply

for further damages and, if the defendant is to the plaintiff's knowledge insured in respect of the plaintiff's claim, to the insurers.

(4) The plaintiff must take out a case management summons as to the future conduct of the action within 21 days after the expiry of the period of notice referred to in paragraph (3). (L.N. 152 of 2008)

(5) At the determination of the case management summons, the Court shall give such directions as may be appropriate for the future conduct of the action, including, but not limited to, the disclosure of medical reports and the place, mode and date of the hearing of the application for further damages. (L.N. 152 of 2008)

(6) Only one application for further damages may be made in respect of each disease or type of deterioration specified in the order for the award of provisional damages.

(7) The provisions of Order 29 with regard to the making of interim payments shall, with the necessary modifications, apply where an application is made under this rule.

(8) The Court may include in an award of further damages simple interest at such rate as it thinks fit on all or any part thereof for all or any part of the period between the date of notification of the plaintiff's intention to apply for further damages and the date of the award.

(Enacted 1988)

Cap 4A - THE RULES OF THE HIGH COURT 109

Order: 38 EVIDENCE L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

I. GENERAL RULES

1. General rule: witnesses to be examined orally (O. 38, r. 1)

Subject to the provisions of these rules and of the Evidence Ordinance (Cap 8) and any other written law relating to evidence, any fact required to be proved at the trial of any action begun by writ by the evidence of witnesses shall be proved by the examination of the witnesses orally and in open court.

2. Evidence by affidavit (O. 38, r. 2)

(1) The Court may, at or before the trial of an action begun by writ, order that the affidavit of any witness may be read at the trial if in the circumstances of the case it thinks it reasonable so to order.

(2) An order under paragraph (1) may be made on such terms as to the filing and giving of copies of the affidavits and as to the production of the deponents for cross-examination as the Court thinks fit but, subject to any such terms and to any subsequent order of the Court, the deponents shall not be subject to cross-examination and need not attend the trial for the purpose.

(3) In any cause or matter begun by originating summons, originating motion or petition, and on any application made by summons or motion, evidence may be given by affidavit unless in the case of any such cause, matter or application any provision of these rules otherwise provides or the Court otherwise directs, but the Court may, on the application of any party, order the attendance for cross-examination of the person making any such affidavit, and where, after such an order has been made, the person in question does not attend, his affidavit shall not be used as evidence without the leave of the Court.

2A. Exchange of witness statements (O. 38, r. 2A)

(1) The powers of the Court under this rule shall be exercised for the purpose of disposing fairly and expeditiously of the cause or matter before it, and saving costs, having regard to all the circumstances of the case, including (but not limited to)-

(a) the extent to which the facts are in dispute or have been admitted; (b) the extent to which the issues of fact are defined by the pleadings; (c) the extent to which information has been or is likely to be provided by further and better particulars,

answers to interrogatories or otherwise. (2) At the determination of a case management summons, in an action commenced by writ the Court shall

direct every party to serve on the other parties, within such period as the Court may specify and on such terms as the Court may specify, written statements of the oral evidence which the party intends to adduce on any issues of fact to be decided at the trial. (L.N. 152 of 2008)

The Court may give a direction to any party under this paragraph at any other stage of such an action and at any stage of any other cause or matter.

Order 3, rule 5(3) shall not apply to any period specified by the Court under this paragraph. (3) Directions under paragraph (2) or (17) may make different provision with regard to different issues of fact

or different witnesses. (4) Statements served under this rule shall-

(a) be dated and, except for good reason (which should be specified by letter accompanying the statement), be signed by the intended witness and must be verified by a statement of truth in accordance with Order 41A; (L.N. 152 of 2008)

(b) sufficiently identify any documents referred to therein; and (c) where they are to be served by more than one party, be exchanged simultaneously.

(5) Where a party is unable to obtain a written statement from an intended witness in accordance with paragraph (4)(a), the Court may direct the party wishing to adduce that witness's evidence to provide the other party

Cap 4A - THE RULES OF THE HIGH COURT 110

with the name of the witness and (unless the Court otherwise orders) a statement of the nature of the evidence intended to be adduced.

(6) Subject to paragraph (9), where the party serving a statement under this rule does not call the witness to whose evidence it relates, no other party may put the statement in evidence at the trial.

(7) Subject to paragraph (9), where the party serving the statement does call such a witness at the trial- (a) except where the trial is with a jury, the Court may, on such terms as it thinks fit, direct that the

statement served, or part of it, shall stand as the evidence in chief of the witness or part of such evidence;

(b) the witness may with the leave of the Court- (i) amplify his witness statement; and (ii) give evidence in relation to new matters which have arisen since the witness statement was

served on the other party; (L.N. 152 of 2008) (c) whether or not the statement or any part of it is referred to during the evidence in chief of the witness,

any party may put the statement or any part of it in cross-examination of that witness. (7A)The Court may grant leave under paragraph (7)(b) only if it considers that there is good reason not to

confine the evidence of the witness to the contents of his witness statement. (L.N. 152 of 2008) (8) Nothing in this rule shall make admissible evidence which is otherwise inadmissible. (9) Where any statement served is one to which the Evidence Ordinance (Cap 8) applies, paragraphs (6) and (7)

shall take effect subject to the provisions of that Ordinance and Parts III and IV of this Order. The service of a witness statement under this rule shall not, unless expressly so stated by the party serving the

same, be treated as a notice under that Ordinance; and where a statement or any part thereof would be admissible in evidence by virtue only of that Ordinance, the appropriate notice under Part III or IV of this Order shall be served with the statement notwithstanding any provision of those Parts as to the time for serving such a notice. (L.N. 152 of 2008)

(10) Where a party fails to comply with a direction for the exchange of witness statements he shall not be entitled to adduce evidence to which the direction related without the leave of the Court.

(11) Where a party serves a witness statement under this rule, no other person may make use of that statement for any purpose other than the purpose of the proceedings in which it was served-

(a) unless and to the extent that the party serving it gives his consent in writing or the Court gives leave; or (b) unless and to the extent that it has been put in evidence (whether pursuant to a direction under

paragraph (7)(a) or otherwise). (12) Subject to paragraph (13), the judge shall, if any person so requests during the course of the trial, direct the

Clerk of Court to certify as open to inspection any witness statement which was ordered to stand as evidence in chief under paragraph (7)(a).

A request under this paragraph may be made orally or in writing. (13) The judge may refuse to give a direction under paragraph (12) in relation to a witness statement, or may

exclude from such a direction any words or passages in a statement, if he considers that inspection should not be available-

(a) in the interests of justice or national security; (b) because of the nature of any expert medical evidence in the statement; or (c) for any other sufficient reason.

(14) Where the Clerk of Court is directed under paragraph (12) to certify a witness statement as open to inspection he shall-

(a) prepare a certificate which shall be attached to a copy ("the certified copy") of that witness statement; and

(b) make the certified copy available for inspection. (15) Subject to any conditions which the Court may by special or general direction impose, any person may

inspect and (subject to payment of the prescribed fee) take a copy of the certified copy of a witness statement from the time when the certificate is given until the end of 7 days after the conclusion of the trial.

(16) In this rule- (a) any reference in paragraphs (12) to (15) to a witness statement shall, in relation to a witness statement

of which only part has been ordered to stand as evidence in chief under paragraph (7)(a), be construed as a reference to that part;

(b) any reference to inspecting or copying the certified copy of a witness statement shall be construed as including a reference to inspecting or copying a copy of that certified copy.

(17) The Court shall have power to vary or override any of the provisions of this rule (except paragraphs (1), (8)

Cap 4A - THE RULES OF THE HIGH COURT 111

and (12) to (16)) and to give such alternative directions as it thinks fit. (L.N. 223 of 1995)

3. Evidence of particular facts (O. 38, r. 3)

(1) Without prejudice to rule 2, the Court may, at or before the trial of any action, order that evidence of any particular fact shall be given at the trial in such manner as may be specified by the order.

(2) The power conferred by paragraph (1) extends in particular to ordering that evidence of any particular fact may be given at the trial-

(a) by statement on oath of information or belief, or (b) by the production of documents or entries in books, or (c) by copies of documents or entries in books, or (d) in the case of a fact which is or was a matter of common knowledge either generally or in a particular

district, by the production of a specified newspaper which contains a statement of that fact.

4. Limitation of expert evidence (O. 38, r. 4)

The Court may, at or before the trial of any action, order that the number of medical or other expert witnesses who may be called at the trial shall be limited as specified by the order.

4A. Evidence by single joint expert (O. 38, r. 4A)

(1) In any action in which any question for an expert witness arises, the Court may, at or before the trial of the action, order 2 or more parties to the action to appoint a single joint expert witness to give evidence on that question.

(2) Where the parties cannot agree on who should be the joint expert witness, the Court may- (a) select the expert witness from a list prepared or identified by the parties; or (b) direct that the expert witness be selected in such manner as the Court may direct.

(3) Where an order is made under paragraph (1), the Court may give such directions as it thinks fit with respect to the terms and conditions of the appointment of the joint expert witness, including but not limited to the scope of instructions to be given to the expert witness and the payment of the expert witness's fees and expenses.

(4) Notwithstanding that a party to the action disagrees with the appointment of a single joint expert witness to give evidence, the Court may, subject to paragraph (6), make an order under paragraph (1) if it is satisfied that it is in the interests of justice to do so after taking into account all the circumstances of the case.

(5) The circumstances that the Court may take into account include but are not limited to- (a) whether the issues requiring expert evidence can readily be identified in advance; (b) the nature of those issues and the likely degree of controversy attaching to the expert evidence in

question; (c) the value of the claim and the importance of the issue on which expert evidence is sought, as compared

with the cost of employing separate expert witnesses to give evidence; (d) whether any party has already incurred expenses for instructing an expert who may be asked to give

evidence as an expert witness in the case; and (e) whether any significant difficulties are likely to arise in relation to-

(i) the choosing of the joint expert witness; (ii) the drawing up of his instructions; or (iii) the provision to him of the information and other facilities needed to perform his duties.

(6) Where a party to the action disagrees with the appointment of a single joint expert witness to give evidence, the Court shall not make an order under paragraph (1) unless the party has been given a reasonable opportunity to appear before the Court and to show cause why the order should not be made.

(7) Where the Court is satisfied that an order made under paragraph (1) is inappropriate, it may set aside the order and allow the parties concerned to appoint their own expert witnesses to give evidence.

(L.N. 152 of 2008)

5. Limitation of plans, etc., in evidence (O. 38, r. 5)

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Unless, at or before the trial, the Court for special reasons otherwise orders, no plan, photograph or model shall be receivable in evidence at the trial of an action unless at least 10 days before the commencement of the trial the parties, other than the party producing it, have been given an opportunity to inspect it and to agree to the admission thereof without further proof.

6. Revocation or variation of orders under rules 2 to 5 (O. 38, r. 6)

Any order under rules 2 to 5 (including an order made on appeal) may, on sufficient cause being shown, be revoked or varied by a subsequent order of the Court made at or before the trial.

7. Evidence of finding on foreign law (O. 38, r. 7)

(1) A party to any cause or matter who intends to adduce in evidence a finding or decision on a question of foreign law by virtue of section 59 of the Evidence Ordinance (Cap 8) shall-

(a) in the case of an action to which Order 25, rule 1, applies within 28 days after the pleadings in the action are deemed to be closed, and (L.N. 152 of 2008)

(b) in the case of any other cause or matter, within 21 days after the date on which an appointment for the first hearing of the cause or matter is obtained,

or in either case, within such other period as the Court may specify, serve notice of his intention on every other party to the proceedings.

(2) The notice shall specify the question on which the finding or decision was given or made and specify the document in which it is reported or recorded in citable form.

(3) In any cause or matter in which evidence may be given by affidavit, an affidavit specifying the matters contained in paragraph (2) shall constitute notice under paragraph (1) if served within the period mentioned in that paragraph.

8. Application to trials of issues, references, etc. (O. 38, r. 8)

The foregoing rules of this Order shall apply to trials of issues or questions of fact or law, references, inquiries and assessments of damages as they apply to the trial of actions.

9. Depositions: when receivable in evidence at trial (O. 38, r. 9)

(1) No deposition taken in any cause or matter shall be received in evidence at the trial of the cause or matter unless-

(a) the deposition was taken in pursuance of an order under Order 39, rule 1, and (b) either the party against whom the evidence is offered consents or it is proved to the satisfaction of the

Court that the deponent is dead, or beyond the jurisdiction of the Court or unable from sickness or other infirmity to attend the trial.

(2) A party intending to use any deposition in evidence at the trial of a cause or matter must, a reasonable time before the trial, give notice of his intention to do so to the other party.

(3) A deposition purporting to be signed by the person before whom it was taken shall be receivable in evidence without proof of the signature being the signature of that person.

10. High Court documents admissible or receivable in evidence (O. 38, r. 10)

(1) Office copies of writs, records, pleadings and documents filed in the High Court shall be admissible in evidence in any cause or matter and between all parties to the same extent as the original would be admissible.

(2) Without prejudice to the provisions of any enactment, every document purporting to be sealed with the seal of any office or department of the High Court shall be received in evidence without further proof, and any document purporting to be so sealed and to be a copy of a document filed in, or issued out of, that office or department shall be

Cap 4A - THE RULES OF THE HIGH COURT 113

deemed to be an office copy of that document without further proof unless the contrary is shown. (25 of 1998 s. 2)

11. Evidence of consent of new trustee to act (O. 38, r. 11)

A document purporting to contain the written consent of a person to act as trustee and to bear his signature verified by some other person shall be evidence of such consent.

12. Evidence at trial may be used in subsequent proceedings (O. 38, r. 12)

Any evidence taken at the trial of any cause or matter may be used in any subsequent proceedings in that cause or matter.

13. Order to produce document at proceeding other than trial (O. 38, r. 13)

(1) At any stage in a cause or matter the Court may order any person to attend any proceeding in the cause or matter and produce any document, to be specified or described in the order, the production of which appears to the Court to be necessary for the purpose of that proceeding.

(2) No person shall be compelled by an order under paragraph (1) to produce any document at a proceeding in a cause or matter which he could not be compelled to produce at the trial of that cause or matter.

II. WRITS OF SUBPOENA

14. Form and issue of writ of subpoena (O. 38, r. 14)

(1) A writ of subpoena must be in Form No. 28 or 29 in Appendix A, whichever is appropriate. (2) Issue of a writ of subpoena takes place upon its being sealed by an officer of the Court. (3) Where a writ of subpoena is to be issued in a cause or matter in the Court, the appropriate office for the

issue of the writ is the Registry. (HK)(5) Before a writ of subpoena is issued a praecipe for the issue of the writ must be filed in the Registry together with a note from a judge or master authorizing the issue of such writ and the sum of $500 shall be deposited in the Registry, in addition to any fee payable in respect of such issue, as a deposit in respect of the witness' reasonable expenses; and the praecipe must contain the name and address of the party issuing the writ, if he is acting in person, or the name or firm and business address of that party's solicitor and also (if the solicitor is the agent of another) the name or firm and business address of his principal. (HK)(6) In any proceedings, whether in chambers or in court, the Court may order the reimbursement by one or more of the parties to a witness who has been served with a writ of subpoena in respect of any expenses reasonably and properly incurred by that witness. (HK)(7) Any expenses so ordered by the Court to be paid shall be assessed by the Court making the order or, if no such assessment is made by the Court, shall be taxed (if not agreed) and paid by the party ordered to make such payment. (HK)(8) A witness whose expenses have been ordered to be paid may, if the party ordered to make such payment is the party who made the deposit on issue of the writ of subpoena, recover such expenses, after assessment, agreement or taxation, from the said deposit and look to the party liable to make such payment for the balance, if any. (HK)(9) The deposit (or such part of it as shall remain after payment to the witness under rule 14(8)) shall be refunded to the party that paid the deposit if-

(a) that party was not ordered to pay the costs of the witness; or (b) that party was ordered to pay the costs of the witness and has effected payment of such costs after

assessment, agreement or taxation.

15. More than one name may be included in one writ of subpoena (O. 38, r. 15)

Cap 4A - THE RULES OF THE HIGH COURT 114

The names of two or more persons may be included in one writ of subpoena ad testificandum.

16. Amendment of writ of subpoena (O. 38, r. 16)

Where there is a mistake in any person's name or address in a writ of subpoena, then, if the writ has not been served, the party by whom the writ was issued may have the writ re-sealed in correct form by filing a second praecipe under rule 14(5) endorsed with the words "Amended and re-sealed".

17. Service of writ of subpoena (O. 38, r. 17)

A writ of subpoena must be served personally and, subject to rule 19, the service shall not be valid unless effected within 12 weeks after the date of issue of the writ and not less than four days, or such other period as the Court may fix, before the day on which attendance before the Court is required.

18. Duration of writ of subpoena (O. 38, r. 18)

Subject to rule 19, a writ of subpoena continues to have effect until the conclusion of the trial at which the attendance of the witness is required.

19. Writ of subpoena in aid of inferior court or tribunal (O. 38, r. 19)

(1) The office of the Court out of which a writ of subpoena ad testificandum or a writ of subpoena duces tecum in aid of an inferior court or tribunal may be issued is the Registry, and no order of the Court for the issue of such a writ is necessary.

(2) A writ of subpoena in aid of an inferior court or tribunal continues to have effect until the disposal of the proceedings before that court or tribunal at which the attendance of the witness is required.

(3) A writ of subpoena issued in aid of an inferior court or tribunal must be served personally. (4) Unless a writ of subpoena issued in aid of an inferior court or tribunal is duly served on the person to whom

it is directed not less than 4 days, or such other period as the Court may fix, before the day on which the attendance of that person before the court or tribunal is required by the writ, that person shall not be liable to any penalty or process for failing to obey the writ.

(5) An application to set aside a writ of subpoena issued in aid of an inferior court or tribunal may be heard by a master.

III. HEARSAY EVIDENCE

20. Application and interpretation (O. 38, r. 20)

(1) In this Part of this Order "the Ordinance" (條例 ) means the Evidence Ordinance (Cap 8) and any expressions used in this Part and in Part IV of the Ordinance have the same meanings in this Part as they have in the said Part IV.

(2) This Part of this Order shall apply in relation to the trial or hearing of an issue or question arising in a cause or matter, and to a reference, inquiry and assessment of damages, as it applies in relation to the trial or hearing of a cause or matter.

(3) In this Part- "hearsay evidence" (傳聞證據) means evidence consisting of hearsay within the meaning of section 46 of the

Ordinance. (2 of 1999 s. 6)

21. Power to call witness for cross-examination on hearsay evidence and to call additional evidence to attack or support hearsay evidence (O. 38, r. 21)

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(1) Where a party tenders as hearsay evidence a statement made by a person but does not propose to call the person who made the statement to give evidence, the Court may, on application-

(a) allow another party to call and cross-examine the person who made the statement on its contents; (b) allow any party to call-

(i) additional evidence to attack or support the reliability of the statement; (ii) additional evidence to attack or support that first-mentioned additional evidence.

(2) Where the Court allows another party to call and cross-examine the person who made the statement, it may give such directions as it thinks fit to secure the attendance of that person and as to the procedure to be followed.

(2 of 1999 s. 6)

22. Powers exercisable in chambers (O. 38, r. 22)

The jurisdiction of the Court under rules 20 and 21 may be exercised in chambers. (2 of 1999 s. 6)

23-34. (Repealed 2 of 1999 s. 6)

IV. EXPERT EVIDENCE

35. Interpretation (O. 38, r. 35)

(1) Expressions used in this Part of this Order which are used in the Evidence Ordinance (Cap 8) have the same meanings in this Part of this Order as in that Ordinance. (L.N. 152 of 2008)

(2) A reference to an expert witness in this Part or Appendix D is a reference to an expert who has been instructed to give or prepare evidence for the purpose of proceedings in the Court. (L.N. 152 of 2008)

35A. Expert witness's overriding duty to Court (O. 38, r. 35A)

(1) It is the duty of an expert witness to help the Court on the matters within his expertise. (2) The duty under paragraph (1) overrides any obligation to the person from whom the expert witness has

received instructions or by whom he is paid. (L.N. 152 of 2008)

36. Restrictions on adducing expert evidence (O. 38, r. 36)

(1) Except with the leave of the Court or where all parties agree, no expert evidence may be adduced at the trial or hearing of any cause or matter unless the party seeking to adduce the evidence-

(a) has applied to the Court to determine whether a direction should be given under rule 37 or 41 (whichever is appropriate) and has complied with any direction given on the application. (L.N. 152 of 2008)

(b)-(c) (Repealed L.N. 152 of 2008) (2) Nothing in paragraph (1) shall apply to evidence which is permitted to be given by affidavit or shall affect

the enforcement under any other provision of these rules (except of Order 45, rule 5) of a direction given under this Part of this Order.

(L.N. 363 of 1990)

37. Direction that expert report be disclosed (O. 38, r. 37)

(1) Subject to paragraph (2), where in any cause or matter an application is made under rule 36(1) in respect of oral expert evidence, then, unless the Court considers that there are special reasons for not doing so, it shall direct that the substance of the evidence be disclosed in the form of a written report or reports to such other parties and within such period as the Court may specify. (L.N. 404 of 1991)

(2) Nothing in paragraph (1) shall require a party to disclose a further medical report if he proposes to rely at

Cap 4A - THE RULES OF THE HIGH COURT 116

the trial only on the report provided pursuant to Order 18, rule 12(1A) or (1B) but, where a party claiming damages for personal injuries discloses a further report, that report shall be accompanied by a statement of the special damages claimed and, in this paragraph, "a statement of the special damages claimed" (關於所申索的專項損害賠償的陳述書) has the same meaning as in Order 18, rule 12(1C). (L.N. 404 of 1991)

37A. Expert report to be verified by statement of truth (O. 38, r. 37A)

An expert report disclosed under these rules must be verified by a statement of truth in accordance with Order 41A.

(L.N. 152 of 2008)

37B. Duty to provide expert witness with copy of code of conduct (O. 38, r. 37B)

(1) A party who instructs an expert witness shall as soon as practicable provide the expert witness with a copy of the code of conduct set out in Appendix D.

(2) Where the Court has under rule 4A(1) ordered that 2 or more parties shall appoint a single joint expert witness, paragraph (1) applies to each of the parties.

(3) If the instruction is in writing, it must be accompanied by a copy of the code of conduct set out in Appendix D.

(L.N. 152 of 2008)

37C. Expert witness's declaration of duty to Court (O. 38, r. 37C)

(1) An expert report disclosed under these rules is not admissible in evidence unless the report contains a declaration by the expert witness that-

(a) he has read the code of conduct set out in Appendix D and agrees to be bound by it; (b) he understands his duty to the Court; and (c) he has complied with and will continue to comply with that duty.

(2) Oral expert evidence is not admissible unless the expert witness has declared, whether orally or in writing or otherwise, that-

(3) Paragraph (1) does not apply to a report that was disclosed under rule 37 before the commencement* of this rule.

(L.N. 152 of 2008)

38. Meeting of experts (O. 38, r. 38)

In any cause or matter the Court may, if it thinks fit, direct that there be a meeting "without prejudice" of such experts within such periods before or after the disclosure of their reports as the Court may specify, for the purpose of identifying those parts of their evidence which are in issue. Where such a meeting takes place the experts may prepare a joint statement indicating those parts of their evidence on which they are, and those on which they are not, in agreement.

39. Disclosure of part of expert evidence (O. 38, r. 39)

Where the Court considers that any circumstances rendering it undesirable to give a direction under rule 37 relate to part only of the evidence sought to be adduced, the Court may, if it thinks fit, direct disclosure of the

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_________________________________________________________________________________________

remainder.

41. Expert evidence contained in statement (O. 38, r. 41)

Where an application is made under rule 36 in respect of expert evidence contained in a statement and the applicant alleges that the maker of the statement cannot or should not be called as a witness, the Court may direct that the provisions of rules 20 to 22 inclusive shall apply with such modifications as the Court thinks fit.

(L.N. 152 of 2008)

42. Putting in evidence expert report disclosed by another party (O. 38, r. 42)

A party to any cause or matter may put in evidence any expert report disclosed to him by any other party in accordance with this Part of this Order.

43. Time for putting expert report in evidence (O. 38, r. 43)

Where a party to any cause or matter calls as a witness the maker of an expert report which has been disclosed under these rules, the report may be put in evidence at the commencement of the examination in chief of its maker or at such other time as the Court may direct.

(L.N. 152 of 2008)

44. Revocation and variation of directions (O. 38, r. 44)

Any direction given under this Part of this Order may on sufficient cause being shown be revoked or varied by a subsequent direction given at or before the trial of the cause or matter.

(Enacted 1988)

Note: * Commencement day: 2 April 2009.

Order: 39 EVIDENCE BY DEPOSITION: EXAMINERS OF THE COURT

L.N. 362 of 1997; 25 of 1998

01/07/1997

Remarks: Adaptation amendments retroactively made - see 25 of 1998 s. 2

1. Power to order depositions to be taken (O. 39, r. 1)

(1) The Court may, in any cause or matter where it appears necessary for the purposes of justice, make an order (in Form No. 32 in Appendix A) for the examination on oath before a judge, an officer or examiner of the Court or some other person, at any place, of any person. (See also App. A, Form 31)

(2) An order under paragraph (1) may be made on such terms (including, in particular, terms as to the giving of discovery before the examination takes place) as the Court thinks fit and may contain an order for the production of any document which appears to the Court to be necessary for the purposes of the examination.

2. Where person to be examined is out of the jurisdiction (O. 39, r. 2)

(1) Where the person in relation to whom an order under rule 1 is required is out of the jurisdiction, an application may be made-

(a) for an order (in Form No. 34 in Appendix A) under that rule for the issue of a letter of request to the judicial authorities of the country in which that person is to take, or cause to be taken, the evidence of that person, or (See also App. A, Form 33)

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(b) if the government of that country allows a person in that country to be examined before a person appointed by the Court, for an order (in Form No. 37 in Appendix A) under that rule appointing a special examiner to take the evidence of that person in that country. (See also App. A, Form 36)

(2) An application may be made for the appointment as special examiner of a British consul in the country in which the evidence is to be taken or his deputy-

(a) if there subsists with respect to that country a Civil Procedure Convention providing for the taking of the evidence of any person in that country for the assistance of proceedings in the Court, or

(b) with the consent of the Chief Secretary for Administration. (L.N. 362 of 1997)

3. Order for issue of letter of request (O. 39, r. 3)

(1) Where an order is made under rule 1 for the issue of a letter of request to the judicial authorities of a country to take, or cause to be taken, the evidence of any person in that country the following provisions of this rule shall apply.

(2) The party obtaining the order must prepare the letter of request and lodge it in the Registry, and the letter must be in Form No. 35 in Appendix A, with such variations as the order may require.

(3) If the evidence of the person to be examined is to be obtained by means of written questions, there must be lodged with the letter of request a copy of the interrogatories and cross-interrogatories to be put to him on examination.

(4) Each document lodged under paragraph (2) or (3) must be accompanied by a translation of the document in the official language of the country in which the examination is to be taken 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 the examination is to be taken unless-

(a) the Registrar has given a general direction in relation to that country that no translation need be provided, or

(b) the official language or one of the official languages of that country is English. (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) The party obtaining the order must, when he lodges in the Registry the documents mentioned in paragraphs (2) to (5), also file in that office an undertaking signed by him or his solicitor to be responsible personally for all expenses incurred by the Chief Secretary for Administration in respect of the letter of request 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. (L.N. 362 of 1997)

3A. Examination otherwise than on oath (O. 39, r. 3A)

Notwithstanding the provisions of rule 1, where the person to be examined is out of the jurisdiction that person may be examined on oath or affirmation or otherwise in accordance with the procedure of the country in which the examination is to take place.

4. Enforcing attendance of witness at examination (O. 39, r. 4)

Where an order has been made under rule 1- (a) for the examination of any person before an officer of the Court or some other person (in this rule and

rules 5 to 14 referred to as "the examiner"), or (b) for the cross-examination before the examiner of any person who has made an affidavit which is to be

used in any cause or matter, the attendance of that person before the examiner and the production by him of any document at the examination may be enforced by writ of subpoena in like manner as the attendance of a witness and the production by a witness of a document at a trial may be enforced.

5. Refusal of witness to attend, be sworn, etc. (O. 39, r. 5)

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(1) If any person, having been duly summoned by writ of subpoena to attend before the examiner, refuses or fails to attend or refuses to be sworn for the purpose of the examination or to answer any lawful question or produce any document therein, a certificate of his refusal or failure, signed by the examiner, must be filed in the Registry, and upon the filing of the certificate the party by whom the attendance of that person was required may apply to the Court for an order requiring that person to attend, or to be sworn, or to answer any question or produce any document, as the case may be.

(2) An application for an order under this rule may be made ex parte. (3) If the Court makes an order under this rule it may order the person against whom the order is made to pay

any costs occasioned by his refusal or failure. (4) A person who wilfully disobeys any order made against him under paragraph (1) is guilty of contempt of

court.

6. Appointment of time and place for examination (O. 39, r. 6)

(1) The examiner must give the party on whose application the order for examination was made by a notice appointing the place and time at which, subject to any application by the parties, the examination shall be taken, and such time shall, having regard to the convenience of the persons to be examined and all the circumstances of the case, be as soon as practicable after the making of the order.

(2) The party to whom a notice under paragraph (1) is given must, on receiving it, forthwith give notice of the appointment to all the other parties.

7. Examiner to have certain documents (O. 39, r. 7)

The party on whose application the order for examination before the examiner was made must furnish the examiner with copies of such of the documents in the cause or matter as are necessary to inform the examiner of the questions at issue in the cause or matter.

8. Conduct of examination (O. 39, r. 8)

(1) Subject to any directions contained in the order for examination- (a) any person ordered to be examined before the examiner may be cross-examined and re-examined, and (b) the examination, cross-examination and re-examination of persons before the examiner shall be

conducted in like manner as at the trial of a cause or matter. (2) The examiner may put any question to any person examined before him as to the meaning of any answer

made by that person or as to any matter arising in the course of the examination. (3) The examiner may, if necessary, adjourn the examination from time to time.

9. Examination of additional witnesses (O. 39, r. 9)

The examiner may, with the written consent of all the parties to the cause or matter, take the examination of any person in addition to those named or provided for in the order for examination, and must annex such consent to the original deposition of that person.

10. Objection to questions (O. 39, r. 10)

(1) If any person being examined before the examiner objects to answer any question put to him, or if objection is taken to any such question, that question, the ground for the objection and the answer to any such question to which objection is taken must be set out in the deposition of that person or in a statement annexed thereto.

(2) The validity of the ground for objecting to answer any such question or for objecting to any such question shall be decided by the Court and not by the examiner, but the examiner must state to the parties his opinion thereon, and the statement of his opinion must be set out in the deposition or in a statement annexed thereto.

(3) If the Court decides against the person taking the objection it may order him to pay the costs occasioned by his objection.

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11. Taking of depositions (O. 39, r. 11)

(1) The deposition of any person examined before the examiner must be taken down by the examiner or a shorthand writer or some other person in the presence of the examiner but, subject to paragraph (2) and rule 10(1), the deposition need not set out every question and answer so long as it contains as nearly as may be the statement of the person examined.

(2) The examiner may direct the exact words of any particular question and the answer thereto to be set out in the deposition if that question and answer appear to him to have special importance.

(3) The deposition of any person shall be read to him, and he shall be asked to sign it, in the presence of such of the parties as may attend, but the parties may agree in writing to dispense with the foregoing provision. If a person refuses to sign a deposition when asked under this paragraph to do so, the examiner must sign the deposition.

(4) The original deposition of any person, authenticated by the signature of the examiner before them it was taken, must be sent by the examiner to the Registry and shall be filed therein.

12. Time taken by examination to be indorsed on depositions (O. 39, r. 12)

Before sending any deposition to the Registry under rule 11(4) the examiner must indorse on the deposition a statement signed by him of the time occupied in taking the examination and the fees received in respect thereof.

13. Special report by examiner (O. 39, r. 13)

The examiner may make a special report to the Court with regard to any examination taken before him and with regard to the absence or conduct of any person thereat, and the Court may direct such proceedings to be taken, or make such order, on the report as it thinks fit.

14. Order for payment of examiner's fees (O. 39, r. 14)

(1) If the fees and expenses due to an examiner are not paid he may report that fact to the Court, and the Court may direct the Law Officer (Civil Law) to apply for an order against the party on whose application the order for examination was made to pay the examiner the fees and expenses due to him in respect of the examination. (L.N. 362 of 1997)

(2) An order under this rule shall not prejudice any determination on the taxation of costs or otherwise as to the party by whom the costs of the examination are ultimately to be borne.

15. Perpetuation of testimony (O. 39, r. 15)

(1) Witnesses shall not be examined to perpetuate testimony unless an action has been begun for the purpose. (2) Any person who would under the circumstances alleged by him to exist become entitled, upon the

happening of any future event, to any honour, title, dignity or office, or to any estate or interest in any real or personal property, the right or claim to which cannot be brought to trial by him before the happening of such event, may begin an action to perpetuate any testimony which may be material for establishing such right or claim.

(3) No action to perpetuate the testimony of witnesses shall be set down for trial. (Enacted 1988)

Order: 40 COURT EXPERT 25 of 1998 01/07/1997

Remarks: Adaptation amendments retroactively made - see 25 of 1998 s. 2

1. Appointment of expert to report on certain questions (O. 40, r. 1)

(1) In any cause or matter which is to be tried without a jury and in which any question for an expert witness arises the Court may at any time, on the application of any party, appoint an independent expert or, if more than one

Cap 4A - THE RULES OF THE HIGH COURT 121

such question arises, 2 or more such experts, to inquire and report upon any question of fact or opinion not involving questions of law or of construction.

An expert appointed under this paragraph is referred to in this Order as a "court expert". (2) Any court expert in a cause or matter shall, if possible, be a person agreed between the parties and, failing

agreement, shall be nominated by the Court. (3) The question to be submitted to the court expert and the instructions (if any) given to him shall, failing

agreement between the parties, be settled by the Court. (4) In this rule "expert" (專家), in relation to any question arising in a cause or matter, means any person who

has such knowledge or experience of or in connection with that question that his opinion on it would be admissible in evidence.

2. Report of court expert (O. 40, r. 2)

(1) The court expert must send his report to the Court, together with such number of copies thereof as the Court may direct, and the Registrar must send copies of the report to the parties or their solicitors.

(2) The Court may direct the court expert to make a further or supplemental report. (3) Any part of a court expert's report which is not accepted by all the parties to the cause or matter in which it

is made shall be treated as information furnished to the Court and be given such weight as the Court thinks fit.

3. Experiments and tests (O. 40, r. 3)

If the court expert is of opinion that an experiment or test of any kind (other than one of a trifling character) is necessary to enable him to make a satisfactory report he shall inform the parties or their solicitors and shall, if possible, make an arrangement with them as to the expenses involved, the persons to attend and other relevant matters; and if the parties are unable to agree on any of those matters it shall be settled by the Court.

4. Cross-examination of court expert (O. 40, r. 4)

Any party may, within 14 days after receiving a copy of the court expert's report, apply to the Court for leave to cross-examine the expert on his report, and on that application the Court shall make an order for the cross-examination of the expert by all the parties either- (L.N. 126 of 1995)

(a) at the trial, or (b) before an examiner at such time and place as may be specified in the order.

5. Remuneration of court expert (O. 40, r. 5)

(1) The remuneration of the court expert shall be fixed by the Court and shall include a fee for his report and a proper sum for each day during which he is required to be present either in court or before an examiner.

(2) Without prejudice to any order providing for payment of the court expert's remuneration as part of the costs of the cause or matter, the parties shall be jointly and severally liable to pay the amount fixed by the Court for his remuneration, but where the appointment of a court expert is opposed the Court may, as a condition of making the appointment, require the party applying for the appointment to give such security for the remuneration of the expert as the Court thinks fit.

6. Calling of expert witnesses (O. 40, r. 6)

Where a court expert is appointed in a cause or matter, any party may, on giving to the other parties a reasonable time before the trial notice of his intention to do so, call one expert witness to give evidence on the question reported on by the court expert but no party may call more than one such witness without the leave of the Court, and the Court shall not grant leave unless it considers the circumstances of the case to be exceptional.

(Enacted 1988)

Order: 41 AFFIDAVITS 25 of 1998 01/07/1997

Remarks:

Cap 4A - THE RULES OF THE HIGH COURT 122

Adaptation amendments retroactively made - see 25 of 1998 s. 2

1. Form of affidavit (O. 41, r. 1)

(1) Subject to paragraphs (2) and (3), every affidavit sworn in a cause or matter must be entitled in that cause or matter.

(2) Where a cause or matter is entitled in more than one matter, it shall be sufficient to state the first matter followed by the words "and other matters", and where a cause or matter is entitled in a matter or matters and between parties, that part of the title which consists of the matter or matters may be omitted.

(3) Where there are more plaintiffs than one, it shall be sufficient to state the full name of the first followed by the words "and others", and similarly with respect to defendants.

(4) Every affidavit must be expressed in the first person and, unless the Court otherwise directs, must state the place of residence of the deponent and his occupation or, if he has none, his description, and if he is, or is employed by, a party to the cause or matter in which the affidavit is sworn, the affidavit must state that fact. In the case of a deponent who is giving evidence in a professional, business or other occupational capacity the affidavit may, instead of stating the deponent's place of residence, state the address at which he works, the position he holds and the name of his firm or employer, if any.

(5) Whether or not both sides of the paper are used, the printed, written or typed sides of the paper of every affidavit must be numbered consecutively.

(6) Every affidavit must be divided into paragraphs numbered consecutively, each paragraph being as far as possible confined to a distinct portion of the subject.

(7) Dates, sums and other numbers must be expressed in an affidavit in figures and not in words. (8) Every affidavit must be signed by the deponent and the jurat must be completed and signed by the person

before whom it is sworn. (HK)(9) Where any affidavit has been interpreted to the deponent before being sworn it shall contain a statement to that effect, state the name and address of the person who interpreted it, and be signed by him.

2. Affidavit by 2 or more deponents (O. 41, r. 2)

Where an affidavit is made by 2 or more deponents, the names of the persons making the affidavit must be inserted in the jurat except that, if the affidavit is sworn by both or all the deponents at one time before the same person, it shall be sufficient to state that it was sworn by both (or all) of the "above named" deponents.

3. Affidavit by illiterate or blind person (O. 41, r. 3)

Where it appears to the person administering the oath that the deponent is illiterate or blind, he must certify in the jurat that-

(a) the affidavit was read in his presence to the deponent, (b) the deponent seemed perfectly to understand it, and (c) the deponent made his signature or mark in his presence;

and the affidavit shall not be used in evidence without such a certificate unless the Court is otherwise satisfied that it was read to and appeared to be perfectly understood by the deponent.

4. Use of defective affidavit (O. 41, r. 4)

An affidavit may, with the leave of the Court, be filed or used in evidence notwithstanding any irregularity in the form thereof.

5. Contents of affidavit (O. 41, r. 5)

(1) Subject to Order 14, rules 2(2) and 4(2), to Order 86, rule 2(1), to paragraph (2) of this rule and to any order made under Order 38, rule 3, an affidavit may contain only such facts as the deponent is able of his own knowledge to prove.

(2) An affidavit sworn for the purpose of being used in interlocutory proceedings may contain statements of information or belief with the sources and grounds thereof.

Cap 4A - THE RULES OF THE HIGH COURT 123

6. Scandalous, etc., matter in affidavit (O. 41, r. 6)

The Court may order to be struck out of any affidavit any matter which is scandalous, irrelevant or otherwise oppressive.

7. Alterations in affidavits (O. 41, r. 7)

(1) An affidavit which has in the jurat or body thereof any interlineation, erasure or other alteration shall not be filed or used in any proceeding without the leave of the Court unless the person before whom the affidavit was sworn has initialled the alteration and, in the case of an erasure, has re-written in the margin of the affidavit any words or figures written on the erasure and has signed or initialled them.

(2) Where an affidavit is sworn at the Registry, the Seal of the Court may be substituted for the signature or initials required by this rule.

8. Affidavit not to be sworn before solicitor of party, etc. (O. 41, r. 8)

No affidavit shall be sufficient if sworn before the solicitor of the party on whose behalf the affidavit is to be used or before any agent, partner or clerk of that solicitor.

9. Filing of affidavits (O. 41, r. 9)

(4) Every affidavit used in a cause or matter proceeding in the Court must be filed in the Registry. (5) Every affidavit must be indorsed with a note showing on whose behalf it is filed and the dates of swearing

and filing, and an affidavit which is not so indorsed may not be filed or used without the leave of the Court.

10. Use of original affidavit or office copy (O. 41, r. 10)

(1) Subject to paragraph (2), an original affidavit may be used without the leave of the Court, notwithstanding that it has not been filed in accordance with rule 9.

(2) Where an original affidavit is used then, unless the party whose affidavit it is undertakes to file it, he must immediately after it is used leave it with the judicial clerk in court or chambers, as the case may be, who shall send it to be filed.

(3) Where an affidavit has been filed, an office copy thereof may be used in any proceedings.

11. Document to be used in conjunction with affidavit to be exhibited to it (O. 41, r. 11)

(1) Any document to be used in conjunction with an affidavit must be exhibited, and not annexed, to the affidavit.

(2) Any exhibit to an affidavit must be identified by a certificate of the person before whom the affidavit is sworn.

The certificate must be entitled in the same manner as the affidavit and rule 1(1), (2) and (3) shall apply accordingly.

12. Affidavit taken in Commonwealth or foreign country admissible without proof of seal, etc. (O. 41, r. 12)

(1) Any affidavit sworn in any part of the Commonwealth outside Hong Kong before any judge, officer or other person duly authorized, or before any commissioner authorized by the Court, to take affidavits therein, may be used in the Court in all cases where affidavits are admissible.

(2) Any affidavit sworn in any foreign parts out of Her Majesty's dominions before a judge or magistrate, being authenticated by the official seal of the foreign court to which he is attached or of such magistrate, or before a notary public or a British consular officer, may be used in the Court in all cases where affidavits are admissible.

Cap 4A - THE RULES OF THE HIGH COURT 124

(3) The fact that an affidavit purports to have been sworn in the manner prescribed by paragraph (1) or (2) of this rule shall be prima facie evidence of the seal or signature, as the case may be, of any such court, judge, magistrate, commissioner or other officer or person therein mentioned, appended or subscribed to such affidavit, and of the authority of such court, judge, magistrate, commissioner or other officer or person to administer oaths.

(Enacted 1988)

Order: 41A STATEMENTS OF TRUTH L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

1. Interpretation (O. 41A, r. 1)

In this Order, unless the context otherwise requires- "expert report" (專家報告) means an expert report disclosed under these rules; "pleading" (狀書) includes-

(a) particulars of a pleading given by a party to any other party, whether voluntarily or pursuant to- (i) a request made by that other party; or (ii) an order of the Court made under Order 18, rule 12(3) or (4); and

(b) an amendment to a pleading or any of the particulars referred to in paragraph (a); "witness statement" (證人陳述書) means a statement served under Order 38, rule 2A.

2. Documents to be verified by statement of truth (O. 41A, r. 2)

(1) The following documents must be verified by a statement of truth in accordance with this Order- (a) a pleading; (b) a witness statement; (c) an expert report; and (d) any other document verification of which in accordance with this Order is required by any other

provision of these rules or by a practice direction. (2) A pleading must be verified by a statement of truth in accordance with this Order notwithstanding that the

party has in the pleading made an allegation of fact in accordance with Order 18, rule 12A, which is inconsistent with another allegation of fact in the same pleading.

(3) If the Court considers that it is just to do so in a particular case, it may direct that all or any of the documents specified in paragraph (1) need not be verified by a statement of truth.

(4) All or any of the documents specified in paragraph (1) need not be verified by a statement of truth if it is so provided by a practice direction.

(5) A practice direction may only provide that all or any of the documents specified in paragraph (1) need not be verified by a statement of truth if the documents or document relate to a matter that is to be heard in a specialist list.

3. Signing of statement of truth (O. 41A, r. 3)

(1) Subject to paragraphs (6), (7), (8) and (9), a statement of truth must be signed by- (a) in the case of a witness statement or expert report, the maker of the statement or report; (b) in any other case-

(i) the party putting forward the verified document or where appropriate, his next friend or guardian ad litem; or

(ii) the legal representative of the party or next friend or guardian ad litem. (2) Subject to paragraphs (6), (7), (8) and (9), where a party is a body of persons, corporate or unincorporate,

the statement of truth must be signed by a person holding a senior position in the body. (3) Subject to paragraph (7), where the party is a public officer, the statement of truth must be signed by the

public officer or a person holding a senior position in the public body or public authority to which the proceedings relate.

Cap 4A - THE RULES OF THE HIGH COURT 125

(4) Each of the following persons is a person holding a senior position- (a) in respect of a corporation that is neither a public body nor a public authority, any director, manager,

secretary or other similar officer of the corporation; (b) in respect of an unincorporated association that is neither a public body nor a public authority, any

corresponding person appropriate to that unincorporated association; and (c) in respect of a public body or public authority, a person duly authorized by the public body or public

authority for the purposes of this sub-paragraph. (5) Where a statement of truth is signed by a person holding a senior position, that person shall state in the

statement of truth the office or position he holds. (6) Subject to paragraphs (7), (8) and (9), where the party is a partnership, the statement of truth must be signed

by- (a) one of the partners; or (b) a person having the control or management of the partnership business.

(7) A statement of truth in or in relation to a pleading may be signed by- (a) a person who is not a party; or (b) two or more parties jointly,

if this is permitted by a practice direction. (8) An insurer or the Motor Insurers' Bureau of Hong Kong may sign a statement of truth in or in relation to a

pleading on behalf of a party where the insurer or the Motor Insurers' Bureau of Hong Kong has a financial interest in the result of proceedings brought wholly or partially by or against that party.

(9) If more than one insurer is conducting proceedings on behalf of a plaintiff or defendant, a statement of truth in or in relation to a pleading may be signed by an officer of the insurer responsible for the case as the lead insurer, but-

(a) the person signing shall specify the capacity in which he signs; (b) the statement of truth must be a statement that the lead insurer believes that the facts stated in the

document are true; and (c) the Court may order that the statement of truth also be signed by one or more of the parties.

(10) Where a legal representative signs a statement of truth, he shall sign in his own name, and shall not sign only in the name of the firm to which he belongs.

4. Effect of statement of truth (O. 41A, r. 4)

(1) Subject to paragraph (2), a statement of truth is a statement that- (a) the party putting forward the document believes that the facts stated in the document are true; or (b) in the case of a witness statement or expert report, the maker of the witness statement or expert report

believes that the facts stated in the document are true and (if applicable) the opinion expressed in it is honestly held.

(2) If a party is conducting proceedings with a next friend or guardian ad litem, the statement of truth in or in relation to a pleading is a statement that the next friend or guardian ad litem believes the facts stated in the document being verified are true.

(3) Where a legal representative or insurer has signed a statement of truth on behalf of a party, the Court shall treat his signature as his statement that-

(a) the party on whose behalf he has signed had authorized him to do so; (b) before signing he had explained to the party that in signing the statement of truth he would be

confirming the party's belief that the facts stated in the document were true; and (c) before signing he had informed the party of the possible consequences to the party if it should

subsequently appear that the party did not have an honest belief in the truth of those facts.

5. Form of statement of truth (O. 41A, r. 5)

(1) The form of the statement of truth verifying a document other than a witness statement or expert report is as follows- "[I believe] [the (plaintiff or as may be) believes] that the facts stated in this [name document being verified ] are

Cap 4A - THE RULES OF THE HIGH COURT 126

_________________________________________________________________________________________

true.". (2) The form of the statement of truth verifying a witness statement or expert report is as follows-

"I believe that the facts stated in this [name document being verified ] are true and (if applicable) the opinion expressed in it is honestly held.".

(3) Where the statement of truth is not contained in the document that it verifies- (a) the document containing the statement of truth must be headed with the title of the proceedings and the

action number; and (b) the document being verified must be identified in the statement of truth as follows-

(i) pleading: "the [statement of claim or as may be] served on the [name of party] on [date]"; (ii) particulars of pleading: "the particulars of pleading issued on [date]"; (iii) amendment to a pleading or particulars of pleading: "the amendment to [name document being

verified ], made on [date]; (iv) witness statement: "the witness statement filed on [date] or served on [party] on [date]"; (v) expert report: "the expert report disclosed to [party] on [date]".

6. Failure to verify pleading (O. 41A, r. 6)

(1) The Court may by order strike out a pleading that is not verified by a statement of truth. (2) Any party may apply for an order under paragraph (1).

7. Failure to verify witness statement or expert report (O. 41A, r. 7)

If the maker of a witness statement or expert report fails to verify the witness statement or expert report by a statement of truth, the witness statement or expert report is not admissible in evidence unless otherwise ordered by the Court.

8. Power of Court to require document to be verified (O. 41A, r. 8)

(1) The Court may order a person who has failed to verify a document in accordance with this Order to verify the document.

(2) Any party may apply for an order under paragraph (1).

9. False statements (O. 41A, r. 9)

(1) Proceedings for contempt of court may be brought against a person if he makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

(2) Proceedings under this rule may be brought only- (a) by the Secretary for Justice or a person aggrieved by the false statement; and (b) with the leave of the Court.

(3) The Court shall not grant the leave under paragraph (2) unless it is satisfied that the punishment for contempt of court is proportionate and appropriate in relation to the false statement.

(4) Proceedings under this rule are subject to the law relating to contempt of court and this rule is without prejudice to such law.

10. Transitional (O. 41A, r. 10)

This Order does not apply in relation to a document in any action if that document was filed, served or exchanged before the commencement* of this Order.

(L.N. 152 of 2008)

Note: * Commencement day: 2 April 2009.

Cap 4A - THE RULES OF THE HIGH COURT 127

Order: 42 JUDGMENTS AND ORDERS L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

JUDGMENTS, ORDERS, ACCOUNTS AND INQUIRIES

1. Form of judgment and interest thereon, etc. (O. 42, r. 1)

(1) If, in the case of any judgment, a form thereof is prescribed by Appendix A the judgment must be in that form. (See App. A, Forms 39-46, 48, 49)

(2) The party entering any judgment shall be entitled to have recited therein a statement of the manner in which, and the place at which, the writ or other originating process by which the cause or matter in question was begun was served.

(3) An order other than a consent order to which rule 5A applies must be marked with the name of the judge or master by whom it was made and must be sealed.

1A. Judgment in favour of reversioner for detention of goods (O. 42, r. 1A)

(1) Where a claim relating to the detention of goods is made by a partial owner whose right of action is not founded on a possessory title, any judgment or order given or made in respect of the claim shall be for the payment of damages only.

In this paragraph "partial owner" (部分擁有人) means one of two or more persons having interest in the goods, unless he has the written authority of every other such person to sue on the latter's behalf.

2. Judgment, etc. requiring act to be done: time for doing it (O. 42, r. 2)

(1) Subject to paragraph (2), a judgment or order which requires a person to do an act must specify the time after service of the judgment or order, or some other time, within which the act is to be done.

(2) Where the act which any person is required by any judgment or order to do is to pay money to some other person, give possession of any land or deliver any goods, a time within which the act is to be done need not be specified in the judgment or order by virtue of paragraph (1), but the foregoing provision shall not affect the power of the Court to specify such a time and to adjudge or order accordingly.

3. Date from which judgment or order takes effect (O. 42, r. 3)

(1) A judgment or order of the Court takes effect from the day of its date. (2) Such a judgment or order shall be dated as of the day on which it is pronounced, given or made, unless the

Court orders it to be dated as of some other earlier or later day, in which case it shall be dated as of that other day. (3) A judgment or order shall take effect for the purposes of this rule notwithstanding that the reasons therefor

may not be given until a later date.

4. Orders required to be drawn up (O. 42, r. 4)

(1) Subject to paragraph (2), every order of the Court shall be drawn up unless the Court otherwise directs. (2) An order-

(a) which- (i) extends the period within which a person is required or authorized by these rules, or by any

judgment, order or direction, to do any act, or (ii) grants leave for the doing of any of the acts mentioned in paragraph (3), and

(b) which neither imposes any special terms nor includes any special directions other than a direction as to

Cap 4A - THE RULES OF THE HIGH COURT 128

costs, need not be drawn up unless the Court otherwise directs.

(3) The acts referred to in paragraph (2)(a)(ii) are- (a) the issue of any writ, other than a writ of summons for service out of the jurisdiction; (b) the amendment of a writ of summons or other originating process or a pleading; (c) the filing of any document; (d) any act to be done by an officer of the Court other than a solicitor;

(HK)(e) the extension of the validity of a writ; (HK)(f) the abridgement of time for service of a summons; (HK)(g) the adjournment of the hearing of a summons; (HK)(h) the adjournment of the trial of an action; (HK)(i) an order made by a Judge ordering that an application or summons shall be heard by a master or a

similar order made by a master that an application or summons shall be heard by a Judge; (HK)(j) leave to inspect and take copies of documents filed in the Registry; (HK)(k) the transfer of an action from one list to another; (HK)(l) the vacation or variation of the dates upon which an action has been set down to be heard; and (HK)(m) the admission of a person as a solicitor or a barrister of the High Court under the Legal practitioners

Ordinance (Cap 159), and any order made under rule 13 of the Admission and Registration Rules (Cap 159 sub. leg. B). (25 of 1998 s. 2)

5. Drawing up and entry of judgments and orders (O. 42, r. 5)

(1) Where a judgment given in a cause or matter is presented for entry in accordance with this rule at the Registry, it shall be entered in the book kept for the purpose by the Registrar.

(2) The party seeking to have such a judgment entered must draw up the judgment and present it to the Registrar for entry.

(3) A party presenting a judgment for entry must produce any certificate, order or other document needed to satisfy the Registrar that he is entitled to have the judgment entered.

(4) On entering any such judgment the Registrar shall file the judgment. (5) Every order made and required to be drawn up must be drawn up by the party initiating the application

upon which the order was made and if that party fails to draw up the order within 7 days after it is made any other party affected by the order may draw it up. (L.N. 103 of 1994)

(6) The order referred to in paragraph (5) must, when drawn up, be produced at the Registry, together with a copy thereof, and when passed by the Registrar the order, after it has been sealed, shall be returned to the party producing it and the copy shall be lodged in the Registry.

5A. Consent judgment and orders (O. 42, r. 5A)

(1) Subject to paragraphs (2), (3), (4) and (5), where all the parties to a cause or matter are agreed upon the terms in which a judgment should be given, or an order should be made, a judgment or order in such terms may be given effect as a judgment or order of the Court by the procedure provided in rule 5.

(2) This rule applies to any judgment or order which consists of one or more of the following- (a) any judgment or order for-

(i) the payment of a liquidated sum, or damages to be assessed, or the value of goods to be assessed; (ii) the delivery up of goods, with or without the option of paying the value of the goods to be

assessed, or the agreed value; (iii) the possession of land where the claim does not relate to a dwelling-house;

(b) any order for- (i) the dismissal, discontinuance or withdrawal of any proceedings, wholly or in part; (ii) the stay of proceedings, either unconditionally or upon conditions as to the payment of money; (iii) the stay of proceedings upon terms which are scheduled to the order but which are not otherwise

part of it (a "Tomlin order"); (iv) the stay of enforcement of a judgment, either unconditionally or upon condition that the money

due under judgment is paid by instalments specified in the order;

Cap 4A - THE RULES OF THE HIGH COURT 129

(v) the setting aside of a judgment in default; (vi) the transfer of any proceedings to the District Court or the Lands Tribunal; (L.N. 152 of 2008) (vii) the payment out of money in court; (viii) the discharge from liability of any party; (ix) the payment, taxation or waiver of costs, or such other provision for costs as may be agreed;

(c) any order, to be included in a judgment or order to which the preceding sub-paragraphs apply, for- (i) the extension of the period required for the service or filing of any pleading or other document; (ii) the withdrawal of the record; (iii) liberty to apply, or to restore.

(3) Before any judgment, or order to which this rule applies may be entered, or sealed, it must be drawn up in the terms agreed and expressed as "By Consent" and it must be indorsed by solicitors acting for each of the parties.

(4) This rule shall not apply to any judgment or order in proceedings which are pending in the Admiralty jurisdiction or in the Commercial List.

(5) This rule shall not apply to any judgment or order in proceedings in which any of the parties is a litigant in person or a person under a disability.

5B. Reasons for judgment or order (O. 42, r. 5B)

(HK)(1) A Court shall give the reasons for any decision either at the time the judgment or order is pronounced or, where it is at that time announced that the reasons will be given at a later date, at such later date as may be fixed.

(2) Where the judgment or order is not pronounced on the day on which the hearing is concluded or where a decision is pronounced but it is announced in accordance with paragraph (1) that reasons therefor will be given at a later date, the Court may state that the judgment or order or the judgment or order and the reasons therefor, as the case may be, will be recorded in writing.

(3) Where a date has been fixed for delivery of a written decision or of written reasons notice shall be given to the parties, but it shall not be necessary for them to appear by counsel or in person.

(4) Where it has been announced that a judgment or order and reasons therefor or the reasons for a judgment or order previously pronounced will be recorded in writing, the Court may on the date fixed, instead of reading in full the judgment or order and reasons therefor or the reasons, as the case may be, supply copies thereof in accordance with paragraph (5). Thereupon any judgment or order contained in the writing shall be deemed to have been pronounced for the purposes of rule 3.

(5) Where the judgment or order and reasons therefor or the reasons are given at a later date and, being recorded in writing, are not read in full, the Court shall-

(a) hand down a copy thereof for each of the parties and endorse the record accordingly; (b) lodge a copy thereof in the High Court Library; and (25 of 1998 s. 2) (c) make a copy thereof available for public inspection in the Registry.

(6) Where a written decision is given pursuant to this rule the Court may make therein an order nisi as to costs and, unless an application has been made to vary that order, that order shall become absolute 14 days after the decision is pronounced.

(7) Where a court consisting of more than one judge sits to deliver pursuant to this rule a decision and reasons for a decision previously pronounced, it shall be sufficient if at least one of the judges who conducted the hearing is present.

(8) Nothing in this rule shall affect the provisions of Order 63 rule 4. (Enacted 1988)

Order: 43 ACCOUNTS AND INQUIRIES 25 of 1998 01/07/1997

Remarks: Adaptation amendments retroactively made - see 25 of 1998 s. 2

1. Summary order for account (O. 43, r. 1)

(1) Where a writ is indorsed with a claim for an account or a claim which necessarily involves taking an account, the plaintiff may, at any time after the defendant has acknowledged service of the writ or after the time limited for acknowledging service, apply for an order under this rule.

Cap 4A - THE RULES OF THE HIGH COURT 130

(1A)A defendant to an action begun by writ who has served a counterclaim, which includes a claim for an account or a claim which necessarily involves taking an account, on-

(a) the plaintiff, or (b) any other party, or (c) any person who becomes a party by virtue of such service,

may apply for an order under this rule. (2) An application under this rule must be made by summons and, if the Court so directs, must be supported by

affidavit or other evidence. (3) On the hearing of the application, the Court may, unless satisfied that there is some preliminary question to

be tried, order that an account be taken and may also order that any amount certified on taking the account to be due to either party be paid to him within a time specified in the order.

2. Court may direct taking of accounts, etc. (O. 43, r. 2)

(1) The Court may, on an application made by summons at any stage of the proceedings in a cause or matter, direct any necessary accounts or inquiries to be taken or made.

(2) Every direction for the taking of an account or the making of an inquiry shall be numbered in the judgment or order so that, as far as may be, each distinct account and inquiry may be designated by a number.

3. Directions as to manner of taking account or making inquiry (O. 43, r. 3)

(1) Where the Court orders an account to be taken or inquiry to be made it may by the same or a subsequent order give directions with regard to the manner in which the account is to be taken or vouched or the inquiry is to be made.

(2) Without prejudice to the generality of paragraph (1), the Court may direct that in taking an account the relevant books of account shall be evidence of the matters contained therein with liberty to the parties interested to take such objections thereto as they think fit.

4. Account to be made, verified, etc. (O. 43, r. 4)

(1) Where an account has been ordered to be taken, the accounting party must make out his account and, unless the Court otherwise directs, verify it by an affidavit to which the account must be exhibited.

(2) The items on each side of the account must be numbered consecutively. (3) Unless the order for the taking of the account otherwise directs, the accounting party must lodge the account

with the Court and must at the same time notify the other parties that he has done so and of the filing of any affidavit verifying the account and of any supporting affidavit.

5. Notice to be given of alleged omissions, etc. in account (O. 43, r. 5)

Any party who seeks to charge an accounting party with an amount beyond that which he has by his account admitted to have received or who alleges that any item in his account is erroneous in respect of amount or in any other respect must give him notice thereof stating, so far as he is able, the amount sought to be charged with brief particulars thereof or, as the case may be, the grounds for alleging that the item is erroneous.

6. Allowances (O. 43, r. 6)

In taking any account directed by any judgment or order all just allowances shall be made without any direction to that effect.

7. Delay in prosecution of accounts, etc. (O. 43, r. 7)

(1) If it appears to the Court that there is undue delay in the prosecution of any accounts or inquiries, or in any other proceedings under any judgment or order, the Court may require the party having the conduct of the proceedings

Cap 4A - THE RULES OF THE HIGH COURT 131

or any other party to explain the delay and may then make such order for staying the proceedings or for expediting them or for the conduct thereof and for costs as the circumstances require.

(2) The Court may direct any party or the Official Solicitor to take over the conduct of the proceedings in question and to carry out any directions made by an order under this rule and may make such order as it thinks fit as to the payment of the Official Solicitor's costs. (L.N. 375 of 1991)

8. Distribution of fund before all persons entitled are ascertained (O. 43, r. 8)

Where some of the persons entitled to share in a fund are ascertained, and difficulty or delay has occurred or is likely to occur in ascertaining the other persons so entitled, the Court may order or allow immediate payment of their shares to the persons ascertained without reserving any part of those shares to meet the subsequent costs of ascertaining those other persons.

9. Guardian's accounts (O. 43, r. 9)

The accounts of a person appointed guardian of a minor's estate must be verified and passed in such a manner as the Court may direct.

(Enacted 1988)

Order: 44 PROCEEDINGS UNDER JUDGMENTS AND ORDERS L.N. 129 of 2000 05/05/2000

1. Application to orders (O. 44, r. 1)

In this Order references to a judgment include references to an order.

2. Service of notice of judgment on person not a party (O. 44, r. 2)

(1) Where in an action for- (a) the administration of the estate of a deceased person, or (b) the execution of a trust, or (c) the sale of any property,

the Court gives a judgment or makes a direction which affects persons not parties to the action, the Court may when giving the judgment or at any stage of the proceedings under the judgment direct notice of the judgment to be served on any such person and any person so served shall, subject to paragraph (4), be bound by the judgment as if he had originally been a party to the action.

(2) If it appears that it is not practicable to serve notice of a judgment on a person directed to be served the Court may dispense with service and may also order that such person be bound by the judgment.

(2A)Order 6, rule 7(3) and (5) shall apply in relation to a notice of judgment under this rule as if the notice were a writ and the person by whom the notice is issued were the plaintiff. (L.N. 404 of 1991)

(3) Every notice of a judgment for service under this rule must be indorsed with a memorandum in Form No. 52 in Appendix A and accompanied by a form of acknowledgment of service in Form No. 15 in Appendix A with such modifications as may be appropriate and the copy of the notice to be served shall be a sealed copy.

(4) A person served with notice of a judgment may, within one month after service of the notice on him, and after acknowledging service, apply to the Court to discharge, vary or add to the judgment.

(5) A person served with notice of a judgment may, after acknowledging service of the notice, attend the proceedings under the judgment.

(6) Order 12, rules 1 to 4, shall apply in relation to the acknowledgment of service of a notice of judgment as if the judgment were a writ, and the person by whom the notice is served were the plaintiff and the person on whom it is served a defendant.

(L.N. 404 of 1991)

3. Directions by the Court (O. 44, r. 3)

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(1) Where a judgment given in a cause or matter contains directions which make it necessary to proceed in chambers under the judgment the Court may, when giving the judgment or at any time during proceedings under the judgment, give further directions for the conduct of those proceedings, including, in particular, directions with respect to-

(a) the manner in which any account or inquiry is to be prosecuted, (b) the evidence to be adduced in support thereof, (c) the preparation and service on the parties to be bound thereby of the draft of any deed or other

instrument which is directed by the judgment to be settled by the Court and the service of any objections to the draft,

(d) without prejudice to Order 15, rule 17, the parties required to attend all or any part of the proceedings, (e) the representation by the same solicitors of parties who constitute a class and by different solicitors of

parties who ought to be separately represented, and (f) the time within which each proceeding is to be taken,

and may fix a day or days for the further attendance of the parties. (2) The Court may revoke or vary any directions given under the rule.

4. Application of rules 5 to 8 (O. 44, r. 4)

Rules 5 to 8 apply- (a) where in proceedings for the administration under the direction of the Court of the estate of a deceased

person the judgment directs any account of debts or other liabilities of the deceased's estate to be taken or any inquiry for next of kin or other unascertained claimants to be made, and

(b) where in proceedings for the execution under the direction of the Court of a trust the judgment directs any such inquiry to be made,

and those rules shall, with the necessary modifications, apply where in any other proceedings the judgment directs any account of debts or other liabilities to be taken or any inquiry to be made.

5. Advertisements for creditors and other claimants (O. 44, r. 5)

The Court may, when giving a judgment or at any stage of proceedings under a judgment, give directions for the issue of advertisements for creditors or other claimants and may fix the time within which creditors and claimants may respond.

6. Examination of claims (O. 44, r. 6)

(1) Where an account of debts or other liabilities of the estate of a deceased person has been directed, such party as the Court may direct must-

(a) examine the claims of persons claiming to be creditors of the estate, (b) determine, so far as he is able, to which of such claims the estate is liable, and (c) at least seven clear days before the time appointed for adjudicating on claims, make an affidavit stating

his findings and his reasons for them and listing all the other debts of the deceased which are or may still be due.

(2) Where an inquiry for next of kin or other unascertained claimants has been directed, such party as the Court may direct must-

(a) examine the claims, (b) determine, so far as he is able, which of them are valid, and (c) at least seven clear days before the time appointed for adjudicating on claims, make an affidavit stating

his findings and his reasons for them. (3) If the personal representative or trustee concerned are not the parties directed by the Court to examine

claims, they must join with the party directed to examine them in making the affidavit required by this rule.

7. Adjudication on claims (O. 44, r. 7)

For the purpose of adjudicating on claims the Court may-

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(a) direct any claim to be investigated in such manner as it thinks fit, (b) require any claimant to attend and prove his claim or to furnish further particulars or evidence of it, or (c) allow any claim after or without proof thereof.

8. Notice of adjudication (O. 44, r. 8)

The Court shall give directions that there be served on every creditor whose claim or any part thereof has been allowed or disallowed, and who did not attend when the claim was disposed of, a notice informing him of that fact.

9. Interest on debts (O. 44, r. 9)

(1) Where an account of the debts of a deceased person is directed by any judgment, then, unless the deceased's estate is insolvent or the Court otherwise orders, interest shall be allowed-

(a) on any such debt as carries interest, at the rate it carries, and (b) on any other debt, from the date of the judgment at the rate payable on judgment debts at that date.

(2) A creditor who has established his debt in proceedings under the judgment and whose debt does not carry interest shall be entitled to interest on his debt in accordance with paragraph (1)(b) out of any assets which may remain after satisfying the costs of the cause or matter, the debts which have been established and the interest on such of those debts as by law carry interest.

(3) For the purposes of this rule "debt" (債項) includes funeral, testamentary or administration expenses and, in relation to expenses incurred after the judgment, for the reference in paragraph (1)(b) to the date of the judgment there shall be substituted a reference to the date when the expenses became payable.

10. Interest on legacies (O. 44, r. 10)

Where an account of legacies is directed by any judgment, then, subject to any directions contained in the will or codicil in question and to any order made by the Court, interest shall be allowed on each legacy at the rate of 8 per cent per annum beginning at the expiration of one year after the testator's death.

11. Master's order (O. 44, r. 11)

(1) Subject to Order 37, rule 2, the result of proceedings before a master under a judgment shall be stated in the form of an order. (L.N. 363 of 1990)

(2) Subject to any direction of the master under paragraph (3) or otherwise an order under this rule shall have effect as a final order disposing of the cause or matter in which it is made.

(3) An order under this rule shall contain such directions as the master thinks fit as to the further consideration, either in court or in chambers, of the cause or matter in which it is made.

(4) Every order made under this rule shall have immediate binding effect on the parties to the cause or matter in which it is made and copies of the order shall be served on such of the parties as the master may direct.

12. Appeal against master's order (O. 44, r. 12)

(1) Subject to paragraph (2), Order 58, rule 1 shall apply to an order made under rule 11 as it applies to any judgment, order or decision of a master, save that the hearing shall be in open court unless the Court directs otherwise. (L.N. 129 of 2000)

(1A)The following provisions shall have effect in the application of Order 58, rule 1 to an order made under rule 11-

(a) the notice referred to in Order 58, rule 1(2) shall state the grounds of the appeal; (b) no fresh evidence (other than evidence as to matters which occurred after the date of the master's

order) shall be admitted except on special grounds; (c) the judge hearing the appeal shall have the same power to draw inferences of fact as has the Court of

Appeal under Order 59, rule 10(3). (L.N. 129 of 2000) (2) If the order is to be acted on by the Judiciary Accountant or is an order passing a receiver's account, notice

of appeal must be issued not later than two clear days after the making of the order and, where the order is to be acted on by the Judiciary Accountant, a duplicate of it must be served on the Judiciary Accountant as soon as practicable

Cap 4A - THE RULES OF THE HIGH COURT 134

after it is made. (Enacted 1988)

Order: 44A (HK) PROHIBITION ORDER BEFORE OR AFTER JUDGMENT AND ATTACHMENT OF PROPERTY BEFORE JUDGMENT

25 of 1998 01/07/1997

Remarks: Adaptation amendments retroactively made - see 25 of 1998 s. 2

PROVISIONAL REMEDIES

(HK) ORDER 44A

(HK) PROHIBITION ORDER BEFORE OR AFTER JUDGMENT AND ATTACHMENT OF PROPERTY BEFORE JUDGMENT

Prohibition order against debtor

1. Application of the Order to an intended action (O. 44A, r. 1)

(1) Subject to paragraph (2), on the hearing of an application by a plaintiff, the Judge may, if he thinks fit, order that the relief provided by this Order shall be available to the plaintiff notwithstanding that the plaintiff has not commenced his action.

(2) An order shall not be made under paragraph (1) unless the plaintiff, at the hearing of his application for such order-

(a) produces at the hearing of the application, a draft writ; and (b) undertakes to the Judge to issue the writ on the next day on which an office of the Court is open.

(3) In paragraph (1), "plaintiff" (原告人) means a person who intends to commence an action and elsewhere in this Order, where the Judge has made an order under paragraph (1), "plaintiff" (原告人) includes a person who intends to commence an action and "defendant" (被告人) or "debtor" (債務人) includes a person against whom a plaintiff intends to commence an action.

2. Application for an order prohibiting a debtor from leaving Hong Kong (O. 44A, r. 2)

A plaintiff or judgment creditor may apply ex parte to the Court for an order prohibiting a debtor from leaving Hong Kong.

3. Making of prohibition order (O. 44A, r. 3)

(1) Subject to the provisions of section 21B of the Ordinance the Court may make an order prohibiting the debtor from leaving Hong Kong.

(2) The order prohibiting a debtor from leaving Hong Kong shall be in Form No. 106 in Appendix A.

4. Application to discharge order (O. 44A, r. 4)

(1) Where a debtor is prohibited from leaving Hong Kong, he may, on 2 days clear notice to the plaintiff or judgment creditor and upon being present in person in Court, apply for the order to be discharged.

(2) In an application under paragraph (1) by a debtor under a judgment for money, the Court shall, after the assessment of the amount due to the judgment creditor if appropriate-

(a) discharge the order; and (b) proceed as if the judgment debtor appears under arrest for examination under Order 49B.

Cap 4A - THE RULES OF THE HIGH COURT 135

(3) Where, in an application under paragraph (1), a debtor for money, other than a judgment debtor- (a) consents to judgment being entered against him; or (b) satisfies the Court that he has a substantial defence to the plaintiff's claim; or (c) consents to judgment being entered against him in respect of part of the plaintiff's claim and, as to the

remainder of that claim, satisfies the Court that he has a substantial defence to the plaintiff's claim, (L.N. 126 of 1995)

the Court shall- (i) discharge the order; and (ii) where the defendant consents to judgment being entered against him in respect of the whole or any part

of the plaintiff's claim, give judgment in accordance with that consent and thereafter proceed as if the defendant appears under arrest for examination under Order 49B.

(4) Where, in an application under paragraph (1), a debtor, other than a debtor for money or a debtor under a judgment for money, satisfies the Court that he has a substantial defence to the plaintiff's claim, the Court shall discharge the order.

(5) In an application under paragraph (1), the Court may either for the purposes of the application or to achieve a speedy determination of any issue in dispute, give such directions as it thinks fit as to the filing of statements of claim, defences and counter-claims, the filing of affidavits, the assessment of the amount due or otherwise.

(6) Paragraphs (2), (3) and (4) shall not prevent the Court from discharging the order, either absolutely or subject to conditions, in any circumstances in which it thinks fit to do so.

5. Power to award compensation (O. 44A, r. 5)

(1) Where it appears to the Court that the order prohibiting a debtor from leaving Hong Kong- (a) was applied for on insufficient grounds; or (b) was not caused to lapse by the plaintiff or judgment creditor as soon as reasonably possible after it was

no longer required, the Court may, on the application of the debtor, award against the plaintiff or judgment creditor reasonable compensation to the debtor for any injury or loss sustained by the debtor by reason of sub-paragraph (a) or (b):

Provided that the Court shall not award a larger sum by way of compensation under this rule than is competent to the Court to award in an action for damages.

(2) An award of compensation under this rule shall bar any action for damages in respect of the prohibition order.

Interim attachment of property of defendant

7. Application for taking security from defendant or for attachment of his property in certain cases (O. 44A, r. 7)

(1) If in any action the defendant, with intent to obstruct or delay the execution of any judgment that may be given against him in the action, is about to dispose of his property or any part thereof, or to remove any such property from the jurisdiction of the Court, the plaintiff may, either at the institution of the action or at any time thereafter until final judgment, apply to the Court to call upon the defendant to furnish sufficient security to produce and place at the disposal of the Court, when required, his property, or the value of the same, or such portion thereof as may be sufficient to answer any judgment that may be given against him in the action, and, in the event of his failing to furnish such security, to direct that any property, movable or immovable, belonging to the defendant shall be attached until the further order of the Court.

(2) The application shall contain a specification of the property required to be attached, and the estimated value thereof, so far as the plaintiff can reasonably ascertain the same.

(3) There shall be filed with the application an affidavit to the effect that the defendant is about to dispose of or remove his property or some part thereof, with such intent as aforesaid.

8. Issue of warrant requiring defendant to furnish security or to appear and show cause, and attaching his property (O. 44A, r. 8)

Cap 4A - THE RULES OF THE HIGH COURT 136

(1) If the Court, after making such investigation as it may consider necessary, is of opinion that there is probable cause for believing that the defendant is about to dispose of or remove his property or some part thereof, with such intent as aforesaid, it shall be lawful for the Court to issue a warrant to the bailiff commanding him to call upon the defendant, within a time to be fixed by the Court, either to furnish security, in such sum as may be specified in the order to produce and place at the disposal of the Court, when required, the said property, or the value of the same, or such portion thereof as may be sufficient to answer any judgment that may be given against him in the action, or to appear before the Court and show cause why he should not furnish such security. (See App. C, Form 5)

(2) The Court may also in the warrant direct the attachment until further order of the whole or any portion of the property of the defendant within the Colony.

(3) The attachment shall be made, according to the nature of the property to be attached, in the manner prescribed for the attachment of property in execution of a judgment for money.

9. Showing cause, and procedure thereon (O. 44A, r. 9)

(1) If the defendant shows such cause or furnishes the required security within the time fixed by the Court, and the property specified in the application, or any portion thereof, has been attached, the Court shall order the attachment to be withdrawn.

(2) If the defendant fails to show such cause or to furnish the required security within the time fixed by the Court, the Court may direct that the property specified in the application, if not already attached, or such portion thereof as may be sufficient to answer any judgment that may be given against the defendant in the action, shall be attached until the further order of the Court.

(3) The attachment shall be made, according to the nature of the property to be attached, in the manner prescribed for the attachment of property in execution of a judgment for money.

10. Saving of rights of other persons under attachment (O. 44A, r. 10)

(1) The attachment shall not affect the rights of any persons not being parties to the action, and in the event of any claim being preferred to the property attached before judgment, such claim shall be investigated in the manner prescribed for the investigation of claims to property attached in execution of a judgment.

(2) Where the property consists of movable property to which the judgment debtor is entitled subject to a lien or right of some other person to the immediate possession thereof, the attachment shall be made by a written order prohibiting the person in possession from giving over the property to the judgment debtor or to any other person.

11. Removal of attachment on furnishing of security (O. 44A, r. 11)

In any case of attachment before judgment the Court shall at any time remove the same on the defendant furnishing the required security together with security for the costs of the attachment.

12. Power to award compensation to defendant for unjustifiable attachment (O. 44A, r. 12)

(1) If it appears to the Court that the attachment was applied for on insufficient grounds, or if the action is dismissed or judgment is given against the plaintiff by default or otherwise and it appears to the Court that there was no probable ground for instituting the action, the Court may, on the application of the defendant, made either before or at the time of the pronouncing of the judgment, award against the plaintiff such amount, as it may deem a reasonable compensation to the defendant for any injury or loss which he may have sustained by reason of the attachment: Provided that the Court shall not award a larger sum by way of compensation under this rule than it is competent to the Court to award in an action for damages.

(2) An award of compensation under this rule shall bar any action for damages in respect of the attachment. (Enacted 1988)

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Order: 45 ENFORCEMENT OF JUDGMENTS AND ORDERS: GENERAL

25 of 1998 01/07/1997

Expanded Cross Reference:

46, 47, 48, 49, 49B, 50, 51

Remarks: Adaptation amendments retroactively made - see 25 of 1998 s. 2

ENFORCEMENT OF JUDGMENTS AND ORDERS

1. Enforcement of judgment, etc., for payment of money (O. 45, r. 1)

(1) Subject to the provisions of these rules, a judgment or order for the payment of money, not being a judgment or order for the payment of money into court, may be enforced by one or more of the following means, that is to say-

(a) writ of fieri facias; (b) garnishee proceedings; (c) a charging order; (d) the appointment of a receiver; (e) in a case in which rule 5 applies, an order of committal; (f) in such a case, writ of sequestration;

(HK)(g) an order of imprisonment made under Order 49B. (2) Subject to the provisions of these rules, a judgment or order for the payment of money into court may be

enforced by one or more of the following means, that is to say- (a) the appointment of a receiver; (b) in a case in which rule 5 applies, an order of committal; (c) in such a case, writ of sequestration.

(3) Paragraphs (1) and (2) are without prejudice to any other remedy available to enforce such a judgment or order as is therein mentioned or to any written law relating to bankruptcy or the winding up of companies.

(4) In this Order references to any writ shall be construed as including references to any further writ in aid of the first mentioned writ.

3. Enforcement of judgment for possession of land (O. 45, r. 3)

(1) Subject to the provisions of these rules, a judgment or order for the giving of possession of land may be enforced by one or more of the following means, that is to say-

(a) writ of possession; (b) in a case in which rule 5 applies, an order of committal; (c) in such a case, writ of sequestration.

(2) A writ of possession to enforce a judgment or order for the giving of possession of any land shall not be issued without the leave of the Court except where the judgment or order was given or made in a mortgage action to which Order 88 applies.

(3) Such leave shall not be granted unless it is shown that every person in actual possession of the whole or any part of the land has received such notice of the proceedings as appears to the Court sufficient to enable him to apply to the Court for any relief to which he may be entitled.

(4) A writ of possession may include provision for enforcing the payment of any money adjudged or ordered to be paid by the judgment or order which is to be enforced by the writ.

4. Enforcement of judgment for delivery of goods (O. 45, r. 4)

(1) Subject to the provisions of these rules, a judgment or order for the delivery of any goods which does not

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give a person against whom the judgment is given or order made the alternative of paying the assessed value of the goods may be enforced by one or more of the following means, that is to say-

(a) writ of delivery to recover the goods without alternative provision for recovery of the assessed value thereof (hereafter in this rule referred to as a "writ of specific delivery");

(b) in a case in which rule 5 applies, an order of committal; (c) in such a case, writ of sequestration.

(2) Subject to the provisions of these rules, a judgment or order for the delivery of any goods or payment of their assessed value may be enforced by one or more of the following means, that is to say-

(a) writ of delivery to recover the goods or their assessed value; (b) by order of the Court, writ of specific delivery; (c) in a case in which rule 5 applies, writ of sequestration.

An application for an order under sub-paragraph (b) shall be made by summons, which must, notwithstanding Order 65, rule 9, be served on the defendant against whom the judgment or order sought to be enforced was given or made.

(3) A writ of specific delivery, and a writ of delivery to recover any goods or their assessed value, may include provision for enforcing the payment of any money adjudged or ordered to be paid by the judgment or order which is to be enforced by the writ.

(4) A judgment or order for the payment of the assessed value of any goods may be enforced by the same means as any other judgment or order for the payment of money.

5. Enforcement of judgment to do or abstain from doing any act (O. 45, r. 5)

(1) Where- (a) a person required by a judgment or order to do an act within a time specified in the judgment or order

refuses or neglects to do it within that time or, as the case may be, within that time as extended or abridged under Order 3, rule 5, or

(b) a person disobeys a judgment or order requiring him to abstain from doing an act, then, subject to the provisions of these rules, the judgment or order may be enforced by one or more of the following means, that is to say-

(i) with the leave of the Court, a writ of sequestration against the property of that person; (ii) where that person is a body corporate, with the leave of the Court, a writ of sequestration against the

property of any director or other officer of the body; (iii) an order of committal against that person or, where that person is a body corporate, against any such

officer. (2) Where a judgment or order requires a person to do an act within a time therein specified and an order is

subsequently made under rule 6 requiring the act to be done within some other time, references in paragraph (1) of this rule to a judgment or order shall be construed as references to the order made under rule 6.

(3) Where under any judgment or order requiring the delivery of any goods the person liable to execution has the alternative of paying the assessed value of the goods, the judgment or order shall not be enforceable by order of committal under paragraph (1), but the Court may, on the application of the person entitled to enforce the judgment or order, make an order requiring the first mentioned person to deliver the goods to the applicant within a time specified in the order, and that order may be so enforced.

6. Judgment, etc. requiring act to be done: order fixing time for doing it (O. 45, r. 6)

(1) Notwithstanding that a judgment or order requiring a person to do an act specifies a time within which the act is to be done, the Court shall, without prejudice to Order 3, rule 5, have power to make an order requiring the act to be done within another time, being such time after service of that order, or such other time, as may be specified therein.

(2) Where, notwithstanding Order 42, rule 2(1), or by reason of Order 42, rule 2(2), a judgment or order requiring a person to do an act does not specify a time within which the act is to be done, the Court shall have power subsequently to make an order requiring the act to be done within such time after service of that order, or such other time, as may be specified therein.

(3) An application for an order under this rule must be made by summons and the summons must,

Cap 4A - THE RULES OF THE HIGH COURT 139

notwithstanding anything in Order 65, rule 9, be served on the person required to do the act in question.

7. Service of copy of judgment, etc., prerequisite to enforcement under r. 5 (O. 45, r. 7)

(1) In this rule references to an order shall be construed as including references to a judgment. (2) Subject to Order 24, rule 16(3), Order 26, rule 6(3) and paragraphs (6) and (7) of this rule, an order shall not

be enforced under rule 5 unless- (L.N. 103 of 1994) (a) a copy of the order has been served personally on the person required to do or abstain from doing the

act in question, and (b) in the case of an order requiring a person to do an act, the copy has been so served before the

expiration of the time within which he was required to do the act. (3) Subject as aforesaid, an order requiring a body corporate to do or abstain from doing an act shall not be

enforced as mentioned in rule 5(1)(ii) or (iii) unless- (a) a copy of the order has also been served personally on the officer against whose property leave is

sought to issue a writ of sequestration or against whom an order of committal is sought, and (b) in the case of an order requiring the body corporate to do an act, the copy has been so served before the

expiration of the time within which the body was required to do the act. (4) There must be indorsed on the copy of an order served under this rule a notice informing the person on

whom the copy is served- (a) in the case of service under paragraph (2) that if he neglects to obey the order within the time specified

therein, or, if the order is to abstain from doing an act, that if he disobeys the order, he is liable to process of execution to compel him to obey it, and

(b) in the case of service under paragraph (3) that if the body corporate neglects to obey the order within the time so specified or, if the order is to abstain from doing an act, that if the body corporate disobeys the order, he is liable to process of execution to compel the body to obey it.

(5) With the copy of an order required to be served under this rule, being an order requiring a person to do an act, there must also be served a copy of any order made under Order 3, rule 5, extending or abridging the time for doing the act and, where the first-mentioned order was made under rule 5(3) or 6 of this Order, a copy of the previous order requiring the act to be done.

(6) An order requiring a person to abstain from doing an act may be enforced under rule 5 notwithstanding that service of a copy of the order has not been effected in accordance with this rule if the Court is satisfied that, pending such service, the person against whom or against whose property it is sought to enforce the order has had notice thereof either-

(a) by being present when the order was made, or (b) by being notified of the terms of the order, whether by telephone, telegram or otherwise.

(7) Without prejudice to its powers under Order 65, rule 4, the Court may dispense with service of a copy of an order under this rule if it thinks it just to do so.

8. Court may order act to be done at expense of disobedient party (O. 45, r. 8)

If an order of mandamus, a mandatory order, an injunction or a judgment or order for the specific performance of a contract is not complied with, then, without prejudice to its powers to punish the disobedient party for contempt, the Court may direct that the act required to be done may, so far as practicable, be done by the party by whom the order or judgment was obtained or some other person appointed by the Court, at the cost of the disobedient party, and upon the act being done the expenses incurred may be ascertained in such manner as the Court may direct and execution may issue against the disobedient party for the amount so ascertained and for costs.

9. Execution by or against person not being a party (O. 45, r. 9)

(1) Any person, not being a party to a cause or matter, who obtains any order or in whose favour any order is made, shall be entitled to enforce obedience to the order by the same process as if he were a party.

(2) Any person, not being a party to a cause or matter, against whom obedience to any judgment or order may

Cap 4A - THE RULES OF THE HIGH COURT 140

be enforced, shall be liable to the same process for enforcing obedience to the judgment or order as if he were a party.

10. Conditional judgment: waiver (O. 45, r. 10)

A party entitled under any judgment or order to any relief subject to the fulfilment of any condition who fails to fulfil that condition is deemed to have abandoned the benefit of the judgment or order, and, unless the Court otherwise directs, any other person interested may take any proceedings which either are warranted by the judgment or order or might have been taken if the judgment or order had not been given or made.

11. Matters occurring after judgment: stay of execution, etc. (O. 45, r. 11)

Without prejudice to Order 47, rule 1, a party against whom a judgment has been given or an order made may apply to the Court for a stay of execution of the judgment or order or other relief on the ground of matters which have occurred since the date of the judgment or order, and the Court may by order grant such relief, and on such terms, as it thinks just.

12. Forms of writs (O. 45, r. 12)

(1) A writ of fieri facias must be in such of the Forms Nos. 53 to 63 in Appendix A as is appropriate in the particular case.

(2) A writ of delivery must be in Form No. 64 or 65 in Appendix A, whichever is appropriate. (3) A writ of possession must be in Form No. 66 or 66A in Appendix A. (4) A writ of sequestration must be in Form No. 67 in Appendix A.

13. Enforcement of judgments and orders for recovery of money, etc. (O. 45, r. 13)

(1) Rule 1(1) of this Order, with the omission of sub-paragraphs (e) and (f) thereof, and Orders 46 to 51 shall apply in relation to a judgment or order for the recovery of money as they apply in relation to a judgment or order for the payment of money. <* Note - Exp. X-Ref.: Orders 46, 47, 48, 49, 49B, 50, 51 *>

(2) Rule 3 of this Order, with the omission of paragraph (1)(b) and (c) thereof, and Order 47, rule 3(2), shall apply in relation to a judgment or order for the recovery of possession of land as they apply in relation to a judgment or order for the giving or delivery of possession of land.

(3) Rule 4 of this Order, with the omission of paragraphs (1)(b) and (c) and (2)(c) thereof, and Order 47, rule 3(2), shall apply in relation to a judgment or order that a person do have a return of any goods and to a judgment or order that a person do have a return of any goods or do recover the assessed value thereof as they apply in relation to a judgment or order for the delivery of any goods and a judgment or order for the delivery of any goods or payment of the assessed value thereof respectively.

14. Power of the Court to order immediate execution (O. 45, r. 14)

(HK)(1) The Court may at the time of giving judgment, on the oral application of the party in whose favour the judgment is given, order immediate execution thereof without the issue of a writ of execution, except as to so much as relates to the costs, and that the judgment shall be executed as to the costs as soon as the amount thereof has been ascertained by taxation.

(2) The order for immediate execution shall be in writing and shall be sufficient authority to the bailiff to proceed at once to execution of the judgment against the property of the party against whom judgment is given: Provided that the party obtaining the order shall as soon thereafter as practicable comply with the requirements of Order 46, rule 6: Provided further that, if the party against whom the order has been made satisfies the Court that he has sufficient means and intends to satisfy the judgment, the Court may discharge the order for immediate execution.

15. Judgment for money against representatives of deceased persons (O. 45, r. 15)

Cap 4A - THE RULES OF THE HIGH COURT 141

(HK) If the judgment is against a party as the representative of a deceased person and such judgment is for money to be paid out of the property of the deceased person, it may be executed by the attachment and sale of any such property or, if no such property can be found and the defendant fails to satisfy the Court that he has duly applied such property of the deceased person as may be proved to have come into his possession, the judgment may be executed against the defendant to the extent of the property not duly applied by him, in the same manner as if the judgment had been against him personally.

16. Execution in case of cross-judgments for money (O. 45, r. 16)

(HK) If there are cross-judgments between the same parties for the payment of money execution shall be taken out by that party only who has obtained a judgment for the larger sum and for so much only as may remain after deducting the smaller sum, and satisfaction for the smaller sum shall be entered on the judgment for the larger sum as well as satisfaction on the judgment for the smaller sum, and if both sums are equal satisfaction shall be entered on both judgments.

17. Application for leave to issue execution by one of several persons entitled (O. 45, r. 17)

(HK)(1) If a judgment has been given jointly in favour of more persons than one, any one or more of such persons, or his or their representatives, may apply to the Court for leave to issue execution on the whole judgment for the benefit of them all or, where any of them has died, for the benefit of the survivors and of the representative in interest of the deceased person.

(2) If the Court grants such leave it shall make such order as it may think fit for protecting the interests of the persons who have not joined in the application.

(Enacted 1988)

Order: 46 WRITS OF EXECUTION: GENERAL L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

1. Definition (O. 46, r. 1)

In this Order, unless the context otherwise requires, "writ of execution" (執行令狀) includes a writ of fieri facias, a writ of possession, a writ of delivery, a writ of sequestration and any further writ in aid of any of the aforementioned writs. (See App. A, Form 69)

2. When leave to issue any writ of execution is necessary (O. 46, r. 2)

(1) A writ of execution to enforce a judgment or order may not issue without the leave of the Court in the following cases, that is to say-

(a) where 6 years or more have elapsed since the date of the judgment or order; (b) where any change has taken place, whether by death or otherwise, in the parties entitled or liable to

execution under the judgment or order; (c) where the judgment or order is against the assets of a deceased person coming to the hands of his

executors or administrators after the date of the judgment or order, and it is sought to issue execution against such assets;

(d) where under the judgment or order any person is entitled to relief subject to the fulfilment of any condition which it is alleged has been fulfilled;

(e) where any goods sought to be seized under a writ of execution are in the hands of a receiver appointed by the Court or a sequestrator.

(2) Paragraph (1) is without prejudice to any written law or rule by virtue of which a person is required to obtain the leave of the Court for the issue of a writ of execution or to proceed to execution on or otherwise to the

Cap 4A - THE RULES OF THE HIGH COURT 142

enforcement of a judgment or order. (3) Where the Court grants leave, whether under this rule or otherwise, for the issue of a writ of execution and

the writ is not issued within one year after the date of the order granting such leave, the order shall cease to have effect, without prejudice, however, to the making of a fresh order.

3. Leave required for issue of writ in aid of other writ (O. 46, r. 3)

A writ of execution in aid of any other writ of execution shall not issue without the leave of the Court.

4. Application for leave to issue writ (O. 46, r. 4)

(1) An application for leave to issue a writ of execution may be made ex parte unless the Court directs it to be made by summons.

(2) Such an application must be supported by an affidavit- (a) identifying the judgment or order to which the application relates and, if the judgment or order is for

the payment of money, stating the amount originally due thereunder and the amount due thereunder at the date of the application;

(b) stating, where the case falls within rule 2(l)(a), the reasons for the delay in enforcing the judgment or order;

(c) stating where the case falls within rule 2(1)(b), the change which has taken place in the parties entitled or liable to execution since the date of the judgement or order;

(d) stating, where the case falls within rule 2(1)(c) or (d), that a demand to satisfy the judgment or order was made on the person liable to satisfy it and that he has refused or failed to do so;

(e) giving such other information as is necessary to satisfy the Court that the applicant is entitled to proceed to execution on the judgment or order in question and that the person against whom it is sought to issue execution is liable to execution on it.

(3) The Court hearing such application may grant leave in accordance with the application or may order that any issue or question, a decision on which is necessary to determine the rights of the parties, be tried in any manner in which any question of fact or law arising in an action may be tried and, in either case, may impose such terms as to costs or otherwise as it thinks just.

5. Application for leave to issue writ of sequestration (O. 46, r. 5)

(1) Notwithstanding anything in rules 2 and 4, an application for leave to issue a writ of sequestration must be made to a judge by summons.

(2) Subject to paragraph (3), the summons, stating the grounds of the application and accompanied by a copy of the affidavit in support of the application, must be served personally on the person against whose property it is sought to issue the writ.

(3) Without prejudice to its powers under Order 65, rule 4, the Court may dispense with service under this rule if it thinks it just to do so.

(4) The judge hearing an application for leave to issue a writ of sequestration may sit in private in any case in which, if the application were for an order of committal, he would be entitled to do so by virtue of Order 52, rule 6, but, except in such a case, the application shall be heard in open court.

(L.N. 152 of 2008)

6. Issue of writ of execution (O. 46, r. 6)

(1) Issue of a writ of execution takes place on its being sealed by the Registrar. (2) Before such a writ is issued a praecipe for its issue must be filed. (3) The praecipe must be signed by or on behalf of the solicitor of the person entitled to execution or, if that

person is acting in person, by him. (4) No such writ shall be sealed unless at the time of the tender thereof for sealing-

(a) the person tendering it produces-

Cap 4A - THE RULES OF THE HIGH COURT 143

(i) the judgment or order on which the writ is to issue, or an office copy thereof, (ii) where the writ may not issue without the leave of the Court, the order granting such leave or

evidence of the granting of it; and (b) the Registrar is satisfied that the period, if any, specified in the judgment or order for the payment of

any money or the doing of any other act thereunder has expired. (5) Every writ of execution shall bear the date of the day on which it is issued.

8. Duration and renewal of writ of execution (O. 46, r. 8)

(1) For the purpose of execution, a writ of execution is valid in the first instance for 12 months beginning with the date of its issue.

(2) Where a writ has not been wholly executed the Court may by order extend the validity of the writ from time to time for a period of 12 months at any one time beginning with the day on which the order is made, if an application for extension is made to the Court before the day next following that on which the writ would otherwise expire or such later day, if any, as the Court may allow.

(3) Before a writ the validity of which has been extended under paragraph (2) is executed either the writ must be sealed with the Seal of the Court showing the date on which the order extending its validity was made or the applicant for the order must serve a notice (in Form No. 71 in Appendix A), sealed as aforesaid, on the bailiff to whom the writ is directed informing him of the making of the order and the date thereof. (L.N. 363 of 1990)

(4) The priority of a writ, the validity of which has been extended under this rule, shall be determined by reference to the date on which it was originally delivered to the bailiff.

(5) The production of a writ of execution, or of such a notice as is mentioned in paragraph (3), purporting in either case to be sealed as mentioned in that paragraph, shall be evidence that the validity of that writ or, as the case may be, of the writ referred to in that notice, has been extended under paragraph (2). (L.N. 363 of 1990)

(6) If, during the validity of a writ of execution, an interpleader summons is issued in relation to an execution under that writ, the validity of the writ shall be extended until the expiry of 12 months from the conclusion of the interpleader proceedings. (L.N. 404 of 1991)

9. Return to writ of execution (O. 46, r. 9)

(1) Any party at whose instance or against whom a writ of execution was issued may serve a notice on the bailiff to whom the writ was directed requiring him, within such time as may be specified in the notice, to endorse on the writ a statement of the manner in which he has executed it and to send to that party a copy of the statement. (L.N. 363 of 1990)

(2) If a bailiff on whom such a notice is served fails to comply with it the party by whom it was served may apply to the Court for an order directing the bailiff to comply with the notice.

(3) (Repealed L.N. 404 of 1991) (Enacted 1988)

Order: 47 WRITS OF FIERI FACIAS 25 of 1998 01/07/1997

Remarks: Adaptation amendments retroactively made - see 25 of 1998 s. 2

1. Power to stay execution by writ of fieri facias (O. 47, r. 1)

(1) Where a judgment is given or an order made for the payment by any person of money, and the Court is satisfied, on an application made at the time of the judgment or order, or at any time thereafter, by the judgment debtor or other party liable to execution-

(a) that there are special circumstances which render it inexpedient to enforce the judgment or order, or (b) that the applicant is unable from any cause to pay the money,

then, notwithstanding anything in rule 3, the Court may by order stay the execution of the judgment or order by writ of fieri facias either absolutely or for such period and subject to such conditions as the Court thinks fit.

(2) An application under this rule, if not made at the time the judgment is given or order made, must be made

Cap 4A - THE RULES OF THE HIGH COURT 144

by summons and may be so made notwithstanding that the party liable to execution did not acknowledge service of the writ or originating summons in the action or did not state in his acknowledgment of service that he intended to apply for a stay of execution under this rule pursuant to Order 13, rule 8.

(3) An application made by summons must be supported by an affidavit made by or on behalf of the applicant stating the grounds of the application and the evidence necessary to substantiate them and, in particular, where such application is made on the grounds of the applicant's inability to pay, disclosing his income, the nature and value of any property of his and the amount of any other liabilities of his.

(4) The summons and a copy of the supporting affidavit must, not less than 4 clear days before the return day, be served on the party entitled to enforce the judgment or order.

(5) An order staying execution under this rule may be varied or revoked by a subsequent order.

3. Separate writs to enforce payment of costs, etc. (O. 47, r. 3)

(1) Where only the payment of money, together with costs to be taxed, is adjudged or ordered, then, if when the money becomes payable under the judgment or order the costs have not been taxed, the party entitled to enforce that judgment or order may issue a writ of fieri facias to enforce payment of the sum (other than for costs) adjudged or ordered and, not less than 8 days after the issue of that writ, he may issue a second writ to enforce payment of the taxed costs.

(2) A party entitled to enforce a judgment or order for the delivery of possession of any property (other than money) may, if he so elects, issue a separate writ of fieri facias to enforce payment of any damages or costs awarded to him by that judgment or order.

6. Order for sale in execution of judgment (O. 47, r. 6)

(HK)(1) Every sale in execution of a judgment shall be made under the direction of the Registrar and shall be conducted according to such orders, if any, as the Court may make on application of the person at whose instance the writ of execution under which the sale is to be made was issued, of the person against whom that writ was issued or of the bailiff to whom it was issued. In the absence of any such application the sale shall be made by public auction.

(2) Such an application must be made by summons and the summons must contain a short statement of the grounds of the application.

(3) Where the applicant for an order under this rule is not a bailiff, the bailiff must, on the demand of the applicant, send to the applicant a list containing the name and address of every person at whose instance any other writ of execution against the goods of the judgment debtor was issued and delivered to the bailiff (in this rule referred to as "the bailiff's list"); and where the bailiff is the applicant, he must prepare such a list.

(4) Not less than 4 clear days before the return day the applicant must serve the summons on each of the other persons by whom the application might have been made and on every person named in the bailiff's list. (HK)(5) Where any goods of a debtor are taken in execution, and the bailiff has notice of another execution or other executions, the Court shall not consider an application for sale otherwise than by auction until service of the summons on the person or persons named in the bailiff's list has been effected.

(6) The applicant must produce the bailiff's list to the Court on the hearing of the application. (7) Every person on whom the summons was served may attend and be heard on the hearing of the application.

(HK)7. Special rules as to the sale of immovable property (O. 47, r. 7)

(1) At any time within 10 days from the date of sale of any immovable property in execution of a judgement, application may be made to the Court to set aside the sale on the ground of any material irregularity in the conduct of the sale, but no such sale shall be set aside on the ground of such irregularity unless the applicant proves to the satisfaction of the Court that he has sustained substantial injury by reason of such irregularity.

(2) (a) If no such application is made the sale shall be deemed absolute. (b) If such application is made and the objection is disallowed, the Court shall make an order confirming

the sale. (c) If such application is made and the objection is allowed, the Court shall make an order setting aside the

sale for irregularity.

Cap 4A - THE RULES OF THE HIGH COURT 145

(3) Whenever a sale of immovable property is set aside for irregularity the purchaser shall be entitled to receive back any money deposited or paid by him on account of such sale, with or without interest, to be paid by such parties and in such manner as it may appear to the Court proper to direct.

(4) (a) After a sale of immovable property has become absolute in manner aforesaid the Court shall grant a certificate to the person who has been declared the purchaser at such sale to the effect that he has purchased the right, title and interest of the judgment debtor in the property sold.

(b) Such certificate shall be liable to the same stamp duty as an assignment of the same property and, when duly stamped as aforesaid, shall be taken and deemed to be a valid transfer of such right, title and interest and may be registered in the Land Registry under the Land Registration Ordinance (Cap 128). (8 of 1993 s. 30)

(5) (a) Where the property sold consists of immovable property in the occupancy of the judgment debtor, or of some person on his behalf, or of some person claiming under a title created by the judgment debtor subsequently to the attachment of the property, the Court shall, on the application of the purchaser, order delivery of the property to be made by putting the party to whom the property has been sold, or any person whom he may appoint to receive delivery on his behalf, in possession thereof and, if necessary, by removing any person who may refuse to vacate the same.

(b) Where the property sold consists of immovable property in the occupancy of any other person entitled to occupy the same the Court shall, on the application of the purchaser, order delivery thereof to be made by affixing a copy of the certificate of sale in some conspicuous place on the property or at the court house.

(6) (a) If the purchaser of any immovable property sold in execution of a judgment is, notwithstanding the order of the Court, resisted or obstructed in obtaining possession of the property, the provisions of this Order relating to resistance or obstruction to the execution of the judgment for immovable property shall be applicable in the case of such resistance or obstruction.

(b) If it appears that the resistance or obstruction to the delivery of possession was occasioned by any person other than the judgment debtor claiming a right to the possession of the property sold as proprietor, mortgagee, lessee, or under any other title, or if in the delivery of possession to the purchaser any such person claiming as aforesaid is dispossessed, the Court, on the complaint of the purchaser or of such person claiming as aforesaid, if made within one month from the date of such resistance or obstruction or of such dispossession, as the case may be, shall inquire into the matter of the complaint and make such order as may be proper in the circumstances of the case.

(c) The person against whom any such order is made shall be at liberty to bring an action to establish his right at any time within three months from the date of the order.

(HK)8. Special rules as to the sale of movable property (O. 47, r. 8)

(1) (a) Where the property sold consists of movable property in the possession of the judgment debtor, or to the immediate possession of which the judgment debtor is entitled, and of which actual seizure has been made, the property shall be delivered to the purchaser.

(b) Where the property sold consists of movable property to which the judgment debtor is entitled subject to a lien or right of any person to the immediate possession thereof, the delivery to the purchaser shall as far as practicable be made by the bailiff giving notice to the person in possession prohibiting him from delivering possession of the property to any person except the purchaser.

(2) Where the property sold consists of debts, not being negotiable instruments, or of shares in any public company or corporation, the Court shall, on the application of the purchaser, make an order prohibiting the judgment debtor from receiving the debts and his debtor from making payment thereof to any person except the purchaser, or prohibiting the person in whose name the shares are standing from making any transfer of the shares to any person except the purchaser, or receiving payment of any dividends thereon, and the manager, secretary or other proper officer of the company or corporation from permitting any such transfer or making any such payment to any person except the purchaser.

(3) Where the property sold consists of a negotiable instrument of which actual seizure has been made the same shall be delivered to the purchaser.

(4) (a) If the execution of a transfer by any person in whose name any share in a public company or corporation is standing, or the indorsement by any person of any negotiable instrument, or the

Cap 4A - THE RULES OF THE HIGH COURT 146

execution by any person of any deed or other instrument relating to immovable property or any interest therein, is lawfully required to give effect to any sale in execution of a judgment, the Registrar, with the sanction of the Court, may- (i) execute such transfer; or (ii) endorse such negotiable instrument; or (iii) execute such deed or other instrument.

(b) The execution of such transfer, the endorsement of such negotiable instrument and the execution of such deed or other instrument by the Registrar shall have the same effect as the execution and the endorsement by the person whose execution or endorsement is so required as aforesaid.

(c) Until the execution of such transfer or the endorsement of such negotiable instrument the Court may, by order, appoint some person to receive any dividend or interest due in respect of any such share or negotiable instrument.

(Enacted 1988)

Order: 48 EXAMINATION OF JUDGMENT DEBTOR, ETC. L.N. 108 of 2002 28/06/2002

1. Order for examination of judgment debtor (O. 48, r. 1)

(1) Where a person has obtained a judgment or order for the payment by some other person (hereinafter referred to as "the judgment debtor") of money, the Court may, on an application made ex parte by the person entitled to enforce the judgment or order, order the judgment debtor or, if the judgment debtor is a body corporate, an officer thereof, to attend before the Registrar or such officer as the Court may appoint and be orally examined on the questions-

(a) whether any and, if so, what debts are owing to the judgment debtor, and (b) whether the judgment debtor has any and, if so, what other property or means of satisfying the

judgment or order, and the Court may also order the judgment debtor or officer to produce any books or documents in the possession of the judgment debtor relevant to the questions aforesaid at the time and place appointed for the examination.

(2) An order under this rule must be served personally on the judgment debtor and on any officer of a body corporate ordered to attend for examination.

(3) Any difficulty arising in the course of an examination under this rule before the Registrar or officer, including any dispute with respect to the obligation of the person being examined to answer any question put to him, may be referred to a judge and he may determine it or give such directions for determining it as he thinks fit.

2. Examination of party liable to satisfy other judgment (O. 48, r. 2)

Where any difficulty arises in or in connection with the enforcement of any judgment or order, other than such a judgment or order as is mentioned in rule 1, the Court may make an order under that rule for the attendance of the party liable to satisfy the judgment or order and for his examination on such questions as may be specified in the order, and that rule shall apply accordingly with the necessary modifications.

3. Record of judgment debtor's evidence given at examination (O. 48, r. 3)

The Registrar or officer conducting the examination shall cause to be recorded, by means of shorthand notes or mechanical, electronic or optical device or otherwise, the evidence given by the judgment debtor or other person at the examination.

(L.N. 108 of 2002) (Enacted 1988)

Order: 49 GARNISHEE PROCEEDINGS L.N. 26 of 2005 01/05/2005

1. Attachment of debt due to judgment debtor (O. 49, r. 1)

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(1) Where a person (in this Order referred to as "the judgment creditor") has obtained a judgment or order for the payment by some other person (in this Order referred to as "the judgment debtor") of a sum of money amounting in value to at least $1000, not being a judgment or order for the payment of money into court, and any other person within the jurisdiction (in this Order referred to as "the garnishee") is indebted to the judgment debtor, the Court may, subject to the provisions of this Order and of any written law, order the garnishee to pay the judgment creditor the amount of any debt due or accruing due to the judgment debtor from the garnishee, or so much thereof as is sufficient to satisfy that judgment or order and the costs of the garnishee proceedings. (See App. A, Forms 72-74)

(2) An order under this rule shall in the first instance be an order to show cause, specifying the time and place for further consideration of the matter, and in the meantime attaching such debt as is mentioned in paragraph (1), or so much thereof as may be specified in the order, to answer the judgment or order mentioned in that paragraph and the costs of the garnishee proceedings.

2. Application for order (O. 49, r. 2)

An application for an order under rule 1 must be made ex parte supported by an affidavit- (a) stating the name and the last known address of the judgment debtor, (b) identifying the judgment or order to be enforced and stating the amount remaining unpaid under it at

the time of the application, (ba) if the amount remaining unpaid under the judgment or order is arrears of maintenance, stating-

(i) the interest payable in respect of the arrears of maintenance that the judgment creditor is entitled to under section 20A(2) of the Guardianship of Minors Ordinance (Cap 13), section 9B(2) of the Separation and Maintenance Orders Ordinance (Cap 16), section 53A(2) of the Matrimonial Causes Ordinance (Cap 179) or section 28AA(2) of the Matrimonial Proceedings and Property Ordinance (Cap 192), as the case may be; and

(ii) the surcharge payable in respect of the arrears of maintenance under section 20B(1) of the Guardianship of Minors Ordinance (Cap 13), section 9C(1) of the Separation and Maintenance Orders Ordinance (Cap 16), section 53B(1) of the Matrimonial Causes Ordinance (Cap 179) or section 28AB(1) of the Matrimonial Proceedings and Property Ordinance (Cap 192), as the case may be; (18 of 2003 s. 13)

(c) stating that to the best of the information or belief of the deponent the garnishee (naming him) is within the jurisdiction and is indebted to the judgment debtor and stating the sources of the deponent's information or the grounds for his belief, and

(d) stating, where the garnishee is a bank having more than one place of business, the name and address of the branch at which the judgment debtor's account is believed to be held or, if it be the case, that this information is not known to the deponent.

3. Service and effect of order to show cause (O. 49, r. 3)

(1) Unless the Court otherwise directs, an order under rule 1 to show cause must be served- (a) on the garnishee personally, at least 15 days before the day appointed thereby for the further

consideration of the matter, and (b) on the judgment debtor, at least 7 days after the order has been served on the garnishee and at least 7

days before the day appointed for the further consideration of the matter. (2) Such an order shall bind in the hands of the garnishee as from the service of the order on him any debt

specified in the order or so much thereof as may be so specified.

4. No appearance or dispute of liability by garnishee (O. 49, r. 4)

(1) Where on the further consideration of the matter the garnishee does not attend or does not dispute the debt due or claimed to be due from him to the judgment debtor, the Court may make an order absolute under rule 1 against the garnishee. (See App. A, Forms 73, 74)

(2) An order absolute under rule 1 against the garnishee may be enforced in the same manner as any other order for the payment of money.

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5. Dispute of liability by garnishee (O. 49, r. 5)

Where on the further consideration of the matter the garnishee disputes liability to pay the debt due or claimed to be due from him to the judgment debtor, the Court may summarily determine the question at issue or order that any question necessary for determining the liability of the garnishee be tried in any manner in which any question or issue in an action may be tried, without if it orders trial before a master the need for any consent by the parties.

6. Claims of third persons (O. 49, r. 6)

(1) If in garnishee proceedings it is brought to the notice of the Court that some other person than the judgment debtor is or claims to be entitled to the debt sought to be attached or has or claims to have a charge or lien upon it, the Court may order that person to attend before the Court and state the nature of his claim with particulars thereof.

(2) After hearing any person who attends before the Court in compliance with an order under paragraph (1), the Court may summarily determine the questions at issue between the claimants or make such other order as it thinks just, including an order that any question or issue necessary for determining the validity of the claim of such other person as is mentioned in paragraph (1) be tried in such manner as is mentioned in rule 5.

8. Discharge of garnishee (O. 49, r. 8)

Any payment made by a garnishee in compliance with an order absolute under this Order, and any execution levied against him in pursuance of such an order, shall be a valid discharge of his liability to the judgment debtor to the extent of the amount paid or levied notwithstanding that the garnishee proceedings are subsequently set aside or the judgment or order from which they arose reversed.

9. Money in court (O. 49, r. 9)

(1) Where money is standing to the credit of the judgment debtor in court, the judgment creditor shall not be entitled to take garnishee proceedings in respect of that money but may apply to the Court by summons for an order that the money or so much thereof as is sufficient to satisfy the judgment or order sought to be enforced and the costs of the application be paid to the judgment creditor.

(2) The money to which the application relates shall not be paid out of court until after the determination of the application.

(3) Unless the Court otherwise directs, the summons must be served on the judgment debtor at least 7 days before the day named therein for the hearing of it.

(4) Subject to Order 75, rule 24, the Court hearing an application under this rule may make such order with respect to the money in court as it thinks just.

10. Costs (O. 49, r. 10)

The costs of any application for an order under rule 1 or 9, and of any proceedings arising therefrom or incidental thereto, shall, unless the Court otherwise directs, be retained by the judgment creditor out of the money recovered by him under the order and in priority to the judgment debt.

(Enacted 1988)

Order: 49B (HK) EXECUTION AND ENFORCEMENT OF JUDGMENT FOR MONEY BY IMPRISONMENT

L.N. 108 of 2002 28/06/2002

1. Securing attendance at examination (O. 49B, r. 1)

(1) Where a judgment for the payment of a specified sum of money is, wholly or partly, unsatisfied, the Court, on an ex parte application of the judgment creditor, may order that the judgment debtor be examined under rule 1A and shall, for the purpose of securing the attendance of the judgment debtor at an examination under rule 1A either-

(a) order the judgment debtor, by an order which shall be served personally upon him, to appear before the Court at a time appointed by the Court, with such documents or records as the Court may specify; or

Cap 4A - THE RULES OF THE HIGH COURT 149

(b) where it appears to the Court that there is reasonable cause, from all the circumstances of the case, including the conduct of the judgment debtor, to believe that an order under paragraph (a) may be ineffective to secure the attendance of the judgment debtor for examination, order that he be arrested and brought before the Court before the expiry of the day after the day of arrest.

(2) On an application under paragraph (1), the Court may make an order prohibiting the judgment debtor from leaving Hong Kong.

(3) Where a judgment debtor fails to appear as ordered under paragraph (1)(a), the Court may order that he be arrested and brought before the Court for examination before the expiry of the day after the day of arrest.

(4) Section 71 of the Interpretation and General Clauses Ordinance (Cap 1) shall not apply to this rule. (5) The order for arrest shall be in Form No. 102 in Appendix A.

1A. Examination of debtor (O. 49B, r. 1A)

(1) Upon appearance of the judgment debtor for examination, he shall give evidence and he may be examined on oath by the judgment creditor and the Court; and the Court may receive such other evidence as it thinks fit.

(2) The judgment debtor shall, at his examination, make a full disclosure of all his assets, liabilities, income and expenditure and of the disposal of any assets or income and shall, subject to the directions of the Court, answer all questions put to him.

(3) Where the examination is adjourned, the Court shall order that the judgment debtor appear at the resumption of the examination and may-

(a) order that he be prohibited from leaving Hong Kong; or (b) where it appears to the Court that there is reasonable cause, from all the circumstances of the case,

including any evidence heard by the Court and the conduct of the judgment debtor, to believe that he may not appear at the resumption of the examination, order that he be imprisoned until that resumption.

(4) The order under paragraph (3)(b) shall be in Form No. 103 in Appendix A.

1AA. Record of judgment debtor's evidence given at examination (O. 49B, r. 1AA)

The Court shall cause to be recorded, by means of shorthand notes or mechanical, electronic or optical device or otherwise, the evidence given by the judgment debtor at the examination conducted under rule 1A.

(L.N. 108 of 2002)

1B. Power of the Court following examination (O. 49B, r. 1B)

(1) Where the Court is satisfied, following the examination conducted under rule 1A or following an examination conducted under Order 48, that the judgment debtor-

(a) is able to satisfy the judgment, wholly or partly; or (b) has disposed of assets with a view to avoiding satisfaction of the judgment or the liability which is the

subject of the judgment, wholly or partly; or (c) has wilfully failed to make a full disclosure as required under rule 1A(2) or at the examination under

Order 48 or to answer any question as provided under that rule or Order, it may, in its discretion, order the imprisonment of the judgment debtor for a period not exceeding 3 months.

(2) (a) Where the Court is satisfied, following the examination conducted under rule 1A or following an examination conducted under Order 48, that the judgment debtor is able or will be able to satisfy the judgment, wholly or partly, by instalments or otherwise, it may order him to satisfy the judgment in such manner as it thinks fit.

(b) The Court may, on application, discharge, vary or suspend an order made under sub-paragraph (a), either absolutely or subject to such conditions as it thinks fit.

(3) (a) Where the judgment debtor fails to comply with an order made under paragraph (2), the judgment creditor may apply to the Court, on not less than 2 clear days notice to the judgment debtor, for an order for the imprisonment of the judgment debtor and the Court may, unless the judgment debtor

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shows good cause, order the imprisonment of the judgment debtor for a period not exceeding 3 months.

(b) Notwithstanding rule 7, the Court may order the imprisonment of the judgment debtor on each occasion of a failure to comply with an order under paragraph (2) or more than once in respect of a continuing failure to comply with an order under that paragraph.

(4) The order for imprisonment shall be in Form No. 104 in Appendix A. (5) The application under paragraph (3)(a) shall be in Form No. 105 in Appendix A. (6) An order under paragraph (1), (2) or (3) shall not prevent execution of the judgment by other means unless

the Court so directs. (7) An order for imprisonment of a judgment debtor shall be made in open court.

1C. Imprisonment not to satisfy debt (O. 49B, r. 1C)

An order for imprisonment under this Order shall not satisfy or extinguish any judgment debt.

2. Support and maintenance allowance to prisoner for debt (O. 49B, r. 2)

When a judgment debtor is committed to prison in execution of the judgment the Court shall fix whatever monthly allowance it may think sufficient for his support and maintenance, not exceeding $660 per diem, which shall be paid by the person at whose instance the judgment has been executed to the Commissioner of Correctional Services by monthly payments in advance, the second and subsequent such payments to be made not less than 7 days before the last preceding such payment is exhausted.

(L.N. 74 of 1989; L.N. 403 of 1992; L.N. 167 of 1994; L.N. 419 of 1995)

3. Removal to hospital of prisoner for debt in case of serious illness (O. 49B, r. 3)

(1) In case of the serious illness of any person imprisoned in execution of a judgment it shall be lawful for the Court, on the certificate of the medical officer of the prison in which he is confined or of the Director of Health of the Government, to make an order for the removal of the judgment debtor to a hospital and for his treatment there under custody until further order. (L.N. 76 of 1989)

(2) In any such case the period of the judgment debtor's stay in hospital shall be counted as part of his term of imprisonment and his support and maintenance money shall be paid as if no such order had been made.

4. Release of prisoner for debt (O. 49B, r. 4)

Every person arrested or imprisoned in execution of a judgment shall be released at any time on the judgment being fully satisfied, or at the request of the person at whose instance the judgment has been executed, or on such person omitting to pay his support and maintenance money.

5. Recovery of amount of support and maintenance money (O. 49B, r. 5)

All sums paid by a plaintiff for the support and maintenance of a person imprisoned in execution of a judgment shall be added to the costs of the judgment and shall be recoverable by the attachment and sale of the property of the judgment debtor; but the judgment debtor shall not be detained in custody or arrested on account of any sum so paid.

6. Recovery of costs of execution (O. 49B, r. 6)

The costs of obtaining and executing the order and warrant of arrest or imprisonment shall be added to the costs of the judgment and shall be recoverable accordingly.

7. Effect of discharge of prisoner for debt (O. 49B, r. 7)

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Subject to rule 1B(3)(b), when any person imprisoned in execution of a judgment has been once discharged he shall not again be imprisoned on account of the same judgment, but his property shall continue liable, under the ordinary rules, to attachment and sale until the judgment is fully satisfied.

8. Meaning of "judgment creditor" (O. 49B, r. 8)

In this Order, "judgment creditor" (判定債權人) includes any person entitled to enforce the judgment. (Enacted 1988)

Order: 50 CHARGING ORDERS, STOP ORDERS, ETC. L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

1. Order imposing a charge on a beneficial interest (O. 50, r. 1)

(2) An application by a judgment creditor for a charging order in respect of a judgment debtor's beneficial interest may be made ex parte, and any order made on such an application shall in the first instance be an order, made in Form No. 75 in Appendix A, to show cause, specifying the time and place for further consideration of the matter and imposing the charge in any event until that time. (See also App. A, Form 76)

(3) The application shall be supported by an affidavit- (a) identifying the judgment or order to be enforced and stating the amount unpaid at the date of the

application; (b) stating the name of the judgment debtor and of any creditor of his whom the applicant can identify; (ba) if the amount unpaid under the judgment or order is arrears of maintenance, stating-

(c) giving full particulars of the subject-matter of the intended charge, including, in the case of securities other than securities in court, the full title of the securities, their amount and the name in which they stand and, in the case of funds in court, the number of the account; and

(d) verifying that the interest to be charged is owned beneficially by the judgment debtor. (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. (5) An application may be made for a single charging order in respect or more than one judgment or order

against the debtor.

2. Service of notice of order to show cause (O. 50, r. 2)

(1) On the making of an order to show cause, notice of the order shall, unless the Court otherwise directs, be served as follows-

(a) a copy of the order, together with a copy of the affidavit in support, shall be served on the judgment debtor;

(b) where the order relates to securities other than securities in court, copies of the order shall also be served- (iii) in the case of stock of any body incorporated within Hong Kong, on that body; (iv) in the case of stock of any body incorporated outside Hong Kong, being stock registered in a

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register kept in Hong Kong, on the keeper of the register; (v) in the case of units of any unit trust in respect of which a register of unit holders is kept in Hong

Kong, on the keeper of the register; (c) where the order relates to a fund in court, a copy of the order shall be served on the Registrar at the

Registry, and (d) where the order relates to an interest under a trust, copies of the order shall be served on such of the

trustees as the Court may direct. (2) Without prejudice to the provisions of paragraph (1) the Court may, on making the order to show cause,

direct the service of copies of the order, and of the affidavit in support, on any other creditor of the judgment debtor or on any other interested person as may be appropriate in the circumstances.

(3) Documents to be served under this rule must be served at least seven days before the time appointed for the further consideration of the matter.

3. Order made on further consideration (O. 50, r. 3)

(1) On the further consideration of the matter the Court shall either make the order absolute, with or without modifications, or discharge it.

(2) Where the order is made absolute, it shall be in Form 76 in Appendix A, and where it is discharged, the provisions of rule 7, regarding the service of copies of the order of discharge, shall apply.

4. Order imposing a charge on an interest held by a trustee (O. 50, r. 4)

(1) Save as provided by this rule, the provisions of rules 1, 2 and 3 shall apply to an order charging an interest held by a trustee as they apply to an order charging the judgment debtor's beneficial interest.

(2) Instead of verifying the judgment debtor's beneficial ownership of the interest to be charged, the affidavit required by rule 1(3) shall state the ground on which the application is based and shall verify the material facts.

(3) On making the order to show cause, the Court shall give directions for copies of the order, and of the affidavit in support, to be served on such of the trustees and beneficiaries, if any, as may be appropriate.

(4) Rules 5, 6 and 7 shall apply to an order charging an interest held by a trustee as they apply to an order charging the judgment debtor's beneficial interest, except that, where the order is made under subsection (ii) or (iii) of section 20A(1)(b) of the Ordinance references in those rules to "the judgment debtor" shall be references to the trustee.

(5) Forms No. 75 and 76 in Appendix A shall be modified so as to indicate that the interest to be charged is held by the debtor as trustee or, as the case may be, that it is held by a trustee (to be named in the order) on trust for the debtor beneficially.

5. Effect of order in relation to securities out of court (O. 50, r. 5)

(1) No disposition by the judgment debtor of his interest in any securities to which an order to show cause relates made after the making of that order shall, so long as that order remains in force, be valid as against the judgment creditor.

(2) Until such order is discharged or made absolute, the person or body served in accordance with rule 2(1)(b) shall not permit any transfer of any of the securities specified in the order, or pay any dividend, interest or redemption payment in relation thereto, except with the authority of the Court, and, if it does so, shall be liable to pay the judgment creditor the value of the securities transferred or, as the case may be, the amount of the payment made or, if that value or amount is more than sufficient to satisfy the judgment or order to which such order relates, so much thereof as is sufficient to satisfy it.

(3) If the Court makes the order absolute, a copy of the order, including a stop notice as provided in Form No. 76 in Appendix A, shall be served on the person or body specified in rule 2(1)(b) as may be appropriate and, save as provided in rule 7(5), rules 11 to 14 shall apply to such a notice as they apply to a stop notice made and served under rule 11.

(4) This rule does not apply to orders in respect of securities in court.

6. Effect of order in relation to funds in court (O. 50, r. 6)

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(1) Where an order to show cause has been made in relation to funds in court (including securities in court) and a copy thereof has been served on the Registrar in accordance with rule 2, no disposition by the judgment debtor of any interest to which the order relates, made after the making of that order, shall, so long as the order remains in force, be valid as against the judgment creditor.

(2) If the Court makes the order absolute, a copy of the order shall be served on the Registrar at the Registry.

7. Discharge, etc., of charging order (O. 50, r. 7)

(1) Subject to paragraph (2) on the application of the judgment debtor or any other person interested in the subject-matter of the charge, the Court may, at any time, whether before or after the order is made absolute, discharge or vary the order on such terms (if any) as to costs or otherwise as it thinks just.

(2) Where an application is made for the discharge of a charging order in respect of the judgment debtor's land on the ground that the judgment debt has been satisfied, the applicant shall state in his application, and the Court shall specify in its order the lot number of the land and the memorial number of any relevant charge registered against the land.

(3) Notice of an application for the discharge or variation of the order shall be served on such interested parties as the Court may direct.

(4) Where an order is made for the discharge or variation of a charging order in respect of funds in court, a copy thereof shall be served on the Registrar at the Registry.

(5) Where an order is made for the discharge or variation of a charging order in respect of securities other than securities in court, a copy thereof shall be served on the person or body specified in rule 2(1)(b) as may be appropriate, and the service thereof shall discharge, or, as the case may be, vary, any stop notice in respect of such securities which may be in force pursuant to the original order.

9. Jurisdiction of master to grant injunction (O. 50, r. 9)

A master shall have power to grant an injunction if, and only so far as, it is ancillary or incidental to an order under rule 1, 3 or 4 and an application for an injunction under this rule may be joined with the application for the order under rule 1, 3 or 4 to which it relates.

9A. Enforcement of charging order by sale (O. 50, r. 9A)

(1) Proceedings for the enforcement of a charging order by sale of the property charged must be begun by originating summons.

(2) The provisions of Order 88 shall apply to all such proceedings.

10. Funds in court: stop order (O. 50, r. 10)

(1) The Court, on the application of any person- (a) who has a mortgage or charge on the interest of any person in funds in court, or (b) to whom that interest has been assigned, or (c) who is a judgment creditor of the person entitled to that interest,

may make an order prohibiting the transfer, sale, delivery out, payment or other dealing with such funds, or any part thereof, or the income thereon, without notice to the applicant. (See App. A, Form 79)

(2) An application for an order under this rule must be made by summons in the cause or matter relating to the funds in court, or, if there is no such cause or matter, by originating summons.

(3) The summons must be served on every person whose interest may be affected by the order applied for but shall not be served on any other person. (HK)(4) Without prejudice to the Court's powers and discretion as to costs, the Court may order the applicant for an order under this rule to pay the costs of any party to the cause or matter relating to the funds in question, or of any person interested in those funds occasioned by the application.

11. Securities not in court: stop notice (O. 50, r. 11)

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(1) Any person claiming to be beneficially entitled to an interest in any securities of the kinds set out in section 20A(2)(b) of the Ordinance, other than securities in court, who wishes to be notified of any proposed transfer or payment of those securities may avail himself of the provisions of this rule.

(2) A person claiming to be so entitled must file in the Registry- (a) an affidavit identifying the securities in question and describing his interest therein by reference to the

document under which it arises, and (b) a notice in Form No. 80 in Appendix A (a stop notice), signed by the deponent to the affidavit, and

annexed to it, addressed to the body or unit trust concerned, and must serve an office copy of the affidavit, and a copy of the notice sealed with the Seal of the Court on that person or body as provided in rule 2(1)(b).

(3) There must be endorsed on the affidavit filed under this rule a note stating the address to which any such notice as is referred to in rule 12 is to be sent and, subject to paragraph (4), that address shall for the purpose of that rule be the address for service of the person on whose behalf the affidavit is filed.

(4) A person on whose behalf an affidavit under this rule is filed may change his address for service for the purpose of rule 12 by serving on the person or body concerned, a notice to that effect, and as from the date of service of such a notice the address stated therein shall for the purpose of that rule be the address for service of that person.

12. Effect of stop notice (O. 50, r. 12)

Where a stop notice has been served in accordance with rule 11, then, so long as the stop notice is in force, the person or body on which it is served shall not register a transfer of the securities or take any other steps restrained by the stop notice until 14 days after sending notice thereof, by ordinary pre-paid post, to the person on whose behalf the stop notice was filed, but shall not by reason only of that notice refuse to register a transfer, or to take any other step, after the expiry of that period.

13. Amendment of stop notice (O. 50, r. 13)

If any securities are incorrectly described in a stop notice which has been filed and of which a sealed copy has been served in accordance with rule 11, an amended stop notice may be filed and served in accordance with the same procedure and shall take effect as a stop notice on the day on which the sealed copy of the amended notice is served.

14. Withdrawal, etc. of stop notice (O. 50, r. 14)

(1) The person on whose behalf a stop notice was filed may withdraw it by serving a request for its withdrawal on the person or body on whom the notice was served.

(2) Such request must be signed by the person on whose behalf the notice was filed and his signature must be witnessed by a practising solicitor.

(3) The Court, on the application of any person claiming to be beneficially entitled to an interest in the securities to which a notice under rule 11 relates, may by order discharge the notice.

(4) An application for an order under paragraph (3) must be made by originating summons, and the summons must be served on the person on whose behalf a stop notice was filed.

The summons shall be in Form No. 10 in Appendix A.

15. Order prohibiting transfer, etc. of securities (O. 50, r. 15)

(1) The Court, on the application of any person claiming to be beneficially entitled to an interest in any securities of the kinds set out in section 20A(2)(b) of the Ordinance may by order prohibit the person or body concerned from registering any transfer of the securities or taking any other step to which section 55C(4) of the Ordinance applies. (See App. A, Form 81) (L.N. 356 of 1988)

The order shall specify the securities to which the prohibition relates, the name in which they stand and the steps which may not be taken, and shall state whether the prohibition applies to the securities only or to the dividends or interest as well.

(2) An application for an order under this rule must be made by summons. (L.N. 152 of 2008) An originating summons under this rule shall be in Form No. 10 in Appendix A.

Cap 4A - THE RULES OF THE HIGH COURT 155

(3) The Court, on the application of any person claiming to be entitled to an interest in any securities to which an order under this rule relates, may vary or discharge the order on such terms (if any) as to costs or otherwise as it thinks fit.

(Enacted 1988)

Order: 51 RECEIVERS: EQUITABLE EXECUTION 25 of 1998 01/07/1997

Remarks: Adaptation amendments retroactively made - see 25 of 1998 s. 2

1. Appointment of receiver by way of equitable execution (O. 51, r. 1)

(1) Where an application is made for the appointment of a receiver by way of equitable execution, the Court in determining whether it is just or convenient that the appointment should be made shall have regard to the amount claimed by the judgment creditor, to the amount likely to be obtained by the receiver and to the probable costs of his appointment and may direct an inquiry on any of these matters or any other matter before making the appointment. (See App. A, Form 84)

2. Masters may appoint receiver etc. (O. 51, r. 2)

A master shall have power to make an order for the appointment of a receiver by way of equitable execution and to grant an injunction if, and only so far as, the injunction is ancillary or incidental to such order.

3. Application of rules as to appointment of receiver, etc. (O. 51, r. 3)

An application for the appointment of a receiver by way of equitable execution may be made in accordance with Order 30, rule 1, and rules 2 to 6 of that Order shall apply in relation to a receiver appointed by way of equitable execution as they apply in relation to a receiver appointed for any other purpose. (See App. A, Forms 82, 83)

(Enacted 1988)

Order: 52 COMMITTAL L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

1. Committal for contempt of court (O. 52, r. 1)

The power of the Court or of the Court of Appeal to punish for contempt of court may be exercised by an order of committal made by a single Judge or by a single justice of appeal. (See App. A, Form 85)

(HK)2. Grant of leave to apply for committal (O. 52, r. 2)

(HK)(1) No application for an order of committal against any person may be made unless leave to make such an application has been granted in accordance with this rule.

(2) An application for such leave must be made ex parte to a judge, and must be supported by a statement setting out the name and description of the applicant, the name, description and address of the person sought to be committed and the grounds on which his committal is sought, and by an affidavit, to be filed before the application is made, verifying the facts relied on.

(3) The applicant must give notice of the application for leave not later than the preceding day to the Registrar and must at the same time lodge with the Registrar copies of the statement and affidavit. (HK)(4) The judge may determine the application for leave without a hearing, unless a hearing is requested in the notice of application, and need not sit in open court; and in any case the Registrar shall serve a copy of the judge's order on the applicant.

Cap 4A - THE RULES OF THE HIGH COURT 156

(HK)(5) Where an application for leave is refused by a judge or is granted on terms, the applicant may appeal against the judge's order to the Court of Appeal within 10 days after such order. (HK)(6) Without prejudice to the powers conferred by Order 20, rule 8, the judge hearing an application for leave may allow the applicant's statement to be amended on such terms, if any, as the judge thinks fit. (HK)(7) If the judge grants leave he may impose such terms as to costs and as to giving of security as be thinks fit.

3. Application for order after leave to apply granted (O. 52, r. 3)

(1) When leave has been granted to make an application for an order of committal, the application shall be made by originating summons to a judge and unless the Court granting leave has otherwise directed, there must be at least 8 clear days between the service of the originating summons and the day named therein for the hearing. (L.N. 125 of 1991)

(1A)The originating summons shall state the grounds in respect of which leave for making an application for an order of committal has been granted. (L.N. 108 of 2002)

(2) Unless within 14 days after such leave was granted the originating summons is entered for hearing the leave shall lapse.

(3) The originating summons, accompanied by a copy of the statement and affidavit in support of the application for leave under rule 2, must be served personally on the person sought to be committed.

(4) Without prejudice to the powers of the Court under Order 65, rule 4, the Court may dispense with service of the originating summons under this rule if it thinks it just to do so.

(L.N. 152 of 2008)

5. Saving for power to commit without application for purpose (O. 52, r. 5)

Nothing in the foregoing provisions of this Order shall be taken as affecting the power of the Court of First Instance or the Court of Appeal to make an order of committal of its own motion against a person guilty of contempt of court.

(25 of 1998 s. 2)

6. Provisions as to hearing (O. 52, r. 6)

(1) Subject to paragraph (2), the Court hearing an application for an order of committal may sit in private in the following cases, that is to say-

(a) where the application arises out of proceedings relating to the wardship or adoption of an infant or wholly or mainly to the guardianship, custody, maintenance or upbringing of an infant, or rights of access to an infant;

(b) where the application arises out of proceedings relating to a person suffering or appearing to be suffering from mental disorder within the meaning of the Mental Health Ordinance (Cap 136);

(d) where it appears to the Court that in the interests of the administration of justice or for reasons affecting the security of Hong Kong the application should be heard in private;

but, except as aforesaid, the application shall be heard in open court. (2) If the Court hearing an application in private by virtue of paragraph (1) decides to make an order of

committal against the person sought to be committed, it shall in open court state- (a) the name of that person, (b) in general terms the nature of the contempt of court in respect of which the order of committal is being

made, and (c) the length of the period for which he is being committed.

(3) Except with the leave of the Court hearing an application for an order of committal, no grounds shall be relied upon at the hearing except the grounds as stated in the originating summons under rule 3(1A). (L.N. 108 of 2002; L.N. 152 of 2008)

The foregoing provision is without prejudice to the powers of the Court under Order 20, rule 8.

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(4) If on the hearing of the application the person sought to be committed expresses a wish to give oral evidence on his own behalf, he shall be entitled to do so.

7. Power to suspend execution of committal order (O. 52, r. 7)

(1) The Court by whom an order of committal is made may by order direct that the execution of the order of committal shall be suspended for such period or on such terms or conditions as it may specify.

(2) Where execution of an order of committal is suspended by an order under paragraph (1), the applicant for the order of committal must, unless the Court otherwise directs, serve on the person against whom it was made a notice informing him of the making and terms of the order under that paragraph.

8. Discharge of person committed (O. 52, r. 8)

(1) The Court may, on the application of any person committed to prison for any contempt of court, discharge him.

(2) Where a person has been committed for failing to comply with a judgment or order requiring him to deliver any thing to some other person or to deposit it in court or elsewhere, and a writ of sequestration has also been issued to enforce that judgment or order, then, if the thing is in the custody or power of the person committed, the commissioners appointed by the writ of sequestration may take possession of it as if it were the property of that person and, without prejudice to the generality of paragraph (1), the Court may discharge the person committed and may give such directions for dealing with the thing taken by the commissioners as it thinks fit.

9. Saving for other powers (O. 52, r. 9)

Nothing in the foregoing provisions of this Order shall be taken as affecting the power of the Court to make an order requiring a person guilty of contempt of court, or a person punishable by virtue of any written law in like manner as if he had been guilty of contempt of the Court of First Instance, to pay a fine or to give security for his good behaviour, and those provisions, so far as applicable, and with the necessary modifications, shall apply in relation to an application for such an order as they apply in relation to an application for an order of committal.

(25 of 1998 s. 2) (Enacted 1988)

Order: 53 APPLICATIONS FOR JUDICIAL REVIEW L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

1A. Interpretation (O. 53, r. 1A)

In this Order- "application for judicial review" (司法覆核申請) includes an application in accordance with this Order for a review

of the lawfulness of- (a) an enactment; or (b) a decision, action or failure to act in relation to the exercise of a public function;

"interested party" (有利害關係的一方、有利害關係的各方), in relation to an application for judicial review, means any person (other than the applicant and respondent) who is directly affected by the application.

(L.N. 152 of 2008)

1. Cases appropriate for application for judicial review (O. 53, r. 1)

(1) An application for judicial review must be made if the applicant is seeking- (a) an order for mandamus, prohibition or certiorari; or (b) an injunction under section 21J of the Ordinance restraining a person from acting in any office in

Cap 4A - THE RULES OF THE HIGH COURT 158

which he is not entitled to act. (2) An application for judicial review may be made if the applicant is seeking-

(a) a declaration; or (b) an injunction (not being an injunction mentioned in paragraph (1)(b)).

(3) An application for judicial review may include an application for an award of damages, restitution or the recovery of a sum due but may not seek such a remedy alone.

(L.N. 152 of 2008)

2. Joinder of claims for relief (O. 53, r. 2)

On an application for judicial review any relief mentioned in rule 1(1) or (2) may be claimed as an alternative or in addition to any other relief so mentioned if it arises out of or relates to or is connected with the same matter.

3. Grant of leave to apply for judicial review (O. 53, r. 3)

(1) No application for judicial review shall be made unless the leave of the Court has been obtained in accordance with this rule.

(2) An application for leave must be made ex parte by filing in the Registry- (a) a notice in Form No. 86 in Appendix A containing a statement of-

(i) the name and description of the applicant; (ii) the name and description of the respondent; (iii) the relief sought and the grounds on which it is sought; (iv) the name and description of all interested parties (if any) known to the applicant; (v) the name and address of the applicant's solicitors (if any); and (vi) if no solicitor acts for the applicant, the applicant’s address for service; and (L.N. 152 of 2008)

(b) an affidavit verifying the facts relied on. (3) The judge may determine the application for leave without a hearing, unless a hearing is requested in the

notice of application, and need not sit in open court; and in any case the Registrar shall serve a copy of the judge's order on the applicant. (L.N. 152 of 2008) (HK)(4) Where an application for leave is refused by a judge or is granted on terms, the applicant may appeal against the judge's order to the Court of Appeal within 14 days after such order. (L.N. 152 of 2008)

(6) Without prejudice to its powers conferred by Order 20, rule 8, the Court hearing an application for leave may allow the applicant's statement to be amended, whether by specifying different or additional grounds or relief or otherwise, on such terms, if any, as the Court thinks fit.

(7) The Court shall not grant leave unless it considers that the applicant has a sufficient interest in the matter to which the application relates.

(8) Where leave is sought to apply for an order of certiorari to remove for the purpose of its being quashed any judgment, order, conviction or other proceeding which is subject to appeal and a time is limited for the bringing of the appeal, the Court may adjourn the application for leave until the appeal is determined or the time for appealing has expired.

(9) If the Court grants leave it may impose such terms as to costs and as to giving security as it thinks fit. (10) Where leave to apply for judicial review is granted, then-

(a) if the relief sought is an order of prohibition or certiorari and the Court so directs, the grant shall operate as a stay of the proceedings to which the application relates until the determination of the application or until the Court otherwise orders;

(b) if any other relief is sought, the Court may at any time grant in the proceedings such interim relief as could be granted in an action begun by writ.

4. Delay in applying for relief (O. 53, r. 4)

(1) An application for leave to apply for judicial review shall be made promptly and in any event within three months from the date when grounds for the application first arose unless the Court considers that there is good reason for extending the period within which the application shall be made. (L.N. 356 of 1988)

(2) Where the relief sought is an order of certiorari in respect of any judgment, order, conviction or other proceeding, the date when grounds for the application first arose shall be taken to be the date of that judgment, order,

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conviction or proceeding. (3) The preceding paragraphs are without prejudice to any statutory provision which has the effect of limiting

the time within which an application for judicial review may be made.

4A. Service of order granting leave (O. 53, r. 4A)

(1) Where leave to make an application for judicial review is granted, the Court may also give directions as to the management of the case.

(2) The applicant for judicial review shall, within 14 days after the leave was granted, serve the order granting leave and any directions given under paragraph (1) on-

(a) the respondent; and (b) such interested parties as may be directed by the Court.

(L.N. 152 of 2008)

5. Mode of applying for judicial review (O. 53, r. 5)

(1) When leave has been granted to make an application for judicial review, the application must be made by originating summons in Form No. 86A in Appendix A to a judge sitting in open court or, if the judge granting leave has so ordered, to a judge in chambers. (L.N. 152 of 2008)

(3) The originating summons must be served on all persons directly affected and, where it relates to any proceedings in or before a court and the object of the application is either to compel the court or an officer of the court to do any act in relation to the proceedings or to quash them or any order made therein, the originating summons must also be served on the clerk or registrar of the court and, where any objection to the conduct of the judge is to be made, on that judge.

(4) Unless the Court granting leave has otherwise directed, there must be at least 10 days between the service of the originating summons and the day named therein for the hearing.

(5) An originating summons must be issued for hearing within 14 days after the grant of leave. (6) An affidavit giving the names and addresses of, and the places and dates of service on, all persons who have

been served with the originating summons must be filed within 7 days of such service and, if any person who ought to be served under this rule has not been served, the affidavit must state that fact and the reason for it; and the affidavit shall be before the Court on the hearing of the originating summons.

(7) If on the hearing of the originating summons the Court is of opinion that any person who ought, whether under this rule or otherwise, to have been served has not been served, the Court may adjourn the hearing on such terms (if any) as it may direct in order that the originating summons may be served on that person.

(L.N. 152 of 2008)

5A. Affidavit evidence (O. 53, r. 5A)

At the hearing of the application for judicial review, no affidavit may be relied on unless- (a) rule 6(3), (4) or (5), as the case may be, has been complied with as regards the use of affidavits; (b) the affidavit has been served in accordance with any direction of the Court; or (c) the Court grants leave.

(L.N. 152 of 2008)

5B. Court's powers to hear any person (O. 53, r. 5B)

(1) Any person may apply for leave to- (a) file evidence; or (b) make representations at the hearing of the application for judicial review.

(2) An application under paragraph (1) must be made promptly. (3) The Court shall not grant leave under paragraph (1) unless the applicant appears to the Court to be a proper

person to be heard at the hearing of the application for judicial review. (L.N. 152 of 2008)

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6. Statements and affidavits (O. 53, r. 6)

(1) Copies of the statement in support of an application for leave under rule 3 must be served with the originating summons and, subject to paragraph (2), no grounds shall be relied upon or any relief sought at the hearing except the grounds and relief set out in the statement. (L.N. 152 of 2008)

(2) The Court may on the hearing of the originating summons allow the applicant to amend his statement, whether by specifying different or additional grounds or relief or otherwise, on such terms, if any, as it thinks fit and may allow further affidavits to be used by him. (L.N. 223 of 1995; L.N. 152 of 2008)

(3) Where the applicant intends to ask to be allowed to amend his statement or to use further affidavits, he shall give notice of his intention and of any proposed amendment to every other party.

(4) Any respondent who intends to use an affidavit at the hearing shall file it in the Registry as soon as practicable and in any event, unless the Court otherwise directs, within 56 days after service upon him of the documents required to be served by paragraph (1). (L.N. 404 of 1991)

(5) Each party to the application must supply to every other party copies of every affidavit which he proposes to use at the hearing, including, in the case of the applicant, the affidavit in support of the application for leave under rule 3.

(6) A reference to a party in paragraphs (3) and (5) includes a reference to an interested party on whom the applicant is required under rule 4A(2) to serve the order granting leave for judicial review. (L.N. 152 of 2008)

7. Claim for damages (O. 53, r. 7)

(1) On an application for judicial review the judge may, subject to paragraph (2), award damages to the applicant if-

(a) he has included in the statement in support of his application for leave under rule 3 a claim for damages arising from any matter to which the application relates, and

(b) the Court is satisfied that, if the claim had been made in an action begun by the applicant at the time of making his application, it could have been awarded damages.

(2) Order 18, rule 12, shall apply to a statement relating to a claim for damages as it applies to a pleading.

8. Application for discovery, interrogatories, cross-examination, etc. (O. 53, r. 8)

(1) Unless the judge otherwise directs, any interlocutory application in proceedings on an application for judicial review may be made to any judge in chambers or a master.

(2) In this paragraph "interlocutory application" (非正審申請) includes an application for an order under Order 24 or 26 or Order 38, rule 2(3), or for an order dismissing the proceedings by consent of the parties.

(3) This rule is without prejudice to any statutory provision or rule of law restricting the making of an order against the Crown.

9. Hearing of application for judicial review (O. 53, r. 9)

(1) On the hearing of any originating summons under rule 5, any person who desires to be heard in opposition to or in support of the originating summons, and appears to the Court to be a proper person to be heard, shall be heard, notwithstanding that he has not been served with the originating summons.

(2) Where the relief sought is or includes an order of certiorari to remove any proceedings for the purpose of quashing them, the applicant may not question the validity of any order, warrant, commitment, conviction, inquisition or record unless before the hearing of the originating summons he has lodged with the Registrar a copy thereof verified by affidavit or accounts for his failure to do so to the satisfaction of the Court hearing the originating summons.

(3) Where an order of certiorari is made in any such case as is referred to in paragraph (2), the order shall, subject to paragraph (4), direct that the proceedings shall be quashed forthwith on their removal into the Court of First Instance. (25 of 1998 s. 2)

(4) Where the relief sought is an order of certiorari and the Court is satisfied that there are grounds for quashing the decision to which the application relates, the Court may, in addition to quashing it, remit the matter to the court,

Cap 4A - THE RULES OF THE HIGH COURT 161

_________________________________________________________________________________________

tribunal or authority concerned with a direction to reconsider it and reach a decision in accordance with the findings of the Court.

(5) Where the relief sought is a declaration, an injunction or damages and the Court considers that it should not be granted on an application for judicial review but might have been granted if it had been sought in an action begun by writ by the applicant at the time of making his application, the Court may, instead of refusing the application, order the proceedings to continue as if they had been begun by writ; and Order 28, rule 8, shall apply.

(L.N. 152 of 2008)

10. Saving for person acting in obedience to mandamus (O. 53, r. 10)

No action or proceeding shall be begun or prosecuted against any person in respect of anything done in obedience to an order of mandamus.

12. Consolidation of applications (O. 53, r. 12)

Where there is more than one application pending under section 21K of the Ordinance against several persons in respect of the same office, and on the same grounds, the Court may order the applications to be consolidated.

13. Order made by judge may be set aside, etc. (O. 53, r. 13)

(HK) An appeal shall lie, from an order of a judge granting or refusing an application for judicial review, to the Court of Appeal, which may set aside or confirm any such order or substitute such order as ought to have been made.

14. Meaning of "Court" (O. 53, r. 14)

In relation to the hearing by a judge of an application for leave under rule 3 or of an application for judicial review, any reference in this Order to "the Court" (法庭) shall, unless the context otherwise requires, be construed as a reference to the judge.

15. Transitional provisions relating to Part 24 of Amendment Rules 2008 (O. 53, r. 15)

(1) Where, immediately before the commencement* of the Amendment Rules 2008, an application for leave to apply for judicial review is pending, then nothing in Part 24 of the Amendment Rules applies in relation to the application and (if leave is granted) the subsequent application for judicial review, and this Order as in force immediately before the commencement continues to apply as if that Part had not been made.

(2) Where, immediately before the commencement of the Amendment Rules 2008, an application for judicial review is pending, then nothing in Part 24 of the Amendment Rules 2008 applies in relation to the application, and this Order as in force immediately before the commencement continues to apply as if that Part had not been made.

(L.N. 152 of 2008) (Enacted 1988)

Note: * Commencement day: 2 April 2009.

Order: 54 APPLICATIONS FOR WRIT OF HABEAS CORPUS 26 of 2012 27/07/2012

1. Application for writ of habeas corpus ad subjiciendum (O. 54, r. 1)

(1) An application for a writ of habeas corpus ad subjiciendum shall be made to a single judge in court, except that-

Cap 4A - THE RULES OF THE HIGH COURT 162

(b) at any time when no judge is sitting in court, it may be made to a judge otherwise than in court; and (c) any application on behalf of a minor must be made in the first instance to a judge otherwise than in

court. (2) An application for such writ may be made ex parte and, subject to paragraph (3), must be supported by an

affidavit by the person restrained showing that it is made at his instance and setting out the nature of the restraint. (3) Where the person restrained is unable for any reason to make the affidavit required by paragraph (2), the

affidavit may be made by some other person on his behalf and that affidavit must state that the person restrained is unable to make the affidavit himself and for what reason.

2. Power of Court to whom ex parte application made (O. 54, r. 2)

(1) The judge to whom an application under rule 1 is made ex parte may make an order forthwith for the writ to issue, or may- (See App. A, Forms 87, 88)

(a) where the application is made otherwise than in court, direct that an originating summons for the writ be issued, or that an application therefor be made by originating summons to a judge in court;

(b) where the application is made to a judge in court, adjourn the application so that notice thereof may be given, or direct that an application be made by originating summons.

(2) The summons must be served on the person against whom the issue of the writ is sought and on such other persons as the judge may direct, and, unless the judge otherwise directs, there must be at least 8 clear days between the service of the summons and the date named therein for the hearing of the application. (26 of 2012 s. 67)

(3) An originating summons under this rule must be in Form No. 87 in Appendix A. (L.N. 152 of 2008) (L.N. 152 of 2008)

3. Copies of affidavits to be supplied (O. 54, r. 3)

Every party to an application under rule 1 must supply to every other party on demand copies of the affidavits which he proposes to use at the hearing of the application.

4. Power to order release of person restrained (O. 54, r. 4)

Without prejudice to rule 2(1), the judge hearing an application for a writ of habeas corpus ad subjiciendum may in his discretion order that the person restrained be released, and such order shall be a sufficient warrant to any superintendent of a prison, constable or other person for the release of the person under restraint.

5. Directions as to return to writ (O. 54, r. 5)

Where a writ of habeas corpus ad subjiciendum is ordered to issue, the judge by whom the order is made shall give directions as to the judge before whom, and the date on which, the writ is returnable.

6. Service of writ and notice (O. 54, r. 6)

(1) Subject to paragraphs (2) and (3), a writ of habeas corpus ad subjiciendum must be served personally on the person to whom it is directed.

(2) If it is not possible to serve such writ personally, or if it is directed to a superintendent of a prison or other public official, it must be served by leaving it with a servant or agent of the person to whom the writ is directed at the place where the person restrained is confined or restrained.

(3) If the writ is directed to more than one person, the writ must be served in manner provided by this rule on the person first named in the writ, and copies must be served on each of the other persons in the same manner as the writ.

(4) There must be served with the writ a notice (in Form No. 90 in Appendix A) stating the judge before whom and the date on which the person restrained is to be brought and that in default of obedience proceedings for committal of the party disobeying will be taken.

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7. Return to the writ (O. 54, r. 7)

(1) The return to a writ of habeas corpus ad subjiciendum must be indorsed on or annexed to the writ and must state all the causes of the detainer of the person restrained.

(2) The return may be amended, or another return substituted therefor, by leave of the judge before whom the writ is returnable.

8. Procedure at hearing of writ (O. 54, r. 8)

When a return to a writ of habeas corpus ad subjiciendum is made, the return shall first be read, and motion then made for discharging or remanding the person restrained or amending or quashing the return, and where that person is brought up in accordance with the writ, his counsel shall be heard first, then counsel for the Crown, and then one counsel for the person restrained in reply.

9. Bringing up prisoner to give evidence, etc. (O. 54, r. 9)

(1) An application for a writ of habeas corpus ad testificandum or of habeas corpus ad respondendum must be made on affidavit to a judge in chambers.

10. Form of writ (O. 54, r. 10)

A writ of habeas corpus must be in Form No. 89, 91 or 92 in Appendix A, whichever is appropriate. (Enacted 1988)

Order: 55 APPEALS TO THE HIGH COURT FROM COURT, TRIBUNAL OR PERSON: GENERAL

25 of 1998 01/07/1997

Remarks: Adaptation amendments retroactively made - see 25 of 1998 s. 2

1. Application (O. 55, r. 1)

(1) Subject to paragraphs (2), (3) and (4), this Order shall apply to every appeal which by or under any enactment lies to the Court of First Instance from any court, tribunal or person. (25 of 1998 s. 2)

(2) This Order shall not apply to- (a) an appeal by case stated,

(HK)(b) an appeal under the Magistrates Ordinance (Cap 227), or (HK)(c) any appeal to which Order 73 applies. (L.N. 363 of 1990) (4) The following rules of this Order shall, in relation to an appeal to which this Order applies, have effect

subject to any provision made in relation to that appeal by any other provision of these rules or by or under any enactment.

(5) In this Order references to a Tribunal shall be construed as references to any Tribunal constituted by or under any enactment other than any of the ordinary courts of law.

(HK)2. Court to hear appeal (O. 55, r. 2)

Except where it is otherwise provided by these rules or under any enactment, an appeal to which this Order applies shall be heard and determined by a single judge.

(L.N. 363 of 1990)

3. Bringing of appeal (O. 55, r. 3)

(1) An appeal to which this Order applies shall be by way of rehearing and must be brought by originating motion.

(2) Every notice of the motion by which such an appeal is brought must state the grounds of the appeal and, if

Cap 4A - THE RULES OF THE HIGH COURT 164

the appeal is against a judgment, order or other decision of a court, must state whether the appeal is against the whole or a part of that decision and, if against a part only, must specify the part.

(3) The bringing of such an appeal shall not operate as a stay of proceedings on the judgment, determination or other decision against which the appeal is brought unless the Court by which the appeal is to be heard or the court, tribunal or person by which or by whom the decision was given so orders.

4. Service of notice of motion and entry of appeal (O. 55, r. 4)

(1) The persons to be served with notice of the motion by which an appeal to which this Order applies is brought are the following-

(a) if the appeal is against a judgment, order or other decision of a court, the registrar or clerk of the court and any party to the proceedings in which the decision was given who is directly affected by the appeal;

(b) if the appeal is against an order, determination, award or other decision of a tribunal, government department or other person, the chairman of the tribunal, government department or person, as the case may be, and every party to the proceedings (other than the appellant) in which the decision appealed against was given.

(2) The notice must be served, and the appeal entered, within 28 days after the date of the judgment, order, determination or other decision against which the appeal is brought.

(3) In the case of an appeal against a judgment, order or decision of a court, the period specified in paragraph (2) shall be calculated from the date of the judgment or order or the date on which the decision was given.

(4) In the case of an appeal against an order, determination, award or other decision of a tribunal, government department or other person, the period specified in paragraph (2) shall be calculated from the date on which notice of the decision was given to the appellant by the person who made the decision or by a person authorized in that behalf to do so.

5. Date of hearing of appeal (O. 55, r. 5)

Unless the Court having jurisdiction to determine the appeal otherwise directs, an appeal to which this Order applies shall not be heard sooner than 21 days after service of notice of the motion by which the appeal is brought.

6. Amendment of grounds of appeal, etc. (O. 55, r. 6)

(1) The notice of the motion by which an appeal to which this Order applies is brought may be amended by the appellant, without leave, by supplementary notice served not less than 7 days before the day appointed for the hearing of the appeal, on each of the persons on whom the notice to be amended was served.

(2) Within 2 days after service of a supplementary notice under paragraph (1) the appellant must lodge two copies of the notice in the office in which the appeal is entered.

(3) Except with the leave of the Court hearing any such appeal, no grounds other than those stated in the notice of the motion by which the appeal is brought or any supplementary notice under paragraph (1) may be relied upon by the appellant at the hearing; but that Court may amend the grounds so stated or make any other order, on such terms as it thinks just, to ensure the determination on the merits of the real question in controversy between the parties.

(4) The foregoing provisions of this rule are without prejudice to the powers of the Court under Order 20.

6A. Interlocutory applications (O. 55, r. 6A)

(1) Unless the Court otherwise directs, any interlocutory application in proceedings to which this Order applies may be made to any judge or a master.

In this paragraph "interlocutory application" (非正審申請) includes an application for the extension of time for the service of a notice of motion or the entry of the appeal or for the amendment of the notice of motion.

(2) This rule is without prejudice to any statutory provision or rule of law restricting the making of an order against the Crown.

(L.N. 404 of 1991)

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7. Powers of court hearing appeal (O. 55, r. 7)

(1) In addition to the power conferred by rule 6(3), the Court hearing an appeal to which this Order applies shall have the powers conferred by the following provisions of this rule.

(2) The Court shall have power to receive further evidence on questions of fact, and the evidence may be given in such manner as the Court may direct either by oral examination in court, by affidavit, by deposition taken before an examiner or in some other manner.

(3) The Court shall have power to draw any inferences of fact which might have been drawn in the proceedings out of which the appeal arose.

(4) It shall be the duty of the appellant to apply to the judge or other person presiding at the proceedings in which the decision appealed against was given for a signed copy of any note made by him of the proceedings and to furnish that copy for the use of the Court; and in default of production of such a note, or, if such note is incomplete, in addition to such note, the Court may hear and determine the appeal on any other evidence or statement of what occurred in those proceedings as appears to the Court to be sufficient.

Except where the Court otherwise directs, an affidavit or note by a person present at the proceedings shall not be used in evidence under this paragraph unless it was previously submitted to the person presiding at the proceedings for his comments.

(5) The Court may give any judgment or decision or make any order which ought to have been given or made by the court, tribunal or person and make such further or other order as the case may require or may remit the matter with the opinion of the Court for rehearing and determination by it or him.

(6) The Court may, in special circumstances, order that such security shall be given for the costs of the appeal as may be just.

(7) The Court shall not be bound to allow the appeal on the ground merely of misdirection, or of the improper admission or rejection of evidence, unless in the opinion of the Court substantial wrong or miscarriage has been thereby occasioned.

8. Right of government department to appear and be heard (O. 55, r. 8)

Where an appeal to which this Order applies is against any order, determination or other decision of a government department, the department shall be entitled to appear and be heard in the proceedings on the appeal.

(Enacted 1988)

Order: 58 APPEALS FROM MASTERS L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

1. Appeals from certain decisions of masters to a judge in chambers (O. 58, r. 1)

(1) Except as provided by rule 2, Order 5, rule 6, and Order 12, rule 1, an appeal shall lie to a judge in chambers from any judgment, order or decision of a master, irrespective of whether the judgment, order or decision was given or made on the basis of written submissions only or after hearing. (L.N. 152 of 2008)

(2) The appeal shall be brought by serving on every other party to the proceedings in which the judgment, order or decision was given or made a notice to attend before the judge on a day specified in the notice or as on such other day as may be directed.

(3) Unless the Court otherwise orders, the notice must be issued within 14 days after the judgment, order or decision appealed against was given or made and must be served within 5 days after issue and an appeal to which this rule applies shall not be heard sooner than 2 clear days after such service. (L.N. 404 of 1991; L.N. 129 of 2000)

(4) Except so far as the Court may otherwise direct, an appeal under this rule shall not operate as a stay of the proceedings in which the appeal is brought.

(5) No further evidence (other than evidence as to matters which have occurred after the date on which the judgment, order or decision was given or made) may be received on the hearing of an appeal under this rule except on special grounds. (L.N. 152 of 2008)

Cap 4A - THE RULES OF THE HIGH COURT 166

2. Appeals from certain decisions of masters to Court of Appeal (O. 58, r. 2)

An appeal shall lie to the Court of Appeal from any judgment, order or decision (other than an interlocutory judgment, order or decision) of a master, given or made-

(HK)(a) on the hearing or determination of any cause, matter, question or issue tried before him under Order 14, rule 6(2) and Order 36, rule 1;

(b) on an assessment of damages under Order 37 or otherwise; or (HK)(c) on the hearing or determination of an application under Order 84A, rule 3; or (L.N. 127 of 1995) (HK)(d) on the hearing or determination of an application under Order 49B; or (HK)(e) on the hearing of a petition for winding-up or bankruptcy. (L.N. 404 of 1991)

7. Appeal from judgment, etc. of judge in interpleader proceedings (O. 58, r. 7)

(1) Any judgment, order or decision of a judge given or made in summarily determining under Order 17, rule 5(2)(b) or (c), any question at issue between claimants in interpleader proceedings shall be final and conclusive against the claimants and all persons claiming under them unless leave to appeal to the Court of Appeal is given by the judge or the Court of Appeal.

(2) Where an interpleader issue is tried by a judge (with or without a jury), an appeal shall lie to the Court of Appeal, without the leave of the judge or that Court, from any judgment, order or decision given or made by the judge on the trial.

(3) (Repealed L.N. 152 of 2008) (Enacted 1988)

Order: 59 APPEALS TO THE COURT OF APPEAL L.N. 38 of 2011 01/06/2011

1. Application of Order to appeals (O. 59, r. 1)

(1) This Order applies, subject to the provisions of these rules with respect to particular appeals, to every appeal to the Court of Appeal (including so far as it is applicable thereto, any appeal to that Court from a master or other officer of the High Court or from any tribunal from which an appeal lies to that Court under or by virtue of any enactment) not being an appeal for which other provision is made by these rules and references to "the court below" apply to any Court, tribunal or person from which such appeal lies. (25 of 1998 s. 2; L.N. 152 of 2008)

(2) For the avoidance of doubt and without prejudice to the generality of paragraph (1), this Order, unless the context otherwise requires, applies in relation to an appeal to the Court of Appeal from the District Court. (L.N. 152 of 2008)

2. Application of Order to applications for new trial (O. 59, r. 2)

This Order (except so much of rule 3(1) as provides that an appeal shall be by way of rehearing and except rule 11 (1)) applies to an application to the Court of Appeal for a new trial or to set aside a verdict, finding or judgment after trial with or without a jury, as it applies to an appeal to that Court, and references in this Order to an appeal and to an appellant shall be construed accordingly.

GENERAL PROVISIONS AS TO APPEALS

2A. Application to Court of Appeal for leave to appeal (O. 59, r. 2A)

(1) An application to the Court of Appeal for leave to appeal must be made by a summons supported by a statement setting out-

(a) the reasons why leave should be granted; and (b) if the time for appealing has expired, the reasons why the application was not made within that time.

Cap 4A - THE RULES OF THE HIGH COURT 167

(2) An application under paragraph (1) must be made inter partes if the proceedings in the court below are inter partes.

(3) An application under paragraph (1) must include, where necessary, an application to extend the time for appealing.

(4) A party who intends to resist an application under paragraph (1) made inter partes shall, within 14 days after the application is served on him, file in the Court of Appeal and serve on the applicant a statement as to why the application should not be granted.

(5) The Court of Appeal may- (a) determine the application without a hearing on the basis of written submissions only; or (b) direct that the application be heard at an oral hearing,

and in both cases, the Court of Appeal may give such directions as it thinks fit in relation to the application. (6) Where the Court of Appeal grants the application, it may impose such terms as it thinks fit. (7) Subject to paragraph (8), if the application is determined on the basis of written submissions only, a party

aggrieved by the determination may, within 7 days after he has been given notice of the determination, request the Court of Appeal to reconsider the determination at an oral hearing inter partes.

(8) Where the Court of Appeal determines the application on the basis of written submissions only, it may, if it considers that the application is totally without merit, make an order that no party may under paragraph (7) request the determination to be reconsidered at an oral hearing inter partes.

(9) An oral hearing held pursuant to a request under paragraph (7) may be before the Court of Appeal consisting of-

(a) the Justice of Appeal; or (b) one or more of the Justices of Appeal,

who have determined the application on the basis of written submissions only. (L.N. 152 of 2008)

2B. Application for leave to appeal against interlocutory and other judgments or orders of Court (O. 59, r. 2B)

(1) Subject to paragraph (4) and any other enactment, an application for leave to appeal against- (a) an interlocutory judgment or order of the Court; (b) a judgment or order of the Court specified in section 14(3)(e) or (f) of the Ordinance; or (c) any other judgment or order of the Court against which an appeal may be made with leave of the Court

or the Court of Appeal, may only be made to the Court in the first instance within 14 days from the date of the judgment or order.

(2) So far as is practicable, the application must be made to the judge or master against whose judgment or order leave to appeal is sought.

(3) Where the Court refuses the application, a further application for leave to appeal may be made to the Court of Appeal within 14 days from the date of the refusal.

(4) If the Court of Appeal allows, the application may be made direct to the Court of Appeal within 14 days from the date of the judgment or order.

(5) An application under this rule must be made inter partes if the proceedings to which the judgment or order relates are inter partes.

(L.N. 152 of 2008)

2C. Refusal by single judge of application for leave to appeal (O. 59, r. 2C)

(1) Notwithstanding rule 2A(8), where an application for leave to appeal made under rule 2A(1) or 2B(3) is determined (with or without a hearing) by a single Justice of Appeal, a party aggrieved by the determination may, within 7 days from the date of the refusal, make a fresh application to the Court of Appeal.

(2) The party is entitled to have the fresh application determined by the Court of Appeal consisting of 2 Justices of Appeal.

(3) The Justice of Appeal who has previously determined the application may sit in the Court of Appeal

Cap 4A - THE RULES OF THE HIGH COURT 168

determining the fresh application. (L.N. 152 of 2008)

3. Notice of appeal (O. 59, r. 3)

(1) An appeal to the Court of Appeal shall be by way of rehearing and must be brought by motion, and the notice of the motion is referred to in this Order as "notice of appeal".

(2) Notice of appeal may be given either in respect of the whole or in respect of any specified part of the judgment or order of the court below; and every such notice must specify the grounds of the appeal and the precise form of the order which the appellant proposes to ask the Court of Appeal to make.

(3) Except with the leave of the Court of Appeal or a single judge, the appellant shall not be entitled on the hearing of an appeal to rely on any grounds of appeal, or to apply for any relief, not specified in the notice of appeal. (L.N. 404 of 1991)

(5) A notice of appeal must be served on all parties to the proceedings in the court below who are directly affected by the appeal; and, subject to rule 8, it shall not be necessary to serve the notice on parties not so affected.

(6) No notice of appeal shall be given by a respondent in a case to which rule 6(1) relates.

4. Time for appealing (O. 59, r. 4)

(1) Except as otherwise provided by these rules, a notice of appeal must be served under rule 3(5) within- (a) in the case where leave to appeal to the Court of Appeal is required under section 14AA (not being a

case to which sub-paragraph (b) applies) or section 14(3)(e) or (f) of the Ordinance, 7 days after the date on which leave to appeal is granted;

(b) in the case of an appeal from a judgment, order or decision given or made in the matter of the winding up of a company, or in the matter of any bankruptcy, 28 days from the date of the judgment, order or decision; and

(2) In the case where an appeal may lie from a judgment of the Court of First Instance under Division 3 of Part II of the Hong Kong Court of Final Appeal Ordinance (Cap 484), the following period of time shall be disregarded in determining the period referred to in paragraph (1)-

(a) where an application has been made under section 27C of that Ordinance, the period from the date on which the judgment is given to the date on which the application is determined; or

(b) where an application has been made under section 27D of that Ordinance, the period from the date on which the judgment is given to the date on which the application is determined. (11 of 2002 s. 7)

(3) (Repealed L.N. 152 of 2008) (4) In relation to an appeal from the District Court, a notice of appeal must be served under rule 3(5) within-

(a) in the case where leave to appeal to the Court of Appeal is required under section 63(1) or (1B) of the District Court Ordinance (Cap 336), 7 days after the date on which leave to appeal is granted; and

(b) in the case of an appeal from an order specified in section 63(3) of the District Court Ordinance (Cap 336) or an order for imprisonment given or made under Order 49B of the Rules of the District Court (Cap 336 sub. leg. H), 28 days after the date on which the order is made. (L.N. 152 of 2008)

5. Setting down appeal (O. 59, r. 5)

(1) Within 7 days after the date on which service of the notice of appeal was effected, the appellant must lodge with the Registrar- (L.N. 152 of 2008)

(a) a copy of the sealed judgment or order and a copy of the reasoned decision (if any); and (b) two copies of the notice of appeal, one of which shall be indorsed with the amount of the fee paid, and

the other indorsed with a certificate of the date of service of the notice. (2) Upon the said documents being left, the Registrar shall file one copy of the notice of appeal and cause the

appeal to be set down in the list of appeals; and the appeal shall come on to be heard according to its order in that list unless the Court of Appeal or a judge of that Court otherwise orders.

(3) Within 4 days after an appeal has been set down, the appellant must give notice to that effect to all parties on whom the notice of appeal was served.

Cap 4A - THE RULES OF THE HIGH COURT 169

(L.N. 152 of 2008)

6. Respondent's notice (O. 59, r. 6)

(1) A respondent who, having been served with a notice of appeal, desires- (a) to contend on the appeal that the decision of the court below should be varied, either in any event or in

the event of the appeal being allowed in whole or in part, or (b) to contend that the decision of the court below should be affirmed on grounds other than those relied

upon by that court, or (c) to contend by way of cross-appeal that the decision of the court below was wrong in whole or in part,

must give notice to that effect, specifying the grounds of his contention and, in a case to which sub-paragraph (a) or (c) relates, the precise form of the order which he proposes to ask the Court to make.

(2) Except with the leave of the Court of Appeal or a single judge, a respondent shall not be entitled on the hearing of the appeal to apply for any relief not specified in a notice under paragraph (1) or to rely, in support of any contention, upon any ground which has not been specified in such a notice or relied upon by the court below. (L.N. 404 of 1991) (HK)(3) Any notice given by a respondent under this rule (in this Order referred to as a "respondent's notice") must be served on the appellant, and on all parties to the proceedings in the court below who are directly affected by the contentions of the respondent, and must be served-

(a) where the notice of appeal related to an interlocutory order, within 14 days, and (b) in any other case, within 21 days,

after the service of the notice of appeal on the respondent. (4) A party by whom a respondent's notice is given must, within 2 days after service of the notice, furnish 2

copies of the notice to the Registrar.

7. Amendment of notice of appeal and respondent's notice (O. 59, r. 7)

(1) A notice of appeal or respondent's notice may be amended- (a) by or with the leave of the Court of Appeal or a single judge at any time; (L.N. 404 of 1991) (b) without such leave, by supplementary notice served not less than three weeks before the date fixed for

the hearing of the appeal. (2) A party by whom a supplementary notice is served under this rule must, within 2 days after service of the

notice, furnish two copies of the notice to the Registrar.

8. Directions of the Court as to service (O. 59, r. 8)

(1) The Court of Appeal or a single judge may in any case direct that a notice of appeal or respondent's notice be served on any party to the proceedings in the court below on whom it has not been served, or on any person not party to those proceedings. (L.N. 404 of 1991)

(2) Where a direction is given under paragraph (1) the hearing of the appeal may be postponed or adjourned for such period and on such terms as may be just and such judgment may be given and such order made on the appeal as might have been given or made if the persons served in pursuance of the direction had originally been parties.

9. Documents to be lodged by appellant (O. 59, r. 9)

(1) Not less than 14 days before the date on which the appeal is listed for hearing the appellant must cause to be lodged with the Registrar the number of copies for which paragraph (2) provides of each of the following documents, namely- (L.N. 152 of 2008)

(a) the notice of appeal; (b) the respondent's notice; (c) any supplementary notice served under rule 7; (d) the judgment or order of the court below; (e) the originating process by which the proceedings in the court below were begun, any interlocutory or

other related process which is the subject of the appeal, the pleadings (including particulars), if any,

Cap 4A - THE RULES OF THE HIGH COURT 170

and, in the case of an appeal in an Admiralty cause or matter, the preliminary acts, if any; (f) the transcript of the official shorthand note, if any, of the judgment or order of the court below or, in

the absence of such a note, the judge's note of his reasons for giving the judgment or making the order; (g) such parts of the transcript of the official shorthand note, if any, of the evidence given in the court

below as are relevant to any question at issue on the appeal or, in the absence of such a note, such parts of the judge's note of the evidence as are relevant to any such question;

(h) any list of exhibits made under Order 35, rule 11, or the schedule of evidence, as the case may be; (HK)(i) such documents, affidavits, exhibits, or parts of exhibits, as were in evidence in the court below and as

are relevant to any question at issue on the appeal. (2) Unless otherwise directed the number of copies to be lodged in accordance with paragraph (1) is three

copies except- (a) where the appeal is to be heard by two judges in which case it is two copies; or (b) in the case of an appeal in an Admiralty cause or matter, in which case it is four copies or, if the Court

of Appeal is to hear the appeal with assessors, six copies. (2A)When the transcripts, if any, referred to in items (f) and (g) of paragraph (1) have been bespoken by the

appellant and paid for, the number of such transcripts required in accordance with paragraph (2) shall be sent by the appellant direct to the Registrar. (L.N. 152 of 2008)

(3) At any time after an appeal has been set down in accordance with rule 5 the Registrar may give such directions in relation to the documents to be produced at the appeal, and the manner in which they are to be presented, and as to other matters incidental to the conduct of the appeal, as appear best adapted to secure the just, expeditious and economical disposal of the appeal.

(4) The directions referred to in paragraph (3) may be given without a hearing provided always that the Registrar may at any time issue a summons requiring the parties to an appeal to attend before him and any party to an appeal may apply at any time for an appointment before the Registrar.

10. General powers of the Court (O. 59, r. 10)

(1) In relation to an appeal the Court of Appeal shall have all the powers and duties as to amendment and otherwise of the Court of First Instance. (25 of 1998 s. 2)

(2) The Court of Appeal shall have power to receive further evidence on questions of fact, either by oral examination in court, by affidavit, or by deposition taken before an examiner, but no such further evidence (other than evidence as to matters which have occurred after the date of the trial or hearing) shall be admitted except on special grounds. (L.N. 152 of 2008)

(3) The Court of Appeal shall have power to draw inferences of fact and to give any judgment and make any order which ought to have been given or made, and to make such further or other order as the case may require.

(4) The powers of the Court of Appeal under the foregoing provisions of this rule may be exercised notwithstanding that no notice of appeal or respondent's notice has been given in respect of any particular part of the decision of the court below or by any particular party to the proceedings in that court, or that any ground for allowing the appeal or for affirming or varying the decision of that court is not specified in such a notice; and the Court of Appeal may make any order, on such terms as the Court thinks just, to ensure the determination on the merits of the real question in controversy between the parties.

(5) The Court of Appeal may, in special circumstances, order that such security shall be given for the costs of an appeal as may be just.

(6) The powers of the Court of Appeal in respect of an appeal shall not be restricted by reason of any interlocutory order from which there has been no appeal.

(7) Documents impounded by order of the Court of Appeal shall not be delivered out of the custody of that Court except in compliance with an order of that Court:

Provided that where a Law Officer or the Director of Public Prosecutions makes a written request in that behalf, documents so impounded shall be delivered into his custody. (L.N. 362 of 1997)

(8) Documents impounded by order of the Court of Appeal, while in the custody of that Court, shall not be inspected except by a person authorized to do so by an order of that Court.

(9) In any proceedings incidental to any cause or matter pending before the Court of Appeal, the powers conferred by this rule on the Court may be exercised by a single judge: (L.N. 404 of 1991)

Provided that the said powers of the Court of Appeal shall be exercisable only by that Court or a single judge in relation to-

Cap 4A - THE RULES OF THE HIGH COURT 171

(a) the grant, variation, discharge or enforcement of an injunction, or an undertaking given in lieu of an injunction; and

(b) the grant or lifting of a stay of execution or proceedings.

11. Powers of the Court as to new trials (O. 59, r. 11)

(1) On the hearing of any appeal the Court of Appeal may, if it thinks fit, make any such order as could be made in pursuance of an application for a new trial or to set aside a verdict, finding or judgment of the court below.

(2) The Court of Appeal shall not be bound to order a new trial on the ground of misdirection, or of the improper admission or rejection of evidence, or because the verdict of the jury was not taken upon a question which the judge at the trial was not asked to leave to them, unless in the opinion of the Court of Appeal some substantial wrong or miscarriage has been thereby occasioned.

(3) A new trial may be ordered on any question without interfering with the finding or decision on any other question; and if it appears to the Court of Appeal that any such wrong or miscarriage as is mentioned in paragraph (2) affects part only of the matter in controversy, or one or some only of the parties, the Court may order a new trial as to that part only, or as to that party or those parties only, and give final judgment as to the remainder.

(4) In any case where the Court of Appeal has power to order a new trial on the ground that damages awarded by a jury are excessive or inadequate, the Court may, in lieu of ordering a new trial-

(a) with the consent of all parties concerned, substitute for the sum awarded by the jury such sum as appears to the Court to be proper;

(b) with the consent of the party entitled to receive or liable to pay the damages, as the case may be, reduce or increase the sum awarded by the jury by such amount as appears to the Court to be proper in respect of any distinct head of damages erroneously included in or excluded from the sum so awarded;

but except as aforesaid the Court of Appeal shall not have power to reduce or increase the damages awarded by a jury. (5) A new trial shall not be ordered by reason of the ruling of any judge that a document is sufficiently stamped

or does not require to be stamped.

12. Evidence on appeal (O. 59, r. 12)

Where any question of fact is involved in an appeal, the evidence taken in the court below bearing on the question shall, subject to any direction of the Court of Appeal or a single judge, be brought before that Court as follows-

(a) in the case of evidence taken by affidavit, by the production of a true copy of such affidavit; (b) in the case of evidence given orally, by a copy of so much of the transcript of the official shorthand

note as is relevant or by a copy of the judge's note, where he has intimated that in the event of an appeal his note will be sufficient, or by such other means as the Court of Appeal or a single judge, may direct.

(L.N. 404 of 1991)

12A. Non-disclosure of payment into court (O. 59, r. 12A)

(1) Where- (a) any question on an appeal in an action for a debt, damages or salvage relates to liability for the debt,

damages or salvage or to the amount thereof, and (b) money was paid into court under Order 22, in the proceedings in the court below before judgment,

neither the fact of the payment nor the amount thereof nor the terms of any relevant offer made in accordance with Order 22 shall be stated in the notice of appeal or the respondent's notice or in any supplementary notice or be communicated to the Court of Appeal until all such questions have been decided. This rule shall not apply in the case of an appeal as to costs only or an appeal in an action to which a defence of tender before action was pleaded. (L.N. 152 of 2008)

(2) For the purpose of complying with this rule the appellant must cause to be omitted from the copies of the documents lodged by him under rule 9(d) and (f) every part thereof which states that money was paid into court in the proceedings in that court before judgment.

13. Stay of execution, etc. (O. 59, r. 13)

Cap 4A - THE RULES OF THE HIGH COURT 172

(1) Except so far as the court below or the Court of Appeal or a single judge may otherwise direct- (a) an appeal shall not operate as a stay of execution or of proceedings under the decision of the court

below; (b) no intermediate act or proceeding shall be invalidated by an appeal.

(2) On an appeal from the court below, interest for such time as execution has been delayed by the appeal shall be allowed unless the court below otherwise orders. (L.N. 152 of 2008)

(25 of 1998 s. 2)

14. Applications to the Court of Appeal (O. 59, r. 14)

(1) Unless otherwise directed, every application to the Court of Appeal or a single judge which is not made ex parte must be made by summons and such summons must be served on the party or parties affected at least 2 clear days before the day on which it is heard or, in the case of an application which is made after the expiration of the time for appealing, at least 7 days before the day on which the summons is heard. (L.N. 404 of 1991)

(1A) In support of any application (whether made ex parte or inter partes) the applicant shall lodge with the Registrar such documents as the Court of Appeal or a single judge may direct, and rule 9(3) and (4) shall apply, with any necessary modifications, to applications as they apply to appeals. (L.N. 404 of 1991)

(2) (Repealed L.N. 152 of 2008) (2A)-(2B) (Repealed L.N. 152 of 2008) (3) Where an ex parte application has been refused by the court below, an application for a similar purpose may

be made to the Court of Appeal ex parte within 7 days after the date of the refusal. (3A)Where an application made to the Court of Appeal ex parte under paragraph (3) is granted, notice of the

order granting the application must be served on the party or parties affected. (L.N. 152 of 2008) (3B) A party on whom a notice has been served is entitled, within 7 days after service of the notice, to apply to

the Court of Appeal to have the order granting the application reconsidered inter partes in open court. (L.N. 152 of 2008)

(4) Wherever under these rules an application may be made either to the court below or to the Court of Appeal, it shall not be made in the first instance to the Court of Appeal, except where there are special circumstances which make it impossible or impracticable to apply to the court below.

(5)-(6) (Repealed 17 of 2010 s. 112) (6A) (Repealed 17 of 2010 s. 112) (7) An application which may be heard by a single judge, shall, unless otherwise directed, be heard in

chambers. (L.N. 152 of 2008) (8)-(9) (Repealed L.N. 404 of 1991) (10) A single judge may refer to the Court of Appeal any matter which he thinks should properly be decided by

that Court, and, following such reference, that Court may either dispose of the matter or refer it back to a single judge or the Registrar, with such directions as that Court thinks fit.

(11) (Repealed L.N. 404 of 1991) (12) An appeal shall lie to the Court of Appeal from any determination by a single judge and shall be brought by

way of fresh application made within 10 days of the determination appealed against. (L.N. 152 of 2008) (13) This rule does not apply in relation to an application for leave to appeal. (L.N. 152 of 2008)

14A. Determination of interlocutory application (O. 59, r. 14A)

(1) The Court of Appeal (including a single judge thereof) may, in relation to a cause or matter pending before the Court of Appeal, determine an interlocutory application without a hearing on the basis of written submissions only.

(2) Where it considers it necessary or expedient, the Court of Appeal (including a single judge thereof) may direct that the interlocutory application shall be heard before the Court of Appeal consisting of 2 or 3 Justices of Appeal.

(3) For the avoidance of doubt, nothing in this rule precludes a judge of the Court of First Instance from sitting as an additional judge of the Court of Appeal in accordance with section 5(2) of the Ordinance.

(L.N. 152 of 2008)

Cap 4A - THE RULES OF THE HIGH COURT 173

15. Extension of time (O. 59, r. 15)

Without prejudice to the power of the Court of Appeal or a single judge under Order 3, rule 5, to extend or abridge the time prescribed by any provision of this Order, the period for serving notice of appeal under rule 4 or making application ex parte under rule 14(3) may be extended or abridged by the court below on application made before the expiration of that period.

(L.N. 404 of 1991)

SPECIAL PROVISIONS AS TO PARTICULAR APPEALS

16. Appeal against decree nisi (O. 59, r. 16)

(1) The following provisions of this rule shall apply to any appeal to the Court of Appeal in a matrimonial cause against a decree nisi of divorce or nullity of marriage.

(1A)An appeal lies as of right to the Court of Appeal from a decree nisi granted by the Court. (L.N. 152 of 2008)

(2) The period of 28 days specified in rule 4 shall be calculated from the date on which the decree was pronounced and rule 15 shall not apply in relation to that period. (10 of 2008 s. 30)

(3) The appellant must, within the period mentioned in paragraph (2) produce to the Registrar a sealed copy of the decree appealed against and leave with him a copy of that decree and two copies of the notice of appeal (one of which shall be indorsed with the amount of the fee paid and the other indorsed with a certificate of the date of service of the notice); and the appeal shall not be competent unless this paragraph has been complied with. (L.N. 404 of 1991)

(4) For the purposes of rule 5 the leaving of the said copies shall be sufficient for the setting down of the appeal and rule 5(1) shall not apply.

(5) A party who intends to apply ex parte to the Court of Appeal to extend the period referred to in paragraphs (2) and (3) must give notice of his intention to the appropriate Registrar before the application is made; and where any order is made by the Court of Appeal extending the said period, it shall be the duty of the Registrar forthwith to give notice of the making of the order and of the terms thereof to the appropriate Registrar.

(6) In this rule "the appropriate Registrar" (適當的司法常務官) means- (28 of 2000 s. 47) (a) in relation to a cause pending in a district court, the registrar of that court.

19. Appeal from District Court (O. 59, r. 19)

(1) The following provisions of this rule shall apply to any appeal to the Court of Appeal from a District Court other than an appeal against a decree nisi of divorce or nullity of marriage.

(2) The notice of appeal must be served on the registrar of the District Court as well as on the party or parties required to be served under rule 3.

(3) (Repealed L.N. 152 of 2008) (4) Except where the Court of Appeal or a single judge otherwise directs, an affidavit or note by a person

present in the District Court shall not be used in evidence before the Court of Appeal unless it was previously submitted to the judge for his comments. (L.N. 404 of 1991; L.N. 152 of 2008)

(4A)Rule 12A shall apply in any case where money was paid into court by the defendant before judgment in district court proceedings in satisfaction of the plaintiff's cause of action or of one or more causes joined in one action or on account of a sum admitted by the defendant to be due to the plaintiff.

(4B) Rule 12A(1) applies as if a reference to Order 22 were a reference to Order 22 of the Rules of the District Court (Cap 336 sub. leg. H). (L.N. 152 of 2008)

(5) Rule 13(1)(a) shall apply subject to the provisions of section 66 of the District Court Ordinance (Cap 336).

20. Appeals in cases of contempt of court (O. 59, r. 20)

(1) In the case of an appeal to the Court of Appeal against an order of committal or other punishment for contempt of Court made by a judge of the Court of First Instance, the notice of appeal must be served on the Registrar as well as on the party or parties required to be served under rule 3. (See App. A, Form 99)

This paragraph shall not apply in relation to an appeal to which rule 19 applies. (25 of 1998 s. 2)

Cap 4A - THE RULES OF THE HIGH COURT 174

(2) Where, in the case of such an appeal as is mentioned in paragraph (1), the appellant is in custody, the Court of Appeal may order his release on his giving security (whether by recognizance, with or without sureties, or otherwise and for such reasonable sum as that Court may fix) for his appearance within 10 days after the judgment of the Court of Appeal on the appeal shall have been given, before the court from whose order or decision the appeal is brought unless the order or decision is reversed by that judgment.

(3) An application for the release of a person under paragraph (2) pending an appeal to the Court of Appeal must be made by motion, and the notice of the motion must, at least 24 hours before the day named therein for the hearing, be served on the Registrar and on all parties to the proceedings who are directly affected by the appeal.

CASES WHERE LEAVE TO APPEAL IS NOT REQUIRED FOR INTERLOCUTORY APPEALS

(L.N. 152 of 2008)

21. Judgments and orders to which section 14AA(1) of the Ordinance not apply (O. 59, r. 21)

(1) Judgments and orders to which section 14AA(1) of the Ordinance (leave to appeal required for interlocutory appeals) does not apply and accordingly an appeal lies as of right from them are the following-

(a) a judgment or order determining in a summary way the substantive rights of a party to an action; (b) an order made under section 52A(4) of the Ordinance; (c) an order prohibiting a debtor from leaving Hong Kong under Order 44A, rule 3(1); (d) an order for the imprisonment of a judgment debtor under Order 49B; (e) an order of committal for contempt of court under Order 52, rule 1; (f) an order granting any relief made at the hearing of an application for judicial review; (g) an order under Order 53, rule 3 refusing to grant leave to apply for judicial review; (h) an order granting an application for a writ of habeas corpus ad subjiciendum; (i) an order under Order 73 (other than an order against which leave to appeal is required under the

Arbitration Ordinance (Cap 609)); (17 of 2010 s. 112) (j) a judgment given inter partes under Order 83A, rule 4, or Order 84A, rule 3 or in a mortgage action

within the meaning of Order 88, rule 1; (k) an order under Order 121; and (l) a decree nisi of divorce or nullity of marriage.

(2) Without affecting the generality of paragraph (1)(a), the following are judgments and orders determining in a summary way the substantive rights of a party-

(a) a summary judgment under Order 14 or Order 86; (b) an order striking out an action or other proceedings or a pleading or any part of a pleading under Order

18, rule 19 or under the inherent jurisdiction of the Court; (c) a judgment or order determining any question of law or the construction of any document under Order

14A, rule 1(1); (d) a judgment or order made under Order 14A, rule 1(2) dismissing any cause or matter upon

determination of a question of law or construction of any document; (e) a judgment on any question or issue tried pursuant to an order under Order 33, rule 3; (f) an order dismissing or striking out an action or other proceedings for want of prosecution; (g) a judgment obtained pursuant to an "unless" order; (h) an order refusing to set aside a judgment in default; (i) an order refusing to allow an amendment of a pleading to introduce a new claim or defence or any

other new issue; and (j) a judgment or order on admissions under Order 27, rule 3.

(3) A direction as to whether a judgment or order is one that is referred to in paragraph (1)(a) may be sought from the judge who made or will make the judgment or order.

(4) A reference to an order specified in paragraph (1)(b), (c), (d), (e), (f), (h), (i), (k) and (l) includes an order refusing, varying or discharging the order.

(L.N. 152 of 2008) (Enacted 1988)

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Order: 60A (HK) APPEALS FROM TRIBUNALS TO COURT OF APPEAL ON A QUESTION OF LAW OTHER THAN BY WAY OF CASE STATED

L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

1. Application of Order (O. 60A, r. 1)

This Order applies to appeals that lie from any tribunal to the Court of Appeal on a question of law other than by way of case stated.

2. Notice of appeal from tribunal (O. 60A, r. 2)

(1) An appeal to which the Order applies must be brought by motion, notice of which is referred to in this Order as "notice of appeal".

(2) A notice of appeal must specify the grounds of the appeal, together with the question of law to be decided by the Court of Appeal.

3. Time for appealing (O. 60A, r. 3)

Subject to the provisions of any Ordinance, a notice of appeal must be served on all parties to the proceedings before the tribunal, and on the tribunal, within 28 days of the date on which the judgment or order of the tribunal was given.

(L.N. 152 of 2008)

4. Setting down appeal (O. 60A, r. 4)

(1) The appellant must, within 7 days after service of the notice of appeal, or within such further time as may be allowed by the Registrar, produce to the Registrar-

(a) a copy of the sealed judgment or order of the tribunal and a copy of its reasoned decision (if any); (L.N. 152 of 2008)

(b) 2 copies of the notice of appeal, one of which shall be endorsed with the amount of the fee paid, and the other endorsed with a certificate of the date of service of the notice.

(2) Upon the said documents being left, the Registrar shall file one copy of the notice of appeal and cause the appeal to be set down in the list of appeals; and the appeal shall come on to be heard according to its order in that list unless the Court of Appeal or a single judge or the Registrar otherwise orders.

5. Application of Order 59 (O. 60A, r. 5)

Order 59, rules 9 and 10 shall, so far as applicable, apply to an appeal to which this Order applies.

6. Duty of Registrar to notify tribunal of result (O. 60A, r. 6)

The Registrar shall notify the tribunal of the decision of the Court of Appeal on the appeal and of any direction given by the Court therein.

(Enacted 1988)

Order: 61 APPEALS FROM TRIBUNALS TO COURT OF APPEAL BY WAY OF CASE STATED

L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

2. Statement of case by tribunals (O. 61, r. 2)

(1) Where any tribunal is empowered or may be required to state a case on a question of law for determination by the Court of Appeal, any party to the proceedings who is aggrieved by the tribunal's refusal to state a case may apply to the Court of Appeal or a single judge of that Court for an order requiring the tribunal to state a case.

Cap 4A - THE RULES OF THE HIGH COURT 176

(2) An application under this rule must be made by motion and the notice of the motion, stating in general terms the grounds of the application, together with the question of law on which it is desired that a case shall be stated and any reasons given by the tribunal for its refusal, must within 28 days after the refusal, be served on the clerk or registrar of the tribunal and on every other party to the proceedings before the tribunal. (L.N. 152 of 2008)

(3) Within 2 days after service of the notice of motion, the applicant must lodge two copies of the notice with the Registrar who shall enter the motion in the list of appeals.

(4) Where a tribunal is ordered under this rule to state a case, the tribunal must, within such period as may be specified in the order, state a case stating the facts on which the decision of the tribunal was based and the decision, sign it and cause it to be sent by post to the applicant.

(4A)Where the decision of the tribunal in respect of which a case is stated states all the relevant facts found by the tribunal and indicates the questions of law to be decided by the Court of Appeal, a copy of the decision signed by the person who presided at the hearing shall be annexed to the case, and the facts so found and the question of law to be decided shall be sufficiently stated in the case by referring to the statement thereof in the decision.

3. Proceedings on case stated (O. 61, r. 3)

(1) The party at whose instance a case has been stated by any tribunal to which this Order applies must, within 28 days after receiving the case- (L.N. 152 of 2008)

(a) serve on every other party to the proceedings before the tribunal a copy of the case, together with a notice setting out his contentions on the question of law, and

(b) serve a copy of the notice on the clerk or registrar of the tribunal. (2) Within 2 days after service of the notice, the said party must lodge the case and two copies of the notice

with the Registrar who shall enter the case in the list of appeals, and the case shall not be heard until after the expiration of 28 days from the date of entry. (L.N. 152 of 2008)

(3) Where any enactment under which the case is stated provides that a government department shall have a right to be heard in the proceedings on the case, a copy of the case and of the notice served under paragraph (1) must be served on that department and on the Secretary for Justice. (L.N. 362 of 1997)

(4) On the hearing of the case, the Court of Appeal may amend the case or order it to be sent back to the tribunal for amendment.

(5) Order 59, rule 10, shall, so far as applicable, apply in relation to a case stated by a tribunal to which this Order applies.

(6) The Registrar shall notify the clerk or registrar of the tribunal of the decision of the Court of Appeal on the case and of any directions given by that Court thereon.

(Enacted 1988)

Order: 62 COSTS L.N. 38 of 2011 01/06/2011

COSTS

PRELIMINARY

1. Interpretation (O. 62, r. 1)

(1) In this Order- "certificate" (證明書) includes allocatur; (HK) "contentious business" (爭議事務) means business done, whether as a barrister, solicitor or advocate, in or for

the purpose of proceedings begun before the Court or before an arbitrator, umpire or arbitral tribunal under the Arbitration Ordinance (Cap 609) not being common form probate business; (10 of 2005 s. 166; 17 of 2010 s. 112)

"costs" (訟費) include fees, charges, disbursements, expenses and remuneration; "the Court" (法院、法庭) means the High Court or any one or more judges thereof, whether sitting in Court or in

chambers, the Registrar or assistant registrar or master; (25 of 1998 s. 2) (HK) "District Court" (區域法院) means the District Court established under the provisions of the District Court

Ordinance (Cap 336), and any judge of that court; (L.N. 152 of 2008)

Cap 4A - THE RULES OF THE HIGH COURT 177

"legal representative" (法律代表), in relation to a party to proceedings, means a counsel or solicitor conducting litigation on behalf of the party; (L.N. 152 of 2008)

(HK) "mentally disordered person" (精神紊亂的人) means a person who is so far disabled in mind or who is so mentally ill or subnormal due to arrested or incomplete development of mind as to render it either necessary or expedient that he, either for his own sake or in the public interest, should be placed and kept under control;

(HK) "non-contentious business" (非爭議事務 ) means any business done by and as a solicitor which is not contentious business;

"party entitled to be heard on taxation" (有權在訟費評定中獲聆聽的一方) means- (a) a party entitled to payment of costs; (b) a party who has acknowledged service or taken any part in the proceedings which gave rise to the

taxation proceedings, and who is directly liable under a costs order made against him; (c) a person who has given the party entitled to payment of costs and the Registrar written notice that he

has a financial interest in the outcome of the taxation; or (d) a person in respect of whom a direction has been given under rule 21(3); (L.N. 152 of 2008)

"taxed costs" (經評定的訟費) means costs taxed in accordance with this Order; (HK) "taxing master" (訟費評定官) means the Registrar as taxing master; (L.N. 152 of 2008) "wasted costs order" (虛耗訟費命令) means an order made under section 52A(4) of the Ordinance. (L.N. 152 of

2008) (2) In this Order, references to a fund, being a fund out of which costs are to be paid or which is held by a

trustee or personal representative, include references to any estate or property whether immovable or personal held for the benefit of any person or class of persons; and references to a fund held by a trustee or personal representative include references to any fund to which he is entitled (whether alone or together with any other person) in that capacity, whether the fund is for the time being in his possession or not.

2. Application (O. 62, r. 2)

(HK)(1) This Order shall apply to all proceedings in the Court, except non-contentious or common form probate proceedings and proceedings in matters of prize.

(2) Where by virtue of any Ordinance the costs of or incidental to any proceedings before an arbitrator or umpire or before a tribunal or other body constituted by or under any Ordinance, not being proceedings in the High Court, are taxable in the Court of First Instance, the following provisions of this Order, that is to say, rule 7(4), rule 8D (except paragraph (4)), rule 8E, rule 9D(1) and (4), rules 13 and 13A, rules 14 to 16, rule 17(1), rules 17A and 17B, rule 18, rules 21 (except paragraph (4)), 21A, 21B, 21C and 21D, rules 22 to 26, rule 28A (except paragraphs (4) and (7)), rules 32A and 32B and rules 33 to 35, shall have effect in relation to proceedings for taxation of those costs as they have effect in relation to proceedings for taxation of the costs of or arising out of proceedings in the High Court. (L.N. 152 of 2008)

(2A)Where rule 22 has effect under paragraph (2), a reference to the Court of First Instance in rule 22(9)(a) is to be construed as a reference to the arbitrator, umpire, tribunal or other body, as the case may be. (L.N. 152 of 2008)

(3) This Order shall have effect subject to the provisions of the District Court Ordinance (Cap 336) and to any rules made thereunder and to any other enactment.

(4) The powers and discretion of the Court as to costs under sections 52A and 52B of the Ordinance and under the enactments relating to the costs of criminal proceedings to which this Order applies shall be exercised subject to and in accordance with this Order. (L.N. 152 of 2008)

(25 of 1998 s. 2)

ENTITLEMENT TO COSTS

3. Order as to entitlement to costs (O. 62, r. 3) (L.N. 152 of 2008)

(1) Subject to the provisions of this Order, no party shall be entitled to recover any costs of or incidental to any proceedings from any other party to the proceedings except under an order of the Court.

(2) If the Court in the exercise of its discretion sees fit to make any order as to the costs of or incidental to any

Cap 4A - THE RULES OF THE HIGH COURT 178

proceedings (other than interlocutory proceedings), the Court shall, subject to this Order, order the costs to follow the event, except when it appears to the Court that in the circumstances of the case some other order should be made as to the whole or any part of the costs. (L.N. 152 of 2008)

(2A)If the Court in the exercise of its discretion sees fit to make any order as to the costs of or incidental to any interlocutory proceedings, it may, subject to this Order, order the costs to follow the event or make such other order as it sees fit. (L.N. 152 of 2008)

(3) The costs of and occasioned by any amendment made without leave in the writ of summons or any pleading shall be borne by the party making the amendment, unless the Court otherwise orders.

(4) The costs of and occasioned by any application to extend the time fixed by these rules, or any direction or order thereunder, for serving or filing any document or the doing of any other act (including the costs of any order made on the application) shall be borne by the party making the application, unless the Court otherwise orders.

(5) If a party on whom a notice to admit facts is served under Order 27, rule 2, refuses or neglects to admit the facts within 7 days after the service on him of the notice or such longer time as may be allowed by the Court, the costs of proving the facts shall be paid by him, unless the Court otherwise orders.

(6) If a party- (a) on whom a list of documents is served in pursuance of any provision of Order 24, or (b) on whom a notice to admit documents is served under Order 27, rule 5,

gives notice of non-admission of any of the documents in accordance with Order 27, rule 4(2) or 5(2) as the case may be, the costs of proving that document shall be paid by him, unless the Court otherwise orders.

(7) Where a defendant by notice in writing and without leave discontinues his counterclaim against any party or withdraws any particular claim made by him therein against any party, that party shall, unless the Court otherwise directs, be entitled to his costs of the counterclaim or his costs occasioned by the claim withdrawn, as the case may be, incurred to the time of receipt of the notice of discontinuance or withdrawal.

(8) (Repealed L.N. 152 of 2008) (9) Where any person claiming to be a creditor-

(a) seeks to establish his claim to a debt under any judgment or order in accordance with Order 44, or (b) comes in to prove his title, debt or claim in relation to a company in pursuance of any such notice as is

mentioned in Order 102, rule 13, he shall, if his claim succeeds, be entitled to his costs incurred in establishing it, unless the Court otherwise directs, and, if his claim or any part of it fails, may be ordered to pay the costs of any person incurred in opposing it.

(10) Where a claimant is entitled to costs under paragraph (9), the amount of the costs shall be fixed by the Court unless it thinks fit to direct taxation, and the amount fixed or allowed shall be added to the claimant's debt.

(11) Where a claimant (other than a person claiming to be a creditor) having established a claim to be entitled under a judgment or order in accordance with Order 44 has been served with notice of the judgment or order pursuant to rule 3 or 15 of that Order, he shall, if he acknowledges service of the notice be entitled as part of his costs of action (if allowed) to costs incurred in establishing his claim, unless the Court otherwise directs; and where such a claimant fails to establish his claim or any part of it he may be ordered to pay the costs of any person incurred in opposing it.

(12) Where an application is made in accordance with Order 24, rule 7A or Order 29, rule 7A, for an order under section 41, 42 or 44 of the Ordinance, the person against whom the order is sought shall be entitled, unless the Court otherwise directs, to his costs of and incidental to the application and of complying with any order made thereon and he may, after giving the applicant 7 days' notice of his intention to do so, tax such costs and, if they are not paid within 4 days after taxation, sign judgment for them.

4. Stage of proceedings at which costs to be dealt with (O. 62, r. 4)

(1) Costs may be dealt with by the Court at any stage of the proceedings or after the conclusion of the proceedings; and any order of the Court for the payment of any costs may, if the Court thinks fit, and the person against whom the order is made is not an assisted person, require the costs to be paid forthwith notwithstanding that the proceedings have not been concluded.

(2) In the case of an appeal the costs of the proceedings giving rise to the appeal, as well as the costs of the appeal and of the proceedings connected with it, may be dealt with by the Court hearing the appeal; and in the case of any proceedings transferred or removed to the Court of First Instance from any other court or tribunal, the costs of the whole proceedings, both before and after the transfer or removal, may (subject to any order of the court or tribunal ordering the transfer or removal) be dealt with by the Court to which the proceedings are transferred or removed. (25

Cap 4A - THE RULES OF THE HIGH COURT 179

of 1998 s. 2) (3) Where under paragraph (2) the Court makes an order as to the costs of any proceedings before another court

or tribunal, rules 28, 31 and 32 shall not apply in relation to those costs, but, except in relation to costs of proceedings transferred or removed from the District Court or the Lands Tribunal, the order- (L.N. 152 of 2008)

(a) shall specify the amount of the costs to be allowed, or (b) shall direct that the costs shall be assessed by the court or tribunal before which the proceedings took

place or taxed by an officer of that court or tribunal, or (c) if the order is made on appeal from the District Court or the Lands Tribunal in relation to proceedings

in that court or tribunal, may direct that the costs shall be taxed by the taxing master. (L.N. 152 of 2008)

5. Special matters to be taken into account in exercising discretion (O. 62, r. 5)

(1) The Court in exercising its discretion as to costs shall, to such extent, if any, as may be appropriate in the circumstances, take into account- (L.N. 152 of 2008)

(aa) the underlying objectives set out in Order 1A, rule 1; (L.N. 152 of 2008) (a) any such offer of contribution as is mentioned in Order 16, rule 10, which is brought to its attention in

pursuance of a reserved right to do so; (b) any payment of money into court and the amount of such payment; (c) any written offer made under Order 33, rule 4A(2); (L.N. 152 of 2008) (d) any written offer which is expressed to be "without prejudice save as to costs" and which relates to any

issue in the proceedings, but the Court may not take the offer into account if, at the time it is made, the party making it could have protected his position as to costs by means of a sanctioned payment or a sanctioned offer under Order 22; (L.N. 152 of 2008)

(e) the conduct of all the parties; (L.N. 152 of 2008) (f) whether a party has succeeded on part of his case, even if he has not been wholly successful; and

(L.N. 152 of 2008) (g) any admissible offer to settle made by a party, which is drawn to the Court's attention. (L.N. 152 of

2008) (2) For the purpose of paragraph (1)(e), the conduct of the parties includes-

(a) whether it was reasonable for a party to raise, pursue or contest a particular allegation or issue; (b) the manner in which a party has pursued or defended his case or a particular allegation or issue; (c) whether a claimant who has succeeded in his claim, in whole or in part, exaggerated his claim; and (d) conduct before, as well as during, the proceedings. (L.N. 152 of 2008)

6. Restriction of discretion to order costs (O. 62, r. 6)

(1) Notwithstanding anything in this Order or in section 52A of the Ordinance- (c) unless the Court is of opinion that there was no reasonable ground for opposing the will, no order shall

be made for the costs of the other side to be paid by the party opposing a will in a probate action who has given notice with his defence to the party setting up the will that he merely insists upon the will being proved in solemn form of law and only intends to cross-examine the witnesses produced in support of the will.

(2) Where a person is or has been a party to any proceedings in the capacity of trustee, personal representative or mortgagee, he shall, unless the Court otherwise orders, be entitled to the costs of those proceedings, in so far as they are not recovered from or paid by any other person, out of the fund held by the trustee or personal representative or the mortgaged property, as the case may be; and the Court may otherwise order only on the ground that the trustee, personal representative or mortgagee has acted unreasonably or, in the case of a trustee or personal representative, has in substance acted for his own benefit rather than for the benefit of the fund.

6A. Costs orders in favour of or against non-parties (O. 62, r. 6A)

Cap 4A - THE RULES OF THE HIGH COURT 180

(1) Where the Court is considering whether to exercise its power under section 52A or 52B of the Ordinance to make a costs order in favour of or against a person who is not a party to the relevant proceedings-

(a) that person must be joined as a party to the proceedings for the purposes of costs only; and (b) that person must be given a reasonable opportunity to attend a hearing at which the Court shall

consider the matter further. (2) This rule does not apply where the Court is considering whether to make-

(a) a wasted costs order; or (b) an order under section 41 or 42 of the Ordinance.

(L.N. 152 of 2008)

7. Costs arising from misconduct or neglect (O. 62, r. 7)

(1) Where in any cause or matter any thing is done or omission is made improperly or unnecessarily by or on behalf of a party, the Court may direct that any costs to that party in respect of it shall not be allowed to him and that any costs occasioned by it to other parties shall be paid by him to them.

(2) Without prejudice to the generality of paragraph (1), the Court shall for the purpose of that paragraph have regard in particular to the following matters, that is to say-

(aa) the underlying objectives set out in Order 1A, rule 1; (L.N. 152 of 2008) (a) the omission to do any thing the doing of which would have been calculated to save costs; (b) the doing of any thing calculated to occasion, or in a manner or at a time calculated to occasion,

unnecessary costs; (c) any unnecessary delay in the proceedings.

(3) The Court may, instead of giving a direction under paragraph (1) in relation to any thing done or omission made, direct the taxing master to inquire into it and, if it appears to him that such a direction as aforesaid should have been given in relation to it, to act as if the appropriate direction had been given.

(4) The taxing master shall, in relation to any thing done or omission made in the course of taxation, have the same power to disallow or to award costs as the Court has under paragraph (1) to direct that costs shall be disallowed to or paid by any party. (L.N. 152 of 2008)

(5) (Repealed L.N. 152 of 2008)

8. Personal liability of legal representative for costs-wasted costs order (O. 62, r. 8)

(1) The Court may make a wasted costs order against a legal representative, only if- (a) the legal representative, whether personally or through his employee or agent, has caused a party to

incur wasted costs as defined in section 52A(6) of the Ordinance; and (b) it is just in all the circumstances to order the legal representative to compensate the party for the whole

or part of those costs. (2) A wasted costs order may-

(a) disallow the costs as between the legal representative and his client; and (b) direct the legal representative to-

(i) repay to his client costs which the client has been ordered to pay to other parties to the proceedings; or

(ii) indemnify other parties against costs incurred by them. (3) The Court shall give the legal representative a reasonable opportunity to attend a hearing to give reasons

why it should not make the order. (4) When the Court makes a wasted costs order, it shall-

(a) specify the amount to be disallowed or paid; or (b) direct a master to decide the amount of costs to be disallowed or paid.

(5) The Court may give directions about the procedure that should be followed in each case in order to ensure that the issues are dealt with in a way that is fair and is as simple and summary as the circumstances permit.

(6) The Court may direct that notice must be given to the legal representative's client, in such manner as the Court may direct-

(a) of any proceedings under this rule; or

Cap 4A - THE RULES OF THE HIGH COURT 181

(b) of any order made under this rule against his legal representative. (7) Before making a wasted costs order, the Court may direct a master to inquire into the matter and report to

the Court. (8) The Court may refer the question of wasted costs to a master, instead of making a wasted costs order. (9) The Court may, if it thinks fit, direct or authorize the Official Solicitor to attend and take part in any

proceedings or inquiry under this rule, and may make such order as it thinks fit as to the payment of his costs. (L.N. 152 of 2008)

8A. Court may make wasted costs order on its own motion or on application (O. 62, r. 8A)

(1) The Court may make a wasted costs order against a legal representative on its own motion. (2) A party may apply for a wasted costs order-

(a) orally in the course of a hearing; or (b) by making an interlocutory application by summons.

(3) Where a party applies for a wasted costs order by making an interlocutory application by summons, the party shall serve the summons on-

(a) the legal representative concerned; (b) any party represented by that legal representative; and (c) any other person as may be directed by the Court,

not less than 2 clear days before the day specified in the summons for its hearing. (4) An application for a wasted costs order shall not be made or dealt with until the conclusion of the

proceedings to which the order relates, unless the Court is satisfied that there is reasonable cause for the application to be made or dealt with before the conclusion of the proceedings.

(5) Unless there are exceptional circumstances making it inappropriate to do so, an application for a wasted costs order shall be heard by the judge or master who conducted the proceedings to which the order relates.

(L.N. 152 of 2008)

8B. Stages of considering whether to make a wasted costs order (O. 62, r. 8B)

(1) The Court shall consider whether to make a wasted costs order in 2 stages- (a) in the first stage, the Court must be satisfied that-

(i) it has before it evidence or other material which, if unanswered, would be likely to lead to a wasted costs order being made; and

(ii) the wasted costs proceedings are justified notwithstanding the likely costs involved; and (b) in the second stage (even if the Court is satisfied under sub-paragraph (a)), the Court shall consider,

after giving the legal representative an opportunity to give reasons why the Court should not make a wasted costs order, whether it is appropriate to make the order in accordance with rule 8.

(2) On an application for a wasted costs order, the Court may proceed to the second stage described in paragraph (1)(b) without first adjourning the hearing if it is satisfied that the legal representative has already had a reasonable opportunity to give reasons why the Court should not make a wasted costs order. In other cases the Court shall adjourn the hearing before proceeding to the second stage.

(3) On an application for a wasted costs order, any evidence in support must identify- (a) what the legal representative is alleged to have done or failed to do; and (b) the costs that he may be ordered to pay or which are sought against him.

(L.N. 152 of 2008)

8C. Application for wasted costs order not to be used as means of intimidation (O. 62, r. 8C)

Cap 4A - THE RULES OF THE HIGH COURT 182

(1) A party shall not by himself or by another person on his behalf threaten another party or any of that party's legal representatives with an application for a wasted costs order with a view to coercing or intimidating either of them to do or refrain from doing anything.

(2) A party shall not indicate to another party or any of that party's legal representatives that he intends to apply for a wasted costs order unless he is satisfied that he is able to-

(a) particularize the behaviour of the legal representative from which the wasted costs concerned are alleged to result; and

(b) identify the evidence or other materials on which he relies in support of the allegation. (L.N. 152 of 2008)

8D. Personal liability of legal representative for costs-supplementary provisions (O. 62, r. 8D)

(1) Where in any proceedings before a taxing master, the legal representative representing any party is guilty of neglect or delay or puts any other party to any unnecessary expense in relation to those proceedings, the taxing master may direct the legal representative personally to pay costs to any of the parties to those proceedings.

(2) Where any legal representative fails to file a bill of costs (with the documents required by this Order) for taxation within the time fixed by or under this Order or otherwise delays or impedes the taxation, then, unless the taxing master otherwise directs, the legal representative shall not be allowed the fees to which he would otherwise be entitled for drawing the bill of costs and for attending the taxation.

(3) If, on the taxation of costs to be paid out of a fund other than funds provided by the Legislative Council pursuant to section 27 of the Legal Aid Ordinance (Cap 91), one-sixth or more of the amount of the bill for those costs is taxed off, the legal representative whose bill it is shall not be allowed the fees to which he would otherwise be entitled for drawing the bill and for attending the taxation.

(4) In any proceedings in which the party by whom the fees prescribed by any enactment relating to court fees are payable is represented by a legal representative, if the fees or any part of the fees payable under that enactment are not paid as prescribed, the Court may, on the application of the Official Solicitor by summons, order the legal representative personally to-

(a) pay that amount in the manner so prescribed; and (b) pay the costs of the Official Solicitor of the application.

(5) A legal representative shall not be directed or ordered under this rule to pay any costs or fees, nor shall he be disallowed under this rule any fees, unless he has been given a reasonable opportunity to give reasons why-

(a) the direction or order should not be made; or (b) he should not be disallowed the fees.

(6) When a taxing master makes a direction under paragraph (1), he- (a) shall specify the amount to be paid; and (b) may give directions about the procedure that should be followed in each case in order to ensure that the

issues are dealt with in a way that is fair and is as simple and summary as the circumstances permit. (7) The Court or a taxing master may direct that notice must be given to the legal representative's client, in such

manner as the Court or the taxing master may direct, of any direction or order made under this rule against his legal representative.

(L.N. 152 of 2008)

8E. Stages of considering whether to make direction under rule 8D(1) (O. 62, r. 8E)

(1) The taxing master shall consider whether to make a direction under rule 8D(1) in 2 stages- (a) in the first stage, the taxing master must be satisfied that-

(i) he has before him evidence or other material which, if unanswered, would be likely to lead to a direction under rule 8D(1) being made; and

(ii) the direction is justified notwithstanding the likely costs involved; and (b) in the second stage (even if the taxing master is satisfied under sub-paragraph (a)), the taxing master

shall consider, after giving the legal representative an opportunity to give reasons why the taxing

Cap 4A - THE RULES OF THE HIGH COURT 183

master should not make the direction, whether it is appropriate to make the direction. (2) On an application for a direction under rule 8D(1), the taxing master may proceed to the second stage

described in paragraph (1)(b) without first adjourning the hearing if he is satisfied that the legal representative has already had a reasonable opportunity to give reasons why the taxing master should not make the direction. In other cases the taxing master shall adjourn the hearing before proceeding to the second stage.

(3) On an application for a direction under rule 8D(1), any evidence in support must identify- (a) what the legal representative is alleged to have done or failed to do; and (b) the costs that he may be directed to pay or which are sought against him.

(L.N. 152 of 2008)

9. Taxed costs, fractional taxed costs or costs summarily assessed for non-interlocutory applications (O. 62, r. 9)

(L.N. 152 of 2008)

(1) Subject to this order, where by or under these rules or any order or direction of the Court costs are to be paid to any person, that person shall be entitled to his taxed costs.

(2) Paragraph (1) shall not apply to costs which by or under any order or direction of the Court- (a) are to be paid to a receiver appointed by the Court of First Instance under section 21L of the Ordinance

in respect of his remuneration, disbursements or expenses; or (25 of 1998 s. 2) (b) are to be assessed or settled by a taxing master,

but rules 28, 28A, 31 and 32 shall apply in relation to the assessment or settlement by a taxing master of costs which are to be assessed or settled as aforesaid as they apply in relation to the taxation of costs by a taxing master.

(3) Where a writ in an action is endorsed in accordance with Order 6, rule 2(1)(b), and judgment is entered on failure to give notice of intention to defend or in default of defence for the amount claimed for costs (whether alone or together with any other amount claimed), paragraph (1) of this rule shall not apply to those costs, but if the amount claimed for costs as aforesaid is paid in accordance with the indorsement (or is accepted by the plaintiff as if so paid) the defendant shall nevertheless be entitled to have those costs taxed.

(4) The Court in awarding costs to any person may direct that, instead of taxed costs, that person shall be entitled-

(a) to a proportion specified in the direction of the taxed costs or to the taxed costs from or up to a stage of the proceedings so specified; or

(b) to a sum of money summarily assessed in lieu of taxed costs. (L.N. 152 of 2008) (5) This rule does not apply to costs of an interlocutory application. (L.N. 152 of 2008)

9A. Summary assessment of costs of interlocutory application (O. 62, r. 9A)

(1) Where the Court has determined an interlocutory application at any stage of proceedings and orders a party to pay costs in respect of the interlocutory application to any other party, it may, if it considers it appropriate to do so but subject to rule 9C-

(a) make a summary assessment of the costs by ordering payment of a sum of money to that other party in lieu of taxed costs;

(b) make a summary assessment of the costs by ordering payment of a sum of money to that other party in lieu of taxed costs but subject to the right of either party to have the costs taxed pursuant to paragraph (2); or

(c) order that the costs be taxed in accordance with this Order. (2) Where the Court has made an order under paragraph (1)(b), either party to the interlocutory application is

entitled to have the costs in respect of the interlocutory application taxed in accordance with this Order. (3) Upon taxation pursuant to paragraph (2)-

(a) if the amount of the taxed costs in respect of the interlocutory application equals the amount paid pursuant to an order made under paragraph (1)(b), the taxing master shall direct that no further amount is payable in respect of the taxed costs;

(b) if the amount of the taxed costs in respect of the interlocutory application exceeds the amount paid

Cap 4A - THE RULES OF THE HIGH COURT 184

pursuant to an order made under paragraph (1)(b), the taxing master may- (i) direct the party against whom the order was made to pay the shortfall; or (ii) set off the shortfall against any other costs to which the party against whom the order was made

is entitled and direct payment of any balance; and (c) if the amount paid pursuant to an order made under paragraph (1)(b) exceeds the amount of the taxed

costs in respect of the interlocutory application, the taxing master may- (i) direct the party in whose favour the order was made to pay the difference; or (ii) set off the difference against any other costs to which the party in whose favour the order was

made is entitled and direct payment of any balance. (4) Where-

(a) the amount paid pursuant to an order made under paragraph (1)(b) equals or exceeds the amount of the taxed costs in respect of the interlocutory application; or

(b) the taxed costs in respect of the interlocutory application do not materially exceed the amount paid pursuant to an order made under paragraph (1)(b),

the taxing master may make such order as to the costs of the taxation or such other order as he considers appropriate. (5) In determining whether the taxed costs materially exceed the amount paid pursuant to an order made under

paragraph (1)(b), the taxing master shall, in addition to any other matter that he may consider relevant, have regard to- (a) the amount by which the taxed costs exceed the amount paid pursuant to the order made under

paragraph (1)(b); and (b) whether the exceeded amount is disproportionate to the costs of the taxation.

(L.N. 152 of 2008)

9B. Time for complying with direction or order for summary assessment (O. 62, r. 9B)

(1) A party shall comply with a direction or order under rule 9(4)(b) or 9A(1)(a) or (b) for payment of a sum of money-

(a) within 14 days of the date of the direction or order; or (b) by such date as the Court may specify.

(2) Paragraph (1) does not apply if the party is an aided person. (L.N. 152 of 2008)

9C. When summary assessment not allowed (O. 62, r. 9C)

(1) No direction or order may be made under rule 9(4)(b) or 9A(1)(a) or (b) for the payment of a sum of money if-

(a) the paying party shows substantial grounds for disputing the sum claimed for costs that cannot be dealt with summarily;

(b) the receiving party is an aided person, and the legal representative acting for the receiving party has not waived the right to any further sum of money in respect of the costs of the interlocutory application; or

(c) the receiving party is a person under disability as defined in Order 80, rule 1, and the legal representative (or the next friend or guardian ad litem) acting for the person under disability has not waived the right to any further sum of money in respect of the costs of the interlocutory application.

(2) In this rule- "paying party" (支付方) means the party against whom a direction or order under rule 9(4)(b) or 9A(1)(a) or (b) is

made; "receiving party" (收取方) means the party in whose favour a direction or order under rule 9(4)(b) or 9A(1)(a) or (b)

is made. (L.N. 152 of 2008)

9D. When to tax costs

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(O. 62, r. 9D)

(1) Subject to paragraphs (2) and (4), the costs of any proceedings shall not be taxed until the conclusion of the action.

(2) If it appears to the Court when making a costs order that all or any part of the costs ought to be taxed at an earlier stage it may order accordingly.

(3) No order may be made under paragraph (2) in a case where the person against whom the costs order is made is an aided person.

(4) Where it appears to a taxing master that there is no likelihood of any further order being made in a cause or matter, he may order the person entitled to payment of the costs of any interlocutory proceedings which have taken place to commence taxation proceedings in accordance with rule 21.

(L.N. 152 of 2008)

10. When a party may sign judgment for costs without an order (O. 62, r. 10)

(1) Where a plaintiff by notice in writing and without leave either wholly discontinues his action against any defendant or withdraws any particular claim made or question raised by him therein as against any defendant, the defendant may tax his costs of the action or his costs occasioned by the matter withdrawn, as the case may be, and, if the taxed costs are not paid within 4 days after taxation, may sign judgment for them. (See App. A, Form 50)

(2)-(4) (Repealed L.N. 152 of 2008) (5) In the circumstances mentioned in this rule, Order 22, rules 20 and 21 and Order 25, rule 1C(6) an order for

costs shall be deemed to have been made to the effect described and, for the purposes of section 49 of the Ordinance, the order shall be deemed to have been entered up on the date on which the event which gave rise to the entitlement to costs occurred. (L.N. 403 of 1992; L.N. 152 of 2008)

11. When order for taxation of costs not required (O. 62, r. 11)

(1) Where an action, petition or summons is dismissed with costs, or a motion is refused with costs, or an order of the Court directs the payment of any costs, or any party is entitled under rule 10 to tax his costs, no order directing the taxation of those costs need be made.

(2) Where a summons is taken out to set aside with costs any proceeding on the ground of irregularity and the summons is dismissed but no direction is given as to costs, the summons is to be taken as having been dismissed with costs.

11A. Commencement of costs-only proceedings (O. 62, r. 11A)

(1) Proceedings under section 52B(2) of the Ordinance may be commenced by originating summons in Form No. 10 in Appendix A.

(2) The originating summons must be accompanied by- (a) an affidavit exhibiting the agreement referred to in section 52B(1) of the Ordinance; and (b) the plaintiff 's bill of costs or statement of costs.

(3) An acknowledgment of service of the originating summons must be in Form No. 15A in Appendix A. (4) A master may make a summary assessment of or an order for taxation of the costs that are the subject

matter of the proceedings commenced in accordance with paragraph (1). (5) Orders 13A, 22 and 27 and Order 28, rules 1A, 4(3) to (5) and 7 to 9 do not apply in relation to the

proceedings commenced in accordance with paragraph (1) unless otherwise directed by the Court. (L.N. 152 of 2008)

POWERS OF TAXING OFFICERS

12. Powers of taxing masters to tax costs (O. 62, r. 12)

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(1) A taxing master shall have power to tax- (a) the costs of or incidental to any proceedings in the High Court; (25 of 1998 s. 2; L.N. 152 of 2008) (aa) the costs that are the subject matter of the proceedings commenced in accordance with rule 11A(1);

(L.N. 152 of 2008) (b) the costs directed by an award made in an arbitration under any enactment or pursuant to an arbitration

agreement to be paid; and (17 of 2010 s. 112) (c) any other costs the taxation of which is directed by an order of the Court.

13. Powers of certain judicial clerks to tax costs (O. 62, r. 13)

(HK)(1) A Chief Judicial Clerk shall have power to transact all such business and exercise all such authority as under rule 21B of this Order may be transacted and exercised by the taxing master and to issue a certificate for any costs taxed by him.

(1A)Paragraph (1) only applies if the amount of the bill of costs does not exceed the sum of $200000. (L.N. 152 of 2008)

(2) Paragraph (1) shall not be taken as empowering a Chief Judicial Clerk to tax any costs the taxation of which is set down for hearing under rule 21B(4) or 21C(1).

(3) In exercising the powers conferred on him by this Order, a Chief Judicial Clerk shall comply with any directions given to him by a taxing master.

(L.N. 343 of 1989; L.N. 152 of 2008)

13A. Taxing master may give directions (O. 62, r. 13A)

(1) A taxing master may give directions- (a) for the just and expeditious disposal of the taxation of a bill of costs; and (b) for saving the costs of taxation.

(2) Without limiting the generality of paragraph (1), a taxing master may give directions as to- (a) the form and contents of a bill of costs; (b) the filing of papers and vouchers; (c) the manner in which-

(i) any objections to a bill of costs may be raised; and (ii) any reply to those objections may be made; and

(d) the steps to be taken or things to be done at any stage of the taxation proceedings. (L.N. 152 of 2008)

14. Supplementary powers of taxing masters (O. 62, r. 14)

A taxing master may, in the discharge of his functions with respect to the taxation of costs- (a) take an account of any dealing in money made in connection with the payment of the costs being

taxed, if the Court so directs; (b) require any party represented jointly with any other party in any proceedings before him to be

separately represented; (c) examine any witness in those proceedings; (d) direct the production of any document which may be relevant in connection with those proceedings; (e) correct any clerical mistake in any certificate or order, or any error arising therein from any accidental

slip or omission.

15. Disposal of business by one taxing master for another (O. 62, r. 15)

(1) If, apart from this paragraph, a taxing master has power to tax any costs, the taxation of which has been assigned to some other taxing master, he may tax those costs and if, apart from this paragraph, he has power to issue a certificate for the taxed costs he shall issue a certificate for them.

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(2) Any taxing master may assist any other taxing master in the taxation of any costs the taxation of which has been assigned to that other officer.

(3) On an application in that behalf made by a party to any cause or matter, a taxing master may, and if the circumstances require it shall, hear and dispose of any application in the cause or matter on behalf of the taxing master by whom the application would otherwise be heard.

16. Extension etc., of time (O. 62, r. 16)

(1) A taxing master may- (a) extend the period within which a party is required by or under this Order to begin proceedings for

taxation or to do anything in or in connection with proceedings before that master; (b) extend the period provided by rule 33(2) beyond the signing of the taxing officer's certificate by setting

the certificate aside; (c) where no period is specified by or under this Order or by the Court for the doing of anything in or in

connection with such proceedings, specify the period within which the thing is to be done. (2) Where an order of the Court specifies a period within which anything is to be done by or before a taxing

master, then unless the Court otherwise directs, the taxing master may from time to time extend the period so specified on such terms (if any) as he thinks just.

(3) A taxing master may extend any such period as is referred to in the foregoing provisions of this rule although the application for extension is not made until after the expiration of that period.

17. Interim certificates (O. 62, r. 17)

(1) A taxing master may from time to time in the course of the taxation of any costs by him issue an interim certificate for any part of those costs which has been taxed.

(2) If, in the course of the taxation of a solicitor's bill to his own client, it appears to the taxing master that in any event the solicitor will be liable in connection with that bill to pay money to the client, he may from time to time issue an interim certificate specifying an amount which in his opinion is payable by the solicitor to his client.

(3) On the filing of a certificate issued under paragraph (2), the Court may order the amount specified therein to be paid forthwith to the client or into court.

17A. Final certificate (O. 62, r. 17A)

(1) A taxing master shall, after the conclusion of taxation proceedings before him, issue a final certificate specifying the amount of taxed costs and the amount of money payable under rule 32B.

(2) A taxing master shall not issue a final certificate unless the period within which an application for review of his decision may be made under rule 33(2) has expired.

(3) A taxing master may set aside a final certificate for good reasons and on such terms as he thinks fit. (L.N. 152 of 2008)

17B. Taxing master may set aside his own decision (O. 62, r. 17B)

If a party entitled to be heard on taxation fails to raise any objection to a bill of costs or to appear at a hearing set down under rule 21B(4) or 21C(1), a decision of a taxing master made against that party may be set aside or varied by the taxing master for good reasons and on such terms as he thinks fit.

(L.N. 152 of 2008)

18. Power of taxing master where party liable to be paid and to pay costs (O. 62, r. 18)

Where a party entitled to be paid costs is also liable to pay costs, the taxing master may- (a) tax the costs which that party is liable to pay and set off the amount allowed against the amount he is

entitled to be paid and direct payment of any balance, or (b) delay the issue of a certificate for the costs he is entitled to be paid until he has paid or tendered the

Cap 4A - THE RULES OF THE HIGH COURT 188

amount he is liable to pay.

19. Taxation of bill of costs comprised in account (O. 62, r. 19)

(1) Where the Court directs an account to be taken and the account consists in part of a bill of costs, the Court may direct a taxing master to tax those costs and the taxing master shall tax the costs in accordance with the direction and shall return the bill of costs, after taxation thereof, together with his report thereon to the Court.

(2) A taxing master taxing a bill of costs in accordance with a direction under this rule shall have the same powers, and the same fees shall be payable in connection with the taxation, as if an order for taxation of the costs had been made by the Court.

PROCEDURE ON TAXATION

21. Mode of commencing proceedings for taxation (O. 62, r. 21)

(1) A party entitled to payment of the costs of any action to be taxed may commence proceedings for the taxation of those costs by filing in the Court-

(a) a notice of commencement of taxation; and (b) his bill of costs.

(2) The party shall serve a copy of the notice of commencement of taxation and of the bill of costs on every other party entitled to be heard on taxation within 7 days after the notice and the bill of costs were filed in the Court.

(3) The Court may give directions as to the service of a copy of the notice of commencement of taxation and of the bill of costs on any other person who may have a financial interest in the outcome of the taxation.

(4) It is not necessary for a copy of the notice of commencement of taxation or of the bill of costs to be served on any party who has not acknowledged service in the proceedings which gave rise to the taxation, except where-

(a) an order for the taxation of the bill of costs of a solicitor is made under section 67 of the Legal Practitioners Ordinance (Cap 159) at the instance of the solicitor; or

(b) the Court otherwise orders. (5) A party shall, when he files a notice of commencement of taxation, pay to the Court a prescribed taxing fee. (6) A person who has been served with a copy of the notice of commencement of taxation and of the bill of

costs pursuant to paragraph (3) shall, within 7 days of the service, give notice in writing to the taxing master and all other parties entitled to be heard on taxation, stating-

(a) his financial interest in the outcome of the taxation; and (b) whether he intends to take part in the taxation proceedings.

(7) A person who fails to comply with paragraph (6) is not entitled to- (a) receive from the Registrar or from any other party entitled to be heard on taxation any notice,

application or other document relating to the taxation; and (b) take part in the taxation proceedings.

(L.N. 152 of 2008)

21A. Application for taxation to be set down (O. 62, r. 21A)

(1) Upon compliance with the directions given by a taxing master under rule 13A relating to the steps to be taken or things to be done before the taxation is set down, the party who has commenced taxation proceedings under rule 21 may apply to the taxing master for setting down the taxation.

(2) The party shall, within 7 days after making an application under paragraph (1), serve a copy of the application on every other party entitled to be heard on taxation.

(3) A taxing master may refuse to proceed with taxation if he is of the opinion that any direction referred to in paragraph (1) has not been complied with.

(L.N. 152 of 2008)

21B. Provisional taxation (O. 62, r. 21B)

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(1) Unless the taxation is set down for hearing under rule 21C(1), the taxing master may- (a) tax the bill of costs without a hearing; and (b) make an order nisi as to-

(i) the amount which he allows in respect of the whole or part of the bill of costs; and (ii) the costs of the taxation.

(2) Where the taxing master has taxed the bill of costs without a hearing and made an order nisi under paragraph (1), the party who has applied for setting down the taxation under rule 21A(1) shall serve a copy of the order nisi on every other party entitled to be heard on taxation.

(3) The order nisi becomes absolute 14 days after it is made unless a party entitled to be heard on taxation applies to the taxing master within the 14-day period for a hearing.

(4) The taxing master shall set down the taxation for hearing upon application made by a party under paragraph (3) and that party shall serve a notice of the hearing on every other party entitled to be heard on taxation.

(5) The taxing master may order that party to pay any costs of the hearing if the taxed costs do not materially exceed the amount allowed under paragraph (1)(b)(i).

(6) In determining whether the taxed costs materially exceed the amount allowed under paragraph (1)(b)(i), the taxing master shall, in addition to any other matter that he may consider relevant, have regard to-

(a) the amount by which the costs taxed at the hearing exceed the amount allowed under paragraph (1)(b)(i); and

(b) whether the exceeded amount is disproportionate to the costs of the hearing. (L.N. 152 of 2008)

21C. Taxation with a hearing (O. 62, r. 21C)

(1) Where the taxing master is satisfied that there is a good reason to do so, he may, either of his own motion or on application by a party entitled to be heard on taxation, set down for hearing the taxation of the whole or part of the bill of costs.

(2) Upon notification by the taxing master of the date of hearing, the party who applied for setting down shall serve a notice of the hearing on every other party entitled to be heard on taxation within 7 days after the notification.

(L.N. 152 of 2008)

21D. Withdrawal of bill of costs (O. 62, r. 21D)

(1) A party who has filed a bill of costs shall pay the prescribed fee to the Court if he withdraws the bill of costs within 7 days after his application to the taxing master for setting down the taxation under rule 21A(1) is made.

(2) The Court shall deduct the fee payable under paragraph (1) from the amount paid under rule 21(5) and refund the balance to the party.

(3) The party is not entitled to any refund of the balance of the amount paid under rule 21(5) except- (a) under paragraph (2); or (b) where the Court otherwise directs.

(L.N. 152 of 2008)

22. Delay in service of notice of commencement of taxation or in proceeding with taxation (O. 62, r. 22)

(1) If, within 3 months after the completion date, the person entitled to payment of costs has neither- (a) agreed the amount of those costs with the person liable to pay them; nor (b) served upon such person a copy of a notice of commencement of taxation in accordance with rule

21(2), the taxing master, on the application of the person liable to pay such costs and on not less than 7 days' notice to the person entitled to payment of those costs, may make an order under paragraph (3).

Cap 4A - THE RULES OF THE HIGH COURT 190

(2) If, after the proceedings for the taxation of a bill of costs have commenced in accordance with rule 21(1), the person entitled to payment of costs has neither-

(a) agreed the amount of those costs with the person liable to pay them; nor (b) proceeded with the taxation,

the taxing master, on the application of the person liable to pay such costs and on not less than 7 days' notice to the person entitled to payment of those costs, may make an order under paragraph (3).

(3) The taxing master- (a) may order that the person entitled to payment of the costs must commence taxation proceedings in

accordance with rule 21 or proceed with the taxation, within such period as may be specified in the order; and

(b) may further order that that person shall not be entitled to commence those taxation proceedings or proceed with the taxation unless the person does commence those taxation proceedings or proceed with the taxation within the specified period or such extended period as may be allowed by the taxing master.

(4) The taxing master may make an order under paragraph (3) subject to such conditions as he thinks fit, including a condition that the person liable to pay the costs to be taxed shall pay a sum of money into court.

(5) On the taxation of a bill of costs, whether or not an order has been made under paragraph (3), the taxing master, if he is satisfied that there has been undue delay in commencing taxation proceedings or in proceeding with the taxation-

(a) may make such order as he thinks fit as to the costs of any application or as to the costs of the taxation; (b) may disallow any part of the costs to be taxed pursuant to the costs order; and (c) may, in relation to the taxed costs or any part of those costs, disallow interest or reduce the period for

which interest is payable or the rate at which interest is payable. (6) Where a party entitled to payment of costs fails to proceed with taxation after filing the notice of

commencement of taxation under rule 21(1), the taxing master in order to prevent any other parties being prejudiced by that failure, may-

(a) allow the party so entitled a nominal or other sum for costs; or (b) certify the failure and the costs of the other parties.

(7) A party is not entitled to commence taxation proceedings under rule 21- (a) after the expiry of 2 years from the completion date; or (b) where the Court has extended the period specified in sub-paragraph (a), after the expiry of the period

as extended, whichever is the later.

(8) Where the completion date is before the commencement* of this rule, paragraph (7)(a) has effect as if for the words "completion date", there were substituted the words "commencement of this rule".

(9) In this rule, "completion date" (完結日期) means- (a) in relation to a costs order made by the Court of First Instance-

(i) the date of the judgment or order of the Court of First Instance which disposes of the action; (ii) the date on which the Court of First Instance makes the costs order, or if the order is an order

nisi, the date on which the order is made absolute or varied (as the case may be); (iii) the date on which the taxing master orders under rule 9D(4) the person entitled to payment of the

costs of any interlocutory proceedings in the Court of First Instance to commence taxation proceedings; or

(iv) where the person entitled to payment of costs is entitled to tax those costs without an order of the Court of First Instance directing the taxation of them, the date on which he becomes entitled to tax those costs,

whichever is the later; and (b) in relation to a costs order made by the Court of Appeal-

(i) the date of the judgment or order of the Court of Appeal which disposes of the appeal; (ii) the date on which the Court of Appeal makes the costs order, or if the order is an order nisi, the

date on which the order is made absolute or varied (as the case may be); (iii) the date on which the taxing master orders under rule 9D(4) the person entitled to payment of the

costs of any interlocutory proceedings in the Court of Appeal to commence taxation proceedings; or

(iv) where the person entitled to payment of costs is entitled to tax those costs without an order of the

Cap 4A - THE RULES OF THE HIGH COURT 191

Court of Appeal directing the taxation of them, the date on which he becomes entitled to tax those costs,

whichever is the later. (L.N. 152 of 2008)

23. (Repealed L.N. 152 of 2008)

24. Taxation (O. 62, r. 24)

(1) The taxing master may proceed to taxation of a bill of costs under rule 21B(1) notwithstanding that a party entitled to be heard on taxation has failed to comply with any direction given by him relating to the steps to be taken or things to be done before the taxation proceeds under rule 21B, if the taxing master is satisfied that a copy of the notice of commencement of taxation and of the bill of costs were duly served in accordance with rule 21(2) on the party.

(2) If, at the date and time of a hearing under rule 21B(4) or 21C(2), a party entitled to be heard on taxation does not appear before the taxing master in person or by his representative, the taxing master may proceed to taxation of the bill of costs in the absence of the party or of his representative, if the taxing master is satisfied that the party has been served with a notice of the hearing in accordance with rule 21B(4) or 21C(2), or has been otherwise informed of the hearing.

(3) If the taxing master is not so satisfied, he- (a) must adjourn the hearing for such period as he may consider necessary to enable service of the notice

of the adjourned hearing or of the bill of costs or both to be effected on the party; and (b) may make such order as he may consider appropriate in relation to costs thrown away by the

adjournment. (L.N. 152 of 2008)

25. (Repealed L.N. 152 of 2008)

26. Power to adjourn (O. 62, r. 26)

(1) The taxing master by whom any taxation proceedings are being conducted may, if he thinks it necessary to do so, adjourn those proceedings from time to time. (L.N. 152 of 2008)

(2) If the taxation proceedings are adjourned because a party has failed to comply with any directions given under rule 13A, the taxing master may make such order as he may consider appropriate in relation to costs thrown away by the adjournment. (L.N. 152 of 2008)

27. Powers of taxing master taxing costs payable out of fund (O. 62, r. 27)

(1) Where any costs are to be paid out of a fund the taxing master may give directions as to the parties who are entitled to attend on the taxation of those costs and may disallow the costs of attendance of any party not entitled to attend by virtue of the directions and whose attendance he considers unnecessary.

(2) Where the Court has directed that a bill of costs be taxed for the purpose of being paid out of a fund the taxing master by whom the bill is being taxed may, if he thinks fit, adjourn the taxation for a reasonable period and direct the party whose bill it is to send to any person having an interest in the fund a copy of the bill, or of any part thereof, free of charge together with a letter containing the following information, that is to say- (L.N. 126 of 1995)

(a) that the bill of costs, a copy of which or of part of which is sent with the letter, has been referred to a taxing master for taxation;

(b) the name of the taxing master and the address of the office at which the taxation is proceeding; (c) the time appointed by the taxing master at which the taxation will be continued; and (d) such other information, if any, as the taxing master may direct.

BASES AND SCALES FOR TAXATION AND ASSESSMENT OF COSTS

(L.N. 152 of 2008)

Cap 4A - THE RULES OF THE HIGH COURT 192

28. Costs payable to one party by another or out of a fund (O. 62, r. 28)

(1) This rule applies to costs which by or under these rules or any order or direction of the Court are to be paid to a party to any proceedings either by another party to those proceedings or out of any fund (other than a fund which the party to whom the costs are to be paid holds as trustee or personal representative).

(2) Subject to the following provisions of this rule, costs to which this rule applies shall be taxed on the party and party basis, and on a taxation on that basis there shall be allowed all such costs as were necessary or proper for the attainment of justice or for enforcing or defending the rights of the party whose costs are being taxed.

(3) The Court in awarding costs to which this rule applies may in any case in which it thinks fit to do so order or direct that the costs shall be taxed on the common fund basis or on the indemnity basis. (L.N. 125 of 1991)

(4) On a taxation on the common fund basis, being a more generous basis than that provided for by paragraph (2), there shall be allowed a reasonable amount in respect of all costs reasonably incurred, and paragraph (2) shall not apply; and accordingly in all cases where costs are to be taxed on the common fund basis the ordinary rules applicable on a taxation as between solicitor and client where the costs are to be paid out of a common fund in which the client and others are interested shall be applied, whether or not the costs are in fact to be so paid.

(4A)On a taxation on the indemnity basis all costs shall be allowed except insofar as they are of an unreasonable amount or have been unreasonably incurred and any doubts which the taxing master may have as to whether the costs were reasonably incurred or were reasonable in amount shall be resolved in favour of the receiving party; and in these rules the term "the indemnity basis" (彌償基準) in relation to the taxation of costs shall be construed accordingly. (L.N. 125 of 1991)

(5) The Court in awarding costs to which this rule applies to any person may if it thinks fit and if- (a) the costs are to be paid out of a fund, or (b) the person to whom the costs are to be paid is or was a party to the proceedings in the capacity of

trustee or personal representative, order or direct that the costs shall be taxed as if that person were a trustee of the fund or as if the costs were to be paid out of a fund held by that person, as the case may be, and where the Court so orders or directs rule 31(2) shall have effect in relation to the taxation in substitution for paragraph (2) of this rule.

(6) The foregoing provisions of this rule shall be without prejudice to the powers of the Court under section 44A of the District Court Ordinance (Cap 336). (L.N. 152 of 2008)

28A. Costs of a litigant in person (O. 62, r. 28A)

(1) On a taxation of the costs of a litigant in person there may, subject to the provisions of this rule, be allowed such costs as would have been allowed if the work and disbursements to which the costs relate had been done or made by a solicitor on the litigant's behalf.

(2) The amount allowed in respect of any item shall be such sum as the taxing master thinks fit not exceeding, except in the case of a disbursement, two-thirds of the sum which in the opinion of the taxing master would have been allowed in respect of that item if the litigant had been represented by a solicitor.

(3) Where in the opinion of the taxing master the litigant has not suffered any pecuniary loss in doing any work to which the costs relate, he shall not be allowed in respect of the time reasonably spent by him on the work more than $200 an hour.

(4) A litigant who is allowed costs in respect of attending court to conduct his own case shall not be entitled to a witness allowance in addition.

(5) Nothing in Order 6, rule 2(1)(b), or rule 32(4) of this Order or the Second Schedule to this Order shall, unless otherwise specified therein, apply to the costs of a litigant in person. (L.N. 152 of 2008)

(6) For the purposes of this rule a litigant in person does not include a litigant who is a practising solicitor but includes a company or other corporation which is acting without a legal representative. (L.N. 152 of 2008)

(7) This rule applies, with the necessary modifications, to a summary assessment under rules 9(4)(b), 9A(1)(a) and (b) and 11A(4), as it applies to the taxation of the costs of a litigant in person, if the party entitled to the sum is a litigant in person. (L.N. 152 of 2008)

29. Costs payable to a solicitor by his own client (O. 62, r. 29)

Cap 4A - THE RULES OF THE HIGH COURT 193

(1) On the taxation of a solicitor's bill to his own client (except a bill to be paid out of funds provided by the Legislative Council pursuant to section 27 of the Legal Aid Ordinance (Cap 91), or a bill with respect to non- contentious business) all costs shall be allowed except in so far as they are of an unreasonable amount or have been unreasonably incurred.

(2) For the purposes of paragraph (1), all costs incurred with the express or implied approval of the client shall, subject to paragraph (3), be conclusively presumed to have been reasonably incurred and, where the amount thereof has been expressly or impliedly approved by the client, to have been reasonable in amount.

(3) For the purposes of paragraph (1), any costs which in the circumstances of the case are of an unusual nature and such that they would not be allowed on a taxation of costs in a case to which rule 28(2) applies, shall, unless the solicitor expressly informed his client before they were incurred that they might not be so allowed, be presumed, until the contrary is shown, to have been unreasonably incurred.

(4) In paragraphs (2) and (3), the references to the client shall be construed- (a) if the client was at the material time a mentally disordered person within the meaning of the Mental

Health Ordinance (Cap 136) and represented by a person acting as guardian ad litem or next friend, as references to that person acting, where necessary, with the authority of the Court;

(b) if the client was at the material time a minor and represented by a person acting as guardian ad litem or next friend, as references to that person.

30. Costs payable to solicitor where money recovered by or on behalf of infant, etc. (O. 62, r. 30)

(1) This rule applies to- (a) any proceedings in which money is claimed or recovered by or on behalf of, or adjudged or ordered or

agreed to be paid to, or for the benefit of, a person who is a minor or a mentally disordered person within the meaning of the Mental Health Ordinance (Cap 136) or in which money paid into court is accepted by or on behalf of such a person; and

(b) any proceedings under the Fatal Accidents Ordinance (Cap 22), in which money is recovered by or on behalf of, or adjudged or ordered or agreed to be paid to, or for the benefit of, the widow of the person whose death gave rise to the proceedings in satisfaction of a claim under the said Ordinance or in which money paid into court is accepted by her or on her behalf in satisfaction of such a claim, if the proceedings were for the benefit also of a person who, when the money is recovered, or adjudged or ordered or agreed to be paid, or accepted, is a minor; and

(c) any proceedings in the Court of Appeal on an application or appeal made in connection with any such proceedings to which this rule applies by virtue of the foregoing provisions of this paragraph.

(2) Unless the Court otherwise directs the costs payable to his solicitor by any plaintiff in any proceedings to which this rule applies by virtue of paragraph (1)(a) or (b), being the costs of those proceedings or incident to the claim therein or consequent thereon, shall be taxed under rule 29; and no costs shall be payable to the solicitor of any plaintiff in respect of those proceedings, except such amount of costs as may be certified in accordance with this rule on the taxation under rule 29 of the solicitor's bill to that plaintiff.

(3) On the taxation under rule 29 of a solicitor's bill to any plaintiff in any proceedings to which this rule applies by virtue of paragraph (1)(a) or (b) who is his own client, the taxing master shall also tax any costs payable to that plaintiff in those proceedings and shall certify-

(a) the amount allowed on the taxation under rule 29, the amount allowed on that taxation of any costs payable to the plaintiff in those proceedings and the amount (if any), by which the first-mentioned amount exceeds the other, and

(b) where necessary, the proportion of the amount of the excess payable respectively by, or out of money belonging to, any party to the proceedings who is a minor or a mentally disordered person within the meaning of the Mental Health Ordinance (Cap 136) or the widow of the man whose death gave rise to the proceedings and any other party.

(4) Paragraphs (2) and (3) shall apply in relation to any proceedings to which this rule applies by virtue of paragraph (1)(c) as if for references to a plaintiff there were substituted references to the party, whether appellant or respondent, who was the plaintiff in the proceedings which gave rise to the first-mentioned proceedings.

(5) Nothing in the foregoing provisions of this rule shall prejudice a solicitor's lien for costs. (6) Where in any proceedings to which this rule applies directions given by the Court under Order 80, rule 12

Cap 4A - THE RULES OF THE HIGH COURT 194

provide for the transfer or payment of money to or into a District Court and for the payment to the solicitor of any plaintiff in the proceedings of an amount in respect of costs out of the money so transferred or paid, the taxing master by whom those costs are taxed shall send a copy of his certificate to the registrar of the District Court.

(7) The foregoing provisions of this rule shall apply in relation to- (a) a counterclaim by or on behalf of a person who is a minor or a mentally disordered person within the

meaning of the Mental Health Ordinance (Cap 136) and a counterclaim consisting of or including a claim under the Fatal Accidents Ordinance (Cap 22) by or on behalf of the widow of the man whose death gave rise to the claim; and

(b) a claim made by or on behalf of a person who is a minor or a mentally disordered person as aforesaid in an action by any other person for relief under section 504 of the Merchant Shipping Act, 1894 (1894 c. 60 U.K.)#, and a claim consisting of or including a claim under the Fatal Accidents Ordinance (Cap 22) made by or on behalf of that widow in such an action,

as if for references to a plaintiff there were substituted references to a defendant.

31. Costs payable to a trustee out of the trust funds, etc. (O. 62, r. 31)

(1) This rule applies to every taxation of the costs which a person who is or has been a party to any proceedings in the capacity of trustee or personal representative is entitled to be paid out of any fund which he holds in that capacity.

(2) On any taxation to which this rule applies, no costs shall be disallowed except in so far as those costs or any part of their amount should not, in accordance with the duty of the trustee or personal representative as such, have been incurred or paid, and should for that reason be borne by him personally.

32. Scales of costs (O. 62, r. 32)

(1) Subject to the foregoing rules and the following provisions of this rule, the scale of costs contained in the First Schedule of this Order, together with the notes and general provisions contained in that Schedule, shall apply to the taxation of all costs incurred in relation to contentious business done after the commencement of these rules.

(2) On a taxation in relation to which rule 29 or rule 31(2) has effect and in other special cases costs may at the discretion of the taxing master be allowed-

(a) in relation to items not mentioned in the said scale; or (b) of an amount higher than that prescribed by the said scale.

(3) Where the amount of a solicitor's remuneration in respect of non-contentious business connected with sales, purchases, leases, mortgages and other matters of conveyancing or in respect of any other non-contentious business is regulated (in the absence of agreement to the contrary) by any rules for the time being in force under the Legal Practitioners Ordinance (Cap 159), the amount of the costs to be allowed on taxation in respect of the like contentious business shall be the same, notwithstanding anything in the scale contained in the First Schedule. (L.N. 152 of 2008)

(4) Notwithstanding paragraph (1), costs shall, unless the Court otherwise orders, be allowed in the cases to which the Second Schedule to this Order applies in accordance with the provisions of that Schedule.

32A. Liability for costs of taxation (O. 62, r. 32A)

(1) A party entitled to payment of any costs to be taxed is also entitled to his costs of the taxation except where- (a) any Ordinance, any of these rules or any relevant practice direction provides otherwise; or (b) the Court makes some other order in relation to all or part of the costs of the taxation.

(2) In deciding whether to make some other order, the Court shall have regard to the underlying objectives set out in Order 1A, rule 1 and all the circumstances, including-

(a) the conduct of all the parties in relation to the taxation; (b) the amount, if any, by which the bill of costs has been reduced; and (c) whether it was reasonable for a party to claim the costs of a particular item or to dispute that item.

(L.N. 152 of 2008)

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32B. Reimbursement for taxing fees (O. 62, r. 32B)

Upon the issue of a final certificate under rule 17A, the party liable to pay costs shall pay to the party entitled to payment of the costs an amount of money equivalent to the prescribed taxing fee calculated on the basis of the amount of costs allowed.

(L.N. 152 of 2008)

32C. Court's powers in relation to misconduct (O. 62, r. 32C)

(1) The Court may make an order under this rule where- (a) a party or his legal representative, in connection with a summary assessment or taxation of costs, fails

to comply with a rule, practice direction or an order of the Court; or (b) it appears to the Court that the conduct of a party or his legal representative, before or during the

proceedings which gave rise to the summary assessment or taxation, was unreasonable or improper. (2) For the purpose of paragraph (1), the conduct of a party or his legal representative does not include any

conduct before the commencement of the action. (3) Where paragraph (1) applies, the Court may-

(a) by order disallow all or part of the costs being summarily assessed or taxed; or (b) order the party at fault or his legal representative, to pay costs that he has caused any other party to

incur. (4) Where-

(a) the Court makes an order under paragraph (3) against a legally represented party; and (b) the party is not present when the order is made,

the party's solicitor shall notify his client in writing of the order not later than 7 days after the solicitor receives notice of the order and shall inform the Court in writing that he has done so.

(5) In this rule, "client" (當事人) includes a person on whose behalf the solicitor acts and any other person who has instructed the solicitor to act or who is liable to pay the solicitor's costs.

(L.N. 152 of 2008)

REVIEW

33. Application to taxing master for review (O. 62, r. 33)

(1) Any party to any taxation proceedings who is dissatisfied with the allowance or disallowance in whole or in part of any item by a taxing master, or with the amount allowed by a taxing master in respect of any item- (L.N. 152 of 2008)

(a) may apply to the taxing master to review his decision in respect of that item; and (b) may not apply to a judge for an order to review the decision until after its review by the taxing master.

(L.N. 152 of 2008) (2) An application under this rule for review of a taxing master's decision may be made at any time within 14

days after the conclusion of the taxation in which that decision was made or such shorter period as may be fixed by the taxing master:

Provided that no application under this rule for review of a decision in respect of any item may be made after the signing of the taxing master's final certificate dealing with that item. (L.N. 152 of 2008)

(3A)If an applicant fails to comply with paragraph (3), the taxing master may dismiss the application. (L.N. 152 of 2008)

(3) Every applicant for review under this rule must at the time of making his application deliver to the taxing master objections in writing specifying by a list the items or parts of items the allowance or disallowance of which or the amount allowed in respect of which, is objected to and stating concisely the nature and grounds of the objection in each case, and must deliver a copy of the objections to each other party (if any) who attended on the taxation of those items or to whom the taxing master directs that a copy of the objections shall be delivered.

(4) Any party to whom a copy of the objections is delivered under this rule may, within 14 days after delivery of the copy to him or such shorter period as may be fixed by the taxing master, deliver to the taxing master answers in

Cap 4A - THE RULES OF THE HIGH COURT 196

writing to the objections stating concisely the grounds on which he will oppose the objections, and shall at the same time deliver a copy of the answers to the party applying for review and to each other party (if any) to whom a copy of the objections has been delivered or to whom the taxing master directs that a copy of the answers shall be delivered.

(5) An application under this rule for review of the taxing master's decision in respect of any item shall not prejudice the power of the taxing master under rule 17 to issue an interim certificate in respect of items his decision as to which is not objected to.

34. Review by taxing master (O. 62, r. 34)

(HK)(1) A review under rule 33 shall be carried out by the taxing master to whom the taxation was originally assigned.

(2) On reviewing any decision in respect of any item, a taxing master may receive further evidence and may exercise all the powers which he might exercise on an original taxation in respect of that item, including the power to award costs of and incidental to the proceedings before him; and any costs awarded by him to any party may be taxed by him and may be added to or deducted from any other sum payable to or by that party in respect of costs.

(3) On a hearing of a review under rule 33 a party to whom a copy of objections was delivered under paragraph (4) of that rule shall be entitled to be heard in respect of any item to which the objections relate notwithstanding that he did not deliver written answers to the objections under that paragraph.

(4) A taxing master who has reviewed a decision in respect of any item shall issue his certificate accordingly and, if requested to do so by any party to the proceedings before him, shall state in his certificate or otherwise in writing by reference to the objections to that decision the reasons for his decision on the review, and any special facts or circumstances relevant to it. A request under this paragraph must be made within 14 days after the review or such shorter period as may be fixed by the taxing master.

35. Review of taxing master's certificate by a judge (O. 62, r. 35)

(1) Any party who is dissatisfied with the decision of a taxing master to allow or to disallow any item in whole or in part on review under rule 34, or with the amount allowed in respect of any item by a taxing master on any such review, may apply to a judge for an order to review the taxation as to that item or part of an item if, but only if, one of the parties to the proceedings before the taxing master requested that officer in accordance with rule 34(4) to state the reasons for his decision in respect of that item or part on the review. (L.N. 152 of 2008)

(2) An application under this rule for review of a taxing master's decision in respect of any item may be made at any time within 14 days after the taxing master's certificate in respect of that item is signed, or such longer time as the taxing master at the time when he signs the certificate, or the Court at any time, may allow.

(3) An application under this rule shall be made by summons and shall, except where the judge thinks fit to adjourn into court, be heard in chambers.

(4) Unless the judge otherwise directs, no further evidence shall be received on the hearing of an application under this rule, and no ground of objection shall be raised which was not raised on the review by the taxing master but, save as aforesaid, on the hearing of any such application the judge may exercise all such powers and discretion as are vested in the taxing master in relation to the subject-matter of the application.

(5) If the judge thinks fit to exercise in relation to an application under this rule the power of the Court to appoint assessors under section 53 of the Ordinance, the judge shall appoint not less than 2 assessors, of whom one shall be a taxing master.

(6) On an application under this rule the judge may make such order as the circumstances require, and in particular may order the taxing master's certificate to be amended or, except where the dispute as to the item under review is as to amount only, order the item to be remitted to the same or another taxing master for taxation.

(7) In this rule "Judge" (法官) means a judge in person.

TRANSITIONAL (L.N. 152 of 2008)

36. Transitional provision relating to Part 16 of Amendment Rules 2008 (O. 62, r. 36)

Cap 4A - THE RULES OF THE HIGH COURT 197

Rules 8, 8A, 8B, 8C, 8D and 8E do not apply in relation to any costs incurred before the commencement of the Amendment Rules 2008, and rule 8 as in force immediately before the commencement continues to apply in relation to those costs as if Part 16 had not been made.

(L.N. 152 of 2008)

37. Transitional provisions relating to Part 23 of Amendment Rules 2008 (O. 62, r. 37)

(1) Where a party entitled to require any costs to be taxed has filed his bill of costs before the commencement* of the Amendment Rules 2008, nothing in Part 23 of the Amendment Rules 2008 applies in relation to the taxation, and Order 62 as in force immediately before the commencement applies in relation to the taxation as if it had not been amended by that Part.

(2) Where- (a) a party entitled to require any costs to be taxed files his bill of costs after the commencement of the

Amendment Rules 2008; but (b) any item of work to which the costs or charges specified in the First Schedule or Part III of the Second

Schedule of this Order relate was undertaken before the commencement, then the First Schedule or Part III of the Second Schedule of this Order as in force immediately before the commencement applies in relation to that item of work as if it had not been amended by Part 23 of the Amendment Rules 2008.

(3) Where- (a) a party entitled to require any costs to be taxed files his bill of costs after the commencement of the

Amendment Rules 2008; but (b) the writ of summons was issued before the commencement,

then Part I and Part II of the Second Schedule of this Order as in force immediately before the commencement applies in relation to the writ of summons issued before the commencement as if they had not been amended by Part 23 of the Amendment Rules 2008.

(4) No costs for work undertaken before the commencement of the Amendment Rules 2008 are to be disallowed if those costs would have been allowed under this Order as in force immediately before the commencement.

(L.N. 152 of 2008)

FIRST SCHEDULE [rule 32]

PART I

SCALE OF COSTS

Item Particulars Charges 1. Preparation of a bundle of copies of documents, including the costs of copying and

collating the documents and compiling (including indexing and pagination) the bundle, per page of whatever size (L.N. 152 of 2008)............... $4 per page in

respect of the first bundle, and $1 per page in respect of each subsequent bundle

1A. Copying of documents, per page of whatever size (L.N. 152 of 2008)........................ $1 2. Attendance suitable for unqualified staff, such as for filing of documents, delivery or

collection of pages and to make appointments, whether such attendance are made by qualified or unqualified persons, for each attendance (L.N. 152 of 2008) $110

3. Attendance for necessary search and inquires-such fee as the Registrar thinks proper

Cap 4A - THE RULES OF THE HIGH COURT 198

but not less than $50 for each attendance. (L.N. 152 of 2008) 4. Service of any documents-such fee as the Registrar thinks proper but not less than $50

in each case. 5. The Registrar may allow such fee as he thinks proper in respect of every other matter

or thing not hereinbefore specially mentioned. Note to item 5: This item is intended to cover- (a) the doing of any work not otherwise provided for and which was properly done in

preparing for a trial, hearing or appeal, or before a settlement of the matters in dispute, including- (i) The client: taking instructions to sue, defend, counter-claim, appeal or oppose etc.; attending upon and corresponding with client; (ii) Witnesses: interviewing and corresponding with witnesses and potential witnesses, taking and preparing proofs of evidence and, where appropriate, arranging attendance at Court, including issue of subpoena; (iii) Expert evidence: obtaining and considering reports or advice from experts and plans, photographs and models; where appropriate arranging their attendance at Court, including issue of subpoena; (iv) Inspections: inspecting any property or place material to the proceedings; (v) Searches and Inquiries: making searches in Government Registries and elsewhere for relevant documents; (vi) Special damages: obtaining details of special damages and making or obtaining any relevant calculations; (vii) Other parties: attending upon and corresponding with other parties or their solicitors; (viii) Discovery: perusing, considering or collating documents for affidavit or list of documents; attending to inspect or produce for inspection any documents required to be produced or inspected by order of the Court or by virtue of Order 24; (ix) Documents: drafting, perusing, considering and collating any relevant documents (including pleadings, affidavits, cases and instructions to and advice from counsel, orders and judgments) and any law involved; (x) Negotiations: work done in connection with negotiations with a view to settlement; (xi) Attendances: attendances at Court (whether in Court or chambers) for the hearing of any summons or other application, on examination of any witness, on the trial or hearing of a cause or matter, on any appeal and on delivery of any judgment; attendances on counsel in conference, and any other necessary attendances; (xii) Interest: where relevant the calculation of interest on damages; and (xiii) Notices: preparation and service of miscellaneous notices, including notices to witnesses to attend court; and

(b) the general care and conduct of the proceedings.

PART II

GENERAL

Discretionary costs

1. (1) (Repealed L.N. 152 of 2008) (2) In exercising his discretion under this paragraph or under rule 32(2) in relation to any item, the taxing

master shall have regard to all relevant circumstances, and in particular to- (a) the complexity of the item or of the cause or matter in which it arises and the difficulty or novelty of

the questions involved;

Cap 4A - THE RULES OF THE HIGH COURT 199

(b) the skill, specialized knowledge and responsibility required of, and the time and labour expended by, the solicitor or counsel;

(c) the number and importance of the documents (however brief) prepared or perused; (d) the place and circumstances in which the business involved is transacted; (e) the importance of the cause or matter to the client; (f) where money or property is involved, its amount or value; (g) any other fees and allowances payable to the solicitor or counsel in respect of other items in the same

cause or matter, but only where work done in relation to those items has reduced the work which would otherwise have been necessary in relation to the item in question.

Fees to counsel

2. (1) Except in the case of taxation under the Legal Aid Ordinance (Cap 91) and taxations of fees payable by the Crown, no fee to counsel shall be allowed unless-

(a) before taxation its amount has been agreed by the solicitor instructing counsel; and (b) before the taxing master issues his certificate a receipt for the fees signed by counsel is produced to

him. (2) No retaining fee to counsel shall be allowed on any taxation of costs in relation to which rule 28(2) has

effect. (3) No costs shall be allowed in respect of counsel appearing before a master in chambers, or of more counsel

than one appearing before a master in open court or a judge or the Court of Appeal, unless the master or judge or the Court of Appeal, as the case may be, has certified the attendance as being proper in the circumstances of the case. (L.N. 152 of 2008)

(4) A refresher fee, the amount of which shall be in the discretion of the taxing master, shall be allowed to counsel, either for each period of five hours (or part thereof), after the first, during which a trial or hearing is proceeding or, at the discretion of the taxing master, in respect of any day, after the first day, on which the attendance of counsel at the place of trial is necessary.

(5) The amount of fees to be allowed to counsel is in the discretion of the taxing master who shall, in exercising his discretion, have regard to all relevant circumstances and in particular to the matters set out in paragraph 1(2). (L.N. 152 of 2008)

Items to be authorized, certified etc.

4. (1) In an action arising out of an accident on land due to a collision or apprehended collision, the costs of preparing a plan (other than a sketch plan) of the place where the accident happened shall not be allowed unless-

(a) before the trial the Court authorized the preparation of the plan, or (b) notwithstanding the absence of an authorization under sub-paragraph (a) the taxing officer is satisfied

that it was reasonable to prepare the plan for use at the trial. (2) The costs of calling an expert witness with regard to any question as to which a court expert is appointed

under Order 40 (or a scientific adviser is appointed under Order 103 rule 27) shall not be allowed on a taxation of costs in relation to which rule 28(2) or (3) has effect unless the Court at the trial has certified that the calling of the witness was reasonable.

(3) If any action or claim for a declaration under section 8(1) of the Registration of Patents Ordinance (Cap 42) proceeds to trial, no costs shall be allowed to the parties delivering any particulars of breaches or particulars of objection in respect of any issues raised in those particulars and relating to that patent except in so far as those issues or particulars have been certified by the Court to have been proven or to have been reasonable and proper.

Attendances in Chambers-equity jurisdiction

5. (1) The following provisions of this paragraph apply in relation to every hearing in chambers in the equity jurisdiction of the Court.

(3) Where on any such hearing as aforesaid the Court certifies that the speedy and satisfactory disposal of the proceedings required and received from the solicitor engaged in them exceptional skill and labour in the preparation for the hearing, the taxing master in taxing the costs to be allowed for instructions in relation to the summons or application shall take the certificate into account.

Cap 4A - THE RULES OF THE HIGH COURT 200

Copies of documents

7. (1) There shall be allowed for printing copies of any document the amount properly paid to the printer; and where any part of a document is properly printed in a foreign language or as a facsimile or in any unusual or special manner, or where any alteration becomes necessary after the first proof of the document, there shall be allowed such an amount as the taxing master thinks reasonable, such amount to include any attendances on the printer.

(2) The solicitor for a party entitled to take printed copies of any documents shall be allowed the amount he pays for such number of copies as he necessarily or properly takes.

(3) The allowance for printed copies of documents under item 1 of Part I of this Schedule shall be made in addition to the allowances under the foregoing provisions of this paragraph and shall, subject to sub-paragraph (4), be made for such printed copies as may be necessary or proper-

(a) of any pleading, for service on the opposite party; (b) of any special case, for filing; (c) of any pleading or special case, for the use of the Court; (d) of any affidavit, for attestation in print; (e) of any pleading, special case or evidence for the use of counsel in court; or (f) of any other document necessarily and properly copied and not otherwise provided for.

(4) The allowance under item 1 of Part I shall not be made in relation to printed copies of documents for the use of the Court or of counsel where written copies have been made before printing, and shall not be made more than once in the same cause or matter.

SECOND SCHEDULE [rule 32]

PART I

COSTS ON JUDGMENT WITHOUT TRIAL FOR A LIQUIDATED SUM OR UNDER ORDER 13A

(L.N. 152 of 2008)

1. The scale of costs set out in Part II of this Schedule (which includes the scale prescribed pursuant to section 72 of the District Court Ordinance (Cap 336) shall apply in relation to the following cases if the writ of summons therein was issued after the commencement* of the Amendment Rules 2008, and was indorsed with a claim for a debt or liquidated demand only, that is to say- (L.N. 152 of 2008)

(a) cases in which the defendant pays the amount claimed within the time and in the manner required by the indorsement of the writ;

(b) cases in which the plaintiff obtains judgment on failure to give notice of intention to defend under Order 13, rule 1, or judgment in default of defence under Order 19, rule 2. (L.N. 152 of 2008)

1A. The scale of costs set out in Part II of this Schedule applies in relation to cases in which the plaintiff obtains judgment under Order 13A without a hearing. (L.N. 152 of 2008)

2. Notwithstanding anything in paragraph 1 or 1A of this Schedule or in the said scale, no costs shall be allowed in any case to which the said paragraph 1 or 1A applies unless- (L.N. 152 of 2008)

(a) the Court orders costs to be allowed; or (b) in a case to which sub-paragraph (b) of paragraph 1 applies, judgment or an order for judgment, as the

case may be, is obtained within 28 days after the service of the writ or within such further time as the Court may allow.

3. In every case to which the said scale applies there shall be added to the basic costs set out in the said scale the fee which would have been payable on the issue of a writ for the amount recovered.

PART II

Cap 4A - THE RULES OF THE HIGH COURT 201

_______________________________________________________________________________

SCALE OF COSTS

Item Scale $

Basic Costs To be allowed in cases under-

sub-paragraph (a) of paragraph 1 9000 if the plaintiff is legally represented and 500 if the plaintiff is not legally represented

sub-paragraph (b) of paragraph 1 10000 if the plaintiff is legally represented and 600 if the plaintiff is not legally represented

paragraph 1A 10000 if the plaintiff is legally represented and 600 if the plaintiff is not legally represented

Additional Costs 1. For each additional defendant after the first 500 2. Where substituted service is ordered and effected, for each defendant served 1000 3-7. (Repealed L.N. 152 of 2008)

(L.N. 152 of 2008)

PART III

MISCELLANEOUS

Item Scale $

1. Where a plaintiff or defendant signs judgment for costs under rule 10, there shall be allowed- (L.N. 152 of 2008)

cost of the judgment 1000 2. Where upon the application of any person who has obtained a judgment or order

against a debtor for the recovery or payment of money a garnishee order is made under Order 49 against a garnishee attaching debts owing or accruing from him to the debtor, the following costs shall be allowed-

(a) to the garnishee, to be deducted by him from any debt owing by him as aforesaid before payments to the applicant- (i) if no affidavit used 100 (ii) if affidavit used 300

(b) (Repealed L.N. 152 of 2008)

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

4. Where a writ of execution within the meaning of Order 46, rule 1 is issued against any party, there shall be allowed-

cost of issuing execution 600 (L.N. 152 of 2008)

(Enacted 1988)

Note: # Please also see following-

(a) in relation to the Merchant Shipping Act 1894, Part 3 of Schedule 5 to Cap 415 and s. 1 of Schedule 2

Cap 4A - THE RULES OF THE HIGH COURT 202

to Cap 508; (b) in relation to the Merchant Shipping Acts 1894 to 1979, s. 117 of Cap 281, s. 103 of Cap 415 and s. 142

of Cap 478.

* Commencement day: 2 April 2009.

Order: 62A COSTS OFFER AND PAYMENTS INTO COURT L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

I. PRELIMINARY

1. Interpretation and application (O. 62A, r. 1)

(1) In this Order- "costs offer" (訟費提議) means an offer to settle-

(a) a party's entitlement to costs that are the subject of a taxation; and (b) the costs of the taxation;

"offeree" (受提議者) means the party to whom a costs offer is made; "offeror" (提議者) means the party who makes a costs offer; "paying party" (支付方) means the party liable to pay costs; "receiving party" (收取方), in relation to a paying party, means the party who is entitled to payment of costs from that

paying party; "relevant date" (有關日期), in relation to a taxation, means-

(a) the date on which the bill of costs is taxed under Order 62, rule 21B(1); or (b) the date set down under Order 62, rule 21C(1) for hearing the taxation;

"sanctioned offer" (附帶條款和解提議) means a costs 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 a costs 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) This Order does not apply to or in relation to a party who is or has been an aided person in the relevant

proceedings.

2. Offer to settle with specified consequences (O. 62A, r. 2)

(1) Any party to a taxation may make a costs offer in accordance with this Order. (2) An offer made under paragraph (1) has the consequences specified in rules 18, 19 and 20 (as may be

applicable). (3) Nothing in this Order prevents a party from making a costs offer in whatever way he chooses, but if that

costs 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. Paying party's costs offer requires sanctioned payment (O. 62A, r. 3)

Cap 4A - THE RULES OF THE HIGH COURT 203

(1) A costs offer by a paying party does not have the consequences specified in this Order unless it is made by way of a sanctioned payment.

(2) A sanctioned payment may be made at any time before the relevant date.

4. Receiving party's costs offer requires sanctioned offer (O. 62A, r. 4)

A costs offer by a receiving party 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. 62A, r. 5)

(1) A sanctioned offer must be in writing. (2) A sanctioned offer may relate to the whole or part of the costs. (3) A sanctioned offer must state whether it relates to the whole or part of the costs, and if it relates to part of

the costs, to which part does it relate. (4) A sanctioned offer may be made at any time before the relevant date. (5) A sanctioned offer must provide that after the expiry of 14 days from the date the sanctioned offer is made,

the offeree may only accept it if- (a) the parties agree on the liability for and quantum of costs of taxation incurred after the period; or (b) the Court grants leave to accept it.

6. Service of sanctioned offer (O. 62A, r. 6)

A receiving party who makes a sanctioned offer shall serve the sanctioned offer on the paying party.

7. Withdrawal or diminution of sanctioned offer (O. 62A, r. 7)

(1) A sanctioned offer may not be withdrawn or diminished before the expiry of 14 days from the date the sanctioned offer 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 offer, the sanctioned offer 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 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.

(4) If a sanctioned offer is withdrawn, it does not have the consequences specified in this Order.

8. Notice of sanctioned payment (O. 62A, r. 8)

(1) A sanctioned payment may relate to the whole or part of the costs. (2) A paying party who makes a sanctioned payment shall file with the Court a notice in Form No. 93 in

Appendix A, that- (a) states the amount of the payment; (b) states whether the payment relates to the whole or part of the costs, and if it relates to part of the costs,

to which part it relates; (c) if an interim payment of costs has been made, states that the paying party has taken into account the

interim payment; (d) if it is expressed not to be inclusive of interest, states-

(i) whether interest is offered; and (ii) if so, the amount offered, the rate or rates offered and the period or periods for which it is

Cap 4A - THE RULES OF THE HIGH COURT 204

offered; and (e) if a sum of money has been paid into court as security for the costs of the action, cause or matter, states

whether the sanctioned payment has taken into account that sum of money.

9. Service of sanctioned payment (O. 62A, r. 9)

A paying party who makes a sanctioned payment shall- (a) serve the sanctioned payment notice on the receiving party; and (b) file with the Court a certificate of service of the notice.

10. Withdrawal or diminution of sanctioned payment (O. 62A, r. 10)

(1) A sanctioned payment may not be withdrawn or diminished before the expiry of 14 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.

(4) If a sanctioned payment is withdrawn, it does not have the consequences specified in this Order.

11. Time when sanctioned offer or sanctioned payment is made and accepted (O. 62A, r. 11)

offeror.

12. Clarification of sanctioned offer or sanctioned payment notice (O. 62A, r. 12)

(1) The offeree may, within 7 days of a sanctioned offer or 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, before the relevant date, 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.

III. ACCEPTANCE OF SANCTIONED OFFER OR SANCTIONED PAYMENT

13. Time for acceptance of paying party's sanctioned payment (O. 62A, r. 13)

(1) Subject to rule 10(2) and paragraph (2), a receiving party may accept a sanctioned payment at any time before the relevant date without requiring the leave of the Court if he files with the Court and serves on the paying

Cap 4A - THE RULES OF THE HIGH COURT 205

party a written notice of acceptance not later than 14 days after the payment was made. (2) If the receiving party does not accept a paying party's sanctioned payment within the 14-day period

specified in paragraph (1), then the receiving party may- (a) if the parties agree on the liability for and quantum of costs of taxation incurred after the expiry of the

period, accept the payment without the leave of the Court; and (b) if the parties do not agree on the liability for and quantum of costs of taxation incurred after the expiry

of the period, only accept the 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. 93A in Appendix A.

14. Time for acceptance of receiving party's sanctioned offer (O. 62A, r. 14)

(1) Subject to rule 7(2) and paragraph (2), a paying party may accept a sanctioned offer at any time before the relevant date without requiring the leave of the Court if he files with the Court and serves on the receiving party a written notice of acceptance not later than 14 days after the offer was made.

(2) If the paying party does not accept a receiving party's sanctioned offer within the 14-day period specified in paragraph (1), then the paying party may-

(a) if the parties agree on the liability for and quantum of costs of taxation incurred after the expiry of the period, accept the offer without the leave of the Court; and

(b) if the parties do not agree on the liability for and quantum of costs of taxation incurred after the expiry of the period, 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.

15. Payment out of a sum in court on acceptance of sanctioned payment (O. 62A, r. 15)

Subject to rule 16(4), where a sanctioned payment is accepted, the receiving party may obtain payment out of the sum in court by making a request for payment in Form No. 93B in Appendix A.

16. Acceptance of sanctioned payment made by one or more, but not all, paying parties (O. 62A, r. 16)

(1) This rule applies where the receiving party wishes to accept a sanctioned payment made by one or more, but not all, of a number of paying parties.

(2) If the paying parties are jointly and severally liable to pay costs, the receiving party may accept the payment in accordance with rule 13 if-

(a) he discontinues the proceedings for taxation against those paying parties who have not made the payment; and

(b) those paying parties give written consent to the acceptance of the payment. (3) If the paying parties are not jointly, but severally liable to pay costs, the receiving party may-

(a) accept the payment in accordance with rule 13; and (b) continue with his proceedings for taxation against the other paying parties.

(4) In all other cases the receiving party 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 relating to the taxation as the Court considers appropriate.

17. Cases where court order is required to enable acceptance of sanctioned offer or sanctioned payment

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(O. 62A, r. 17)

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) no payment out of any sum in court may be made without a court order.

IV. CONSEQUENCES OF SANCTIONED OFFER OR SANCTIONED PAYMENT

18. Consequences of acceptance of sanctioned offer or sanctioned payment (O. 62A, r. 18)

(1) If a sanctioned offer or a sanctioned payment relates to the whole costs and is accepted, the taxation is stayed.

(2) In the case of acceptance of a sanctioned offer which relates to the whole costs- (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 to part only of the costs is accepted, the taxation is stayed as to that part.

(4) If the approval of the Court is required before a settlement as to costs 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 taxation; 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 orders otherwise.

19. Costs consequences where receiving party fails to better sanctioned payment (O. 62A, r. 19)

(1) This rule applies where upon taxation a receiving party fails to better a sanctioned payment. (2) The taxing master may by order disallow all or part of any interest otherwise payable under section 49 of

the Ordinance on the whole or part of the amount of the costs awarded to the receiving party for some or all of the period after the latest date on which the payment could have been accepted without requiring the leave of the Court.

(3) The taxing master may also- (a) order the receiving party to pay the costs of the taxation on the indemnity basis after the date on which

the payment was made; and (b) order that the paying party is entitled to interest on those costs at a rate not exceeding 10% above

judgment rate. (4) Where this rule applies, the taxing master shall make the orders referred to in paragraphs (2) and (3) unless

he 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

taxing master shall take into account all the circumstances of the case including- (a) the terms of the sanctioned payment; (b) the stage in the proceedings at which the sanctioned payment was made;

Cap 4A - THE RULES OF THE HIGH COURT 207

(c) the information available to the parties at the time when the sanctioned payment 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 to be made or evaluated. (6) The power of the taxing master under this rule is in addition to any other power he may have to award or

disallow interest.

20. Costs and other consequences where receiving party does better than he proposed in his sanctioned offer (O. 62A, r. 20)

(1) This rule applies where upon taxation a paying party is held liable for more than the proposals contained in a receiving party's sanctioned offer.

(2) The taxing master may order interest on the whole or part of the amount of the costs allowed to the receiving party at a rate not exceeding 10% above judgment rate for some or all of the period after the date on which the sanctioned offer was served on the paying party.

(3) The taxing master may also order that the receiving party is entitled to- (a) his costs on the indemnity basis after the date on which the sanctioned offer was served on the paying

party; and (b) interest on those costs at a rate not exceeding 10% above judgment rate.

(4) Where this rule applies, the taxing master shall make the orders referred to in paragraphs (2) and (3) unless he 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 taxing master shall take into account all the circumstances of the case including-

(a) the terms of the sanctioned offer; (b) the stage in the proceedings at which the 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 taxing master under this rule is in addition to any other power he may have to award

interest.

V. MISCELLANEOUS

21. Restriction on disclosure of sanctioned offer or sanctioned payment (O. 62A, r. 21)

(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 taxing master until the

amount of the costs to be allowed have been decided. (3) Paragraph (2) does not apply-

(a) where the taxation has been stayed under rule 18 following acceptance of a sanctioned payment; and (b) where 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.

22. Interest (O. 62A, r. 22)

(1) Unless- (a) a receiving party's sanctioned offer; 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 receiving party's sanctioned offer or a sanctioned payment notice is expressed not to be inclusive of interest, the offer or notice must state-

Cap 4A - THE RULES OF THE HIGH COURT 208

(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.

(L.N. 152 of 2008)

Order: 63 THE REGISTRY 25 of 1998 01/07/1997

Remarks: Adaptation amendments retroactively made - see 25 of 1998 s. 2

GENERAL AND ADMINISTRATIVE PROVISIONS

2. Practice master (O. 63, r. 2)

Subject to the direction of the Registrar one of the masters shall be present at the Registry on every day on which the Registry is open for the purpose of superintending the business performed there and giving any directions which may be required on questions of practice and procedure.

3. Date of filing to be marked, etc. (O. 63, r. 3)

(1) Any document filed in the Registry in any proceedings must be marked showing the date on which the document was filed.

(2) Particulars of the time of delivery at the Registry of any document for filing, the date of the document and the title of the cause or matter of which the document forms part of the record shall be entered in books kept in the Registry for the purpose.

(HK)3A. Filing of documents in the Registry (O. 63, r. 3A)

(1) Subject to paragraph (2) and to Order 12, rule 1(3), any document to be filed in court in accordance with these rules or by order of the Court shall be filed by delivering such document to the Registry by hand.

(2) When any document is to be filed by a litigant in person, not being a director representing a body corporate by leave of the Court given pursuant to Order 5, rule 6(3) or Order 12, rule 1(2A), such document may be filed by sending it by post to the Registry, and the date of filing thereof shall be the date the document is received by the Registry.

(L.N. 127 of 1995)

4. Right to inspect, etc. certain documents filed in the Registry (O. 63, r. 4)

(1) Any person shall, on payment of the prescribed fee, be entitled during such hours as the Registrar may direct to search for, inspect and obtain a copy of any of the following documents filed in the Registry, namely-

(a) the copy of any writ of summons or other originating process, (b) any judgment or order given or made in court or the copy of any such judgment or order, and (c) with the leave of the Court, which may be granted on an application made ex parte, any other

document. (2) Nothing in the foregoing provisions shall be taken as preventing any party to a cause or matter searching

for, inspecting and obtaining a copy of any affidavit or other document filed in the Registry in that cause or matter or filed therein before the commencement of that cause or matter but made with a view to its commencement.

5. Deposit of documents (O. 63, r. 5)

Where the Court orders any documents to be lodged in court, they must, unless otherwise directed, be deposited in the Registry.

8. Inspection, etc. of powers of attorney (O. 63, r. 8)

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(1) An index shall be kept in the Registry of all powers of attorney which have been deposited in the Registry prior to 1 October 1972.

(2) Any person shall, on payment of the prescribed fee, be entitled to- (a) search the index; (b) inspect any power of attorney and any document which has been deposited together with the power of

attorney; and (c) office copies of the power of attorney and any document relating thereto,

and a copy of such power of attorney and document may be presented at the Registry to be marked as office copies. (3) Any person shall, on payment of the prescribed fee, be entitled to-

(a) search the register of enduring powers of attorney kept under section 9(4) of the Enduring Powers of Attorney Ordinance (Cap 501);

(b) inspect any enduring power of attorney lodged under section 9(3) of that Ordinance; and (c) office copies of the enduring power of attorney,

and a copy of such enduring power of attorney may be presented at the Registry to be marked as an office copy. (L.N. 284 of 1997)

9. Restriction on removal of documents (O. 63, r. 9)

No document filed in or in the custody of the Registry of the High Court shall be taken out of that Registry without the leave of the Court.

(25 of 1998 s. 2)

10. Enrolment of instruments (O. 63, r. 10)

Any deed which by virtue of any written law is required or authorized to be enrolled in the High Court may be enrolled in the Registry.

In this rule "deed" (契據) includes assurances and other instruments. (25 of 1998 s. 2)

(Enacted 1988)

Order: 64 SITTINGS, VACATIONS AND OFFICE HOURS L.N. 92 of 2012 13/07/2012

1. Sittings of the Supreme Court (O. 64, r. 1)

(1) The sittings of the Court of Appeal and of the Court of First Instance shall be three in every year, that is to say- (25 of 1998 s. 2)

(a) the Winter sittings which shall begin on 4 January and end on the Thursday before Easter Sunday; (b) the Spring sittings which shall begin on the second Monday after Easter Sunday and end on 31 July; (c) the Autumn sittings which shall begin on 1 September and end on 23 December. (L.N. 404 of 1991)

2. Court of Appeal (O. 64, r. 2)

(1) The Court of Appeal shall sit in vacation on such days as the Chief Justice may, from time to time direct to hear such appeals or applications as require to be immediately or promptly heard and to hear other appeals and applications if the Chief Justice determines that sittings are necessary for that purpose.

(2) Any party to an appeal may at any time apply to the Court of Appeal for an order that the appeal be heard in vacation and, if that Court is satisfied that the appeal requires to be immediately or promptly heard, it may make an order accordingly and fix a date for the hearing.

(3) The Court of Appeal may hear such other appeals in vacation as that Court may direct. (4) The provisions of O. 59, r. 10(9) shall apply to the powers conferred on the Court of Appeal by this rule.

3. Court of First Instance (O. 64, r. 3)

(1) One or more judges of the Court of First Instance shall sit in vacation on such days as the Chief Justice

Cap 4A - THE RULES OF THE HIGH COURT 210

may, from time to time direct, to hear such causes, matters or applications as require to be immediately or promptly heard and to hear other causes, matters or applications if the Chief Justice determines that sittings are necessary for that purpose.

(2) Any party to a cause or matter may at any time apply to the Court for an order that such cause or matter be heard in vacation and, if the Court is satisfied that the cause or matter requires to be immediately or promptly heard, it may make an order accordingly and fix a date for the hearing.

(3) Any judge of the Court of First Instance may hear such other causes or matters in vacation as the Court may direct.

(25 of 1998 s. 2)

3A. Business in vacation (O. 64, r. 3A)

(HK)(1) Upon application by any party to an action or matter, the Court may, if it thinks fit- (a) complete such action or matter in vacation if it is partheard; and (b) deliver judgment in such action or matter in vacation.

7. High Court Offices: days on which open and office hours (O. 64, r. 7)

(1) The offices of the High Court shall be open on every day of the year except- (a) Saturdays from 1 p.m., (b) Sundays, (c)-(ca) (Repealed L.N. 92 of 2012) (e) general holidays under the General Holidays Ordinance (Cap 149), (35 of 1998 s. 5) (f) such other days as the Chief Justice may direct.

(2) The hours during which any office of the High Court shall be open to the public shall be such as the Chief Justice may from time to time direct.

(25 of 1998 s. 2) (Enacted 1988)

Order: 65 SERVICE OF DOCUMENTS L.N. 362 of 1997; 25 of 1998

01/07/1997

Remarks: Adaptation amendments retroactively made - see 25 of 1998 s. 2

1. When personal service required (O. 65, r. 1)

(1) Any document which by virtue of these rules is required to be served on any person need not be served personally unless the document is one which by an express provision of these rules or by order of the Court is required to be so served.

(2) Paragraph (1) shall not affect the power of the Court under any provision of these rules to dispense with the requirement for personal service.

2. Personal service: how effected (O. 65, r. 2)

Personal service of a document is effected by leaving a copy of the document with the person to be served.

3. Personal service on body corporate (O. 65, r. 3)

(1) Personal service of a document on a body corporate may, in cases for which provision is not otherwise made by any written law, be effected by serving it in accordance with rule 2 on the chairman or president of the body, or the clerk, secretary, treasurer or other similar officer thereof.

(2) Where a writ is served on a body corporate in accordance with Order 10, rule 1(2), that rule shall have effect as if for the reference to the usual or last known address of the defendant there were substituted a reference to

Cap 4A - THE RULES OF THE HIGH COURT 211

the registered or principal office of the body corporate and as if for the reference to the knowledge of the defendant there were substituted a reference to the knowledge of a person mentioned in paragraph (1).

4. Substituted service (O. 65, r. 4)

(1) If, in the case of any document which by virtue of any provision of these rules is required to be served personally or in the case of a document to which Order 10, rule 1, applies, it appears to the Court that it is impracticable for any reason to serve that document in the manner prescribed on that person, the Court may make an order for substituted service of that document.

(2) An application for an order for substituted service may be made by an affidavit stating the facts on which the application is founded.

(3) Substituted service of a document, in relation to which an order is made under this rule, is effected by taking such steps as the Court may direct to bring the document to the notice of the person to be served.

5. Ordinary service: how effected (O. 65, r. 5)

(1) Service of any document, not being a document which by virtue of any provision of these rules is required to be served personally or a document to which Order 10, rule 1, applies, may be effected-

(a) by leaving the document at the proper address of the person to be served, or (b) by post, or (c) where the proper address for service includes a numbered box at a document exchange, by leaving the

document at that document exchange or at a document exchange which transmits documents every business day to that document exchange, or

(d) in such other manner as the court may direct. In these rules "document exchange" (文件轉遞處) means any document exchange, or exchanges under the

control of the same operator, for the time being approved by the Chief Justice. (L.N. 223 of 1995) (2) For the purposes of this rule, and of section 8 of the Interpretation and General Clauses Ordinance (Cap 1),

in its application to this rule, the proper address of any person on whom a document is to be served in accordance with this rule shall be the address for service of that person, but if at the time when service is effected that person has no address for service his proper address for the purposes aforesaid shall be-

(a) in any case, the business address of the solicitor (if any) who is acting for him in the proceedings in connection with which service of the document in question is to be effected, or

(b) in the case of an individual, his usual or last known address, or (c) in the case of individuals who are suing or being sued in the name of a firm, the principal or last

known place of business of the firm within the jurisdiction, or (d) in the case of a body corporate, the registered or principal office of the body.

(2A)Any such document which is left at a document exchange in accordance with paragraph (1)(c) shall, unless the contrary is proved, be deemed to have been served on the business day following the day on which it is left.

(3) Nothing in this rule shall be taken as prohibiting the personal service of any document or as affecting any enactment which provides for the manner in which documents may be served on bodies corporate.

(4) In this rule "business day" (工作天) means a day other than a general holiday.

6. Service on Secretary for Justice in proceedings which are not by or against the Crown (O. 65, r. 6)

Where for the purpose of or in connection with any proceedings in the High Court, not being civil proceedings by or against the Crown within the meaning of Part III of the Crown Proceedings Ordinance (Cap 300), any document is required by any written law or these rules to be served on the Secretary for Justice, section 14 of the said Ordinance and Order 77, rule 4, shall apply in relation to the service of the document as they apply in relation to the service of documents required to be served on the Crown for the purpose of or in connection with any civil proceedings by or against the Crown.

(L.N. 362 of 1997; 25 of 1998 s. 2)

7. Effect of service after certain hours (O. 65, r. 7)

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Any document (other than a writ of summons or other originating process) service of which is effected under rule 2 or under rule 5(1)(a) between 1 p.m. on a Saturday and midnight on the following day or after four in the afternoon on any other weekday shall, for the purpose of computing any period of time after service of that document, be deemed to have been served on the Monday following that Saturday or on the day following that other weekday, as the case may be.

8. Affidavit of service (O. 65, r. 8)

Except as provided in Order 10, rule 1(3)(b) and Order 81, rule 3(2)(b), an affidavit of service of any document must state by whom the document was served, the day of the week and date on which it was served, where it was served and how.

9. No service required in certain cases (O. 65, r. 9)

Where by virtue of these rules any document is required to be served on any person but it is not required to be served personally or in accordance with Order 10, rule 1(2), and at the time when service is to be effected that person is in default as to acknowledgment of service or has no address for service, the document need not be served on that person unless the Court otherwise directs or any of these rules otherwise provides.

10. Service of process on Sunday (O. 65, r. 10)

(1) No process shall be served or executed within the jurisdiction on a Sunday, except, in case of urgency, with the leave of the Court.

(2) For the purposes of this rule "process" (法律程序文件) includes a writ, judgment, notice, order, petition, originating or other summons or warrant.

(Enacted 1988)

Order: 66 PAPER, PRINTING, NOTICES AND COPIES 25 of 1998 01/07/1997

Remarks: Adaptation amendments retroactively made - see 25 of 1998 s. 2

1. Quality of paper (O. 66, r. 1)

Unless the nature of the document renders it impracticable, every document prepared by a party for use in the Court must be on paper of durable quality, having a margin not less than 35 mm wide, to be left blank on the left side of the face of the paper and on the right side of the reverse.

2. Regulations as to printing, etc. (O. 66, r. 2)

(1) Except where these rules otherwise provide, every document prepared by a party for use in the High Court must be produced by one of the following means, that is to say, printing, writing (which must be clear and legible) and typewriting otherwise than by means of a carbon, and may be produced partly by one of those means and partly by another or others of them. (25 of 1998 s. 2)

(2) For the purposes of these rules a document shall be deemed to be printed if it is produced by type lithography or stencil duplicating.

(3) Any type used in producing a document for use as aforesaid must be such as to give a clear and legible impression and must be not smaller than 11 point type for printing or elite type for type lithography, stencil duplicating or typewriting.

(4) Any document produced by a photographic or similar process giving a positive and permanent representation free from blemishes shall, to the extent that it contains a facsimile of any printed, written or typewritten matter, be treated for the purposes of these rules as if it were printed, written or typewritten, as the case may be.

(5) Any notice required by these rules may not be given orally except with the leave of the Court.

Cap 4A - THE RULES OF THE HIGH COURT 213

3. Copies of documents for other party (O. 66, r. 3)

(1) Where a document prepared by a party for use in the High Court is printed the party by whom it was prepared must, on receiving a written request from any other party entitled to a copy of that document and on payment of the proper charges, supply him with such number of copies thereof, not exceeding ten, as may be specified in the request.

(2) Where a document prepared by a party for use in the High Court is written or typewritten, the party by whom it was prepared must supply any other party entitled to a copy of it, not being a party on whom it has been served, with one copy of it and, where the document in question is an affidavit, of any document exhibited to it.

The copy must be ready for delivery within 48 hours after a written request for it, together with an undertaking to pay the proper charges, is received and must be supplied thereafter on payment of those charges.

(25 of 1998 s. 2)

4. Requirements as to copies (O. 66, r. 4)

(2) Before a copy of a document is supplied to a party under these rules, it must be indorsed with the name and address of the party or solicitor by whom it was supplied.

(3) The party by whom a copy is supplied under rule 3, or, if he sues or appears by a solicitor, his solicitor, shall be answerable for the copy being a true copy of the original or of an office copy, as the case may be.

(Enacted 1988)

Order: 67 CHANGE OF SOLICITOR L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

1. Notice of change of solicitor (O. 67, r. 1)

(1) A party to any cause or matter who sues or defends by a solicitor may change his solicitor without an order for that purpose but, unless and until notice of the change is filed and copies of the notice are lodged and served in accordance with this rule, the former solicitor shall, subject to rules 5 and 6, be considered the solicitor of the party until the final conclusion of the cause or matter, whether in the Court of First Instance or the Court of Appeal. (25 of 1998 s. 2)

(2) Notice of a change of solicitor must be filed, and a copy thereof lodged in the Registry. (3) The party giving the notice must serve on every other party to the cause or matter (not being a party in

default as to acknowledgment of service) and on the former solicitor a copy of the notice indorsed with a memorandum stating that the notice has been duly filed in the Registry.

(4) The party giving the notice may perform the duties prescribed by this rule in person or by his new solicitor.

3. Notice of appointment of solicitor (O. 67, r. 3)

Where a party, after having sued or defended in person, appoints a solicitor to act in the cause or matter on his behalf, the change may be made without an order for that purpose and rule 1(2), (3) and (4) shall, with the necessary modifications, apply in relation to a notice of appointment of a solicitor as they apply in relation to a notice of change of solicitor.

4. Notice of intention to act in person (O. 67, r. 4)

Where a party, after having sued or defended by a solicitor, intends and is entitled to act in person, the change may be made without an order for that purpose and rule 1 shall, with the necessary modifications, apply in relation to a notice of intention to act in person as it applies in relation to a notice of change of solicitor except that the notice of intention to act in person must contain an address for service of the party giving it.

5. Removal of solicitor from record at instance of another party (O. 67, r. 5)

Cap 4A - THE RULES OF THE HIGH COURT 214

(1) Where- (a) a solicitor who has acted for a party in a cause or matter has died or become bankrupt or cannot be

found or has failed to take out a practising certificate or has been struck off the roll of solicitors or has been suspended from practising or has for any other reason ceased to practise, and

(b) the party has not given notice of change of solicitor or notice of intention to act in person in accordance with the foregoing provisions of this Order,

any other party to the cause or matter may apply to the Court, or if an appeal to the Court of Appeal is pending in the cause or matter, to the Court of Appeal, for an order declaring that the solicitor has ceased to be the solicitor acting for the first-mentioned party in the cause or matter, and the Court or Court of Appeal, as the case may be, may make an order accordingly.

(2) An application for an order under this rule must be made by summons and the summons must, unless the Court or Court of Appeal, as the case may be, otherwise directs, be served on the party to whose solicitor the application relates. (L.N. 152 of 2008)

The application must be supported by an affidavit stating the grounds of the application. (3) Where an order is made under this rule the party on whose application it was made must-

(a) serve on every other party to the cause or matter (not being a party in default as to acknowledgment of service) a copy of the order, and

(b) procure the order to be entered in the Registry, and (c) leave at the Registry a copy of the order and a certificate signed by him or his solicitor that the order

has been duly served as aforesaid. (4) An order made under this rule shall not affect the rights of the solicitor and the party for whom he acted as

between themselves.

6. Withdrawal of solicitor who has ceased to act for party (O. 67, r. 6)

(1) Where a solicitor who has acted for a party in a cause or matter has ceased so to act and the party has not given notice of change in accordance with rule 1, or notice of intention to act in person in accordance with rule 4, the solicitor may apply to the Court for an order declaring that the solicitor has ceased to be the solicitor acting for the party in the cause or matter, and the Court or Court of Appeal, as the case may be, may make an order accordingly, but, unless and until the solicitor-

(a) serves on every party to the cause or matter (not being a party in default as to acknowledgment of service) a copy of the order, and

(b) procures the order to be entered in the Registry, and (c) leaves at the Registry a copy of the order and a certificate signed by him that the order has been duly

served as aforesaid, he shall, subject to the foregoing provisions of this Order, be considered the solicitor of the party till the final conclusion of the cause or matter whether in the Court of First Instance or Court of Appeal. (25 of 1998 s. 2)

(2) An application for an order under this rule must be made by summons which must, unless the Court or the Court of Appeal, as the case may be, otherwise directs, be served on the party for whom the solicitor acted. The application must be supported by an affidavit stating the grounds of the application. (L.N. 363 of 1990)

(3) An order made under this rule shall not affect the rights of the solicitor and the party for whom he acted as between themselves.

(4) Notwithstanding anything in paragraph (1), where the certificate of an assisted person within the meaning of the Legal Aid Ordinance (Cap 91) is revoked or discharged, the solicitor who acted for the assisted person shall cease to be the solicitor acting in the cause or matter as soon as his retainer is determined under that Ordinance; and if the assisted person whose certificate has been revoked or discharged desires to proceed with the cause or matter without legal aid and appoints that solicitor or another solicitor to act on his behalf, the provisions of rule 3 shall apply as if that party had previously sued or defended in person.

(HK)6A. Leave required to inspect affidavits (O. 67, r. 6A)

(HK) Notwithstanding the provisions of Order 63, rule 4(2), the leave of the Court or the Court of Appeal, as the case may be, is required before inspection can be made, or any copy obtained, of any affidavit made or filed pursuant

Cap 4A - THE RULES OF THE HIGH COURT 215

to rule 6(2). (L.N. 167 of 1994)

7. Address for service of party whose solicitor is removed, etc. (O. 67, r. 7)

Where- (a) an order is made under rule 5, or (b) an order is made under rule 6, and the applicant for that order has complied with rule 6(1), or (c) the certificate of an assisted person within the meaning of the Legal Aid Ordinance (Cap 91) is

revoked or discharged, then, unless and until the party to whose solicitor or to whom, as the case may be, the order or certificate relates either appoints another solicitor and complies with rule 3 or, being entitled to act in person, gives notice of his intention so to do and complies with rule 4, his last known address or, where the party is a body corporate, its registered or principal office shall, for the purpose of the service on him of any document not required to be served personally, be deemed to be his address for service.

9. Order to apply to matrimonial causes and matters (O. 67, r. 9)

This Order shall have effect in relation to matrimonial causes and matters and, in its application to such a cause or matter, any reference in rules 4 and 7 to an address for service shall be construed as a reference to the address for service required by the rules in force by virtue of the provisions of section 10 or made under section 54 of the Matrimonial Causes Ordinance (Cap 179).

(Enacted 1988)

Order: 68 OFFICIAL SHORTHAND NOTE 25 of 1998 01/07/1997

Remarks: Adaptation amendments retroactively made - see 25 of 1998 s. 2

1. Official shorthand note of all evidence, etc. (O. 68, r. 1)

(1) In every action or other proceeding in the Court of First Instance which is tried or heard with witnesses, an official shorthand note shall, unless the judge otherwise directs, be taken of any evidence given orally in court and of any summing up by the judge and of any judgment delivered by him, and, if any party so requires the note so taken shall be transcribed and such number of transcripts as any party may demand shall be supplied to him at the charges authorized by any scheme in force providing for the taking of official shorthand notes of proceedings in the Court of First Instance. (25 of 1998 s. 2)

(2) Nothing in this rule shall be construed as prohibiting the supply of transcripts to persons not parties to the proceedings.

(3) The powers of the Court of Appeal under this Order may be exercised by a single judge of that Court or by the registrar of civil appeals.

2. Evidence when not to be transcribed (O. 68, r. 2)

(1) If the judge intimates that in the event of an appeal his note will be sufficient, the shorthand note of the evidence need not be transcribed for the purposes of an appeal.

(2) If the parties agree or the judge is of opinion that the evidence or some part of the evidence of any witness would, in the event of an appeal, be of no assistance to the Court of Appeal, the shorthand note of such evidence need not be transcribed for the purposes of an appeal.

(3) If any party requires a transcript of any such evidence as aforesaid the charge therefor shall be borne by that party in any event.

Cap 4A - THE RULES OF THE HIGH COURT 216

3. Payment for transcripts out of public funds: excepted proceedings (O. 68, r. 3)

Rules 4 and 5 shall not apply in relation to a transcript of a note taken in proceedings in connection with which legal aid might have been given under the Legal Aid Ordinance (Cap 91) whether or not such aid was given thereunder to any party to the proceedings.

4. Payment for transcripts for the Court of Appeal (O. 68, r. 4)

(1) An appellant shall not be required to pay for the transcript to which a certificate given under this rule relates but, except as aforesaid, any transcript required for the Court of Appeal shall be paid for by the appellant in the first instance.

(2) Where the judge by whom any such proceeding as is referred to in rule 1 was tried or heard or the Court of Appeal is satisfied that an appellant in that proceeding is in such poor financial circumstances that the cost of a transcript would be an excessive burden on him, and, in the case of a transcript of evidence, that there is reasonable ground for the appeal, the judge or the Court of Appeal, as the case may be, may certify that the case is one in which it is proper that the said cost should be borne by public funds.

(3) An application for a certificate under this rule must be made in the first instance to the judge; if the application is refused, the application (if any) to the Court of Appeal must be made within 7 days after the refusal.

(4) Where an application is made to the Court of Appeal for a certificate under this rule, then, if the Court of Appeal is of opinion that for the purpose of determining the application it is necessary for that Court to see a transcript of the summing up and judgment, with or without a transcript of the evidence, the Court of Appeal may certify that both transcripts or, as the case may be, only a transcript of the summing up and judgment may properly be supplied for the use of that Court at the expense of public funds.

(5) No transcript supplied for the use of the Court of Appeal under a certificate given under paragraph (4) shall be handed to the appellant except by direction of the Court of Appeal.

(6) Where the judge or the Court of Appeal certifies under paragraph (2) that there is reasonable ground for the appeal, the appellant may be supplied with as many free copies of the transcript referred to in the certificate as will, together with any free copies already supplied under a certificate given under paragraph (4), make up a total of one for his own use and three for the use of the Court of Appeal.

(7) References in this rule to an appellant include references to an intending appellant.

5. Payment for transcript for poor respondent (O. 68, r. 5)

(1) Where the judge by whom any such proceeding as is referred to in rule 1 was tried or heard or the Court of Appeal is satisfied that the respondent to an appeal in that proceeding is in such poor financial circumstances that the cost of obtaining a transcript, or a specified part thereof, for the purpose of resisting the appeal would be an excessive burden on him, the judge or the Court of Appeal, as the case may be, may certify that the case is one in which it is proper that the cost of the transcript or that part thereof, as the case may be, should be borne by public funds, and where such a certificate is given the respondent shall not be required to pay the said cost.

(2) Rule 4(3) shall apply in relation to an application for a certificate under this rule as it applies in relation to an application for a certificate under that rule.

8. Mechanical recording (O. 68, r. 8)

In this Order any reference to a shorthand note of any proceedings shall be construed as including a reference to a record of the proceedings made by mechanical means.

8A. Definition (O. 68, r. 8A)

In this Order "transcript" (謄本) includes the transcript of the official shorthand note and any official typescript of the Judge's manuscript note.

(Enacted 1988)

Cap 4A - THE RULES OF THE HIGH COURT 217

Order: 69 SERVICE OF PROCESS FROM A COUNTRY OR PLACE OUTSIDE HONG KONG

L.N. 89 of 1999 30/03/1999

PROVISIONS AS TO PROCEEDINGS OF A COUNTRY OR PLACE OUTSIDE HONG KONG

(L.N. 39 of 1999)

SERVICE OF PROCESS FROM A COUNTRY OR PLACE OUTSIDE HONG KONG (L.N. 39 of 1999)

1. Definitions (O. 69, r. 1)

In this Order- "a convention country" (協約國) means a foreign country in relation to which there subsists a civil procedure

convention providing for service in that country of process of the Court of First Instance, and includes a country which is a party to the Convention on the Service Abroad of Judicial and Extra-Judicial Documents in Civil or Commercial Matters signed at The Hague on 15 November 1965; (25 of 1998 s. 2)

"process" (法律程序文件) includes a citation; "process server" (法律程序文件送達人) means the process server appointed under rule 4 or his authorized agent; "taxing master" (訟費評定官) means a taxing master of the High Court. (25 of 1998 s. 2)

2. Applications (O. 69, r. 2)

This Order applies to the service on a person in Hong Kong of any process in connection with civil or commercial proceedings in a court or tribunal of a country or place outside Hong Kong where the Registrar receives a written request for service-

(a) from the Chief Secretary for Administration with a recommendation by him that service should be effected; (L.N. 362 of 1997)

(b) where the court or tribunal is in a convention country, from a consular or other authority of that country; or

(c) where the court or tribunal is in the Mainland of China, from the judicial authorities of the Mainland of China. (L.N. 39 of 1999)

(L.N. 39 of 1999)

3. Service of process (O. 69, r. 3)

(1) If the request is in a language other than either or both of Hong Kong's official languages, it shall be accompanied by a translation of the request in either of Hong Kong's official languages, 2 copies of the process and, unless the court or tribunal of a country or place outside Hong Kong certifies that the person to be served understands the language of the process, 2 copies of the translation of the process. (L.N. 39 of 1999)

(2) Subject to paragraphs (3) and (5) and to any enactment providing for the manner of service of documents on corporate bodies, the process shall be served by the process server's leaving a copy of the process and a copy of the translation or certificate, as the case may be, with the person to be served.

(3) The provisions of Order 10, rule 1(2)(b) regarding service by insertion through a letter-box shall apply to the service of process from a country or place outside Hong Kong as they apply to the service of writs, except that service may be proved by an affidavit or by a certificate or report in such form as the Registrar may direct. (L.N. 39 of 1999)

(4) The process server shall send to the Registrar a copy of the process and an affidavit, certificate or report proving due service of process or stating the reason why service could not be effected, as the case may be, and shall, if the Court so directs, specify the costs incurred in effecting or attempting to effect service.

(5) Order 65, rule 4 (substituted service) shall apply to the service of process from a country or place outside

Cap 4A - THE RULES OF THE HIGH COURT 218

Hong Kong as it applies to the service of writs, except that the Registrar may make an order for substituted service of process from a country or place outside Hong Kong on the basis of the process server's affidavit, certificate or report, without an application being made to him in that behalf. (L.N. 39 of 1999)

(6) The Registrar shall send a certificate, together with a copy of the process, to the consular or other authority, the judicial authorities of the Mainland of China or the Chief Secretary for Administration, as the case may be, stating- (L.N. 362 of 1997; L.N. 39 of 1999)

(a) when and how service was effected or the reason why service could not be effected, as the case may be;

(b) where appropriate, the amount certified by the taxing master to be the costs of effecting or attempting to effect service.

(7) The certificate under paragraph (6) shall be sealed with the seal of the High Court for use out of the jurisdiction. (25 of 1998 s. 2)

4. Appointment of process server (O. 69, r. 4)

The process server for the purposes of this Order shall be the Chief Bailiff. (Enacted 1988)

Order: 70 OBTAINING EVIDENCE FOR FOREIGN COURTS, ETC.

L.N. 322 of 1998 25/09/1998

1. Interpretation and exercise of jurisdiction (O. 70, r. 1)

(1) In this Order "the Ordinance" (條例) means the Evidence Ordinance (Cap 8) and expressions used in this Order which are used in the Ordinance shall have the same meaning as in the Ordinance.

(2) The power of the Court of First Instance to make an order under section 76 or section 76 as extended by section 77B of the Ordinance may be exercised by the Registrar. (L.N. 403 of 1992; 25 of 1998 s. 2)

2. Application for order (O. 70, r. 2)

(1) Subject to rule 3 an application for an order under the Ordinance must be made ex parte and must be supported by affidavit.

(2) There shall be exhibited to the affidavit the request in pursuance of which the application is made, and if the request is not in the English language, a translation thereof in that language.

*3. Application by Law Officer (International Law) in certain cases (O. 70 r. 3)

Where a request- (a) is received by the Chief Secretary for Administration and sent by him to the Registrar with an

intimation that effect should be given to the request without requiring an application for that purpose to be made by the agent in Hong Kong of any party to the matter pending or contemplated before the foreign court or tribunal; or

(b) is received by the Registrar in pursuance of a Civil Procedure Convention providing for the taking of the evidence of any person in Hong Kong for the assistance of a court or tribunal in the foreign country, and no person is named in the document as the person who will make the necessary application on behalf of such party,

the Registrar shall send the document to the Law Officer (International Law) and the Law Officer (International Law) may make an application for an order under the Ordinance, and take such other steps as may be necessary, to give effect to the request.

(L.N. 362 of 1997; L.N. 322 of 1998)

4. Person to take and manner of taking examination (O. 70, r. 4)

Cap 4A - THE RULES OF THE HIGH COURT 219

___________________________________________________________________

(1) Any order made in pursuance of this Order for the examination of a witness may order the examination to be taken before any fit and proper person nominated by the person applying for the order or before such other qualified person as to the Court seems fit.

(2) Subject to rule 6 and to any special directions contained in any order made in pursuance of this Order for the examination of any witness, the examination shall be taken in manner provided by Order 39, rules 5 to 10 and 11(1) to (3), and an order may be made under Order 39, rule 14, for payment of the fees and expenses due to the examiner, and those rules shall apply accordingly with any necessary modifications.

(3) Any order made in pursuance of this Order for the examination of a witness shall permit the cross- examination of the witness by a person who-

(a) has the examiner's approval to do so; and (b) is affected by the examination or his legal representative. (87 of 1997 s. 36)

5. Dealing with deposition (O. 70, r. 5)

Unless any order made in pursuance of this Order for the examination of any witness otherwise directs, the examiner before whom the examination was taken must send the deposition of that witness to the Registrar, and the Registrar shall-

(a) give a certificate sealed with the Seal of the Court for use out of the jurisdiction identifying the documents annexed thereto, that is to say, the request, the order of the Court for examination and the deposition taken in pursuance of the order; and

(b) send the certificate with the documents annexed thereto to the Chief Secretary for Administration, or, where the request was sent to the Registrar by some other person in accordance with a Civil Procedure Convention, to that other person, for transmission to the court or tribunal out of the jurisdiction requesting the examination. (L.N. 362 of 1997)

6. Claim to privilege (O. 70, r. 6)

(1) The provisions of this rule shall have effect where a claim by a witness to be exempt from giving any evidence on the ground specified in section 77(1)(b) of the Ordinance is not supported or conceded as mentioned in subsection (2) of that section.

(2) The examiner may, if he thinks fit, require the witness to give the evidence to which the claim relates and, if the examiner does not do so, the Court may do so, on the ex parte application of the person who obtained the order under section 76.

(3) If such evidence is taken- (a) it must be contained in a document separate from the remainder of the deposition of the witness; (b) the examiner shall send to the Registrar with the deposition a statement signed by the examiner setting

out the claim and the ground on which it was made; (c) on receipt of the statement the Registrar shall, notwithstanding anything in rule 5, retain the document

containing the part of the witness's evidence to which the claim relates and shall send the statement and a request to determine the claim to the foreign court or tribunal with the documents mentioned in rule 5;

(d) if the claim is rejected by the foreign court or tribunal, the Registrar shall send to that court or tribunal the document containing that part of the witness's evidence to which the claim relates, but if the claim is upheld he shall send the document to the witness, and shall in either case notify the witness and the person who obtained the order under section 76 of the court or tribunal's determination.

(Enacted 1988)

Note: * Please see the transitional provision in rule 2 of L.N. 322 of 1998.

Order: 71 RECIPROCAL ENFORCEMENT OF FOREIGN JUDGMENTS*

L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

2. Application for registration (O. 71, r. 2)

Cap 4A - THE RULES OF THE HIGH COURT 220

(1) An application under section 4 of the Foreign Judgments (Reciprocal Enforcement) Ordinance (Cap 319), (in this Order referred to as "the Ordinance") in respect of a judgment to which the Ordinance applies to have the judgment registered in the Court may be made ex parte, but the Court may direct a summons to be issued. (See App. A, Form 63)

(2) If the Court directs a summons to be issued, the summons shall be an originating summons. (3) An originating summons under this rule shall be in Form No. 10 in Appendix A.

3. Evidence in support of application (O. 71, r. 3)

(1) An application for registration must be supported by an affidavit- (a) exhibiting the judgment or a verified or certified or otherwise duly authenticated copy thereof and,

where the judgment is not in the English language, a translation thereof in that language certified by a notary public or authenticated by affidavit;

(b) stating the name, trade or business and the usual or last known place of abode or business of the judgment creditor and the judgment debtor respectively, so far as known to the deponent;

(c) stating to the best of the information or belief of the deponent- (i) that the judgment creditor is entitled to enforce the judgment; (ii) as the case may require, either that at the date of the application the judgment has not been

satisfied, or the amount in respect of which it remains unsatisfied; (iv) that at the date of the application the judgment can be enforced by execution in the country of the

original court and that, if it were registered, the registration would not be, or be liable to be, set aside under section 6 of the Ordinance;

(d) specifying the amount of the interest, if any, which under the law of the country of the original court has become due under the judgment up to the time of registration.

(2) Where a judgment sought to be registered is in respect of different matters, and some, but not all, of the provisions of the judgment are such that if those provisions had been contained in separate judgments, those judgments could properly have been registered, the affidavit must state the provisions in respect of which it is sought to register the judgment.

(3) The affidavit must be accompanied by such other evidence with respect to the enforceability of the judgment by execution in the country of the original court, and of the law of that country under which any interest has become due under the judgment, as may be required having regard to the provisions of the Order in Council extending the Ordinance to that country.

4. Security for costs (O. 71, r. 4)

Save as otherwise provided by any relevant Order in Council, the Court may order the judgment creditor to give security for the costs of the application for registration and of any proceedings which may be brought to set aside the registration.

5. Order for registration (O. 71, r. 5)

(1) An order giving leave to register a judgment must be drawn up by, or on behalf of, the judgment creditor. (2) Except where the order is made on summons, no such order need be served on the judgment debtor. (3) Every such order shall state the period within which an application may be made to set aside the registration

and shall contain a notification that execution on the judgment will not issue until after the expiration of that period. (4) The Court may, on an application made at any time while it remains competent for any party to apply to

have the registration set aside, extend the period (either as originally fixed or as subsequently extended) within which an application to have the registration set aside may be made.

6. Register of judgments (O. 71, r. 6)

(1) There shall be kept in the Registry under the direction of the Registrar a register of the judgments ordered to be registered under the Ordinance.

(2) There shall be included in each such register particulars of any execution issued on a judgment ordered to

Cap 4A - THE RULES OF THE HIGH COURT 221

be so registered.

7. Notice of registration (O. 71, r. 7)

(1) Notice of the registration of a judgment must be served on the judgment debtor by delivering it to him personally or by sending it to him at his usual or last known place of abode or business or in such other manner as the Court may direct.

(2) Service of such a notice out of the jurisdiction is permissible without leave, and Order 11, rules 5, 6 and 8, shall apply in relation to such a notice as they apply in relation to notice of a writ.

(3) The notice of registration must state- (a) full particulars of the judgment registered and the order for registration, (b) the name and address of the judgment creditor or of his solicitor or agent on whom, and at which, any

summons issued by the judgment debtor may be served, (c) the right of the judgment debtor to apply to have the registration set aside, and (d) the period within which an application to set aside the registration may be made.

9. Application to set aside registration (O. 71, r. 9)

(1) An application to set aside the registration of a judgment must be made by summons supported by affidavit. (2) The Court hearing such application may order any issue between the judgment creditor and the judgment

debtor to be tried in any manner in which an issue in an action may be ordered to be tried. (HK)(3) The Court may, either of its own motion or on an application made by the judgment creditor, and if, having regard to all the circumstances of the case it thinks it just to do so, impose such terms, as to giving security or otherwise, as a condition of the further conduct of an application under this rule, as it thinks fit. (L.N. 127 of 1995)

10. Issue of execution (O. 71, r. 10)

(1) Execution shall not issue on a judgment registered under the Ordinance until after the expiration of the period which, in accordance with rule 5(3), is specified in the order for registration as the period within which an application may be made to set aside the registration or, if that period has been extended by the Court, until after the expiration of that period as so extended.

(2) If an application is made to set aside the registration of a judgment, execution on the judgment shall not issue until after such application is finally determined.

(3) Any party wishing to issue execution on a judgment registered under the Ordinance must produce to the Registrar an affidavit of service of the notice of registration of the judgment and any order made by the Court in relation to the judgment.

11. Determination of certain questions (O. 71, r. 11)

If, in any case under the Ordinance, any question arises whether a foreign judgment can be enforced by execution in the country of the original court, or what interest is payable under a foreign judgment under the law of the original court, that question shall be determined in accordance with the provisions in that behalf contained in the Order in Council extending the Ordinance to that country.

12. Rules to have effect subject to Orders in Council (O. 71, r. 12)

The foregoing rules shall, in relation to any judgment registered or sought to be registered under the Ordinance, have effect subject to any such provisions contained in the Order in Council extending the Ordinance to the country of the original court as are declared by the Order to be necessary for giving effect to the agreement made between Hong Kong and that country in relation to matters with respect to which there is power to make those rules.

13. Certified copy of judgment (O. 71, r. 13)

(1) An application under section 12 of the Ordinance for a certified copy of a judgment entered in the Court of

Cap 4A - THE RULES OF THE HIGH COURT 222

First Instance must be made ex parte to the Registrar on affidavit. (3) An affidavit by which an application under section 12 of the Ordinance is made must-

(a) give particulars of the proceedings in which the judgment was obtained; (b) (Repealed L.N. 103 of 1994) (c) state whether the defendant did or did not object to the jurisdiction, and, if so, on what grounds; (d) show that the judgment is not subject to any stay of execution; (e) state that the time for appealing has expired or, as the case may be, the date on which it will expire and

in either case whether notice of appeal against the judgment has been entered; and (f) state the rate at which the judgment carries interest.

(4) The certified copy of the judgment shall be an office copy sealed with the Seal of the High Court and indorsed with a certificate signed by the Registrar certifying that the copy is a true copy of a judgment obtained in the Court of First Instance of Hong Kong and that it is issued in accordance with section 12 of the Ordinance.

(5) There shall also be issued a certificate (signed by the Registrar and sealed with the Seal of the High Court) having annexed to it a copy of the writ, originating summons or other process by which the proceedings were begun, and stating-

(a) the manner in which the writ or such summons or other process was served on the defendant or that the defendant acknowledged service thereof,

(b) what objections, if any, were made to the jurisdiction, (c) what pleadings, if any, were served, (d) the grounds on which the judgment was based, (e) that the time for appealing has expired or, as the case may be, the date on which it will expire, (f) whether notice of appeal against the judgment has been entered, and (g) such other particulars as it may be necessary to give to the court in the foreign country in which it is

sought to obtain execution of the judgment, and a certificate (signed and sealed as aforesaid) stating the rate at which the judgment carries interest.

(25 of 1998 s. 2)

ENFORCEMENT OF RECOMMENDATIONS ETC. UNDER THE MERCHANT SHIPPING (LINER CONFERENCES) ORDINANCE (CAP 482)

(L.N. 152 of 2008)

41. Application for registration (O. 71, r. 41)

An application under section 10 of the Merchant Shipping (Liner Conferences) Ordinance (Cap 482)(in this Order referred to as "the Liner Conferences Ordinance") for the registration of a recommendation, determination or award shall be made by originating summons, which shall be in Form No. 10 in Appendix A.

(L.N. 152 of 2008)

42. Evidence in support of application (O. 71, r. 42)

(1) An application under section 10 of the Liner Conferences Ordinance for the registration of a recommendation must be supported by an affidavit- (L.N. 152 of 2008)

(a) exhibiting a verified or certified or otherwise duly authenticated copy of the recommendation and the reasons therefor and of the record of settlement;

(b) where the recommendation and reasons or the record of settlement or the acceptance of the recommendation is not in the English language, a translation thereof into English certified by a notary public or authenticated by affidavit;

(c) exhibiting copies of the acceptance of the recommendation by the parties upon whom it is binding, where the acceptance was in writing, or otherwise verifying the acceptance;

(d) giving particulars of the failure to implement the recommendations; and (e) verifying that none of the grounds which would render the recommendation unenforceable under

section 10(2) of the Liner Conferences Ordinance is applicable. (L.N. 152 of 2008) (2) An application under section 10 of the Liner Conferences Ordinance for the registration of a determination

or award as to costs must be supported by an affidavit- (L.N. 152 of 2008) (a) exhibiting a verified or certified or otherwise duly authenticated copy of the recommendation or other

Cap 4A - THE RULES OF THE HIGH COURT 223

________________________________________________________________________________

document containing the pronouncement on costs; and (b) stating that such costs have not been paid.

43. Order for registration (O. 71, r. 43)

(1) An order giving leave to register a recommendation, determination or award under section 10 of the Liner Conferences Ordinance must be drawn up by or on behalf of the party making the application for registration. (L.N. 152 of 2008)

(2) Such an order shall contain a provision that the reasonable costs of registration be taxed.

44. Register of recommendations etc. (O. 71, r. 44)

(1) There shall be kept in the Registry under the direction of the Registrar a register of the recommendations, determinations and awards ordered to be registered under section 10 of the Liner Conferences Ordinance. (L.N. 152 of 2008)

(2) There shall be included in such register particulars of the enforcement of a recommendation, determination or award so registered.

(Enacted 1988)

Note: *(Amended 9 of 2008 s. 27)

Order: 71A RECIPROCAL ENFORCEMENT OF MAINLAND JUDGMENTS

L.N. 195 of 2008 01/08/2008

1. Interpretation (O. 71A, r. 1)

In this Order— “choice of Mainland court agreement” (選用內地法院協議),“judgment creditor” (判定債權人),“judgment

debtor” (判定債務人), “Mainland” (內地), “Mainland judgment” (內地判決), “original court” (原審法院) and “registered judgment” (已登記判決) have the meanings assigned to them by section 2 of the Ordinance;

“the Ordinance” (《條例》) means the Mainland Judgments (Reciprocal Enforcement) Ordinance (Cap 597).

2. Application for registration (O. 71A, r. 2)

(1) An application under section 5(1) of the Ordinance to have a Mainland judgment registered in the Court may be made ex parte, but the Court may direct a summons to be issued.

(2) If the Court directs a summons to be issued, the summons shall be an originating summons. (3) An originating summons under this rule shall be in Form No. 10 in Appendix A.

3. Evidence in support of application for registration of Mainland judgments (O. 71A, r. 3)

(1) An application for registration of a Mainland judgment shall be supported by an affidavit— (a) exhibiting—

(i) a copy of the Mainland judgment duly sealed by the original court; (ii) the original or a verified or certified or otherwise duly authenticated copy of the relevant choice

of Mainland court agreement; (iii) a certificate issued by the original court certifying that the judgment is final and enforceable in

the Mainland; and (iv) where the judgment creditor is a body of persons, the documents specified for the purposes of

this sub-subparagraph in paragraph (2);

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(b) stating the name, trade or business and the usual or last known place of abode or business of the judgment creditor and the judgment debtor respectively, so far as known to the deponent;

(c) stating to the best of the information or belief of the deponent— (i) that at the date of the application, the judgment is enforceable in the Mainland; (ii) that the judgment creditor is entitled to enforce the judgment; (iii) whether any action has been taken to enforce the judgment in the Mainland and, if so, the details

of such enforcement; (iv) as the case may require, either that at the date of the application the judgment has not been

satisfied or the amount in respect of which it remains unsatisfied at that date; and (v) if the judgment were registered, the registration would not be, or be liable to be, set aside under

section 18 or 19 of the Ordinance; (d) specifying the amount of the interest, if any, which by the law of the Mainland has become due under

the judgment up to the time of registration together with the costs duly certified by the original court for the judgment.

(2) The documents specified for the purposes of paragraph (1)(a)(iv) are— (a) if the judgment creditor is a body of persons incorporated, formed or established under the law of

Hong Kong, a verified or certified or otherwise duly authenticated copy of its certificate of incorporation or similar documents;

(b) if the judgment creditor is a body of persons incorporated, formed or established under the law of any place other than Hong Kong, a verified or certified or otherwise duly authenticated copy of documents stating that its incorporation, formation or establishment was in accordance with the law of the place where it was so incorporated, formed or established.

(3) Where a Mainland judgment sought to be registered is in respect of different matters, and that some, but not all, of the provisions of the judgment would, if contained in separate Mainland judgments that are the subjects of applications for registration under section 5(1) of the Ordinance, satisfy the requirements specified in section 5(2)(a) to (e) of the Ordinance, the affidavit shall state the provisions in respect of which it is sought to register the judgment.

(4) The affidavit shall be accompanied by any evidence relevant to the enforceability of the Mainland judgment, and of the law of the Mainland under which any interest has become due under the judgment.

4. Security for costs (O. 71A, r. 4)

The Court may order the judgment creditor to give security for the costs of the application for registration of a Mainland judgment and of any proceedings which may be brought to set aside the registration.

5. Order for registration (O. 71A, r. 5)

(1) An order for registration of a Mainland judgment shall be drawn up by or on behalf of the judgment creditor, and the order so drawn up shall—

(a) state the period within which an application may be made to set aside the registration; and (b) contain a notification that execution on the judgment will not be issued until after the expiration of that

period. (2) Except where the order is made on summons, the order so drawn up is not required to be served on the

judgment debtor.

6. Register of Mainland judgments (O. 71A, r. 6)

(1) The Registrar shall keep in the Registry a register of the Mainland judgments ordered to be registered under the Ordinance.

(2) There shall be included in such register particulars of any execution issued on a Mainland judgment.

7. Notice of registration (O. 71A, r. 7)

(1) The judgment creditor shall serve a notice of registration of a Mainland judgment on the judgment debtor by delivering it to him personally or by sending it to him at his usual or last known place of abode or business or in

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such other manner as the Court may direct. (2) Service of such a notice out of the jurisdiction is permissible without leave, and Order 11, rules 5A and 8A,

shall apply in relation to such a notice as they apply in relation to a writ. (3) The notice of registration shall set out—

(a) full particulars of the registered judgment and the order for registration; (b) the name and address of the judgment creditor or of his solicitor or agent on whom, and at which, any

summons issued by the judgment debtor may be served; (c) the right of the judgment debtor to apply to have the registration set aside; and (d) the period within which an application to set aside the registration may be made.

8. Application to set aside registration (O. 71A, r. 8)

(1) An application to set aside the registration of a registered judgment shall be made by summons supported by affidavit.

(2) The Court hearing such application may order any issue between the judgment creditor and the judgment debtor to be tried in any manner in which an issue in an action may be ordered to be tried.

(3) The Court may, either of its own motion or on an application made by the judgment creditor, and if having regard to all the circumstances of the case it thinks it just to do so, impose such terms (whether as to giving security or otherwise) as it thinks fit as a condition of the further conduct of an application under this rule.

9. Issue of execution (O. 71A, r. 9)

Any party wishing to issue execution on a registered judgment shall produce to the Registrar an affidavit of service of the notice of registration of the judgment and any order made by the Court in relation to the judgment.

10. Application for registration of part of Mainland judgments (O. 71A, r. 10)

In the case of an application for registration of any part of a Mainland judgment under section 5(1) of the Ordinance—

(a) rule 2 applies to such an application; (b) unless the context otherwise requires, a reference to a Mainland judgment (however described) in this

Order shall be construed as a reference to that part of the Mainland judgment; and (c) the other provisions of this Order shall, subject to all necessary modifications, be construed and have

application accordingly.

11. Evidence in support of application for registration of part of Mainland judgments (O. 71A, r. 11)

(1) Subject to paragraph (2), in the case of an application for registration of any part of a Mainland judgment under section 5(1) of the Ordinance, in addition to the information specified in rule 3(1), the affidavit submitted in support of the application shall also state to the best of the information or belief of the deponent that the sum of money ordered to be paid under that part of the judgment is due.

(2) Where— (a) the Court has under section 5(2) of the Ordinance ordered a part of a Mainland judgment to be

registered; and (b) the registration has not been set aside under section 18 or 19 of the Ordinance,

then notwithstanding rule 3, any application subsequently made for registration of any other part of the judgment under section 5(1) of the Ordinance shall be supported by an affidavit specified for the purposes of this paragraph in paragraph (3).

(3) An affidavit specified for the purposes of paragraph (2) shall— (a) cite the Mainland judgment;

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(b) state to the best of the information or belief of the deponent— (i) that the sum of money ordered to be paid under the part of the judgment sought to be registered

under the application is due; and (ii) any other information relevant to the application; and

(c) exhibit a copy of the last order made by the Court under section 5(2) of the Ordinance for registration of any other part of the judgment.

(9 of 2008 s. 27)

Order: 71B CERTIFIED COPIES OF JUDGMENTS GIVEN BY COURT OF FINAL APPEAL AND HIGH COURT

L.N. 195 of 2008 01/08/2008

1. Interpretation (O. 71B, r. 1)

In this Order— “choice of Hong Kong court agreement” (選用香港法院協議) has the meaning assigned to it by section 2 of the

Ordinance; “judgment” (判決) includes any judgment, order and allocatur in civil or commercial matters; “Mainland” (內地) has the meaning assigned to it by section 2 of the Ordinance; “the Ordinance” (《條例》) means the Mainland Judgments (Reciprocal Enforcement) Ordinance (Cap 597).

2. Certified copies of judgments (O. 71B, r. 2)

(1) An application under section 21 of the Ordinance for a certified copy of a judgment given by the Court of Final Appeal or the High Court shall be made ex parte to the Registrar on affidavit.

(2) The affidavit shall— (a) exhibit the original or a verified or certified or otherwise duly authenticated copy of the relevant choice

of Hong Kong court agreement; (b) give particulars of the proceedings in which the judgment was obtained; (c) state the amount in respect of which the judgment remains unsatisfied at the date of the application; (d) state whether the defendant did or did not object to the jurisdiction and, if he objected, on what

grounds; (e) state whether any action has been taken to enforce the judgment in Hong Kong and, if so, the details of

such enforcement; (f) show that the judgment is not subject to any stay of execution; (g) state that the time for appealing has expired or, as the case may be, the date on which it will expire and

in either case whether any notice of appeal against the judgment has been entered; and (h) state the rate at which the judgment carries interest.

(3) The certified copy of the judgment shall be an office copy sealed with the seal of the High Court and indorsed with a certificate signed by the Registrar certifying that the copy is a true copy of a judgment obtained in the Court of Final Appeal or the High Court, as the case may be, and that it is issued in accordance with section 21 of the Ordinance.

(4) The certificate issued by the High Court under section 21(3) of the Ordinance shall have annexed to it a copy of the writ, originating summons or other process by which the proceedings were begun and a copy of the reasoned judgment (if any), and state—

(a) what pleadings, if any, were served; (b) the manner in which the writ or such summons or other process was served on the defendant or that the

defendant acknowledged service of the writ or summons or process; (c) the amount in respect of which the judgment remains unsatisfied at the date of the application as stated

by the deponent in the affidavit by which the application is made; (d) what objections, if any, were made to the jurisdiction; (e) the date from which the judgment takes effect; (f) whether any action has been taken to enforce the judgment in Hong Kong and, if so, the details of such

enforcement;

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(g) that the time for appealing has expired or, as the case may be, the date on which it will expire; (h) whether any notice of appeal against the judgment has been entered; (i) the rate at which the judgment carries interest; and (j) such other particulars as it may be necessary to give to the court in the Mainland in which it is sought

to obtain execution of the judgment. (5) The certificate shall be signed by the Registrar and sealed with the seal of the High Court.

(9 of 2008 s. 27)

Order: 72 (HK) PARTICULAR PROCEEDINGS L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

SPECIAL PROVISIONS AS TO PARTICULAR PROCEEDINGS

1. Application and interpretation (O. 72, r. 1)

(1) This Order applies to particular proceedings, and the other provisions of these rules apply to those actions subject to the provisions of this Order.

(2) In this Order "particular proceedings" (特定法律程序) means a type of proceedings for which provision has been made by the Chief Justice for separate listing.

2. The Various Lists (O. 72, r. 2)

(1) There may be lists, in which actions and other proceedings may be entered in accordance with the provisions of this Order, and a judge shall be in charge of each list. (L.N. 307 of 1998)

(2) In this Order references to the judge shall be construed as references to the judge for the time being in charge of a particular list.

(3) The judge shall have control of the proceedings in his particular list and, subject to the provisions of this Order and to any directions of the judge, the powers of a judge in chambers (including those exercisable by the Registrar) shall, in relation to any proceedings in such an action (including any appeal from any judgment, order or decision of the Registrar, given or made prior to the transfer of the action or proceedings to the relevant list) be exercisable by the judge.

(4) Paragraph (3) shall not be construed as preventing the powers of the judge being exercised by some other judge.

4. Entry of action in particular list when action begun (O. 72, r. 4)

(1) Before a writ or originating summons by which particular proceedings are to be begun is issued out of the Registry, it may be marked in the top left hand corner with words identifying the relevant list, and on the issue of a writ or summons so marked the action begun thereby shall be entered in that list.

(2) If the plaintiff intends to issue the writ or originating summons by which particular proceedings are to be begun out of the Registry and to mark it in accordance with paragraph (1), and the writ or the originating summons, as the case may be, is to be served out of the jurisdiction, an application for leave to issue the writ or summons and to serve the writ or the summons out of the jurisdiction may be made to the judge.

(3) The affidavit in support of an application made to the judge by virtue of paragraph (2) must, in addition to the matters required by Order 11, rule 4(1), to be stated, state that the plaintiff intends to mark the writ or originating summons in accordance with paragraph (1) of this rule.

(4) If the judge hearing an application made to him by virtue of paragraph (2) is of opinion that the action in question should not be entered in the list in question, he may adjourn the application to be heard by the Registrar.

5. Transfer of action to particular list after action begun (O. 72, r. 5)

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(1) At any stage of the proceedings in any action any party thereto may apply by summons to the judge to transfer the action to a particular list.

(3) If, at any stage of the proceedings in any action, it appears to the Court that the action may be one suitable for trial in a particular list and any party wishes the action to be transferred to that list, then the Court may adjourn any hearing so that it can proceed before the judge and be treated by him as a summons to transfer the action to that list.

6. Removal of action from particular list (O. 72, r. 6)

(1) The judge may, of his own motion or on the application of any party, order an action in a particular list to be removed from that list. (L.N. 126 of 1995)

(2) Where an action is in a particular list by virtue of rule 4, an application by a defendant or third party for an order under this rule must be made within 7 days after giving notice of intention to defend.

7. Pleadings in particular proceedings (O. 72, r. 7)

(1) The pleadings in an action in a particular list may be in the form of points of claim, or of defence, counterclaim, defence to counterclaim or reply, as the case may be, and must be as brief as possible.

(2) Without prejudice to Order 18, rule 12(1), no particulars shall be applied for or ordered in an action in the particular list designated the commercial list except such particulars as are necessary to enable the party applying to be informed of the case he has to meet or as are for some other reason necessary to secure the just, expeditious and economical disposal of any question at issue in the proceedings.

(3) The foregoing provisions are without prejudice to the power of the judge to order that an action in a particular list shall be tried without pleadings or further pleadings, as the case may be.

8. Directions in particular proceedings (O. 72, r. 8)

(1) Notwithstanding anything in Order 25, rule 1(1B)(b), any party to particular proceedings may take out a case management summons before the pleadings are deemed to be closed.

(2) Where an application is made to transfer an action to a particular list, Order 25, rules 2 to 7, shall, with the omission of so much of rule 7(1) as requires the parties to serve a notice specifying the orders and directions which they desire and with any other necessary modifications, apply as if the application were a case management summons.

(L.N. 152 of 2008)

9. (Repealed 13 of 1995 s. 20)

10. Production of certain documents in marine insurance actions (O. 72, r. 10)

(1) Where in an action in a particular list relating to a marine insurance policy an application for an order under Order 24, rule 3, is made by the insurer, then, without prejudice to its powers under that rule, the Court, if satisfied that the circumstances of the case are such that it is necessary or expedient to do so, may make an order, either in Form No. 94 in Appendix A or in such other form as it thinks fit, for the production of such documents as are therein specified or described.

(2) An order under this rule may be made on such terms, if any, as to staying proceedings in the action or otherwise, as the Court thinks fit.

(3) In this rule "the Court" (法庭) means the judge. (Enacted 1988)

Order: 73 ARBITRAL PROCEEDINGS* L.N. 153 of 2013 16/12/2013

1. Applications under Arbitration Ordinance (O. 73, r. 1)

Subject to the following rules of this Order, an application, request or appeal to the Court under the Arbitration Ordinance (Cap 609) must be made by originating summons in Form No. 10 in Appendix A to a single judge in court.

(17 of 2010 s. 112)

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2. Applications in pending actions (O. 73, r. 2)

An application, request or appeal to which rule 1 applies must, if an action is pending, be made by summons in the action.

(17 of 2010 s. 112)

3. Applications in relation to proceedings under Arbitration Ordinance (O. 73, r. 3)

An application in relation to proceedings referred to in section 16 of the Arbitration Ordinance (Cap 609) must be made to a judge in chambers.

(17 of 2010 s. 112)

4. Applications for interim measures or other orders in relation to arbitral proceedings outside Hong Kong (O. 73, r. 4)

If an application for an interim measure under section 45(2) of the Arbitration Ordinance (Cap 609) or for an order under section 60(1) of that Ordinance is in relation to any arbitral proceedings outside Hong Kong, rules 1, 2, 3, 4, 7(1), 7A and 8 of Order 29 apply with any necessary modifications to the application as they apply to an application for interlocutory relief in an action or proceeding in the High Court.

(17 of 2010 s. 112)

5. Time limits and other special provisions for certain applications under Arbitration Ordinance (O. 73, r. 5)

(1) An application to challenge an arbitral award on the ground of serious irregularity under section 4 of Schedule 2 to the Arbitration Ordinance (Cap 609) must be made, and the originating summons or summons must be served, within 30 days after the award is delivered.

(2) An application for leave to appeal on a question of law arising out of an arbitral award under section 6 of Schedule 2 to the Arbitration Ordinance (Cap 609) must be made, and the originating summons or summons must be served, within 30 days after the award is delivered and, if there is a correction or interpretation of the award under section 69 of that Ordinance, the period of 30 days runs from the date on which the award with the correction made or interpretation given is delivered.

(3) An application to decide any question of law arising in the course of the arbitral proceedings under section 3 of Schedule 2 to the Arbitration Ordinance (Cap 609) must be made, and the originating summons or summons must be served, within 30 days after the arbitral tribunal has given permission in writing for the making of the application or all the other parties to the arbitral proceedings have agreed in writing to the making of the application.

(4) In relation to an application to which paragraph (1), (2) or (3) applies or an application to set aside an arbitral award under section 81 of the Arbitration Ordinance (Cap 609)—

(a) the originating summons or summons must state the grounds of application; and (b) if the application—

(i) is founded on evidence by affidavit, a copy of every affidavit intended to be used must be served with the originating summons or summons; or

(ii) is made with the permission of the arbitral tribunal or agreement of all the other parties to the arbitral proceedings, a copy of every permission or agreement in writing must be served with the originating summons or summons.

(5) In relation to— (a) an application to which paragraph (1) applies; (b) a request for the Court to decide on a challenge to an arbitrator or umpire under section 26(1) of the

Arbitration Ordinance (Cap 609) or to decide on the termination of the mandate of an arbitrator or umpire under section 27 of that Ordinance;

(c) an application for the Court to decide that the umpire is to replace the arbitrators as the arbitral tribunal under section 31(8) of that Ordinance or that the arbitrator or umpire is not entitled to or must repay

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fees or expenses under section 62 of that Ordinance; (d) an application to extend the time limit for making an award under section 72(2) of that Ordinance; (e) an application to set aside an arbitral award under section 81 of that Ordinance; or (f) an appeal on a question of law arising out of an arbitral award or application for leave to appeal under

section 5, 6 or 7 of Schedule 2 to that Ordinance, the originating summons or summons must be served on the arbitrator or umpire, the arbitral tribunal and on all the other parties to the arbitral proceedings.

(6) An appeal on a question of law arising out of an arbitral award under section 5 of Schedule 2 to the Arbitration Ordinance (Cap 609) may be included in the application for leave to appeal, if leave is required.

(17 of 2010 s. 112)

6. Applications, requests and appeals to be heard in Construction and Arbitration List (O. 73, r. 6)

(1) An application, request or appeal which is required by rule 1 or 3 to be made to a judge must be entered in the Construction and Arbitration List unless the judge in charge of the list otherwise directs.

(2) Nothing in paragraph (1) is to be construed as preventing the powers of the judge in charge of the Construction and Arbitration List from being exercised by any judge of the Court of First Instance.

(17 of 2010 s. 112)

7. Service out of jurisdiction of originating summons, summons or order (O. 73, r. 7)

(1) Subject to paragraphs (2) and (3), service out of the jurisdiction of— (a) any originating summons or summons under this Order; or (b) any order made on such originating summons or summons,

is permissible with the leave of the Court if the arbitration to which the originating summons, summons or order relates is governed by Hong Kong law or has been, is being, or is to be held within the jurisdiction.

(2) Service out of the jurisdiction of an originating summons or summons by which an application for leave to enforce an award is made is permissible with the leave of the Court, whether or not the arbitration is governed by Hong Kong law.

(3) Service out of the jurisdiction of an originating summons or summons by which an application for an interim measure under section 45(2) of the Arbitration Ordinance (Cap 609) or for an order under section 60(1) of that Ordinance is made is permissible with the leave of the Court.

(4) An application for the grant of leave under this rule must be supported by an affidavit stating— (a) the grounds on which the application is made; and (b) in what place the person to be served is, or probably may be found.

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

(6) Order 11, rules 5, 5A, 6, 7, 7A, 8 and 8A apply in relation to any originating summons, summons or order referred to in paragraph (1) as they apply in relation to a writ.

(17 of 2010 s. 112)

8-9. (Repealed 17 of 2010 s. 112)

10. Enforcement of settlement agreement, award, order, direction or emergency relief under Arbitration Ordinance (O. 73, r. 10)

(17 of 2010 s. 112; 7 of 2013 s. 22)

(1) An application for leave- (HK)(a) under section 2C of the Arbitration Ordinance (Cap 341) (“the repealed Ordinance”) repealed by the

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Arbitration Ordinance (Cap 609) (“the Arbitration Ordinance”) to enforce a settlement agreement entered into before the commencement# of the Arbitration Ordinance; (L.N. 363 of 1990)

(b) under section 2GG of the repealed Ordinance to enforce an award, order or direction made or given by an arbitral tribunal before the commencement of the Arbitration Ordinance; (L.N. 363 of 1990; 2 of 2000 s. 15)

(ba) under section 22B(1) of the Arbitration Ordinance to enforce any emergency relief; (7 of 2013 s. 22) (c) under section 61(1) of the Arbitration Ordinance to enforce an order or direction (including an interim

measure) of an arbitral tribunal; or (17 of 2010 s. 112) (d) under section 84(1) of the Arbitration Ordinance, or in accordance with section 84 of the Arbitration

Ordinance as provided by section 87(1)(b), 92(1)(b) or 98A(1)(b) of that Ordinance, to enforce an arbitral award, (17 of 2010 s. 112; 7 of 2013 s. 22)

in the same manner as a judgment, order or direction may be made ex parte but the Court hearing the application may direct a summons to be issued. (7 of 2013 s. 22)

(2) If the Court directs a summons to be issued, the summons may be an originating summons which shall be in Form No. 10 in Appendix A. (L.N. 152 of 2008)

(3) An application for leave must be supported by affidavit- (a) exhibiting-

(i) if the application is under section 2C of the repealed Ordinance, the arbitration agreement (or a copy of it) and the original settlement agreement (or a copy of it); (17 of 2010 s. 112)

(ii) if the application is under section 2GG of the repealed Ordinance, the arbitration agreement (or a copy of it) and the original award, order or direction (or a copy of it); (17 of 2010 s. 112)

(iiaa) if the application is under section 22B(1) of the Arbitration Ordinance, the arbitration agreement (or a copy of it) and the original instrument of grant of emergency relief (or a copy of it); (7 of 2013 s. 22)

(iia) if the application is under section 61(1) of the Arbitration Ordinance, the arbitration agreement (or a copy of it) and the original order or direction (or a copy of it); (17 of 2010 s. 112)

(iii) subject to sub-subparagraphs (iv), (v) and (vi), if the application is under section 84(1) of the Arbitration Ordinance, the documents required to be produced under section 85 of that Ordinance; (17 of 2010 s. 112)

(iv) if the application is in accordance with section 84 of the Arbitration Ordinance as provided by section 87(1)(b) of that Ordinance, the documents required to be produced under section 88 of that Ordinance; (17 of 2010 s. 112)

(v) if the application is in accordance with section 84 of the Arbitration Ordinance as provided by section 92(1)(b) of that Ordinance, the documents required to be produced under section 94 of that Ordinance; (17 of 2010 s. 112; 7 of 2013 s. 22)

(vi) if the application is in accordance with section 84 of the Arbitration Ordinance as provided by section 98A(1)(b) of that Ordinance, the documents required to be produced under section 98C of that Ordinance; (7 of 2013 s. 22)

(b) stating the name and the usual or last known place of abode or business of the applicant (hereinafter referred to as "the creditor") and the person against whom it is sought to enforce the settlement agreement, award, order, direction or emergency relief (hereinafter referred to as "the debtor") respectively,

(c) as the case may require, either that the settlement agreement, award, order, direction or emergency relief has not been complied with or the extent to which it has not been complied with at the date of the application. (7 of 2013 s. 22)

(4) An order giving leave must be drawn up by or on behalf of the creditor and must be served on the debtor by delivering a copy to him personally or by sending a copy to him at his usual or last known place of abode or business or in such other manner as the Court may direct.

(5) Service of the order made under paragraph (4) out of the jurisdiction is permissible without leave, and Order 11, rules 5, 5A, 6, 7, 7A, 8 and 8A shall apply in relation to such an order as they apply in relation to a writ.

(6) Within 14 days after service of the order made under paragraph (4) or, if the order made under paragraph (4) is to be served out of the jurisdiction, within such other period as the Court may fix, the debtor may apply to set aside that order, and the settlement agreement, award, order, direction or emergency relief shall not be enforced until after the expiration of that period or, if the debtor applies within that period to set aside the order made under paragraph (4), until after the application is finally disposed of. (7 of 2013 s. 22)

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_____________________________________________________________________________

(HK)(6A) An application under paragraph (6) to set aside the order made under paragraph (4) must be made by summons supported by affidavit, and such affidavit must be filed at the same time as the summons. (L.N. 127 of 1995)

(7) The copy of the order made under paragraph (4) served on the debtor shall state the effect of paragraph (6). (8) In relation to a body corporate this rule shall have effect as if for any reference to the place of abode or

business of the creditor or the debtor there were substituted a reference to the registered or principal address of the body corporate; so, however, that nothing in this rule shall affect any enactment which provides for the manner in which a document may be served on a body corporate.

(17 of 2010 s. 112)

(HK) 10A. Other provisions as to applications to set aside an order made under rule 10(4) (O. 73, r. 10A)

(17 of 2010 s. 112)

(HK) Where a debtor has applied under rule 10(6) to set aside an order made under rule 10(4), the Court may, either of its own motion or on an application made by the creditor, and if, having regard to all the circumstances of the case it thinks it just to do so, impose such terms, as to giving security or otherwise, as a condition of the further conduct of the application, as it thinks fit.

(L.N. 167 of 1994; 17 of 2010 s. 112)

11- 18. (Repealed 17 of 2010 s. 112)

19. Transitional provision relating to Arbitration Ordinance (O. 73, r. 19)

If, immediately before the commencement# of the Arbitration Ordinance (Cap 609), an application, request or appeal by originating motion, summons or notice made under this Order as in force immediately before the commencement of that Ordinance is pending, then the application, request or appeal is to be determined as if that Ordinance had not been enacted.

(17 of 2010 s. 112) (Enacted 1988)

Note: * (Amended 17 of 2010 s. 112) # Commencement date : 1 June 2011.

Order: 74 (Repealed L.N. 343 of 1989) 25 of 1998 01/07/1997

Remarks: Adaptation amendments retroactively made - see 25 of 1998 s. 2

Order: 75 (HK) ADMIRALTY PROCEEDINGS L.N. 235 of 2009 22/01/2010

1. Application and interpretation (O. 75, r. 1)

(1) This Order applies to Admiralty causes and matters, and the other provisions of these rules apply to those causes and matters subject to the provisions of this Order. (See App. B, Form 14)

(2) In this Order- "action in rem" (對物訴訟) means an Admiralty action in rem; "caveat against arrest" (針對扣押的知會備忘) means a caveat entered in the caveat book under rule 6; "caveat against release and payment" (針對發還及付款的知會備忘) means a caveat entered in the caveat book

under rule 14; "caveat book" (知會備忘登記冊) means the book kept in the Registry in which caveats issued under this Order are

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entered; "collision regulations" (碰撞規例) means the regulations made or deemed to be made under section 93 of the

Merchant Shipping (Safety) Ordinance (Cap 369); "limitation action" (局限法律責任的訴訟) means an action by shipowners or other persons under the Merchant

Shipping Acts 1894 to 1984#, the Merchant Shipping (Liability and Compensation for Oil Pollution) Ordinance (Cap 414), the Merchant Shipping (Limitation of Shipowners Liability) Ordinance (Cap 434) or the Bunker Oil Pollution (Liability and Compensation) Ordinance (Cap 605) for the limitation of the amount of their liability in connection with a ship or other property; (L.N. 363 of 1990; 14 of 2009 s. 35)

"ship" (船舶) includes any description of vessel used in navigation.

2A. Proceedings against, or concerning, the International Oil Pollution Compensation Fund (O. 75, r. 2A)

(2) For the purposes of section 27(1) of the Merchant Shipping (Liability and Compensation for Oil Pollution) Ordinance (Cap 414) any party to proceedings brought against an owner or guarantor in respect of liability under section 6 of that Ordinance may give notice to the Fund of such proceedings by serving notice in writing on the Fund together with a copy of the writ and copies of the pleadings (if any) served in the action. (L.N. 363 of 1990)

(3) The Court shall, on the application made ex parte by the Fund grant leave to the Fund to intervene in any proceedings to which the preceding paragraph applies, whether notice of such proceedings has been served on the Fund or not, and paragraphs (3) and (4) of rule 17 shall apply to such an application.

(4) Where judgment is given against the Fund in any proceedings under section 25 of the Merchant Shipping (Liability and Compensation for Oil Pollution) Ordinance (Cap 414), the Registrar shall cause a stamped copy of the judgment to be sent by post to the Fund. (L.N. 363 of 1990)

(5) The Fund shall notify the Registrar of the matters set out in section 25(11)(b) of the Merchant Shipping (Liability and Compensation for Oil Pollution) Ordinance (Cap 414) by a notice in writing sent by post to, or delivered at, the Registry. (L.N. 363 of 1990)

3. Issue of writ and acknowledgment of service (O. 75, r. 3)

(1) An action in rem may be begun by writ; and the writ must be in Form No. 1 in Appendix B. (L.N. 152 of 2008)

(2) The writ by which an Admiralty action in personam is begun must be in Form No. 1 in Appendix A. (3) The writ by which a limitation action is begun must be in Form No. 2 in Appendix B. (4) Subject to the following paragraphs Order 6, rule 7, shall apply in relation to a writ by which an Admiralty

action is begun. (5) An acknowledgment of service in an action in rem or a limitation action shall be in Form No. 2B in

Appendix B. (6) A defendant to an action in rem in which the writ has not been served, or a defendant to a limitation action

who has not been served with the writ, may, if he desires to take part in the proceedings, acknowledge the issue of the writ by handing in at, or sending to, the Registry an acknowledgment of issue in the same form as an acknowledgment of service but with the substitution for the references therein to service of references to issue of the writ.

(7) These rules shall apply, with the necessary modifications, in relation to an acknowledgment of issue or service in Form 2B in Appendix B as they apply in relation to an acknowledgment of service in Form No. 14 in Appendix A which contains a statement to the effect that the defendant intends to contest the proceedings to which the acknowledgment relates.

4. Service of writ out of jurisdiction (O. 75, r. 4)

(1) Subject to the following provisions of this rule, service out of the jurisdiction of a writ containing any claim for damage, loss of life or personal injury arising out of a collision between ships or the carrying out of or omission to carry out a manoeuvre in the case of one or more of two o r more ships or non-compliance on the part of one or more of two or more ships with the collision regulations, every limitation action and every action to enforce a claim under section 6 or 25 of the Merchant Shipping (Liability and Compensation for Oil Pollution) Ordinance (Cap 414) or

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section 5 of the Bunker Oil Pollution (Liability and Compensation) Ordinance (Cap 605) is permissible with the leave of the Court if, but only if- (L.N. 363 of 1990; 14 of 2009 s. 36)

(a) the defendant has his habitual residence or a place of business in Hong Kong; or (b) the cause of action arose within the territorial waters of Hong Kong; or (c) an action arising out of the same incident or series of incidents is proceeding in the Court or has been

heard and determined in the Court; or (d) the defendant has submitted or agreed to submit to the jurisdiction of the Court.

(2) Order 11, rule 4(1), (2) and (4), shall apply in relation to an application for the grant of leave under this rule as it applies in relation to an application for the grant of leave under rule 1 of that Order. (L.N. 152 of 2008)

(3) Paragraph (1) shall not apply to an action in rem. (4) The proviso to rule 7(1) of Order 6 and Order 11, rule 1(2), shall not apply to a writ by which any

Admiralty action is begun.

5. Warrant of arrest (O. 75, r. 5)

(1) After a writ has been issued in an action in rem a warrant in Form No. 3 in Appendix B for the arrest of the property against which the action or any counterclaim in the action is brought may, subject to the provisions of this rule, be issued at the instance of the plaintiff or of the defendant, as the case may be.

(3) A party applying for the issue out of the Registry of a warrant to arrest any property shall procure a search to be made in the caveat book for the purpose of ascertaining whether there is a caveat against arrest in force with respect to that property.

(4) A warrant of arrest shall not be issued until the party applying for it has filed an affidavit requesting issue of the warrant together with an affidavit made by him or his agent containing the particulars required by paragraph (8) so, however, that the Court may, if it thinks fit, allow the warrant to issue notwithstanding that the affidavit does not contain all those particulars.

(5) Except with the leave of the Court, a warrant of arrest shall not be issued in an action in rem against a foreign ship belonging to a port of a State having a consulate in Hong Kong, being an action for possession of the ship or for wages, until notice that the action has been begun has been sent to the consul.

(6) Except with the leave of the Court, a warrant of arrest shall not be issued in an action in rem in which there is a claim arising out of bottomry until the bottomry bond and, if the bond is in a foreign language, a notarial translation thereof is produced to the Registrar.

(7) Where, by, or under, any convention or treaty, Hong Kong has undertaken to minimise the possibility of arrest of ships of another state, no application shall be made for the issue of a warrant of arrest in an action in rem against a ship owned by that state until a notice in Form No. 15 in Appendix B has been served on a consular officer at the consular office of, or acting on behalf of, that state in Hong Kong.

(8) An affidavit required by paragraph (4) must state- (a) in every case-

(i) the nature of the claim or counterclaim and that it has not been satisfied and, if it arises in connection with a ship, the name of that ship; and

(ii) the nature of the property to be arrested and, if the property is a ship, the name of the ship and her port of registry; and

(b) in the case of a claim against a ship in rem by virtue of paragraph (10)- (i) the name of the person who would be liable on the claim in an action in personam ("the relevant

person"); and (ii) that the relevant person was when the cause of action arose the owner or charterer of, or in

possession or in control of, the ship in connection with which the claim arose; and (iii) that at the time of the issue of the writ the relevant person was either the beneficial owner of all

the shares in the ship in respect of which the warrant is required or (where appropriate) the charterer of it under a charter by demise; and

(c) in the case of a claim for possession of a ship or for wages, the nationality of the ship in respect of which the warrant is required and that the notice (if any) required by paragraph (5) has been sent; (14 of 2009 s. 37)

(e) in the case of a claim in respect of a liability incurred under section 6 of the Merchant Shipping (Liability and Compensation for Oil Pollution) Ordinance (Cap 414), the facts relied on as establishing that the Court is not prevented from entertaining the action by reason of section 18(1) of that

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Ordinance; and (L.N. 363 of 1990; 14 of 2009 s. 37) (f) in the case of a claim in respect of a liability incurred under section 5 of the Bunker Oil Pollution

(Liability and Compensation) Ordinance (Cap 605), the facts relied on as establishing that the Court is not prevented from entertaining the action by reason of section 18(2) of that Ordinance. (14 of 2009 s. 37)

(9) The following documents shall, where appropriate, be exhibited to an affidavit required by paragraph (4)- (a) a copy of any notice sent to a consul under paragraph (5); (b) a certified copy of any bottomry bond, or of the translation thereof, produced under paragraph (6); (c) a copy of any notice served on a consular officer under paragraph (7).

(10) The claims against a ship in rem coming within the provisions of sub-paragraph (b) (whether or not the claim gives rise to a maritime lien on that ship) are-

(a) for damage done by a ship; (b) for loss of life or personal injury sustained in consequence of any defect in a ship or in her apparel or

equipment or in consequence of the wrongful act, neglect or default of the owners, charterers or persons in possession or control of a ship or the master or crew of a ship or any other person for whose wrongful acts, neglects or defaults the owners, charterers or persons in possession or control of a ship are responsible, being an act, neglect or default in the navigation or management of a ship in the loading, carriage or discharge of goods on, in or from the ship or in the embarkation, carriage or disembarkation of persons on, in or from the ship;

(c) for loss of or damage to goods carried in a ship; (d) those arising out of any agreement relating to the carriage of goods in a ship or to the use or hire of a

ship; (e) those in the nature of salvage (including any claim arising by virtue of the application by or under

section 9 of the Civil Aviation Ordinance (Cap 448), of the law relating to salvage to aircraft and their apparel and cargo); (L.N. 152 of 2008)

(f) those in the nature of towage or pilotage in respect of a ship or an aircraft when an action in rem may be brought against that aircraft if, at the time when the action is brought, it is beneficially owned by the person who would be liable on the claim in an action in personam;

(g) those in respect of goods or materials supplied to a ship for her operation or maintenance; (h) those in respect of the construction, repair or equipment of a ship or dock charges or dues; (i) those by a master or member of a crew of a ship for wages (including any sum allotted out of wages or

adjudged by a superintendent to be due by way of wages); (j) those by a master, shipper, charterer or agent in respect of disbursements made on account of a ship; (k) those arising out of an act which is or is claimed to be a general average act; (l) those arising out of bottomry.

And where the person who would be liable on the claim in an action in personam ("the relevant person") was, when the cause of action arose, the owner or charterer of, or in possession or in control of, the ship and at the time when the action is brought is either the beneficial owner of that ship as respects all the shares in it or the charterer of it under a charter by demise or, in the case of any other ship, where the relevant person is the beneficial owner as respects all the shares in it at the time when the action is brought.

6. Caveat against arrest (O. 75, r. 6)

(1) A person who desires to prevent the arrest of any property must file in the Registry a praecipe, in Form No. 5 in Appendix B, signed by him or his solicitor undertaking-

(a) to acknowledge issue or service (as may be appropriate) of the writ in any action that may be begun against the property described in the praecipe, and

(b) within 3 days after receiving notice that such an action has been begun, to give bail in the action in a sum not exceeding an amount specified in the praecipe or to pay the amount so specified into court,

and on the filing of the praecipe a caveat against the issue of a warrant to arrest the property described in the praecipe shall be entered in the caveat book.

(2) The fact that there is a caveat against arrest in force shall not prevent the issue of a warrant to arrest the property to which the caveat relates.

7. Remedy where property protected by

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caveat is arrested (O. 75, r.7)

Where any property with respect to which a caveat against arrest is in force is arrested in pursuance of a warrant of arrest, the party at whose instance the caveat was entered may apply to the Court by motion for an order under this rule and, on the hearing of the application, the Court, unless it is satisfied that the party procuring the arrest of the property had a good and sufficient reason for so doing, may by order discharge the warrant and may also order the last-mentioned party to pay to the applicant damages in respect of the loss suffered by the applicant as a result of the arrest.

8. Service of writ in action in rem (O. 75, r. 8)

(1) Subject to paragraph (2), a writ by which an action in rem is begun must be served on the property against which the action is brought save that-

(a) where that property is freight it must be served on the cargo in respect of which the freight is payable or on the ship in which that cargo was carried, or

(b) where the property has been sold by the bailiff, the writ may not be served on that property, but a sealed copy of it must be filed in the Registry and the writ shall be deemed to have been duly served on the day on which it was filed.

(2) A writ need not be served or filed as mentioned in paragraph (1) if the writ is deemed to have been duly served on the defendant by virtue of Order 10, rule 1(4) or (5).

(3) Where by virtue of this rule a writ is required to be served on any property, then, if the plaintiff wishes service of the writ to be effected by the bailiff, he must file in the Registry a praecipe in Form No. 6 in Appendix B and lodge-

(a) the writ and a copy thereof, and (b) an undertaking to pay on demand all expenses incurred by the bailiff or his substitute in respect of the

service of the writ, and thereupon the bailiff or his substitute shall serve the writ on the property described in the praecipe.

(3A)Where a writ is served on any property by the bailiff or his substitute the person effecting service must indorse on the writ the following particulars, that is to say, where it was served, the property on which it was served, the day of the week and the date on which it was served, the manner in which it was served and the name and the address of the person effecting service, and the indorsement shall be evidence of the facts stated therein.

(4) Where the plaintiff in an action in rem, or his solicitor, becomes aware that there is in force a caveat against arrest with respect to the property against which the action is brought, he must serve the writ forthwith on the person at whose instance the caveat was entered.

(5) Where a writ by which an action in rem is begun is amended under Order 20, rule 1, after service thereof, Order 20, rule 1(2), shall not apply and, unless the Court otherwise directs on an application made ex parte, the amended writ must be served on any intervener and any defendant who has acknowledged issue or service of the writ in the action or, if no defendant has acknowledged issue or service of the writ, it must be served in accordance with paragraph (1) of this rule.

9. Committal of solicitor failing to comply with undertaking (O. 75, r. 9)

Where the solicitor of a party to an action in rem fails to comply with a written undertaking given by him to any other party or his solicitor to acknowledge issue or service of the writ in the action, give bail or pay money into court in lieu of bail, he shall be liable to committal.

10. Execution, etc., of warrant of arrest (O. 75, r. 10)

(1) A warrant of arrest is valid for 12 months beginning with the date of its issue. (2) A warrant of arrest may be executed only by the bailiff or his substitute. (3) A warrant of arrest shall not be executed until an undertaking to pay on demand the fees of the bailiff and

all expenses incurred by him or on his behalf in respect of the arrest of the property and the care and custody of it while under arrest has been lodged in the bailiff's office.

(4) A warrant of arrest shall not be executed if the party at whose instance it was issued lodges a written request

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to that effect with the bailiff. (5) A warrant of arrest issued against freight may be executed by serving the warrant on the cargo in respect of

which the freight is payable or on the ship in which that cargo was carried or on both of them. (6) Subject to paragraph (5), a warrant of arrest must be served on the property against which it is issued. (7) Within 7 days after the service of a warrant of arrest, the warrant must be filed, in the Registry by the

bailiff.

11. Service on ships, etc.: how effected (O. 75, r. 11)

(1) Subject to paragraph (2), service of a warrant of arrest or writ in an action in rem against a ship, freight or cargo shall be effected by-

(a) affixing the warrant or writ for a short time on any mast of the ship or on the outside of any suitable part of the ship's superstructure, and

(b) on removing the warrant or writ, leaving a copy of it affixed (in the case of the warrant) in its place or (in the case of the writ) on a sheltered, conspicuous part of the ship.

(2) Service of a warrant of arrest or writ in an action in rem against freight or cargo or both shall, if the cargo has been landed or transhipped, be effected-

(a) by placing the warrant or writ for a short time on the cargo and, on removing the warrant or writ, leaving a copy of it on the cargo, or

(b) if the cargo is in the custody of a person who will not permit access to it, by leaving a copy of the warrant or writ with that person.

(3) Order 65, rule 10, shall not apply to a warrant of arrest or a writ in rem.

12. Applications with respect to property under arrest (O. 75, r. 12)

(1) The bailiff may at any time apply to the Court for directions with respect to property under arrest in an action and may, or, if the Court so directs, shall, give notice of the application to any or all of the persons referred to in paragraph 2.

(2) The bailiff shall send by hand or by post a copy of any order made on an application under paragraph (1) to all those persons who, in relation to that property, have-

(a) entered a caveat which is still in force; or (b) caused a warrant for the arrest of the property to be executed by the bailiff; or (c) acknowledged issue or service of the writ in any action in which the property is under arrest; or (d) intervened in any action in which the property is under arrest.

(3) A person other than the bailiff may make an application under this rule by summons or motion in the action in which the property is under arrest and the summons or notice of motion together with copies of any affidavits in support must be served upon the bailiff and all persons referred to in paragraph (2) unless the court otherwise orders on an application made ex parte.

(4) Unless otherwise directed by the Registrar, the bailiff shall serve a copy of any notice of motion or summons on the property under arrest.

13. Release of property under arrest (O. 75, r. 13)

(1) Except where property arrested in pursuance of a warrant of arrest is sold under an order of the Court, property which has been so arrested shall only be released under the authority of an instrument of release (in this rule referred to as a "release"), in Form No. 7 in Appendix B, issued out of the Registry.

(3) A release shall not be issued with respect to property as to which a caveat against release is in force, unless, either

(a) at the time of the issue of the release the property is under arrest in one or more other actions, or (b) the Court so orders.

(4) A release may be issued at the instance of any party to the action in which the warrant of arrest was issued if the Court so orders, or, subject to paragraph (3), if all the other parties, except any defendant who has not acknowledged issue or service of the writ, consent.

(6) Before a release is issued, the party applying for its issue must, unless paragraph (3)(a) applies, give notice

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to any person at whose instance a subsisting caveat against release has been entered, or to his solicitor, requiring the caveat to be withdrawn.

(7) Before property under arrest is released in compliance with a release issued under this rule, the party at whose instance it was issued must, in accordance with the directions of the bailiff, either-

(a) pay the fees of the bailiff already incurred and lodge in the bailiff's office an undertaking to pay on demand the other fees and expenses in connection with the arrest of the property and the care and custody of it while under arrest and of its release, or

(b) lodge in the bailiff's office an undertaking to pay on demand all such fees and expenses, whether incurred or to be incurred.

(8) The Court, on the application of any party who objects to directions given to him by the bailiff under paragraph (7), may vary or revoke the directions.

14. Caveat against release etc. (O. 75, r. 14)

(1) Where a person claiming to have a right of action in rem against any property which is under arrest or the proceeds of sale thereof wishes to be served with notice of any application to the Court in respect of that property or those proceeds, he must file in the Registry a praecipe in Form No. 9 in Appendix B and, on the filing of the praecipe, a caveat shall be entered in the caveat book.

(2) Where the release of any property under arrest is delayed by the entry of a caveat under this rule, any person having an interest in that property may apply to the Court by motion for an order requiring the person who procured the entry of the caveat to pay to the applicant damages in respect of the loss suffered by the applicant by reason of the delay, and the Court, unless it is satisfied that the person procuring the entry of the caveat had a good and sufficient reason for so doing, may make an order accordingly.

15. Duration of caveats (O. 75, r. 15)

(1) Every caveat entered in the caveat book is valid for 12 months beginning with the date of its entry but the person at whose instance a caveat was entered may withdraw it by filing a praecipe in Form No. 10 in Appendix B.

(2) The period of validity of a caveat may not be extended, but this provision shall not be taken as preventing the entry of successive caveats.

16. Bail (O. 75, r. 16)

(1) Bail on behalf of a party to an action in rem must be given by bond in Form No. 11 in Appendix B; and the sureties to the bond must enter into the bond before a commissioner for oaths or a solicitor exercising the powers of a commissioner for oaths under section 7A of the Legal Practitioners Ordinance (Cap 159) not being a solicitor who, or whose partner, is acting as solicitor or agent for the party on whose behalf the bail is to be given.

(2) Subject to paragraph (3), a surety to a bail bond must make an affidavit stating that he is able to pay the sum for which the bond is given.

(3) Where a corporation is a surety to a bail bond given on behalf of a party, no affidavit shall be made under paragraph (2) on behalf of the corporation unless the opposite party requires it, but where such an affidavit is required it must be made by a director, manager, secretary or other similar officer of the corporation.

(4) The party on whose behalf bail is given must serve on the opposite party a notice of bail containing the names and addresses of the persons who have given bail on his behalf and of the commissioner before whom the bail bond was entered into; and after the expiration of 24 hours from the service of the notice (or sooner with the consent of the opposite party) he may file the bond and must at the same time file the affidavits (if any) made under paragraph (2) and an affidavit proving due service of the notice of bail to which a copy of that notice must be exhibited.

17. Interveners (O. 75, r. 17)

(1) Where property against which an action in rem is brought is under arrest or money representing the proceeds of sale of that property is in court, a person who has an interest in that property or money but who is not a defendant to the action may, with the leave of the Court, intervene in the action.

(2) An application for the grant of leave under this rule must be made ex parte by affidavit showing the interest of the applicant in the property against which the action is brought or in the money in court.

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(3) A person to whom leave is granted under this rule shall thereupon become a party to the action. (4) The Court may order that a person to whom it grants leave to intervene in an action shall, within such

period or periods as may be specified in the order, serve on any other party to the action such notice of his intervention and such pleadings as may be so specified.

18. Preliminary acts (O. 75, r. 18)

(1) In an action to enforce a claim for damage, loss of life or personal injury arising out of a collision between ships, the following provisions of this rule shall apply unless the Court otherwise orders.

(2) The plaintiff must within 2 months after service of the writ on any defendant and the defendant must within 2 months of acknowledging issue or service of the writ file in the Registry a document in two parts (in these rules referred to as a preliminary act) containing a statement of the following-

Part One (i) the names of the ships which came into collision and their ports of registry; (ii) the length, breadth, gross tonnage, horsepower and draught at the material time of the ship and the

nature and tonnage of any cargo carried by the ship; (iii) the date and time (including the time zone) of the collision; (iv) the place of the collision; (v) the direction and force of the wind; (vi) the state of the weather; (vii) the state, direction and force of the tidal or other current; (viii) the position, the course steered and speed through the water of the ship when the other ship was first

seen or immediately before any measures were taken with reference to her presence, whichever was the earlier;

(ix) the lights or shapes (if any) carried by the ship; (x) (a) the distance and bearing of the other ship if and when her echo was first observed by radar;

(b) the distance, bearing and approximate heading of the other ship when first seen; (xi) what light or shape or combination of lights or shapes (if any) of the other ship was first seen; (xii) what other lights or shapes or combinations of lights or shapes (if any) of the other ship were

subsequently seen before the collision, and when; (xiii) what alterations (if any) were made to the course and speed of the ship after the earlier of the two

times referred to in article (viii) up to the time of the collision, and when, and what measures (if any) other than alterations of course or speed, were taken to avoid the collision, and when;

(xiv)the heading of the ship, the parts of each ship which first came into contact and the approximate angle between the two ships at the moment of contact;

(xv) what sound signals (if any) were given, and when; (xvi) what sound signals (if any) were heard from the other ship, and when. Part Two (i) a statement that the particulars in Part One are incorporated in Part Two; (ii) any other facts and matters upon which the party filing the preliminary act relies; (iii) all allegations of negligence or other fault which the party filing the preliminary act makes; (iv) the remedy or relief which the party filing the preliminary act claims.

(3) Part Two of the preliminary act shall be deemed to be the pleading of the person filing the preliminary act (in the case of the plaintiff his statement of claim and in the case of the defendant his defence and, where appropriate, his counterclaim) and the provisions of these rules relating to pleadings shall apply to it save insofar as this rule and rule 20 provide otherwise.

(4) The Court may order that Part Two of the preliminary act need not be filed by the plaintiff or defendant and give directions for the further conduct of the action.

(5) Every preliminary act shall before filing be sealed by the proper officer and be filed in a sealed envelope which shall not be opened except as provided in paragraph (7) or by order of the Court.

(6) A plaintiff must serve notice of filing his preliminary act on every defendant who acknowledges issue or service of the writ within 3 days of receiving notice of that acknowledgment or upon filing his preliminary act, whichever is the later. A defendant must, upon filing his preliminary act, serve notice that he has done so on the plaintiff and on every other defendant who has acknowledged issue or service of the writ.

(7) Any party may inspect and bespeak a copy of the preliminary act of any other party upon filing in the

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Registry a consent signed by that other party or his solicitor. (8) Order 18, rule 20 (close of pleadings) shall not apply; and for the purposes of Order 18, rule 14 (denial by

joinder of issue), Order 20, rule 3 (amendment of pleadings without leave) and Order 24, rules 1 and 2 (discovery of documents) the pleadings shall be deemed to be closed-

(a) at the expiration of 7 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 pursuant to leave given under rule 20; or

(b) if neither a reply nor a defence to counterclaim is served, at the expiration of 7 days after the last preliminary act in the action was served pursuant to paragraph (9).

(9) Within 14 days after the last preliminary act in the action is filed each party must serve on every other party a copy of his preliminary act.

(10) At any time after all preliminary acts have been filed any party may apply to the Court for an order that- (a) one or more parties file in the Registry particulars of the damages claimed by them and serve a copy

thereof on every other party; and (b) that the damages be assessed prior to or at the trial on liability.

The application must be made by summons to the Registrar even if it is made after the issue of a case management summons. (L.N. 152 of 2008)

(11) When an order is made under paragraph (10) the claim or claims concerned shall be treated as referred to the Registrar for assessment and rules 41 and 42 shall apply unless the Registrar otherwise directs.

(L.N. 404 of 1991)

19. Failure to lodge preliminary act: proceedings against party in default (O. 75, r. 19)

(1) Where in such an action as is referred to in rule 18(1) the plaintiff fails to lodge a preliminary act within the prescribed period, any defendant who has lodged such an act may apply to the Court by summons 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.

(2) Where in such an action, being an action in personam, a defendant fails to lodge a preliminary act within the prescribed period, Order 19, rules 2 and 3, shall apply as if the defendant's failure to lodge the preliminary act within that period were a failure by him to serve a defence on the plaintiff within the period fixed by or under these rules for service thereof, and the plaintiff, if he has lodged a preliminary act may, subject to Order 77, rule 9, accordingly enter judgment against that defendant in accordance with the said rule 2 or the said rule 3, as the circumstances of the case require.

(3) Where in such an action, being an action in rem, a defendant fails to lodge a preliminary act within the prescribed period, the plaintiff, if he has lodged such an act, may apply to the Court by motion for judgment against that defendant, and it shall not be necessary for the plaintiff to file or serve a statement of claim or an affidavit before the hearing of the motion.

(4) On the hearing of a motion under paragraph (3) the Court may make such order as it thinks just, and where the defendant does not appear on the hearing and the Court is of opinion that judgment should be given for the plaintiff provided he proves his case, it shall order the plaintiff's preliminary act to be opened and require the plaintiff to satisfy the Court that his claim is well founded.

The plaintiff's evidence may, unless the Court otherwise orders, be given by affidavit without any order or direction in that behalf.

(5) Where the plaintiff in accordance with a requirement under paragraph (4) satisfies the Court that his claim is well founded, the Court may give judgment for the claim with or without a reference to the Registrar and may at the same time order the property against which the action is brought to be appraised and sold and the proceeds to be paid into court or make such order as it thinks just.

(6) The Court may, on such terms as it thinks just, set aside any judgment entered in pursuance of this rule. (7) In this rule references to the prescribed period shall be construed as references to the period within which

by virtue of rule 18(2) or of any order of the Court the plaintiff or defendant, as the context of the reference requires, is required to lodge a preliminary act. (L.N. 404 of 1991)

20. Special provisions as to pleadings in collision, etc. actions (O. 75, r. 20)

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(1) Notwithstanding anything in Order 18, rule 3, the plaintiff in any such action as is referred to in rule 4(1) may not serve a reply or a defence to counterclaim on the defendant except with the leave of the Court. (L.N. 356 of 1988)

(2) Subject to paragraph (3), in any such action Order 18, rule 13(3) shall not apply to any allegation of fact in- (a) a statement of claim contained in Part Two of a preliminary act; or (b) a counterclaim (whether contained in Part Two of a preliminary act or not),

and notwithstanding Order 18, rule 14(3) but without prejudice to the other provisions of that rule, there is an implied joinder of issue on the statement of claim or counterclaim. (L.N. 404 of 1991)

(3) Paragraph (2) does not apply to a counterclaim if the plaintiff has served a defence to counterclaim pursuant to leave given under paragraph (1). (L.N. 404 of 1991)

21. Judgment by default (O. 75, r. 21)

(1) Where a writ is served under rule 8(4) on a party at whose instance a caveat against arrest was issued, then if-

(a) the sum claimed in the action begun by the writ does not exceed the amount specified in the undertaking given by that party or his solicitor to procure the entry of that caveat, and

(b) that party or his solicitor does not within 14 days after service of the writ fulfil the undertaking given by him as aforesaid,

the plaintiff may, after filing an affidavit verifying the facts on which the action is based, apply to the Court for judgment by default.

(2) Judgment given under paragraph (1) may be enforced by the arrest of the property against which the action was brought and by committal of the party at whose instance the caveat with respect to that property was entered.

(3) Where a defendant to an action in rem fails to acknowledge service of the writ within the time limited for doing so, then, on the expiration of 14 days after service of the writ and upon filing an affidavit proving due service of the writ, an affidavit verifying the facts on which the action is based and, if a statement of claim was not indorsed on the writ, a copy of the statement of claim, the plaintiff may apply to the Court for judgment by default.

Where the writ is deemed to have been duly served on the defendant by virtue of Order 10, rule 1(4), or was served by the bailiff or his substitute under rule 8 of this Order, an affidavit proving due service of the writ need not be filed under this paragraph, but the writ indorsed as mentioned in the said rule 1(4) or indorsed as mentioned in rule 8(3A) must be lodged with the affidavit verifying the facts on which the action is based.

(4) Where a defendant to an action in rem fails to serve a defence on the plaintiff, then, after the expiration of the period fixed by or under these rules for service of the defence and upon filing an affidavit stating that no defence was served on him by that defendant during that period, an affidavit verifying the facts on which the action is based and, if a statement of claim was not indorsed on the writ, a copy of the statement of claim, the plaintiff may apply to the Court for judgment by default.

(5) Where a defendant to a counterclaim in an action in rem fails to serve a defence to counterclaim on the defendant making the counterclaim, then, subject to paragraph (6), after the expiration of the period fixed by or under these rules for service of the defence to counterclaim and upon filing an affidavit stating that no defence to counterclaim was served on him by the first-mentioned defendant during that period, an affidavit verifying the facts on which the counterclaim is based and a copy of the counterclaim, the defendant making the counterclaim may apply to the Court for judgment by default.

(6) No application may be made under paragraph (5) against the plaintiff in any action to enforce a claim for damage, loss of life or personal injury arising out of a collision between ships or the carrying out of or omission to carry out a manoeuvre in the case of one or more of two or more ships or non-compliance on the part of one or more of two or more ships with the collision regulations.

(7) An application to the Court under this rule must be made by motion and if, on the hearing of the motion, the Court is satisfied that the applicant's claim is well founded it may give judgment for the claim with or without a reference to the Registrar and may at the same time order the property against which the action or, as the case may be, counterclaim is brought to be appraised and sold and the proceeds to be paid into court or may make such other order as it thinks just.

(8) In default actions in rem evidence may, unless the Court otherwise orders, be given by affidavit without any order or direction in that behalf.

(9) The Court may, on such terms as it thinks just, set aside or vary any judgment entered in pursuance of this rule.

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(10) Order 13 and Order 19 (except rule 1) shall not apply to actions in rem.

22. Order for sale of ship: determination of priority of claims (O. 75, r. 22)

(1) Where in an action in rem against a ship the Court has ordered the ship to be sold, any party who has obtained or obtains judgment against the ship or proceeds of sale of the ship may-

(a) in a case where the order for sale contains the further order referred to in paragraph (2), after the expiration of the period specified in the order under paragraph (2)(a), or

(b) in any other case, after obtaining judgment, apply to the Court by motion for an order determining the order of priority of the claims against the proceeds of sale of the ship.

(2) Where in an action in rem against a ship the Court orders the ship to be sold, it may further order- (a) that the order of priority of the claims against the proceeds of sale of the ship shall not be determined

until after the expiration of 90 days, or of such other period as the Court may specify, beginning with the day on which the proceeds of sale are paid into court;

(b) that any party to the action or to any other action in rem against the ship or the proceeds of sale thereof may apply to the Court in the action to which he is a party to extend the period specified in the Order;

(c) that within 7 days after the date of payment into court of the proceeds of sale the bailiff shall send for publication in the Gazette and such other newspaper, if any, as the Court may direct, a notice complying with paragraph (3).

(3) The notice referred to in paragraph (2)(c) must state- (a) that the ship (naming her) has been sold by order of the Court in an action in rem, identifying the

action; (b) that the gross proceeds of the sale, specifying the amount thereof, have been paid into court; (c) that the order of priority of the claims against the said proceeds will not be determined until after the

expiration of the period (specifying it) specified in the order for sale; and (d) that any person with a claim against the ship or the proceeds of sale thereof, on which he intends to

proceed to judgment should do so before the expiration of that period. (4) The bailiff must lodge in the Registry a copy of each newspaper in which the notice referred to in paragraph

(2)(c) appeared. (5) The expenses incurred by the bailiff in complying with an order of the Court under this rule shall be

included in his expenses relating to the sale of the ship. (6) An application to the Court to extend the period referred to in paragraph (2)(a) must be made by motion,

and a copy of the notice of motion must, at least 3 days before the day fixed for the hearing thereof, be served on each party who has begun an action in rem against the ship or the proceeds of sale thereof.

(7) In this rule "the Court" (法庭) means the judge in person.

23. Appraisement and sale of property (O. 75, r. 23)

(1) A commission for the appraisement and sale of any property under an order of the Court shall not be issued until the party applying for it has filed a praecipe in Form No. 12 in Appendix B.

(2) Such a commission must, unless the Court otherwise orders, be executed by the bailiff and must be in Form No. 13 in Appendix B.

(3) A commission for appraisement and sale shall not be executed until an undertaking in writing satisfactory to the bailiff to pay the fees and expenses of the bailiff on demand has been lodged in the bailiff's office.

(4) The bailiff shall pay into court the gross proceeds of the sale of any property sold by him under a commission for sale and shall bring into court the account relating to the sale (with vouchers in support) for taxation.

(5) On the taxation of the bailiff's account relating to a sale any person interested in the proceeds of the sale shall be entitled to be heard, and any decision of the Registrar made on the taxation to which objection is taken may be reviewed in the same manner and by the same persons as any decision of the Registrar made in taxation proceedings under Order 62, and rules 33 to 35 of that Order shall apply accordingly with the necessary modifications.

23A. Undertaking as to expenses, etc. (O. 75, r. 23A)

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(1) Every undertaking under rule 8(3), 10(3), 13(7) or 23(3) shall be given in writing to the satisfaction of the bailiff.

(2) Where a party is required by rule 8(3), 10(3), 13(7) or 23(3) to give to the bailiff an undertaking to pay any fees or expenses, the bailiff may require from time to time the deposit with him of such sum as he considers reasonable to meet those fees and expenses.

(3) The Court may, on the application of any party who is dissatisfied with a direction or determination of the bailiff under rule 13(7) or this rule, vary or revoke the direction or determination.

24. Payment into and out of court (O. 75, r. 24)

(1) Subject to this rule, Order 22 shall apply in relation to an Admiralty action (other than a limitation action) as it applies to an action for a debt or damages. (L.N. 152 of 2008)

(2) Subject to paragraphs (3) and (4), money paid into court shall not be paid out except in pursuance of an order of the judge in person.

(3) The Registrar may, with the consent of the parties interested in money paid into court, order the money to be paid out to the person entitled thereto in the following cases, that is to say-

(a) where a claim has been referred to the Registrar for decision and all the parties to the reference have agreed to accept the Registrar's decision and to the payment out of any money in court in accordance with that decision;

(b) where property has been sold and the proceeds of sale thereof paid into court and the parties are agreed as to the persons to whom the proceeds shall be paid and the amount to be paid to each of those persons;

(c) where in any other case there is no dispute between the parties. (4) Where in an Admiralty action money has been paid into court pursuant to an order made under Order 29,

rule 12, the Registrar may make an order under rule 13(1) of that Order for the money to be paid out to the person entitled thereto.

25. Case management summons (O. 75, r. 25) (L.N. 152 of 2008)

(1) Order 25 shall apply to Admiralty actions (other than limitation actions) as it applies to other actions, except that-

(a) the case management summons shall be returnable in not less than 7 weeks; (b) any notice under Order 25, rule 7(1), must be served within 21 days after service of the case

management summons on the party giving the notice; and (c) unless a judge in person otherwise directs, the case management summons shall be heard by a judge in

person. On or before the day on which any party serves on any other party a notice under Order 75, rule 7, he must lodge 2 copies of the notice in the Registry.

(2) An order made on the case management summons shall determine whether the trial is to be without assessors or with one or more assessors.

(3) The trial shall be before a judge without a jury unless, on the ground that there are special reasons to the contrary, an order made on the case management summons otherwise provides.

(5) Any such order or direction as is referred to in paragraph (2) or (3) (including an order made on appeal) may be varied or revoked by a subsequent order or direction made or given at or before the trial by the judge in person or, with the judge's consent by the Registrar.

(L.N. 152 of 2008)

26. Fixing date for trial, etc. (O. 75, r. 26)

(1) Subject to paragraph (2), the date for trial of an Admiralty action shall be fixed by the judge at the hearing of the case management summons, unless a judge in person otherwise directs. (L.N. 152 of 2008)

(2) Where an action is ordered to be tried without pleadings or a case management summons is directed to be heard by the Registrar the date for trial shall be fixed by the Registrar. (L.N. 152 of 2008)

(3) Order 34 shall apply to Admiralty actions subject to the following and any other necessary modifications-

Cap 4A - THE RULES OF THE HIGH COURT 244

(a) the bundles referred to in rule 3(1) shall include any preliminary acts and any particulars filed pursuant to an order under rule 18(10)(a) of this Order, and where trial with one or more assessors has been ordered an additional bundle shall be lodged for the use of each assessor; (L.N. 404 of 1991)

(b) "the proper officer" (恰當人員) shall mean the chief judicial clerk of the Registry; and (c) in an action which has been ordered to be tried with an assessor or assessors the solicitor to the party

setting it down must file in the Registry an undertaking to pay the proper fee and expenses of such assessor or assessors.

(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 filing in the Registry a written consent to the action being withdrawn signed by all the parties.

27. Stay of proceedings in collision, etc. actions until security given (O. 75, r. 27)

Where an action in rem, being an action to enforce any such claim as is referred to in rule 2(l)(a), is begun and a cross action in rem arising out of the same collision or other occurrence as the first mentioned action is subsequently begun, or a counterclaim arising out of that occurrence is made in the first mentioned action, then-

(a) if the ship in respect of or against which the first mentioned action is brought has been arrested or security given to prevent her arrest, but

(b) the ship in respect of or against which the cross action is brought or the counterclaim made cannot be arrested and security has not been given to satisfy any judgment given in favour of the party bringing the cross action or making the counterclaim,

the Court may stay proceedings in the first mentioned action until security is given to satisfy any judgment given in favour of that party.

28. Inspection of ship, etc. (O. 75, r. 28)

Without prejudice to its powers under Order 29, rules 2 and 3, and Order 35, rule 8, the Court may, on the application of any party, make an order for the inspection by the assessors (if the action is tried with assessors), or by any party or witness, of any ship or other property, whether real or personal, the inspection of which may be necessary or desirable for the purpose of obtaining full information or evidence in connection with any issue in the action.

30. Examination of witnesses and other persons (O. 75, r. 30)

(1) The power conferred by Order 39, rule 1, shall extend to the making of an order authorizing the examination of a witness or person on oath before a judge sitting in court as if for the trial of the cause or matter, without that cause or matter having been set down for trial or called on for trial.

(2) The power conferred by the said rule 1 shall also extend to the making of an order, with the consent of the parties, providing for the evidence of a witness being taken as if before an examiner, but without an examiner actually being appointed or being present.

(3) Where an order is made under paragraph (2), it may make provision for any consequential matters and, subject to any provision so made, the following provisions shall have effect-

(a) the party whose witness is to be examined shall provide a shorthand writer to take down the evidence of the witness;

(b) any representative, being counsel or solicitor, of either of the parties shall have authority to administer the oath to the witness;

(c) the shorthand writer need not himself be sworn but shall certify in writing as correct a transcript of his notes of the evidence and deliver it to the solicitor for the party whose witness was examined, and that solicitor must file it in the Registry;

(d) unless the parties otherwise agree or the Court otherwise orders, the transcript or a copy thereof shall, before the transcript is filed, be made available to the counsel or other persons who acted as advocates at the examination, and if any of those persons is of opinion that the transcript does not accurately represent the evidence he shall make a certificate specifying the corrections which in his opinion should be made therein, and that certificate must be filed with the transcript.

(4) In actions in which preliminary acts fall to be filed under rule 18, an order shall not be made under Order

Cap 4A - THE RULES OF THE HIGH COURT 245

39, rule 1, authorizing any examination of a witness before the preliminary acts have been filed, unless for special reasons the Court thinks fit so to direct.

31. Trial without pleadings (O. 75, r. 31)

Order 18, rule 21 shall apply to Admiralty as it applies to other actions except that the summons must be served on every other party not less than 7 days before the day specified in the summons for the hearing thereof.

32. Further provisions with respect to evidence (O. 75, r. 32)

(3) (Repealed 2 of 1999 s. 6) (7) Unless the Court otherwise directs, an affidavit for the purposes of rule 19(4), 21 or 38(2) may, except in so

far as it relates to the service of a writ, contain statements of information or belief with the sources and grounds thereof.

33. Proceedings for apportionment of salvage (O. 75, r. 33)

(1) Proceedings for the apportionment of salvage the aggregate amount of which has already been ascertained shall be begun by originating motion.

(3) On the hearing of the motion the judge may exercise any of the jurisdiction conferred by section 556 of the Merchant Shipping Act 1894 (1984 c. 60 U.K.)#.

34. Notice of motion in actions in rem (O. 75, r. 34)

(1) The affidavits, if any, in support of a motion in an action in rem must be filed in the Registry before the notice of motion is issued, unless the Court gives leave to the contrary.

(2) A notice of motion, except a motion for judgment in default, must be served on all caveators together with copies of the affidavits, if any, in support of the motion 2 clear days at least before the hearing, unless the Court gives leave to the contrary.

35. Agreement between solicitors may be made order of court (O. 75, r. 35)

(1) Any agreement in writing between the solicitors of the parties to a cause or matter, dated and signed by those solicitors, may, if the Registrar thinks it reasonable and such as the judge would under the circumstances allow, be filed in the Registry, and the agreement shall thereupon become an order of court and have the same effect as if such order had been made by the judge in person.

37. Limitation action: parties (O. 75, r. 37)

(1) In a limitation action the person seeking relief shall be the plaintiff and shall be named in the writ by his name and not described merely as the owner of, or as bearing some other relation to, a particular ship or other property.

(2) The plaintiff must make one of the persons with claims against him in respect of the casualty to which the action relates defendant to the action and may make any or all of the others defendants also.

(3) At least one of the defendants to the action must be named in the writ by his name but the other defendants may be described generally and not named by their names.

(4) The writ must be served on one or more of the defendants who are named by their names therein and need not be served on any other defendant.

(5) In this rule and rules 38, 39 and 40 "name" (姓名或名稱) includes a firm name or the name under which a person carries on his business, and where any person with a claim against the plaintiff in respect of the casualty to which the action relates has described himself for the purposes of his claim merely as the owner of, or as bearing some other relation to, a ship or other property, he may be so described as defendant in the writ and, if so described, shall be

Cap 4A - THE RULES OF THE HIGH COURT 246

deemed for the purposes of the rules aforesaid to have been named in the writ by his name.

38. Limitation action: summons for decree or directions (O. 75, r. 38)

(1) Within 7 days after the acknowledgment of issue or service of the writ by one of the defendants named therein by their names or, if none of them acknowledges issue or service, within 7 days after the time limited for acknowledging service, the plaintiff, without serving a statement of claim, must take out a summons returnable in chambers before the Registrar asking for a decree limiting his liability or, in default of such a decree, for directions as to the further proceedings in the action.

(2) The summons must be supported by an affidavit or affidavits proving- (a) the plaintiff's case in the action, and (b) if none of the defendants named in the writ by their names has acknowledged service, service of the

writ on at least one of the defendants so named. (3) The affidavit in support of the summons must state-

(a) the names of all the persons who, to the knowledge of the plaintiff, have claims against him in respect of the casualty to which the action relates, not being defendants to the action who are named in the writ by their names, and

(b) the address of each of those persons, if known to the plaintiff. (4) The summons and every affidavit in support thereof must, at least 7 clear days before the hearing of the

summons, be served on any defendant who has acknowledged issue or service of the writ. (5) On the hearing of the summons the Registrar, if it appears to him that it is not disputed that the plaintiff has

a right to limit his liability, shall make a decree limiting the plaintiff's liability and fix the amount to which the liability is to be limited.

(6) On the hearing of the summons the Registrar, if it appears to him that any defendant has not sufficient information to enable him to decide whether or not to dispute that the plaintiff has a right to limit his liability, shall give such directions as appear to him to be appropriate for enabling the defendant to obtain such information and shall adjourn the hearing.

(7) If on the hearing or resumed hearing of the summons the Registrar does not make a decree limiting the plaintiff's liability, he shall give such directions as to the further proceedings in the action as appear to him to be appropriate including, in particular, a direction requiring the taking out of a case management summons under Order 25 and, if he gives no such direction, a direction fixing the period within which any notice under Order 38, rule 21, must be served. (L.N. 152 of 2008)

(8) Any defendant who, after the Registrar has given directions under paragraph (7), ceases to dispute the plaintiff's right to limit his liability must forthwith file a notice to that effect in the Registry, and serve a copy on the plaintiff and on any other defendant who has acknowledged issue or service of the writ.

(9) If every defendant who disputes the plaintiff's right to limit his liability serves a notice on the plaintiff under paragraph (8), the plaintiff may take out a summons returnable in chambers before the Registrar, asking for a decree limiting his liability; and paragraphs (4) and (5) shall apply to a summons under this paragraph as they apply to a summons under paragraph (1).

39. Limitation action: proceedings under decree (O. 75, r. 39)

(1) Where the only defendants in a limitation action are those named in the writ by their names and all the persons so named have either been served with the writ or acknowledged the issue thereof, any decree in the action limiting the plaintiff's liability (whether made by the Registrar or on the trial of the action)-

(a) need not be advertised, but (b) shall only operate to protect the plaintiff in respect of claims by the persons so named or persons

claiming through or under them. (2) In any case not falling within paragraph (1), any decree in the action limiting the plaintiff's liability-

(a) shall be advertised by the plaintiff in such manner and within such time as may be provided by the decree;

(b) shall fix a time within which persons with claims against the plaintiff in respect of the casualty to which the action relates may file their claims, and, in cases to which rule 40 applies, take out a

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summons, if they think fit, to set the order aside. (3) The advertisement to be required under paragraph (2)(a) shall, unless for special reasons the Registrar

thinks fit otherwise to provide, be a single advertisement in each of 3 newspapers specified in the decree, identifying the action, the casualty and the relation of the plaintiff thereto (whether as owner of a ship involved in the casualty or otherwise as the case may be), stating that the decree has been made and specifying the amounts fixed thereby as the limits of the plaintiff's liability and the time allowed thereby for the filing of claims and the taking out of summonses to set the decree aside.

The plaintiff must within the time fixed under paragraph (2)(b) file in the Registry a copy of each newspaper in which the advertisement required under paragraph (2)(a) appears.

(4) The time to be allowed under paragraph (2)(b) shall, unless for special reasons the Registrar thinks fit otherwise to provide, be not less than 2 months from the latest date allowed for the appearance of the advertisements; and after the expiration of the time so allowed no claim may be filed or summons taken out to set aside the decree except with the leave of the Registrar.

(5) Save as aforesaid, any decree limiting the plaintiff's liability (whether made by the Registrar or on trial of the action) may make any such provisions as is authorized by section 504 of the Merchant Shipping Act, 1894 (1894 c. 60 U.K.) #.

40. Limitation action: proceedings to set aside decree (O. 75, r. 40)

(1) Where a decree limiting the plaintiff's liability (whether made by Registrar or on trial of the action) fixes a time in accordance with rule 39(2), any person with a claim against the plaintiff in respect of the casualty to which the action relates, who-

(a) was not named by his name in the writ as a defendant to the action, or (b) if so named, neither was served with the writ nor has acknowledged the issue thereof,

may, within that time, after acknowledging issue of the writ, take out a summons returnable in chambers before the Registrar, asking that the decree be set aside.

(2) The summons must be supported by an affidavit or affidavits showing that the defendant in question has a bona fide claim against the plaintiff in respect of the casualty in question and that he has sufficient prima facie grounds for the contention that the plaintiff is not entitled to the relief given him by the decree.

(3) The summons and every affidavit in support thereof must, at least 7 clear days before the hearing of the summons, be served on the plaintiff and any defendant who has acknowledged issue or service of the writ.

(4) On the hearing of the summons the Registrar, if he is satisfied that the defendant in question has a bona fide claim against the plaintiff and sufficient prima facie grounds for the contention that the plaintiff is not entitled to the relief given him by the decree, shall set the decree aside and give such directions as to the further proceedings in the action as appear to him to be appropriate including, in particular, a direction requiring the taking out of a case management summons under Order 25. (L.N. 152 of 2008)

41. References to Registrar (O. 75, r. 41)

(1) Any party (hereafter in this rule referred to as the "claimant") making a claim which is referred to the Registrar for decision must within 2 months after the order is made, or, in a limitation action, within such other period as the Court may direct, file his claim and, unless the reference is in such an action, serve a copy of the claim on every other party.

(2) At any time after the claimant's claim has been filed or, where the reference is in a limitation action, after the expiration of the time limited by the Court for the filing of claims but, in any case, not less than 28 days before the day appointed for the hearing of the reference, any party to the cause or matter may apply to the Registrar by case management summons as to the proceedings on the reference, and the Registrar shall give such directions, if any, as he thinks fit including, without prejudice to the generality of the foregoing words, a direction requiring any party to serve on any claimant, within such period as the Registrar may specify, a defence to that claimant's claim. (L.N. 152 of 2008)

(3) The reference shall be heard on a day appointed by the Registrar and, unless the reference is in a limitation action or the parties to the reference consent to the appointment of a particular day, the appointment must be made by order on an application by summons made by any party to the cause or matter.

(4) An appointment for the hearing of a reference shall not be made until after the claimant has filed his claim

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or, where the reference is in a limitation action, until after the expiration of the time limited by the Court for the filing of claims.

(5) Not later than 7 days after an appointment for the hearing of a reference has been made the claimant or, where the reference is in a limitation action, the plaintiff must enter the reference for hearing by lodging in the Registry a praecipe requesting the entry of the reference in the list for hearing on the day appointed.

(6) Not less than 14 days before the day appointed for the hearing of the reference the claimant must file- (a) a list, signed by him and every other party, of the items (if any) of his claim which are not disputed,

stating the amount (if any) which he and the other parties agree should be allowed in respect of each such item, and

(b) such affidavits or other documentary evidence as is required to support the items of his claim which are disputed;

and, unless the reference is in a limitation action, he must at the same time serve on every other party a copy of every document filed under this paragraph.

(7) If the claimant fails to comply with paragraph (1) or (6)(b), the Court may, on the application of any other party to the cause or matter, dismiss the claim.

42. Hearing of reference (O. 75, r. 42)

(1) Unless a judge in person otherwise orders, a reference shall be heard in public. (2) The Registrar may adjourn the hearing of a reference from time to time as he thinks fit. (3) Subject to paragraph (2), evidence may be given orally or by affidavit or in such other manner as may be

agreed upon. (4) When the hearing of the reference has been concluded, the Registrar shall-

(a) reduce to writing his decision on the question arising in the reference (including any order as to costs) and cause it to be filed;

(b) cause to be filed either with his decision or subsequently such statement (if any) of the grounds of the decision as he thinks fit; and

(c) send to the parties to the reference notice that he has done so. (5) Where no statement of the grounds of the Registrar's decision is filed with his decision and no intimation

has been given by the Registrar that he intends to file such a statement later, any party to the reference may, within 14 days after the filing of the decision, make a written request to the Registrar to file such a statement.

43. Objection to decision on reference (O. 75, r. 43)

(1) Any party to a reference to the Registrar may, by motion in objection, apply to set aside or vary the decision of the Registrar on the reference, but notice of the motion, specifying the points of objection to the decision, must be filed within 28 days after the date on which notice of the filing of the decision was sent to that party under rule 42(4) or, if a notice of the filing of a statement of the grounds of the decision was subsequently sent to him thereunder, within 28 days after the date on which the notice was sent.

(2) The decision of the Registrar shall be deemed to be given on the date on which it is filed, but, unless he or the judge otherwise directs, the decision shall not be acted upon until the time has elapsed for filing notice of a motion in objection thereto.

(3) A direction shall not be given under paragraph (2) without the parties being given an opportunity of being heard but may, if the Registrar announces his intended decision at the conclusion of the hearing of the reference, be incorporated in his decision as reduced to writing under rule 42(4).

45. Drawing up and entry of judgments and orders (O. 75, r. 45)

Every judgment given or order made in an Admiralty cause or matter, except an order which by virtue of Order 42, rule 4, is not required to be drawn up, shall be drawn up in the Registry and shall be entered by an officer of the Registry in the book kept for the purpose.

46. Inspection of documents filed in Registry (O. 75, r. 46)

Cap 4A - THE RULES OF THE HIGH COURT 249

___________________________________________________________________

(1) Order 63, rule 4, shall apply in relation to documents filed in the Registry. (2) For the purpose of Order 63, rule 4, a decree made by the Registrar in a limitation action and a decision and

any statement of the grounds of that decision filed under rule 42 shall be deemed to have been made or given in court. (Enacted 1988)

Note: # Please also see following-

(a) in relation to the Merchant Shipping Act 1894, Part 3 of Schedule 5 to Cap 415 and s. 1 of Schedule 2 to Cap 508;

(b) in relation to the Merchant Shipping Acts 1894 to 1979, s. 117 of Cap 281, s. 103 of Cap 415 and s. 142 of Cap 478.

Order: 76 CONTENTIOUS PROBATE PROCEEDINGS L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

1. Application and interpretation (O. 76, r. 1)

(1) This Order applies to probate causes and matters, and the other provisions of these rules apply to those causes and matters including applications for the rectification of a will subject to the provisions of this Order.

(2) In these rules "probate action" (遺囑認證訴訟) means an action for the grant of probate of the will, or letters of administration of the estate, of a deceased person or for the revocation of such a grant or for a decree pronouncing for or against the validity of an alleged will, not being an action which is non-contentious or common form probate business.

(3) In this Order, "will" (遺囑) includes a codicil.

2. Requirements in connection with issue of writ (O. 76, r. 2)

(1) A probate action may be begun by writ. (L.N. 152 of 2008) (2) Before a writ beginning a probate action is issued it must be indorsed with a statement of the nature of the

interest of the plaintiff and of the defendant in the estate of the deceased to which the action relates.

3. Parties to action for revocation of grant (O. 76, r. 3)

Every person who is entitled or claims to be entitled to administer the estate of a deceased person under or by virtue of an unrevoked grant of probate of his will or letters of administration of his estate shall be made a party to any action for revocation of the grant.

4. Lodgment of grant in action for revocation (O. 76, r. 4)

(1) Where, at the commencement of an action for the revocation of a grant of probate of the will or letters of administration of the estate of a deceased person, the probate or letters of administration, as the case may be, have not been lodged in court, then-

(a) if the action is commenced by a person to whom the grant was made, he shall lodge the probate or letters of administration in the Registry within 7 days after the issue of the writ;

(b) if any defendant to the action has the probate or letters of administration in his possession or under his control, he shall lodge it or them in the Registry within 14 days after the service of the writ upon him.

(2) Any person who fails to comply with paragraph (1) may, on the application of any party to the action, be ordered by the Court to lodge the probate or letters of administration in the Registry within a specified time; and any person against whom such an order is made shall not be entitled to take any step in the action without the leave of the Court until he has complied with the order.

5. Affidavit of testamentary scripts (O. 76, r. 5)

Cap 4A - THE RULES OF THE HIGH COURT 250

(1) Unless the Court otherwise directs, the plaintiff and every defendant who has acknowledged service of the writ in a probate action must swear an affidavit-

(a) describing any testamentary script of the deceased person, whose estate is the subject of the action, of which he has any knowledge or, if such be the case, stating that he knows of no such script; and

(b) if any such script of which he has knowledge is not in his possession or under his control, giving the name and address of the person in whose possession or under whose control it is or, if such be the case, stating that he does not know the name or address of that person.

(2) Any affidavit required by this rule must be filed, and an office copy thereof and any testamentary script referred to therein which is in the possession or under the control of the deponent, must be lodged in the Registry within 14 days after the acknowledgment of service by a defendant to the action or, if no defendant acknowledges service and the Court does not otherwise direct, before an order is made for the trial of the action.

(3) Where any testamentary script required by this rule to be lodged in the Registry or any part thereof is written in pencil, then, unless the Court otherwise directs, a facsimile copy of that script, or of the page or pages thereof containing the part written in pencil, must also be lodged in the Registry and the words which appear in pencil in the original must be underlined in red ink in the copy.

(4) Except with the leave of the Court, a party to a probate action shall not be allowed to inspect an affidavit filed, or any testamentary script lodged, by any other party to the action under this rule, unless and until an affidavit sworn by him containing the information referred to in paragraph (1) has been filed.

(5) In this rule "testamentary script" (遺囑性質的文稿) means a will or draft thereof, written instructions for a will made by or at the request or under the instructions of the testator and any document purporting to be evidence of the contents, or to be a copy, of a will which is alleged to have been lost or destroyed.

6. Failure to acknowledge service (O. 76, r. 6)

(1) Order 13 shall not apply in relation to a probate action. (2) Where any of several defendants to a probate action fails to acknowledge service of the writ, the plaintiff

may, after the time for acknowledging service has expired and upon filing an affidavit proving due service of the writ, or notice of the writ, on that defendant proceed with the action as if that defendant had acknowledged service.

(3) Where the defendant, or all the defendants, to a probate action, fails or fail to acknowledge service of the writ, then, unless on the application of the plaintiff the Court orders the action to be discontinued, the plaintiff may after the time limited for acknowledging service by the defendant apply to the Court for an order for trial of the action.

(4) Before applying for an order under paragraph (3) the plaintiff must file an affidavit proving due service of the writ, or notice of the writ, on the defendant and, if no statement of claim is indorsed on the writ, he must lodge a statement of claim in the judge's chambers.

(5) Where the Court grants an order under paragraph (3), it may direct the action to be tried on affidavit evidence.

7. Service of statement of claim (O. 76, r. 7)

The plaintiff in a probate action must, unless the Court gives leave to the contrary or unless a statement of claim is indorsed on the writ, serve a statement of claim on every defendant who acknowledges service of the writ in the action and must do so before the expiration of 6 weeks after acknowledgment of service by that defendant or of 8 days after the filing by that defendant of an affidavit under rule 5, whichever is the later.

8. Counterclaim (O. 76, r. 8)

(1) Notwithstanding anything in Order 15, rule 2(1), a defendant to a probate action who alleges that he has any claim or is entitled to any relief or remedy in respect of any matter relating to the grant of probate of the will, or letters of administration of the estate, of the deceased person which is the subject of the action must add to his defence a counterclaim in respect of that matter.

(2) If the plaintiff fails to serve a statement of claim, any such defendant may, with the leave of the Court, serve a counterclaim and the action shall then proceed as if the counterclaim were the statement of claim.

9. Contents of pleadings (O. 76, r. 9)

Cap 4A - THE RULES OF THE HIGH COURT 251

(1) Where the plaintiff in a probate action disputes the interest of a defendant he must allege in his statement of claim that he denies the interest of that defendant.

(2) In a probate action in which the interest by virtue of which a party claims to be entitled to a grant of letters of administration is disputed, the party disputing that interest must show in his pleading that if the allegations made therein are proved he would be entitled to an interest in the estate.

(3) Without prejudice to Order 18, rule 7, any party who pleads that at the time when a will, the subject of the action, was alleged to have been executed the testator did not know and approve of its contents must specify the nature of the case on which he intends to rely, and no allegation in support of that plea which would be relevant in support of any of the following other pleas, that is to say-

(a) that the will was not duly executed; (b) that at the time of the execution of the will the testator was not of sound mind, memory and

understanding; and (c) that the execution of the will was obtained by undue influence or fraud,

shall be made by that party unless that other plea is also pleaded.

10. Default of pleadings (O. 76, r. 10)

(1) Order 19 shall not apply in relation to a probate action. (2) Where any party to a probate action fails to serve on any other party a pleading which he is required by

these rules to serve on that other party, then, unless the Court orders the action to be discontinued or dismissed, that other party may, after the expiration of the period fixed by or under these rules for service of the pleading in question, apply to the Court for an order for trial of the action; and if an order is made the Court may direct the action to be tried on affidavit evidence.

11. Discontinuance and dismissal (O. 76, r. 11)

(1) Order 21 shall not apply in relation to a probate action. (2) At any stage of the proceedings in a probate action the Court may, on the application of the plaintiff or of

any party to the action who has acknowledged service of the writ therein, order the action to be discontinued or dismissed on such terms as to costs or otherwise as it thinks just, and may further order that a grant of probate of the will, or letters of administration of the estate, of the deceased person, as the case may be, which is the subject of the action, be made to the person entitled thereto.

(3) An application for an order under this rule may be made by summons or by notice under Order 25, rule 7. (L.N. 152 of 2008)

12. Compromise of action: trial on affidavit evidence (O. 76, r. 12)

Where, whether before or after the service of the defence in a probate action, the parties to the action agree to a compromise, the Court may order the trial of the action on affidavit evidence.

13. Application for order to bring in will, etc. (O. 76, r. 13)

(1) Any application in a probate action for an order under section 7(1) of the Probate and Administration Ordinance (Cap 10) shall be for an order requiring a person to bring a will or other testamentary paper into the Registry or to attend in court for examination.

(2) An application under paragraph (1) shall be made by summons in the action, which must be served on the person against whom the order is sought.

(3) Any application in a probate action for the issue of a subpoena under section 7(3) of the Probate and Administration Ordinance (Cap 10) shall be for the issue of a subpoena requiring a person to bring into the Registry a will or other testamentary paper.

(4) An application under paragraph (3) may be made ex parte and must be supported by an affidavit setting out the grounds of the application.

(5) An application under paragraph (3) shall be made to a master who may, if the application is granted, authorize the issue of a subpoena accordingly.

Cap 4A - THE RULES OF THE HIGH COURT 252

(6) Any person against whom a subpoena is issued under section 7(3) of the Probate and Administration Ordinance (Cap 10) and who denies that the will or other testamentary paper referred to in the subpoena is in his possession or under his control may file an affidavit to that effect.

14. Administration pendente lite (O. 76, r. 14)

(1) An application under section 40 of the Probate and Administration Ordinance (Cap 10) for an order for the grant of administration may be made by summons.

(2) Where an order for a grant of administration is made under the said section 40, Order 30, rules 2, 4 and 6 and (subject to section 60 of the Probate and Administration Ordinance (Cap 10)) rule 3 shall apply as if the administrator were a receiver appointed by the Court.

15. Probate counterclaim in other proceedings (O. 76, r. 15)

(1) In this rule "probate counterclaim" (遺囑認證反申索) means a counterclaim in any action other than a probate action by which the defendant claims any such relief as is mentioned in rule 1(2).

(2) Subject to the following paragraphs, this Order shall apply with the necessary modifications to a probate counterclaim as it applies to a probate action.

(3) A probate counterclaim must contain a statement of the nature of the interest of the defendant and of the plaintiff in the estate of the deceased to which the counterclaim relates.

(4) Before it is served a probate counterclaim must be indorsed with a memorandum signed by a master showing that the counterclaim has been produced to him for examination and that three copies of it have been lodged with him.

16. Rectification of wills (O. 76, r. 16)

(1) Where an application is made for rectification of a will, and the grant has not been lodged in court, rule 4 shall apply, with the necessary modifications, as if the proceedings were a probate action.

(2) A copy of every order made for the rectification of a will shall be sent to the principal Registry for filing, and a memorandum of the order shall be endorsed on, or permanently annexed to, the grant under which the estate is administered.

(Enacted 1988)

Order: 77 PROCEEDINGS BY AND AGAINST THE CROWN L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

Expanded Cross Reference:

45, 46, 47, 48, 49, 49B, 50, 51, 52

1. Application and interpretation (O. 77, r. 1)

(1) These rules apply to civil proceedings to which the Crown is a party subject to the following rules of this Order.

(2) In this Order- "civil proceedings by the Crown" (由官方提出的民事法律程序) and "civil proceedings against the Crown" (針對

官方提出的民事法律程序) have the same respective meanings as in Part III of the Crown Proceedings Ordinance (Cap 300), and do not include any of the proceedings specified in section 19(3) of that Ordinance;

"civil proceedings to which the Crown is a party" (以官方作為一方的民事法律程序) has the same meaning as it has for the purposes of Part V of the Crown Proceedings Ordinance (Cap 300), by virtue of section 2(4) of that Ordinance;

"order against the Crown" (針對官方的命令) means any order (including an order for costs) made in any civil proceedings by or against the Crown, or in connection with any arbitration to which the Crown is a party, in

Cap 4A - THE RULES OF THE HIGH COURT 253

favour of any person against the Crown or against a government department or against an officer of the Crown as such;

"order" (命令) includes a judgment, decree, rule, award or declaration.

3. Particulars to be included in indorsement of claim (O. 77, r. 3)

(1) In the case of a writ which begins proceedings against the Crown the indorsement of claim required by Order 6, rule 2, shall include a statement of the circumstances in which the Crown's liability is alleged to have arisen and as to the government department and officers of the Crown concerned.

(2) If in civil proceedings against the Crown a defendant considers that the writ does not contain a sufficient statement as required by this rule, he may, before the expiration of the time limited for acknowledging service of the writ, apply to the plaintiff by notice for a further and better statement containing such information as may be specified in the notice.

(3) Where a defendant gives a notice under this rule, the time limited for acknowledging service of the writ shall not expire until 4 days after the defendant has notified the plaintiff in writing that the defendant is satisfied with the statement supplied in compliance with the notice, or 4 days after the Court has, on the application of the plaintiff by summons served on the defendant not less than 7 days before the return day, decided that no further information as to the matters referred to in paragraph (1) is reasonably required.

4. Service on the Crown (O. 77, r. 4)

(1) Order 10, Order 11 and any other provision of these rules relating to service out of the jurisdiction shall not apply in relation to the service of any process by which civil proceedings against the Crown are begun. (HK)(2) Personal service of any document required to be served on the Crown for the purpose of or in connection with any civil proceedings is not requisite; but where the proceedings are by or against the Crown service on the Crown must be effected by service on the Secretary for Justice. (L.N. 362 of 1997)

(3) In relation to the service of any document required to be served on the Crown for the purpose of or in connection with any civil proceedings by or against the Crown, Order 65, rules 5 and 9, shall not apply, and Order 65, rule 7, shall apply as if the reference therein to rules 2 and 5(1)(a) of that Order were a reference to paragraph (2) of this rule.

6. Counterclaim and set-off (O. 77, r. 6)

(1) Notwithstanding Order 15, rule 2, and Order 18, rules 17 and 18, a person may not in any proceedings by the Crown make any counterclaim or plead a set-off if the proceedings are for the recovery of, or the counterclaim or set-off arises out of a right or claim to repayment in respect of, any taxes, duties or penalties.

(2) Notwithstanding Order 15, rule 2, and Order 18, rules 17 and 18, no counterclaim may be made, or set-off pleaded, without the leave of the Court, by the Crown in proceedings against the Crown, or by any person in proceedings by the Crown-

(a) if the Crown is sued or sues in the name of a government department and the subject-matter of the counterclaim or set-off does not relate to that department; or

(b) if the Crown is sued or sues in the name of the Secretary for Justice. (L.N. 362 of 1997) (3) Any application for leave under this rule must be made by summons.

7. Summary judgment (O. 77, r. 7)

(1) No application shall be made against the Crown- (a) under Order 14, rule 1, or Order 86, rule 1, in any proceedings against the Crown; (b) under Order 14, rule 5, in any proceedings by the Crown; or (c) under Order 14A, rule 1, in any proceedings by or against the Crown. (L.N. 165 of 1992)

(2) Where an application is made by the Crown under Order 14, rule 1, Order 14, rule 5, or Order 86, rule 1, the affidavit required in support of the application must be made by-

(a) the solicitor acting for the Crown, or (b) an officer duly authorized by the solicitor so acting or by the department concerned;

Cap 4A - THE RULES OF THE HIGH COURT 254

and the affidavit shall be sufficient if it states that in the deponent's belief the applicant is entitled to the relief claimed and there is no defence to the claim or part of a claim to which the application relates or no defence except as to the amount of any damages claimed.

9. Judgment in default (O. 77, r. 9)

(1) Except with the leave of the Court, no judgment in default of notice of intention to defend or of pleading shall be entered against the Crown in civil proceedings against the Crown or in third party proceedings against the Crown.

(2) Except with the leave of the Court, Order 16, rule 5(1)(a), shall not apply in the case of third party proceedings against the Crown.

(3) An application for leave under this rule may be made by summons and the summons must be served not less than 7 days before the return day. (L.N. 152 of 2008)

10. Third party notices (O. 77, r. 10)

(1) Notwithstanding anything in Order 16, a third party notice (including a notice issuable by virtue of Order 16, rule 9) for service on the Crown shall not be issued without the leave of the Court, and the application for the grant of such leave must be made by summons, and the summons must be served on the plaintiff and the Crown.

(2) Leave to issue such a notice for service on the Crown shall not be granted unless the Court is satisfied that the Crown is in possession of all such information as it reasonably requires as to the circumstances in which it is alleged that the liability of the Crown has arisen and as to the departments and officers of the Crown concerned.

11. Interpleader: application for order against Crown (O. 77, r. 11)

No order shall be made against the Crown under Order 17, rule 5(3), except upon an application by summons served not less than 7 days before the return day.

12. Discovery and interrogatories (O. 77, r. 12)

(1) Order 24, rules 1 and 2, shall not apply in civil proceedings to which the Crown is a party. (2) In any civil proceedings to which the Crown is a party any order of the Court made under the power

conferred by section 24(1) of the Crown Proceedings Ordinance (Cap 300), shall be construed as not requiring the disclosure of the existence of any document the existence of which it would, in the opinion of the Chief Secretary for Administration, be injurious to the public interest to disclose. (L.N. 362 of 1997)

(3) Where in any such proceedings an order of the Court directs that a list of documents made in answer to an order for discovery against the Crown shall be verified by affidavit, the affidavit shall be made by such officer of the Crown as the Court may direct.

(4) Where in any such proceedings an order is made under the said section 24 for interrogatories to be answered by the Crown, the Court shall direct by what officer of the Crown the interrogatories are to be answered.

(5) (Repealed L.N. 404 of 1991)

14. Evidence (O. 77, r. 14)

(1) Civil proceedings against the Crown may be instituted under Order 39, rule 15, in any case in which the Crown is alleged to have an interest or estate in the honour, title, dignity or office or property in question.

(2) For the avoidance of doubt it is hereby declared that any powers exercisable by the Court in regard to the taking of evidence are exercisable in proceedings between subjects.

15. Execution and satisfaction of orders (O. 77, r. 15)

(1) Nothing in Orders 45 to 52 shall apply in respect of any order against the Crown. (See App. A, Form 96) <* Note - Exp. X-Ref.: Orders 45, 46, 47, 48, 49, 49B, 50, 51, 52*>

(2) An application under the proviso to subsection (1) of section 21 of the Crown Proceedings Ordinance (Cap

Cap 4A - THE RULES OF THE HIGH COURT 255

300), for a direction that a separate certificate shall be issued under that subsection with respect to the costs (if any) ordered to be paid to the applicant, may be made to the Court ex parte without summons.

(3) Any such certificate must be in Form No. 95 or 96 in Appendix A, whichever is appropriate.

16. Attachment of debts, etc. (O. 77, r. 16)

(1) No order- (a) for the attachment of debts under Order 49, or (b) for the appointment of a sequestrator under Order 45, or (c) for the appointment of a receiver under Order 30 or 51,

shall be made or have effect in respect of any money due or accruing due, or alleged to be due or accruing due, from the Crown.

(1A)No application shall be made under paragraph (2) unless the order of the Court to be enforced is for a sum of money amounting in value to at least $5000.

(2) Every application to the Court for an order under section 23(1) of the Crown Proceedings Ordinance (Cap 300), restraining any person from receiving money payable to him by the Crown and directing payment of the money to the applicant or some other person must be made by summons and, unless the Court otherwise directs, served-

(a) on the Crown at least 15 days before the return day, and (b) on the person to be restrained or his solicitor at least 7 days after the summons has been served on the

Crown and at least 7 days before the return day. (2A)An application under paragraph (2) must be supported by an affidavit-

(a) setting out the facts giving rise to the application; (b) stating the name and last known address of the person to be restrained; (c) identifying the order to be enforced and stating the amount of such order and the amount remaining

unpaid under it at the time of the application, and (d) identifying the particular debt from the Crown in respect of which the application is made.

(3) Order 49, rules 5 and 6, shall apply in relation to such an application as is mentioned in paragraph (2) for an order restraining a person from receiving money payable to him by the Crown as those rules apply to an application under Order 49, rule 1, for an order for the attachment of a debt owing to any person from a garnishee, except that the Court shall not have power to order execution to issue against the Crown.

17. Proceedings relating to postal packets (O. 77, r. 17)

(1) An application by any person under section 7(3) of the Crown Proceedings Ordinance (Cap 300), for leave to bring proceedings in the name of the sender or addressee of a postal packet or his personal representatives must be made by originating summons.

(2) The Crown and the person in whose name the applicant seeks to bring proceedings must be made defendants to a summons under this rule.

(3) A summons under this rule shall be in Form No. 10 in Appendix A.

18. Applications under section 25 of Crown Proceedings Ordinance (O. 77, r. 18)

(2) An application such as is referred to in section 25(2) of the Crown Proceedings Ordinance (Cap 300) may be made to the Court at any time before trial by summons, or may be made at the trial of the proceedings.

(L.N. 152 of 2008) (Enacted 1988)

Order: 78 DISTRICT COURT PROCEEDINGS TRANSFERRED OR REMOVED TO COURT OF FIRST INSTANCE

L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

DISTRICT COURT PROCEEDINGS TRANSFERRED OR REMOVED TO COURT OF FIRST INSTANCE

(25 of 1998 s. 2)

Cap 4A - THE RULES OF THE HIGH COURT 256

1. Application and interpretation (O. 78, r. 1)

(1) This Order applies where an order has been made under section 41 or 42 of the District Court Ordinance (Cap 336), for the transfer, or under section 15 of the Crown Proceedings Ordinance (Cap 300), for the removal, of proceedings from the District Court to the Court of First Instance. (25 of 1998 s. 2; 28 of 2000 s. 45)

(2) Where only the proceedings on a counterclaim are transferred, this Order shall apply as if the party setting up the counterclaim were the plaintiff and the party resisting it the defendant, and references in this Order to the plaintiff and the defendant shall be construed accordingly.

(3) References in the following provisions of this Order to the plaintiff and the defendant shall, in relation to proceedings begun in the District Court otherwise than by writ, be construed as references to the applicant and the respondent respectively.

(L.N. 152 of 2008)

2. Duties of officer (O. 78, r. 2)

On receipt by the Registrar of the documents relating to the transfer or removal, the Registrar must forthwith- (L.N. 356 of 1988; L.N. 152 of 2008)

(a) file the said documents and make an entry of the filing thereof in the cause book, (c) give notice to all parties to the proceedings in the District Court that the action is proceeding in the

Court of First Instance and that the defendant is required to acknowledge service of the notice in writing. (L.N. 152 of 2008)

(25 of 1998 s. 2)

3. Acknowledgment of service (O. 78, r. 3)

(1) The defendant must, within 7 days after receipt of the notice referred to in rule 2, acknowledge service in writing of the notice of transfer or removal. (L.N. 152 of 2008)

(2) Where the defendant has not, before the proceedings are transferred or removed to the Court, acknowledged service of the writ or the originating summons by which the proceedings were begun in the District Court, he shall file an acknowledgement of service in accordance with Order 12, rules 1, 3, 5 and 9 within 14 days after receipt of the notice referred to in rule 2. (L.N. 152 of 2008)

4. Judgment on failure to give notice of intention to defend (O. 78, r. 4)

(1) If the defendant fails, or all the defendants (if more than one) fail, to give notice of intention to defend within the period prescribed by rule 3(2), the plaintiff, after having caused an address for service to be entered in the cause book, may, with the leave of the Court, enter judgment against the defendant or defendants, as the case may be, with costs.

(2) An application for leave under this rule must be made by summons which must, notwithstanding anything in Order 65, rule 9, be served on the defendant, and the address for service of the defendant shall be his address for service in the proceedings in the District Court.

(L.N. 152 of 2008)

5. Case management summons or summary judgment (O. 78, r. 5)

(L.N. 152 of 2008)

(1) Unless the plaintiff has entered judgment against a defendant under rule 4(1) or has entered judgment (final or interlocutory) or applied for judgment against a defendant under Order 19, the plaintiff must, within 7 days after a notice under rule 2 is given, cause an address for service to be entered in the cause book and either- (L.N. 152 of 2008)

(a) take out and serve on the defendant a case management summons returnable in not less than 21 days, or

Cap 4A - THE RULES OF THE HIGH COURT 257

(b) except where the defendant is the Crown, make an application under Order 14, rule 1, for judgment against the defendant;

and where a summons is served on the defendant under sub-paragraph (a) Order 25, rules 2 to 7, shall, with any necessary modifications, apply as if that summons were a case management summons under that Order.

(2) If the plaintiff fails either to take out such a summons, or make such an application, as is referred to in paragraph (1) within the period prescribed thereby the defendant or any defendant may take out such a summons or may apply for an order dismissing the action.

(3) On the hearing of an application to dismiss the action the Court may either dismiss the action on such terms as may be just or may deal with the application as if it were a case management summons.

(L.N. 152 of 2008) (Enacted 1988)

Order: 79 TRIBUNAL PROCEEDINGS TRANSFER OR REMOVAL TO THE COURT OF FIRST INSTANCE

25 of 1998 01/07/1997

Remarks: Adaptation amendments retroactively made - see 25 of 1998 s. 2

TRIBUNAL PROCEEDINGS TRANSFER OR REMOVAL TO THE COURT OF FIRST INSTANCE

(25 of 1998 s. 2)

1. Tribunal proceedings; transfer or removal to the Court of First Instance (O. 79, r. 1)

(HK) Save as is otherwise provided by Ordinance or rules of court when a matter is transferred or removed from a tribunal to the Court of First Instance it shall be set down before a master who shall make such directions as he sees fit for the further conduct of the proceedings.

(Enacted 1988. 25 of 1998 s. 2)

Order: 80 DISABILITY L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

1. Interpretation (O. 80, r. 1)

In this Order- "mentally incapacitated person" (精神上無行為能力的人) means a mentally disordered person or a mentally

handicapped person (within the meaning of the Mental Health Ordinance (Cap 136)) who, by reason of mental disorder or mental handicap, as the case may be, is incapable of managing and administering his property and affairs; (81 of 1997 s. 59)

"the Ordinance" (條例) means the Mental Health Ordinance (Cap 136); "person under disability" (無行為能力的人) means a person who is a minor or a mentally incapacitated person. (81

of 1997 s. 59) (81 of 1997 s. 59)

2. Person under disability must sue, etc. by next friend or guardian ad litem (O. 80, r. 2)

(1) A person under disability may not bring, or make a claim in, any proceedings except by his next friend and may not acknowledge service, defend, make a counterclaim or intervene in any proceedings, or appear in any proceedings under a judgment or order notice of which has been served on him, except by his guardian ad litem.

(2) Subject to the provision of these rules, anything which in the ordinary conduct of any proceedings is required or authorized by a provision of these rules to be done by a party to the proceedings shall or may, if the party

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is a person under disability, be done by his next friend or guardian ad litem. (3) Except where the Official Solicitor is acting as next friend or guardian ad litem, a next friend or guardian ad

litem of a person under disability must act by a solicitor. (L.N. 375 of 1991)

3. Appointment of next friend or guardian ad litem (O. 80, r. 3)

(2) Except as provided by paragraph (4) or (5) or by rule 6, an order appointing a person next friend or guardian ad litem of a person under disability is not necessary.

(3) Where a person is authorized under Part II of the Ordinance to conduct legal proceedings in the name of a mentally incapacitated person or on his behalf, that person shall be entitled to be next friend or guardian ad litem, as the case may be, of the mentally incapacitated person in any proceedings to which his authority extends unless, in a case to which paragraph (4) or (5) or rule 6 applies, some other person is appointed by the Court under that paragraph or rule to be next friend or guardian ad litem, as the case may be, of the mentally incapacitated person in those proceedings. (81 of 1997 s. 59)

(4) Where a person has been or is next friend or guardian ad litem of a person under disability in any proceedings, no other person shall be entitled to act as such friend or guardian, as the case may be, of the person under disability in those proceedings unless the Court makes an order appointing him such friend or guardian in substitution for the person previously acting in that capacity.

(5) Where, after any proceedings have been begun, a party to the proceedings becomes a mentally incapacitated person, an application must be made to the Court for the appointment of a person to be next friend or guardian ad litem, as the case may be, of that party. (81 of 1997 s. 59)

(6) Except where the next friend or guardian ad litem, as the case may be, of a person under disability has been appointed by the Court-

(a) the name of any person shall not be used in a cause or matter as next friend of a person under disability,

(b) service shall not be acknowledged in a cause or matter for a person under disability, and (c) a person under disability shall not be entitled to appear by his guardian ad litem on the hearing of a

petition, summons or motion which, or notice of which, has been served on him, unless and until the documents listed in paragraph (8) have been filed in the Registry.

(8) The documents referred to in paragraph (6) are the following- (a) a written consent to be next friend or guardian ad litem, as the case may be, of the person under

disability in the cause or matter in question given by the person proposing to be such friend or guardian; and

(b) where the person proposing to be such friend or guardian of the person under disability, being a mentally incapacitated person, is authorized under Part II of the Ordinance to conduct the proceedings in the cause or matter in question in the name of the mentally incapacitated person or on his behalf, an office copy, sealed with the seal of the High Court, of the order or other authorization made or given under the said Part II by virtue of which he is so authorized; and (25 of 1998 s. 2)

(c) except where the person proposing to be such friend or guardian of the person under disability, being a mentally incapacitated person, is authorized as mentioned in sub-paragraph (b) a certificate made by the solicitor for the person under disability certifying- (i) that he knows or believes, as the case may be, that the person to whom the certificate relates is a

minor or a mentally incapacitated person, giving (in the case of a mentally incapacitated person) the grounds of his knowledge or belief; and

(ii) where the person under disability is a mentally incapacitated person, that there is no person authorized as aforesaid; and

(iii) except where the person named in the certificate as next friend or guardian ad litem, as the case may be, is the Official Solicitor, that the person so named has no interest in the cause or matter in question adverse to that of the person under disability. (L.N. 375 of 1991; 81 of 1997 s. 59)

6. Appointment of guardian where person under disability does not acknowledge service (O. 80, r. 6)

(1) Where-

Cap 4A - THE RULES OF THE HIGH COURT 259

(a) in an action against a person under disability begun by writ, or by originating summons, no acknowledgment of service is given in the action for that person, or

(b) the defendant to an action serves a defence and counterclaim on a person under disability who is not already a party to the action, and no acknowledgment of service is given for that person,

an application for the appointment by the Court of a guardian ad litem of that person must be made by the plaintiff or defendant, as the case may be, after the time limited (as respects that person) for acknowledging service and before proceeding further with the action or counterclaim.

(2) Where a party to an action has served on a person under disability who is not already a party to the action a third party notice within the meaning of Order 16 and no acknowledgment of service is given for that person to the notice, an application for the appointment by the Court of a guardian ad litem of that person must be made by that party after the time limited (as respects that person) for acknowledging service and before proceeding further with the third party proceedings.

(3) Where in any proceedings against a person under disability begun by petition or motion, that person does not appear by a guardian ad litem at the hearing of the petition or motion, as the case may be, the Court hearing it may appoint a guardian ad litem of that person in the proceedings or direct that an application be made by the petitioner or applicant, as the case may be, for the appointment of such a guardian.

(5) An application under paragraph (1) or (2) must be supported by evidence proving- (a) that the person to whom the application relates is a person under disability, (b) that the person proposed as guardian ad litem is willing and a proper person to act as such and has no

interest in the proceedings adverse to that of the person under disability, (c) that the writ, originating summons, defence and counterclaim or third party notice, as the case may be,

was duly served on the person under disability, and (d) subject to paragraph (6), that notice of the application was, after the expiration of the time limited for

acknowledging service and at least 7 days before the day named in the notice for hearing of the application, so served on him.

(6) If the Court so directs, notice of an application under paragraph (1) or (2) need not be served on a person under disability.

(7) An application for the appointment of a guardian ad litem made in compliance with a direction of the Court given under paragraph (3) must be supported by evidence proving the matters referred to in paragraph (5)(b).

7. Application to discharge or vary certain orders (O. 80, r. 7)

An application to the Court on behalf of a person under disability served with an order made ex parte under Order 15, rule 7, for the discharge or variation of the order must be made-

(a) if a next friend or guardian ad litem is acting for that person in the cause or matter in which the order is made, within 14 days after the service of the order on that person;

(b) if there is no next friend or guardian ad litem acting for that person in that cause or matter, within 14 days after the appointment of such a friend or guardian to act for him.

8. Admission not to be implied from pleading of person under disability (O. 80, r. 8)

Notwithstanding anything in Order 18, rule 13(1), a person under disability shall not be taken to admit the truth of any allegation of fact made in the pleading of the opposite party by reason only that he has not traversed it in his pleadings.

9. Discovery and interrogatories (O. 80, r. 9)

Orders 24 and 26 shall apply to a person under disability and to his next friend or guardian ad litem.

10. Compromise, etc., by person under disability (O. 80, r. 10)

Where in any proceedings money is claimed by or on behalf of a person under disability, no settlement,

Cap 4A - THE RULES OF THE HIGH COURT 260

compromise or payment and no acceptance of money paid into court, whenever entered into or made, shall so far as it relates to that person's claim be valid without the approval of the Court.

11. Approval of settlement (O. 80, r. 11)

(1) Where, before proceedings in which a claim for money is made by or on behalf of a person under disability (whether alone or in conjunction with any other person) are begun, an agreement is reached for the settlement of the claim, and it is desired to obtain the Court's approval to the settlement, then the claim may be made in proceedings begun by originating summons, and in the summons an application may also be made for- (L.N. 152 of 2008)

(a) the approval of the Court to the settlement and such orders or directions as may be necessary to give effect to it or as may be necessary or expedient under rule 12, or

(b) alternatively, directions as to the further prosecution of the claim. (2) Where in proceedings under this rule a claim is made under the Fatal Accidents Ordinance (Cap 22), the

originating summons must include the particulars mentioned in section 5(4) of the Fatal Accidents Ordinance (Cap 22).

(4) An originating summons under this rule shall be in Form No. 10 in Appendix A. (5) In this rule "settlement" (和解) includes a compromise.

12. Control of money recovered by person under disability (O. 80, r. 12)

(1) Where in any proceedings- (a) money is recovered by or on behalf of, or adjudged or ordered or agreed to be paid to, or for the benefit

of, a person under disability, or (b) money paid into court is accepted by or on behalf of a plaintiff who is a person under disability,

the money shall be dealt with in accordance with directions given by the Court, under this rule and not otherwise. (2) Directions given under this rule may provide that the money shall, as to the whole or any part thereof, be

paid into the Court and invested or otherwise dealt with there. (3) Without prejudice to the foregoing provisions of this rule, directions given under this rule may include any

general or special directions that the Court thinks fit to give and, in particular, directions as to how the money is to be applied or dealt with and as to any payment to be made, either directly or out of the amount paid into court and whether before or after the money is transferred to or paid into a District Court, to the plaintiff, or to the next friend in respect of moneys paid or expenses incurred for or on behalf or for the benefit of the person under disability or for his maintenance or otherwise for his benefit or to the plaintiff's solicitor in respect of costs.

(4) Where in pursuance of directions given under this rule money is paid into the Court of First Instance to be invested or otherwise dealt with there, the money (including any interest thereon) shall not be paid out, nor shall any securities in which the money is invested, or the dividends thereon, be sold, transferred or paid out of court, except in accordance with an order of the Court. (25 of 1998 s. 2)

(5) The foregoing provisions of this rule shall apply in relation to a counterclaim by or on behalf of a person under disability, as if for references to a plaintiff and a next friend there were substituted references to a defendant and to a guardian ad litem respectively. (81 of 1997 s. 59)

13. Provisions supplementary to rule 12 (O. 80, r. 13)

(HK)(3) Where money is ordered to be transferred to or paid into a District Court, the Registrar shall send a sealed copy of the judgment or order to the Registrar of the District Court.

15. Proceedings under Fatal Accidents Ordinance: apportionment by Court (O. 80, r. 15)

(1) Where a single sum of money is paid into court under Order 22, in satisfaction of 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), and that sum is accepted, the money shall be apportioned between the different causes of action by the Court either when giving directions for dealing with it under rule 12 (if that rule applies) or when authorizing its payment out of court.

Cap 4A - THE RULES OF THE HIGH COURT 261

(2) Where, in an action in which a claim under the Fatal Accidents Ordinance (Cap 22) is made by or on behalf of more than one person, a sum in respect of damages is adjudged or ordered or agreed to be paid in satisfaction of the claim, or a sum of money paid into court under Order 22, is accepted in satisfaction of the cause of action under the said Ordinance, then, unless the sum has been apportioned between the persons entitled thereto by a jury, it shall be apportioned between those persons by the Court.

The reference in this paragraph to a sum of money paid into court shall be construed as including a reference to part of a sum so paid, being the part apportioned by the Court under paragraph (1) to the cause of action under the said Ordinances.

(L.N. 152 of 2008)

16. Service of certain documents on person under disability (O. 80, r. 16)

(1) Where in any proceedings a document is required to be served personally or in accordance with Order 10, rule 1(2) on any person and that person is a person under disability this rule shall apply.

(2) Subject to the following provisions of this rule and to Order 24, rule 16(3) and Order 26, rule 6(3) the document must be served-

(a) in the case of a minor who is not also a mentally incapacitated person, on his father or guardian or, if he has no father or guardian, on the person with whom he resides or in whose care he is;

(b) in the case of a mentally incapacitated person, on the person (if any) who is authorized under Part II of the Ordinance to conduct in the name of the mentally incapacitated person or on his behalf the proceedings in connection with which the document is to be served or, if there is no person so authorized, on the person with whom he resides or in whose care he is;

and must be served in the manner required by these rules with respect to the document in question. (81 of 1997 s. 59) (3) Notwithstanding anything in paragraph (2), the Court may order that a document which has been, or is to

be, served on the person under disability or on a person other than a person mentioned in that paragraph shall be deemed to be duly served on the person under disability.

(4) A judgment or order requiring a person to do, or refrain from doing, any act, a notice of motion or summons for the committal of any person, and a writ of subpoena against any person, must, if that person is a person under disability, be served personally on him unless the Court otherwise orders.

This paragraph shall not apply to an order for interrogatories or for discovery or inspection of documents. (Enacted 1988)

Order: 81 PARTNERS 25 of 1998 01/07/1997

Remarks: Adaptation amendments retroactively made - see 25 of 1998 s. 2

1. Actions by and against firms within jurisdiction (O. 81, r. 1)

Subject to the provisions of any written law, any 2 or more persons claiming to be entitled, or alleged to be liable, as partners in respect of a cause of action and carrying on business within the jurisdiction may sue, or be sued, in the name of the firm (if any) of which they were partners at the time when the cause of action accrued.

2. Disclosure of partners' names (O. 81, r. 2)

(1) Any defendant to an action brought by partners in the name of a firm may serve on the plaintiffs or their solicitor a notice requiring them or him forthwith to furnish the defendant with a written statement of the names and places of residence of all the persons who were partners in the firm at the time when the cause of action accrued; and if the notice is not complied with the Court may order the plaintiffs or their solicitor to furnish the defendant with such a statement and to verify it on oath or otherwise as may be specified in the order, or may order that further proceedings in the action be stayed on such terms as the Court may direct.

(2) When the names of the partners have been declared in compliance with a notice or order given or made under paragraph (1), the proceedings shall continue in the name of the firm but with the same consequences as would

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have ensued if the persons whose names have been so declared had been named as plaintiffs in the writ. (3) Paragraph (1) shall have effect in relation to an action brought against partners in the name of a firm as it

has effect in relation to an action brought by partners in the name of a firm but with the substitution, for references to the defendant and the plaintiffs, of references to the plaintiff and the defendants respectively, and with the omission of the words "or may order" to the end.

3. Service of writ (O. 81, r. 3)

(1) Where by virtue of rule 1 partners are sued in the name of a firm, the writ may, except in the case mentioned in paragraph (3), be served-

(a) on any one or more of the partners, or (b) at the principal place of business of the partnership within the jurisdiction, on any person having at the

time of service the control or management of the partnership business there, or (c) by sending a copy of the writ by registered post (in accordance with Order 10, rule 1(2)) to the firm at

the principal place of business of the partnership within the jurisdiction; (L.N. 165 of 1992) and, subject to paragraph (2), where service of the writ is effected in accordance with this paragraph, the writ shall be deemed to have been duly served on the firm, whether or not any member of the firm is out of the jurisdiction.

(2) Where a writ is served on a firm in accordance with paragraph (1)(c)- (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 the firm, and (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 the firm at the address in question, will have come to the knowledge of one of the persons mentioned in paragraph (1)(a) or (b) within 7 days thereafter, and

(ii) the copy of the writ has not been returned to the plaintiff through the post undelivered to the addressee.

(3) Where a partnership has, to the knowledge of the plaintiff, been dissolved before an action against the firm is begun, the writ by which the action is begun must be served on every person within the jurisdiction sought to be made liable in the action.

(4) Every person on whom a writ is served under paragraph (1)(a) or (b) must at the time of service be given a written notice stating whether he is served as a partner or as a person having the control or management of the partnership business or both as a partner and as such a person; and any person on whom a writ is so served but to whom no such notice is given shall be deemed to be served as a partner.

4. Acknowledgment of service in an action against firm (O. 81, r. 4)

(1) Where persons are sued as partners in the name of their firm, service may not be acknowledged in the name of the firm but only by the partners thereof in their own names, but the action shall nevertheless continue in the name of the firm.

(2) Where in an action against a firm the writ by which the action is begun is served on a person as a partner, that person, if he denies that he was a partner or liable as such at any material time, may acknowledge service of the writ and state in his acknowledgment that he does so as a person served as a partner in the defendant firm but who denies that he was a partner at any material time.

An acknowledgment of service given in accordance with this paragraph shall, unless and until it is set aside, be treated as an acknowledgment by the defendant firm.

(3) Where an acknowledgment of service has been given by a defendant in accordance with paragraph (2), then-

(a) the plaintiff may either apply to the Court to set it aside on the ground that the defendant was a partner or liable as such at a material time or may leave that question to be determined at a later stage of the proceedings;

(b) the defendant may either apply to the Court to set aside the service of the writ on him on the ground that he was not a partner or liable as such at a material time or may at the proper time serve a defence on the plaintiff denying in respect of the plaintiff's claim either his liability as a partner or the liability

Cap 4A - THE RULES OF THE HIGH COURT 263

of the defendant firm or both. (4) The Court may at any stage of the proceedings in an action in which a defendant has acknowledged service

in accordance with paragraph (2), on the application of the plaintiff or of that defendant, order that any question as to the liability of that defendant or as to the liability of the defendant firm be tried in such manner and at such time as the Court directs.

(5) Where in an action against a firm the writ by which the action is begun is served on a person as a person having the control or management of the partnership business, that person may not acknowledge service of the writ unless he is a member of the firm sued.

5. Enforcing judgment or order against firm (O. 81, r. 5)

(1) Where a judgment is given or order made against a firm, execution to enforce the judgment or order may, subject to rule 6, issue against any property of the firm within the jurisdiction.

(2) Where a judgment is given or order made against a firm, execution to enforce the judgment or order may, subject to rule 6 and to the next following paragraph, issue against any person who-

(a) acknowledged service of the writ in the action as a partner, or (b) having been served as a partner with the writ of summons, failed to acknowledge service of it in the

action, or (c) admitted in his pleading that he is a partner, or (d) was adjudged to be a partner.

(3) Execution to enforce a judgment or order given or made against a firm may not issue against a member of the firm who was out of the jurisdiction when the writ of summons was issued unless he-

(a) acknowledged service of the writ in the action as a partner, or (b) was served within the jurisdiction with the writ as a partner, or (c) was, with the leave of the Court given under Order 11, served out of the jurisdiction with the writ as a

partner; and, except as provided by paragraph (1) and by the foregoing provisions of this paragraph, a judgment or order given or made against a firm shall not render liable, release or otherwise affect a member of the firm who was out of the jurisdiction when the writ was issued.

(4) Where a party who has obtained a judgment or order against a firm claims that a person is liable to satisfy the judgment or order as being a member of the firm, and the foregoing provisions of this rule do not apply in relation to that person, that party may apply to the Court for leave to issue execution against that person, the application to be made by summons which must be served personally on that person.

(5) Where the person against whom an application under paragraph (4) is made does not dispute his liability, the Court hearing the application may, subject to paragraph (3), give leave to issue execution against that person, and, where that person disputes his liability, the Court may order that the liability of that person be tried and determined in any manner in which any issue or question in an action may be tried and determined.

6. Enforcing judgment or order in actions between partners, etc. (O. 81, r. 6)

(1) Execution to enforce a judgment or order given or made in- (a) an action by or against a firm in the name of the firm against or by a member of the firm, or (b) an action by a firm in the name of the firm against a firm in the name of the firm where those firms

have one or more members in common, shall not issue except with the leave of the Court.

(2) The Court hearing an application under this rule may give such directions, including directions as to the taking of accounts and the making of inquiries, as may be just.

7. Attachment of debts owed by firm (O. 81, r. 7)

(1) An order may be made under Order 49, rule 1, in relation to debts due or accruing due from a firm carrying on business within the jurisdiction notwithstanding that one or more members of the firm is resident out of the jurisdiction.

(2) An order to show cause under the said rule 1 relating to such debts as aforesaid must be served on a

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member of the firm within the jurisdiction or on some other person having the control or management of the partnership business.

(3) Where an order made under the said rule 1 requires a firm to appear before the Court, an appearance by a member of the firm constitutes a sufficient compliance with the order.

8. Actions begun by originating summons (O. 81, r. 8)

Rules 2 to 7 shall, with the necessary modifications, apply in relation to an action by or against partners in the name of their firm begun by originating summons as they apply in relation to such an action begun by writ.

9. Application to person carrying on business in another name (O. 81, r. 9)

An individual carrying on business within the jurisdiction in a name or style other than his own name, may, whether or not he is within the jurisdiction, be sued in that name or style as if it were the name of a firm, and rules 2 to 8 shall, so far as applicable, apply as if he were a partner and the name in which he carries on business were the name of his firm.

10. Applications for orders charging partner's interest in partnership property, etc. (O. 81, r. 10)

(1) Every application to the Court by a judgment creditor of a partner for an order under section 25 of the Partnership Ordinance (Cap 38) (which authorizes the Court of First Instance or a judge thereof to make certain orders on the application of a judgment creditor of a partner, including an order charging the partner's interest in the partnership property), and every application to the Court by a partner of the judgment debtor made in consequence of the first-mentioned application, must be made by summons. (25 of 1998 s. 2)

(2) A master may exercise the powers conferred on a judge by the said section 25. (3) Every summons issued by a judgment creditor under this rule, and every order made on such a summons,

must be served on the judgment debtor and on such of his partners as are within the jurisdiction. (4) Every summons issued by a partner of a judgment debtor under this rule, and every order made on such a

summons, must be served- (a) on the judgment creditor, and (b) on the judgment debtor, and (c) on such of the other partners of the judgment debtor as do not join in the application and are within the

jurisdiction. (5) A summons or order served in accordance with this rule on some only of the partners shall be deemed to

have been served on all the partners of the partnership. (Enacted 1988)

Order: 82 DEFAMATION ACTIONS L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

1. Application (O. 82, r. 1)

These rules apply to actions for libel or slander subject to the following rules of this Order.

2. Indorsement of claim in libel action (O. 82, r. 2)

Before a writ in an action for libel is issued it must be indorsed with a statement giving sufficient particulars of the publications in respect of which the action is brought to enable them to be identified.

3. Obligation to give particulars (O. 82, r. 3)

(1) Where in an action for libel or slander the plaintiff alleges that the words or matters complained of were

Cap 4A - THE RULES OF THE HIGH COURT 265

used in a defamatory sense other than their ordinary meaning, he must give particulars of the facts and matters on which he relies in support of such sense.

(2) Where in an action for libel or slander the defendant alleges that, in so far as the words complained of consist of statements of fact, they are true in substance and in fact, and in so far as they consist of expressions of opinion, they are fair comment on a matter of public interest, or pleads to the like effect, he must give particulars stating which of the words complained of he alleges are statements of fact and of the facts and matters he relies on in support of the allegation that the words are true.

(3) Where in an action for libel or slander the plaintiff alleges that the defendant maliciously published the words or matters complained of, he need not in his statement of claim give particulars of the facts on which he relies in support of the allegation of malice, but if the defendant pleads that any of those words or matters are fair comment on a matter of public interest or were published on a privileged occasion and the plaintiff intends to allege that the defendant was actuated by express malice, he must serve a reply giving particulars of the facts and matters from which the malice is to be inferred.

(4) This rule shall apply in relation to a counterclaim for libel or slander as if the party making the counterclaim were the plaintiff and the party against whom it is made the defendant.

4. Provisions as to payment into court (O. 82, r. 4)

(1) Where in an action for libel or slander against several defendants sued jointly the plaintiff, in accordance with Order 22, accepts money paid into court by any of those defendants in satisfaction of his cause of action against that defendant, then, notwithstanding anything in that Order, the action shall be stayed as against that defendant only, but- (L.N. 152 of 2008)

(a) the sum recoverable under any judgment given in the plaintiff's favour against any other defendant in the action by way of damages shall not exceed the amount (if any) by which the amount of the damages exceeds the amount paid into court by the defendant as against whom the action has been stayed, and

(b) the plaintiff shall not be entitled to his costs of the action against the other defendant after the date of the payment into court unless either the amount of the damages awarded to him is greater than the amount paid into court and accepted by him or the judge is of opinion that there was reasonable ground for him to proceed with the action against the other defendant.

(2) Where in an action for libel a party pleads the defence for which section 4 of the Defamation Ordinance (Cap 21) provides, Order 22, rule 25, shall not apply in relation to that pleading. (L.N. 152 of 2008)

5. Statement in open court (O. 82, r. 5)

(1) Where a party wishes to accept money paid into court in satisfaction of a cause of action for libel or slander, malicious prosecution or false imprisonment, that party may before or after accepting the money apply to a judge in chambers by summons for leave to make in open court a statement in terms approved by the judge.

(2) Where a party to an action for libel or slander, malicious prosecution or false imprisionment which is settled before trial desires to make a statement in open court, an application must be made to the Court for an order that an action be set down for trial, and before the date fixed for the trial a statement must be submitted for the approval of the judge before whom it is to be made.

(L.N. 404 of 1991)

6. Interrogatories not allowed in certain cases (O. 82, r. 6)

In an action for libel or slander where the defendant pleads that the words or matters complained of are fair comment on a matter of public interest or were published on a privileged occasion, no interrogatories as to the defendant's sources of information or grounds of belief shall be allowed.

7. Evidence in mitigation of damages (O. 82, r. 7)

In an action for libel or slander in which the defendant does not by his defence assert the truth of the statement complained of, the defendant shall not be entitled on the trial to give evidence in chief, with a view to mitigation of

Cap 4A - THE RULES OF THE HIGH COURT 266

damages, as to the circumstances under which the libel or slander was published, or as to the character of the plaintiff, without the leave of the judge, unless 7 days at least before the trial he furnishes particulars to the plaintiff of the matters as to which he intends to give evidence.

8. Fulfilment of offer of amends under section 25 of the Defamation Ordinance (O. 82, r. 8)

(1) An application to the Court under section 25 of the Defamation Ordinance (Cap 21) to determine any question as to the steps to be taken in fulfilment of an offer of amends made under that section must, unless the application is made in the course of proceedings for libel or slander in respect of the publication to which the offer relates, be made before a judge in chambers.

(2) An originating summons by which such an application is made shall be in Form No. 10 in Appendix A. (Enacted 1988)

Order: 83A MONEY LENDERS' ACTIONS L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

(HK) ORDER 83A

MONEY LENDERS' ACTIONS

1. Application and interpretation (O. 83A, r. 1)

(1) These rules apply to a money lender's action subject to the following rules of this Order. (2) In these rules-

"money lender" (放債人) has the meaning assigned to it by section 2 of the Money Lenders Ordinance (Cap 163); "money lender's action" (放債人訴訟) means an action for the recovery of money lent by a money lender or for the

enforcement of any agreement or security relating to money so lent, being an action brought by the lender or an assignee.

2. Commencement of money lender's action (O. 83A, r. 2)

(1) Every money lender's action may be begun by writ. (L.N. 152 of 2008) (2) Before a writ beginning a money lender's action is issued it must be indorsed with a statement that at the

time of the making of the loan or contract or the giving of the security in question the lender was licensed as a money lender.

3. Particulars to be included in statement of claim (O. 83A, r. 3)

Every statement of claim in a money lender's action (whether indorsed on the writ or not) must state- (a) the date on which the loan was made; (b) the amount actually lent to the borrower; (c) the rate per cent per annum of interest charged; (d) the date when the contract for repayment was made; (g) the amount repaid; (h) the amount due but unpaid; (i) the date upon which such unpaid sum or sums became due; and (j) the amount of interest accrued due and unpaid on every such sum.

4. Judgment on failure to give notice of intention to defend or in default of defence (O. 83A, r. 4)

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(1) In a money lender's action judgment on failure to give notice of intention to defend or in default of defence shall not be entered except with the leave of the Court.

(2) (a) An application for the grant of leave under this rule must be made by summons supported by an affidavit which must- (i) prove that the money is due and payable; (ii) give the particulars required by rules 2 and 3; and (iii) exhibit a true copy of any agreement or security relating to the money lent, and the original agreement or security must be produced at the hearing of the summons.

(b) The summons and a copy of the affidavit in support and of any exhibits referred to therein must, notwithstanding anything in Order 65, rule 9 be served on the defendant not less than 4 clear days before the day fixed for the hearing of the summons.

(3) If the application is for leave to enter judgment on failure to give notice of intention to defend, the summons shall not be issued until after the time limited for acknowledgment of service of the writ.

(4) On the hearing of such application, whether the defendant appears or not, the Court- (a) may exercise the powers of the court under section 25 of the Money Lenders Ordinance (Cap 163); (b) where it refuses leave under this rule to enter judgment on a claim or any part of a claim, may make or

give any such order or directions as it might have made or given had the application been an application under Order 14, rule 1, for judgment on the claim.

5. (Repealed L.N. 129 of 2000) (Enacted 1988)

Order: 84A ACTIONS ARISING OUT OF HIRE-PURCHASE OR CONDITIONAL SALE AGREEMENTS

25 of 1998 01/07/1997

Remarks: Adaptation amendments retroactively made - see 25 of 1998 s. 2

(HK) ORDER 84A

ACTIONS ARISING OUT OF HIRE-PURCHASE OR CONDITIONAL SALE AGREEMENTS

1. Application and interpretation (O. 84A, r. 1)

(1) These rules apply to actions to which this Order applies subject to the following Order. (2) This Order applies to any action arising out of a hire-purchase agreement or a conditional sale agreement

brought against the hirer or buyer of the goods to which the agreement relates or a guarantor, if the writ beginning the action is indorsed with a claim for money, not being-

(a) a claim for unliquidated damages, or (b) a claim for no more than the amount of any instalment or instalments of the hire-purchase price or total

purchase price, as the case may be, which is due and unpaid. (3) (a) In this Order-

"hire-purchase agreement" (租購協議) means an agreement for the bailment of goods under which the bailee may buy the goods, or under which the property in the goods will or may pass to the bailee;

"conditional sale agreement" (有條件售賣協議) means an agreement for the sale of goods under which the purchase price or part of it is payable by instalments, and the property in the goods is to remain in the seller (notwithstanding that the buyer is to be in possession of the goods) until such conditions as to the payment of instalments or otherwise as may be specified in the agreement are fulfilled;

"contract of guarantee" (擔保合約), in relation to a hire-purchase agreement, credit-sale agreement or conditional sale agreement, means a contract, made at the request (express or implied) of the hirer or buyer, either to guarantee the performance of the hirer's or buyer's obligations under the

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hire-purchase agreement, credit-sale agreement or conditional sale agreement, or to indemnify the owner or seller against any loss which he may incur in respect of that agreement, and "guarantee" (擔保) shall be considered accordingly;

"buyer" (買方) in relation to a conditional sale agreement, means the person who agrees to purchase goods under the agreement and includes a person to whom the rights or liabilities of that person under the agreement have passed by assignment or by operation of law;

"hire-purchase price" (租購價) (subject to sub-paragraph (b)) means the total sum payable by the hirer under a hire-purchase agreement in order to complete the purchase of goods to which the agreement relates, exclusive of any sum payable as a penalty or as compensation or damages for a breach of the agreement;

"total purchase price" (總買價) (subject to sub-paragraph (b)) means the total sum payable by the buyer under a credit-sale agreement or a conditional sale agreement, exclusive of any sum payable as a penalty or as compensation or damages for a breach of the agreement;

"hirer" (租用人) means the person who takes or has taken goods from an owner under a hire-purchase agreement and includes a person to whom the hirer's rights or liabilities under the agreement have passed by assignment or by operation of law; and

"goods" (貨品), "buyer" (買方) (except in relation to a conditional sale agreement) have the meanings assigned to them respectively by the Sale of Goods Ordinance (Cap 26).

(b) For the purposes of this Order, any sum payable by the hirer under a hire-purchase agreement, or by the buyer under a conditional sale agreement, by way of a deposit or other initial payment, or credited or to be credited to him under the agreement on account of any such deposit or payment, whether that sum is to be or has been paid to the owner or seller or to any other person or is to be or has been discharged by a payment of money or by the transfer or delivery of goods or by any other means, shall form part of the hire-purchase price or total purchase price, as the case may be.

2. Particulars to be included in statement of claim (O. 84A, r. 2)

Every statement of claim in an action to which this Order applies (whether indorsed on the writ or not) must state the circumstances in which the claim mentioned in rule 1(2) arises.

3. Judgment on failure to give notice of intention to defend or in default of defence (O. 84A, r. 3)

(1) In an action to which this Order applies judgment on failure to give notice of intention to defend or in default of defence shall not be entered except with the leave of the Court.

(2) (a) An application for the grant of leave under this rule must be made by summons supported by an affidavit which must- (i) give the particulars required by rule 2; and (ii) exhibit a true copy of the hire-purchase or conditional sale agreement, the original of which must

be produced at the hearing of the summons. (b) The summons and a copy of the affidavit in support and of any exhibits referred to therein must,

notwithstanding anything in Order 65, rule 9, be served on the defendant not less than 4 clear days before the day fixed for the hearing of the summons.

(4) The plaintiff must produce to the Court hearing an application for the grant of leave under this rule the hire- purchase or conditional sale agreement to which the action relates.

(5) Unless the Court hearing such application grants leave to enter judgment for the amount claimed or, having power to do so, transfers the action to a District Court, it shall (whether or not the defendant appears on the hearing) try the action.

(Enacted 1988)

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Order: 85 ADMINISTRATION AND SIMILAR ACTIONS 25 of 1998 01/07/1997

Remarks: Adaptation amendments retroactively made - see 25 of 1998 s. 2

1. Interpretation (O. 85, r. 1)

In this Order "administration action" (遺產管理訴訟) means an action for the administration under the direction of the Court of the estate of a deceased person or for the execution under the direction of the Court of a trust.

2. Determination of questions, etc., without administration (O. 85, r. 2)

(1) An action may be brought for the determination of any question or for any relief which could be determined or granted, as the case may be, in an administration action and a claim need not be made in the action for the administration or execution under the direction of the Court of the estate or trust in connection with which the question arises or the relief is sought.

(2) Without prejudice to the generality of paragraph (1), an action may be brought for the determination of any of the following questions-

(a) any question arising in the administration of the estate of a deceased person or in the execution of a trust;

(b) any question as to the composition of any class of persons having a claim against the estate of a deceased person or a beneficial interest in the estate of such a person or in any property subject to a trust;

(c) any question as to the rights or interests of a person claiming to be a creditor of the estate of a deceased person or to be entitled under a will or on the intestacy of a deceased person or to be beneficially entitled under a trust.

(3) Without prejudice to the generality of paragraph (1), an action may be brought for any of the following reliefs-

(a) an order requiring an executor, administrator or trustee to furnish and, if necessary, verify accounts; (b) an order requiring the payment into court of money held by a person in his capacity as executor,

administrator or trustee; (c) an order directing a person to do or abstain from doing a particular act in his capacity as executor,

administrator or trustee; (d) an order approving any sale, purchase, compromise or other transaction by a person in his capacity as

executor, administrator or trustee; (e) an order directing any act to be done in the administration of the estate of a deceased person or in the

execution of a trust which the Court could order to be done if the estate or trust were being administered or executed, as the case may be, under the direction of the Court.

3. Parties (O. 85, r. 3)

(1) All the executors or administrators of the estate or trustees of the trust, as the case may be, to which an administration action or such an action as is referred to in rule 2 relates must be parties to the action, and where the action is brought by executors, administrators or trustees, any of them who does not consent to being joined as a plaintiff must be made a defendant.

(2) Notwithstanding anything in Order 15, rule 4(2), and without prejudice to the powers of the Court under that Order, all the persons having a beneficial interest in or claim against the estate or having a beneficial interest under the trust, as the case may be, to which such an action as is mentioned in paragraph (1) relates need not be parties to the action; but the plaintiff may make such of those persons, whether all or any one or more of them, parties as, having regard to the nature of the relief or remedy claimed in the action, he thinks fit.

(3) Where, in proceedings under a judgment or order given or made in an action for the administration under the direction of the Court of the estate of a deceased person, a claim in respect of a debt or other liability is made against the estate by a person not a party to the action, no party other than the executors or administrators of the estate shall be entitled to appear in any proceedings relating to that claim without the leave of the Court, and the Court may

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direct or allow any other party to appear either in addition to, or in substitution for, the executors or administrators on such terms as to costs or otherwise as it thinks fit.

4. Grant of relief in action begun by originating summons (O. 85, r. 4)

In an administration action or such an action as is referred to in rule 2, the Court may make any certificate or order and grant any relief to which the plaintiff may be entitled by reason of any breach of trust, wilful default or other misconduct of the defendant notwithstanding that the action was begun by originating summons, but the foregoing provision is without prejudice to the power of the Court to make an order under Order 28, rule 8, in relation to the action.

5. Judgments and orders in administration actions (O. 85, r. 5)

(1) A judgment or order for the administration or execution under the direction of the Court of an estate or trust need not be given or made unless in the opinion of the Court the questions at issue between the parties cannot properly be determined otherwise than under such a judgment or order.

(2) Where an administration action is brought by a creditor of the estate of a deceased person or by a person claiming to be entitled under a will or on the intestacy of a deceased person or to be beneficially entitled under a trust, and the plaintiff alleges that no or insufficient accounts have been furnished by the executors, administrators or trustees, as the case may be, then, without prejudice to its other powers, the Court may-

(a) order that proceedings in the action be stayed for a period specified in the order and that the executors, administrators or trustees, as the case may be, shall within that period furnish the plaintiff with proper accounts;

(b) if necessary to prevent proceedings by other creditors or by other persons claiming to be entitled as aforesaid, give judgment or make an order for the administration of the estate to which the action relates and include therein an order that no proceedings are to be taken under the judgment or order, or under any particular account or inquiry directed, without the leave of the judge in person.

6. Conduct of sale of trust property (O. 85, r. 6)

Where in an administration action an order is made for the sale of any property vested in executors, administrators or trustees, those executors, administrators or trustees, as the case may be, shall have the conduct of the sale unless the Court otherwise directs.

(Enacted 1988)

Order: 86 ACTIONS FOR SPECIFIC PERFORMANCE, ETC.: SUMMARY JUDGMENT

L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

1. Application by plaintiff for summary judgment (O. 86, r. 1)

(1) In any action begun by writ indorsed with a claim- (a) for specific performance of an agreement (whether in writing or not) for the sale, purchase, exchange,

mortgage or charge of any property, or for the grant or assignment of a lease of any property, with or without an alternative claim for damages, or

(b) for rescission of such an agreement, or (c) for the forfeiture or return of any deposit made under such an agreement,

the plaintiff may, on the ground that the defendant has no defence to the action, apply to the Court for judgment. (2) An application may be made against a defendant under this rule whether or not he has acknowledged

service of the writ.

2. Manner in which application under

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rule 1 must be made (O. 86, r. 2)

(1) An application under rule 1 shall be made by summons supported by an affidavit verifying the facts on which the cause of action is based and stating that in the deponent's belief there is no defence to the action.

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

(2) The summons must set out or have attached thereto minutes of the judgment sought by the plaintiff. (3) The summons, a copy of the affidavit in support and of any exhibit referred to therein must be served on the

defendant not less than 4 clear days before the return day.

3. Judgment for plaintiff (O. 86, 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 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 the action, the Court may give judgment for the plaintiff in the action.

(2) The Court may by order, and subject to such conditions, if any, as may be just, stay execution of any judgment given against the defendant under this rule until after the trial of any counterclaim made or raised by the defendant in the action. (L.N. 356 of 1988)

4. Leave to defend (O. 86, 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) The Court may give a defendant against whom such an application is made leave to defend the action either unconditionally or on such terms as to giving security or time or mode of trial or otherwise as it thinks fit.

(3) 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. Directions (O. 86, r. 5)

Where the Court orders that a defendant have leave to defend the action, the Court shall give directions as to the further conduct of the action, and Order 25, rules 2 to 7, shall, with the omission of so much of rule 7(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 were a case management summons.

(L.N. 152 of 2008)

6. Costs (O. 86, r. 6)

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, if the plaintiff is not an aided person, require the costs to be paid by him forthwith.

7. Setting aside judgment (O. 86, r. 7)

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

8. (HK) Application for summary judgment on counterclaim (O. 86, r. 8)

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(1) Where a defendant to an action begun by writ has served a counterclaim claiming against the plaintiff such relief as appears in rule 1(1) 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 that part.

(2) Rules 2, 3, 4, 5, 6 and 7 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-

(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; (c) the reference in rule 4(2) to the action shall be construed as a reference to the counterclaim to which

the application under this rule relates. (L.N. 356 of 1988)

9. (HK) Right to proceed with residue of action or counterclaim (O. 86, r. 9)

(2) Where on an application under rule 8 a defendant obtains judgment on a claim or part of a claim made in a counterclaim against the plaintiff, he may proceed with the counterclaim as respects any other claim or against any other defendant to the counterclaim.

(L.N. 356 of 1988) (Enacted 1988)

Order: 87 DEBENTURE HOLDERS' ACTIONS: RECEIVER'S REGISTER

25 of 1998 01/07/1997

Remarks: Adaptation amendments retroactively made - see 25 of 1998 s. 2

1. Receiver's register (O. 87, r. 1)

Every receiver appointed by the Court in an action to enforce registered debentures or registered debenture stock shall, if so directed by the Court, keep a register of transfers of, and other transmissions of title to, such debentures or stock (in this Order referred to as "the receiver's register").

2. Registration of transfers, etc. (O. 87, r. 2)

(1) Where a receiver is required by rule 1 to keep a receiver's register, then, on the application of any person entitled to any debentures or debenture stock by virtue of any transfer or other transmission of title, and on production of such evidence of identity and title as the receiver may reasonably require, the receiver shall, subject to the following provisions of this rule, register the transfer or other transmissions of title in that register.

(2) Before registering a transfer the receiver must, unless the due execution of the transfer is proved by affidavit, send by post to the registered holder of the debentures or debenture stock transferred at his registered address a notice stating-

(a) that an application for the registration of the transfer has been made, and (b) that the transfer will be registered unless within the period specified in the notice the holder informs

the receiver that he objects to the registration, and no transfer shall be registered until the period so specified has elapsed.

The period to be specified in the notice shall in no case be less than 7 days after a reply from the registered holder would in the ordinary course of post reach the receiver if the holder had replied to the notice on the day following the day when in the ordinary course of post the notice would have been delivered at the place to which it was addressed.

(3) On registering a transfer or other transmission of title under this rule the receiver must indorse a

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memorandum thereof on the debenture or certificate of debenture stock, as the case may be, transferred or transmitted, containing a reference to the action and to the order appointing him receiver.

3. Application for rectification of receiver's register (O. 87, r. 3)

(1) Any person aggrieved by any thing done or omission made by a receiver under rule 2 may apply to the Court for rectification of the receiver's register, the application to be made by summons in the action in which the receiver was appointed.

(2) The summons shall in the first instance be served only on the plaintiff or other party having the conduct of the action but the Court may direct the summons or notice of the application to be served on any other person appearing to be interested.

(3) The Court hearing an application under this rule may decide any question relating to the title of any person who is party to the application to have his name entered in or omitted from the receiver's register and generally may decide any question necessary or expedient to be decided for the rectification of that register.

4. Receiver's register evidence of transfers, etc. (O. 87, r. 4)

Any entry made in the receiver's register, if verified by an affidavit made by the receiver or by such other person as the Court may direct, shall in all proceedings in the action in which the receiver was appointed be evidence of the transfer or transmission of title to which the entry relates and, in particular, shall be accepted as evidence thereof for the purpose of any distribution of assets, notwithstanding that the transfer or transmission has taken place after the making of a certificate in the action certifying the holders of the debentures or debenture stock certificates.

5. Proof of title of holder of bearer debenture, etc. (O. 87, r. 5)

(1) This rule applies in relation to an action to enforce bearer debentures or to enforce debenture stock in respect of which the company has issued debenture stock bearer certificates.

(2) Notwithstanding that judgment has been given in the action and that a certificate has been made therein certifying the holders of such debentures or certificates as are referred to in paragraph (1), the title of any person claiming to be such a holder shall (in the absence of notice of any defect in the title) be sufficiently proved by the production of the debenture or debenture stock certificate, as the case may be, together with a certificate of identification signed by the person producing the debenture or certificate identifying the debenture or certificate produced and certifying the person (giving his name and address) who is the holder thereof.

(3) Where such a debenture or certificate as is referred to in paragraph (1) is produced in the Registry, the solicitor of the plaintiff in the action must cause to be indorsed thereon a notice stating-

(a) that the person whose name and address is specified in the notice (being the person named as the holder of the debenture or certificate in the certificate of identification produced under paragraph (2)) has been recorded in the Registry as the holder of the debenture or debenture stock certificate, as the case may be, and

(b) that that person will, on producing the debenture or debenture stock certificate, as the case may be, be entitled to receive payment of any dividend in respect of that debenture or stock unless before payment a new holder proves his title in accordance with paragraph (2), and

(c) that if a new holder neglects to prove his title as aforesaid he may incur additional delay, trouble and expense in obtaining payment.

(4) The solicitor of the plaintiff in the action must preserve any certificates of identification produced under paragraph (2) and must keep a record of the debentures and debenture stock certificates so produced and of the names and addresses of the persons producing them and of the holders thereof, and, if the Court requires it, must verify the record by affidavit.

6. Requirements in connection with payments (O. 87, r. 6)

(1) Where in an action to enforce any debentures or debenture stock an order is made for payment in respect of

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the debentures or stock, the Registrar shall not make a payment in respect of any such debenture or stock unless either there is produced to him the certificate for which paragraph (2) provides or the Court has in the case in question for special reason dispensed with the need for the certificate and directed payment to be made without it.

(2) For the purpose of obtaining any such payment the debenture or debenture stock certificate must be produced to the solicitor of the plaintiff in the action or to such other person as the Court may direct, and that solicitor or other person must indorse thereon a memorandum of payment and must make and sign a certificate certifying that the statement set out in the certificate has been indorsed on the debenture or debenture stock certificate, as the case may be, and send the certificate to the Registrar.

(Enacted 1988)

Order: 88 MORTGAGE ACTIONS L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

1. Application and interpretation (O. 88, r. 1)

(1) This Order applies to any action (whether begun by writ or originating summons) by a mortgagee or mortgagor or by any person having the right to foreclose or redeem any mortgage, being an action (other than an action to which rule 5A applies) in which there is a claim for any of the following reliefs, namely-

(a) payment of moneys secured by the mortgage, (b) sale of the mortgaged property, (c) foreclosure, (d) delivery of possession (whether before or after foreclosure or without foreclosure) to the mortgagee by

the mortgagor or by any other person who is or is alleged to be in possession of the property, (e) redemption, (f) reconveyance of the property or its release from the security, (g) delivery of possession by the mortgagee.

(2) In this Order "mortgage" (按揭) includes a legal and an equitable mortgage and a legal and an equitable charge, and references to a mortgagor, a mortgagee and mortgaged property shall be construed accordingly.

(3) An action to which this Order applies is referred to in this Order as a mortgage action. (4) These rules apply to mortgage actions subject to the following provisions of this Order.

4. Claim for possession: failure by a defendant to acknowledge service (O. 88, r. 4)

(1) Where in a mortgage action begun by originating summons, being an action in which the plaintiff is the mortgagee and claims delivery of possession or payment of moneys secured by the mortgage or both, any defendant fails to acknowledge service of the originating summons, the following provisions of this rule shall apply, and references in those provisions to the defendant shall be construed as references to any such defendant.

This rule shall not be taken as affecting Order 28, rule 3, or rule 5(2), in so far as it requires any document to be served on, or notice given to, a defendant who has acknowledged service of the originating summons in the action.

(2) Not less than 4 clear days before the day fixed for the first hearing of the originating summons the plaintiff must serve on the defendant a notice of appointment for the hearing and a copy of the affidavit in support of the summons.

(3) Where the plaintiff claims delivery of possession there must be indorsed on the outside fold of the copy of the affidavit served on the defendant a notice informing the defendant that the plaintiff intends at the hearing to apply for an order to the defendant to deliver up to the plaintiff possession of the mortgaged property and for such other relief (if any) claimed by the originating summons as the plaintiff intends to apply for at the hearing.

(4) Where the hearing is adjourned, then, subject to any directions given by the Court, the plaintiff must serve notice of the appointment for the adjourned hearing, together with a copy of any further affidavit intended to be used at that hearing, on the defendant not less than 2 clear days before the day fixed for the hearing.

A copy of any affidavit served under this paragraph must be indorsed in accordance with paragraph (3). (5) Service under paragraph (2) or (4), and the manner in which it was effected, may be proved by a certificate

signed by the plaintiff, if he sues in person, and otherwise by his solicitor. The certificate may be indorsed on the affidavit in support of the summons or, as the case may be, on any further

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affidavit intended to be used at an adjourned hearing. (6) A copy of any exhibit to an affidavit need not accompany the copy of the affidavit served under paragraph

(2) or (4). (7) Where the plaintiff gives notice to the defendant under Order 3, rule 6, of his intention to proceed, service

of the notice, and the manner in which it was effected, may be proved by a certificate signed as mentioned in paragraph (5).

5. Action for possession or payment: evidence (O. 88, r. 5)

(1) The affidavit in support of the originating summons by which an action to which this rule applies is begun must comply with the following provisions of this rule.

This rule applies to a mortgage action begun by originating summons in which the plaintiff is the mortgagee and claims delivery of possession or payment of moneys secured by the mortgage or both.

(2) The affidavit must exhibit a true copy of the mortgage and the original mortgage must be produced at the hearing of the summons.

(3) Where the plaintiff claims delivery of possession the affidavit must show the circumstances under which the right to possession arises and except where the Court in any case or class of case otherwise directs, the state of the account between the mortgagor and mortgagee with particulars of-

(a) the amount of the advance, (b) the amount of the periodic payments required to be made, (c) the amount of any interest or instalments in arrear at the date of the originating summons and at the

date of the affidavit, and (d) the amount remaining due under the mortgage.

(4) Where the plaintiff claims delivery of possession, the affidavit must give particulars of every person who to the best of the plaintiff's knowledge is in possession of the mortgaged property.

(5) If the mortgage creates a tenancy other than a tenancy at will between the mortgagor and mortgagee, the affidavit must show how and when the tenancy was determined and if by service of notice when the notice was duly served.

(6) Where the plaintiff claims payment of moneys secured by the mortgage, the affidavit must prove that the money is due and payable and give the particulars mentioned in paragraph (3).

(7) Where the plaintiff's claim includes a claim for interest to judgment, the affidavit must state the amount of a day's interest.

5A. Action for the enforcement of charging order by sale (O. 88, r. 5A)

(1) This rule applies to a mortgage action to enforce a charging order by sale of the property charged. (2) The affidavit in support of the originating summons must-

(a) identify the charging sought to be enforced and the subject-matter of the charge; (b) specify the amount in respect of which the charge was imposed and the balance outstanding at the date

of the affidavit; (c) verify, so far as is known, the debtor's title to the property charged; (d) identify any other incumbrances on the property charged stating, so far as is known, the names and

addresses of the incumbrancers and the amounts owing to them; (e) set out the plaintiff's proposals as to the manner of sale of the property charged together with estimates

of the gross price which would be obtained on a sale in that manner and of the costs of such sale; (f) where the property charged consists of land in respect of which the plaintiff claims delivery of

possession, give particulars of every person who to the best of the plaintiff's knowledge is in possession of the property charged or any part of it.

6. Action by writ: judgment in default (O. 88, r. 6)

(1) Notwithstanding anything in Order 13 or Order 19, in a mortgage action begun by writ judgment on failure to give notice of intention to defend or in default of defence shall not be entered except with the leave of the Court.

(2) An application for the grant of leave under this rule must be made by summons and the summons must,

Cap 4A - THE RULES OF THE HIGH COURT 276

notwithstanding anything in Order 65, rule 9, be served on the defendant. (3) Where a summons for leave under this rule is issued, rule 4(2) to (7) shall apply in relation to the action

subject to the modification that for references therein to the originating summons, and for the reference in paragraph (2) to the notice of appointment, there shall be substituted references to the summons.

(4) Where a summons for leave under this rule is issued in an action to which rule 5 would apply had the action been begun by originating summons, the affidavit in support of the summons must contain the information required by that rule.

7. Foreclosure in redemption action (O. 88, r. 7)

Where foreclosure has taken place by reason of the failure of the plaintiff in a mortgage action for redemption to redeem, the defendant in whose favour the foreclosure has taken place may apply by summons for an order for delivery to him of possession of the mortgaged property, and the Court may make such order thereon as it thinks fit.

(L.N. 152 of 2008) (Enacted 1988)

Order: 89 PROCEEDINGS BETWEEN HUSBAND AND WIFE L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

1. Determination of questions as to property (O. 89, r. 1)

(HK)(1) Proceedings under section 6 of the Married Persons Status Ordinance (Cap 182) may be begun by originating summons.

(L.N. 152 of 2008)

2. Provisions as to actions in tort (O. 89, r. 2)

(1) This rule applies to any action in tort brought by one of the parties to a marriage against the other during the subsistence of the marriage.

(2) On the first application by summons in an action to which this rule applies, the Court shall consider, if necessary of its own motion, whether the power to stay the action under section 5(2) of the Married Persons Status Ordinance (Cap 182) should or should not be exercised. (L.N. 152 of 2008)

(3) Notwithstanding anything in Order 13 or Order 19, judgment on failure to give notice of intention to defend or in default of defence shall not be entered in an action to which this rule applies except with the leave of the Court.

(4) An application for grant of leave under paragraph (3) must be made by summons and the summons must, notwithstanding anything in Order 65, rule 9, be served on the defendant.

(5) If the summons is for leave to enter judgment on failure to give notice of intention to defend, the summons shall not be issued before the time limited for acknowledging service of the writ.

(Enacted 1988)

Order: 90 PROCEEDINGS CONCERNING MINORS L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

3. Application to make a minor a ward of court (O. 90, r. 3)

(1) Where an action to which a minor is a party is proceeding, an application to make that minor a ward of court may be made by summons in the action; in any other case an application to make a minor a ward of court may be made by originating summons. (L.N. 152 of 2008)

(2) Where there is no person other than the minor who is a suitable defendant, an application may be made ex parte to the Registrar for leave to issue either an ex parte originating summons or an originating summons with the infant as defendant thereto; and, except where such leave is granted, the minor shall not be made a defendant to an originating summons under this rule in the first instance.

Cap 4A - THE RULES OF THE HIGH COURT 277

(3) Particulars of any summons under this rule shall be recorded in the register of wards. (3A)The date of the minor's birth shall, unless otherwise directed, be stated in the summons and the plaintiff

shall- (a) on issuing the summons or before or at the first hearing thereof lodge in the Registry a certified copy

of the entry in the birth register book kept under the Births and Deaths Registration Ordinance (Cap 174) or, as the case may be, in the Adopted Children Register maintained under the Adoption Ordinance (Cap 290), relating to the minor, or

(b) at the first hearing of the summons apply for directions as to proof of birth of the minor in some other manner.

(3B) The name of each party to the proceedings shall be qualified by a brief description in the body of the summons, of his interest in, or relationship to, the minor.

(4) Unless the Court otherwise directs, the summons shall state the whereabouts of the minor or, as the case may be, that the plaintiff is unaware of his whereabouts.

(5) Every defendant other than the minor shall, forthwith after being served with the summons- (a) lodge in the Registry a notice stating the address of the defendant and the whereabouts of the minor or,

as the case may be, that the defendant is unaware of his whereabouts, and (b) unless the Court otherwise directs, serve a copy of the notice on the plaintiff.

(6) Where any party other than the minor changes his address or becomes aware of any change in the whereabouts of the minor after the issue of, as the case may be, service of the summons, he shall, unless the Court otherwise directs, forthwith lodge notice of the change in the Registry and serve a copy of the notice on every other party.

(7) The summons shall contain a notice to the defendant informing him of the requirements of paragraphs (5) and (6).

(8) In this rule any reference to the whereabouts of a minor is a reference to the address at which and the person with whom he is living and any other information relevant to the question where he may be found.

3A. Enforcement of order by bailiff (O. 90, r. 3A)

The power of the Court of First Instance to secure, through an officer attending upon the Court, compliance with any direction relating to a ward of court may be exercised by an order addressed to the bailiff.

(25 of 1998 s. 2)

4. When minor ceases to be ward of court (O. 90, r. 4)

(1) A minor who, by virtue of section 26(2) of the High Court Ordinance, becomes a ward of court on the issue of a summons under rule 3 shall cease to be a ward of court- (25 of 1998 s. 2)

(a) if an application for an appointment for the hearing of the summons is not made within the period of 21 days after the issue of the summons, at the expiration of that period;

(b) if an application for such an appointment is made within that period, on the determination of the application made by the summons unless the judge hearing it orders that the minor be made a ward of court.

(2) Nothing in paragraph (1) shall be taken as affecting the power of the Court under section 26(3) of the said Ordinance to order that any minor who is for the time being a ward of court shall cease to be a ward of court.

(3) If no application for an appointment for the hearing of a summons under rule 3 is made within the period of 21 days after the issue of the summons, a notice stating whether the applicant intends to proceed with the application made by the summons must be left at the Registry immediately after the expiration of that period.

4B. Hearing of an application to make a minor a ward of Court (O. 90, r. 4B)

(HK) An application to make a minor a ward of court may be disposed of in chambers and shall be heard by a judge.

5. Applications under the Guardianship of Minors Ordinance (O. 90, r. 5)

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Where there is pending any action or other proceeding by reason of which a minor is a ward of court, any application under the Guardianship of Minors Ordinance (Cap 13) with respect to that minor may be made by summons in the proceedings; and in any other case any such application may be made by originating summons.

(L.N. 152 of 2008)

6. Defendants to summons (O. 90, r. 6)

(1) Where the minor with respect to whom an application under the Guardianship of Minors Ordinance (Cap 13) is made is not the plaintiff he shall not, unless the Court otherwise directs, be made a defendant to the summons or, if the application is made by ordinary summons, be served with the summons, but, subject to paragraph (2), any other person appearing to be interested in, or affected by, the application shall be made a defendant or be served with the summons, as the case may be.

(2) The Court may dispense with service of the summons (whether originating or ordinary) on any person and may order it to be served on any person not originally served.

7. Hearing of applications as to guardianship, maintenance, etc. (O. 90, r. 7)

(1) Applications as to the guardianship of minors may be disposed of in chambers and shall be heard by a judge.

(2) Applications as to the maintenance and advancement of any minor may be disposed of in chambers.

8. Verification and passing of guardians accounts (O. 90, r. 8)

(HK) A guardian's account must be verified and passed in the same manner as that provided by Order 30 in relation to a receiver's account or in such other manner as the Court may direct.

10. Removal of guardianship proceedings from the District Court (O. 90, r. 10)

(1) An application for an order under section 24 of the Guardianship of Minors Ordinance (Cap 13) for the removal of an application from a District Court into the Court may be made by an originating summons and, unless the Court otherwise directs, the summons need not be served on any person. (L.N. 152 of 2008)

(2) The application may be heard by a master, but, if an order is made for the removal to the Court of the application to the District Court, that application shall be heard by a judge. (HK)(3A) Section 44, subsections (1), (2) (except the proviso) and (4), of the District Court Ordinance (Cap 336) shall apply to an application ordered to be transferred to the Court under this rule.

(5) The application so removed shall proceed in the Court as if it had been made by originating summons.

11. Application of Matrimonial Causes Rules (O. 90, r. 11)

(1) The provisions of the Matrimonial Causes Rules (Cap 179 sub. leg. A) relating to proceedings under section 48 of the Matrimonial Causes Ordinance (Cap 179) shall apply, with the necessary modifications, to proceedings under sections 13(1), 14 and 15 of the Guardianship of Minors Ordinance (Cap 13).

(2) The provisions of the Matrimonial Causes Rules (Cap 179 sub. leg. A) relating to the drawing up and service of orders shall apply to proceedings under this Order as if they were proceedings under those rules.

(Enacted 1988)

Order: 92 LODGMENT, INVESTMENT, ETC. OF FUNDS IN COURT

L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

2. Payment into court under the Trustee Ordinance (O. 92, r. 2)

Cap 4A - THE RULES OF THE HIGH COURT 279

(1) Subject to paragraph (2), any trustee wishing to make a payment into court under section 62 of the Trustee Ordinance (Cap 29) must make and file an affidavit setting out-

(a) a short description of the trust and of the instrument creating it or, as the case may be, of the circumstances in which the trust arose,

(b) the names of the persons interested in or entitled to the money or securities to be paid into court with their addresses so far as known to him,

(c) his submission to answer all such inquiries relating to the application of such money or securities as the Court may make or direct, and

(d) an address where he may be served with any summons or order, or notice of any proceedings, relating to the money or securities paid into court.

(2) Where the money or securities represents a legacy, or residue or any share thereof, to which a minor or a person resident outside Hong Kong is absolutely entitled, no affidavit need be filed under paragraph (1) and the money or securities may be paid into court in the manner prescribed by the High Court Suitors' Funds Rules (Cap 4 sub. leg. B) for the time being in force. (25 of 1998 s. 2)

4. Notice of lodgment (O. 92, r. 4)

Any person who has lodged money or securities in court in accordance with rule 2 must forthwith send notice of the lodgment to every person appearing from the affidavit on which the lodgment was made to be entitled to, or to have an interest in, the money or securities lodged.

5. Applications with respect to funds in court (O. 92, r. 5)

(1) Where an application to the Court- (a) for the payment or transfer to any person of any funds in court standing to the credit of any cause or

matter or for the transfer of any such funds to a separate account or for the payment to any person of any dividend of or interest on any securities or money comprised in such funds;

(b) for the investment, or change of investment, of any funds in court; (c) for payment of the dividends of or interest on any funds in court representing or comprising money or

securities lodged in court under any enactment; or (d) for the payment or transfer out of court of any such funds as are mentioned in sub-paragraph (c),

is made the application may be disposed of in chambers. (2) Subject to paragraph (3), any such application must be made by summons and, unless the application is

made in a pending cause or matter or an application for the same purpose has previously been made by petition or originating summons, the summons must be an originating summons.

(3) Where an application under paragraph (1)(d) is required to be made by originating summons, then, if the funds to which the application relates do not exceed $50000 in value, the application may be made ex parte to a master and the master may dispose of the application or may direct it to be made by originating summons. Unless otherwise directed, an ex parte application under this paragraph shall be made by affidavit.

(5) This rule does not apply to any application for an order under Order 22A. (L.N. 152 of 2008) (Enacted 1988)

Order: 93 THE VARIATION OF TRUSTS ORDINANCE 23 of 2002 19/07/2002

6. Application under Variation of Trusts Ordinance (O. 93, r. 6)

(2) In addition to any other persons who are necessary and proper defendants to the originating summons by which an application under section 3 of the Variation of Trusts Ordinance (Cap 253), is made, the settlor and any other person who provided property for the purposes of the trusts to which the application relates must, if still alive and not the plaintiff, be made a defendant unless the Court for some special reason otherwise directs.

14. (Repealed 23 of 2002 s. 126) (Enacted 1988)

Cap 4A - THE RULES OF THE HIGH COURT 280

Order: 95 THE BILLS OF SALE ORDINANCE AND BANKRUPTCY ORDINANCE

25 of 1998 01/07/1997

Remarks: Adaptation amendments retroactively made - see 25 of 1998 s. 2

1. Rectification of register (O. 95, r. 1)

(1) Every application to the Court under section 20 of the Bills of Sale Ordinance (Cap 20) for an order- (a) that any omission to register a bill of sale or an affidavit of renewal thereof within the time prescribed

by that Ordinance be rectified by extending the time for such registration, or (b) that any omission or mis-statement of the name, residence or occupation of any person be rectified by

the insertion in the register of his true name, residence or occupation, must be made by affidavit ex parte to a master.

(2) Every application for such an order as is described in paragraph (1) shall be supported by an affidavit setting out particulars of the bill of sale and of the omission or mis-statement in question and stating the grounds on which the application is made.

2. Entry of satisfaction (O. 95, r. 2)

(1) Every application under section 21 of the Bills of Sale Ordinance (Cap 20) to a master for an order that a memorandum of satisfaction be written on a registered copy of a bill of sale must-

(a) if a consent to the satisfaction signed by the person entitled to the benefit of the bill of sale can be obtained, be made ex parte;

(b) in all other cases, be made by originating summons. (2) An ex parte application under paragraph (1)(a) must be supported by-

(a) particulars of the consent referred to in that paragraph; and (b) an affidavit by a witness who attested the consent verifying the signature on it.

(3) An originating summons under paragraph (1)(b) must be served on the person entitled to the benefit of the bill of sale and must be supported by evidence that the debt (if any) for which the bill of sale was made has been satisfied or discharged.

(4) An originating summons under paragraph (1)(b) shall be in Form No. 10 in Appendix A.

3. Restraining removal on sale of goods seized (O. 95, r. 3)

An originating summons by which an application to the Court under the proviso to section 14 of the Bills of Sale Ordinance (Cap 20) must be made shall be in Form No. 10 in Appendix A.

4. Search of register (O. 95, r. 4)

The Registrar shall, on a request in writing giving sufficient particulars, and on payment of the prescribed fee, cause a search to be made in the register of bills of sale and issue a certificate of the result of the search.

6. Assignment of book debts (O. 95, r. 6)

(1) There shall continue to be kept in the Registry a register of assignment of book debts. (2) Every application for registration of an assignment of a book debt under section 48 of the Bankruptcy

Ordinance (Cap 6) shall be made by producing at the Registry- (a) a true copy of the assignment, and of every schedule thereto, and (b) an affidavit verifying the date and the time, and the due execution of the assignment in the presence of

the deponent, and setting out the particulars of the assignment, and of the parties thereto. (3) On an application being made in accordance with the preceding paragraph, the documents there referred to

shall be filed and the particulars of the assignment and the parties to it, shall be entered in the register.

Cap 4A - THE RULES OF THE HIGH COURT 281

(Enacted 1988)

Order: 100 THE TRADE MARKS ORDINANCE L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

2. Appeals and applications under the Trade Marks Ordinance (O. 100, r. 2)

(1) Every appeal to the Court under the Trade Marks Ordinance (Cap 559), shall be heard and determined by a single judge. (35 of 2000 s. 98)

(2) Subject to rule 3, every application to the Court under the said Ordinance may be begun by originating summons in Form No. 10 in Appendix A. (L.N. 152 of 2008)

(3) The summons by which any such application is made must be served on the Registrar of Trade Marks. (L.N. 152 of 2008)

(4) Where the Registrar of Trade Marks refers to the Court an application under the said Ordinance made to him, then, unless within one month after receiving notification of the decision to refer, the applicant makes to the Court the application referred, he shall be deemed to have abandoned it.

(5) The period prescribed in relation to an appeal to which paragraph (1) applies or the period prescribed by paragraph (4) in relation to an application or appeal to which that paragraph applies may be extended by the Registrar of Trade Marks on the application of any party interested and may be so extended although the application is not made until after the expiration of that period, but the foregoing provision shall not be taken to affect the power of the Court under Order 3, rule 5, to extend that period.

(6) (Repealed 35 of 2000 s. 98)

3. Proceedings for infringement of registered trade mark: validity of registration disputed (O. 100, r. 3)

(1) Where in any proceedings a claim is made for relief for infringement of the right to the use of a registered trade mark, the party against whom the claim is made may in his defence put in issue the validity of the registration of that trade mark or may counterclaim for an order that the register of trade marks be rectified by cancelling or varying the relevant entry or may do both those things.

(2) A party to any such proceedings who in his pleading (whether a defence or counterclaim) disputes the validity of the registration of a registered trade mark must serve with the pleading particulars of the objections to the validity of the registration on which he relies in support of the allegation of invalidity.

(3) A party to any such proceedings who counterclaims for an order that the register of trade marks be rectified must serve on the Registrar of Trade Marks a copy of the counterclaim together with a copy of the particulars mentioned in paragraph (2); and the Registrar of Trade Marks shall be entitled to take such part in the proceedings as he may think fit but need not serve a defence or other pleading unless ordered to do so by the Court.

(Enacted 1988)

Order: 102 THE COMPANIES ORDINANCE AND THE COMPANIES (WINDING UP AND MISCELLANEOUS PROVISIONS) ORDINANCE*

L.N. 163 of 2013 03/03/2014

1. (Repealed 28 of 2012 ss. 912 & 920)

2. Applications to be made by originating summons (O. 102, r. 2)

(1) Except in the case of applications made in proceedings relating to the winding up of companies, applications made pursuant to section 724 of the Companies Ordinance (Cap 622) and the applications mentioned in rule 5, every application under that Ordinance or the Companies (Winding Up and Miscellaneous Provisions) Ordinance (Cap 32) may be made by originating summons. (L.N. 152 of 2008)

(2) An originating summons under this rule shall be in Form No. 10 in Appendix A unless the application made

Cap 4A - THE RULES OF THE HIGH COURT 282

by the summons is- (a) an application under section 675 of the Companies Ordinance (Cap 622) for an order to make

provision for all or any of the matters mentioned in subsection (2) of that section where an order sanctioning the compromise or arrangement to which the application relates has previously been made, or

(b) an application under section 302 of the Companies (Winding Up and Miscellaneous Provisions) Ordinance (Cap 32) for an order directing a receiver or manager of a company to make good any such default as is mentioned in subsection (1) of that section, or

(c) an application under section 306 of the Companies (Winding Up and Miscellaneous Provisions) Ordinance (Cap 32) or section 898 of the Companies Ordinance (Cap 622) for an order directing a company and any officer thereof to make good any such default as is mentioned in that section.

(3) (Repealed 28 of 2003 s. 120) (4) An application under section 733 of the Companies Ordinance (Cap 622) for leave to dispense with the

service of a written notice required by that section may be made by ex parte originating summons. (L.N. 80 of 2005) (28 of 2012 ss. 912 & 920)

3-4. (Repealed L.N. 152 of 2008)

5. Applications to be made by petition (O. 102, r. 5)

(1) The following applications must be made by petition, namely applications- (28 of 2012 ss. 912 & 920) (a) under section 89(5) of the Companies Ordinance (Cap 622) to cancel the alteration of a private

company's objects, (28 of 2003 s. 120) (b) under section 90(4) of the Companies Ordinance (Cap 622) to cancel the alteration of a provision

contained in the articles of association of a relevant company as defined by section 90(10) of that Ordinance, (28 of 2003 s. 120)

(c)-(e) (Repealed 28 of 2012 ss. 912 & 920) (f) under section 226 of the Companies Ordinance (Cap 622) to confirm a reduction of the share capital of

a company, (g) under section 182 of the Companies Ordinance (Cap 622) to disallow any variation or abrogation of

the rights attached to shares in any class of shares in a company, (ga) under section 190 of the Companies Ordinance (Cap 622) to disallow any variation or abrogation of the

rights of any class of members of a company that does not have a share capital, (28 of 2012 ss. 912 & 920)

(h) under section 673 of the Companies Ordinance (Cap 622) to sanction a compromise or arrangement between a company and its creditors or any class of them or between a company and its members or any class of them,

(i) under section 765 of the Companies Ordinance (Cap 622) for the restoration of a company to the Companies Register, where the application is made in conjunction with an application for the winding up of the company,

(j) under section 817 of the Companies Ordinance (Cap 622) to cancel the alteration of the form of a company's constitution, and

(k) under section 904 of the Companies Ordinance (Cap 622) for relief from liability of an officer of a company or a person employed by a company as auditor. (28 of 2012 ss. 912 & 920)

6. Entitlement of proceedings (O. 102, r. 6)

(2) Every originating summons and petition by which any such proceedings are begun and all affidavits, notices and other documents in those proceedings must be entitled in the matter of the company in question and in the matter of the Companies Ordinance (Cap 622) or the Companies (Winding Up and Miscellaneous Provisions) Ordinance (Cap 32). (L.N. 152 of 2008; 28 of 2012 ss. 912 & 920)

(3) (Repealed 28 of 2003 s. 120)

7. Case management summons (O. 102, r. 7) (L.N. 152 of 2008)

Cap 4A - THE RULES OF THE HIGH COURT 283

(1) After presentation of a petition by which any such application as is mentioned in rule 5 is made, the petitioner, except where his application is one of those mentioned in paragraph (2), must take out a case management summons under this rule. (L.N. 152 of 2008)

(2) The applications referred to in paragraph (1) are- (a) (Repealed 28 of 2012 ss. 912 & 920) (b) an application under section 673 of the Companies Ordinance (Cap 622) to sanction an arrangement or

compromise (except where the petition for such sanction includes an application for an order under section 675 of the Companies Ordinance (Cap 622)), and

(c) an application under section 765 of the Companies Ordinance (Cap 622) for the restoration of a company to the Companies Register. (28 of 2012 ss. 912 & 920)

(3) On the hearing of the summons the Court may by order give such directions as to the proceedings to be taken before the hearing of the petition as it thinks fit including, in particular, directions for the publication of notices and the making of any inquiry.

(4) Where the application made by the petition is to confirm a reduction of the share capital of a company, then, without prejudice to the generality of paragraph (3), the Court may give directions- (28 of 2012 ss. 912 & 920)

(a) for an inquiry to be made as to the debts of, and claims against, the company or as to any class or classes of such debts or claims;

(b) as to the proceedings to be taken for settling the list of creditors entitled to object to the reduction and fixing the date by reference to which the list is to be made;

and the power of the Court under section 226(3) of the Companies Ordinance (Cap 622) to direct that section 227 of that Ordinance shall not apply as regards any class or classes of creditors may be exercised on any hearing of the summons. (28 of 2012 ss. 912 & 920)

(5) Rules 8 to 13 shall have effect subject to any directions given by the Court under this rule.

8. Inquiry as to debts: company to make list of creditors (O. 102, r. 8)

(1) Where under rule 7 the Court orders such an inquiry as is mentioned in paragraph (4) thereof, the company in question must, within 7 days after the making of the order, file in the Registry an affidavit made by an officer of the company competent to make it verifying a list containing-

(a) the name and address of every creditor entitled to any debt or claim to which the inquiry extends, (b) the amount due to each creditor in respect of such debt or claim or, in the case of a debt or claim which

is subject to any contingency or sounds only in damages or for some other reason does not bear a certain value, a just estimate of the value thereof, and

(c) the total of those amounts and values. (2) The deponent must state in the affidavit his belief that at the date fixed by the Court as the date by reference

to which the list is to be made there is no debt or claim which, if that date were the commencement of the winding up of the company, would be admissible in proof against the company, other than the debts or claims set out in the list and any debts or claims to which the inquiry does not extend, and must also state his means of knowledge of the matters deposed to.

(3) The list must be left at the office mentioned in paragraph (1) not later than one day after the affidavit is filed.

9. Inspection of list of creditors (O. 102, r. 9)

(1) Copies of the list made under rule 8 with the omission, unless the Court otherwise directs, of the amount due to each creditor and the estimated value of any debt or claim to which any creditor is entitled, shall be kept at the registered office of the company and at the office of that company's solicitor.

(2) Any person shall be entitled during ordinary business hours, on payment of a fee of one dollar, to inspect the said list at any such office and to take extracts therefrom.

10. Notice to creditors (O. 102, r. 10)

Within 7 days after filing the affidavit required by rule 8 the company must send by post to each creditor named

Cap 4A - THE RULES OF THE HIGH COURT 284

in the list exhibited to the affidavit, at his last known address, a notice stating- (a) the amount of the reduction sought to be confirmed, (b) the effect of the order directing an inquiry as to debts and claims, (c) the amount or value specified in the list as due or estimated to be due to that creditor, and (d) the time fixed by the Court within which, if he claims to be entitled to a larger amount, he must send

particulars of his debt or claim and the name and address of his solicitor, if any, to the company's solicitor.

11. Advertisement of petition and list of creditors (O. 102, r. 11)

After filing the affidavit required by rule 8 the company must insert, in such newspapers and at such times as the Court directs, a notice stating-

(a) the date of presentation of the petition and the amount of the reduction thereby sought to be confirmed, (b) the inquiry ordered by the Court under rule 7, (c) the places where the list of creditors may be inspected in accordance with rule 9, and (d) the time within which any creditor not named in the list who claims to be entitled to any debt or claim

to which the inquiry extends must send his name and address, the name and address of his solicitor, if any, and particulars of his debt or claim to the company's solicitor.

12. Affidavit as to claims made by creditors (O. 102, r. 12)

Within such time as the Court directs the company must file in the Registry an affidavit made by the company's solicitor and an officer of the company competent to make it-

(a) proving service of the notices mentioned in rule 10 and advertisement of the notice mentioned in rule 11,

(b) verifying a list containing the names and addresses of the persons (if any) who in pursuance of such notices sent in particulars of debts or claims, specifying the amount of each debt or claim,

(c) distinguishing in such list those debts or claims which are wholly, or as to any and what part thereof, admitted by the company, disputed by the company or alleged by the company to be outside the scope of the inquiry, and

(d) stating which of the persons named in the list made under rule 8, and which of the persons named in the list made under this rule, have been paid or consent to the reduction sought to be confirmed.

13. Adjudication of disputed claims (O. 102, r. 13)

If the company contends that a person is not entitled to be entered in the list of creditors in respect of any debt or claim or in respect of the full amount claimed by him in respect of any debt or claim, then, unless the company is willing to secure payment of that debt or claim by appropriating the full amount of the debt or claim, the company must, if the Court so directs, send to that person by post at his last known address a notice requiring him-

(a) within such time as may be specified in the notice, being not less than 4 clear days after service thereof, to file an affidavit proving his debt or claim or, as the case may be, so much thereof as is not admitted by the company, and

(b) to attend the adjudication of his debt or claim at the place and time specified in the notice, being the time appointed by the Court for the adjudication of debts and claims.

14. Certifying lists of creditors entitled to object to reduction (O. 102, r. 14)

The list of creditors entitled to object to such reduction as is mentioned in rule 7(4), as settled by the Court under section 227 of the Companies Ordinance (Cap 622) shall be certified and filed by the Registrar and his certificate shall- (28 of 2012 ss. 912 & 920)

(a) specify the debts or claims (if any) disallowed by the Court, (b) distinguish the debts or claims (if any) the full amount of which is admitted by the company, the debts

Cap 4A - THE RULES OF THE HIGH COURT 285

________________________________________________________________________________

or claims (if any) the full amount of which, though not admitted by the company, the company is willing to appropriate, the debts or claims (if any) the amount of which has been fixed by adjudication of the Court under section 227 of the Companies Ordinance (Cap 622) and other debts or claims; (28 of 2012 ss. 912 & 920)

(c) specify the total amount of the debts or claims payment of which has been secured by appropriation under section 227 of the Companies Ordinance (Cap 622); (28 of 2012 ss. 912 & 920)

(d) show which creditors consent to the reduction and the total amount of their debts or claims; (e) specify the creditors who sought to prove their debts or claims under rule 13 and state which of such

debts or claims were allowed.

15. Evidence of consent of creditor (O. 102, r. 15)

The consent of a creditor to such reduction as is mentioned in rule 7(4) may be proved in such manner as the Court thinks sufficient.

16. Time, etc. of hearing of petition for confirmation of reduction (O. 102, r. 16)

(1) A petition for the confirmation of any such reduction as is mentioned in rule 7(4) shall not, where the Court has directed an inquiry pursuant to that rule, be heard before the expiration of at least 8 clear days after the filing of the certificate mentioned in rule 14.

(2) Before the hearing of such a petition, a notice specifying the day appointed for the hearing must be published at such times and in such newspapers as the Court may direct.

17. (Repealed 28 of 2012 ss. 912 & 920) (Enacted 1988)

Note: * (28 of 2012 ss. 912 & 920)

Order: 103 THE REGISTRATION OF PATENTS ORDINANCE: THE PATENTS ACTS 1949 TO 1961 AND 1977

L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

1. Definitions (O. 103, r. 1)

In this Order- "existing patent" (現存的專利) means a patent mentioned in section 127(2)(a) or (c) of the Act; "the Act" (法令) means the Patents Act 1977; (1977 c. 37 U.K.); "the Ordinance" (條例) means the Registration of Patents Ordinance (Cap 42).

19. Actions for infringement: particulars of pleading (O. 103, r. 19)

(1) The plaintiff in an action for infringement of a patent must serve with his statement of claim particulars of the infringements relied on.

(2) If a defendant in such an action disputes the validity of the patent, he must serve with his defence particulars of the objections to the validity of the patent on which he relies in support of the allegation of invalidity.

(3) If a defendant in such an action alleges, as a defence to the action, that at the time of the infringement there was in force a contract or licence relating to the patent made by or with the consent of the plaintiff and containing a condition or term void by virtue of section 44 of the Act, he must serve on the plaintiff particulars of the date of, and parties to, each such contract or licence and particulars of each such condition or term.

(4) A defendant to such an action who applies by counterclaim in the action for a declaration under section 8(1) of the Ordinance must, with his counterclaim, serve particulars of the grounds on which he relies in support of his

Cap 4A - THE RULES OF THE HIGH COURT 286

counterclaim.

20. Particulars of infringements (O. 103, r. 20)

Particulars of infringements of a patent must specify which of the claims in the specification of the patent are alleged to be infringed and must give at least one instance of each type of infringement alleged.

21. Particulars of objections (O. 103, r. 21)

(1) Particulars of objections to the validity of a patent must state every ground on which the validity of the patent is disputed and must include such particulars as will clearly define every issue which it is intended to raise.

(2) If the grounds stated in the particulars of objections include want of novelty or want of any inventive step, the particulars must state the manner, time and place of every prior publication or user relied upon and, if prior user is alleged, must-

(a) specify the name of every person alleged to have made such user, (b) state whether such user is alleged to have continued until the priority date of the claim in question or of

the invention, as may be appropriate, and, if not, the earliest and latest date on which such user is alleged to have taken place,

(c) contain a description, accompanied by drawings, if necessary, sufficient to identify such user, and (d) if such user relates to machinery or apparatus, state whether the machinery or apparatus is in existence

and where it can be inspected. (3) If in the case of an existing patent-

(a) one of the grounds stated in the particulars of objection is that the invention, so far as claimed in any claim of the complete specification, is not useful, and

(b) it is intended, in connection with that ground, to rely on the fact that an example of the invention which is the subject of any such claim cannot be made to work, either at all or as described in the specification,

the particulars must state the fact and identify each such claim and must include particulars of each such example, specifying the respects in which it is alleged that it does not work or does not work as described.

22. Amendment of particulars (O. 103, r. 22)

Without prejudice to Order 20, rule 5, the Court may at any stage of the proceedings allow a party to amend any particulars served by him under the foregoing provisions of this Order on such terms as to costs or otherwise as may be just.

23. Further particulars (O. 103, r. 23)

The Court may at any stage of the proceedings order a party to serve on any other party further or better particulars of infringements or of objections.

24. Restrictions on admission of evidence (O. 103, r. 24)

(1) Except with the leave of the judge hearing any action or other proceeding relating to a patent, no evidence shall be admissible in proof of any alleged infringement, or of any objection to the validity, of the patent, if the infringement or objection was not raised in the particulars of infringements or objections, as the case may be.

(2) In any action or other proceeding relating to a patent, evidence which is not in accordance with a statement contained in particulars of objections to the validity of the patent shall not be admissible in support of such an objection unless the judge hearing the proceeding allows the evidence to be admitted.

(3) If any machinery or apparatus alleged to have been used before the priority date mentioned in rule 21(2)(b) is in existence at the date of service of the particulars of objections, no evidence of its user before that date shall be admissible unless it is proved that the party relying on such user offered, where the machinery or apparatus is in his possession, inspection of it to the other parties to the proceedings, or, where it is not, did his best to obtain inspection of it for those parties.

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25. Proceedings for infringement: admissions must be requested (O. 103, r. 25)

(1) In an action for infringement of a patent (whether or not any other relief is claimed) each party must, within 14 days after service of a reply or answer or after the expiration of the period fixed for service thereof, write to each other party from whom he requires an admission for the purpose of the action or proceedings requesting him to make the admission, and the party receiving the request must within 14 days after the receipt thereof reply in writing making the admission or stating that he refuses to make it.

(2) No order shall be made authorizing a party to any such action or proceedings to serve any interrogatory on any other party unless the first-mentioned party requested that other party in accordance with paragraph (1) to admit the facts sought to be proved by the answer to the interrogatory and the other party refused or failed to comply with the request.

26. Proceedings for infringement: case management summons (O. 103, r. 26)

(L.N. 152 of 2008)

(1) In such an action, and in such proceedings, as are referred to in rule 25(1), the plaintiff or petitioner must- (a) within one month after the date on which the last reply to a request made under rule 25(1) is received

or after the date on which the period fixed for making such a reply expires, whichever first occurs, or (b) if no request for an admission is made by any party to the action or proceedings, within one month

after service of a reply or answer or after the expiration of the period fixed for service thereof, take out a case management summons as to the place and mode of trial returnable in not less than 21 days, and if the plaintiff or petitioner does not take out such a summons in accordance with this paragraph, the defendant or respondent, as the case may be, may do so. (L.N. 152 of 2008)

The summons may be heard in chambers or in court as the Court thinks fit. (2) The Court hearing a summons under this rule may give such directions-

(a) for the service of further pleadings or particulars, (b) the discovery of documents, (c) (subject to rule 25(2)) for the service of interrogatories and of answers thereto, (d) for the taking by affidavit of evidence relating to matters requiring expert knowledge, and for the filing

of such affidavits and the service of copies thereof on the other parties, (e) for the service on the other parties, by any party desiring to submit experimental proof, of full and

precise particulars of the experiments proposed and of the facts which he claims to be able to establish thereby,

(f) for the making of experiments, tests, inspections or reports, (g) for the hearing, as a preliminary issue, of any question that may arise (including any question as to the

construction of the specification or other documents), and otherwise as the Court thinks necessary or expedient for the purpose of defining and limiting the issues to be tried, restricting the number of witnesses to be called at the trial of any particular issue and otherwise securing that the case shall be disposed of, consistently with adequate hearing, in the most expeditious manner.

Where evidence is directed to be given by affidavit, the deponents must attend at the trial for cross-examination unless, with the concurrence of the Court, the parties otherwise agree.

(3) Order 24, rules 1 and 2, shall not apply in an action for infringement of a patent. (4) No action for a declaration under section 8(1) of the Ordinance shall be set down for trial unless and until a

summons under this rule in the action or proceedings has been taken out and the directions given on the summons have been carried out or the time fixed by the Court for carrying them out has expired.

(5) An action for a declaration under section 8(1) of the Ordinance shall not be tried sooner than 21 days after the action has been set down for trial.

27. Appointment of scientific adviser (O. 103, r. 27)

(1) In an action for infringement of a patent and in any proceedings under the Ordinance, the Court may at any time, and on or without the application of any party, appoint an independent scientific adviser to assist the Court or to inquire and report on any question of fact or of opinion not involving questions of law or construction.

Cap 4A - THE RULES OF THE HIGH COURT 288

(2) The Court may nominate the scientific adviser and shall settle the question or instructions to be submitted or given to him.

(3) The remuneration of any adviser appointed under this rule shall be fixed by the Court and shall include the costs of making any report and a proper daily fee for any day on which he is required to attend before the Court.

(4) Order 40, rules 2, 3, 4 and 6, shall apply in relation to an adviser appointed under this rule and any report made by him as they apply in relation to a Court expert and a report made by him.

29. Application for rectification of register of patents in Hong Kong (O. 103, r. 29)

An application to the Court for an order that the register of patents be rectified must be made by originating summons, except where it is made by way of counterclaim in proceedings for infringement or by originating summons in proceedings for an order under section 52 of the Trustee Ordinance (Cap 29).

(L.N. 152 of 2008) (Enacted 1988)

Order: 106 PROCEEDINGS RELATING TO SOLICITORS: THE LEGAL PRACTITIONERS ORDINANCE

L.N. 275 of 1998 10/07/1998

1. Definitions (O. 106, r. 1)

In this Order- "the Ordinance" (條例) means the Legal Practitioners Ordinance (Cap 159); "appeal" (上訴) means an appeal against any order made by the disciplinary tribunal on an application or complaint

under the Ordinance; (L.N. 275 of 1998) "disciplinary tribunal" (紀律審裁組) means the Solicitors Disciplinary Tribunal constituted in accordance with

section 9B of the Ordinance; (L.N. 275 of 1998) "Society" (律師會) means The Law Society of Hong Kong.

(L.N. 275 of 1998)

2. Jurisdiction under Part VI of the Ordinance exercisable by judge in chambers, etc. (O. 106, r. 2)

(1) Any application to the Court under Part VI of the Ordinance may be disposed of in chambers. (2) The jurisdiction of the Court under Part VI of the Ordinance may be exercised by a judge in chambers.

3. Power to order solicitor to deliver cash account, etc. (O. 106, r. 3)

(1) Where the relationship of solicitor and client exists or has existed, the Court may, on the application of the client or his personal representative, make an order for-

(a) the delivery by the solicitor of a cash account; (b) the payment or delivery up by the solicitor of money or securities; (c) the delivery to the plaintiff of a list of the moneys or securities which the solicitor has in his possession

or control on behalf of the plaintiff; (d) the payment into or lodging in court of any such moneys or securities.

(2) An application for an order under this rule must be made by originating summons. (3) If the defendant alleges that he has a claim for costs, the Court may make such order for the taxation and

payment, or securing the payment, thereof and the protection of the defendant's lien, if any, as the Court thinks fit.

5. Form of originating summons (O. 106, r. 5)

An originating summons by which an application under the Ordinance, or any application for an order under rule 3, is made shall be in Form No. 10 in Appendix A.

Cap 4A - THE RULES OF THE HIGH COURT 289

10. Service of documents (O. 106, r. 10)

(1) Any document required to be served on the Society in proceedings under this Order shall be served by sending it by prepaid post to the secretary of the Society.

(2) Subject to paragraph (1), any document not required to be served personally which is to be served on a defendant to proceedings under this Order shall, unless the Court otherwise directs, be deemed to be properly served by sending it by prepaid post to the defendant at his last known address.

11. Constitution of the Court of Appeal to hear appeals (O. 106, r. 11)

Every appeal shall be heard by the Court of Appeal consisting, unless the Chief Justice otherwise directs, of not less than 3 judges.

12. Title, service, etc. of notice of motion (O. 106, r. 12)

(1) The notice of the originating motion by which an appeal is brought must be entitled in the matter of a solicitor, or, as the case may be, a solicitor's clerk, without naming him, and in the matter of the Ordinance.

(2) Unless the Court otherwise orders, the persons to be served with such notice are every party to the proceedings before the disciplinary tribunal and the Society. (L.N. 275 of 1998)

(3) The notice must be served within 21 days from the day on which the order appealed against is pronounced. (L.N. 275 of 1998)

(4) (Repealed L.N. 275 of 1998)

13. Society to produce certain documents (O. 106, r. 13)

(1) Within 7 days after being served with notice of the originating motion by which an appeal is brought the Society must lodge in the Registry 3 copies of each of the following documents-

(a) the order appealed against, prefaced by the statement of the disciplinary tribunal's findings required by section 12 of the Ordinance,

(b) any document lodged by a party with the disciplinary tribunal which is relevant to a matter in issue on the appeal, and

(c) the transcript of the shorthand note, or, as the case may be, the note taken by the chairman of the disciplinary tribunal, of the evidence in the proceedings before the tribunal. (L.N. 275 of 1998)

(2) At the hearing of the appeal the Court shall direct by whom the costs incurred in complying with paragraph (1) are to be borne and may order them to be paid to the Society by one of the parties notwithstanding that the Society does not appear at the hearing.

14. Restriction on requiring security for costs (O. 106, r. 14)

No person other than an appellant who was the applicant in the proceedings before the disciplinary tribunal or, in the case of an application to that tribunal by a solicitor to procure his name to be removed from the roll, was an objector, shall be ordered to give security for the costs of an appeal.

(L.N. 275 of 1998)

15. Disciplinary tribunal's opinion may be required (O. 106, r. 15)

The Court may direct the disciplinary tribunal to furnish the Court with a written statement of their opinion on the case which is the subject-matter of an appeal or on any question arising therein, and where such a direction is given, the clerk to the disciplinary tribunal must as soon as may be lodge 3 copies of such statement in the Registry

Cap 4A - THE RULES OF THE HIGH COURT 290

and at the same time send a copy to each of the parties to the appeal. (L.N. 275 of 1998)

16. Persons entitled to be heard on appeal (O. 106, r. 16)

A person who has not been served with notice of the originating motion by which an appeal is brought but who desires to be heard in opposition to the appeal shall, if he appears to the Court to be a proper person to be so heard, be entitled to be so heard.

17. Discontinuance of appeal (O. 106, r. 17)

(1) An appellant may at any time discontinue his appeal by serving notice of discontinuance on the clerk to the disciplinary tribunal and every other party to the appeal and, if the appeal has been entered, by lodging a copy of the notice in the Registry. (L.N. 275 of 1998)

(2) Where an appeal has been discontinued in accordance with paragraph (1), it shall be treated as having been dismissed with an order for payment by the appellant of the costs of and incidental to the appeal, including any costs incurred by the Society in complying with rule 13(1).

(Enacted 1988)

Order: 113 SUMMARY PROCEEDINGS FOR POSSESSION OF LAND

25 of 1998 01/07/1997

Remarks: Adaptation amendments retroactively made - see 25 of 1998 s. 2

1. Where a person claims possession of land which he alleges is occupied solely by a person or persons (not being a tenant or tenants holding over after the termination of the tenancy) who entered into or remained in occupation without his licence or consent or that of any predecessor in title of his, the proceedings may be brought by originating summons in accordance with the provisions of this Order.

1A. Jurisdiction of masters (O. 113, r. 1A)

Proceedings under this Order may be heard and determined by a master, who may refer them to a judge if he thinks they should properly be decided by the judge.

(L.N. 404 of 1991)

2. Form of originating summons (O. 113, r. 2)

The originating summons shall be in Form No. 11A in Appendix A and no acknowledgment of service of it shall be required.

3. Affidavit in support (O. 113, r. 3)

The plaintiff shall file in support of the originating summons an affidavit stating- (a) his interest in the land; (b) the circumstances in which the land has been occupied without licence or consent and in which his

claim to possession arises; and (c) that he does not know the name of any person occupying the land who is not named in the summons.

4. Service of originating summons (O. 113, r. 4)

(1) Where any person in occupation of the land is named in the originating summons, the summons together with a copy of the affidavit in support shall be served on him-

(a) personally, or

Cap 4A - THE RULES OF THE HIGH COURT 291

(HK)(aa) by sending a copy of the summons and of the affidavit by ordinary post to him at the premises, or (b) by leaving a copy of the summons and of the affidavit, or sending them to him, at the premises, or (c) in such other manner as the Court may direct.

(2) The summons shall, in addition to being served on the named defendants (if any) in accordance with paragraph (1), be served, unless the Court otherwise directs, by-

(a) affixing a copy of the summons and a copy of the affidavit to the main door or other conspicuous part of the premises, and

(b) if practicable, inserting through the letter-box at the premises a copy of the summons and a copy of the affidavit enclosed in a sealed envelope addressed to "the occupiers".

(2A) Every copy of an originating summons for service under paragraph (1) or (2) shall be sealed with the seal of the High Court. (25 of 1998 s. 2)

(3) Order 28, rule 3, shall not apply to proceedings under this Order.

5. Application by occupier to be made a party (O. 113, r. 5)

Without prejudice to Order 15, rules 6 and 10, any person not named as a defendant who is in occupation of the land and wishes to be heard on the question whether an order for possession should be made may apply at any stage of the proceedings to be joined as a defendant.

6. Order for possession (O. 113, r. 6)

(1) A final order shall, except in case of urgency and by leave of the Court, not be made less than 5 clear days after the date of service. (L.N. 165 of 1992)

(2) An order for possession in proceedings under this Order shall be in Form No. 42A in Appendix A. (3) Nothing in this Order shall prevent the Court from ordering possession to be given on a specified date, in

exercise of any power which could have been exercised if possession had been claimed in an action begun by writ.

7. Writ of possession (O. 113, r. 7)

(1) Order 45, rule 3(2), shall not apply in relation to an order for possession under this Order but no writ of possession to enforce such an order shall be issued after the expiry of 3 months from the date of the order without the leave of the Court.

An application for leave may be made ex parte unless the Court otherwise directs. (2) The writ of possession shall be in Form No. 66A in Appendix A.

8. Setting aside order (O. 113, r. 8)

The judge may, on such terms as he thinks just, set aside or vary any order made in proceedings under this Order.

(Enacted 1988)

Order: 114 (HK) COMMISSIONERS FOR OATHS 25 of 1998 01/07/1997

Remarks: Adaptation amendments retroactively made - see 25 of 1998 s. 2

1. Appointment of commissioners for oaths (O. 114, r. 1)

(HK)(1) The Chief Justice may, by a commission signed by him, appoint fit and proper persons to be commissioners to administer oaths and take declarations, affirmations, and attestations of honour, and may revoke any such appointment.

(1A)The power of appointment under paragraph (1) may, by a notice in writing signed by the Chief Justice, be delegated to the Registrar. (L.N. 167 of 1994)

(2) Every person so appointed shall be styled a commissioner for oaths and shall have all the powers and

Cap 4A - THE RULES OF THE HIGH COURT 292

discharge all the duties which now belong to the office of a commissioner to administer oaths.

2. Officers of the court to administer oaths (O. 114, r. 2)

(HK) Every person who, being an officer of or performing duties in relation to the Court, is for the time being so authorized by the Court or by or in pursuance of any rules or orders regulating the procedure of the Court, and every person directed to take an examination in any cause or matter in the Court, shall have authority to administer any oath or take any affidavit required for any purpose connected with his duties.

(Enacted 1988)

Order: 115 DRUG TRAFFICKING (RECOVERY OF PROCEEDS) ORDINANCE (CAP 405)

L.N. 163 of 2013 03/03/2014

1. Interpretation (O. 115, r. 1)

(1) In this Order "the Ordinance" (條例) means the Drug Trafficking (Recovery of Proceeds) Ordinance (Cap 405), and a section referred to by number means the section so numbered in the Ordinance.

(2) Expressions used in this Order which are used in the Ordinance have the same meanings in this Order as in the Ordinance.

2. Assignment of proceedings (O. 115, r. 2)

Subject to Order 32, rule 18, and to rule 12, the jurisdiction of the Court under the Ordinance shall be exercised by a judge of the Court in chambers notwithstanding that the originating process is an originating summons.

(L.N. 296 of 1996; L.N. 152 of 2008)

2A. Application for confiscation order where person has died or absconded (O. 115, r. 2A)

(1) An application for a confiscation order under section 3 where the defendant has died or absconded shall be made by the Secretary for Justice. (L.N. 152 of 2008)

(2) An application under paragraph (1) may be made by originating summons in Form No. 10 in Appendix A. (L.N. 152 of 2008)

(89 of 1995 s. 30; L.N. 296 of 1996; L.N. 362 of 1997)

3. Application for restraint order or charging order (O. 115, r. 3)

(1) An application for a restraint order under section 10 or for a charging order under section 11 (to either of which may be joined an application for the appointment of a receiver) shall be made by the Secretary for Justice ex parte. (L.N. 296 of 1996; L.N. 362 of 1997; L.N. 152 of 2008)

(1A)An application under paragraph (1) may be made by originating summons in Form No. 10 in Appendix A. (L.N. 152 of 2008)

(2) An application under paragraph (1) shall be supported by an affidavit, which shall- (a) state, as the case may be, the grounds for believing that-

(i) the defendant has benefited from drug trafficking; or (ii) the Court of First Instance will be satisfied as specified in section 15(1A); (89 of 1995 s. 30; 25

of 1998 s. 2) (b) state, as the case may be-

(i) that proceedings have been instituted against the defendant for a drug trafficking offence (giving particulars of the offence) and that they have not been concluded;

(ii) that, whether by the laying of an information or otherwise, a person is to be charged with a drug trafficking offence;

(iii) that an application for a confiscation order has been made in respect of the defendant where section 3(1)(a)(ii) or (7) is applicable; or

Cap 4A - THE RULES OF THE HIGH COURT 293

(iv) that an application has been made under section 15(1A) in respect of a confiscation order made against the defendant; (89 of 1995 s. 30)

(c) to the best of the deponent's ability, give full particulars of the realisable property in respect of which the order is sought and specify the person or persons holding such property;

(d) where proceedings have not been instituted, verify that the Secretary for Justice is to have the conduct of the proposed proceedings; (L.N. 362 of 1997)

(e) where proceedings have not been instituted, indicate when it is intended that they should be instituted. (3) An originating summons under paragraph (1A) shall be entitled in the matter of the defendant, naming him,

and in the matter of the Ordinance, and all subsequent documents in the matter shall be so entitled. (L.N. 152 of 2008) (4) Unless the Court otherwise directs, an affidavit under paragraph (2) may contain statements of information

or belief with the sources and grounds thereof.

4. Restraint order and charging order (O. 115, r. 4)

(1) A restraint order may be made subject to conditions and exceptions, including but not limited to conditions relating to the indemnifying of third parties against expenses incurred in complying with the order, and exceptions relating to reasonable living expenses and reasonable legal expenses of the defendant, but the Secretary for Justice shall not be required to give an undertaking to abide by any order as to damages sustained by the defendant as a result of the restraint order. (89 of 1995 s. 30)

(2) Unless the Court otherwise directs, a restraint order made ex parte shall have effect until a day which shall be fixed for the hearing inter partes of the application and a charging order shall be an order to show cause, imposing the charge until such day.

(3) Where a restraint order is made the Secretary for Justice shall serve copies of the order and of the affidavit in support on the defendant and on all other named persons restrained by the order and shall notify all other persons or bodies affected by the order of its terms.

(4) Where a charging order is made the Secretary for Justice shall, unless the Court otherwise directs, serve copies of the order and of the affidavit in support on the defendant and, where the property to which the order relates is held by another person, on that person and shall serve a copy of the order on such of the persons or bodies specified in Order 50, rule 2(1)(b) to (d) as shall be appropriate.

(L.N. 362 of 1997)

5. Discharge or variation of order (O. 115, r. 5)

(1) Any person or body on whom a restraint order or a charging order is served or who is notified of such an order may apply by summons to discharge or vary the order.

(2) The summons and any affidavit in support shall be served on the Secretary for Justice and, where he is not the applicant, on the defendant, not less than 2 clear days before the date fixed for the hearing of the summons. (L.N. 296 of 1996; L.N. 362 of 1997)

(3) Upon the Court being notified that proceedings for the offences have been concluded or that the amount payment of which is secured by a charging order has been paid into court, any restraint order or charging order, as the case may be, shall be discharged.

6. Further application by Secretary for Justice (O. 115, r. 6)

(1) Where a restraint order or a charging order has been made the Secretary for Justice may apply (and, if so, by summons) or, where the case is one of urgency, ex parte- (L.N. 296 of 1996; L.N. 362 of 1997)

(a) to discharge or vary such order; or (b) for a restraint order or a charging order in respect of other realisable property; or (c) for the appointment of a receiver.

(2) An application under paragraph (1) shall be supported by an affidavit which, where the application is for a restraint order or a charging order, shall to the best of the deponent's ability give full particulars of the realisable property in respect of which the order is sought and specify the person or persons holding such property.

(3) The summons and affidavit in support shall be served on the defendant and, where one has been appointed in the matter, on the receiver, not less than 2 clear days before the date fixed for the hearing of the summons. (L.N. 296 of 1996)

Cap 4A - THE RULES OF THE HIGH COURT 294

(4) Rule 4(3) and (4) shall apply to the service of restraint orders and charging orders respectively made under this rule on persons other than the defendant.

7. Realisation of property (O. 115, r. 7)

(1) An application under section 12 must be made by the Secretary for Justice. (L.N. 152 of 2008) (1A)The application may, where there have been proceedings against the defendant in the Court of First

Instance, be made by summons and may otherwise be made by originating summons in Form No. 10 in Appendix A. (L.N. 152 of 2008)

(2) The summons or originating summons, as the case may be, shall be served with the evidence in support not less than 7 days before the date fixed for the hearing of the summons on- (L.N. 152 of 2008)

(a) the defendant; (b) any person holding any interest in the realisable property to which the application relates; and (c) the receiver, where one has been appointed in the matter.

(3) The application shall be supported by an affidavit, which shall, to the best of the deponent's ability, give full particulars of the realisable property to which it relates and specify the person or persons holding such property, and a copy of the confiscation order, of any certificate issued by the Court under section 6(2) and of any charging order made in the matter shall be exhibited to such affidavit.

(4) The Court may, on an application under section 12, exercise the power conferred by section 13(1) to direct the making of payments by the receiver.

8. Receivers (O. 115, r. 8)

(1) Subject to this rule, the provisions of Order 30, rules 2 to 8 shall apply where a receiver is appointed in pursuance of a charging order or under section 10 or 12.

(2) Where the receiver proposed to be appointed has been appointed receiver in other proceedings under the Ordinance, it shall not be necessary for an affidavit of fitness to be sworn or for the receiver to give security, unless the Court otherwise orders.

(3) Where a receiver has fully paid the amount payable under the confiscation order and any sums remain in his hands, he shall apply by case management summons as to the distribution of such sums. (L.N. 152 of 2008)

(4) A summons under paragraph (3) shall be served with any evidence in support not less than 7 days before the date fixed for the hearing of the summons on-

(a) the defendant; and (b) any other person who held property realised by the receiver.

9. Variation of confiscation order (O. 115, r. 9)

(1) The Secretary for Justice or defendant may apply by summons for an order under section 15(1). (2) A summons under paragraph (1) shall be served, with any supporting evidence, not less than 7 days before

the date fixed for the hearing of the summons on- (a) where the Secretary for Justice is making the application, the defendant; (b) where the defendant is making the application, the Secretary for Justice,

and, in either case, on the receiver, where one has been appointed in the matter. (3) The Secretary for Justice may apply by summons for an order under section 15(1A). (89 of 1995 s. 30)

(89 of 1995 s. 30; L.N. 362 of 1997)

10. Compensation (O. 115, r. 10)

An application for an order under section 27 shall be made by summons, which shall be served, with any supporting evidence, on the person alleged to be in default and on the Secretary for Justice not less than 7 days before the date fixed for the hearing of the summons.

(L.N. 362 of 1997)

11. Disclosure of information (O. 115, r. 11)

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(1) An application under section 23 shall be made by the Secretary for Justice by summons, which shall state the nature of the order sought and whether material sought to be disclosed is to be disclosed to a receiver appointed under section 10 or 12 or in pursuance of a charging order or to an authorized officer. (L.N. 362 of 1997)

(2) The summons and affidavit in support shall be served on the public body- (a) not less than 7 days before the date fixed for the hearing of the summons; and (b) where the public body is a Government Department, in accordance with Order 77, rule 4.

(3) The affidavit in support of an application under paragraph (1) shall state the grounds for believing that the conditions in section 23(4) and, if appropriate, section 23(7) are fulfilled.

12. Exercise of powers under section 29 (O. 115, r. 12)

The powers conferred on the Court by section 29 may be exercised by a judge in chambers and a Master.

13. Application for registration (O. 115, r. 13)

An application for registration of an external confiscation order under section 29(1) may be ex parte.

15. Evidence in support of application under section 29(1) (O. 115, r. 15)

An application for registration of an external confiscation order must be supported by an affidavit- (a) exhibiting the order or a verified or certified or otherwise duly authenticated copy thereof and, where

the order is not in the English language, a translation thereof into English certified by a notary public or authenticated by affidavit; and

(b) stating- (i) that the order is in force and is not subject to appeal; (ii) where the person against whom, or in relation to whose property, the order was made did not

appear in the proceedings, that he received notice of the proceedings, in accordance with the law of the designated country concerned, in sufficient time to enable him to defend them; (89 of 1995 s. 30)

(iii) in the case of money, either that at the date of the application the sum payable under the order has not been paid or the amount which remains unpaid, as may be appropriate, or, in the case of other property, the property which has not been recovered; and

(iv) to the best of the deponent's knowledge, particulars of what property the person against whom, or in relation to whose property, the order was made holds in Hong Kong, giving the source of the deponent's knowledge. (89 of 1995 s. 30)

16. Register of orders (O. 115, r. 16)

(1) The Registrar shall keep a register of the orders registered under the Ordinance. (2) There shall be included in such register particulars of any variation or setting aside of a registration, of any

variation, satisfaction or discharge of a registered order, and of any execution issued on such an order.

17. Notice of registration (O. 115, r. 17)

(1) Notice of the registration of an order must be served on the person against whom, or in relation to whose property, it was obtained by delivering it to him personally or by sending it to him at his usual or last known address or place of business or in such other manner as the Court may direct. (89 of 1995 s. 30)

(2) Service of such a notice out of the jurisdiction is permissible without leave, and Order 11, rules 5, 6 and 8 shall apply in relation to such a notice as they apply in relation to a writ.

(3) The notice shall state the period within which an application may be made to vary or set aside the registration and that the order will not be enforced until after the expiration of that period.

18. Application to vary or set aside registration (O. 115, r. 18)

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An application by the person against whom, or in relation to whose property, an order was made to vary or set aside the registration of an order must be made to a judge by summons supported by affidavit.

(89 of 1995 s. 30)

19. Enforcement of order (O. 115, r. 19)

(1) An order registered under the Ordinance shall not be enforced until after the expiration of the period specified in accordance with rule 17(3) or, if that period has been extended by the Court, until after the expiration of the period so extended.

(2) If an application is made under rule 18, an order shall not be enforced until after such application is determined.

20. Variation, satisfaction and discharge of registered order (O. 115, r. 20)

Upon the Court being notified by the applicant for registration that an order which has been registered has been varied, satisfied or discharged, particulars of the variation, satisfaction or discharge, as the case may be, shall be entered in the register.

21. Rules to have effect subject to orders (O. 115, r. 21)

Rules 12 to 20 shall have effect subject to the provisions of any order made under section 28.

22. Statement relating to drug trafficking (O. 115, r. 22)

(HK)(1) Where the Secretary for Justice or the defendant proposes to tender to the Court any statement or other document under section 5 he shall give a copy thereof as soon as practicable to the defendant or the Secretary for Justice, as the case may be, and to the appropriate officer of the Court. (89 of 1995 s. 30)

(2) Any statement tendered to the Court by the Secretary for Justice under section 5(1) shall include the following particulars, namely- (L.N. 362 of 1997)

(a) the name of the defendant; (b) the name of the person who made the statement; (c) such information known to the person who made the statement as is relevant to-

(i) where section 3(1)(a)(ii) is applicable, the determination whether the defendant could have been convicted in respect of the drug trafficking offence or offences concerned;

(ii) the determination whether the defendant has benefited from drug trafficking; (iii) the assessment of the value of the defendant's proceeds of drug trafficking. (89 of 1995 s. 30)

(L.N. 362 of 1997)

23. Investigation into drug trafficking-discharge and variation of orders (O. 115, r. 23)

(1A)An authorized officer shall make an application for an order under section 20 or a warrant under section 21 ex parte to a judge by laying an information on oath. (L.N. 142 of 1990) (HK)(1) Where an order under section 20 has been made, the person required to comply with it may apply in writing to the appropriate officer of the Court for the order to be discharged or varied, and on hearing such an application the Court may discharge the order or make such variations to it as it thinks fit.

(2) Subject to paragraph (3), where a person proposes to make an application under paragraph (1) for the discharge or variation of an order, he shall give a copy of the application, not later than 48 hours before the making of the application, to the authorized officer by whom the application for an order was made, or if such officer is not known or cannot be found, to another authorized officer, together with a notice indicating the time and place at which the application for discharge or variation is to be made.

(3) The Court may direct that paragraph (2) need not be complied with if it is satisfied that the person making

Cap 4A - THE RULES OF THE HIGH COURT 297

the application has good reason to seek a discharge or variation of the order as soon as possible and it is not practicable to comply with that paragraph.

(L.N. 282 of 1989)

24. Application for continued detention of seized property (O. 115, r. 24)

(1) An application under section 24C(2) for an order to authorize the continued detention of seized property may be made by originating summons in Form No. 10 in Appendix A. (L.N. 152 of 2008)

(2) An application under paragraph (1) shall be supported by an affidavit, which shall- (a) state what the seized property consists of (including, in the case of money, the amount and currency

thereof) and the date on which and the place at which it was seized; (b) state the grounds for suspecting that the seized property is specified property; and (c) give particulars, in terms of the matters referred to in section 24C(2)(b), as to why the continued

detention of the seized property is justified. (L.N. 296 of 1996)

25. Order for continued detention of seized property (O. 115, r. 25)

(1) Where an order is made under section 24C(2), the applicant shall, as soon as is practicable, serve a copy of the order on each person affected by the order.

(2) An order under section 24C(2) shall be in Form No. 108 in Appendix A. (3) In rules 26(3) and (4), 27, 28(2) and 29(3) and (4), "affected person" (受影響的人), in relation to any

summons or order referred to in those rules, means a person- (a) on whom a copy of an order made under section 24C(2) has been served pursuant to paragraph (1)

where the seized property (or any part thereof) the subject of the summons or first-mentioned order is or was the subject of the second-mentioned order; or

(b) in respect of whom the Court has made an order under rule 31 in connection with the summons or first- mentioned order.

(L.N. 296 of 1996)

26. Application for further detention of seized property (O. 115, r. 26)

(1) An application under section 24C(3) for an order to authorize the further detention of seized property shall be made by summons in the proceedings commenced under rule 24.

(2) An application under paragraph (1) shall be supported by an affidavit, which shall- (a) state the grounds for suspecting that the seized property is specified property; and (b) give particulars, in terms of the matters referred to in section 24C(2)(b), as to why the continued

detention of the seized property is justified. (3) The summons and the affidavit in support shall be served on each affected person not less than 5 clear days

before the date fixed for the hearing of the summons. (4) Affidavit evidence in response to the summons shall be served by an affected person on-

(a) the Secretary for Justice on behalf of the applicant; and (L.N. 362 of 1997) (b) each other affected person,

not less than 2 clear days before the date fixed for the hearing of the summons. (L.N. 296 of 1996)

27. Order for further detention of seized property (O. 115, r. 27)

Where an order is made under section 24C(3), the applicant shall, as soon as is practicable, serve a copy of the order on each affected person.

(L.N. 296 of 1996)

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28. Application for release of seized property (O. 115, r. 28)

(1) An application under section 24C(4)(a) for the release of seized property detained by an order under section 24C(2) or (3) shall be made by summons which shall state the grounds on which the application is made.

(2) The summons and any affidavit in support shall be served on- (a) the Secretary for Justice on behalf of the authorized officer who obtained the order by virtue of which

the seized property is detained; and (L.N. 362 of 1997) (b) each other affected person,

not less than 5 clear days before the date fixed for the hearing of the summons. (3) Any affidavit in opposition to the summons shall be served on-

(a) the person who made the application under paragraph (1); and (b) each of the other persons referred to in paragraph (2)(a) and (b),

not less than 2 clear days before the date fixed for the hearing of the summons. (L.N. 296 of 1996)

29. Application for forfeiture of seized property (O. 115, r. 29)

(1) An application under section 24D(1) for the forfeiture of seized property shall be made by summons in the proceedings under which any order under rule 24 has been obtained.

(2) An application under paragraph (1) shall be supported by an affidavit, which shall state the grounds for believing that the seized property-

(a) in whole or in part directly or indirectly represents any person's proceeds of drug trafficking; (b) has been used in drug trafficking; or (c) is intended for use in drug trafficking.

(3) The summons and the affidavit in support referred to in paragraphs (1) and (2) shall be served on each affected person not less than 14 clear days before the date fixed for the hearing of the summons.

(4) Any affidavit in opposition to the summons shall be served by an affected person on- (a) the Secretary for Justice on behalf of the applicant; and (L.N. 362 of 1997) (b) each other affected person,

not less than 5 clear days before the date fixed for the hearing of the summons. (L.N. 296 of 1996)

30. Release of seized property (O. 115, r. 30)

Where in relation to any seized property- (a) an order under section 24C(2) expires without an order being made under section 24C(3); (b) an order under section 24C(3) expires without a further order being made thereunder; or (c) a direction is obtained under section 24C(4),

then, unless the Court has directed that an issue be stated and tried as between affected persons, the property shall be forthwith released on such terms, if any, as the Court thinks fit to the person from whom the property was seized or to such other person as appears to be entitled to it.

(L.N. 296 of 1996)

31. Joinder and payment into Court (O. 115, r. 31)

(1) Without prejudice to its powers under Order 15, rule 6, the Court may either of its own motion or on application order that any person who may be affected by any order made by it be joined as a party to the proceedings.

(2) The Court may order that the property which is the subject of an application or order shall be paid into or lodged in Court on such terms as it thinks fit.

(L.N. 296 of 1996)

32. Service of documents (O. 115, r. 32)

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(1) Without prejudice to Order 65, any documents required to be served on a party under rules 25 to 29 may be served in accordance with the provisions of this rule.

(2) Where documents are required to be served on a party from whom property has been seized and that party has provided an authorized officer with an address or facsimile number at which any such document may be served, the documents may be served by leaving them at or sending them by registered mail to that address or by sending it by facsimile to the number provided.

(3) If that party has refused to provide an authorized officer with any such address or facsimile number and there is no other method of serving him or if it is otherwise not possible to serve a party, the documents may be served on that party by exhibiting them on a notice board at a place to which the public have access on the ground floor of the High Court Building but where any application made under rule 25, 26, 27, 28 or 29 is so served, the applicant shall state in his affidavit of service why this method of service has been adopted and the Court shall consider whether to give directions for some other form of service (including substituted service) by the applicant. (25 of 1998 s. 2)

(4) A body corporate which is not incorporated in Hong Kong and which is not a registered non-Hong Kong company as defined by section 2(1) of the Companies Ordinance (Cap 622) may be served by leaving the document to be served at or by sending it by registered mail to the registered office or principal place of business of that body corporate. (28 of 2012 ss. 912 & 920)

(L.N. 296 of 1996)

33. Power to extend or abridge time (O. 115, r. 33)

Rules 26(3) and (4), 28(2) and (3), and 29(3) and (4) shall not operate to prejudice the power of the Court under Order 3, rule 5, to extend or abridge the period within which a person is required or authorized by any of those rules to do any act in any proceedings.

(L.N. 296 of 1996)

Order: 115A (HK) MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS ORDINANCE (Cap 525)

L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

1. Interpretation (O. 115A, r. 1)

(1) In this Order "the Ordinance" (條例) means the Mutual Legal Assistance in Criminal Matters Ordinance (Cap 525), and a section referred to by number in rules 3 to 12 means the section so numbered in the Ordinance and in rules 13 to 18 means the section so numbered in Schedule 2 to the Ordinance.

(2) Expressions used in this Order which are used in the Ordinance (including Schedule 2 to the Ordinance) have the same meanings in this Order as in the Ordinance.

2. Assignment of proceedings (O. 115A, r. 2)

Subject to rule 3, the jurisdiction of the Court under the Ordinance shall be exercised by a judge of the Court in chambers.

3. Exercise of powers under section 28 (O. 115A, r. 3)

The powers conferred on the Court by section 28 may be exercised by a judge in chambers and a Master.

4. Application for registration (O. 115A, r. 4)

An application for registration of an external confiscation order under section 28(1) may be ex parte.

5. Evidence in support of application under section 28(1) (O. 115A, r. 5)

Cap 4A - THE RULES OF THE HIGH COURT 300

the order is not in the English language, a translation thereof into English certified by a notary public or authenticated by affidavit; and

(b) stating- (i) that the order is in force and is not subject to appeal; (ii) where the person against whom, or in relation to whose property, the order was made did not

appear in the proceedings, that he received notice of the proceedings, in accordance with the law of the place outside Hong Kong concerned, in sufficient time to enable him to defend them;

(iv) to the best of the deponent's knowledge, particulars of what property the person against whom, or in relation to whose property, the order was made holds in, or controls from, Hong Kong, giving the source of the deponent's knowledge.

6. Register of orders (O. 115A, r. 6)

variation, satisfaction or discharge of a registered order, and of any execution issued on such an order.

7. Notice of registration (O. 115A, r. 7)

(2) Service of such a notice out of the jurisdiction is permissible without leave, and Order 11, rules 5, 6 and 8 shall apply in relation to such a notice as they apply in relation to a writ.

(3) The notice shall state the period within which an application may be made to vary or set aside the registration and that the order will not be enforced until after the expiration of that period.

8. Application to vary or set aside registration (O. 115A, r. 8)

An application by the person against whom an order was made to vary or set aside the registration of an order must be made to a judge by summons supported by affidavit.

9. Enforcement of order (O. 115A, r. 9)

(1) An order registered under the Ordinance shall not be enforced until after the expiration of the period specified in accordance with rule 7(3) or, if that period has been extended by the Court, until after the expiration of the period so extended.

(2) If an application is made under rule 8, an order shall not be enforced until after such application is determined.

10. Variation, satisfaction and discharge of registered order (O. 115A, r. 10)

11. Rules to have effect subject to orders (O. 115A, r. 11)

Cap 4A - THE RULES OF THE HIGH COURT 301

Rules 3 to 10 shall have effect subject to the provisions of any order made under section 27.

12. Investigation or proceeding relating to criminal matter-discharge and variation of orders (O. 115A, r. 12)

(1) An authorized officer shall make an application for an order under section 15 ex parte to a judge by laying an information on oath.

(2) Where an order under section 15 has been made, the person required to comply with it may apply in writing to the appropriate officer of the Court for the order to be discharged or varied, and on hearing such an application the Court may discharge the order or make such variations to it as it thinks fit.

(3) Subject to paragraph (4), where a person proposes to make an application under paragraph (2) for the discharge or variation of an order, he shall give a copy of the application, not later than 48 hours before the making of the application, to the authorized officer by whom the application for an order was made, or if such officer is not known or cannot be found, to another authorized officer, together with a notice indicating the time and place at which the application for discharge or variation is to be made.

(4) The Court may direct that paragraph (3) need not be complied with if it is satisfied that the person making the application has good reason to seek a discharge or variation of the order as soon as possible and it is not practicable to comply with that paragraph.

13. Application for restraint order or charging order (O. 115A, r. 13)

(1) An application for a restraint order under section 7 or for a charging order under section 8 (to either of which may be joined an application for the appointment of a receiver) may be made by the Secretary for Justice ex parte by originating summons. (L.N. 362 of 1997; L.N. 152 of 2008)

(2) An application under section 7(4) or 8(3) shall be supported by an affidavit which shall- (a) state, where applicable, the grounds for believing that an external confiscation order may be made in

the proceedings instituted or to be instituted in the place outside Hong Kong concerned; (b) to the best of the deponent's ability, give particulars of the realisable property in respect of which the

order is sought and specify the person or persons holding such property; (c) in a case to which section 6(2) applies, indicate when it is intended that proceedings should be

instituted in the place outside Hong Kong concerned. (3) An originating summons under paragraph (1) shall be entitled in the matter of the defendant, naming him,

or belief with the sources and grounds thereof.

14. Restraint order and charging order (O. 115A, r. 14)

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in Order 50, rule 2(1)(b) to (d) as shall be appropriate. (L.N. 362 of 1997)

15. Discharge or variation of order (O. 115A, r. 15)

(1) Any person or body on whom a restraint order or a charging order is served or who is notified of such an order may apply by summons to discharge or vary the order.

(2) The summons and any affidavit in support shall be lodged with the Court and served on the Secretary for Justice and, where he is not the applicant, on the defendant, not less than 2 clear days before the date fixed for the hearing of the summons. (L.N. 362 of 1997)

(3) Upon the Court being notified that proceedings have been concluded any restraint or charging order shall be discharged.

16. Further application by Secretary for Justice (O. 115A, r. 16)

(1) Where a restraint order or a charging order has been made the Secretary for Justice may apply by summons or, where the case is one of urgency, ex parte- (L.N. 362 of 1997)

(a) to discharge or vary such order; (b) for a restraint order or a charging order in respect of other realisable property; or (c) for the appointment of a receiver.

(3) The summons and affidavit in support shall be lodged with the Court and served on the defendant and, where one has been appointed in the matter, on the receiver, not less than 2 clear days before the date fixed for the hearing of the summons.

(4) Rule 14(3) and (4) shall apply to the service of restraint orders and charging orders respectively made under this rule on persons other than the defendant.

17. Realisation of property (O. 115A, r. 17)

(1) An application under section 9 shall, where there have been proceedings against the defendant in the Court of First Instance, be made by the Secretary for Justice by summons and shall otherwise be made by originating summons. (L.N. 362 of 1997; 25 of 1998 s. 2; L.N. 152 of 2008)

(a) the defendant; (b) any person holding any interest in the realisable property to which the application relates; and (c) the receiver, where one has been appointed in the matter.

(4) The Court may, on an application under section 9, exercise the power conferred by section 10(1) to direct the making of payments by the receiver.

18. Receivers (O. 115A, r. 18)

(1) Subject to this rule, the provisions of Order 30, rules 2 to 8 shall apply where a receiver is appointed in pursuance of a charging order or under section 7 or 9.

(3) Where a receiver has fully paid the amount payable under the external confiscation order and any sums remain in his hands, he shall apply by case management summons as to the distribution of such sums. (L.N. 152 of 2008)

Cap 4A - THE RULES OF THE HIGH COURT 303

(4) A summons under paragraph (3) shall be served with any evidence in support not less than 7 days before the date fixed for the hearing of the summons on-

(a) the defendant; and (b) any other person who held property realised by the receiver.

(87 of 1997 s. 36)

Order: 116 (HK) ORGANIZED AND SERIOUS CRIMES ORDINANCE (CAP 455)

L.N. 362 of 1997; 25 of 1998

01/07/1997

Remarks: Adaptation amendments retroactively made - see 25 of 1998 s. 2

PART II-POWERS OF INVESTIGATION

1. Interpretation (O. 116, r. 1)

(1) In this Order "the Ordinance" (條例) means the Organized and Serious Crimes Ordinance (Cap 455), and a section referred to by number means the section so numbered in the Ordinance.

(2) Expressions used in this Order which are used in the Ordinance have the same meanings in this Order as in the Ordinance.

2. Application of this Order (O. 116, r. 2)

This Order applies to applications- (a) by the Secretary for Justice under section 3 for an order authorizing the Secretary for Justice to require

a person to furnish information or produce material; (b) by the Secretary for Justice or an authorized officer under section 4 for an order that a person make

material available; and (c) by an authorized officer under section 5 for the issue of a search warrant.

(L.N. 362 of 1997)

3. Assignment of proceedings (O. 116, r. 3)

For the purposes of this Order, the jurisdiction of the Court under the Ordinance shall be exercised by a judge of the Court in chambers.

4. Applications under section 3, 4 or 5 (O. 116, r. 4)

(1) An application to which this Order applies- (a) shall be made by laying an information on oath; (b) may, where a judge so directs, be heard at a place other than within the court premises.

(2) At the hearing of an application to which this Order applies the Court may receive evidence from the applicant.

5. Application to be heard in camera (O. 116, r. 5)

(1) An application to which this Order applies, and any other application provided for in this Order, shall be heard in camera.

(2) The information and all other documents relating to such application shall be treated as confidential and shall, immediately on the determination of the application, be placed in a packet and sealed by order of the judge by whom the application was heard.

(3) The packet shall be kept in the custody of the Court in a place to which the public has no access or in such other place as the judge may authorize and-

(a) shall not be opened or its contents removed except by order of a judge; (b) shall not be destroyed except pursuant to an order of the Court.

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6. Discharge or variation of order under section 3 or 4 (O. 116, r. 6)

(1) An application under section 3(17) for the discharge or variation of an order made under section 3 or under section 4(7) for the discharge or variation of an order made under section 4(2) or (6) shall be made to a judge by summons supported by affidavit.

(2) The summons and affidavit in support- (a) shall set out the grounds on which the applicant relies in seeking the discharge or variation of the

order; and (b) shall be lodged with the Court and served on the Secretary for Justice not less than 3 clear days before

the date fixed for the hearing of the summons. (L.N. 362 of 1997) (3) On the hearing of the application the Court may discharge the order or make such variation as it thinks fit.

7. Claim of legal privilege in relation to order under section 3 or 4 (O. 116, r. 7)

(1) If in the course of the exercise by an authorized officer of powers conferred by an order made under section 3 a claim of legal privilege is made in respect of any information, the person making the claim shall-

(a) within 3 days of making the claim, apply to the Court by summons supported by affidavit for a declaration that the information is subject to legal privilege; and

(b) not less than 3 clear days before the hearing of the application, serve a copy of the summons and affidavit on the Secretary for Justice.

(2) If in the course of the exercise by an authorized officer of powers conferred by an order made under section 3 or 4 a claim of legal privilege is made in respect of any material, the person making the claim shall-

(a) in the presence of the authorized officer, secure the material in a sealed container; (b) immediately deposit the sealed container with the Court; (c) within 3 days of depositing the material with the Court, apply to the Court by summons supported by

affidavit for a declaration that the material is subject to legal privilege; and (d) not less than 3 clear days before the hearing of the application, serve a copy of the summons and

affidavit on the Secretary for Justice. (L.N. 362 of 1997)

8. Claim of legal privilege in relation to search warrant issued under section 5 (O. 116, r. 8)

If in the course of execution by an authorized officer of a warrant issued under section 5 a claim of legal privilege is made in respect of any material, the person making the claim shall-

(a) secure the material in a sealed container in the presence of the authorized officer and hand the sealed container to the authorized officer for safe keeping pending an application by the person under this rule;

(b) within 3 days of making the claim of legal privilege, apply to the Court by summons supported by affidavit for a declaration that the material is subject to legal privilege; and

(c) not less than 3 clear days before the hearing of the application, serve a copy of the summons and affidavit on the authorized officer and the Secretary for Justice. (L.N. 362 of 1997)

(L.N. 156 of 1995)

Order: 117 (HK) ORGANIZED AND SERIOUS CRIMES ORDINANCE (Cap 455)

L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

PART IV-ENFORCEMENT, ETC. OF CONFISCATION ORDERS

1. Interpretation (O. 117, r. 1)

Cap 4A - THE RULES OF THE HIGH COURT 305

(1) In this Order "the Ordinance" (條例) means the Organized and Serious Crimes Ordinance (Cap 455), and a Part or section referred to by number means the Part or section so numbered in the Ordinance.

(2) Expressions used in this Order which are used in the Ordinance have the same meanings in this Order as in the Ordinance.

2. Application of this Order (O. 117, r. 2)

This Order applies to applications under Part IV.

3. Assignment of proceedings (O. 117, r. 3)

The jurisdiction of the Court under the Ordinance shall, for the purposes of this Order, be exercised by a judge of the Court in chambers.

3A. Application for confiscation order where person has died or absconded (O. 117, r. 3A)

An application for a confiscation order under section 8 where the defendant has died or absconded may be made by the Secretary for Justice by originating summons.

(90 of 1995 s. 27; L.N. 362 of 1997)

4. Application for restraint order or charging order (O. 117, r. 4)

(1) An application for a restraint order under section 15 or for a charging order under section 16 (to either of which may be joined an application for the appointment of a receiver) may be made by the Secretary for Justice ex parte by summons. (L.N. 362 of 1997)

(2) An application under paragraph (1) shall be supported by an affidavit, which shall- (a) state, as the case may be, the grounds for believing that-

(i) the defendant has benefited from a specified offence; or (ii) the Court of First Instance will be satisfied as specified in section 20(1A); (90 of 1995 s. 27; 25

of 1998 s. 2) (b) state, as the case may be-

(i) that proceedings have been instituted against the defendant for a specified offence (giving particulars of the offence) and that they have not been concluded;

(ii) that, whether by the laying of an information or otherwise, a person is to be charged with a specified offence;

(iii) that an application for a confiscation order has been made in respect of the defendant where section 8(1)(a)(ii) or (7A) is applicable; or

(iv) that an application has been made under section 20(1A) in respect of a confiscation order made against the defendant; (90 of 1995 s. 27)

(c) to the best of the deponent's ability, give full particulars of the realisable property in respect of which the order is sought and specify the person or persons holding such property;

(d) where proceedings have not been instituted, verify that the Secretary for Justice is to have the conduct of the proposed proceedings; (L.N. 362 of 1997)

(e) where proceedings have not been instituted, indicate when it is intended that they should be instituted. (3) A summons under paragraph (1) shall be entitled in the matter of the defendant, naming him, and in the

matter of the Ordinance, and all subsequent documents in the matter shall be so entitled. (4) Unless the Court otherwise directs, an affidavit under paragraph (2) may contain statements of information

or belief with the sources and grounds of the information or belief.

5. Restraint order and charging order (O. 117, r. 5)

(1) A restraint order may be made subject to conditions and exceptions, including but not limited to conditions

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relating to the indemnifying of third parties against expenses incurred in complying with the order, and exceptions relating to reasonable living and legal expenses of the defendant, but the Secretary for Justice shall not be required to give an undertaking to abide by any order as to damages sustained by the defendant as a result of the restraint order.

(4) Where a charging order is made the Secretary for Justice shall- (L.N. 362 of 1997) (a) unless the Court otherwise directs, serve copies of the order and of the affidavit in support on the

defendant and, where the property to which the order relates is held by another person, on that person; and

(b) serve a copy of the order on such of the persons or bodies specified in Order 50, rule 2(1)(b) to (d) as shall be appropriate.

(L.N. 362 of 1997)

6. Discharge or variation of order (O. 117, r. 6)

(1) Any person or body on whom a restraint order or a charging order is served or who is notified of such an order may apply by summons to discharge or vary the order.

7. Further application by Secretary for Justice (O. 117, r. 7)

(1) Where a restraint order or a charging order has been made the Secretary for Justice may apply by summons or, where the case is one of urgency, ex parte- (L.N. 362 of 1997)

(a) to discharge or vary such order; or (b) for a restraint order or a charging order in respect of other realisable property; or (c) for the appointment of a receiver.

(4) Rule 5(3) and (4) shall apply to the service of restraint orders and charging orders respectively made under this rule on persons other than the defendant.

8. Consent order for variation of restraint order or charging order (O. 117, r. 8)

Order 42, rule 5A shall apply to an order for the variation of a restraint order or a charging order pursuant to rule 6 or 7 as it applies to an order for the dismissal, discontinuance or withdrawal of such an order.

9. Realisation of property (O. 117, r. 9)

(1) An application under section 17 shall, where there have been proceedings against the defendant in the Court of First Instance, be made by the Secretary for Justice by summons and shall otherwise be made by originating

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summons. (L.N. 362 of 1997; 25 of 1998 s. 2; L.N. 152 of 2008) (2) The summons or originating summons, as the case may be, shall be served with the evidence in support not

less than 7 days before the date fixed for the hearing of the summons on- (L.N. 152 of 2008) (a) the defendant; (b) any person holding any interest in the realisable property to which the application relates; and (c) the receiver, where one has been appointed in the matter.

(3) The application shall be supported by an affidavit, which shall, to the best of the deponent's ability, give full particulars of the realisable property to which it relates and specify the person or persons holding such property, and a copy of the confiscation order, of any certificate issued by the Court under section 11(2) and of any charging order made in the matter shall be exhibited to such affidavit.

(4) The Court may, on an application under section 17, exercise the power conferred by section 18(1) to direct the making of payments by the receiver.

10. Receivers (O. 117, r. 10)

(1) Subject to this rule, the provisions of Order 30, rules 2 to 8 shall apply where a receiver is appointed in pursuance of a charging order or under section 15 or 17.

(4) A summons under paragraph (3) shall be served with any evidence in support not less than 7 days before the date fixed for the hearing of the summons on-

(a) the defendant; and (b) any other person who held property realised by the receiver.

11. Variation of confiscation order (O. 117, r. 11)

(1) The Secretary for Justice or defendant may apply by summons for an order under section 20(1). (2) The summons shall be served, with any supporting evidence, not less than 7 days before the date fixed for

the hearing of the summons on- (a) where the Secretary for Justice is making the application, the defendant; (b) where the defendant is making the application, the Secretary for Justice,

and, in either case, on the receiver, where one has been appointed in the matter. (3) The Secretary for Justice may apply by summons for an order under section 20(1A). (90 of 1995 s. 27)

(90 of 1995 s. 27; L.N. 362 of 1997)

12. Compensation (O. 117, r. 12)

An application for an order under section 29 shall be made by summons, which shall be served, with any supporting evidence, on the person alleged to be in default and on the Secretary for Justice not less than 7 days before the date fixed for the hearing of the summons.

(L.N. 362 of 1997)

13. Disclosure of information (O. 117, r. 13)

(1) An application under section 28 shall be made by the Secretary for Justice by summons, which shall state the nature of the order sought and whether material sought to be disclosed is to be disclosed to a receiver appointed under section 15 or 17 or in pursuance of a charging order or to an authorized officer. (L.N. 362 of 1997)

(3) The affidavit in support shall state the grounds for believing that the conditions in section 28(4) and, if appropriate, section 28(7) are fulfilled.

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14. Statement relating to specified offence or organized crime (O. 117, r. 14)

(1) Where in any proceedings the Secretary for Justice or the defendant proposes to tender to the Court any statement or other document under section 10 he shall give a copy of the statement or other document as soon as practicable to the defendant or the Secretary for Justice, as the case may be, and to the appropriate officer of the Court.

(2) A statement tendered to the Court by the Secretary for Justice under section 10(1) shall include the following particulars, namely- (90 of 1995 s. 27; L.N. 362 of 1997)

(a) the name of the defendant; (b) the name of the person by whom the statement is tendered; (c) if the statement is tendered after the defendant has been convicted, the date on which and the place

where the relevant conviction occurred; (d) such information known to the person who made the statement as is relevant to-

(i) where section 8(1)(a)(ii) is applicable, the determination- (A) whether the defendant could have been convicted in respect of the specified offence or

offences concerned; (B) whether the specified offence or any of the specified offences concerned could have been

an organized crime; (ii) the determination whether the defendant has benefited from a specified offence or an organized

crime; (iii) the assessment of the value of the defendant's proceeds of a specified offence or an organized

crime. (90 of 1995 s. 27) (L.N. 156 of 1995; L.N. 362 of 1997)

Order: 117A (HK) United Nations (Anti-Terrorism Measures) Ordinance (Cap 575)

E.R. 2 of 2012 02/08/2012

1. Interpretation (O. 117A, r. 1)

(1) In this Order— ex parte originating summons (單方面原訴傳票) means an originating summons in Form No. 11 in Appendix

A; expedited originating summons (速辦原訴傳票) means an originating summons in Form No. 10 in Appendix

A; holder (持有人), in relation to any subject property, means a person whom the applicant can reasonably

ascertain to be a person by, for or on behalf of whom the property is held; the Ordinance (《條例》) means the United Nations (Anti-Terrorism Measures) Ordinance (Cap 575); subject person (標的人士), in relation to an application under section 5(1)(a), means the person who is the

subject of the application; subject property (標的財產), in relation to an application under section 5(1)(b) or 13, means the property that is

the subject of the application. (2) An expression used in this Order that is used in the Ordinance has the same meaning in this Order as in the

Ordinance. (3) A section referred to by number in this Order means the section so numbered in the Ordinance. (4) For the purposes of the Ordinance (under which a person who has a prescribed interest in any property is

deemed to be a person by, for or on behalf of whom the property is or was held), prescribed interest (訂明權益), in relation to any property, means— (a) a legal or equitable estate or interest in the property; or (b) a right, power or privilege in connection with the property.

2. Judge to exercise jurisdiction (O. 117A, r. 2)

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The jurisdiction of the Court under the Ordinance must, for the purposes of this Order, be exercised by a judge of the Court.

3. Ex parte application to specify person as terrorist or terrorist associate (O. 117A, r. 3)

(1) An application under section 5(1)(a) for an order to specify a person as a terrorist or terrorist associate may be made ex parte if— (a) there exist circumstances of urgency; or (b) the whereabouts of the subject person are not known to the applicant, and—

(i) the applicant has taken reasonable steps to ascertain the whereabouts of the subject person; and (ii) a notice of the applicant’s intention to make the application, addressed to the subject person,

has been published in a Chinese newspaper and an English newspaper that circulate generally in Hong Kong.

(2) The ex parte application must be made by an ex parte originating summons supported by an affidavit. (3) The affidavit in support must state the grounds for believing that—

(a) this rule applies; and (b) the subject person is a terrorist or terrorist associate.

(4) As soon as practicable after obtaining an order under section 5(2) on an ex parte application, the applicant must— (a) publish the order in a Chinese newspaper and an English newspaper that circulate generally in Hong

Kong; and (b) if the whereabouts of the subject person are known or have become known to the applicant, serve the

order, the ex parte originating summons and a copy of the affidavit in support on the subject person.

4. Inter partes application to specify person as terrorist or terrorist associate (O. 117A, r. 4)

(1) This rule applies if an application under section 5(1)(a) is made other than in the circumstances referred to in rule 3(1)(a) and (b).

(2) The application must be made by an expedited originating summons supported by an affidavit. (3) The affidavit in support must state the grounds for believing that the subject person is a terrorist or terrorist

associate. (4) The expedited originating summons and a copy of the affidavit in support must be served on the subject

person not less than 7 clear days before the date fixed for the hearing of the application. (5) If a subject person served with the expedited originating summons wishes to adduce any affidavit evidence

in opposition to it, the person must, within 28 days after the service, file an affidavit of evidence with the Court and serve a copy of the affidavit on the Secretary for Justice.

5. Additional affidavit procedure for application under section 5(1)(a) (O. 117A, r. 5)

(1) This rule applies if, after the application referred to in rule 4 is made, the applicant cannot serve the expedited originating summons on the subject person because the whereabouts of the subject person have become unknown to the applicant.

(2) The applicant may file with the Court an additional affidavit that complies with paragraph (3) if the applicant— (a) has taken reasonable steps to ascertain the whereabouts of the subject person; and (b) has published a notice of the applicant’s intention to proceed with the application, addressed to the

subject person, in a Chinese newspaper and an English newspaper that circulate generally in Hong Kong.

(3) The additional affidavit referred to in paragraph (2) must— (a) state that the applicant believes that this rule applies; and (b) state the facts showing that the applicant has done the acts referred to in paragraph (2)(a) and (b).

(4) The Court may direct that the application be heard in the absence of the subject person, if the Court— (a) is satisfied that—

(i) this rule applies; and

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(ii) the applicant has done the acts referred to in paragraph (2)(a) and (b); and (b) having regard to the nature and circumstances of the application, thinks it just and expedient so to do.

(5) As soon as practicable after obtaining an order under section 5(2) on an application to which this rule applies, the applicant must— (a) publish the order in a Chinese newspaper and an English newspaper that circulate generally in Hong

Kong; and (b) if the whereabouts of the subject person have become known to the applicant, serve the order, the

expedited originating summons, a copy of the affidavit in support and a copy of the additional affidavit on the subject person.

6. Ex parte application to specify property as terrorist property (O. 117A, r. 6)

(1) An application under section 5(1)(b) for an order to specify any property as terrorist property may be made ex parte if— (a) there exist circumstances of urgency; or (b) the whereabouts of the holder are not known to the applicant, or if there is more than one holder, the

whereabouts of none of them are known to the applicant, and— (i) the applicant has taken reasonable steps to ascertain the whereabouts of that holder or those

holders; and (ii) a notice of the applicant’s intention to make the application, addressed to that holder or those

holders, has been published in a Chinese newspaper and an English newspaper that circulate generally in Hong Kong.

(2) The ex parte application must be made by an ex parte originating summons supported by an affidavit. (3) The affidavit in support must—

(a) state the grounds for believing that— (i) this rule applies; and (ii) the subject property is terrorist property; and

(b) specify the holder, or if there is more than one holder, specify all the holders. (4) As soon as practicable after obtaining an order under section 5(2) on an ex parte application, the applicant

must— (a) publish the order in a Chinese newspaper and an English newspaper that circulate generally in Hong

Kong; and (b) if the whereabouts of the holder or holders specified in the affidavit in support are known or have

become known to the applicant, serve the order, the ex parte originating summons and a copy of the affidavit in support on that holder or each of those holders.

7. Inter partes application to specify property as terrorist property (O. 117A, r. 7)

(1) This rule applies if an application under section 5(1)(b) is made other than in the circumstances referred to in rule 6(1)(a) and (b).

(2) The application must be made by an expedited originating summons supported by an affidavit. (3) The affidavit in support must—

(a) state the grounds for believing that the subject property is terrorist property; and (b) specify the holder, or if there is more than one holder, specify all the holders, and their whereabouts (if

known to the applicant). (4) The expedited originating summons and a copy of the affidavit in support must be served on the holder, or

each holder specified in the affidavit whose whereabouts are known to the applicant, not less than 7 clear days before the date fixed for the hearing of the application.

(5) If a person served with the expedited originating summons wishes to adduce any affidavit evidence in opposition to it, the person must, within 28 days after the service, file an affidavit of evidence with the Court and serve a copy of the affidavit— (a) on the Secretary for Justice; and (b) on any other holder specified in the affidavit in support whose whereabouts are known to the applicant.

(6) The person who files an affidavit of evidence under paragraph (5) may also serve a copy of the affidavit on

Cap 4A - THE RULES OF THE HIGH COURT 311

any other person whom that person believes to be a person by, for or on behalf of whom the subject property is held.

(7) The service under paragraph (6) must be effected within the period referred to in paragraph (5).

8. Additional affidavit procedure for application under section 5(1)(b) (O. 117A, r. 8)

(1) This rule applies if— (a) in the application referred to in rule 7, there is more than one holder and the whereabouts of one or

more (but not all) of the holders are not known to the applicant at the time the application is made; or (b) after the application referred to in rule 7 is made, the applicant cannot serve the expedited originating

summons on the holder, or if there is more than one holder, on one or more of them, because the whereabouts of that holder or those holders have become unknown to the applicant.

have become unknown; and (b) has published a notice of the applicant’s intention to make or proceed with the application, addressed

to the holder or holders whose whereabouts are not known or have become unknown, in a Chinese newspaper and an English newspaper that circulate generally in Hong Kong.

(4) The applicant must, within 7 days after filing the additional affidavit, serve a copy of the additional affidavit on each holder whose whereabouts are known to the applicant (if any).

(5) The Court may direct that the application be heard in the absence of a holder whose whereabouts are not known or have become unknown to the applicant, if the Court— (a) is satisfied that—

(i) this rule applies; and (ii) the applicant has done the acts referred to in paragraph (2)(a) and (b); and

(b) having regard to the nature and circumstances of the application, thinks it just and expedient so to do. (6) As soon as practicable after obtaining an order under section 5(2) on an application to which this rule

applies, the applicant must— (a) publish the order in a Chinese newspaper and an English newspaper that circulate generally in Hong

Kong; and (b) if the whereabouts of the holder or holders in whose absence the application was heard have become

known to the applicant, serve the order, the expedited originating summons, a copy of the affidavit in support and a copy of the additional affidavit on that holder or each of those holders.

9. Ex parte application for forfeiture of certain terrorist property (O. 117A, r. 9)

(1) An application under section 13 for an order to forfeit any terrorist property may be made ex parte if— (a) there exist circumstances of urgency; or (b) the whereabouts of the holder are not known to the applicant, or if there is more than one holder, the

whereabouts of none of them are known to the applicant, and— (i) the applicant has taken reasonable steps to ascertain the whereabouts of that holder or those

holders; and (ii) a notice of the applicant’s intention to make the application, addressed to that holder or those

holders, has been published in a Chinese newspaper and an English newspaper that circulate generally in Hong Kong.

(2) The ex parte application must be made— (a) if in the Court there are existing proceedings conducted under the Ordinance in respect of the subject

property, by a summons supported by an affidavit that complies with rule 11; or (b) if there are no such proceedings, by an ex parte originating summons supported by an affidavit that

Cap 4A - THE RULES OF THE HIGH COURT 312

complies with rule 11. (3) As soon as practicable after obtaining an order under section 13 on an ex parte application, the applicant

must— (a) publish the order in a Chinese newspaper and an English newspaper that circulate generally in Hong

Kong; and (b) if the whereabouts of the holder or holders specified in the affidavit in support are known or have

become known to the applicant, serve the order, the summons or ex parte originating summons (as the case may be) and a copy of the affidavit in support on that holder or each of those holders.

10. Inter partes application for forfeiture of certain terrorist property (O. 117A, r. 10)

(1) This rule applies if an application under section 13 is made other than in the circumstances referred to in rule 9(1)(a) and (b).

(2) The application must be made— (a) if in the Court there are existing proceedings conducted under the Ordinance in respect of the subject

property, by a summons supported by an affidavit that complies with rule 11; or (b) if there are no such proceedings, by an expedited originating summons supported by an affidavit that

complies with rule 11. (3) The summons or expedited originating summons, and a copy of the affidavit in support, must be served on

the holder, or each holder specified in the affidavit whose whereabouts are known to the applicant, not less than 14 clear days before the date fixed for the hearing of the application.

(4) If a person served with the summons or expedited originating summons wishes to adduce any affidavit evidence in opposition to it, the person must, within 28 days after the service, file an affidavit of evidence with the Court and serve a copy of the affidavit— (a) on the Secretary for Justice; and (b) on any other holder specified in the affidavit in support whose whereabouts are known to the applicant.

(5) The person who files an affidavit of evidence under paragraph (4) may also serve a copy of the affidavit on any other person whom that person believes to be a person by, for or on behalf of whom the subject property is held.

(6) The service under paragraph (5) must be effected within the period referred to in paragraph (4).

11. Contents of affidavit in support for application under section 13 (O. 117A, r. 11)

(1) The affidavit in support referred to in rule 9(2) must state the grounds for believing that rule 9 applies. (2) The affidavit in support referred to in rules 9(2) and 10(2) must state the grounds—

(a) for believing that the subject property is terrorist property referred to in paragraph (a) of the definition of terrorist property in section 2(1) and for believing that it also— (i) in whole or in part, directly or indirectly, represents any proceeds arising from a terrorist act; (ii) is intended to be used to finance or otherwise assist the commission of a terrorist act; or (iii) was used to finance or otherwise assist the commission of a terrorist act; or

(b) for believing that the subject property is terrorist property referred to in paragraph (b) of that definition.

(3) The affidavit in support referred to in rules 9(2) and 10(2) must also specify the holder, or if there is more than one holder, specify all the holders, and their whereabouts (if known to the applicant).

12. Additional affidavit procedure for application under section 13 (O. 117A, r. 12)

(1) This rule applies if— (a) in the application referred to in rule 10, there is more than one holder and the whereabouts of one or

more (but not all) of the holders are not known to the applicant at the time the application is made; or (b) after the application referred to in rule 10 is made, the applicant cannot serve the summons or

expedited originating summons on the holder, or if there is more than one holder, on one or more of them, because the whereabouts of that holder or those holders have become unknown to the applicant.

(2) The applicant may file with the Court an additional affidavit that complies with paragraph (3) if the

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applicant— (a) has taken reasonable steps to ascertain the whereabouts of the holder or holders that are not known or

have become unknown; and (b) has published a notice of the applicant’s intention to make or proceed with the application, addressed

to the holder or holders whose whereabouts are not known or have become unknown, in a Chinese newspaper and an English newspaper that circulate generally in Hong Kong.

(4) The applicant must, within 7 days after filing the additional affidavit, serve a copy of the additional affidavit on each holder whose whereabouts are known to the applicant (if any).

(5) The Court may direct that the application be heard in the absence of a holder whose whereabouts are not known or have become unknown to the applicant, if the Court— (a) is satisfied that—

(i) this rule applies; and (ii) the applicant has done the acts referred to in paragraph (2)(a) and (b); and

(b) having regard to the nature and circumstances of the application, thinks it just and expedient so to do. (6) As soon as practicable after obtaining an order under section 13 on an application to which this rule applies,

the applicant must— (a) publish the order in a Chinese newspaper and an English newspaper that circulate generally in Hong

Kong; and (b) if the whereabouts of the holder or holders in whose absence the application was heard have become

known to the applicant, serve the order, the summons or expedited originating summons (as the case may be), a copy of the affidavit in support and a copy of the additional affidavit on that holder or each of those holders.

13. Revocation of order specifying person as terrorist or terrorist associate or specifying property as terrorist property (O. 117A, r. 13)

(1) An application under section 5(5) to revoke, in whole or in part, an order under section 5(2) may be made ex parte.

(2) The ex parte application must be made by a summons supported by an affidavit. (3) The affidavit in support must state the circumstances that have caused the applicant to have reasonable

grounds to believe that the person who or the property that is the subject of the application is not, or is no longer, a terrorist, terrorist associate or terrorist property (as the case may be).

14. Application under section 12A, 12B, 12C or 12G (O. 117A, r. 14)

(1) This rule applies to an application for— (a) an order under section 12A(1); (b) an order under section 12B(1); (c) a warrant under section 12C(1); or (d) a warrant under section 12G(1).

(2) An application to which this rule applies must be made by laying an information on oath. (3) The application may, if a judge so directs, be heard at a place other than within the court premises. (4) At the hearing of the application, the Court may receive evidence from the applicant.

15. Revocation or variation of order made under section 12A or 12B (O. 117A, r. 15)

(1) An application under— (a) section 12A(13) for the revocation or variation of an order under section 12A(2); or (b) section 12B(8) for the revocation or variation of an order under section 12B(2) or (7), must be made to a judge by a summons supported by an affidavit.

(2) The summons and affidavit in support must state the grounds on which the applicant seeks the revocation or

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variation of the order. (3) The summons and a copy of the affidavit in support must be served on the Secretary for Justice not less than

3 clear days before the date fixed for the hearing of the application. (4) At the hearing of the application, the Court may revoke the order or make such variation as it thinks fit.

16. Claim of legal privilege in relation to order under section 12A or 12B (O. 117A, r. 16)

(1) If, in the course of the exercise of powers conferred by an order under section 12A to require a person to answer questions or otherwise furnish information, a claim of legal privilege is made in respect of any information, the person making the claim must— (a) within 3 days of making the claim, apply to the Court by a summons supported by an affidavit for a

declaration that the information is an item subject to legal privilege; and (b) not less than 3 clear days before the date fixed for the hearing of the application, serve the summons

and a copy of the affidavit in support on the Secretary for Justice. (2) If, in the course of the exercise of powers conferred by an order under section 12A or 12B to require a

person to produce material or to give an authorized officer access to it, a claim of legal privilege is made in respect of any material, the person making the claim must— (a) in the presence of an authorized officer, secure the material in a sealed container; (b) immediately deposit the sealed container with the Court; (c) within 3 days of depositing the material with the Court, apply to the Court by a summons supported by

an affidavit for a declaration that the material is an item subject to legal privilege; and (d) not less than 3 clear days before the date fixed for the hearing of the application, serve the summons

and a copy of the affidavit in support on the Secretary for Justice.

17. Claim of legal privilege in relation to warrant under section 12C or 12G (O. 117A, r. 17)

If, in the course of the execution by an authorized officer of a warrant issued under section 12C or 12G, a claim of legal privilege is made in respect of any thing, the person making the claim must—

(a) in the presence of the authorized officer, secure the thing in a sealed container and hand the sealed container to the authorized officer for safe keeping pending an application by the person under this rule;

(b) within 3 days of making the claim, apply to the Court by a summons supported by an affidavit for a declaration that the thing is an item subject to legal privilege; and

(c) not less than 3 clear days before the date fixed for the hearing of the application, serve the summons and a copy of the affidavit in support on the authorized officer and the Secretary for Justice.

18. Application to be heard in camera (O. 117A, r. 18)

(1) An application under section 12A, 12B, 12C or 12G must be heard in camera. (2) The information and all other documents relating to the application must be treated as confidential and

must, immediately on the determination of the application, be placed in a packet and sealed by order of the judge by whom the application was heard.

(3) The packet must be kept in the custody of the Court in a place to which the public has no access or in such other place as the judge may authorize and— (a) must not be opened nor must its contents be removed except by order of a judge; and (b) must not be destroyed except pursuant to an order of the Court.

19. Application for continued detention of seized property under section 12H(2) (O. 117A, r. 19)

(1) An application under section 12H(2) for an order to authorize the continued detention of seized property must be made by an ex parte originating summons supported by an affidavit.

(2) The affidavit in support must— (a) state what the seized property consists of (including, for money, the amount and currency of the

money) and the date on which and the place at which it was seized;

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(b) state the grounds for suspecting that the seized property is terrorist property; and (c) give particulars, in terms of the matters referred to in section 12H(2)(b), as to why the continued

detention of the seized property is justified. (3) If an order is made under section 12H(2) in respect of any seized property, the applicant for the order must,

as soon as practicable, serve the order— (a) on the person from whom the property was seized; and (b) on each person whom the applicant can reasonably ascertain to be a person by, for or on behalf of

whom the property was held immediately before it was seized.

20. Application for further detention of seized property under section 12H(3) (O. 117A, r. 20)

(1) An application under section 12H(3) for an order to authorize the further detention of seized property must be made by a summons supported by an affidavit in the proceedings commenced under rule 19.

(2) The affidavit in support must— (a) state the grounds for suspecting that the seized property is terrorist property; and (b) give particulars, in terms of the matters referred to in section 12H(2)(b), as to why the further detention

of the seized property is justified. (3) The summons and a copy of the affidavit in support must be served not less than 5 clear days before the

date fixed for the hearing of the application on each affected person. (4) If a person served with the summons wishes to adduce any affidavit evidence in opposition to it, the person

must, not less than 2 clear days before the date fixed for the hearing of the application, file an affidavit of evidence with the Court and serve a copy of the affidavit— (a) on the Secretary for Justice; and (b) on every other affected person.

(5) If an order is made under section 12H(3), the applicant for the order must, as soon as practicable, serve the order on each affected person.

(6) In this rule and rules 21 and 22, affected person (受影響的人), in relation to the seized property, means a person on whom an order has been served under rule 19(3) in respect of that property.

21. Application for release of seized property under section 12H(4) (O. 117A, r. 21)

(1) An application under section 12H(4)(a) for the release of seized property detained by an order under section 12H(2) or (3) must be made by a summons supported by an affidavit stating the grounds on which the application is made.

(2) The summons and a copy of the affidavit in support must be served not less than 5 clear days before the date fixed for the hearing of the application— (a) on the Secretary for Justice; and (b) on each affected person.

(3) An application under section 12H(4)(b) for the release of seized property detained by an order under section 12H(2) or (3) must be made ex parte by a summons supported by an affidavit stating the grounds on which the application is made.

22. Release of seized property (O. 117A, r. 22)

If, in relation to any seized property— (a) an order under section 12H(2) expires without an order being made under section 12H(3); (b) an order under section 12H(3) expires without a further order being made under that section; or (c) a direction is obtained under section 12H(4),

then, subject to section 12H(5) and unless the Court has directed that an issue be stated and tried as between the affected persons, the property must be forthwith released, on such terms, if any, as the Court thinks fit, to the person from whom the property was seized or to such other person as appears to be entitled to it.

23. Application to Court to revoke order made under section 5(2) or notice given under section 6(1 (O. 117A, r. 23)

Cap 4A - THE RULES OF THE HIGH COURT 316

(1) An application under section 17(1)(a) to revoke, in whole or in part, an order under section 5(2) that has been made ex parte must be made by a summons.

(2) For the purposes of paragraph (1) and section 17(1)(a), if an order under section 5(2) has been obtained by an application heard in the absence of the subject person or a holder under rule 5 or 8, in relation to that subject person or holder only, the application and the order are regarded to have been made ex parte.

(3) An application under section 17(1)(b) to revoke, in whole or in part, a notice under section 6(1) must be made— (a) if in the Court there are existing proceedings conducted under the Ordinance in respect of the property

that is the subject of the application, by a summons; or (b) if there are no such proceedings, by an expedited originating summons.

24. Application concerning direction mentioned in section 6(10) or licence mentioned in section 6(1) or 8 (O. 117A, r. 24)

(1) An application under section 17(4) for the revocation or variation of a direction mentioned in section 6(10) or for the grant or variation of a licence mentioned in section 6(1) or 8 must be made— (a) if in the Court there are existing proceedings conducted under the Ordinance in respect of the property

or financial (or related) services that is or are the subject of the application, by a summons; or (20 of 2012 s. 10)

(b) if there are no such proceedings, by an expedited originating summons. (2) If any affidavit in opposition to the summons or expedited originating summons has been filed with the

Court, a copy of the affidavit must be served on the applicant not less than 3 clear days before the date fixed for the hearing of the application.

25. Application for compensation (O. 117A, r. 25)

(1) An application under section 18 for an order for compensation must be made— (a) if in the Court there are existing proceedings conducted under the Ordinance in respect of the person or

property to whom or which the application relates, by a summons; or (b) if there are no such proceedings, by an expedited originating summons.

(2) The summons or expedited originating summons, and a copy of any affidavit in support, must be served not less than 14 clear days before the date fixed for the hearing of the application— (a) on the Secretary for Justice; and (b) on any other person on whose part, it is alleged, there has been default.

(3) If any affidavit in opposition to the summons or expedited originating summons has been filed with the Court, a copy of the affidavit must be served by the Secretary for Justice on the applicant not less than 7 clear days before the date fixed for the hearing of the application.

26. Affidavits containing statements of information or belief (O. 117A, r. 26)

If an affidavit referred to in this Order contains a statement of information or belief, it must also contain the sources and grounds of the information or belief unless the Court otherwise directs.

27. Service out of jurisdiction (O. 117A, r. 27)

The service of any document under this Order out of the jurisdiction is permissible with the leave of the Court. (L.N. 186 of 2009)

(Format changes—E.R. 2 of 2012)

Cap 4A - THE RULES OF THE HIGH COURT 317

Order: 118 (HK) INTERPRETATION AND GENERAL CLAUSES ORDINANCE (CAP 1)

L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

PART XII-SEARCH AND SEIZURE OF JOURNALISTIC MATERIAL

1. Interpretation (O. 118, r. 1)

In this Order "the Ordinance" (條例) means the Interpretation and General Clauses Ordinance (Cap 1), and a section referred to by number means the section so numbered in the Ordinance.

(L.N. 242 of 1996)

2. Application (O. 118, r. 2)

This Order applies to proceedings under sections 84, 85 and 87. (L.N. 242 of 1996)

3. Proceedings under section 84 (O. 118, r. 3)

(1) An application for an order under section 84 may be made by originating summons in the expedited form supported by affidavit. (L.N. 152 of 2008)

(2) The affidavit shall contain the evidence relied on to show that the conditions set out in section 84(3) have been fulfilled.

(3) Unless the court otherwise directs, the affidavit may contain statements of information or belief with the sources and grounds of such information or belief.

(4) Notwithstanding Order 28, rule 1A, a copy of the originating summons and affidavit shall be served on the respondent not less than 3 clear days before the date fixed for the hearing of the application.

(L.N. 242 of 1996)

4. Proceedings under section 85 (O. 118, r. 4)

(1) An application for a warrant under section 85 shall be made ex parte by originating summons in Form No. 11 in Appendix A supported by affidavit. (L.N. 152 of 2008)

(2) The affidavit shall- (a) state which of the grounds set out in section 85 is relied on; (b) contain the evidence relied on in support of those grounds; and (c) specify the name, rank, title and address of the officer who has approved the making of the application.

(3) Unless the court otherwise directs, the affidavit may contain statements of information or belief with the sources and grounds of such information or belief.

(4) All applications under section 85 shall be heard in chambers. (L.N. 242 of 1996)

5. Proceedings under section 87 (O. 118, r. 5)

(1) An application for an order under section 87 shall be made by summons which may be supported by affidavit.

(2) The summons shall set out the grounds on which the applicant relies. (3) A copy of the summons and affidavit (if any) shall be served on the person named in the warrant pursuant

to section 86(1)(a) by delivering it to him not less than 3 clear days before the date fixed for the hearing of the summons.

(4) Unless the court otherwise directs, a party wishing to adduce evidence shall do so by affidavit, and such affidavit may contain statements of information or belief with the sources and grounds of such information or belief.

Cap 4A - THE RULES OF THE HIGH COURT 318

(L.N. 242 of 1996)

Order: 119 (HK) PREVENTION OF BRIBERY ORDINANCE (CAP 201)

L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

PART III-POWERS OF INVESTIGATION

1. Interpretation (O.119, r. 1)

(1) In this Order "the Ordinance" (條例) means the Prevention of Bribery Ordinance (Cap 201), and a section referred to by number means the section so numbered in the Ordinance.

(2) Expressions used in this Order which are used in the Ordinance have the same meanings in this Order as in the Ordinance.

2. Application of this Order (O. 119, r. 2)

This Order applies to an application made to the Court under Part III of the Ordinance.

3. Assignment of proceedings (O. 119, r. 3)

An application to which this Order applies shall be heard by a judge in chambers.

4. Form of application (O. 119, r. 4)

Subject to rule 6, an application to which this Order applies shall be made ex parte by originating summons in Form No. 11 in Appendix A and, except for an application made under section 14D of the Ordinance, be supported by affidavit.

(L.N. 152 of 2008)

5. Restrictions on access to documents, etc. (O. 119, r. 5)

(1) The originating summons, affidavit, if any, information and all other documents relating to the application shall be treated as confidential and shall, immediately on the determination of the application, be placed in a packet and sealed by order of the judge by whom the application was heard. (L.N. 152 of 2008)

(2) The packet shall be kept in the custody of the Court in a place to which the public has no access or in such other place as the judge may authorize and shall not-

(a) be opened; (b) have its contents removed; (c) be copied; or (d) be destroyed,

except by order of a judge.

6. Variation or revocation of orders (O. 119, r. 6)

(1) An application made under section 14D of the Ordinance shall be made by summons issued in the proceedings in which the order which it is sought to vary or revoke was made and shall state, so far as the applicant is able, the grounds on which the application is made.

(2) The summons and any affidavit in support shall be served on the Commissioner not less than 3 clear days before the hearing of the application.

(L.N. 222 of 1997)

Cap 4A - THE RULES OF THE HIGH COURT 319

Order: 120 (HK) CHARITABLE TRUSTS L.N. 362 of 1997; 25 of 1998

01/07/1997

Remarks: Adaptation amendments retroactively made - see 25 of 1998 s. 2

1. Appointment or removal of trustee (O. 120, r. 1)

(HK) Where the appointment or removal of any trustee or any other relief, order or direction relating to any charity is deemed desirable, any person mentioned in rule 3 of this Order may make application by summons (without any information, action or petition) to the Court in chambers for such relief, order or direction as the nature of the case may require.

2. Powers of Court (O. 120, r. 2)

(HK) The Court may proceed upon and dispose of such application in chambers, unless it thinks fit otherwise to direct, and shall and may have and exercise thereupon all jurisdiction, power and authority, and may make such orders and give such directions relating to the matter of such application, as might now be exercised, made or given by the Court in an action regularly instituted, or upon petition as the case may require:

Provided that the Court may, where in the circumstances of any such application it sees fit, direct that, for obtaining the relief, order or direction sought for by such application, an information, action or petition, as the case may require, shall be brought or presented and prosecuted, and abstain from further proceeding on such application.

3. Applications (O. 120, r. 3)

(HK) An application under rule 1 of this Order may be made by- (a) the Secretary for Justice; (b) all or any one or more of the trustees or persons administering the trust, or persons claiming to

administer the trust, or persons otherwise interested in the trust; or (c) in the case of any relief, order or direction sought under section 57A of the Trustee Ordinance (Cap

29), 2 or more persons who have the consent in writing of the Secretary for Justice to make the application.

(79 of 1997 s. 4; L.N. 362 of 1997)

4. Secretary for Justice to be made party to certain applications (O. 120, r. 4)

(HK) Where an application under rule 1 of this Order is made by any trustee or person referred to in rule 3(b) of this Order, the Secretary for Justice shall be made a party to the application unless the Court otherwise orders.

(79 of 1997 s. 4; L.N. 362 of 1997) (L.N. 282 of 1989; L.N. 383 of 1996)

Order: 121 CHILD ABDUCTION AND CUSTODY ORDINANCE (Cap 512)

L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

PROCEEDINGS AND APPLICATIONS

1. Interpretation (O. 121, r. 1)

(1) In this Order "the Ordinance" means the Child Abduction and Custody Ordinance (Cap 512) and a section referred to by number means the section so numbered in the Ordinance.

(2) Expressions used in this Order which are used in the Ordinance have the same meanings in this Order as in the Ordinance.

(3) In this Order, unless the context otherwise requires-

Cap 4A - THE RULES OF THE HIGH COURT 320

"application" means an application under the Convention or the Ordinance; "decision" includes a judgment or an order of any judicial authority as well as an order of an administrative authority; "relevant authority" includes the Court, a District Court and a juvenile court.

2. Mode of application (O. 121, r. 2)

(1) Subject to paragraph (2), every originating application may be made by originating summons in Form No. 10 in Appendix A. (L.N. 152 of 2008)

(2) Where an applicant seeks a direction under rule 9 without having filed an originating summons, the Court may, on sufficient cause being shown, allow such an application to be made on the applicant's undertaking to the Court to issue an originating summons as soon as possible and on such other terms, if any, as the Court thinks fit.

3. Application for return of a child (O. 121, r. 3)

(1) An application for the return of a child shall be supported by an affidavit sworn by the applicant or, if the circumstances of the case justify it, a person duly authorized to swear it on behalf of the applicant, and the affidavit shall, so far as it is possible to do so-

(a) state the following- (i) the matters specified in Article 8(a) to (d) of the Convention; (ii) if applicable, the matters stated in Article 8(e) and (f) of the Convention; (iii) particulars of any pending or concluded proceedings, including proceedings out of Hong Kong,

relating to the child; (iv) any other information which may assist in securing the return of the child;

(b) exhibit all relevant documents. (2) The affidavit shall be filed at the same time as the application except that, in a case of urgency, the affidavit

may be filed as soon as possible after the application.

4. Application for a declaration under section 10 (O. 121, r. 4)

(1) An application for a declaration that the removal or retention of the child was wrongful shall be supported by an affidavit sworn by the applicant or, if the circumstances of the case justify it, by a person duly authorized to swear it on behalf of the applicant, and the affidavit shall, so far as is possible-

(a) state- (i) full particulars of the request made by the requesting state; (ii) the matters specified in Article 8(a) to (c) of the Convention and all other facts on which the

applicant relies; (b) exhibit all relevant documents.

(2) The affidavit shall be filed at the same time as the application except that, where the case is one of urgency, the affidavit may be filed as soon as possible after the application.

5. Defendants (O. 121, r. 5)

(1) The following persons shall be made defendants to an application for the return of a child- (a) the person alleged in the affidavit to have brought into Hong Kong the child in respect of whom the

application under the Convention is made; (b) the person with whom the child is alleged in the affidavit to be; (c) any parent or guardian of the child who is not otherwise a party; (d) the person in whose favour a decision, including a decision of a relevant authority in a Contracting

State other than Hong Kong, relating to custody has been made, if he is not otherwise a party; and (e) any other person who has a sufficient interest in the welfare of the child.

(2) The persons referred to in paragraph (1)(b) to (e) shall be made defendants to an application under section 10.

6. Time for acknowledging service (O. 121, r. 6)

Cap 4A - THE RULES OF THE HIGH COURT 321

The time limited for acknowledging service of an originating summons issued pursuant to rule 2 is 7 days after the service of the originating summons, including the day of service, or 14 days after the service of the originating summons, including the day of service, where the service has taken place outside the jurisdiction.

7. Further evidence (O. 121, r. 7)

(1) Any defendant may within 5 days after acknowledging service of the originating summons file and serve on the other parties any affidavit on which he intends to rely.

(2) The plaintiff may within 5 days thereafter file and serve on the defendant an affidavit in reply.

8. Assignment of proceedings (O. 121, r. 8)

Every application shall be heard and determined by a judge, except that applications to extend time and to join a defendant may be heard by a Master, and shall be dealt with in chambers unless the Court otherwise directs.

9. Interim directions (O. 121, r. 9)

An application for interim directions under section 7 may, where the case is one of urgency, be made ex parte.

10. Stay of proceedings (O. 121, r. 10)

(1) A person wishing to give notice under Article 16 of the Convention that there has been a wrongful removal or retention of a child who is the subject of proceedings relating to the merits of rights of custody shall file in the Registry a notice to that effect, which shall contain a concise statement of the nature of those proceedings and shall identify the relevant authority before which they are pending.

(2) A notice given under paragraph (1) shall be verified on affidavit by the person giving it and the affidavit shall be filed at the same time as the notice.

(3) The Registrar, upon receipt of such notice and affidavit, shall as soon as practicable, provide the relevant authority with copies thereof.

11. Authenticated copy of Court's order (O. 121, r. 11)

(1) A person who wishes to make an application under the Convention in a Contracting State other than Hong Kong and who wishes to obtain from the Court an authenticated copy of an order of the Court relating to the child in respect of whom the application is to be made shall apply in writing in that behalf to the Registrar.

(2) An application under paragraph (1) shall specify, so far as it is possible to do so- (a) the name and date of birth of the child; (b) the date of the order and the short title of the proceedings in which the order was made; (c) the nature of the application which is intended to be made, identifying the Contracting State in which

the application is intended to be made; (d) the relationship of the applicant to the child; (e) the address of the applicant.

(3) On receipt of an application under this rule, the Registrar shall send by post to the applicant at the address indicated in the application an authenticated copy of the order or, if he is unable to locate the order, shall notify the applicant accordingly.

(4) The authenticated copy of the order shall be an office copy sealed with the Seal of the Court and endorsed with a certificate signed by the Registrar certifying that the copy is a true copy of an order obtained in the Court and that it is issued for the purposes of the Convention.

(L.N. 119 of 1998)

Cap 4A - THE RULES OF THE HIGH COURT 322

Appendix: A FORMS L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

No. 1

Writ of Summons

(O. 6 r. 1)

(Hong Kong Coat of Arms)

IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

20 ......., No. ..............

Between A.B. Plaintiff AND C.D. Defendant

TO THE DEFENDANT (name) .............................................................................. of (address) ....................................................................................................................

THIS WRIT OF SUMMONS has been issued against you by the above-named Plaintiff in respect of the claim set out on the back.

Within (14 days) after the service of this Writ on you, counting the day of service, you must either satisfy the claim or return to the Registry of the High Court the accompanying ACKNOWLEDGMENT OF SERVICE stating therein whether you intend to contest these proceedings or to make an admission.

If you fail to satisfy the claim or to return the Acknowledgment within the time stated, or if you return the Acknowledgment without stating therein an intention to contest the proceedings, the Plaintiff may proceed with the action and judgment may be entered against you forthwith without further notice.

*[If you intend to make an admission, you may complete an appropriate form enclosed in accordance with the accompanying Directions for Acknowledgment of Service.]

Issued from the Registry of the High Court this .......................... day of .................... 20 ...... .

Note:-This Writ may not be served later than 12 calendar months beginning with that date unless renewed by order of the Court.

IMPORTANT

Directions for Acknowledgment of Service are given with the accompanying form.

(Back of No. 1)

*[Statement of Claim]

The Plaintiff's claim is for ........................................................................................

Cap 4A - THE RULES OF THE HIGH COURT 323

--------------------

*Where words appear between square brackets delete if inapplicable. *(Signed if statement of claim indorsed. A statement of claim must be verified by a statement of truth in

accordance with Order 41A of the Rules of the High Court (Cap 4 sub. leg. A).)

(Where the Plaintiff's claim is for a debt or liquidated demand only: If, within the time for returning the Acknowledgment of Service, the Defendant pays the amount claimed and $ ............. for costs, further proceedings will be stayed. The money must be paid to the Plaintiff or his Solicitor.)

Solicitors for the said Plaintiff whose address is ................................................................. *(or where the Plaintiff sues in person.

THIS WRIT was issued by the said Plaintiff who resides at ....................................... ....................................................................................................................................... and (if the Plaintiff does not reside within the jurisdiction) whose address for service is ........ .....................................................................................................................................).

(L.N. 251 of 1997; 25 of 1998 s. 2; L.N. 152 of 2008)

No. 8

Originating summons-general form

(O. 7 r. 2)

IN THE HIGH COURT OF HONG KONG

COURT OF FIRST INSTANCE

19 ......., No. ..............

(IN THE MATTER OF .....................)

Between A.B. Plaintiff AND C.D. Defendant

To C.D. of

Let the defendant, within (14 days) after service of this summons on him, counting the day of service, return the accompanying Acknowledgment of Service to the Registry of the High Court.

By this summons, which is issued on the application of the plaintiff A.B. of ................, the plaintiff claims against the defendant .................................. (or seeks the determination of the Court on the following questions, namely, ................................................. or as may be).

If the defendant does not acknowledge service, such judgment may be given or order made against or in relation to him as the Court may think just and expedient.

Dated the ............... day of ......................... 19 ........

Cap 4A - THE RULES OF THE HIGH COURT 324

--------------------

Note:-This summons may not be served later than 12 calendar months beginning with the above date unless renewed by order of the Court.

This summons was taken out by ........................................................................... of .................................................................................................... solicitors for the said plaintiff ....................................................................... whose address is as stated above (or where the plaintiff sues in person. This summons was taken out by the said plaintiff who resides at the above-named address or as may be and (if the plaintiff does not reside within the jurisdiction) whose address for service is ...................................................................).

IMPORTANT

Directions for Acknowledgment of Service are given with the accompanying form. (L.N. 251 of 1997; 25 of 1998 s. 2)

No. 10

Originating summons-expedited form

(O. 7 r. 2 O. 29 r. 8A; O. 30 r. 9; O. 62 r. 11A; O. 73 rr. 2, 3 & 4; O. 100 r. 2; O. 115 rr. 2A, 3, 7 & 24)

IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

20 ......, No. ...........

(IN THE MATTER OF ...................)

Between A.B. Plaintiff AND C.D. Defendant

Let C.D. of ................................................ attend before the Registrar (or Judge) in Chambers, at the High Court, Hong Kong, on ............................................................. day, the ................... day of ................................................ 20.........., at ................. o'clock, (or, if no application has yet been made for a day to be fixed, on a day to be fixed) on the hearing of an application by the plaintiff A.B. of ................................................................ that .................................................................................................................................

And let the defendant within (14 days) after service of this summons on him counting the day of service, return the accompanying Acknowledgment of Service to the Registry of the High Court.

Dated the ............... day of ......................... 20 ........

Note:-This summons may not be served later than 12 calendar months beginning with the above date unless renewed by order of the Court.

This summons was taken out by ................. of ..................................... solicitors for the said plaintiff whose address is as stated above (or where the plaintiff sues in person.

This summons was taken out by the said plaintiff who resides at ................................ and (if the plaintiff does

Cap 4A - THE RULES OF THE HIGH COURT 325

--------------------

not reside within the jurisdiction) whose address for service is ......... ........................................................................................................................................)

Note:-If a defendant does not attend personally or by his counsel or solicitor at the time and place above- mentioned such order will be made as the Court may think just and expedient.

IMPORTANT

Directions for Acknowledgment of Service are given with the accompanying form. (L.N. 251 of 1997; 25 of 1998 s. 2; L.N. 152 of 2008)

No. 11

Ex parte originating summons

(O. 7 r. 2; O. 118 r. 4(1); O. 119 r. 4) 20 ......, No. ...........

IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION

In the matter of ....................................................................................................... Let all parties concerned attend before the Judge in Chambers (or the master) at the High Court in Hong Kong,

on ................................................................ day, the .............. day of ................................................. 20 ........, at ........ o'clock, on the hearing of an application by A.B. that ...................................................................................................

Dated the ............... day of ......................... 20 ........ This summons was taken out by ....................... of ....................................... solicitor for the applicant whose

address is .................................................................................... (L.N. 313 of 1997; 25 of 1998 s. 2; L.N. 152 of 2008)

No. 11A

Originating summons for possession

(O. 113 r. 2)

19 ......, No. ...........

IN THE COURT OF FIRST INSTANCE OF HONG KONG

(IN THE MATTER OF ...........................)

Between A.B. AND C.D.

Plaintiff

Defendant (if any) whose name is known

To [C.D. and] every [other] person in occupation of .................................................. Let all persons concerned attend before ....................................................................

..................................................... Court of First Instance ........................................... of Hong Kong in Hong Kong on .................................................. day, the ...................... day of ................................................ 19 ......., at ....... o'clock, on the hearing of an application by A.B. for an order that he do recover possession of .................................................... on the ground that he is entitled to possession and that the person(s) in occupation

Cap 4A - THE RULES OF THE HIGH COURT 326

--------------------

is (are) in occupation without licence or consent. Dated the ............... day of ......................... 19 ........ This summons was taken out by ..................... of ..................................................... solicitor for the said plaintiff

whose address is ................................................................... [or when the plaintiff acts in person] This summons was taken out by the said plaintiff who resides at ................................

........................................... and is (state occupation) and (if the plaintiff does not reside within the jurisdiction) whose address for service is ........................................................... Note:-Any person occupying the premises may apply to the Court personally or by counsel or solicitor to be joined as

a defendant. If a person occupying the premises does not attend personally or by counsel or solicitor at the time and place above-mentioned, such order will be made as the Court may think just and expedient.

(L.N. 251 of 1997; L.N. 313 of 1997; 25 of 1998 s. 2)

No. 12

Notice of appointment to hear originating summons

(O. 28 r. 2)

(Heading as in summons)

To (name of defendant) of .......................................................................................

Take notice that the originating summons issued herein on the ............... day of ....................... 19 ........., will be heard by the Judge in Chambers (or the master) at the High Court in Hong Kong, on ............ day, the ............ day of .................................. 19........., at .......... o'clock. You may attend in person, or by your solicitor or counsel. If you fail to attend, such order will be made as the Court may think just and expedient.

Dated the ............... day of ......................... 19 ........

(Signed) .............................................................. Solicitor for the plaintiff.

(L.N. 251 of 1997; L.N. 313 of 1997; 25 of 1998 s. 2)

No. 13

Notice of originating motion

(O. 8 r. 3)

19 ......, No. ...........

IN THE HIGH COURT OF HONG KONG

In the matter of ...................................................................... and

In the matter of ......................................................................

Take notice that the High Court of Hong Kong in Hong Kong will be moved (before his Lordship, Mr. Justice .......................................................................) at the expiration of ............. days from the service upon you of this notice (or on ......................................... day, the ............ day of ....... 19 ........, at the sitting of the Court) or so soon thereafter as counsel can be heard, by counsel on behalf of A.B. for an order that ................. (or for the following

Cap 4A - THE RULES OF THE HIGH COURT 327

--------------------

relief, namely .............................................................................................) And that the costs of and incidental to this (application) (appeal) may be paid by ............... (And further take notice that the grounds of this (application) (appeal) are: .......................) Dated the ............... day of ......................... 19 ........

(Signed) ..............................................................

C.D. of .............................. solicitor for the above named (applicant) (appellant) A.B. whose address is .......................................................................... or A.B. whose address for service is .................................................................................. (applicant) (appellant) in person .........................................................................................................................

To .......................... of ............................... (L.N. 251 of 1997; L.N. 313 of 1997; 25 of 1998 s. 2)

No. 14

Acknowledgment of Service of Writ of Summons

(O. 12 r. 3)

Directions for Acknowledgment of Service

1. The accompanying form of ACKNOWLEDGMENT OF SERVICE should be detached and completed by a Solicitor acting on behalf of the Defendant or by the Defendant if acting in person. After completion it must be delivered or sent by post to the Registry of the High Court at the following address:-

[insert here the address of the Registry of the High Court] 2. A Defendant who states in his Acknowledgment of Service that he intends to contest the proceedings

MUST ALSO file a DEFENCE which must be written in either the Chinese or the English language with the registry and serve a copy thereof on the Solicitor for the Plaintiff (or on the Plaintiff if acting in person).

If a Statement of Claim is indorsed on the Writ (i.e. the words "Statement of Claim" appear at the top of the back), the Defence must be filed and served within 28 days after the time for acknowledging service of the Writ, unless in the meantime a summons for judgment is served on the Defendant.

If a Statement of Claim is not indorsed on the Writ, the Defence must be filed and served within 28 days after a Statement of Claim has been served on the Defendant.

If the Defendant fails to file and serve his defence within the appropriate time, the Plaintiff may enter judgment against him without further notice.

The Defendant's defence must be verified by a statement of truth in accordance with Order 41A of the Rules of the High Court (Cap 4 sub. leg. A).

3. If the only remedy that the Plaintiff is seeking is the payment of a liquidated amount of money or the payment of an unliquidated amount of money, you may admit the Plaintiff's claim in whole or in part by completing Form No. 16 or 16C (as the case may require) accompanying the Writ of Summons.

A completed Form No. 16 or 16C must be filed with the Registry of the High Court and served on the Plaintiff [or the Plaintiff's Solicitors] within the period for service of the Defence.

4. A Defendant who wishes to dispute the jurisdiction of the Court of First Instance in the proceedings or to argue that the Court of First Instance should not exercise its jurisdiction in the proceedings, and wishes to apply to the Court of First Instance for an order staying the proceedings, must give notice of intention to defend the proceedings and make the application within the time limited for service of a defence.

See attached Notes for Guidance

Notes for Guidance

1. Each Defendant (if there are more than one) is required to complete an Acknowledgment of Service and

Cap 4A - THE RULES OF THE HIGH COURT 328

return it to the Registry of the High Court. [2. For the purpose of calculating the period of 14 days for acknowledging service, a writ served on the

Defendant personally is treated as having been served on the day it was delivered to him and a writ served by post or by insertion through the Defendant's letter box is treated as having been served on the seventh day after the date of posting or insertion.]

(Note: Not applicable if the defendant is a company served at its registered office.) 3. Where the Defendant is sued in a name different from his own, the form must be completed by him with the

addition in paragraph 1 of the words "sued as (the name stated on the Writ of Summons)". 4. Where the Defendant is a FIRM and a Solicitor is not instructed, the form must be completed by a

PARTNER by name, with the addition in paragraph 1 of the description "partner in the firm of (............................................................................)" after his name.

5. Where the Defendant is sued as an individual TRADING IN A NAME OTHER THAN HIS OWN, the form must be completed by him with the addition in paragraph 1 of the description "trading as (..........................)" after his name.

6. Where the Defendant is a LIMITED COMPANY the form must be completed by a Solicitor or by someone authorized to act on behalf of the Company, but the Company can take no further step in the proceedings without a Solicitor acting on its behalf.

7. Where the Defendant is a MINOR or a MENTAL Patient, the form must be completed by a Solicitor acting for a guardian ad litem.

8. A Defendant acting in person may obtain help in completing the form at the Registry of the High Court. 9. These notes deal only with the more usual cases. In case of difficulty a Defendant in person should refer to

paragraph 8 above.

(Heading as in No. 1 to be completed by plaintiff)

ACKNOWLEDGMENT OF SERVICE OF WRIT OF SUMMONS

If you intend to instruct a Solicitor to act for you, give him this form IMMEDIATELY. Important. Read the accompanying directions and notes for guidance carefully before completing this form. If

any information required is omitted or given wrongly, THIS FORM MAY HAVE TO BE RETURNED. Delay may result in judgment being entered against a Defendant whereby he or his Solicitor may have to pay the

costs of applying to set it aside.

see Notes 1, 1. State the full name of the Defendant by whom or on whose behalf the service of the Writ 3, 4 and 5. is being acknowledged.

2. State whether the Defendant intends to contest the proceedings (tick appropriate box)  yes  no

See Direction 3. 3. If the only remedy that the Plaintiff is seeking is the payment of a liquidated amount of money or the payment of an unliquidated amount of money, state whether the Defendant intends to make an admission (tick appropriate box).

 yes  no

If yes, the Defendant may make the admission by completing Form No. 16 or 16C (as the case may require) accompanying the Writ of Summons.

Where words Service of the Writ is acknowledged accordingly. appear between square brackets, (Signed) [Solicitor] ( ) delete if [Defendant in person] inapplicable. Address for service

Notes as to Address for Service

Solicitor. Where the Defendant is represented by a Solicitor, state the Solicitor's place of business in Hong

Cap 4A - THE RULES OF THE HIGH COURT 329

--------------------

Kong.

Defendant in person. Where the Defendant is acting in person, he must give his residence OR, if he does not reside in Hong Kong, he must give an address in Hong Kong where communications for him should be sent. In the case of a limited company, "residence" (居所) means its registered or principal office.

(Back of page (1))

Indorsement by plaintiff's solicitor (or by plaintiff if suing in person) of his name, address and reference, if any. (L.N. 251 of 1997; L.N. 313 of 1997; 25 of 1998 s. 2; L.N. 129 of 2000; L.N. 152 of 2008)

No. 15

Acknowledgment of Service of Originating Summons-for all cases other than

costs-only proceedings under section 52B of the High

Court Ordinance

(O. 10 r. 5; O. 12 r. 3(1))

Directions for Acknowledgment of Service

[insert here the address of the Registry of the High Court] 2. If the only remedy that the Plaintiff is seeking is the payment of a liquidated amount of money or the

payment of an unliquidated amount of money, you may admit the Plaintiff's claim in whole or in part by completing Form No. 16 or 16C (as the case may require) accompanying the Originating Summons.

A completed Form No. 16 or 16C must be filed with the Registry of the High Court and served on the Plaintiff [or the Plaintiff's Solicitors] within the period for filing of the Defendant's affidavit evidence.

3. A Defendant who wishes to dispute the jurisdiction of the Court of First Instance in the proceedings or to argue that the Court of First Instance should not exercise its jurisdiction in the proceedings, and wishes to apply to the Court of First Instance for an order staying the proceedings, must give notice of intention to defend the proceedings and make the application within the time limited for service of a defence.

See over for Notes for Guidance

[Back of page (1)]

Notes for Guidance

[As in No. 14 substituting "originating summons" for "writ of summons".]

(Heading as in No. 8 or 10 to be completed by plaintiff)

ACKNOWLEDGMENT OF SERVICE OF ORIGINATING SUMMONS

If you intend to instruct a Solicitor to act for you, give him this form IMMEDIATELY.

Important. Read the accompanying directions and notes for guidance carefully before completing this form. If

Cap 4A - THE RULES OF THE HIGH COURT 330

--------------------

any information required is omitted or given wrongly, THIS FORM MAY HAVE TO BE RETURNED.

see Notes 1, 1. State the full name of the Defendant by whom or on whose behalf the service of the 3, 4 and 5. Originating Summons is being acknowledged.

2. State whether the Defendant intends to contest the proceedings (tick appropriate box)  yes  no

See Direction 2. 3. If the only remedy that the Plaintiff is seeking is the payment of a liquidated amount of money or the payment of an unliquidated amount of money, state whether the Defendant intends to make an admission (tick appropriate box).

 yes  no

If yes, the Defendant may make the admission by completing Form No. 16 or 16C (as the case may require) accompanying the Originating Summons.

Where words Service of the Originating Summons is acknowledged accordingly. appear between square brackets, (Signed) [Solicitor] ( ) delete if [Defendant in person] inapplicable. Address for service

Notes as to Address for Service

Solicitor. Where the Defendant is represented by a Solicitor, state the Solicitor's place of business in Hong Kong.

(Back of page (1))

Indorsement by plaintiff's Solicitors (or by plaintiff if suing in person) of his name, address and reference, if any. (L.N. 251 of 1997; 25 of 1998 s. 2; L.N. 152 of 2008)

No. 15A

Acknowledgment of Service of Originating Summons- for costs-only proceedings under section 52B

of the High Court Ordinance

(O. 10 r. 5; O. 12 r. 3(1); O. 62 r. 11A)

Directions for Acknowledgment of Service

The accompanying form of ACKNOWLEDGMENT OF SERVICE should be detached and completed by a solicitor acting on behalf of the defendant or by the defendant if acting in person. After completion it must be delivered or sent by post to the Registry of the High Court of the following address-

[insert here the address of the Registry of the High Court]

See over for Notes for Guidance

[Back of page (1)]

Cap 4A - THE RULES OF THE HIGH COURT 331

--------------------

Notes for Guidance

[As in No. 14 substituting "originating summons" for "writ of summons".]

(Heading as in No. 8 or 10 to be completed by plaintiff)

ACKNOWLEDGMENT OF SERVICE OF ORIGINATING SUMMONS

If you intend to instruct a solicitor to act for you, give him this form IMMEDIATELY.

Important. Read the accompanying directions and notes for guidance carefully before completing this form. If any information required is omitted or given wrongly, THIS FORM MAY HAVE TO BE RETURNED.

See Notes 1, 1. State the full name of the defendant by whom or on whose behalf the service of the originating 3, 4 and 5. summons is being acknowledged.

2. State whether the defendant intends to contest the liability for costs (tick appropriate box)  yes  no

3. State whether the defendant intends to contest the amount of those costs (tick appropriate box)  yes  no

Where words Service of the originating summons is acknowledged accordingly. appear between square brackets, delete if inapplicable.

(Signed) [Solicitor] ( ) [Defendant in person]

Address for service

Notes as to Address for Service

Solicitor. Where the defendant is represented by a solicitor, state the solicitor's place of business in Hong Kong.

Defendant in person. Where the defendant is acting in person, he must state his residence OR, if he does not reside in Hong Kong, he must state an address in Hong Kong to which communications for him should be sent. In the case of a limited company, "residence" (居所) means its registered or principal office.

(Back of page (1))

Indorsement by plaintiff's solicitors (or by plaintiff if suing in person) of his name, address and reference, if any. (L.N. 152 of 2008)

No. 16

Admission (liquidated amount)

(O. 13A rr. 4(2), 5(2) & 13(2))

(Heading as in action)

Explanatory Note

Cap 4A - THE RULES OF THE HIGH COURT 332

1. The only claim the plaintiff has made against you is for a liquidated amount of money. You may admit the plaintiff's claim in whole or in part by completing this form- (a) within the period for service of your defence if you have been served with a writ; or (b) the period for filing of your affidavit evidence if you have been served with an

originating summons; or (c) within 14 days after service of the originating process in any other case.

2. If you have made an admission, you may only be allowed to amend or withdraw your admission if the Court considers it just to do so.

3. If you do not ask for time to pay, the plaintiff will decide how much and when you should pay. 4. If you ask for time to pay, the plaintiff will decide whether or not to accept your proposal for

payment. 5. If the plaintiff accepts your proposal for payment, the plaintiff may, within 14 days after the

copy of your admission is served on him, request the Court to enter judgment against you. 6. If the plaintiff does not accept your proposal for payment, the Court will decide how the

payment should be made after considering- (a) the information set out in this form; (b) the reasons why the plaintiff does not accept your proposal for payment; and (c) all other relevant matters.

7. The completed form should be filed in the Registry of the High Court.

How to fill in this form ‧ Tick the correct boxes and give as much information as you can. Then sign and date the form. If necessary

provide details on a separate sheet, add the action number and attach it to this form. ‧ If you do not ask for time to pay, you need not complete items 2 to 9 and 11 to 14. ‧ If you ask for time to pay, make your offer of payment in item 14. ‧ If you are not an individual, you need not complete items 1 to 9 but you should complete items 10 to 12 and

ensure that you comply with the requirement specified in item 13 and provide sufficient details about the assets and liabilities of your firm, company or corporation to support any offer of payment made in item 14.

‧ If you are an individual, you need not complete items 10 to 12 and need not comply with the requirement specified in item 13.

‧ You can get help to complete this form at the Registry of the High Court.

How much of the claim do you admit? □ I admit the full amount claimed as shown on the statement of claim or

$□ I admit the amount of

1. Personal details Surname

Forename □ Mr □ Mrs □ Miss □ Ms

Address

2. Dependants (people you look after financially) (give details)

3. Employment □ I am employed as a

Cap 4A - THE RULES OF THE HIGH COURT 333

My employer is

Jobs other than main job (give details)

□ I am self employed as a

Annual turnover is $

□ I am not in arrears with my mandatory provident fund contributions and income tax $□ I am in arrears and I owe

Give details of: (a) contracts and other work in

hand

(b) any sums due for work done

□ I have been unemployed for

□ I am a pensioner

4. Bank account and savings (please list all)

In credit by Overdrawn by Bank account $ $

5. Residence I live in □ my own flat

□ my jointly owned flat □ public housing estate □ rented private flat □ others (please specify)

6. Income My usual take-home pay (including overtime, commission, bonuses, etc.) My pension(s) Others living in my home give me Other income (give details below)

Total income

7. Other assets (please list and indicate their location)

$ per month $ per month $ per month

$ per month $ per month $ per month $ per month

Cap 4A - THE RULES OF THE HIGH COURT 334

8. Expenses (Do not include any payments made by other members of the household out of their own income) I have regular expenses as follows: Mortgage (including second mortgage) Rent Rates and government rent Management fees Domestic helper's salary Gas Electricity Water charges Telephone charges Housekeeping, food, school meals Travelling expenses Children's clothing Tuition fees Maintenance payments Court orders Others

Total expenses

9. Liabilities (This section is for arrears only. Do not include regular expenses listed in item 8.) Rent arrears Mortgage arrears Rates and government rent arrears Water charges arrears Fuel debts: Gas

Electricity Others

Maintenance arrears Loans and credit card debts (please list)

Others (give details below)

Total liabilities

10. Firm, company or corporation

Name

Address

$ per month $ per month $ per month $ per month $ per month $ per month $ per month $ per month $ per month $ per month $ per month $ per month $ per month $ per month $ per month

$ per month $ per month $ per month $ per month

$ $ $ $ $ $ $ $ $

$ $ $

Tel. no.

Cap 4A - THE RULES OF THE HIGH COURT 335

11. Assets of firm, company or corporation (please list) Property, plant and equipment $ Inventories $ Goodwill and other intangible assets $ Loans and receivables $ Bank balances and cash $ Others $

12. Liabilities of firm, company or corporation (please list)

Total $

Trade payables $ Tax payables $ Other payables $ Bank loans $ Other borrowings $ Others $

Total $

13. Attach to this form a copy of the latest audited profit and loss account and balance sheet of the firm, company or corporation

14. Offer of payment

□ I can pay the amount admitted on or

□ I can pay by [weekly/monthly etc.] instalments of $ Starting (date) If you cannot pay immediately, please give brief reasons below:

15. Declaration I ____________________________ declare that the details I have given above and in the attached sheet(s) (if any) are true to the best of my knowledge

And I make this solemn declaration conscientiously believing the same to be true and by virtue of the Oaths and Declaration Ordinance (Cap 11)

Signed Position or office held (If signing on behalf of a firm, company or corporation)

With company chop (if applicable)

Declared at ______________________________ in Hong Kong on ________________ of 20 _____.

Before me,

[Signature and designation, i.e., Justice of the Peace/Notary Public/Commissioner

Cap 4A - THE RULES OF THE HIGH COURT 336

_________________________________________________________________________________________

for Oaths.]

Note — Under section 36 of the Crimes Ordinance (Cap 200), a person who knowingly and wilfully makes a statement false in a material particular in a declaration or other document which he is authorized or required to make by an enactment is guilty of an offence.

— A defendant who is an individual must sign personally. A director of a company must obtain leave to represent the company from a Practice Master before he may sign on behalf of the company.

— If a plaintiff does not file a request for judgment within 14 days after this form is served on him, his claim is stayed until he files the request.

(L.N. 152 of 2008)

——————

No. 16A

Request for judgment (admission of liquidated amount)

(O. 13A rr. 4(3), 9(4) & 10(2))

(Heading as in action)

‧ Remember to sign and date the form. Your signature certifies that the information you have given is correct. ‧ Return the completed form to the Court. ‧ The completed form should be filed in the Registry of the High Court.

A The defendant has admitted the whole of my claim Tick only one box below and follow the instructions given.

□ I accept the defendant's proposal for payment Enclose a draft judgment for approval. The Court will enter judgment in accordance with the defendant's proposal.

□ The defendant has not made any proposal for payment Enclose a draft judgment for approval. You can ask for the judgment to be paid by instalments or in one payment.

□ I DO NOT accept the defendant's proposal for payment Enclose a draft judgment for approval. You can say how you want the defendant to pay. Give your reasons for objecting to the defendant's offer of payment. (Continue on the back of this form if necessary.)

Note:— The Court will notify you and the defendant of its judgment.

I certify that the information given is correct

Position or office held Signed (If signing on behalf of a firm,

(Plaintiff) (Plaintiff's solicitor) (next friend) company or corporation) With company chop

Date (if applicable) (L.N. 152 of 2008)

——————

Cap 4A - THE RULES OF THE HIGH COURT 337

_________________________________________________________________________________________

No. 16B

Reply to part admission of liquidated amount and Request for judgment

(O. 13A rr. 5(3) & (5), 9(4) & 10(2))

(Heading as in action)

‧ Please tell the Court what you wish to do by completing the lower half of this form and filing it in the Registry of the High Court within 14 days after the copy of the defendant's admission is served on you. At the same time you must serve a copy on the defendant. If you do not file this form in the Registry of the High Court within the prescribed period, your claim will be stayed. No further action will be taken by the Court until the form is received.

‧ You must tick box A or B. ‧ Remember to sign and date the notice.

A □ I DO NOT accept the defendant's part admission If you tick box A the claim will proceed as a defended claim.

B □ I ACCEPT the amount admitted by the defendant in satisfaction of my whole claim Tick only one box and follow the instructions given.

□ I accept the defendant's proposal for payment Enclose a draft judgment for approval. The Court will enter judgment in accordance with the offer.

□ The defendant has not made any proposal for payment Enclose a draft judgment for approval. You can ask for the judgment to be paid by instalments or in one payment.

Note:— The Court will notify you and the defendant of its judgment.

I certify that the information given is correct

Position or office held Signed (If signing on behalf of a firm,

(Plaintiff) (Plaintiff's solicitor) (next friend) company or corporation) With company chop

Date (if applicable) (L.N. 152 of 2008)

——————

No. 16C

Admission (unliquidated amount)

(O. 13A rr. 6(2), 7(2) & 13(2))

(Heading as in action)

Cap 4A - THE RULES OF THE HIGH COURT 338

Explanatory Note 1. The only claim the plaintiff has made against you is for an unliquidated amount of money.

You may admit the plaintiff's claim in whole or in part by completing this form- (a) within the period for service of your defence if you have been served with a writ; or (b) the period for filing of your affidavit evidence if you have been served with an

originating summons; or (c) within 14 days after service of the originating process in any other case.

2. If you have made an admission, you may only be allowed to amend or withdraw your admission if the Court considers it just to do so.

3. You may offer a specified amount to satisfy the claim. If the amount you offer is accepted by the plaintiff, the plaintiff may request the Court to enter judgment against you for that amount. Alternatively, the plaintiff may request the Court to enter judgment against you for an amount to be decided by the Court and costs.

4. You may also ask for time to pay. If the plaintiff does not accept your proposal for payment, the Court will decide how the payment should be made after considering- (a) the information set out in this form; (b) the reasons why the plaintiff does not accept your proposal for payment; and (c) all other relevant matters.

5. The completed form should be filed in the Registry of the High Court.

How to fill in this form ‧ Tick the correct boxes and give as much information as you can. Then sign and date the form.

If necessary provide details on a separate sheet, add the action number and attach it to this form. ‧ If you do not ask for time to pay, you need not complete items 2 to 9 and 11 and 12. ‧ If you are not an individual, you need not complete items 1 to 9 but you should complete items 10 to 12 and

‧ If you are an individual, you need not complete items 10 to 12 and need not comply with the requirement specified in item 13.

‧ You can get help to complete this form at the Registry of the High Court.

Part A Response to claim (tick one box only) □ I admit liability for the whole claim but want the Court to decide the amount I should pay (if you tick this

box, you need not complete Part B and items 2 to 9, 11 and 12 and need not comply with the requirement specified in item 13)

OR □ I admit liability for the claim and offer to pay in satisfaction of the claim

Part B How are you going to pay the amount you have admitted? (tick one box only) □ I offer to pay on (date) OR □ I cannot pay the amount immediately because (state reason)

AND I offer to pay by instalments of per (week)(month) starting (date)

1. Personal details Surname

Forename □ Mr □ Mrs □ Miss □ Ms

Cap 4A - THE RULES OF THE HIGH COURT 339

Address

2. Dependants (people you look after financially) (give details)

3. Employment □ I am employed as a

My employer is

Jobs other than main job (give details)

□ I am self employed as a

Annual turnover is $

□ I am not in arrears with my mandatory provident fund contributions and income tax $

Give details of:

□ I am in arrears and I owe

(a) contracts and other work in hand

(b) any sums due for work done

□ I have been unemployed for

□ I am a pensioner

4. Bank account and savings (please list all)

Bank account In credit by

$ Overdrawn by

5. Residence I live in □ my own flat

□ my jointly owned flat □ public housing estate □ rented private flat □ others (please specify)

6. Income My usual take-home pay (including overtime, commission, bonuses, etc.) My pension(s) Others living in my home give me Other income (give details below)

$ $ $

per month per month per month

per month

Cap 4A - THE RULES OF THE HIGH COURT 340

Total income

$ $ $

per month per month per month

7. Other assets (please list and indicate their location)

Total expenses

Electricity Others

Maintenance arrears Loans and credit card debts (please list)

Others (give details below)

Total liabilities

10. Firm, company or corporation

$ per month $ per month $ per month $ per month $ per month $ per month $ per month $ per month $ per month $ per month $ per month $ per month $ per month $ per month $ per month

$ per month $ per month $ per month $ per month

$ $ $ $ $ $ $ $ $

$ $ $

Cap 4A - THE RULES OF THE HIGH COURT 341

Name

Address

Tel. no.

12. Liabilities of firm, company or corporation (please list) Trade payables $ Tax payables $ Other payables $ Bank loans $ Other borrowings $ Others $

Total

13. Attach to this form a copy of the latest audited profit and loss account and balance sheet of the firm, company or corporation

14. Declaration I ____________________________ declare that the details I have given above and in the attached sheet(s) (if any) are true to the best of my knowledge

And I make this solemn declaration conscientiously believing the same to be true and by virtue of the Oaths and Declaration Ordinance (Cap 11)

Signed Position or office held (If signing on behalf of a firm, company or corporation)

With company chop (if applicable)

Declared at ______________________________ in Hong Kong on ________________ of 20 _____.

Before me,

[Signature and designation, i.e., Justice of the Peace/Notary Public/Commissioner for Oaths.]

Cap 4A - THE RULES OF THE HIGH COURT 342

_________________________________________________________________________________________

— A defendant who is an individual must sign personally. A director of a company must obtain leave to represent the company from a Practice Master before he may sign on behalf of the company.

— If a plaintiff does not file a request for judgment within 14 days after this form is served on him, his claim is stayed until he files the request.

(L.N. 152 of 2008)

——————

No. 16D

Request for judgment (admission of unliquidated amount)

(O. 13A r. 6(3))

(Heading as in action)

The defendant has admitted liability to pay the whole of my claim but has not made any proposal for payment.

I request judgment to be entered against the defendant for an amount to be decided by the Court and costs. [Enclose a draft judgment for approval]

Position or office held Signed (If signing on behalf of a firm,

(Plaintiff) (Plaintiff's solicitor) (next friend) company or corporation) With company chop

Date (if applicable)

‧ The completed form should be filed in the Registry of the High Court. (L.N. 152 of 2008)

——————

No. 16E

Reply to admission of unliquidated amount and Request for judgment

(O. 13A rr. 7(3), (5) & (9), 9(4) & 10(2))

(Heading as in action)

Important notes for plaintiff

‧ You must tick either item A or complete item B and file the form in the Registry of the High Court within 14 days after the copy of the defendant's admission is sent to you. At the same time you must send a copy to the defendant. If you do not return the form within the prescribed period, your claim will be stayed. No further action will be taken by the Court until the form is received.

‧ Remember to sign and date the notice.

Cap 4A - THE RULES OF THE HIGH COURT 343

_________________________________________________________________________________________

--------------------

A □ I DO NOT accept the amount offered by the defendant in satisfaction of my claim. I wish judgment to be entered for an amount to be decided by the Court. The Court will give directions for management of the case.

B □ I ACCEPT the amount admitted by the defendant in satisfaction of my claim Tick only one box and follow the instructions given.

□ I accept the defendant's proposal for payment Enclose a draft judgment for approval. The Court will enter judgment in accordance with the offer.

Note:— The Court will notify you and the defendant of its judgment.

I certify that the information given is correct

Position or office held Signed (If signing on behalf of a firm,

(Plaintiff) (Plaintiff's solicitor) (next friend) company or corporation) With company chop

Date (if applicable) (L.N. 152 of 2008)

No. 17

Notice to be indorsed on copy of counterclaim

(O. 15 r. 3(6))

To X. Y.

1. Take notice that, within [14 days] after service of this defence and counterclaim on you, counting the day of service, you must acknowledge service and state in your acknowledgment whether you intend to contest the proceedings. If you fail to do so or if your acknowledgment does not state your intention to contest the proceedings, judgment may be given against you without further notice.

2. If the only remedy that the counterclaiming plaintiff is seeking is the payment of a liquidated amount of money or the payment of an unliquidated amount of money, you may admit the counterclaiming plaintiff's claim in whole or in part by completing Form No. 16 or 16C (as the case may require) accompanying the counterclaim.

A completed Form No. 16 or 16C must be filed with the Registry of the High Court and served on the counterclaiming plaintiff [or the counterclaiming plaintiff's solicitors] within the period for service of the defence to counterclaim.

IMPORTANT

Directions for Acknowledgment of Service are given with the accompanying form. (L.N. 251 of 1997; L.N. 152 of 2008)

Cap 4A - THE RULES OF THE HIGH COURT 344

_____________

No. 20

Third party notice claiming contribution or indemnity or other relief or remedy

(O. 16)

19 ......., No. ..............

IN THE HIGH COURT OF HONG KONG

COURT OF FIRST INSTANCE

Between A.B. Plaintiff AND C.D. Defendant AND T.P. Third Party

Third Party Notice

[Issued pursuant to the order of ...................... dated the ........................................ day of ................................]. To T.P. of ........................................ in the ............................................................

of ................................................................................................................................... Take notice that this action has been brought by the plaintiff against the defendant. In it the plaintiff claims

against the defendant [here state the nature of the plaintiff's claim] as appears from the writ of summons [or originating summons] a copy whereof is served herewith [together with a copy of the statement of claim].

The defendant claims against you [here state the nature of the claim against the third party as for instance] to be indemnified against the plaintiff's claim and the costs of this action or contribution to the extent of [one half] of the plaintiff's claim or the following relief or remedy namely .............................................. on the grounds that (state the grounds of the claim).

And take notice that within [14 days] after service of this notice on you, counting the day of service, you must acknowledge service and state in your acknowledgment whether you intend to contest the proceedings. If you fail to do so, or if your acknowledgment does not state your intention to contest the proceedings, you will be deemed to admit the plaintiff's claim against the defendant and the defendant's claim against you and your liability to [indemnify the defendant or to contribute to the extent claimed or to ......................... stating the relief for remedy sought] and will be bound by any judgement or decision given in the action, and the judgement may be enforced against you in accordance with Order 16 of the Rules of the High Court Chapter 4.

Dated the ............... day of ......................... 19 ........

(Signed) .............................................................. Solicitor for the defendant.

IMPORTANT

Directions for Acknowledgment of Service are given with the accompanying form. (L.N. 251 of 1997; 25 of 1998 s. 2)

No. 21

Third party notice where question or Issue to be determined

Cap 4A - THE RULES OF THE HIGH COURT 345

--------------------

___________________________________________________________________

(O. 16)

[Title etc. as in No. 20 down to end of first paragraph]

The defendant requires that the following question or issue, viz. [here state the question or issue required to be determined] should be determined not only as between the plaintiff and the defendant but also as between either or both of them and yourself.

And take notice that [as in No. 20 down to the words "intention to contest the proceedings"] you will be bound by any judgment or decision in the action so far as it is relevant to the said question or issue, and the judgment may be enforced against you in accordance with Order 16 of the Rules of the High Court Chapter 4.

Dated the ............... day of ......................... 19 ........

(Signed) .............................................................. Solicitor for the defendant.

IMPORTANT

Directions for Acknowledgment of Service are given with the accompanying form. (L.N. 251 of 1997; 25 of 1998 s. 2)

No. 23

Notice of sanctioned payment

(O. 22 r. 8(2))

(Heading as in action)

To the plaintiff('s solicitor) and to the Director of Legal Aid (if applicable)

Take notice that the defendant(s) _____________________ has/have paid $___________________ (a further amount of $ _____________________) into court in settlement of- (tick as appropriate)

□ the whole of your claim □ part of your claim (give details below) □ a certain issue or certain issues arising from your claim (give details below)

The (part)(issue or issues) to which it relates is (are): (give details) □ It is in addition to the amount of $ __________________ already paid into court on

___________________ and the total amount in court now offered in settlement is $____________________ (give total of all payments in court to date)

□ It is not inclusive of interest and an additional amount of $ ___________________ is offered for interest (give details of the rate(s) and period(s) for which the amount of interest is offered )

□ It takes into account all (part) of the following counterclaim or set off: (give details of the party and the part of the counterclaim to which the payment relates)

□ It takes into account the interim payment(s) made in the following amount(s) on the following date(s): (give details)

Cap 4A - THE RULES OF THE HIGH COURT 346

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_____________________________________________________________________________

--------------------

□ It takes into account the following sum(s) of money that has (have) been paid into court: (give details) □ It is part of the terms of a sanctioned offer set out in (identify the document). If you give notice of

acceptance of this sanctioned payment, you will be treated as also accepting the sanctioned offer.

Note:-This notice will need to be modified where an offer of provisional damages is made (Order 22, rule 11).

Signed Defendant('s solicitor)

Position or office held (If signing on behalf of a firm, company or corporation)

Date With company chop (if applicable)

Note: To the plaintiff

If you wish to accept the payment made into court and the Court's leave for acceptance is not required, you should complete Form No. 24, send it to the defendant and file a copy in the Registry of the High Court.

(L.N. 152 of 2008)

No. 24

Notice of acceptance of sanctioned payment

(O. 22 r. 15(4))

(Heading as in action)

To the defendant('s solicitor) and to the Director of Legal Aid (if applicable)

Take notice that the plaintiff accepts the payment(s) into court totalling $ _____________________ in settlement of (the whole of)(part of)(certain issue(s) arising from) *the plaintiff's claim as set out in the notice of sanctioned payment received on ____________________________ (and abandons the other part(s) of or issue(s) arising from the plaintiff's claim).

Signed Plaintiff('s solicitor)

Position or office held (If signing on behalf of a firm, company or corporation)

Date With company chop (if applicable)

* Delete as appropriate (L.N. 152 of 2008)

No. 25

Notice of request for payment

Cap 4A - THE RULES OF THE HIGH COURT 347

(O. 22 r. 17)

(Heading as in action)

On ____________________ I accepted the payment(s) into court totalling $ __________________ in settlement of (the whole of)(part of)(certain issue(s) arising from) *my claim as set out in the notice of sanctioned payment received on _______________________ (and abandoned the other part(s) of or issue(s) arising from my claim).*

I declare that: □ the sanctioned payment has been accepted [within 28 days][after 28 days but costs have been agreed][less

than 28 days before trial but costs have been agreed]* □ the payment into court was not made with a defence of tender □ the offeree is not a person under disability □ [at no time has the offeree been on legal aid in these proceedings][the offeree has been on legal aid]* □ there is no pending application to withdraw or diminish the sanctioned payment □ [there is only 1 defendant][the sanctioned payment is made by all defendants][I have discontinued my

claim against those defendants who have not made the sanctioned payment and they have given written consent to the acceptance of the sanctioned payment]*

□ [my claim does not include a claim for provisional damages][my claim for provisional damages has been disposed of under Order 37, rule 8]* (If any of the above declarations has not been made, the money in court can only be paid out by order of the Court)

□ a copy of this notice has been served on the defendant('s solicitor) named below and I request payment of this money held in court to be made to:

Plaintiff or solicitor's full name/Director of Legal Aid*

Address and telephone number

Signature Note: Before signing this form please read the notes for guidance overleaf. Incorrectly signed forms

may be returned unactioned.

DETAILS OF PLAINTIFF'S SOLICITOR

Defendant or solicitor's full name/Director of Legal Aid*

Address and telephone number

Cap 4A - THE RULES OF THE HIGH COURT 348

--------------------

________________________________________________________________________________

Signature Note: The plaintiff('s solicitor) should obtain the signature of the defendant('s solicitor) on the box

below before serving a copy of this notice on him

DETAILS OF DEFENDANT'S SOLICITOR

* Delete as appropriate

Notes for guidance on completion of Form No. 25

In order to request payment out of funds in court, file this form, signed and completed in accordance with these notes for guidance in the Registry of the High Court. A copy of this form should also be sent to the defendant('s solicitors). ‧ When completing this form, please ensure that you tick all of the boxes under the heading:

'I declare that'. If you do not tick all of the boxes, the Registry of the High Court will not be able to process your request for payment and will have to return the form to you.

‧ The form should be signed either by the plaintiff or his solicitor. ‧ The Accounts Office of the High Court will only issue payment upon receipt of a properly completed Form No.

25 with an original signature. Faxed copies of the form and photocopies of signatures will not be accepted and will be returned to sender.

(L.N. 152 of 2008)

No. 25A

Notice of payment into court under order or certificate

(O. 22 r. 27(1))

(Heading as in action)

Take notice that the plaintiff/defendant _____________________ has paid $________________ into court in compliance with the order/certificate of __________________ dated __________________.

Signed Plaintiff/Defendant('s solicitor)

Position or office held (If signing on behalf of a firm, company or corporation)

Date With company chop (if applicable)

Solicitors' certificate

We certify that- (a) the payment is made within time.

Cap 4A - THE RULES OF THE HIGH COURT 349

--------------------

*(b) there is no direction in the order for investment of the money. *(c) the Court has directed that the money be invested in the following manner-

Signed Date

SOLICITOR'S DETAILS

Name of firm

Solicitor for

* Delete as appropriate (L.N. 152 of 2008)

No. 26

List of Documents

(O. 24 r. 5)

(Heading as in cause or matter)

List of documents

The following is a list of the documents relating to the matters in question in this action which are or have been in the possession, custody or power of the above-named plaintiff (or defendant) A.B. and which is served in compliance with Order 24, rule 2 (or the order herein dated the ........... day of ......................... 19 ...........).

1. The plaintiff (or defendant) has in his possession, custody or power the documents relating to the matters in question in this action enumerated in schedule 1 hereto.

2. The plaintiff (or defendant) objects to produce the documents enumerated in part 2 of the said schedule 1 on the ground that (stating the ground of objection).

3. The plaintiff (or defendant) has had, but has not now, in his possession, custody or power the documents relating to the matters in question in this action enumerated in schedule 2 hereto.

4. Of the documents in the said schedule 2, those numbered ............ in that schedule were last in the plaintiff's (or defendant's) possession, custody or power on (stating when) and the remainder on (stating when).

(Here state what has become of the said documents and in whose possession they now are.) 5. Neither the plaintiff (or defendant), nor his solicitor nor any other person on his behalf, has now, or ever

had, in his possession, custody or power any document of any description whatever relating to any matter in question this action, other than the documents enumerated in schedules 1 and 2 hereto.

SCHEDULE 1

Part 1

(Here enumerate in a convenient order the documents (or bundles of documents, if of the same nature, such as invoices) in the possession, custody or power of the party in question which he does not object to produce, with a short description of each document or bundle sufficient to identify it.)

Part 2

Cap 4A - THE RULES OF THE HIGH COURT 350

--------------------

(Here enumerate as aforesaid the documents in the possession, custody or power of the party in question which he objects to produce.)

SCHEDULE 2

(Here enumerate as aforesaid the documents which have been, but at the date of service of the list are not, in the possession, custody or power of the party in question.)

Dated the ............... day of ......................... 19 ........

Notice to inspect

Take notice that the documents in the above list, other than those listed in part 2 of schedule 1 (and schedule 2), may be inspected at (the office of the solicitor of the above-named (plaintiff) (defendant) (insert address) or as may be) on the ............ day of ................................... 19........, between the hours of .............................. and ...................................

To the defendant (or plaintiff) C.D. and his solicitor. Served the ..................... day of ............... 19 ........ by ............................................

of ...................................................................................... solicitor for the (plaintiff) (defendant).

No. 27

Affidavit verifying list of documents

(O. 24 r. 5)

(Heading as in cause or matter)

I, the above-named plaintiff (or defendant) A.B., make oath and say as follows:-

1. The statements made by me in paragraphs 1, 3 and 4 of the list of documents now produced and shown to me marked ......................... are true.

2. The statements of fact made by me in paragraph 2 of the said list are true.

3. The statements made by me in paragraph 5 of the said list are true to the best of my knowledge, information and belief.

Sworn, etc.

This affidavit is filed on behalf of the plaintiff (or defendant).

No. 27A

Notice of application for leave to institute or continue proceedings in court

(O. 32A r. 2)

No. ..............

IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION

Cap 4A - THE RULES OF THE HIGH COURT 351

--------------------

COURT OF FIRST INSTANCE

Applicant

Notice of application for leave to institute or continue proceedings

in court (O. 32A r. 2) To the Registrar, High Court, Hong Kong. Name and address of applicant Title and reference number of the proceedings in which the order under section 27(1) of the High Court Ordinance (Cap 4) was made Order sought Previous applications for leave which the applicant has made under section 27 of the High Court Ordinance (Cap 4), and the results of those applications Signed Dated

Grounds on which leave is sought

Note:-Grounds must be supported by the affidavit evidence on which the applicant relies in support of his application. (L.N. 152 of 2008)

No. 28

Writ of subpoena

(O. 38 r. 14)

(Heading as in cause or matter)

To (names of witnesses).

You are required to attend (at the High Court in Hong Kong at the sittings of our High Court) on the day fixed for the trial of the above-named cause, notice of which will be given to you, and from day to day thereafter until the end of the trial, to give evidence on behalf of the (plaintiff) or (defendant)*.

Witness .............................................................................. Chief Justice of Hong Kong the ................. day of ............................ 19 ........

Issued on the .................... day of .............................................................. 19 ........ by .................................. solicitor for the .........................................................................

Cap 4A - THE RULES OF THE HIGH COURT 352

--------------------

*If duces tecum add: And it is also required to bring with you and produce at the place aforesaid on the day notified to you (here describe the documents or things to be produced).

(L.N. 251 of 1997; L.N. 313 of 1997; 25 of 1998 s. 2)

No. 29

Writ of subpoena: proceedings in chambers

(O. 38 r. 14)

(Heading as in cause or matter)

To (names of witnesses).

You are required to attend before (Mr. Justice .........................................................) in chambers, at the High Court in Hong Kong on ............................................................... day the ........................ day of .......................................................................... 19 ......... at ...................................................... and so from day to day until your evidence shall have been taken, to give evidence on behalf of the (plaintiff) or (defendant) in the above- named cause (and it is also required to bring with you and produce at the time and place aforesaid describe the documents or things to be produced).

Witness (as in No. 28).

Issued (as in No. 28). (L.N. 251 of 1997; L.N. 313 of 1997; 25 of 1998 s. 2)

No. 31

Summons for examination within jurisdiction of witness before trial

(O. 39 r. 1)

(Heading as in cause or matter)

Let all parties concerned attend the Judge (or Registrar) in chambers at the High Court in Hong Kong on ................ the ............................. day of ......................................... 19 ...... at ..................... o'clock on the hearing of an application on the part of ........................ ............................................. that A.B. a witness on behalf of the .................................... be examined forthwith before a Judge, [the Registrar] or one of the examiners of the Court (or an examiner to be agreed upon) upon the usual terms, and that the costs of this application be (costs in the cause).

Dated the ............... day of ......................... 19 ........

This summons was taken out by ........................................................................... of ...................................... solicitor for the .........................................................................

To the above-named ............................... (and ................................................ his solicitor). (L.N. 313 of 1997; 25 of 1998 s. 2)

Cap 4A - THE RULES OF THE HIGH COURT 353

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No. 32

Order for examination within jurisdiction of witness before trial

(O. 39 r. 1)

(Heading as in cause or matter)

On hearing (the solicitors on both sides) and on reading the affidavit of ....................... filed herein the .............. day of ............................ 19 .........

It is ordered that ............................................................... a witness on behalf of the ....................................................... be examined viva voce on oath or affirmation before a Judge, the Registrar or one of the examiners of the Court (or ..................................... Esq., the examiner agreed upon or an examiner to be agreed upon), the plaintiff's (or defendant's) solicitor giving to the defendant's (or plaintiff's) solicitor .......................................... days' notice in writing of the time and place where the examination is to take place (or state the time and place if fixed by the order). And it is ordered that the depositions taken at the examination be filed in the Registry of the High Court, and that office copies thereof may be read and given in evidence on the trial of this cause, saving all just exceptions, without any further proof of the absence of the said witness than the affidavit of the solicitor of the party using the same, as to his belief, and that the costs of this application (and of the examination) be (costs in the cause).

Dated the ............... day of ......................... 19 ........ (L.N. 251 of 1997; 25 of 1998 s. 2)

No. 33

Summons for issue of letter of request to judicial authority out of jurisdiction

(O. 39 r. 2)

(Heading as in cause or matter)

Let all parties (as in No. 31) on the hearing of an application on the part of ......................................................... for an order that a letter of request shall issue to the proper judicial authority of .......................... for the examination of E.F. and G.H. and other witnesses on the plaintiff's (or the defendant's) behalf at .............................................. in (name of country), and that the action be stayed until the return of the said letter of request and examination, and that the costs of and incidental to this application and the said letter of request and examination be costs in the cause.

Dated, etc. (conclude as in No. 31).

No. 34

Order for issue of letter of request to judicial authority out of jurisdiction

(O. 39 r. 2)

(Heading as in cause or matter)

Cap 4A - THE RULES OF THE HIGH COURT 354

_______________

On hearing (as in No. 32).

It is ordered that a letter of request do issue directed to the proper judicial authority for the examination of the following witnesses, namely:

E.F. of .....................................................

G.H. ........................................................

And it is ordered that the depositions taken pursuant thereto when received be filed in the Registry of the High Court and that office copies thereof may be read and given in evidence on the trial of this action, saving all just exceptions, without any further proof of the absence of the said witnesses than the affidavit of the solicitor of the party using the same as to his belief.

And it is ordered that (the trial of this action be stayed until the said depositions have been filed and that) the costs of and incidental to the application for this order and the said letter of request and examination be (costs in the cause).

Dated the ............... day of ......................... 19 ........ (25 of 1998 s. 2)

No. 35

Letter of request for examination of witness out of jurisdiction

(O. 39 r. 3)

To the Competent Judicial Authority of ..................................................................... in the ...................... of ...................................................................................................

WHEREAS an action is now pending in the High Court of Hong Kong in which ................ is plaintiff and ......................................... is defendant and in which the plaintiff claims ............................................................................................................................

AND WHEREAS it has been represented to the said Court that it is necessary for the purposes of justice and for the due determination of the matters in dispute between the parties that the following persons should be examined as witnesses upon oath touching such matters, namely ............................. of ................................ and ............................... of ............................. and it appears that such witnesses are resident within your jurisdiction.

Now I .............................................................. the Registrar of the High Court in Hong Kong hereby request that for the reasons aforesaid and for the assistance of the said Court you will be pleased to summon the said witnesses (and such other witnesses as the agents of the said plaintiff and defendant shall humbly request you in writing so to summon) to attend at such time and place as you shall appoint before you, or such other person as according to your procedure is competent to take the examination of witnesses, and that you will cause such witnesses to be examined viva voce (or upon the interrogatories which accompany this letter of request) touching the said matters in question in the presence of the agents of the plaintiff and defendant or such of them as shall, on due notice given, attend the examination.

And I further request that you will permit the agents of both the plaintiff and defendant or such of them as shall be present to examine (upon interrogatories and viva voce upon the subject-matter thereof or arising out of the answers thereto) such witnesses as may, after due notice in writing, be produced on their behalf, and the other party to cross-examine the said witnesses (upon cross-interrogatories and viva voce) and the party producing the witness for

Cap 4A - THE RULES OF THE HIGH COURT 355

--------------------

examination to re-examine him viva voce.

And I further request that you will be pleased to cause the evidence of the said witnesses (or the answers of the said witnesses and all additional viva voce questions, whether on examination, cross-examination or re-examination) to be reduced into writing and all books, letters, papers and documents produced on such examination to be duly marked for identification, and that you will be further pleased to authenticate such examination by the seal of your tribunal or in such other way as is in accordance with your procedure and to return it together with (the interrogatories and cross-interrogatories and) a note of the charges and expenses payable in respect of the execution of this request through the British Consul from whom the same was received (or ........, one of Her Majesty's Secretaries of State) for transmission to the High Court, Hong Kong.

And I further request that you will cause me, or the agents of the parties if appointed, to be informed of the date and place where the examination is to take place.

Dated the ............... day of ......................... 19 ........ (25 of 1998 s. 2)

No. 36

Summons for appointment of examiner to take evidence of witness out of jurisdiction

(O. 39 r. 2)

(Heading as in cause or matter)

Let all parties (as in No. 31) on the hearing of an application on the part of ..................................................................................... for an order that (the British Consul at ......................................................................................... in (name of country) or his deputy) (.......................................... Esq.) be appointed as special examiner for the purpose of taking the examination, cross- examination, and re-examination, viva voce, on oath or affirmation, of ........................................... and ..........................................................., witnesses on behalf of the ............................., at ........................................................ in (name of country) on the usual terms and that the costs of and incidental to this application and the said examination be costs in the cause.

Dated, etc. (conclude as in No. 31).

No. 37

Order for appointment of examiner to take evidence of witness out of jurisdiction

(O. 39 r. 2)

(Heading as in cause or matter)

On hearing the solicitors on both sides and on reading the affidavit of .......................... filed the ....................... day of ....................... 19 ........

It is ordered that the British Consul or his deputy at ................................................... (or ........................................ Esq.) be appointed as special examiner for the purpose of taking the examination, cross-examination and re-

Cap 4A - THE RULES OF THE HIGH COURT 356

--------------------

examination viva voce, on oath or affirmation, of ............ witnesses on the part of ........................ at ...................... in (name of country). The examiner shall be at liberty to invite the attendance of the witnesses and the production of documents, but shall not exercise any compulsory powers. Otherwise such examination shall be conducted in accordance with the procedure followed in the Court of First Instance of Hong Kong. The ............. solicitors to give to the .................................. solicitors ..................... days' notice in writing of the date on which they propose to send out this order to ........................................ for execution, and that .......................................... days after the service of such notice the solicitors for the plaintiff and defendant respectively do exchange the names of their agents at ....................................................... to whom notice relating to the examination of the said witnesses may be sent. And that .................................................. days (exclusive of Sunday) before the examination of any witness hereunder notice of such examination shall be given by the agent of the party on whose behalf such witness is to be examined to the agent of the other party, unless such notice be dispensed with. And that the depositions when taken, together with any documents referred to therein, or certified copies of such documents, or of extracts therefrom, be sent by the examiner, under seal, to the Registrar of the High Court in Hong Kong, on or before the .......................... day of ............................................ next, or such further or other day as may be ordered, there to be filed in the proper office. And that either party be at liberty to read and give such depositions in evidence on the trial of this action, saving all just exceptions. And that the trial of this action be stayed until the filing of such depositions. And that the costs of and incidental to the application for this order and such examination be costs in the cause.

Dated the ............... day of ......................... 19 ........ (L.N. 313 of 1997; 25 of 1998 s. 2)

No. 38

Notice of Motion

(O. 8 r. 3)

(Heading as in cause or matter)

Take notice that (pursuant to the leave of ............................ given on the .................. day of ....................... 19 .........) the Court (or Mr. Justice .........................................) will be moved ................. the ................. day of ................................... 19 ........., at ............. o'clock, or so soon thereafter as counsel can be heard, by (Mr. .............................. of .............................) counsel for the above-named plaintiff (or defendant) that ........................................................... and that the costs of the application be .....................................................................................

Dated the ............... day of ......................... 19 ........

(Signed) ..............................................................

of ..........................................................

Solicitor for .........................................................

Solicitor for .............................................. (L.N. 251 of 1997)

Cap 4A - THE RULES OF THE HIGH COURT 357

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No. 39

Default judgment in action for liquidated demand

(O. 13 r. 1; O. 19 r. 2; O. 42 r. 1)

(Heading as in action)

The .................. day of .......................... 19 ........

No notice of intention to defend having been given (or no defence having been served) by the defendant herein, it is this day adjudged that the defendant do pay the plaintiff $ .................................... and $ .......................................................... costs (or costs to be taxed).

(The above costs have been taxed and allowed at $ ................................................... as appears by a taxing officer's certificate dated the .......................................................... day of ............................................. 19 ..........).

(L.N. 251 of 1997)

No. 40

Default judgment in action for unliquidated damages

(O. 13 r. 2; O. 19 r. 3; O. 42 r. 1)

(Heading as in action)

The .................. day of .......................... 19 ........ No notice of intention to defend having been given (or no defence having been served) by the defendant herein,

it is this day adjudged that the defendant do pay the plaintiff damages to be assessed.

The amount found due to the plaintiff under this judgment having been certified at $ ........................................... as appears by the (Judge's or Registrar's certificate or as may be) filed the .................... day of .......................... 19 ........

It is adjudged that the defendant do pay the plaintiff $ ............................... and costs to be taxed.

The above costs, etc. (as in No. 39).

(Note:-This form is a combined form of interlocutory and final judgment. The plaintiff may at his option enter interlocutory judgment by omitting the words below the line in the form and enter a separate final judgment in Form No. 43.)

(L.N. 251 of 1997)

No. 41

Default judgment in action relating to detention of goods

(O. 13 r. 3; O. 19 r. 4; O. 42 r. 1)

(Heading as in action)

Cap 4A - THE RULES OF THE HIGH COURT 358

--------------------

The .................. day of .......................... 19 ........

No notice of intention to defend having been given (or no defence having been served) by the defendant herein.

It is this day adjudged that the defendant do deliver to the plaintiff the goods described in the writ of summons (or statement of claim) as (description of goods) or pay the plaintiff the value of the said goods to be assessed (and also damages for their detention to be assessed).

It is this day adjudged that the defendant do pay the plaintiff the value of the goods described in the writ of summons (or statement of claim) to be assessed (and also damages for their detention to be assessed).

The value of the said goods having been assessed at $ ........... (and damages at $ ...........................) as appears by the (Judge's or Registrar's certificate or as may be) filed the ...................... day of ............................... 19 ...... .

It is adjudged that the defendant do pay the plaintiff $ ............. and costs to be taxed.

The above costs, etc. (as in No. 39).

(Note:-See the note to No. 40.) (L.N. 251 of 1997)

No. 42

Default judgment in action for possession of land

(O. 13 r. 4; O. 19 r. 5; O. 42 r. 1)

(Heading as in action)

The .................. day of .......................... 19 ........

No notice of intention to defend having been given (or no defence having been served) by the defendant herein, it is this day adjudged that the defendant do give the plaintiff possession of the land described in the writ of summons (or statement of claim) as ............................... and pay the plaintiff $ ................ costs (or costs to be taxed).

The above costs, etc. (as in No. 39). (L.N. 251 of 1997)

No. 42A

Order for possession

(O. 113 r. 6)

[Heading as in summons]

Upon hearing ................................. and upon reading the affidavit of ..................... filed the ....................... day

Cap 4A - THE RULES OF THE HIGH COURT 359

--------------------

of ................................ 19 ......., it is ordered that the plaintiff A.B. do recover possession of the land described in the originating summons as ........................................... [and that the defendant .............................................. do pay the plaintiff $ ............... costs [or costs to be taxed]].

The above costs have been taxed and allowed at $ ....................................... as appears by a taxing master's certificate dated the ...................... day of ............................. 19 .......

Dated the ............... day of ......................... 19 ........ (L.N. 251 of 1997)

No. 43

Final judgment after assessment of damages, etc.

(O. 42 r. 1)

(Heading as in action)

The .................. day of .......................... 19 ........

The plaintiff having on the ............... day of ............................................. 19 .......... obtained interlocutory judgment herein against the defendant for damages (or as may be) to be assessed, and the amount found due to the plaintiff having been certified at $ .................. as appears by the (Judge's or Registrar's certificate or as may be) filed the ............................................... day of .......................... 19 ..........

It is this day adjudged that the defendant do pay the plaintiff $ ................................... and costs to be taxed.

The above costs, etc. (as in No. 39). (L.N. 251 of 1997)

No. 44

Judgment under Order 14

(O. 14 r. 3; O. 42 r. 1)

(Heading as in action)

The .................. day of .......................... 19 ........

The defendant having given notice of intention to defend herein and the Court having under Order 14, rule 3 ordered that judgment as hereinafter provided be entered for the plaintiff against the defendant.

It is this day adjudged that the defendant do pay the plaintiff $ ............................... and $ ........................ costs (or costs to be taxed)

pay the plaintiff damages to be assessed and costs to be taxed

Cap 4A - THE RULES OF THE HIGH COURT 360

--------------------

deliver to the plaintiff the goods described in the writ of summons (or statement of claim) as .......................................................... (or pay the plaintiff the value of the said goods to be assessed) (and also damages for their detention to be assessed) and costs to be taxed

give the plaintiff possession of the land described in the writ of summons (or as ............................ and costs to be taxed.

statement of claim)

The above costs, etc. (as in No. 39). (L.N. 251 of 1997)

--------------------

No. 45

Judgment after trial before judge without jury

(O. 42 r. 1)

(Heading as in action)

Dated and entered the ............... day of .................................................... 19 .........

This action having been tried before the Honourable Mr. Justice ................................ without a jury, at the High Court, Hong Kong, and the said Mr. Justice ............................... ....................................................... having on the ................. day of ..................... 19 ......... ordered that judgment as hereinafter provided be entered for the plaintiff (or defendant) (and directed that execution be stayed for the period and on the terms hereinafter provided).

It is adjudged that the defendant do pay the plaintiff $ ................................................ and his costs of action to be taxed (or that the plaintiff do pay the defendant his costs of defence to be taxed or as may be according to the judge's order).

(It is further adjudged that execution be stayed for ....................................... days and if within that time the ....................................... gives notice of appeal and sets down the appeal, execution be further stayed until the determination of the appeal or as may be according to the judge's direction).

The above costs, etc. (as in No. 39). (L.N. 251 of 1997; 25 of 1998 s. 2)

No. 46

Judgment after trial before judge with jury

(O. 42 r. 1)

(Heading as in action)

Dated and entered the ............... day of .................................................... 19 .........

This action having been tried before the Honourable Mr. Justice ................................ with a jury and the jury

Cap 4A - THE RULES OF THE HIGH COURT 361

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--------------------

having found (state findings) and the said Mr. Justice ...................... having on the ..................... day of ................................. 19 ........ ordered that judgment as hereinafter provided be entered for (etc. as in No. 45).

(L.N. 251 of 1997)

No. 48

Judgment after decision of preliminary issue

(O. 33 r. 7; O. 42 r. 1)

(Heading as in cause or matter)

Dated and entered the ................ day of ......................... 19 .........

The issue (or question) arising in this cause (or matter) by the order dated the ................. day of ........................ 19 ...... ordered to be tried before ................................ .......................................................................................... having on the ................ day of .......................... 19 ....... been tried before the said ........................................ and the said ................................................................ having found ........................... and having ordered that judgment as hereinafter provided be entered for the ........................................ .................................................... (or having dismissed the cause or matter).

It is adjudged that (the defendant do pay the plaintiff $ ........................................ and his costs of action to be taxed) (the plaintiff do pay the defendant his costs of defence to be taxed) or as may be according to the order made.

(L.N. 251 of 1997)

No. 49

Judgment for liquidated sum against personal representative

(O. 42 r. 1)

(Heading as in action)

Dated and entered the .............. day of .......................... 19 ........ (Recital as in No. 39, 43-48 according to the circumstances in which judgment was obtained).

It is adjudged that the defendant as executor (or administrator) of the above named ...................................................... deceased do pay the plaintiff $ ................................... and costs to be taxed, the said sum and costs to be levied of the real and personal estate of the deceased at the time of his death come to the hands of the defendant as such executor (or administrator) to be administered, if he has or shall hereafter have so much thereof in his hands to be administered, and if he has not so much thereof in his hands to be administered, then, as to the costs aforesaid, to be levied of the goods, chattels and other property of the defendant authorized by law to be seized in execution (or as may be according to the order made).

The above costs, etc. (as in No. 39). (L.N. 251 of 1997)

No. 50

Cap 4A - THE RULES OF THE HIGH COURT 362

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Judgment for defendant's costs on discontinuance

(O. 62 r. 10(1))

(Heading as in action)

The .................. day of .......................... 19 ........

The plaintiff having by a notice in writing dated the ................. day of ....................... 19 .........., discontinued this action (or withdrawn his claim in this action for ...................... ...........................................) and the defendant's costs of the action (or of the claim withdrawn) having been taxed and allowed at $ ............................... as appears by a taxing officer's certificate dated the ................. day of ....................... 19 .........., and the plaintiff not having paid the sum within 4 days after taxation.

It is this day adjudged that the plaintiff do pay the defendant $ ............................. the said taxed costs. (L.N. 251 of 1997)

No. 51

(Repealed L.N. 152 of 2008)

No. 52

Notice of judgment or order

(O. 44 r. 3)

(Heading as in cause or matter)

Take notice that a judgment (or order) of this Court was given (or made) on the ........................ day of ................................. 19 ........ by which it was (state substance of judgment or order).

And also take notice that from the time of the service of this notice you (or the infant ...................... or the patient ........................................... as may be) will be bound by the said judgment (or order) to the same extent as you (or he) would have been if you (or he) had originally been made a party.

And also take notice that you (or the said infant or patient) may within one month after the service of this notice apply to the Court to discharge, vary or add to the said judgment (or order) and that after acknowledging service of this notice at the Registry of the High Court in Hong Kong, you (or the said infant of patient) may attend the proceedings under the said judgment (or order).

Dated the ............... day of ......................... 19 ........

To .........................................................

(Signed) .............................................................. (L.N. 126 of 1995; L.N. 251 of 1997; L.N. 313 of 1997; 25 of 1998 s. 2)

Cap 4A - THE RULES OF THE HIGH COURT 363

No. 53

Writ of fieri facias

(O. 45 r. 12)

(Heading as in action)

To the bailiff ................................................................. :

Whereas in the above named action it was on the ................. day of ........................ 19 ......... adjudged (or ordered) that the defendant C.D. do pay the plaintiff A.B. $ ............. (and $ ......................... costs or costs to be taxed, which costs have been taxed and allowed at $ ........... as appears by the certificate of the taxing officer dated the .................. day of ........................ 19 ........):

It is required that of the goods, chattels and other property of C.D. authorized by law to be seized in execution you cause to be made the sums of $ ....................... and $ ..................... for costs of execution and also interest on $ ................. at the rate of $4 per cent per annum from the .................. day of ........................ 19 ....... until payment (together with bailiff's fees, costs of levying and all other legal, incidental expenses) and that immediately after execution of this writ you pay A.B. in pursuance of the said judgment (or order) the amount levied in respect of the said sums and interest.

And it is also required that you indorse on this writ immediately after execution thereof a statement of the manner in which you have executed it and send a copy of the statement to A.B.

And the court has fixed support and maintenance allowance at the rate of ..................... a day.

Witness .............................................. Chief Justice of Hong Kong, the ................... day of ..................... 19 .......

This writ was issued by ...................... of .............................................. solicitor for .......................... the .............................................. (or at ..........................).

this writ was issued by A.B. (the plaintiff) in person

(L.N. 251 of 1997; L.N.

who resides

313 of 1997)

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No. 54

Writ of fieri facias on order for costs

(O. 45 r. 12)

(Heading as in cause or matter)

To the bailiff ................................................................. :

Whereas in the above named cause (or matter) it was on the .......................... day of ...................... 19 ........ ordered that the .............................................. C.D. do pay the .............................. A.B. costs to be taxed, which costs have been taxed and allowed at $ .............. as appears by the taxing officer's certificate dated the .................... day of .................................. 19 ........ :

It is required that of the goods, chattels and other property of C.D. authorized by law to be seized in execution you cause to be made the sum of $ ....................... and $ ............ for cause of execution, and also interest on $ .................................... at the rate of $4 per cent per annum from the .................. day of ............................ 19 .......

Cap 4A - THE RULES OF THE HIGH COURT 364

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until payment together with bailiff's fees, cost of levying and all other legal incidental expenses and that immediately after execution of this writ you pay A.B. in pursuance of the said order the amount levied in respect of the said sum and interest.

And it is also required (as in No. 53).

And the court (as in No. 53).

Witness (as in No. 53).

This writ (as in No. 53). (L.N. 251 of 1997; L.N. 313 of 1997)

No. 56

Writ of fieri facias after levy of part

(O. 45 r. 12)

(Heading as in action)

To the bailiff ................................................................. :

Whereas (as in No. 53).

And whereas by our writ issued the ..................... day of .................................... 19 ......... it is required that of the goods, chattels and other property of C.D. you should cause to be made the sums of $ ........................ and $ ........................ for costs of execution and also interest on $ ....................... at $4 per cent per annum from the ........................ day of ........................ 19 .......... until payment and should pay A.B. in pursuance of the said judgment (or order) the amount levied in respect of the said sums and interest and should indorse on the writ a statement of the manner in which you had executed it and send a copy of the statement to A.B.

And whereas the indorsement on the said writ states that by virtue thereof you (or he) caused to be made of the property aforesaid the sum of $ ......................................

It is required that of the goods, chattels and other property of C.D. authorized by law to be seized in execution you cause to be made the sum of $ .............................., the residue of the said $ ......................., and $ ....................... for costs of execution and also interest on $ ..................... at the rate of $4 per cent per annum from the ................ day of ........................ 19 ......... until payment (continue as in No. 53).

And it is also required (as in No. 53).

And the court (as in No. 53).

Witness (as in No. 53).

This writ (as in No. 53). (L.N. 251 of 1997; L.N. 313 of 1997)

No. 57

Cap 4A - THE RULES OF THE HIGH COURT 365

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Writ of fieri facias against personal representative

(O. 45 r. 12)

(Heading as in action)

To the bailiff ................................................................. :

Whereas in the above named action it was on the .................. day of ......................... 19 ......... adjudged (or ordered) that the defendant C.D. as executor (or administrator) of E.F. deceased do pay the plaintiff A.B. $ ..................... and $ ......................... costs (or costs to be taxed which costs have been taxed and allowed at $ ..................... as appears by the certificate of the taxing officer dated the ............... day of ........................ 19 ........), the said sums and interest to be levied of the real and personal estate of the said E.F. at the time of his death in the hands of the defendant C.D. as his executor (or administrator) to be administered, if he had or should thereafter have so much thereof in his hands to be administered, (and if he had not, then the said costs to be levied of the goods, chattels and other property of the defendant C.D. authorized by law to be seized in execution):

It is required that of the real and personal estate of E.F. deceased, at the time of his death, which is in the hands of C.D. as his executor (or administrator) to be administered you cause to be made the sums of $ ...................... and $ ..................... for costs of execution and also interest on $ .................................. at the rate of $4 per cent per annum from the ................ day of ................................. 19 ......... until payment (together with bailiff's fees, cost of levying and all other legal incidental expenses) (and if the said C.D. has not so much thereof in his hands to be administered that you cause to be made of the goods, chattels and other property of C.D. authorized by law to be seized in execution the sum of $ ............... for costs) and that immediately after execution of this writ you pay A.B. in pursuance of the said judgment (or order) the amount levied in respect of the said sums and interest.

And it is also required (remainder as in No. 53).

Witness (as in No. 53).

This writ (as in No. 53). (L.N. 251 of 1997; L.N. 313 of 1997)

No. 63

Writ of fieri facias to enforce foreign registered judgment

(O. 45 r. 12; O. 71)

IN THE HIGH COURT OF HONG KONG

In the matter of the Foreign Judgments (Reciprocal Enforcement) Ordinance (Cap 319).

and

In the matter of a judgment of (describe the court) obtained in (describe the cause or matter) and dated the ................... day of ............................... 19 .......

To the bailiff ........................................................... :

Whereas by a judgment dated the ...................... day of .............................. 19 ........ of (describe the court) registered in our High Court, Hong Kong pursuant to the Foreign Judgments (Reciprocal Enforcement) Ordinance it was adjudged that C.D. do pay A.B. ..................................................... dollars (or as may be) and the amount now due

Cap 4A - THE RULES OF THE HIGH COURT 366

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and owing under the said judgment is equivalent to the sum of $ .........................

It is required that of the goods, chattels and other property of C.D. authorized by law to be seized in execution you cause to be made the sums, of $ ..................... and $ ...................... for costs of execution together with bailiff, officers' fees (remainder as in No. 53).

And it is also required (as in No. 53).

Witness (as in No. 53).

This writ (as in No. 53). (L.N. 251 of 1997; L.N. 313 of 1997; 25 of 1998 s. 2)

No. 64

Writ of delivery: delivery of goods, damages and costs

(O. 45 r. 12)

(Heading as in action)

To the bailiff ................................................................. :

Whereas in the above named action it was on the ...................................................... day of ............................. 19........ adjudged (or ordered) that the defendant C.D. do deliver to the plaintiff A.B. the following goods, namely (describe the goods delivery of which has been adjudged or ordered) (and $ ...................................................................... damages) and $ ................................ costs (or costs to be taxed, which costs have been taxed and allowed at $ ......................... as appears by the certificate of the taxing officer dated the ..................... day of ........................... 19 .........):

It is required that you cause the said goods to be delivered to A.B. and that of the goods, chattels and other property of C.D. authorized by law to be seized in execution you cause to be made the sums of $ ........................ and $ ........................ for costs of execution and also interest on $ ............................................... at the rate of $4 per cent per annum from the ..................... day of .................................. 19........ until payment together with bailiff's fees, costs of levying and all other legal incidental expenses and that immediately after execution of this writ you pay A.B. in pursuance of the said judgment (or order) the amount levied in respect of the said sums and interest.

And it is also required that you indorse (remainder as in No. 53).

Witness (as in No. 53).

This writ (as in No. 53). (L.N. 251 of 1997; L.N. 313 of 1997)

No. 65

Writ of delivery: delivery of goods or value, damages, costs

(O. 45 r. 12)

(Heading as in action)

Cap 4A - THE RULES OF THE HIGH COURT 367

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To the bailiff ................................................................. :

Whereas in the above named action it was on the ...................................................... day of .............................. 19 ......... adjudged (or ordered) that the defendant C.D. do deliver to the plaintiff A.B. the following goods, namely (describe the goods delivery of which has been adjudged or ordered) or do pay him $ ........................................................ being the assessed value of the said goods, (and $ ............... damages) and $ ............... costs (or costs to be taxed, which costs have been taxed and allowed at $ ................................ as appears by the certificate of the taxing officer dated the ................... day of ........................ 19 .........).

It is required that you cause the said goods to be delivered to A.B. and that if possession of the said goods cannot be obtained by you you cause to be made of the goods, chattels and other property of C.D. authorized by law to be seized in execution $ ................. the assessed value of the said goods and pay it to A.B.

And it is also required that of the said property of C.D. you cause to be made the sums of $ .................. for (damages and) costs and $ ..................... for costs of execution and also interest on $ .................................................................. at the rate of $4 per cent per annum from the .................. day of ....................................................... 19 ....... until payment together with bailiff's fees, costs of levying and all other legal incidental expenses and that immediately after execution of this writ you pay A.B. in pursuance of the said judgment (or order) the amount levied in respect of the said sums and interest.

And it is also required that you indorse (remainder as in No. 53).

Witness (as in No. 53).

This writ (as in No. 53). (L.N. 251 of 1997; L.N. 313 of 1997)

No. 66

Writ of possession

(O. 45 r. 12)

(Heading as in action)

To the bailiff ................................................................. :

Whereas in the above named action it was on the ...................................................... day of ...................... 19 ......... adjudged (or ordered) that the defendant C.D. do give the plaintiff A.B. possession of (describe the land delivery of which has been adjudged or ordered) and do pay him ($ ...................... and) $ ...................... costs (or costs to be taxed, which costs have been taxed and allowed at $ .................. as appears by the taxing officer's certificate dated the ............ day of ..................... 19 .......):

It is required that you enter the said land and cause A.B. to have possession of it.

And it is also required that of the goods, chattels and other property (remainder as in No. 53).

And it is also required that you indorse (as in No. 53).

Witness (as in No. 53).

This writ (as in No. 53).

Cap 4A - THE RULES OF THE HIGH COURT 368

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(L.N. 251 of 1997; L.N. 313 of 1997)

No. 66A

Writ of Possession

(O. 113 r. 7)

[Heading as in summons]

To the bailiff ................................................................. :

Whereas it was on the ............... day of ..................................................... 19 ........ ordered that the plaintiff A.B. do recover possession of [describe the land recovery of which has been ordered] [and that the defendant C.D. do pay him $ ............................................. costs [or costs to be taxed, which costs have been taxed and allowed at $ ......................... as appears by the taxing master's certificate dated the ............................................. day of ........................ 19 ...........]]:

It is required that you enter the said land and cause A.B. to have possession of it.

[And it is also required that of the goods, chattels and other property [remainder as in No. 53].]

Witness (as in No. 53).

This writ (as in No. 53).

Dated this ............... day of ......................... 19 ........ (L.N. 251 of 1997; L.N. 313 of 1997)

No. 67

Writ of sequestration

(O. 45 r. 12)

(Heading as in cause or matter)

To (names of not less than four commissioners) :

Whereas in the above named action (or matter) in our High Court, Hong Kong it was on the ................ day of .................................................................................................. 19 ................................... adjudged (or ordered) that C.D. should (pay into Court the sum of $ ....................... or as may be):

You are hereby authorized and directed by this writ that you, or any two or three of you, may enter upon and take possession of all the real and personal estate of the said C.D. and may collect, receive and get into your hands the rents and profits of his real estate and all his personal estate and keep the same under sequestration in your hands until the said C.D. shall (pay into Court to the credit of the said action or matter the sum of $................... or as may be) and clear his contempt and the said Court make other order to the contrary.

Witness (as in No. 53).

Cap 4A - THE RULES OF THE HIGH COURT 369

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This writ was issued (as in No. 53). (L.N. 251 of 1997; L.N. 313 of 1997; 25 of 1998 s. 2)

No. 68

Writ of restitution

(O. 46 r. 1)

(Heading as in action)

To the bailiff ................................................................. :

Whereas in the above named action it was on the ..................................................... day of ........................ 19 ......... adjudged (or ordered) that the defendant C.D. do give the plaintiff A.B. possession of (describe the land delivery of which was adjudged or ordered):

And whereas on the ............. day of ......................................................... 19 ....... a writ of possession was issued pursuant to the said judgment (or order) directing you to give possession of the said land to the said A.B., but it appearing to the High Court, Hong Kong that certain other persons have wrongfully taken possession of the said land and the said Court having on the ........................ day of ......................................................... 19 ........ ordered that a writ of restitution should issue in respect of the said land:

It is required that you enter the said land and cause A.B. to have restitution thereof.

And it is also required that you indorse (remainder as in No. 53).

Witness (as in No. 53).

This writ (as in No. 53). (L.N. 251 of 1997; L.N. 313 of 1997; 25 of 1998 s. 2)

No. 69

Writ of assistance

(O. 46 r. 1)

(Heading as in action)

To the present and any future bailiff ........................................................................ :

Whereas by an order dated the .............. day of ........................................... 19 ....... made in an action in the High Court, Hong Kong between A.B., plaintiff, and C.D., defendant, the said C.D. was ordered to give to the said A.B. possession of the goods therein described, namely (describe the goods), but he the said C.D. and other persons have refused to obey the order and keep the possession of the goods in contempt of the said Court:

And whereas by an order made in the said action dated the ........................................ day of ........................................ 19 ........ it was ordered that a writ of assistance should issue to give the said A.B. possession of the said goods:

Cap 4A - THE RULES OF THE HIGH COURT 370

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It is required that you put the said A.B. and his assigns into full peaceable and quiet possession of the said goods and defend and keep him and his assigns in such peaceable and quiet possession, when and as often as any interruption thereof is at any time effected, according to the intent of the said orders. And herein you are not in any wise to fail.

Witness (as in No. 53).

This writ (as in No. 53). (L.N. 165 of 1992; L.N. 251 of 1997; L.N. 313 of 1997; 25 of 1998 s. 2)

No. 71

Notice of renewal of writ of execution

(O. 46 r. 8)

(Heading as in cause or matter)

Take notice that the writ of ....................................... issued in this cause (or matter) directed to the bailiff and bearing date the ...................... day of ........................................ 19 ......... has by order dated the .................. day of .......................................................... 19 ......... been renewed for one year beginning with the date of the said order.

To the bailiff.

(Signed)

Solicitor for ..........................................

No. 72

Garnishee order to show cause

(O. 49 r. 1)

In the High Court of Hong Kong

19 ......., No. ..............

(Mr. Justice ................ Judge in chambers)

Between A.B. Judgment creditor AND C.D. Judgment debtor F.G. Garnishee

Upon reading the affidavit of ................................................ filed the ................ day of ................................................. 19 .......:

It is ordered by (Mr. Justice ...................................... ) that all debts due or accruing due from the above- mentioned garnishee to the above-mentioned judgment debtor (in the sum of $ ........................) be attached to answer a judgment recovered against the said judgment debtor by the above-named judgment creditor in the High Court on

Cap 4A - THE RULES OF THE HIGH COURT 371

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the ............................................ day of ............................................ 19 ......... for the sum (or to answer an order made in the High Court on the .......................... day of ............................................... 19 .......; ordering payment by the said judgment debtor to the above-named judgment creditor of the sum) of $ .................... (debt and $ .................... costs) and interest at the judgment rate calculated from the date on which maintenance payment is due to the date of payment and surcharge at a rate to be decided by the High Court, as referred to in Order 49, rule 2(ba)(i) and (ii) (together with the costs of the garnishee proceedings) on which judgment (or order) the sum of $ ................... remains due and unpaid.

And it is ordered that the said garnishee attend Mr. Justice ..................................... in Chambers, at the High Court, in Hong Kong on the .................................................. day of ................................... 19 ....... at .......... o'clock, on an application by the said judgment creditor that the garnishee do pay to the said judgment creditor the debt due from the said garnishee to the said judgment debtor, or so much thereof as may be sufficient to satisfy the said judgment (or order), and interest at the judgment rate calculated from the date on which maintenance payment is due to the date of payment and surcharge at a rate to be decided by the High Court, as referred to in Order 49, rule 2(ba)(i) and (ii) together with the costs of the garnishee proceedings.

Dated the ............... day of ......................... 19 ........

To the above-named garnishee and judgment debtor.

(L.N. 251 of 1997; L.N. 313 of 1997; 25 of 1998 s. 2; 18 of 2003 s. 15)

No. 73

Garnishee order absolute where garnishee owes more than judgment debt

(O. 49 rr. 1, 4)

(Heading as in No. 72)

Upon hearing the solicitors for the judgment creditor and the garnishee, and upon reading the affidavit of ....................................................................... filed herein, and the order to show cause made herein dated the ................... day of ......................................... 19 ........., whereby it was ordered that all debts due or accruing due from the above-named garnishee to the above-named judgment debtor should be attached to answer a judgment recovered against the said judgment debtor by the above-named judgment creditor in the High Court on the ................ day of ............................... 19 ....... for the sum (or to answer an order made in the High Court dated the ................. day of ............................. 19 ....... ordering payment by the said judgment debtor to the above-named judgment creditor of the sum) of $ ...................... (debt and $ ...................... costs) and interest at the judgment rate calculated from the date on which maintenance payment is due to the date of payment and surcharge at a rate to be decided by the High Court, as referred to in Order 49, rule 2(ba)(i) and (ii) (together with the costs of the garnishee proceedings) on which judgment (or order) the sum of $ ................. remained due and unpaid:

It is ordered that the said garnishee do forthwith pay to the said judgment creditor $ .......... being so much of the debt from the said garnishee to the said judgment debt, $ ........... interest and $ ........... surcharge, as referred to in Order 49, rule 2(ba)(i) and (ii) or as is sufficient to satisfy the said judgment debt and costs, together with $ .................. the costs of the garnishee proceedings, and that the said garnishee be at liberty to retain $ .................. for his costs of this application out of the balance of the debt due from him to the judgment debtor.

Dated the ............... day of ......................... 19 ........ (L.N. 251 of 1997; 25 of 1998 s. 2; 18 of 2003 s. 15)

Cap 4A - THE RULES OF THE HIGH COURT 372

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No. 74

Garnishee order absolute where garnishee owes less than judgment debt

(O. 49 rr. 1, 4)

(Heading as in No. 72)

Upon hearing (as in No. 73).

It is ordered that the said garnishee (after deducting therefrom $ ................................ for his costs of this application) do forthwith pay to the said judgment creditor $ .............. the debt due from the said garnishee to the said judgment debtor and $........... interest and $........... surcharge, as referred to in Order 49, rule 2(ba)(i) and (ii). And that the sum of $ ...................................... the costs or the judgment creditor of this application be added to the judgment debt and be retained out of the money recovered by the said judgment creditor under this order and in priority to the amount of the judgment debt.

Dated the ............... day of ......................... 19 ........ (L.N. 251 of 1997; 18 of 2003 s. 15)

No. 75

Charging order: notice to show cause

(O. 50, r. 1)

(Heading as in cause or matter)

Upon hearing the ....................... and upon reading the affidavit of ................ filed herein the ........... day of ................................. 19 ........ whereby it appears that by a judgment (or order) made in the Court of First Instance on the ............ day of ......................................... 19 ........ the defendant was ordered to pay to the plaintiff the sum of $ .......................................... and $ ............................... costs on which judgment (or order) the sum of $ ............................. remains due and unpaid and that the defendant has a beneficial interest in the asset specified in the schedule hereto:

It is ordered by (Mr. Justice/Master ....................................) that unless sufficient cause to the contrary be shown before (Mr. Justice/Master ................................................ at the High Court of Hong Kong, 38 Queensway, Hong Kong) on the ............. day of .............................. 19 ......., at .............................. o'clock, the defendant's interest in the said asset shall, and it is ordered that in the meantime it do, stand charged with the payment of $ ................................ due on the said judgment (or order) and (interest thereon at the statutory rate) (interest at the judgment rate calculated from the date on which maintenance payment is due to the date of payment and surcharge at a rate to be decided by the Court, as referred to in Order 50, rule 1(3)(ba)(i) and (ii)) together with the costs of this application.

Dated the ............... day of ......................... 19 ........

SCHEDULE

(Describe with full particulars the relevant land, securities, funds or trust, stating, in relation to securities, their full title, the amount of them and the name in which they stand and whether the beneficial interest charged is in the securities only or in dividends or interest as well, and stating, in relation to funds in court, the number of the account).

(L.N. 251 of 1997; 25 of 1998 s. 2; 18 of 2003 s. 15)

Cap 4A - THE RULES OF THE HIGH COURT 373

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No. 76

Charging order absolute

(O. 50, r. 3)

(Heading as in cause or matter)

Upon hearing the ................. and upon reading the affidavits of ................................. and ................. filed herein the ............ day of ................................................... 19 ......... and the order to show cause made herein on the ............. day of .................... 19 .........:

It is ordered that the interest of the defendant C.D. in the asset specified in the schedule hereto stand charged with the payment of $ ........................., the amount due from the defendant to the plaintiff A.B. on a judgment (or order) of the Court of First Instance dated the .............. day of ...................... 19 ........., and (interest thereon at the statutory rate) ($........... interest and $........... surcharge, as referred to in Order 50, rule 1(3)(ba)(i) and (ii)) together with $ ................. the costs of this application, the said costs to be added to the judgment debt.

Dated the ............... day of ......................... 19 ........

SCHEDULE

STOP NOTICE

To the (describe the person having custody of the security)

Take notice that, in relation to the securities specified in the schedule to this order, you may not, without notice to (name of the plaintiff) at (his address for service) register any transfer, or make any redemption payment, or, in the case of a unit trust, deal with the units, or, where dividends or interest are included in the order, pay any dividend or interest.

SCHEDULE (L.N. 251 of 1997; 25 of 1998 s. 2; 18 of 2003 s. 15)

No. 77 (Repealed L.N. 356 of 1988)

No. 78 (Repealed L.N. 356 of 1988)

No. 79

Stop order on capital and income of funds in court

Cap 4A - THE RULES OF THE HIGH COURT 374

--------------------

(O. 50 r. 10)

(Heading as in cause or matter)

Upon hearing ..................................... for the plaintiff A.B. and .......................... for the defendant C.D. and upon reading the affidavit of ........................................ filed herein the ............ day of ..................... 19 .....:

It is ordered that no part of the capital of (describe funds) in court to the credit of this action (or matter) (state title of action or matter), the account of C.D., and of the sum of $ ................. cash (being income) in court to the same credit, and of any interest or dividends to accrue due on the said funds in court, to which the said C.D. is (or may become) entitled, be transferred, sold, paid or otherwise dealt with without notice to the said A.B.

Dated the ............... day of ......................... 19 ........ (L.N. 251 of 1997)

No. 80

Affidavit and notice under O. 50 r. 11

(O. 50 r. 11)

IN THE HIGH COURT OF HONG KONG

In the matter of (state the settlement or other document under which the deponent's interest arises giving the date and other particulars sufficient to identify the document).

and

In the matter of Order 50, rule 11, of the Rules of the High Court.

I, A.B. (or C.D. the solicitor of A.B.) of ............................................. make oath and say that according to the best of my knowledge, information and belief I am (or the said A.B. is) beneficially entitled under the above- mentioned settlement (or as may be) to an interest in the securities specified in the notice hereto annexed.

Sworn, etc. ......................

This affidavit is filed on behalf of A.B. whose address is ............................................

Notice to be annexed to affidavit

To .................................. Co. Ltd.

Take notice that the securities comprised in and subject to the trusts of the settlement (or as may be) referred to in the affidavit to which this notice is annexed consist of the following, namely (specify the stock, shares, etc. stating the names in which it stands).

This notice is intended to stop the transfer of the said securities and not the payment of any dividend thereof or interest thereon (or and also the payment of any dividend thereof or interest thereon).

(Signed) A.B. (or C.D. if affidavit sworn by him)

Cap 4A - THE RULES OF THE HIGH COURT 375

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(25 of 1998 s. 2)

No. 81

Order on originating summons restraining transfer of stock, etc.

(O. 50 r. 15)

In the High Court of the Hong Kong Special Administrative Region

20 ......., No. ..............

In the matter of the trusts of

...............................................................

and

In the matter of Order 50, rule 15, of the Rules of the High Court.

Upon the hearing of the originating summons for an injunction this day made unto this Court by counsel for the applicant A.B.:

And the applicant by his counsel undertaking to abide by any order the Court may hereafter make should it decide that the respondents (the ................................................... ................... Co. Ltd.) have sustained damage by reason of this order and are entitled to damages which the applicant ought to pay:

It is ordered that (the ............................................. Co. Ltd.) be restrained until the .................. day of .......................................................... 20 ........ or further order from permitting the transfer of (describe stock) standing in the name of (state name of holder of stock) in their books, or any part thereof, and from paying any dividend or interest due or to become due thereon.

Dated the ............... day of ......................... 20 ........ (L.N. 251 of 1997; 25 of 1998 s. 2; L.N. 152 of 2008)

No. 82

Summons for appointment of receiver

(O. 51 r. 3)

(Heading as in action)

Let the defendant C.D. attend the (Judge in chambers, at the High Court in Hong Kong) on ................................................................................................................... the ............ day of .............................. 19 ........ at .............. o'clock on the hearing of an application on the part of the plaintiff for an order that a receiver be appointed (or that P.R. be appointed receiver) in this action to receive the rents, profits and moneys receivable in respect of the interest of the defendant C.D. in the following property, namely (describe the property) in or towards satisfaction of the moneys and interest due to the plaintiff under the judgment (or order) in this action dated the ............... day of ............................. 19 ........ and for an order as to the costs of this application.

Cap 4A - THE RULES OF THE HIGH COURT 376

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Dated the ............... day of ......................... 19 ........

This summons was taken out by ...................... of ......................

To the above-named ......................... (and his solicitor). (L.N. 251 of 1997; L.N. 313 of 1997; 25 of 1998 s. 2)

No. 83

Order directing summons for appointment of receiver and granting injunction meanwhile

(O. 51 r. 3)

(Heading as in action)

Upon reading the affidavit of ....................................... filed the ........................... day of ...................... 19 .......:

Let the defendant C.D. attend the (Judge in chambers, at the High Court in Hong Kong) on the ................... day of .......................................... 19 ........... at ........... o'clock on the hearing of an application on the part of the plaintiff for the appointment of P.R. as receiver in this action, on the usual terms, to receive the rents, profits and moneys receivable in respect of the said defendant's interest in the following property, namely (describe the property) in or towards satisfaction of the sum of $ .................. debt and $ ................. costs, and interest on the said sums at the rate of $4 per cent per annum from the ......................................... day of ....................... 19 ....... due under the judgment (or order) in this action dated the .......... day of ....................... 19 .......

And the plaintiff (by his solicitor) hereby undertaking to abide by any order the Court may hereafter make should it decide that the said defendant has sustained damage by reason of this order and is entitled to damages which the plaintiff ought to pay, it is ordered that the said defendant by himself, his agents or servants, or otherwise, be restrained, and an injunction is hereby granted restraining him, until after the hearing of the above application, from assigning, charging or otherwise dealing with the said property.

Dated the ............... day of ......................... 19 ........ (L.N. 251 of 1997; L.N. 313 of 1997; 25 of 1998 s. 2)

No. 84

Order appointing receiver by way of equitable execution

(O. 51 r. 1)

(Heading as in action)

Upon hearing .......................................................... and upon reading the affidavit of ............................................. filed the ......................... day of .................... 19 ........:

(If security ordered) It is ordered that P.R. of ............................................... on first giving security to the satisfaction of the Court, be and is hereby appointed to receive the rents, profits and moneys receivable in respect of the above-named defendant's interest in the following property, namely (describe the property).

Cap 4A - THE RULES OF THE HIGH COURT 377

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(If no security ordered and receiver is not the plaintiff) The plaintiff being answerable for the acts and defaults of the receiver, it is ordered that P.R. of ................................... be and is hereby appointed to receive (continue as above) but he shall not receive more than the amount of the judgment debt and allowed costs of obtaining this order without leave of the Court or first giving (at the plaintiff's cost unless otherwise ordered) the usual security to the satisfaction of the Court.

(If no security ordered and receiver is the plaintiff: as above omitting "The plaintiff being answerable for the acts and defaults of the receiver" and the words after "the Court").

(In all cases continue as follows:-)

That this appointment shall be without prejudice to the rights of any prior incumbrances upon the said property who may think proper to take possession of or receive the same by virtue of their respective securities or, if any prior incumbrances is in possession, then without prejudice to such possession.

And that the tenants of premises comprised in the said property do attorn and pay their rents in arrear and growing rents to the receiver.

And that the receiver have liberty, if he shall think proper (but not otherwise), out of the rents, profits and moneys to be received by him to keep down the interest upon the prior incumbrances, according to their priorities, and be allowed such payments, if any, in passing his accounts.

And that the receiver shall on the ................... day of ............................. (3 months after the date of order), and at such further and other times as may be ordered by the Court leave and pass his accounts, and shall on the ............................................................... day of .................................. (4 months after the date of order) and at such further and other times as may be hereafter ordered by the Court pay the balance or balances appearing due on the accounts so left, or such part thereof as shall be certified as proper to be so paid, such sums to be paid in or towards satisfaction of what shall for the time being be due in respect of the judgment signed on the .................... day of .................................... for the sum of $ ................ debt and $ ............... costs, making together the sum of $ ................

And that the costs of the receiver (including his remuneration), the costs of obtaining his appointment, of completing his security (if any), of passing his accounts and of obtaining his discharge shall not exceed ten per cent of the amount due under the said judgment or the amount recovered by the receiver, whichever is the less, provided that not less than ................... be allowed unless otherwise ordered. Such costs shall be taxed unless assessed by the Court and shall be primarily payable out of the sums received by the receiver, but if there shall be no sums received or the amount shall be insufficient, then upon the certificate of the Court being given stating the amount of the deficiency, such certificate to be given after passing the final account, the amount of the deficiency so certified shall be paid by the defendant to the plaintiff.

It is also ordered that the balance (if any) remaining in the hands of the receiver, after making the several payments aforesaid, shall unless otherwise directed by the Court forthwith be paid by the receiver into Court to the credit of this action, subject to further order.

And that any of the parties be at liberty to apply to the Judge in chambers as there may be occasion.

Dated the ............... day of ......................... 19 ........ (L.N. 251 of 1997)

No. 85

Order of committal

Cap 4A - THE RULES OF THE HIGH COURT 378

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(O. 52 r. 1)

(Heading as in action)

Upon hearing the originating summons dated the ................... day of ....................... 20 ........ taken out by the solicitor for the plaintiff/plaintiff and upon reading (an affidavit of ................................................ filed the ............................. day of ....................... 20 ...... of service on the defendant C.D. of a copy of the order of the Court dated the ................ day of .................................... 20 ...... and of notice of hearing of this originating summons):

And it appearing to the satisfaction of the Court that the defendant C.D. has been guilty of contempt of court in (state the contempt):

It is ordered that for his said contempt the defendant do stand committed to ........................ Prison to be there imprisoned (until further order).

(It is further ordered that this order shall not be executed if the defendant C.D. complies with the following terms, namely, ........................................................................ .....................................................................................................................................).

Dated the ............... day of ......................... 20 ........ (L.N. 251 of 1997; L.N. 152 of 2008)

No. 85A

Warrant for committal

(O. 52 r. 1)

IN THE HIGH COURT OF HONG KONG

COURT OF FIRST INSTANCE

Between A.B. Plaintiff AND C.D. Defendant

To: The Chief Bailiff and his assistants and the Commissioner of Correctional Services.

WHEREAS by an order of this Court pronounced this day it was ordered that the above-named [here insert name of defendant], do stand committed to Prison for his/her contempt in the said order mentioned.

You are required to apprehend the said [here insert name of defendant], and him/her safely convey to Prison there to be detained and kept in safe custody until such time as the said Order granted by the Honourable Mr. Justice ........................................... on the ................... day of ........................ 19 ....... shall have been complied with and obeyed or until such time as the said [here insert name of defendant] may be discharged by the Court on his/her application.

Dated the ............... day of ......................... 19 ........

.............................................................. A Judge of the Court of First Instance

Cap 4A - THE RULES OF THE HIGH COURT 379

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(L.N. 251 of 1997; L.N. 313 of 1997; 25 of 1998 s. 2)

No. 86

Notice of application for leave to apply for judicial review

(O. 53 r. 3(2))

No. ............

IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

Applicant

Notice of application for leave to apply for judicial review (O. 53 r. 3(2))

This form must be read together with notes for guidance obtainable from the Registry. To the Registrar, High Court, Hong Kong. Name, description and address of applicant Name and description of proposed respondent Judgment, order, decision or other proceeding in respect of which relief is sought

Relief sought

Name, description and address of all interested parties (if any) known to the applicant Name and address of applicant's solicitors, or, if no solicitors acting, the address for service of the applicant Signed Dated

Grounds on which relief is sought (if there has been any delay, include reasons here).

Note:-Grounds must be supported by an affidavit which verifies the facts relied on. (L.N. 152 of 2008)

No. 86A

Originating summons-judicial review

(O. 53 r. 5)

Cap 4A - THE RULES OF THE HIGH COURT 380

................ / 20 ..........

IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST

NO. ............... OF .................

Between A.B. Applicant

AND

C.D. Respondent

Pursuant to the leave granted by the Honourable ........................ on ......................... , let all parties concerned appear before the Honourable .......................................... on the .............. day of ................... 20......... at ......... o'clock, on the hearing of an application by A.B. for an order that (or for the following relief, namely): ............................................................................................................................................................... ............................................................................................................................................................... ............................................................................................................................................................. .

TAKE NOTICE that an order will also be sought that the costs of and incidental to this application be paid by ............................................................................. .

THE GROUNDS FOR THE APPLICATION are those set out in Form No. 86 used on the application for leave to apply for such order (or the grounds for the application, for which leave had been granted, are as follows: .................................................................................................................................................................. ................................................................................................................................................................).

FURTHER TAKE NOTICE that on the hearing of this application, the applicant will use the following affidavit(s) and the exhibits therein referred to: ............................................................................................................................................................... ............................................................................................................................................................. .

Dated the .......................... day of .......................... 20............

................................................................................. Solicitor for the applicant (or where the applicant

acts in person, name of the applicant)

This summons was taken out by ....................., solicitor for the applicant whose address is at ................................................................................................................................................................................(or where the plaintiff acts in person:

This summons was taken out by the applicant whose address for service is at.....................................................................................................................................................). To: ............................................................................................................................................................

............................................................................................................................................................ (Name and address of the respondent or the solicitor for the respondent, and if applicable, name and address of the interested party or other party as directed by the Court)

Cap 4A - THE RULES OF THE HIGH COURT 381

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(L.N. 152 of 2008)

No. 87

Originating summons-for writ of habeas corpus ad subjiciendum

(O. 54 r. 2)

................ / 20 ...........

IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST

NO. ............... OF .................

Between A.B. Applicant

AND

C.D. Respondent

Pursuant to the direction given by the Honourable .............................. on ...................., let all parties concerned appear before the Honourable ....................................... on the ........... day of ................. 20......... at ......... o'clock, on the hearing of an application by A.B. for an order that a writ of habeas corpus be issued directed to ............................................................. to have A.B. brought before the Honourable ............................ at such time as the judge ............................ may direct.

TAKE NOTICE that an order will also be sought that the costs of and incidental to this application be paid by ................................................................................................................ .

THE GROUNDS FOR THE APPLICATION are those set out in the affidavits of A.B. and ............................................................ and the exhibits therein respectively referred to used on the application to the ............................................................................... for such order, copies of which affidavits and exhibits are served herewith.

FURTHER TAKE NOTICE that on the hearing of this application, the applicant will use the following affidavit(s) and the exhibits therein referred to: ................................................................................................................................................................ .............................................................................................................................................................. .

Dated the .......................... day of .......................... 20............

............................................................................... Solicitor for the applicant (or where the applicant

acts in person, name of the applicant)

This summons was taken out by ...................., solicitor for the applicant whose address is at ............................................................................................................................................................................ (or

Cap 4A - THE RULES OF THE HIGH COURT 382

--------------------

where the plaintiff acts in person: This summons was taken out by the applicant whose address for service is

at..............................................................................................................................................................). To: ..........................................................................................................................................................

.......................................................................................................................................................... (Name and address of the respondent or the solicitor for the respondent, and if applicable, name and address of the other party as directed by the Court)

(L.N. 152 of 2008)

No. 88

Notice directed by Court of adjourned application for writ of habeas corpus

(O. 54 r. 2)

(Heading as in No. 87)

Take notice that an application for the above writ was made to the ............................. in the above matter on the ................. day of ................................ 19 ......... when the said application was adjourned so that notice could be given to you.

Notice is hereby given to you that the said application will be made to the ................... on .......................... the ..................... day of ..................... 19 ......... at .............. o'clock.

(Signed) ..............................................................

of ......................................................

Solicitor for .........................................................

To ..........................................................

No. 89

Writ of habeas corpus ad subjiciendum

(O. 54 r. 10)

To ....................................................... :

It is required that you have in our High Court at the High Court in Hong Kong, on the day at the time specified in the notice served with this writ, A.B. being taken and detained under your custody as is said, together with the day and cause of his being taken and detained, by whatsoever name he may be called therein, that Our Court may then and there examine and determine whether such cause is legal, and have you there then this writ.

Witness ................................................................... Chief Justice of Hong Kong the .................... day of ........................ 19 ..........

Indorsement

Cap 4A - THE RULES OF THE HIGH COURT 383

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By order of (Mr. Justice .........................................................................................)

This writ was issued by ................. of .................................................... solicitor for ....................... (L.N. 313 of 1997; 25 of 1998 s. 2)

No. 90

Notice to be served with writ of habeas corpus ad subjiciendum

(O. 54 r. 6)

IN THE HIGH COURT OF HONG KONG

COURT OF FIRST INSTANCE

(If in a cause already begun, here insert the title, not otherwise)

The Honourable Mr. Justice ............................................................................... has granted a writ of habeas corpus directed to ................................................... (or other person having the custody of ................................................... if so) requiring him to have A.B. before a judge at the High Court in Hong Kong on the day and at the time specified in the notice together with the day and cause of his being taken and detained.

Take notice that you are required by the said writ to have the said A.B. before the Honourable Mr. Justice ....................................... on .............. the ................ day of ..................... 19 ......... at .............. o'clock and to make a return to the said writ. In default thereof the said Court will then, or so soon thereafter as counsel can be heard, be moved to commit you to prison for your contempt in not obeying the said writ.

Dated the ............... day of ......................... 19 ........

(Signed) ..............................................................

of ......................................................

Solicitor for .........................................................

To .......................................................... (L.N. 313 of 1997; 25 of 1998 s. 2)

Nos. 91 and 92

(Repealed 95 of 1997 s. 7)

No. 93

Notice of sanctioned payment (Order 62A)

Cap 4A - THE RULES OF THE HIGH COURT 384

_______________________________________________________________________________

--------------------

______________________________________________________________________________

(O. 62A r. 8(2))

(Heading as in action)

To the receiving party('s solicitor)

Take notice that the paying party _________________ has paid $ ____________ (a further amount of $ _____________) into court in settlement of- (tick as appropriate)

□ the whole of your costs including the costs of taxation (for the bill dated ________________________) □ part of your costs (give details below) □ It is in addition to the amount of $ ________________ already paid into court on _________________ and

the total amount in court now offered in settlement of your costs is $ _____________________ (give total of all payments in court to date)

□ It is not inclusive of interest and an additional amount of $ ___________________ is offered for interest (give details of the rate(s) and period(s) for which the amount of interest is offered)

□ It takes into account the interim payment(s) of costs made in the following amount(s) on the following date(s): (give details)

□ It takes into account the following sum(s) of money that has (have) been paid into court as security for the costs of the action, cause or matter: (give details)

Signed Paying party('s solicitor)

Position or office held (If signing on behalf of a firm, company or corporation)

Date With company chop (if applicable)

Note: To the receiving party

If you wish to accept the payment made into court and the Court's leave for acceptance is not required, you should complete Form No. 93B and file it in the Registry of the High Court, and send a copy to the paying party.

(L.N. 152 of 2008)

No. 93A

Notice of acceptance of sanctioned payment (Order 62A)

(O. 62A r. 13(4))

(Heading as in action)

To the paying party('s solicitor)

Take notice that the receiving party accepts the payment(s) into court totalling $________________ in settlement of (the whole of)(part of) the receiving party's costs as set out in the notice of sanctioned payment received on _________________ (and abandons the other part(s) of the costs).

Cap 4A - THE RULES OF THE HIGH COURT 385

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Signed Position or office held (If signing on behalf of a firm,

Receiving party('s solicitor) company or corporation)

Date With company chop (if applicable)

(L.N. 152 of 2008)

No. 93B

Notice of request for payment (Order 62A)

(O. 62A r. 15)

(Heading as in action)

On ____________________ I accepted the payment(s) into court totalling $ __________________ in settlement of (the whole of)(part of) my costs as set out in the notice of sanctioned payment received on _________________________.

I declare that: □ the sanctioned payment has been accepted [within 14 days][after 14 days but liability for and quantum of

costs incurred after the 14-day period have been agreed]* □ the offeree is not a person under disability □ [at no time has the offeree been on legal aid in these proceedings][the offeree has been on legal aid]* □ there is no pending application to withdraw or diminish the sanctioned payment □ [there is only one paying party][the sanctioned payment is made by all paying parties][I have discontinued

the proceedings for taxation against those paying parties who have not made the payment and they have given written consent to the acceptance of the sanctioned payment]* (If any of the above declarations has not been made, the money in court can only be paid out by order of the Court)

□ a copy of this notice has been served on the paying party('s solicitor) named below and I request payment of this money held in court to be made to:

Receiving party or solicitor's full name

Address and telephone number

Signature Note: Before signing this form please read the notes for guidance overleaf. Incorrectly signed forms

may be returned unactioned.

DETAILS OF RECEIVING PARTY'S SOLICITOR

Cap 4A - THE RULES OF THE HIGH COURT 386

Paying party or solicitor's full name/Director of Legal Aid*

Address and telephone number

Signature Note: The receiving party('s solicitor) should obtain the signature of the paying party('s solicitor) on

the box below before serving a copy of this notice on him.

DETAILS OF PAYING PARTY'S SOLICITOR

* Delete as appropriate

Notes for guidance on completion of Form No. 93B

‧

When completing this form, please ensure that you tick all of the boxes under the heading: 'I declare that'. If you do not tick all of the boxes, the Registry of the High Court will not be able to process your request for payment and will have to return the form to you. The form should be signed either by the receiving party or his solicitor. The Accounts Office of the High Court will only issue payment upon receipt of a properly completed Form No. 93B with an original signature. Faxed copies of the form and photocopies of signatures will not be accepted. A director of a company must obtain leave to represent the company from a Practice Master before he may sign on behalf of the company.

(L.N. 152 of 2008)

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No. 94

Order for production of documents in marine insurance action

(O. 72 r. 10)

Cap 4A - THE RULES OF THE HIGH COURT 387

--------------------

(Heading as in action)

Upon hearing ................ (and upon reading the affidavit of ........................................ filed the ............. day of ..................... 19 .......):

It is ordered that the plaintiff and all other persons interested in this action, and in the insurance the subject of this action, do produce and show to the defendant, his solicitors or agents on oath (or by oath of their proper officer) all insurance slips, policies, letters of instruction or other orders for effecting such slips or policies, or relating to the insurance or the subject-matter of the insurance on the ship ................................................................... ...................................., or the cargo on board thereof, or the freight thereby, and also all documents relating to the sailing or alleged loss of the said ship, cargo or freight, and all correspondence with any person relating in any manner to the effecting of the insurance on the said ship, cargo or freight, or any other insurance whatsoever effected on the said ship, cargo or freight, on the voyage insured by the policy sued on in this action, or any other policy whatsoever effected on the said ship, or the cargo on board thereof, or the freight thereby on the same voyage. Also all correspondence between the captain or agent of the ship and any other person with the owner or any person before the commencement of or during the voyage on which the alleged loss happened. Also all books and documents, whatever their nature and whether originals, duplicates or copies, which in any way relate or refer to any matter in question in this action and which are now in the custody, possession or power of the plaintiff or any other person on his behalf, his or their, or any of their brokers, solicitors or agents, with liberty for the defendant, his solicitors or agents to inspect and take copies of, or extracts from, any of those books or documents. And that in the like manner the plaintiff and every other person interested as aforesaid do account for all other books and documents relating or referring to any matter in question in this action which were once but are not now in his custody, possession and power.

And that (in the meantime all further proceedings be stayed and that) the costs of and occasioned by this application be costs in the action.

Dated the ............... day of ......................... 19 ........

No. 95

Certificate of order against the Government

(O. 77 r. 15(3))

(Heading as in cause or matter)

By a judgment (or order) of this Court dated the ................. day of .......................... 19 ......... it was adjudged (or ordered) that (give particulars of the judgment or order).

I hereby certify that the amount payable to .......................... by ............................... in pursuance of the said judgment (or order) is $ ..................................... (together with interest thereon at the rate of $ ................................... per cent per annum until payment and together with costs which have been taxed and certified by the taxing officer at $ ................................. Interest is payable on the said costs at the rate of $ .......................... per cent per annum from the ................ day of ..................................... 19 ....... until payment).

(This certificate does not include the amount payable under the said judgment or order in respect of costs).

Dated the ............... day of ......................... 19 ........

(Signed) ..............................................................

(Note:-The final paragraph is to be included where a separate certificate with respect to costs has been directed to be issued).

Cap 4A - THE RULES OF THE HIGH COURT 388

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(L.N. 313 of 1997)

No. 96

Certificate of order for costs against the Government

(O. 77 r. 15)

(Heading as in cause or matter)

By a judgment (or order of this Court dated the ............................................. day of .................... 19 ........ it was adjudged (or ordered) that (give particulars of the judgment or order).

I hereby certify that the costs payable to .............................................. by ............... in pursuance of the said judgment (or order) have been taxed and certified by the taxing officer at $ .................................................................................. (and interest is payable thereon at the rate of $ ............ per cent per annum from the ................................. day of .................. 19 ....... until payment).

Dated the ............... day of ......................... 19 ........

(Signed) .............................................................. (L.N. 313 of 1997)

No. 99

Order of Court of Appeal to admit prisoner to bail

(O. 59 r. 20)

IN THE COURT OF APPEAL

On appeal from the ......................................... court

Dated the ............... day of ......................... 19 ........ .

Whereas on the ............... day of ....................................................... 19 ....... A.B. was ordered by (description of court) to be imprisoned for ............................................. for contempt of court and the said A.B. has appealed to this Honourable Court against the said order:-

And whereas the said A.B. has applied to this Honourable Court to be admitted to bail:

Upon reading the notice of motion on behalf of the said A.B. and upon hearing Mr. ........... of counsel for the said A.B.

It is ordered that upon the said A.B. giving security (by his own recognizance) in the sum of $ ................................................................ with (two) sufficient sureties in the sum of $ ................................................................. each before the Registrar for the personal appearance of the said A.B. before the ......................................... court within ten days after the judgment of this Honourable Court on his said appeal shall have been given unless the order of the said court is reversed by that judgment, he, the said A.B. be discharged out of the custody of the Commissioner for Correctional Services ...................................... in respect of his commitment as aforesaid.

Cap 4A - THE RULES OF THE HIGH COURT 389

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By the Court (47 of 1997 s. 10; L.N. 39 of 1999)

No. 100

Notice of payment into court in connection with arbitration proceedings

(O. 73 r. 11)

In the matter of arbitration proceedings commenced between A.B. ............................................................. 1st party

C.D. .............................................................. 2nd party E.F. ............................................................... 3rd party

etc.

Take notice that- The .............. party ................ has paid $ ......................................................... into court. The said $ ................................................... is in satisfaction of (the matter in dispute) (All the matters in dispute) in respect of which the ........................................................... party claims (and after taking into account and satisfying the above- named party's claim for ....................................................................... in respect of which he counterclaims).

The said $ ........................................................ is in satisfaction of the following matters in dispute in respect of which the ....................................................................... party claims (and after taking into account as above).

Of the said $ ...........................; $ ......................... is in satisfaction of the following matter in dispute in respect of which the .............................................................................. party claims (and after taking into account as above) and $ .................................................. is in satisfaction of the following matter in dispute in respect of which the ................................. party claim (and after taking into account as above).

Dated the ............... day of ......................... 19 ........

No. 101

Notice of acceptance of money paid into court in connection with arbitration proceedings

(O. 73 r. 11)

In the matter of arbitration proceedings commenced between A.B. ............................................................. 1st party

C.D. .............................................................. 2nd party E.F. ............................................................... 3rd party

Take notice that the ....................... party ................................... accepts the sum of $ ....................................................... paid in by the ........................................................ party in satisfaction of the matter(s) in dispute in respect of which it was paid in and in respect of which the ................................... party claims

Cap 4A - THE RULES OF THE HIGH COURT 390

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(against that party) (and abandons his claim(s) against that party in respect of the other matter(s) in dispute in the arbitration proceedings).

Dated the ............... day of ......................... 19 ........

No. 102

Order of issue of warrant of arrest for examination

(O. 49B r. 1)

IN THE HIGH COURT OF HONG KONG

COURT OF FIRST INSTANCE

Between A.B. Judgment Creditor AND C.D. Judgment Debtor

Upon the application of the Judgment Creditor A.B. and upon hearing the solicitor for the said Judgment Creditor, and upon reading the affidavit of ..................... filed the ............ day of .................... 19 ......... :

It is ordered that a warrant do issue to the bailiff enjoining him to arrest the Judgment Debtor C.D. and to bring him before the Court before the expiry of the day after the day of arrest for examination; and it is further ordered that the bailiff be authorized to release the Judgment Debtor-

1. upon payment to him of the sum of $ ..................................., being the amount of the judgment debt, together with the sum of $ ..................................................... for costs of this action and such costs as may be due for the obtaining and execution of this warrant;

2. upon payment to him of the sum of $ ............................................. as security or the provision of bail in that sum by a surety or sureties;

3. upon the surrender to him of the judgment debtor's travel documents.

[Delete, amend or substitute conditions in accordance with the order of the Court.]

Dated the ............... day of ......................... 19 ........

NOTE: The Judgment Debtor may apply to the Court to discharge this order. (L.N. 251 of 1997; 25 of 1998 s. 2)

No. 103

Order of imprisonment pending further examination

(O. 49B r. 1A)

IN THE HIGH COURT OF HONG KONG

COURT OF FIRST INSTANCE

Cap 4A - THE RULES OF THE HIGH COURT 391

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Between A.B. Judgment Creditor AND C.D. Judgment Debtor

Whereas the examination being conducted under Order 49B rule 1A has been adjourned until ............. day of ....................... 19 ......... :

It is ordered that a warrant do issue to the bailiff enjoining him to deliver the Judgment Debtor into the custody of the Commissioner of Correctional Services to be kept in a prison as a prisoner for debt until the ........................ day of ........................ 19 ........ and then to bring the Judgment Debtor before the Court for further examination. The Court has fixed the support and maintenance allowance at the rate of $ .................. a day.

It is further ordered that the bailiff be authorized to release the Judgment Debtor-

1. upon payment to him of the sum of $ ..................................., being the amount of the judgment debt, together with the sum of $ ........................................ for costs of this action and such costs as may be due for the obtaining and execution of this warrant;

2. upon payment to him of the sum of $ ............................... as security or the provision of bail in that sum by a surety or sureties.

[Delete, amend or substitute conditions in accordance with the order of the Court.]

Dated the ............... day of ......................... 19 ........

NOTE: The Judgment Debtor may apply to the Court to discharge this order. (L.N. 251 of 1997; 25 of 1998 s. 2)

No. 104

Order for imprisonment for debt

(O. 49B r. 1B)

IN THE HIGH COURT OF HONG KONG

COURT OF FIRST INSTANCE

Between A.B. Judgment Creditor AND C.D. Judgment Debtor

[Following examination of the Judgment Debtor under Order 49B rule 1A and upon the Court being satisfied as required by Order 49B rule 1B:] or [Upon the Court being satisfied that the Judgment Debtor has failed to comply with an order made under Order 49B rule 1B(3):]

It is ordered that the bailiff do take the Judgment Debtor and deliver him into the custody of the Commissioner of Correctional Services to be kept in prison as a prisoner for debt for a period of ............................................... unless he shall be sooner discharged in due course of law.

The Court has fixed the support and maintenance allowance at the rate of $ ............... a day.

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Dated the ............... day of ......................... 19 ........ (L.N. 251 of 1997; 25 of 1998 s. 2)

No. 105

Application for order for imprisonment in default of payment

(O. 49B r. 1B)

IN THE HIGH COURT OF HONG KONG

COURT OF FIRST INSTANCE

Between A.B. AND C.D.

Judgment Creditor

Judgment Debtor

TAKE NOTICE that the Judgment Creditor will apply to the Court on ........................ day of ......................... 19 ........ for an order for the imprisonment of the Judgment Debtor on the ground that the Judgment Debtor has failed to make payment of the sum of $ ............................ as ordered by the Court on .............. day of ..................... 19 .......

Dated the ............... day of ......................... 19 ........ (L.N. 251 of 1997; 25 of 1998 s. 2)

No. 106

Order prohibiting departure from Hong Kong

(O. 44A r. 3)

IN THE HIGH COURT OF HONG KONG

COURT OF FIRST INSTANCE

Between A.B. Judgment Creditor/ Plaintiff/Claimant

AND C.D. Judgment Debtor/

Defendant/Person against whom claim is made

Upon the application of A.B. and upon hearing the solicitor for A.B., and upon reading the affidavit of ...................... filed the ........... day of ......................................... 19........ :

It is ordered that C.D. is prohibited from leaving Hong Kong.

This order shall lapse after the expiry of one month (unless extended or renewed) and shall have no effect if-

1. C.D. makes payment of the sum of $ ......................................, being the amount claimed by A.B., [together with the sum of $ .............................. for costs of this action] and such costs as may be due for the obtaining

Cap 4A - THE RULES OF THE HIGH COURT 393

--------------------

and execution of this order;

2. C.D. makes payment of the sum of $ ..................................... as security or provides bail in that sum by a surety or sureties.

[Delete, amend or substitute conditions in accordance with the order of the Court.]

Dated the ............... day of ......................... 19 ........

NOTE: C.D. may apply to the Court to discharge this order. (L.N. 251 of 1997; 25 of 1998 s. 2)

No. 107

(Repealed L.N. 152 of 2008)

No. 108

Order for continued detention of seized property

(O. 115 r. 25)

IN THE HIGH COURT OF HONG KONG

COURT OF FIRST INSTANCE

IN THE MATTER OF THE DRUG TRAFFICKING (RECOVERY OF PROCEEDS) ORDINANCE (CAP 405)

BETWEEN [ ] Applicant and

[ ] Respondent

BEFORE THE HONOURABLE MR. JUSTICE ...................... IN CHAMBERS

ORDER

UPON the application of [A.B.]

AND UPON HEARING [the said A.B.]

AND UPON READING the affidavit of [A.B.] made on ..........................................

Cap 4A - THE RULES OF THE HIGH COURT 394

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IT IS ORDERED THAT the sum of $ ......................................... seized from [C.D.] of ................................................................................. (or, from person or persons unknown) at ................................................................................. Hong Kong on ........................-day, the ................... day of .................................... at ............... o'clock Hong Kong time by [E.F.] of the .............................................. be further detained for a period of ........................ days from the date hereof or until further order of this Court.

Dated the ............... day of ............... 19 ...............

Registrar.

Important Notice: (1) A party affected by this order may apply to the Court for its discharge. (2) The applicant may apply for an order for the further detention of this money. (3) Persons affected by this order will be notified in accordance with the Rules of the Court, or as directed by the

Court, of any application made for the release of this money. (L.N. 296 of 1996; 25 of 1998 s. 2)

No. 109

(Repealed L.N. 152 of 2008) (Enacted 1988)

Appendix: B SPECIAL ADMIRALTY FORMS L.N. 313 of 1997; 25 of 1998

01/07/1997

Remarks: Adaptation amendments retroactively made - see 25 of 1998 s. 2

No. 1

Writ of summons in action in rem

(O. 75 r. 3)

[Hong Kong Coat of Arms]

19 ......, Folio No. ...............

IN THE HIGH COURT OF HONG KONG

COURT OF FIRST INSTANCE

Admiralty action in rem against:

[The ship "X" or as may be describing the property against which the action is brought]

Between [The owners of the ship "A" or as may Plaintiffs be describing the plaintiffs]

[or name]

and

Cap 4A - THE RULES OF THE HIGH COURT 395

[The owners of the ship "X" or as may Defendants be describing the property against which the action is brought]

TO THE DEFENDANTS and other persons interested in the ship "X" .................................. registered at the port of ........................................................ [or as may be]

THE WRIT OF SUMMONS has been issued by the Plaintiffs against the property described above in respect of the claim set out on the back. Within [14 days] after the service of this Writ, counting the day of service, you must either satisfy the claim or lodge in the Registry of the High Court mentioned below an ACKNOWLEDGMENT OF SERVICE.

If you fail to satisfy the claim or to lodge an Acknowledgment within the time stated, the Plaintiffs may proceed with the action and judgment may be given without further notice to you and if the property described in this Writ is under the arrest of the Court it may be sold by order of the Court.

Issued from the Registry of the High Court this ............ day of .................... 19 .......

Note:-This Writ may not be served later than 12 calendar months beginning with that date unless renewed by order of the Court.

IMPORTANT

Directions for Acknowledgement of Service are given with the accompanying form.

[Back of No. 1 ]

*[STATEMENT OF CLAIM]

*Where words appear between square brackets, delete if inapplicable

The Plaintiffs' claim is for

*[Signed if statement of claim indorsed]

THIS WRIT was issued by ...................................................................................... of ................................................................................................................................... Solicitor for the said Plaintiff whose address is ...................................................................

*[or where the Plaintiff sues in person

THIS WRIT was issued by the said Plaintiff who resides at ....................................... and (if the Plaintiff does not reside within the jurisdiction) whose address for service is ........ .......................................]

[Indorsement as to service

(To be completed only when the Writ has been served by the bailiff)

THIS WRIT was served by me at ............................................................................ on ............... , on ............... day, the ............... day of ........................................ 19 ........, by (state the manner of service)

Cap 4A - THE RULES OF THE HIGH COURT 396

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Signed

Name of bailiff ] (25 of 1998 s. 2)

No. 2

Writ of summons in limitation action

(O. 75 r. 3(3))

[Hong Kong Coat of Arms]

19 ......, Folio No. ...............

IN THE HIGH COURT OF HONG KONG

COURT OF FIRST INSTANCE

Admiralty Jurisdiction

Between Plaintiff AND

Defendant

TO THE DEFENDANT [name] .............................................................................. of [address] .....................................................................................................................

THIS WRIT OF SUMMONS has been issued against you by the abovenamed Plaintiff in respect of the claim set out on the back.

Unless you admit the claim you must within [14 days] after service of this writ on you, counting the day of service, return to the Registry of the High Court mentioned below the accompanying ACKNOWLEDGMENT OF SERVICE.

If you fail to return the Acknowledgment within the time stated, the Plaintiff may proceed with the action without further notice to you.

Issued from the Registry of the High Court this .............. day of ................... 19 .......

Note:-This Writ may not be served later than 12 calendar months beginning with that date unless renewed by order of the Court.

IMPORTANT

Directions for Acknowledgment of Service are given with the accompanying form.

[Back of No. 2]

The Plaintiff claims

Cap 4A - THE RULES OF THE HIGH COURT 397

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*[or where the Plaintiff sues in person

*Where words appear between square brackets, delete if inapplicable (25 of 1998 s. 2)

No. 2A

Notice of writ of summons in limitation action to be served out of jurisdiction

(O. 75 r. 3(3))

[Heading as in action]

To C.D. of

Take notice that A.B. of ...................................................................... has begun an action against you, C.D., in the Court of First Instance in Hong Kong by writ of summons dated the .................. day of ............................................................................. 19 ........, which writ is indorsed as follows [copy the indorsement of claim] and unless you admit the Plaintiff's claim you are required within .............................. days after receipt of this notice, counting the day of receipt, to return to the Registry of the High Court the accompanying Acknowledgment of Service.

And take notice that if you do not return the Acknowledgment within the time stated, the Plaintiff may proceed with the action without further notice to you.

(Signed) A.B. .............................................

or X. Y. of

Solicitors for A.B.

IMPORTANT

Directions for Acknowledgment of Service are given with the accompanying form. (25 of 1998 s. 2)

No. 2B

Acknowledgment of Service of Writ of Summons in

Cap 4A - THE RULES OF THE HIGH COURT 398

Action in rem or Limitation Action

(O. 75 r. 3(5))

Directions for Acknowledgment of Service

2. If in an action in rem a Statement of Claim is indorsed on the Writ (i.e. the words "Statement of Claim" appear at the top of the back), a Defence must be served within 14 days after the time for acknowledging service of the Writ.

If a Statement of Claim is not indorsed on the Writ, a Defence need not be served until 14 days after a Statement of Claim has been served on the Defendant.

If a Defendant fails to serve a defence within the appropriate time, the Plaintiff may apply to the Court for judgment against him and, if the property described in the Writ is under the arrest of the Court, for an order for the sale of that property.

(1)

[Back of page (1)]

Notes for Guidance

1. Each Defendant (if there is more than one) is required to complete an Acknowledgment of Service and return it to the Registry of the High Court.

2. For the purpose of calculating the period of 14 days for acknowledging service, a writ served on the Defendant personally is treated as having been served on the day it was delivered to him and a writ served by post or by insertion through the Defendant's letter box is treated as having been served on the seventh day after the date of posting or insertion.

3. Where the Defendant is a FIRM and a Solicitor is not instructed, the form must be completed by a PARTNER by name, with the addition of the description "partner in the firm of (.......................................)" after his name.

4. Where the Defendant is sued as an individual TRADING IN A NAME OTHER THAN HIS OWN, the form must be completed by him with the addition of the description "trading as (.......................................)" after his name.

5. Where the Defendant is a LIMITED COMPANY the form must be completed by a Solicitor or by someone authorised to act on behalf of the Company, but the Company can take no further step in the proceedings without a Solicitor acting on its behalf.

6. Where the Defendant is a MINOR or a MENTAL PATIENT, the form must be completed by a Solicitor acting for a guardian ad litem.

7. A Defendant acting in person may obtain help in completing the form at the Registry of the High Court.

8. These notes deal only with the more usual cases. In case of difficulty a Defendant in person should refer to paragraph 7 above.

Cap 4A - THE RULES OF THE HIGH COURT 399

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(2)

[Heading as in No. 1 or 2 to be completed by plaintiff]

ACKNOWLEDGMENT OF SERVICE OR WRIT OF SUMMONS IN

ACTION IN REM OR LIMITATION ACTION

If you intend to instruct a Solicitor to act for you, give him this form

IMMEDIATELY

Important. Read the accompanying directions and Delay may result in judgment being given against a notes for guidance carefully before completing this form. defendant whereby he or his Solicitor may have to If any information required is omitted or given wrongly, pay the costs of applying to set it aside. Furthermore, THIS FORM MAY HAVE TO BE RETURNED. the property described in the Writ of Summons, if

under arrest of the Court, may be sold by order of the Court.

(*Where words 1. *[In an action in rem appear between State the description of the Defendant, as stated in the Writ of Summons, by whom or square brackets, on whose behalf the service of the Writ is being acknowledged.] delete if *[In a limitation action inapplicable) (a) If the Defendant by whom or on whose behalf service of

the Writ is being acknowledged is named in the Writ, state his full name. If he is sued in a name different from his own, add "sued as (the name stated on the Writ of Summons)".

(b) If the Defendant by whom or on whose behalf service of the Writ is being acknowledged is one of a class of persons described in the Writ, state his full name. The Defendant should complete (a) or (b), whichever is appropriate, and delete the other.]

Service of the Writ is acknowledged accordingly *(Signed) [Solicitor]

[Defendant in person] Address for Service

(3)

Notes as to Address for Service

Solicitor. Where the Defendant is represented by a Solicitor, state the Solicitor's place of business in Hong Kong.

Defendant in person. Where the Defendant is acting in person, he must give his residence OR, if he does not reside in Hong Kong, he must give an address in Hong Kong where communications for him should be sent. In the case of a limited company "residence" (居所) means its registered or principal office.

[Back of Page (3)]

Indorsement by plaintiff's solicitor (or by plaintiff if suing in person) of his name, address and reference, if any. (L.N. 251 of 1997; 25 of 1998 s. 2)

Cap 4A - THE RULES OF THE HIGH COURT 400

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No. 3

Warrant of arrest

(O. 75 r. 5(1))

(Heading as in action)

To the Bailiff :

You are hereby required to arrest the ship ................................................................. of the port of ......................................................................... (and the cargo now or lately laden therein, together with the freight due for the transportation thereof,) or (and the freight due for the transportation of the cargo now or lately laden therein,) and to keep the same under safe arrest until you shall receive further orders from the High Court.

The plaintiff's claim is for (copy from the writ)

Taken out by ............................. (solicitors for) the ..................................................

Bailiff's indorsement as to service (L.N. 251 of 1997; L.N. 313 of 1997; 25 of 1998 s. 2)

No. 4

Praecipe for warrant of arrest

(O. 75 r. 5(4))

(Heading as in action)

We ............................... of .......................................................... (solicitors for) the plaintiffs request a warrant to arrest (description of property giving name, if a ship).

Dated the ................. day of ..................... 19 ......

(Signed) ......................................................

No. 5

Praecipe for caveat against arrest

(O. 75 r. 6)

(Description of property giving name, if a ship)

We ............................................ of ........................................................................ (solicitors for ............................ of ........................................................) request a caveat against the arrest of (description of property giving name, if a ship) and hereby undertake to enter an acknowledgment of issue or service (as may be appropriate) in any action that

Cap 4A - THE RULES OF THE HIGH COURT 401

--------------------

may be begun in the High Court against the said ............................................. and, within 3 days after receiving notice that such an action has been begun, to give bail in the action in a sum not exceeding ............................................................. dollars or to pay that sum into court. We consent that the writ of summons and any other document in the action may be left for us at ...........................................................................................

Dated the ................. day of ..................... 19 ......

(Signed) .................................................... (L.N. 99 of 1993; 25 of 1998 s. 2)

No. 6

Praecipe for service of writ in rem by Bailiff

(O. 75 r. 8(3))

(Heading as in action)

We ........................................... of ....................................................... (solicitors for) the plaintiffs request that the writ of summons left herewith be duly served on .....................................

Dated the ................. day of ..................... 19 ......

(Signed) ....................................................

No. 7

Release

(O. 75 r. 13(1))

(Heading as in action)

To the Bailiff : Whereas in this action you were required to arrest the .......................................... and to keep the same under safe

arrest until you should receive further orders from the High Court. You are hereby required to release the said ................................................ from the arrest effected by virtue of the warrant in this action.

Taken out by ......................... (solicitors for) ........................................................... Bailiff's indorsement

On ..................... the ............................................... day of ..................... 19 ......., the ...................................................................................was released from arrest pursuant to this Instrument.

(Signed) .................................................... Bailiff.

(L.N. 313 of 1997; 25 of 1998 s. 2)

Cap 4A - THE RULES OF THE HIGH COURT 402

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No. 8

Praecipe for issue of release

(O. 75 r. 13(6))

(Heading as in action)

We ................................. of ......................................................... (solicitors for) the plaintiffs (or defendants) in this action against (description of property giving name, if a ship), now under arrest, request the issue of a release with respect to the said .....................

Dated the ................. day of ..................... 19 ......

(Signed) ....................................................

No. 9

Praecipe for caveat against release and payment

(O. 75 r. 14(1))

(Description of property giving name, if a ship)

We ................................. of ............................................................. (solicitors for) ................................... of ............................................. request a caveat against the issue of a release with respect to (description of property giving name, if a ship) now under arrest and, should the said property be sold by order of the Court, a caveat against payment out of court of the proceeds of sale.

The intending caveator claims to have an interest [to the extent of approximately $ ........................... if known] in the above-mentioned property in respect of [state nature of claim, e.g. salvage, collision damage, etc.].

Dated the ................. day of ..................... 19 ......

(Signed) ....................................................

No. 10

Praecipe for withdrawal of caveat

(O. 75 r. 15(1))

(Description of properly giving name, if a ship)

We ................................. of ............................................................. (solicitors for) ................................... of .................................................... request that the caveat (state nature of caveat) entered on the ........... day of ............................................... 19 ....... on behalf of .............................................................................................. be withdrawn.

Dated the ................. day of ..................... 19 ......

(Signed) ....................................................

Cap 4A - THE RULES OF THE HIGH COURT 403

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No. 11

Bail bond

(O. 75 r. 16(1))

(Heading as in action)

WHEREAS this Admiralty action in rem against the above-mentioned property is pending in the Supreme Court and the parties to the said action are the above-mentioned plaintiffs and defendants:

Now, THEREFORE, WE, A.B. of ........................................................................... and C.D. of ............................................................................, hereby jointly and severally submit ourselves to the jurisdiction of the said Court and consent that if they, the above-mentioned defendants, (or plaintiffs, in the case of a counterclaim) do not pay what may be adjudged against them in this action, with costs, or do not pay any sum due to be paid by them in consequence of any admission of liability therein or under any agreement by which this action is settled before judgment and which is filed in the said Court, execution may issue against us, our executors or administrators, goods and chattels, for the amount unpaid or an amount of ........................ dollars whichever is the less.

A.B. (Signed) ....................................................

C.D. (Signed) ....................................................

This bail bond was signed by the said A.B. and C.D., the sureties, the ........................ day of ......................... 19 ........ Before me

a Commissioner for Oaths.

No. 12

Praecipe for commission for appraisement and sale

(O. 75 r. 23(1))

(Heading as in action)

We .................................. of .............................................................. (solicitors for) the plaintiffs (or defendants) request a commission for the appraisement and sale of (description of property giving name, if a ship) which was ordered by the Court on the ...................... day of ....................... 19 ........

Dated the ................. day of ..................... 19 ......

(Signed) ....................................................

No. 13

Cap 4A - THE RULES OF THE HIGH COURT 404

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Commission for Appraisement and Sale

(O. 75 r. 23(2))

(Heading as in action)

To the Bailiff :

WHEREAS in this action the Court has ordered (description of property giving name, if a ship) to be appraised and sold.

You are hereby authorized and required to choose one or more experienced persons and to swear him or them to appraise the said ................................................................... according to the true value thereof, and such value having been certified in writing by him or them to cause the said ...................................................................... to be sold by (private treaty) (public auction) for the highest price that can be obtained for it, but not for less than the appraised value unless the Court on your application allows it to be sold for less.

And you are further required, immediately upon the sale being completed, to pay the proceeds thereof into court and to file the certificate of appraisement signed by you and the appraiser or appraisers, and an account of the sale signed by you, together with this commission.

Taken out by .................................. (solicitors for) the ............................................. (L.N. 313 of 1997)

No. 14

Release and Warrant of Possession

(O. 75)

(Heading as in action)

To the Bailiff : WHEREAS in this action the Court has ordered possession of the ship (name to be stated), her tackle, apparel

and furniture to be delivered up to ........................... or to his solicitor for his use, ..........................................................................................................

You are hereby required to release the said ship, her tackle, apparel and furniture from the arrest made by virtue of the warrant in that behalf and to deliver possession thereof to the said ....................................... or to his solicitor for his use.

Taken out by ............................... (solicitors for) the ................................................ Bailiff's Indorsement

On the ...................... day of ........................................................... 19 ........, the ship ...................................................... was released from arrest pursuant to this warrant.

(Signed) ................................................... Bailiff.

Receipt Received from the Bailiff on the ...................... day of ................................ 19 ......., the

ship ................................................................... and everything on board belonging to her.

(Signed) ................................................... (L.N. 313 of 1997)

Cap 4A - THE RULES OF THE HIGH COURT 405

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No. 15

Notice to Consular Officer of Intention to Apply for Warrant of Arrest

(O. 75 r. 5(7))

(Heading as in action)

To the Consular Officer of (name of State) The (state nationality) ship (name) TAKE NOTICE that as solicitors for (name or description of Plaintiff as in writ) we did on the ................... day

of ....................................... 19 ........ (or we intend to) institute proceedings in the High Court of Hong Kong against the .......................... above-mentioned ship in respect of a claim by (name or description of plaintiff) for (state nature of claim as indorsed on writ) and that we intend to apply to the Court to arrest the said ship.

Dated the ................. day of ..................... 19 ......

(Signed) .................................................... Solicitors for the Plaintiff.

(25 of 1998 s. 2) (Enacted 1988)

Appendix: C L.N. 313 of 1997; 25 of 1998

01/07/1997

Remarks: Adaptation amendments retroactively made - see 25 of 1998 s. 2

No. 5

Warrant for bailiff to call upon defendant to give security to produce property

(O. 44A r. 8)

Action No. ................ of 19 ........

IN THE HIGH COURT OF HONG KONG,

COURT OF FIRST INSTANCE

Between A.B. Plaintiff

AND

C.D. Defendant

To the Bailiff of the said Court:

You are required forthwith to call upon the defendant C.D. either by ......................... day, the ......................... day of ......................................................., 19 .........., to furnish security in the sum of $ .................. to produce and place at the disposal of the said Court, when required, his property or the value of the same, or such portion thereof as may be sufficient to answer any judgment that may be given against him in this action, or by the said day to appear before the said Court and show cause why he should not furnish such security; and you are further required, in default

Cap 4A - THE RULES OF THE HIGH COURT 406

--------------------

of such security being given, to attach all the movable and immovable property of the said defendant within Hong Kong until the further order of the said Court.

Witness The Honourable ...................................................., Chief Justice of the said Court, the ................. day of ............................. 19 .........

(Signed) ............................................. Registrar.

Note:-This warrant is to be returned into the Registry immediately after the execution thereof, with a memorandum indorsed thereon of the date and mode of execution.

(L.N. 313 of 1997; 25 of 1998 s. 2)

Nos. 6 and 7 (Repealed L.N. 343 of 1989)

(Enacted 1988)

Appendix: D Code of conduct for expert witnesses L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

(O. 38 rr. 35, 37B and 37C)

Application of code

1. This code of conduct applies to an expert who has been instructed to give or prepare evidence for the purpose of proceedings in the Court.

General duty to Court

2. An expert witness has an overriding duty to help the Court impartially and independently on matters relevant to the expert's area of expertise. 3. An expert witness's paramount duty is to the Court and not to the person from whom the expert has received instructions or by whom he is paid. 4. An expert witness is not an advocate for a party.

Declaration of duty to Court

5. A report by an expert witness is not admissible in evidence unless the report contains a declaration by the expert witness that-

(a) he has read this code of conduct and agrees to be bound by it; (b) he understands his duty to the Court; and (c) he has complied with and will continue to comply with that duty.

6. Oral expert evidence is not admissible unless an expert witness has declared in writing, whether in a report or otherwise in relation to the proceedings, that-

(a) he has read this code of conduct and agrees to be bound by it; (b) he understands his duty to the Court; and (c) he has complied with and will continue to comply with that duty.

Expert report to be verified

Cap 4A - THE RULES OF THE HIGH COURT 407

7. A report by an expert witness must be verified by a statement of truth in accordance with Order 41A of the Rules of the High Court (Cap 4 sub. leg. A).

Form of expert reports

8. A report by an expert witness must (in the body of the report or in an annexure) specify- (a) the person's qualifications as an expert; (b) the facts, matters and assumptions on which the opinions in the report are based (a letter of instructions

may be annexed); (c) the reasons for each opinion expressed; (d) if applicable, that a particular question or issue falls outside his field of expertise; (e) any literature or other materials utilized in support of the opinions; and (f) any examinations, tests or other investigations on which he has relied, and the identity and details of

the qualifications of the person who carried them out. 9. If an expert witness who prepares a report believes that it may be incomplete or inaccurate without some qualification, that qualification must be stated in the report. 10. If an expert witness considers that his opinion is not a concluded opinion because of insufficient research or insufficient data or for any other reason, this must be stated when the opinion is expressed. 11. An expert witness who, after communicating an opinion to the party instructing him (or that party's legal representative), changes his opinion on a material matter shall forthwith provide the party (or that party's legal representative) with a supplementary report to that effect which must contain such of the information referred to in section 8(b), (c), (d), (e) and (f) as is appropriate.

Experts' conference

12. An expert witness shall abide by any direction of the Court to- (a) confer with any other expert witness; (b) endeavour to reach agreement on material matters for expert opinion; and (c) provide the Court with a joint report specifying matters agreed and matters not agreed and the reasons

for any non-agreement. 13. An expert witness shall exercise his independent, professional judgment in relation to such a conference and joint report, and shall not act on any instruction or request to withhold or avoid agreement.

Note:-Proceedings for contempt of court may be brought against a person if he makes, or causes to be made, a false declaration or a false statement in a document verified by a statement of truth without an honest belief in its truth.

(L.N. 152 of 2008)

Cap 4A - THE RULES OF THE HIGH COURT 408

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高等法院規則

第 4A 章 - 《高等法院規則》 1

章： 4A 《高等法院規則》憲報編號版本日期

賦權條文 25 of 1998 01/07/1997

附註：

具追溯力的修訂─見1998年第25號第2條

(第4章第54條)

[本規則(第75號命令除外) } 1988年5月1日

第75號命令 } 1989年2月24日 1989年第3號第5條]

(本為1988年第117號法律公告)

命令： 1 引稱、適用範圍、釋義及表格 5 of 2014 04/04/2014

附註：

按照《2014年鄉郊代表選舉法例(修訂)條例》(2014年第5號)("該修訂條例")第1條，該修訂條例的

生效條文如下─

(a) 就所有關乎2015年舉行的居民代表、原居民代表及街坊代表的選舉的目的而言─該修訂條

例自2014年4月4日起實施；及

(b) 在沒有根據(a)段開始實施的範圍內─該修訂條例自2015年4月1日起實施。

導言

1. 引稱(第1號命令第1條規則)

本規則可引稱為《高等法院規則》。

(1998年第25號第2條)

2. 適用範圍(第1號命令第2條規則)

(1) 除本條規則的以下條文另有規定外，本規則對高等法院的所有法律程序具有效力。

(2) 本規則對屬於下表第1欄所指明種類的法律程序並無效力(該等法律程序屬可根據該表第2欄

所指明的成文法則為其訂立規則者)─

表

法律程序成文法則

1. 破產程序。《破產條例》(第6章)第113條。

2. 關於公司清盤的法律程序。《公司(清盤及雜項條文)條例》(第32

章)第296條。 (2012年第28號第912

及920條)

第 4A 章 - 《高等法院規則》 2

2A. 關於對不公平地損害成員權益的補救的法律

程序。

《公司條例》(第622章)第727條。

(2012年第28號第912及920條)

3. 無爭議或普通形式的遺囑認證程序。《遺囑認證及遺產管理條例》(第10

章)第72條。

4. 當法庭作為虜獲法庭行事時在法庭進行的法

律程序。

《1894年虜獲法庭法令》*第3條。

5. (由1997年第81號第59條廢除)

6. 婚姻法律程序。《婚姻訴訟條例》(第179章)第10及54

條；《婚姻法律程序與財產條例》(第

192章)第32條。 (2010年第20號第5

條)

(香港)7. 領養程序。《領養法例》(第290章)第12條。

(香港)8. 《家庭及同居關係暴力條例》(第189章)之下

的法律程序。

《家庭及同居關係暴力條例》(第189

章)第8條。 (2009年第18號第18條)

(3) 對屬第53號命令、第59號命令、第62號命令、第70號命令、第115號命令、第115A號命令、

第116號命令、第117號命令、第117A號命令、第118號命令或第119號命令所適用的刑事法律程序以

外的任何刑事法律程序，本規則並無效力。 (1989年第282號法律公告；1992年第403號法律公告；

1995年第156號法律公告；1996年第242號法律公告；1997年第222號法律公告；2008年第152號法律

公告；2009年第186號法律公告)

(4) 就第(2)及(3)款所述的法律程序而言，如任何規則(不論是根據本條例或任何其他條例訂

立)的任何條文，是《高等法院規則》或其任何條文藉以適用於任何該等法律程序的，則該兩款不得

視為對該等規則的任何條文有所影響。

(5) 除在屬高等法院的常規及程序憑藉下表第2欄所指明的成文法則而適用於根據下表第1欄所

指明的成文法則提交的選舉呈請的範圍外，本規則並不就該等選舉呈請而具有效力—

表

1. 《立法會條例》(第542章)第7部。《立法會(選舉呈請)規則》(第542章，附屬

法例F)第2條。

2. 《區議會條例》(第547章)第V部。《區議會(選舉呈請)規則》(第547章，附屬

法例C)第2條。

3. 《行政長官選舉條例》(第569章)第6

部。

《行政長官選舉(選舉呈請) 規則》(第

569(第569章)，附屬法例E)第3條。

4. 《鄉郊代表選舉條例》(第576章)第5

部。

《鄉郊代表(選舉呈請)規則》(第576章，附

屬法例B)第2條。

(2008年第152號法律公告)

(1998年第25號第2條；2012年第2號編輯修訂紀錄；2014年第5號第2條)

3. 《釋義及通則條例》的適用範圍

(第1號命令第3條規則)

《釋義及通則條例》(第1章)適用於本規則的釋義，一如該條例適用於在其生效日期後訂立的附

第 4A 章 - 《高等法院規則》 3

屬法例。

4. 定義(第1號命令第4條規則)

(1) 在本規則中，除文意另有所指外，以下各詞句具有現分別給予它們的涵義，即─

“《2008年修訂規則》” (Amendment Rules 2008) 指《2008年高等法院規則(修訂)規則》(2008年

第152號法律公告)； (2008年第152號法律公告)

“人員”(officer) 指高等法院的人員； (1998年第25號第2條)

“令狀”(writ) 指傳訊令狀；

(香港)“司法常務官”(Registrar) 指高等法院司法常務官，並包括高等法院任何高級副司法常務

官、副司法常務官或助理司法常務官； (1998年第25號第2條；2005年第10號第165條)

(香港)“本條例”(the Ordinance) 指《高等法院條例》(第4章)； (1998年第25號第2條)

(香港)“成文法律”(written law) 包括《釋義及通則條例》(第1章)第3條界定的“條例”及“成

文法則”； (2008年第152號法律公告)

“休庭期”(vacation) 指介乎第64號命令所訂明的高等法院各段開庭期之間的時間； (1998年第

25號第2條)

(香港)“合議庭”(Full Bench) 指由2名或多於2名的原訟法庭法官組成的法庭； (1998年第25號

第2條)

“判定利率”(judgment rate) 指終審法院首席法官根據本條例第49(1)(b)條決定的利息率；

(2003年第18號第12條)

“受助人”(aided person) 指《法律援助條例》(第91章)所指的受助人； (2008年第152號法律公

告)

“狀書”(pleading) 不包括呈請書、傳票或預備文件；

(香港)“放債人訴訟”(money lender's action) 具有第83A號命令給予該詞的涵義；

“原訴傳票”(originating summons) 指在待決的訟案或事宜中發出的傳票以外的每一張傳票；

“聆案官”(master) 指高等法院的聆案官，並包括高等法院司法常務官及高等法院任何高級副司法

常務官、副司法常務官或助理司法常務官； (1993年第99號法律公告；1998年第25號第2條；

2005年第10號第165條)

“訟案登記冊”(cause book) 指備存在登記處的簿冊或其他紀錄，而訟案或事宜的字母及編號，以

及關於訟案或事宜的其他詳情是記入該簿冊或其他紀錄的； (1998年第275號法律公告)

(香港)“執達主任”(bailiff) 指法院的執達主任及任何獲合法授權執行法院的法律程序文件的

人；

“接管人”(receiver) 包括經理人或收貨人；

“就人身傷害而提出的訴訟”(an action for personal injuries) 指有就原告人或任何其他人的

人身傷害或就某人的死亡而提出損害賠償申索的訴訟，而“人身傷害”(personal injuries)

包括任何疾病以及任何個人身體上或精神上的損傷；

(香港)“登記處”(Registry) 指高等法院登記處； (1998年第25號第2條)

“實務指示”(practice direction) 指—

(a) 由終審法院首席法官發出的關於法院的實務及程序的指示；或

(b) 由特定案件類別法官就其特定案件類別發出的指示； (2008年第152號法律公告)

“遺囑認證訴訟”(probate action) 具有第76號命令給予該詞的涵義；

“擬抗辯通知書”(notice of intention to defend) 指一份送達認收書，而其中載有一項陳述，

表明簽署或由他人代其簽署該份認收書的人擬就該份認收書所關乎的法律程序提出爭議。

(2) 在本規則中，除文意另有所指外，“法院”、“法庭”(the Court) 指原訟法庭或在法庭

第 4A 章 - 《高等法院規則》 4

或內庭進行聆訊的任何一名或多於一名的原訟法庭法官或司法常務官或任何聆案官，但前述條文不

得視為對本規則的任何條文有所影響，特別是第32號命令第11條規則，而司法常務官的權限及司法

管轄權是憑藉該條規則予以界定及規管的。 (1998年第25號第2條)

(3) 在本規則中，除文意另有所指外，凡提述對任何文件作送達認收或就任何法律程序發出擬

抗辯通知書之處，即為提述在登記處遞交一份該文件的送達認收書或一份就該等法律程序發出的擬

抗辯通知書(視屬何情況而定)。 (2008年第152號法律公告)

5. 提述命令、規則等之處的解釋

(第1號命令第5條規則)

(1) 除文意另有所指外，在本規則中凡提述某經指明的命令、規則或附錄之處，即為提述本規

則之中的該命令、規則或附錄，而凡提述某經指明的規則、款或段之處，即為提述有關命令中出現

該提述的該規則、有關規則中出現該提述的該款或有關的該款中出現該提述的該段。

(2) 在本規則中凡提述根據本規則之中的某條規則而作出的任何事情之處，包括提述在該條規

則的生效日期前已根據任何相對應的法院規則而作出的相同事情，但以該條法院規則在該條規則的

生效日期時間開始不再具有效力者為限。

(3) 除非文意另有所指，否則在本規則中，凡提述任何成文法律之處，須解釋為提述由任何其

他成文法律或根據任何其他成文法律而修訂、延伸或適用的該成文法律。 (2008年第152號法律公

告)

6. 提述就土地的管有而提出的訴訟等之處的解釋

(第1號命令第6條規則)

除非文意另有所指，否則在本規則中，凡提述就土地的管有而提出的訴訟或申索之處，須解釋

為包括提述針對政府提出的法律程序，而該等法律程序是要求作出命令，宣布相對於政府而言，原

告人有權取得有關土地或有關土地的管有。 (1998年第29號第105條)

(香港)7A. 提述司法常務官之處的解釋

(第1號命令第7A條規則)

(香港) 凡本規則及表格中出現“司法常務官”一詞之處，均可在適當之時及適當之處，代之

以“聆案官”一詞。

9. 表格(第1號命令第9條規則)

(1) 各附錄中的表格，在適用的情況下須予使用，並可按個別情況所需作出更改。

10. 本規則並不排除以郵遞方式進行事務

(第1號命令第10條規則)

對於藉作出指示以規管法院常規的權力(該等指示是使任何事務或任何類別的事務能以郵遞方式

進行的)，本規則並不予以損害。

___________________________________________________________________________

註：

第 4A 章 - 《高等法院規則》 5

* “《1894年虜獲法庭法令》”乃“Prize Counts Act 1894”之譯名。

命令： 1A 目標 L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

1. 基本目標(第1A號命令第1條規則)

本規則的基本目標為—

(a) 提高須就在法庭席前進行的法律程序而依循的常規及程序的成本效益；

(b) 確保案件在合理切實可行範圍內盡速有效處理；

(d) 確保在訴訟各方達致公平；

(e) 利便解決爭議；及

(f) 確保法庭資源分配公平。

2. 法庭對基本目標的實行

(第1A號命令第2條規則)

(1) 法庭在進行下述事情時，須謀求達致本規則的基本目標—

(a) 行使其任何權力(不論該權力是根據其固有的司法管轄權或是否由本規則給予)；或

(b) 解釋本規則中的任何規則或任何實務指示。

(2) 法庭在達致本規則的基本目標時，須時刻體認行使法庭權力的主要目的，是確保爭議是按

照各方的實質權利而公正地解決的。

3. 各方及其法律代表的責任

(第1A號命令第3條規則)

任何法律程序中的各方及其法律代表，須協助法庭達成本規則的基本目標。

4. 法院管理案件的責任

(第1A號命令第4條規則)

(1) 法院須藉積極管理案件以達成本規則的基本目標。

(2) 積極管理案件包括—

(a) 鼓勵各方在進行法律程序中互相合作；

(b) 及早識別爭論點；

(d) 決定爭論點的解決次序；

(e) 在法院認為採用另類排解程序屬適當的情況下，鼓勵各方採用該等程序，並利便採用

該等程序；

(f) 幫助各方全面或局部和解案件；

(g) 編定時間表，或以其他方式控制案件的進度；

(h) 衡量採取某特定步驟所相當可能得到的利益，是否令採取該步驟的成本物有所值；

(i) 在切實可行範圍內，盡量同場處理同一案件的最多環節；

(j) 處理案件而無需各方出庭；

第 4A 章 - 《高等法院規則》 6

(k) 利用科技；及

(l) 作出指示，以確保案件的審訊得以快速及有效率地進行。

(2008年第152號法律公告)

命令： 1B 案件管理權力 L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

1. 法院在管理方面的一般權力

(第1B號命令第1條規則)

(1) 本條規則列出的權力，是增補而非取代以下權力︰由任何其他規則或實務指示或由任何其

他成文法則給予法院的任何權力，或法院以其他方式具有的任何權力。

(2) 除本規則另有訂定外，法庭可藉命令—

(a) 延展或縮短遵從任何規則、法院命令或實務指示的時限(即使延展時限的申請是在遵從

時限屆滿後才提出亦然)；

(b) 押後或提前任何聆訊；

(d) 指示將法律程序的某部分(例如反申索)作為分開的法律程序處理；

(e) 將法律程序或判決的全部或部分作一般性擱置，或擱置至某指明日期或事件；

(f) 將法律程序合併；

(g) 同場審訊兩宗或多於兩宗申索；

(h) 指示對任何爭論點進行分開審訊；

(i) 決定爭論點的審訊次序；

(j) 將某項爭論點摒除於考慮範圍以外；

(k) 在就初步爭論點有決定後，撤銷申索或就申索作出判決；

(l) 為管理案件和達成第1A號命令所列的基本目標，採取其他步驟或作出其他命令。

(3) 法庭作出命令時，可—

(a) 在有附帶條件下作出，包括須向法院繳存一筆款項的條件；及

(b) 指明沒有遵從該命令或某條件的後果。

(4) 凡某一方依循第(3)款所指的命令，向法院繳存款項，該筆款項為該方須向有關法律程序的

任何其他一方支付的款項的保證。

2. 法庭主動作出命令的權力

(第1B號命令第2條規則)

(1) 除規則或其他成文法則另有規定外，法庭可應申請或主動行使其權力。

(2) 凡法庭擬主動作出命令—

(a) 法庭可向任何相當可能受該命令影響的人，給予作出申述的機會；及

(b) 法庭如作出此舉，須指明必須作出該申述的時限及方式。

(3) 凡法庭擬—

(a) 主動作出命令；及

(b) 舉行聆訊，以決定是否作出該命令，

法庭須向相當可能受該命令影響的每一方，給予最少3天的聆訊通知。

(4) 法庭可在沒有聽取各方陳詞或沒有給予各方申述機會的情況下，主動作出命令。

(5) 凡法庭根據第(4)款作出命令—

第 4A 章 - 《高等法院規則》 7

(a) 受該命令影響的一方可申請將該命令作廢、更改或擱置；及

(b) 該命令必須載有一項陳述，述明提出上述申請的權利。

(6) 第(5)(a)款所指的申請必須—

(a) 在法庭指明的限期內提出；或

(b) (如法庭沒有指明限期)在有關命令的通知送交提出申請的一方的日期後14天內提出。

3. 法庭以暫准命令形式作出程序指示的權力

(第1B號命令第3條規則)

(1) 凡法庭認為有需要或適宜就法庭的程序作出某指示，而各方亦相當可能不會反對該指示，

則法庭可主動地並在沒有聽取各方陳詞的情況下，以暫准命令的形式作出該指示。

(2) 除非某一方向法庭申請，要求更改暫准命令，否則該暫准命令在作出後14天，即成為絕對

命令。

(2008年第152號法律公告)

命令： 2 不遵從規則的後果 L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

1. 不遵從規則(第2號命令第1條規則)

(1) 凡在開展或看來是開展任何法律程序之時，或在進行任何法律程序的任何階段，或與任何

法律程序相關連的任何階段，因任何已作出或未作出的事情而沒有遵從本規則的規定(不論是在時

間、地點、方式、形式、內容或其他方面)，則該項沒有遵從規則須視作不符合規定，但並不會令該

等法律程序、在該等法律程序中所採取的任何步驟或該等法律程序的任何文件、判決或命令，成為

無效。

(2) 除第(3)款另有規定外，法庭可以第(1)款所述的沒有遵從規則為理由，並在施加其認為公

正的有關訟費或其他方面的條款的情況下，將出現該項沒有遵從規則的法律程序、在該等法律程序

中所採取的任何步驟、或該等法律程序的任何文件、判決或命令，完全或部分作廢，或根據本規則

行使其權力，容許作出其認為適合的修訂(如有的話)，並作出其認為適合的對該等法律程序作一般

處理的命令(如有的話)。

(3) 凡法律程序採用令狀或某其他原訴法律程序文件開展，而該法律程序本來應採用其他原訴

法律程序文件開展的，法庭不得以該事為理由，將該法律程序或實際採用的該令狀或原訴法律程序

文件全部作廢，而是須為以適當的方式繼續進行該法律程序，作出指示。 (2008年第152號法律公

告)

2. 以不符合規定為理由而提出的作廢申請

(第2號命令第2條規則)

(1) 以不符合規定為理由而要求將任何法律程序、在任何法律程序中所採取的任何步驟或該等

法律程序的任何文件、判決或命令作廢的申請，除非是在合理的時限內及申請一方在察覺該宗不符

合規定事件後尚未採取任何新步驟前作出，否則不予准許。

(2) 根據本條規則提出的申請，可藉傳票提出，而反對的理由則必須在有關傳票中述明。

(2008年第152號法律公告)

3. 不遵從規則及法院命令

第 4A 章 - 《高等法院規則》 8

(第2號命令第3條規則)

(1) 如某一方在沒有良好的理由的情況下，沒有遵從某規則或法院命令，法庭可命令該方向法

院繳存一筆款項。

(2) 法庭根據第(1)款行使其權力時，須顧及—

(a) 爭議所涉及的款額；及

(b) 各方已經或可能會招致的訟費。

(3) 凡某一方依循第(1)款所指的命令，向法院繳存款項，該筆款項為該方須向有關法律程序的

任何其他一方支付的款項的保證。

(2008年第152號法律公告)

4. 除非失責方取得寬免，否則懲罰

條款具有效力(第2號命令第4條規則)

凡某一方沒有遵從某規則或法院命令，除非該失責方在上述沒有遵從事項發生14天內，向法庭

申請並就懲罰條款取得寬免，否則該規則或法院命令就上述沒有遵從事項而施加的任何懲罰條款具

有效力。

(2008年第152號法律公告)

5. 懲罰條款的寬免(第2號命令第5條規則)

(1) 如有人提出申請，要求寬免因沒有遵從任何規則或法院命令而施加的任何懲罰條款，法庭

須應有關申請考慮整體情況，包括—

(a) 是否符合秉行公正的原則；

(b) 要求寬免的申請是否已迅速提出；

(d) 對於沒有遵從一事是否有良好的解釋；

(e) 失責方對其他規則及法院命令的遵從程度；

(f) 沒有遵從一事是否由失責方或其法律代表所導致；

(g) (如失責方沒有法律代表)當時他是否不知悉該規則或法院命令，或(如他知悉)他能否

在沒有法律協助的情況下遵從該規則或法院命令；

(h) (如批予寬免)審訊能否如期在審訊日期或相當可能的審訊日期進行；

(i) 沒有遵從一事對每一方造成的影響；及

(j) 批予寬免會對每一方造成的影響。

(2) 申請寬免必須有證據支持。

(2008年第152號法律公告)

命令： 3 時限 35 of 1998 18/09/1998

1. “月”(Month) 指公曆月(第3號命令第1條規則)

在不損害適用於本規則的《釋義及通則條例》(第1章)第3條的原則下，凡“月”(month) 一字

見於構成在高等法院的法律程序的一部分的任何判決、命令、指示或其他文件時，除文意另有所指

外，指公曆月。

(1998年第25號第2條)

第 4A 章 - 《高等法院規則》 9

2. 計算期限(第3號命令第2條規則)

(1) 本規則或任何判決、命令或指示所定的作出任何作為的期限，須按照本條規則的以下條文

計算。

(2) 凡規定有關作為須在某指明日期後的一段指明的期限內作出或由某指明日期起計的一段指

明期限內作出，該段期限在緊接該日期後開始。

(3) 凡規定有關作為須在某指明日期前的一段指明期限內或之前作出，該段期限在緊接該日期

前完結。

(4) 凡規定有關作為須在某指明日期之前或之後的指明數目的若干整天作出，則在有關作為作

出的日期與該指明日期之間，必須最少相隔有該數目的日數。

(5) 除本段外，凡有關期限為7天或以下而當中包括星期日或公眾假期，則該星期日或公眾假期

不得計算在內。

在本段中，“公眾假期”(general holiday) 指根據《公眾假期條例》(第149章)遵守為或須遵

守為公眾假期的日子。 (1998年第35號第5條)

3. 狀書的送達等的時限不包括夏天休庭期在內

(第3號命令第3條規則)

除法庭另有指示外，在計算任何本規則或任何命令或指示所訂明的將任何狀書送達、送交存檔

或修訂的期限時，夏天休庭期間不得計算在內。

4. 時限在星期日屆滿等(第3號命令第4條規則)

凡本規則或任何判決、命令或指示所訂明的須在法院的某辦事處作出任何作為的時限，在星期

日或該辦事處關閉的其他日子屆滿，因而致該作為不能在該日作出，則如該作為在該辦事處於下一

日開放辦公當日作出，該作為即為及時作出。

5. 時限的延展等(第3號命令第5條規則)

(1) 法庭可按其認為公正的條款，藉命令將本規則或任何判決、命令或指示規定或批准任何人

在任何法律程序中作出任何作為的期限，予以延展或縮短。

(2) 即使延展申請是在第(1)款所提述的任何期限屆滿後始提出，法庭仍可將該期限延展。

(3) 本規則或任何命令或指示規定某人須將任何狀書送達、送交存檔或修訂的期限，可藉同意

(以書面作出者)而延展，而無須為該目的而作出法庭命令。

(4) 在本條規則中，凡提述法庭之處，須解釋為包括提述上訴法庭及該法院的單一名法官。

(1998年第25號第2條)

6. 延遲經年後發出的擬繼續進行通知書

(第3號命令第6條規則)

凡在一宗訟案或事宜中，自上一項法律程序以來已過去一年或以上的時間，則意欲繼續進行的

一方必須向其他每一方發出為期不少於一個月的擬繼續進行通知書。

就本條規則而言，並無命令就其作出的傳票，並非一項法律程序。

第 4A 章 - 《高等法院規則》 10

命令： 4 法律程序的分配、移交及合併 25 of 1998 s. 2 01/07/1997

附註：

具追溯力的修訂─見1998年第25號第2條

法律程序的展開及進展

2. 公司(第4號命令第2條規則)

凡法庭作出命令將某公司清盤，應債權證持有人之請或代債權證持有人針對該公司提出的任何

訴訟的所有內庭法律程序，均須由一名原訟法庭的人員處理，而該名人員須為關於公司清盤的當其

時有效規則所指的司法常務官。

(1998年第25號第2條)

9. 訟案或事宜的合併等(第4號命令第9條規則)

(1) 凡有兩宗或多於兩宗的訟案或事宜待決，如法庭認為─

(a) 所有該等訟案或事宜出現同一法律問題或事實問題，或

(b) 在該等訟案或事宜中申索濟助的權利是與同一宗或同一系列事務有關或產生自同一宗

或同一系列事務，或

法庭可命令將該等訟案或事宜按其認為公正的條款合併，或可命令該等訟案或事宜須在同一時間或

一宗緊接一宗地審訊，或可命令將該等訟案或事宜中的任何一宗擱置，直至任何另一宗已有裁定為

止。

(2) 凡法庭根據第(1)款作出命令，命令兩宗或多於兩宗的訟案或事宜須在同一時間審訊，但並

無作出命令將該等訟案或事宜合併，則為作出判令該等訟案或事宜中的任何一宗的一方須支付訟費

或可獲得訟費的命令，該一方可視作猶如其為該等訟案或事宜中的任何另一宗的一方一樣。

命令： 5 在原訟法庭開展民事法律程序的方式 L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

1. 開展民事法律程序的方式

(第5號命令第1條規則)

除任何成文法律及本規則的條文另有規定外，在原訟法庭的民事法律程序可藉令狀或原訴傳票

開展。

(1998年第25號第2條；2008年第152號法律公告)

2-3. (由2008年第152號法律公告廢除)

4. 可藉令狀或原訴傳票開展的法律程序

(第5號命令第4條規則)

(1) 法律程序可藉令狀或原訴傳票開展(視乎原告人認為適宜者而定)，但根據任何成文法律規

第 4A 章 - 《高等法院規則》 11

定須藉或批准可藉某特定形式的原訴法律程序文件開展的法律程序，則屬例外。 (2008年第152號

法律公告)

(2) 任何法律程序─

(a) 如其中唯一或主要的有爭論的問題，是關於或相當可能是關於任何成文法律、任何根

據成文法律訂立的文書、任何契據、遺囑、合約或其他文件的解釋，或是關於或相當

可能是關於另一法律問題，或 (2008年第152號法律公告)

(b) 如其中相當不可能有任何實質事實爭議，

均適宜藉原訴傳票開展，但如原告人在該等法律程序中擬申請根據第14號命令或第86號命令作出判

決，或基於任何其他理由認為該等法律程序更適宜藉令狀開展，則屬例外。

5. 藉動議或呈請書開展的法律程序

(第5號命令第5條規則)

法律程序可藉原訴動議或呈請書開展，但僅以有關法律程序是根據任何成文法律規定須如此開

展或批准可如此開展者為限。

(2008年第152號法律公告)

6. 親自起訴的權利(第5號命令第6條規則)

(1) 除第(2)款及第80號命令第2條規則另有規定外，任何人(不論是否作為受託人或遺產代理人

而起訴，亦不論是否以任何其他代表的身分而起訴)均可由律師代表或親自在高等法院開展並進行法

律程序。 (1998年第25號第2條)

(2) 除非是由律師代表，否則法人團體不得在法院開展或進行任何該等法律程序，但以下情況

例外─

(a) 按任何成文法則或根據任何成文法則明文訂定者；或

(b) 根據第(3)款給予許可，讓法人團體由其一名董事代表者。

(3) (a) 法人團體要求許可由其一名董事代表的申請，須單方面向司法常務官提出，申請書須

由該名董事所作出並與申請書一併送交存檔的誓章支持，誓章須述明並核實應給予法

人團體許可讓其由該名董事代表的理由。 (1993年第99號法律公告；2002年第108號

法律公告)

(b) 法人團體的董事局授權該名董事在獲批予許可後代表法人團體出庭的決議，須附於誓

章作為證物。

(4) 不得提出來自司法常務官根據第(3)款作出的給予或拒絕給予許可的命令的上訴。

(5) 司法常務官根據第(3)款給予的許可，可被法庭在任何時間撤銷。

(6) 不得提出來自法庭撤銷司法常務官所給予的許可的命令的上訴。

7. 關乎《2008年修訂規則》第16條的

過渡性條文(第5號命令第7條規則)

在《2008年修訂規則》生效*前藉原訴動議或呈請書開展的、在緊接該規則生效前仍然待決的民

事法律程序，可予以繼續和處置，猶如《2008年修訂規則》第16條並未訂立一樣。

(2008年第152號法律公告)

__________________________________________________________________________

註：

第 4A 章 - 《高等法院規則》 12

* 生效日期：2009年4月2日。

命令： 6 傳訊令狀：一般條文 E.R. 2 of 2012 02/08/2012

1. 令狀的格式等(第6號命令第1條規則)

每一份令狀必須採用附錄A表格1的格式。

2. 申索的註明(第6號命令第2條規則)

(1) 在發出令狀前─

(a) 令狀必須註有申索陳述書，或如並無註有申索陳述書，則必須註有關於在藉令狀開展

的訴訟中提出的申索的性質或要求的濟助或補救的扼要陳述；

(b) 凡原告人的申索只是就一筆債項或經算定的索求款項而提出，令狀必須註有關於就該

筆債項或索求款項連同訟費而申索的款額的陳述，同時亦須註有一項陳述，述明如在

送達認收的時限內，被告人將該如此申索的款項付給原告人、其律師或其代理人，則

進一步的法律程序會被擱置；及 (2008年第152號法律公告)

出的送達其抗辯書限期內，按照第13A號命令作出承認。 (2008年第152號法律公告)

(2012年第2號編輯修訂紀錄)

3. 關於身分的註明(第6號命令第3條規則)

在發出令狀前─

(a) 凡原告人是以代表的身分起訴，令狀必須註有關於原告人是以何種身分起訴的陳述；

(b) 凡被告人是以代表的身分被起訴，令狀必須註有關於被告人是以何種身分被起訴的陳

述。

5. 關於律師及地址的註明(第6號命令第5條規則)

(1) 在發出令狀前─

(a) 凡原告人是由一名律師代表起訴，令狀必須註有原告人的地址及該名律師的姓名或事

務所以及該名律師在本司法管轄權範圍內的營業地址，如該名律師是另一律師的代理

人，則亦須註有其委託人的姓名或事務所以及營業地址；

(b) 凡原告人是親自起訴，令狀必須註有其居住地點的地址，如原告人的居住地點並非在

本司法管轄權範圍內或原告人並無居住地點，則令狀必須註有某個在本司法管轄權範

圍內的地點的地址，以將給予原告人的文件在該地址交付或送交。

(2) 原告人的送達地址─

(a) (凡原告人是由一名律師代表起訴)須為註於令狀的該名律師的營業地址，該地址並可

附加某文件轉遞處的一個信箱號碼；

(b) (凡原告人是親自起訴)須為註於令狀的在本司法管轄權範圍內的地址。

(3) 凡有律師的姓名註於令狀，如任何已獲送達令狀或已對令狀作送達認收的被告人以書面要

求該律師聲明令狀是否由他發出或在他授權或知情下發出，該名律師必須以書面作出該項聲明。

(2008年第152號法律公告)

(4) 如姓名註於令狀的律師以書面聲明令狀並非由他發出或在他授權或知情下發出，法院可應

第 4A 章 - 《高等法院規則》 13

任何已獲送達令狀或已對令狀作送達認收的被告人的申請，擱置藉令狀開展的訴訟的所有法律程

序。 (2008年第152號法律公告)

6. 並存令狀(第6號命令第6條規則)

(1) 一份或多於一份的並存令狀可應原告人的請求，在令狀的正本發出時或在其後(在令狀的正

本停止生效前)的任何時間發出。

(2) 在不損害第(1)款的一般性的原則下，一份將在本司法管轄權範圍內送達的令狀，可以是作

為另一份將在本司法管轄權範圍外送達的令狀的並存令狀而發出；而一份將在本司法管轄權範圍外

送達的令狀，也可以是作為另一份將在本司法管轄權範圍內送達的令狀的並存令狀而發出。

(3) 並存令狀是令狀正本的真實副本，並只可有就發出令狀的目的而言屬必要的不同之處(如有

的話)。

7. 令狀的發出(第6號命令第7條規則)

(1) 須在本司法管轄權範圍外送達的令狀，不得未經法庭許可而發出：

但每一宗藉令狀提出的申索，即使申索所針對的人並非在法院的司法管轄權範圍內，或引致申

索的錯誤作為、疏忽或過失並非在法院的司法管轄權範圍內發生，如申索仍屬憑藉任何成文法律原

訟法庭具有權力聆訊並裁定者，則前述條文並不適用於有關的令狀。 (1998年第25號第2條；2008

年第152號法律公告)

(3) 令狀一經登記處的人員蓋章即屬發出。

(4) 負責將並存令狀蓋章的人員，必須以官方印章標識其為並存令狀。

(5) 除非在提交令狀作蓋章時，提交令狀的人在令狀所提交的辦事處，留下一份由原告人簽署

的令狀文本(如原告人是親自起訴者)，或留下一份由原告人的律師或由他人代原告人的律師簽署的

令狀文本(如原告人並非親自起訴者)，否則不得將令狀蓋章。

8. 令狀的期限及續期(第6號命令第8條規則)

(1) 為送達的目的，令狀(並存令狀除外)初步有效12個月，由其發出的日期開始計算，而並存

令狀則初步在並存令狀發出當日仍未期滿的令狀正本的有效期內有效。

(2) 凡令狀尚未送達被告人，法院可藉命令不時將令狀的有效期延展，每次為期按命令所指明

者而定，但不得超逾12個月，由若非展期則會期滿的日期翌日開始計算，但要求展期的申請須是在

該日期前向法院提出或是在法院所容許的較後日子(如有的話)提出。

(3) 有效期已根據本條規則獲延展的令狀，在送達前必須蓋有示明該令狀獲如此延展的有效期

期限的官方印章。

(4) 凡令狀的有效期藉根據本條規則作出的命令而獲延展，該命令對在同一宗訴訟中發出但尚

未送達的任何其他令狀(不論是正本或並存者)均具有效力，以將該另一份令狀的有效期延展，直至

該命令所指明的期限屆滿為止。

命令： 7 原訴傳票：一般條文 L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

1. 適用範圍(第7號命令第1條規則)

本命令的條文適用於所有原訴傳票，但如本規則或任何成文法律或根據任何成文法律訂立的條

第 4A 章 - 《高等法院規則》 14

文對某特定類別的原訴傳票有任何特別規定，則不得抵觸該等規定。

(2008年第152號法律公告)

2. 傳票的格式等(第7號命令第2條規則)

(1) 每一張原訴傳票(單方面傳票除外)均須採用附錄A表格8的格式，或須採用附錄A表格10的格

式(如經如此批准或有如此規定)，而每一張單方面原訴傳票則須採用附錄A表格11的格式。

(1A)附錄A表格8須在所有案件中使用，但如根據某成文法律訂明另一表格，或如並無任何一方

須獲送達傳票，則屬例外。 (2008年第152號法律公告)

(1B) 如根據某成文法律訂明附錄A表格10，則須使用該表格。 (2008年第152號法律公告)

(1C) 如並無任何一方須獲送達傳票，則須使用附錄A表格11。 (2008年第152號法律公告)

(2) 取得原訴傳票(單方面傳票除外)的一方須予描述為原告人，而其他各方則須予描述為被告

人。

(3) 本條規則受第53號命令第5(1)條規則及第54號命令第2(3)條規則規限。 (2008年第152號

法律公告)

3. 傳票的內容(第7號命令第3條規則)

(1) 每一張原訴傳票必須包括一項關於原告人向原訟法庭所尋求裁定或指示的問題的陳述，或

一項關於在藉該原訴傳票所開展的法律程序中所申索的濟助或補救的扼要陳述(視屬何情況而定)，

後者並須載有足夠詳情，以識別原告人申索該濟助或補救所本的訴訟因由。 (1998年第25號第2條)

(2) 第6號命令第3及5條規則，適用於原訴傳票，一如其適用於令狀。

4. 並存傳票(第7號命令第4條規則)

第6號命令第6條規則適用於原訴傳票，一如其適用於令狀。

5. 傳票的發出(第7號命令第5條規則)

(1) 原訴傳票須由登記處發出。

(3) 第6號命令第7條規則(第(2)款除外)適用於原訴傳票，一如其適用於令狀。

6. 傳票的期限及續期(第7號命令第6條規則)

第6號命令第8條規則適用於原訴傳票，一如其適用於令狀。

7. 單方面原訴傳票(第7號命令第7條規則)

(1) 第2(1)及(1C)、3(1)及5(1)條規則在可予適用的範圍內，適用於單方面原訴傳票；但除如

前所述者外，本命令的前述規則不適用於單方面原訴傳票。 (2008年第152號法律公告)

(2) 第6號命令第7(3)及(5)條規則，在加以必要的變通後，適用於單方面原訴傳票，一如其適

用於令狀。

第 4A 章 - 《高等法院規則》 15

命令： 8 原訴及其他動議：一般條文 L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

1. 適用範圍(第8號命令第1條規則)

本命令的條文適用於根據某成文法律規定或批准的所有動議，但須受該成文法律或任何其他成

文法律所訂立的、關乎某類別的動議的任何條文所規限。

(2008年第152號法律公告)

2. 動議通知書(第8號命令第2條規則)

(1) 除非藉動議提出的申請是可正當地單方面提出，否則不得在未有向受申請影響的各方發出

事先通知的情況下，提出任何動議，但法庭如信納以一般方式進行的法律程序所導致的延遲，將會

或可能帶來難以補救或嚴重的損害，則可施加其認為公正的關於訟費或其他方面的條款，並在獲得

法庭認為公正的承諾(如有的話)後，作出單方面命令，而受該命令影響的任何一方，均可向法庭申

請將該命令作廢。

(2) 除非法庭給予相反許可，否則送達動議通知書與動議通知書所指定的動議聆訊日之間必須

最少相隔2整天。

3. 動議通知書的格式及發出

(第8號命令第3條規則)

(1) 原訴動議通知書必須採用附錄A表格13的格式，而任何其他動議通知書則必須採用該附錄表

格38的格式。

凡已根據第2(2)條規則給予許可縮短送達動議通知書的時間，該事實必須在通知書內述明。

(2) 動議通知書必須包括一項關於所提出的申索的性質或所要求的濟助或補救的扼要陳述。

(3) 第6號命令第5條規則在加以必要的變通後，適用於原訴動議通知書，一如其適用於令狀。

(4) 開展法律程序的原訴動議通知書，必須由登記處發出。

(6) 原訴動議通知書一經登記處的人員蓋章即屬發出。

4. 動議通知書可連同令狀等送達

(第8號命令第4條規則)

須在一宗訴訟中發出的動議通知書，可連同傳訊令狀或原訴傳票，或在該令狀或傳票送達後的

任何時間，由原告人送達被告人，不論被告人是否已在該宗訴訟中作送達認收。

(2008年第152號法律公告)

5. 押後聆訊(第8號命令第5條規則)

任何動議的聆訊，均可按法庭認為適合的條款，不時予以押後。

6. 關乎原訴及其他動議的過渡性條文

(第8號命令第6條規則)

如在緊接《2008年修訂規則》生效*前，任何根據被《2008年修訂規則》第5部修訂的條文作出

第 4A 章 - 《高等法院規則》 16

的動議或原訴動議提出的申請、請求或上訴仍然待決，則該申請、請求或上訴可在猶如該條文未被

修訂的情況下裁定。

(2008年第152號法律公告)

__________________________________________________________________________

註：

* 生效日期：2009年4月2日。

命令： 9 呈請書：一般條文 L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

1. 適用範圍(第9號命令第1條規則)

本命令的條文適用於根據某成文法律規定或批准的所有呈請書，但須受該成文法律或任何其他

成文法律所訂立的、關乎某類別的呈請書的任何條文所規限。

(2008年第152號法律公告)

2. 呈請書的內容(第9號命令第2條規則)

(1) 每份呈請書必須包括一項關於在藉其而開展的法律程序中提出的申索的性質或要求的濟助

或補救的扼要陳述。

(2) 每份呈請書的末端，必須包括有一項關於該份呈請書須予送達的人(如有的話)的姓名或名

稱的陳述，或如並無須予送達的人，則必須包括有一項表明此事的陳述。

(3) 第6號命令第5條規則在加以必要的變通後，適用於呈請書，一如其適用於令狀。

3. 呈請書的提交(第9號命令第3條規則)

呈請書可藉留於登記處而提交。

4. 編定時間以聆訊呈請(第9號命令第4條規則)

(1) 須予聆訊的呈請，其聆訊日期及時間須由司法常務官編定。

(2) 除非法院另有指示，否則須予送達某人的呈請書，必須在呈請書的編定聆訊日期前7天或之

前送達該人。

5. 某些申請不得藉呈請書提出

(第9號命令第5條規則)

在任何訟案或事宜中的申請，不得藉呈請書提出。

6. 親自抗辯的權利(第9號命令第6條規則)

(1) 除第(2)款及第80號命令第2條規則另有規定外，藉呈請書開展的法律程序的答辯人(不論是

否作為受託人或遺產代理人而被起訴，亦不論是否以任何其他代表的身分而被起訴)，可由律師代表

或親自就該法律程序作抗辯。

(2) 凡該法律程序的答辯人為法人團體，除非任何成文法則明文訂定或根據任何成文法則明文

第 4A 章 - 《高等法院規則》 17

訂定或有根據第(3)款給予的許可，讓該答辯人由其一名董事代表，否則該答辯人不得在該法律程序

中不經由律師代表而採取任何步驟。

(3) (a) 法人團體要求許可由其一名董事代表的申請，須單方面向司法常務官提出，申請書須

由該名董事作出並由與申請書一併送交存檔的誓章支持，誓章須述明並核實應給予該

法人團體許可讓其由該名董事代表的理由。

(b) 該法人團體的董事局授權該名董事在獲批予許可的情況下代表該法人團體出庭的有關

決議，須附於該誓章作為證物。

(4) 不得提出針對司法常務官根據第(3)款作出的給予或拒絕給予許可的命令的上訴。

(5) 法庭可在任何時間撤銷司法常務官根據第(3)款給予的許可。

(6) 不得提出針對法庭撤銷司法常務官所給予的許可的命令的上訴。

(2002年第108號法律公告)

命令： 10 原訴法律程序文件的送達：一般條文 L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

1. 一般條文(第10號命令第1條規則)

(1) 令狀必須由原告人或其代理人面交送達每一名被告人。

(2) 須在本司法管轄權範圍內送達被告人的令狀，可以下列方式送達，以代替面交送達被告人

─

(a) 以掛號郵遞方式將令狀的文本一份送往被告人的通常或最後為人所知的地址，或

(b) 如該地址設有信箱，可將一份密封於致予被告人的信封內的令狀文本投入該信箱內。

(1991年第404號法律公告)

(3) 凡按照第(2)款送達令狀─

(a) 除非顯示情況相反，否則令狀的文本送往有關地址或投入有關地址的信箱內(視屬何情

況而定)的日期後的第7天(無須理會第3號命令第2(5)條規則)須當作為送達日期；

(b) 任何證明令狀已妥為送達的誓章，必須載有具以下意思的陳述─

(i) 宣誓人認為(或如宣誓人是原告人的律師或該律師的僱員，則為原告人認為)令狀

的文本如送往有關地址或投入有關地址的信箱內(視屬何情況而定)便會在其後的7

天內為被告人所知；及

(ii)(如屬以郵遞方式送達的情況)令狀的文本並無在未有交付收件人的情況下透過郵

遞而退回原告人。

(4) 凡被告人的律師在令狀上註明一項陳述，表明他代被告人接受令狀的送達，令狀須當作已

妥為送達被告人並已在作出註明的日期送達。

(5) 在符合第12號命令第7條規則的規定下，凡某令狀並非妥為送達被告人但被告人對該令狀作

送達認收，則除非顯示情況相反，否則令狀須當作已妥為送達被告人，並已在被告人作送達認收的

日期送達。 (2008年第152號法律公告)

(6) 每份須送達被告人的令狀文本，均須加蓋高等法院印章，並須附同一份採用附錄A表格14格

式的送達認收書表格。該份表格須載有有關的訴訟的標題及編號。 (1998年第25號第2條)

(7) 在任何條例及本規則的條文規限下，特別是在訂定送達文件予法人團體的方式的成文法則

所規限下，本條規則具有效力。

2. 向海外委託人的代理人送達令狀

(第10號命令第2條規則)

第 4A 章 - 《高等法院規則》 18

(1) 凡法庭在接獲單方面申請後信納─

(a) 任何合約是在本司法管轄權範圍內與或透過一名代理人締結的，而該名代理人是在本

司法管轄權範圍內居住或經營業務的個人，或是在本司法管轄權範圍內設有註冊辦事

處或營業地點的法人團體，及

(b) 該名代理人所代為行事的委託人，在該合約締結時及在該申請提出時，均並非屬上述

情況的個人或法人團體，及

則法庭可批准將開展關於該合約的訴訟的令狀的送達，對該名代理人而非委託人完成。

(2) 根據本條規則作出的批准將令狀送達被告人的代理人的命令，必須定出被告人必須作送達

認收的時限。 (2008年第152號法律公告)

(3) 凡根據本條規則作出命令，批准將令狀送達被告人的代理人，一份該命令及令狀的文本，

必須以郵遞方式送往被告人在本司法管轄權範圍外的地址。

3. 依據合約而送達令狀(第10號命令第3條規則)

(1) 凡─

(a) 合約載有一項條款，表明原訟法庭具有司法管轄權聆訊並裁定就某合約進行的任何訴

訟，或即使沒有該項條款，原訟法庭仍具有司法管轄權聆訊並裁定任何該等訴訟，及

(1998年第25號第2條)

(b) 合約訂定，在就該合約而進行的任何訴訟開展時，藉以開展該宗訴訟的法律程序文

件，可按合約所指明的方式或按合約所指明的地點(不論是在本司法管轄權範圍之內或

之外)送達被告人，或送達合約所指明的代表被告人的其他人，

則如就該合約進行的訴訟是在法院開展及藉以開展該宗訴訟的令狀是按照合約的條款而送達，除第

(2)款另有規定外，該令狀須當作已妥為送達被告人。

(2) 按照合約的條款而在本司法管轄權範圍外送達的令狀，除非已獲根據第11號命令第1(1)條

規則批予許可在本司法管轄權範圍外送達或獲根據第11號命令第1(2)條規則容許在並無許可的情況

下送達，否則不得憑藉第(1)款而當作已妥為送達被告人。

4. 在某些就處所或土地的管有而提出的訴訟中

的令狀送達(第10號命令第4條規則)

(1) 凡令狀註有要求收回處所或土地或交回處所或土地的管有的申索，法庭─

(a) 如在接獲單方面申請後，信納看似無人管有該處所或土地及不能以其他方式完成對任

何被告人送達，可批准以在該處所或土地的顯眼部分張貼令狀的文本的方式，完成對

該被告人的送達；

(b) 如在接獲該申請後，信納看似無人管有該處所或土地及不能以其他方式完成對任何被

告人送達，可命令將以在該處所或土地的顯眼部分張貼令狀的文本的方式完成的送

達，視為對該被告人作出的妥善送達。

(香港)(2) 凡令狀註有要求收回處所或土地或交回處所或土地的管有的申索，一份令狀的文本須張

貼於被要求收回或交回管有的處所或土地的顯眼地方或入口，但此舉只是增補而非替代任何其他送

達方式。

5. 原訴傳票、動議通知書或呈請書的送達

(第10號命令第5條規則)

第 4A 章 - 《高等法院規則》 19

(1) 本命令的前述規則在加以必要的變通後，適用於原訴傳票(單方面原訴傳票或根據第113號

命令發出的原訴傳票除外)，一如其適用於令狀，但原訴傳票的送達認收書須採用附錄A表格15或15A

的格式(以適用者為準)。 (2008年第152號法律公告)

(2) 第1(1)、(2)、(3)及(4)條規則在加以必要的變通後，適用於原訴動議通知書及呈請書，一

如其適用於令狀。

命令： 11 在本司法管轄權範圍外送達法律程序文件等 L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

1. 准許在本司法管轄權範圍外送達令狀的

主要情況(第11號命令第1條規則)

(1) 如某令狀並非本條規則第(2)款所適用者，而在藉該令狀開展的訴訟中有以下情況，則在法

庭許可下，將該令狀在本司法管轄權範圍外送達是容許的─ (1990年第363號法律公告)

(a) 濟助是針對一名其居籍或本籍是在本司法管轄權範圍內或通常在該範圍內居住的人而

尋求的；

(b) 有人尋求授予強制令，以命令被告人在本司法管轄權範圍內作出或不得作出任何事情

(不論是否亦就該事情的作出或沒有作出而申索損害賠償)；

出，而一名在本司法管轄權範圍外的人是申索的必要的一方或恰當的一方；

(d) 提出申索是為了強制執行、撤銷、解除、廢止或以其他方式影響一份合約，或就一份

合約的違反追討損害賠償或取得其他濟助；而該份合約(在上述任何一種情況中)是─

(i) 在本司法管轄權範圍內訂立，或

(ii)由或透過一名在本司法管轄權範圍內營商或居住的代理人，代表一名在本司法管

轄權範圍外營商或居住的委託人訂立，或

(iii) 因其條款或隱含情況而受香港法律管限，或

(iv)載有一項條款，表明原訟法庭具有司法管轄權聆訊並裁定就該合約進行的任何訴

訟； (1998年第25號第2條)

(e) 申索是就在本司法管轄權範圍內違反一份在本司法管轄權範圍以內或以外訂立的合約

而提出，即使在該違約事件發生的先前或同時有一項在本司法管轄權範圍外作出的違

約事件發生，致令該份合約中本應在本司法管轄權範圍內履行的部分無法履行(如情況

是如此的話)；

(f) 申索是基於一項侵權行為而提出，而損害是因一項在本司法管轄權範圍內作出的作為

而產生或造成；

(g) 訴訟的全部標的物，是處於本司法管轄權範圍內的土地(不論土地有租金或收益與

否)，或是關於處於本司法管轄權範圍內的土地的證供的繼續留存；

(h) 提出申索是為了對影響處於本司法管轄權範圍內的土地的作為、契據、遺囑、合約、

義務或法律責任作解釋、作更正、作廢或作強制執行；

(i) 提出申索是為了追討以處於本司法管轄權範圍內的不動產作保證的債項，或是為了主

張、宣布或決定處於本司法管轄權範圍內的動產的所有權或管有權的權利或保證的權

利，或是為了取得處置處於本司法管轄權範圍內的動產的權能；

(j) 提出申索是為了執行某份書面文書的信託，而信託是應按照香港法律執行的，並且有

關申索的令狀須予送達的人是一名受託人，或提出申索是為了取得可在任何該等訴訟

中取得的任何濟助或補救；

第 4A 章 - 《高等法院規則》 20

(k) 提出申索是為了去世時其居籍或本籍在本司法管轄權範圍內的人的遺產管理，或是為

了可在任何該等訴訟中取得的任何濟助或補救；

(l) 申索是在第76號命令所指的遺囑認證訴訟中提出；

(m) 提出申索是為了強制執行任何判決或仲裁裁決；

(n) 申索是根據《航空運輸條例》(第500章)提出。 (1997年第13號第20條)

(o) (由1996年第296號法律公告廢除)

(oa) 申索是根據《刑事事宜相互法律協助條例》(第525章)提出的； (1997年第87號

第36條)

(ob) 申索是為了要求根據本條例第52B(2)條就某爭議的訟費及附帶訟費作出命令；

(2008年第152號法律公告)

(oc) 申索是為了要求根據本條例第21M(1)條批予臨時濟助或委任接管人； (2008年第

152號法律公告)

(od) 申索是為了要求根據本條例第52A(2)條作出針對並非有關法律程序一方的人支付

訟費的命令； (2008年第152號法律公告)

(p) 提出申索是為了追討一筆獲得及收到的款項，或是為了要求被告人作為法律構定的受

託人而作出交代，或是針對作為法律構定的受託人的被告人而尋求其他濟助；而被告

人所被指稱的法律責任是由於在本司法管轄權範圍內作出的作為所引致，不論該等作

為是由被告人或是由其他人作出。 (1991年第404號法律公告)

(2) 如藉某令狀提出的每一宗申索均屬以下情況，則在本司法管轄權範圍外送達該令狀，是無

須法庭許可而容許的─

(b) 該宗申索是原訟法庭憑藉任何成文法律具有權力聆訊並裁定的申索，即使申索所針對

的人並非在法院的司法管轄權範圍內，或引致申索的錯誤作為、疏忽或過失並非在法

院的司法管轄權範圍內發生。 (1998年第25號第2條；2008年第152號法律公告)

(3) 凡令狀根據第(2)款須在本司法管轄權範圍外送達，則須在令狀填上的獲送達令狀的被告人

所必須作送達認收的時限，須─ (2008年第152號法律公告)

(香港)(4) 本條規則不適用於以下令狀─

(a) 用以強制執行就以下事宜所產生的損壞、人命損失或人身傷害而提出的申索的令狀─

(i) 船舶之間的碰撞；

(ii)2艘或多於2艘的船舶中有1艘或多於1艘進行或不進行船艘操縱；或

(iii) 2艘或多於2艘的船舶中有1艘或多於1艘不遵從根據《商船(安全)條例》(第

369章)第93、100或107條訂立的規例；

(b) 用以局限第75號命令第1(2)條規則所界定的局限法律責任訴訟中的法律責任的令狀；

或

《1974年商船法令》 # (1974 c. 43 U.K.)⊕第4條提出的申索的令狀。 (1990年第363

號法律公告)

4. 在本司法管轄權範圍外送達令狀的許可的申請

及批予(第11號命令第4條規則)

(1) 根據第1(1)條規則要求批予許可的申請，必須由誓章支持，誓章須述明─

(a) 提出申請的理由；

(b) 宣誓人相信原告人有好的訴訟因由；

第 4A 章 - 《高等法院規則》 21

(d) (如申請是根據第1(1)(c)條規則提出)宣誓人相信原告人與令狀所送達的人之間有實在

的爭論點的理由，而該爭論點是原告人可合理地要求法庭審訊的。

(2) 除非有足夠理由使法庭覺得就有關案件而言，根據本命令在本司法管轄權範圍外送達令狀

是恰當的，否則不得批予許可。

(4) 根據第1條規則批予許可在本司法管轄權範圍外送達令狀的命令，必須定出令狀須予送達的

被告人必須作送達認收的時限。 (2008年第152號法律公告)

5. 在本司法管轄權範圍外送達令狀：一般規定

(第11號命令第5條規則)

(1) 即使令狀須在本司法管轄權範圍外送達，除本條規則的以下條文另有規定外，第10號命令

第1(1)、(4)及(5)及(6)條規則以及第65號命令第4條規則仍適用於令狀的送達，但隨附的送達認收

書須按適當的方式加以變更。

(2) 如送達須在某國家境內或某地方完成，本條規則、第5A條規則，或任何憑藉本條規則或第

5A條規則作出的法庭的命令或指示，不得批准或規定任何人在該國家境內或該地方作出違反該國家

或該地方的法律的任何事情。 (1999年第39號法律公告)

(3) 須在本司法管轄權範圍外送達的令狀─

(a) 只要是按照送達是在其境內完成的國家的法律或完成送達的地方的法律而送達須予送

達的人，則無須面交送達該人；及

(b) 如是以第5A條規則、第6條規則或第7條規則所訂定的方法送達，則無須由原告人或其

代理人送達。 (1999年第39號法律公告)

(5) 一份由以下機構發出的正式證明書，述明就某令狀而言第5A條規則或第6條規則已予遵從及

該令狀已於某指明的日期面交送達某人或已按照送達已在其境內完成的國家的法律或完成送達的地

方的法律送達者，須為如此述明的事實的證據─

(a) 在該國家或該地方的英國領事機構，或

(b) 該國家或該地方的政府或司法機構，或

告)

(6) 一份由政務司司長發出的正式證明書，述明令狀已按照根據第7條規則作出的請求於某指明

的日期妥為送達者，須為該項事實的證據。 (1997年第362號法律公告)

(7) 一份看來是第(5)或(6)款所述證明書的文件，須當作為該證明書，直至相反證明成立為

止。

(8) 在本條規則及第6條規則中，《海牙公約》(the Hague Convention) 指於1965年11月15日

就在海外送達民事或商業事宜中的司法或非司法文件一事而在海牙簽署的公約。

5A. 透過司法機構在中國內地送達令狀

(第11號命令第5A條規則)

(1) 凡按照本規則須在中國內地將令狀送達須予送達的人，則該令狀須透過中國內地的司法機

構送達。

(2) 任何人如欲根據第(1)款送達令狀，必須向登記處遞交一份請求作出該項送達的請求書，連

同令狀的文本兩份，並須就須予送達的人額外遞交兩份令狀文本。

(3) 根據第(2)款遞交的請求書必須載有以下資料─

第 4A 章 - 《高等法院規則》 22

(a) 須予送達的人的姓名或名稱及地址；

(b) 對法律訴訟程序所屬性質的描述；及

法。

(4) 每份根據第(2)款遞交的令狀文本均須以中文寫成，或附同中文譯本。

(5) 每份根據第(4)款遞交的譯本，均須由擬備該份譯本的人核證為正確譯本；而核證書並必須

載有一項關於該人的姓名或名稱、地址及以何種資格擬備該份譯本的陳述。

(6) 根據第(2)款妥為遞交的文件，須由司法常務官送交中國內地的司法機構，並須附同一份請

求書，請求中國內地的司法機構安排送達令狀，或如已有根據第(3)(c)款示明某一特定的送達方

法，則請求以該方法送達令狀。

(1999年第39號法律公告)

6. 透過外國政府、司法機構及英國領事在海外

送達令狀(第11號命令第6條規則)

(1) 除屬令狀須依據第(2A)款送達的情況外，本條規則不適用於在以下地方的送達─

(香港)(a) 大不列顛聯合王國、北愛爾蘭、海峽群島及萌島；

(b) 任何獨立的英聯邦國家；

(香港)(c) 任何英國保護國；

(香港)(d) 任何英國殖民地；

(e) 愛爾蘭共和國。

(2) 凡按照本規則令狀須在某國家送達被告人，而就該國家而言，已有一份民事訴訟程序公約

(並非《海牙公約》)存續，以對法院的法律程序文件在該國家境內的送達作出規定，則令狀可─

(a) 透過該國家的司法機構送達；或

(b) 透過在該國家的英國領事機構送達(須受該份公約中與可獲如此送達令狀的人國籍有關

的條文規限)。

(2A) 凡按照本規則令狀須在屬《海牙公約》成員國的某國家送達被告人，令狀可─

(a) 透過根據該公約就該國家指定的機構送達；或

(b) (如該國家的法律准許)─

(i) 透過該國家的司法機構送達，或

(ii)透過在該國家的英國領事機構送達。

(3) 凡按照本規則令狀須在某國家送達被告人，而就該國家而言，並無一份民事訴訟程序公約

存續，以對原訟法庭的法律程序文件在該國家境內的送達作出規定，則令狀可─ (1998年第25號第

2條)

(a) (如該國家的政府願意完成送達)透過該國家的政府送達；或

(b) 透過在該國家的英國領事機構送達，但如透過該機構送達令狀是違反該國家的法律則

除外。

(4) 任何人如意欲以第(2)、(2A)或(3)款所指明的方法送達令狀，必須向登記處遞交一份請求

以該方法送達令狀的請求書，連同令狀的文本一份，並另加一份令狀文本予每一名須予送達的人。

(5) 每份根據第(4)款遞交的令狀文本，必須附同送達須在其境內完成的國家的法定語文譯本，

或如該國家有超過一種法定語文，則譯本可用該等語文中任何一種在送達完成所在地點適用的語文

譯成：

但除非送達將根據第(2)款完成，而有關的民事訴訟程序公約就令狀文本是在其境內送達的國家

而明文規定令狀文本須附同譯本，否則如送達是在其境內完成的國家的法定語文為英文或包括英

第 4A 章 - 《高等法院規則》 23

文，或送達是在任何國家透過英國領事機構向英籍人士完成的，本款並不適用於有關的令狀文本。

(6) 每份根據第(5)款遞交的譯本，必須由擬備該份譯本的人核證為正確譯本；核證書並必須載

有一項關於該人的全名、地址及以何種資格擬備該份譯本的陳述。

(7) 根據第(4)款妥為遞交的文件，須由司法常務官送交政務司司長，並須附同一份請求書，請

求政務司司長安排以根據第(4)款遞交的請求書內示明的方法送達令狀，或在如此示明的方法有多種

時，以該等方法中最方便的一種送達令狀。 (1997年第362號法律公告)

7. 向外國送達法律程序文件

(第11號令第7條規則)

(1) 除第(4)款另有規定外，已獲根據第1條規則批予許可向《1978年國家豁免權法令》(1978

c. 33 U.K.)第14條所界定的某個國家送達某令狀的人，如意欲向該國家送達該令狀，必須向登記處

遞交─

(a) 一份請求政務司司長安排該項送達的請求書；及 (1997年第362號法律公告)

(b) 該令狀的文本一份；及

文為英文或該一方的法定語文包括英文則除外。

(2) 第6(6)條規則適用於根據本條規則第(1)款遞交的譯本，一如其適用於根據該條規則第(5)

款遞交的譯本。

(3) 根據本條規則妥為遞交的文件，須由司法常務官送交政務司司長，並須附同一份請求書，

請求政務司司長安排向有關國家或政府送達令狀(視屬何情況而定)。 (1997年第362號法律公告)

(4) 凡《1978年國家豁免權法令》** (1978 c. 33 U.K.)第12(6)條適用而有關國家已同意令狀

可用以上各款所訂定的方法以外的方法送達，則令狀可用經同意的方法送達或按照本條規則以上各

款送達。

7A. 根據《航空運輸條例》提出的某些訴訟中

令狀的送達(第11號命令第7A條規則)

(香港)(1) 凡任何人獲根據第1條規則批予許可，向《航空運輸條例》(第500章)第2(1)條所指的

某一締約方或當事國(視何者屬適當而定)送達某令狀，以開展強制執行就該締約方或當事國(視何者

屬適當而定)承擔的運輸而提出的申索的訴訟，而該人意欲向該締約方或當事國(視何者屬適當而定)

送達該令狀，則須向登記處遞交─ (1997年第13號第20條；2005年第22號第26條)

(a) 一份請求政務司司長安排該項送達的請求書；及

(b) 該令狀的文本一份；及

狀譯本，但如該締約方或當事國(視何者屬適當而定)的法定語文為英文或該締約方或

當事國(視何者屬適當而定)的法定語文包括英文則除外。

(2) 第6(6)條規則適用於根據本條規則第(1)款遞交的譯本，一如其適用於根據該條規則第(5)

款遞交的譯本。

(3) 根據本條規則妥為遞交的文件，須由司法常務官送交政務司司長，並須附同一份請求書，

請求政務司司長安排向有關締約方或當事國(視何者屬適當而定)送達令狀。

(1997年第362號法律公告；2005年第22號第26條)

8. 承諾支付政務司司長送達令狀的開支

第 4A 章 - 《高等法院規則》 24

(第11號命令第8條規則)

根據第6(4)條規則、第7條規則或第7A條規則遞交的每一份請求書，均必須載有作出請求的人的

承諾，承諾會個人負責支付政務司司長就所請求作出的送達而招致的所有開支，並承諾會在接獲該

等開支款額的正式通知時，向庫務署繳付該筆款項及向司法常務官交出付款收據。

(1997年第362號法律公告)

8A. 承諾支付司法常務官送達令狀的開支

(第11號命令第8A條規則)

每一份根據第5A條規則遞交的請求書，均須載有作出請求的人的承諾，承諾會個人負責支付司

法常務官就所請求作出的送達而招致的所有開支，並承諾會在接獲該等開支款額的正式通知時，向

庫務署繳付該筆款項及向司法常務官交出付款收據。

(1999年第39號法律公告)

9. 原訴傳票、呈請書、動議通知書等的送達

(第11號命令第9條規則)

(1) 除第73號命令第7條規則另有規定外，本命令第1條規則適用於原訴傳票、動議通知書或呈

請通知書在本司法管轄權範圍外的送達，一如其適用於令狀的送達。

(4) 除第73號命令第7條規則另有規定外，將在任何法律程序中發出、給予或作出的傳票、通知

書或命令在本司法管轄權範圍外送達，在法庭許可下是容許的；但如在任何法律程序中，有令狀、

原訴傳票、動議或呈請書是藉本規則或根據任何成文法律可無需許可而在本司法管轄權範圍外送達

的，則該項送達無需法庭許可。 (2008年第152號法律公告)

(5) 在可予適用的範圍內，第4(1)、(2)及(3)條規則適用於要求根據本條規則批予許可的申

請，一如其適用於根據第1條規則要求批予許可的申請。

(6) 根據本條規則批予許可在本司法管轄權範圍外送達原訴傳票的命令，必須定出傳票須予送

達的被告人必須作送達認收的時限。 (2008年第152號法律公告)

(7) 第5、5A、6、8及8A條規則適用於任何已獲根據本條規則批予許可在本司法管轄權範圍外送

達的文件，一如其適用於令狀。 (1999年第39號法律公告)

___________________________________________________________________________

註：

* “《1971年商船(油類污染)法令》”乃“Merchant Shipping (Oil Pollution) Act 1971”之譯

名。 #

“《1974年商船法令》”乃“Merchant Shipping Act 1974”之譯名。 ⊕ 並請參閱以下條文─

(a) 就《1894年商船法令》而言，第415章附表5第3部及第508章附表2第1條；

(b) 就1894至1979年的《商船法令》(Merchant Shipping Acts) 而言，第281章第117條、第

415章第103條及第478章第142條。

** 《1978年國家豁免權法令》”乃“State Immunity Act 1978”之譯名。

命令： 12 令狀或原訴傳票的送達認收 v 02/04/2009

1. 送達認收的方式(第12號命令第1條規則)

第 4A 章 - 《高等法院規則》 25

(2008年第152號法律公告)

(1) 除第(2)款及第80號命令第2條規則另有規定外，藉令狀開展的訴訟的被告人(不論是否作為

受託人或遺產代理人而被起訴，亦不論是否以任何其他代表的身分而被起訴)，可對令狀作送達認

收，並可由律師代表或親自就該訴訟作抗辯。

(2) 如該訴訟的被告人為法人團體，則被告人可由律師或獲正式授權代表該被告人行事的人對

令狀作送達認收並就該訴訟發出擬抗辯通知書，但除非任何成文法則或根據任何成文法則明文訂定

或有根據第(2A)款給予的許可，批准該被告人由其一名董事代表，否則該被告人不得在該訴訟中不

經由律師代表而採取任何進一步的步驟。

(2A)(a) 法人團體要求許可由其一名董事代表的申請，須單方面向司法常務官提出，申請書須

由該名董事所作出並與申請書一併送交存檔的誓章支持，誓章須述明並核實應給予法

人團體許可讓其由該名董事代表的理由。 (1994年第103號法律公告；2002年第108號

法律公告)

(b) 法人團體的董事局授權該名董事在獲批予許可後代表法人團體出庭的決議，須附於誓

章作為證物。

(2B)不得提出來自司法常務官根據第(2A)款作出的給予或拒絕給予許可的命令的上訴。

(2C)司法常務官根據第(2A)款給予的許可，可被法庭在任何時間撤銷。

(2D)不得提出來自法庭撤銷司法常務官所給予的許可的命令的上訴。

(3) 對令狀作送達認收，方式可以是將第3條規則所界定的送達認收書妥為填寫並在登記處交回

或以郵遞方式送交登記處。

(4) 如訴訟中有2名或多於2名的被告人由同一名律師在同一時間代表作送達認收，則只需為該

等被告人填寫並交付一份送達認收書。

(5) 送達認收的日期，為登記處收到送達認收書的日期。

(2008年第152號法律公告)

3. 送達認收書(第12號命令第3條規則)

(1) 送達認收書必須採用附錄A表格14、15或15A的格式(以適用者為準)，且除非第1(2)條規則

另有訂定，否則必須由認收書所指明的代表被告人行事的律師簽署，或如被告人是親自行事，則必

須由被告人簽署。 (2008年第152號法律公告)

(2) 送達認收書─

(a) 如屬被告人親自作送達認收的情況，必須指明被告人居住地點的地址，如被告人的居

住地點並非在本司法管轄權範圍內或被告人並無居住地點，則必須指明某個在本司法

管轄權範圍內的地點的地址，以將給予被告人的文件在該地址交付或送交，及

(b) 如屬被告人由一名律師代表作送達認收的情況，必須指明該名律師在本司法管轄權範

圍內的營業地址，該地址並可附加某文件轉遞處的一個信箱號碼；

而凡被告人親自作送達認收，根據(a)段指明的在本司法管轄權範圍內的地址即為被告人的送達地

址，但如被告人並非親自作送達認收，則被告人的律師的營業地址為被告人送達地址。

就法人團體而言，凡(a)段提述被告人居住地點之處，須解釋為提述被告人的註冊或主要辦事

處。

(3) 凡被告人是由律師代表作送達認收，而該名律師是作為另一名在本司法管轄權範圍內有營

業地點的律師的代理人而行事，則認收書必須述明首先提及的律師是如此行事的，並必須述明該另

一名律師的姓名及地址。

(4) 如送達認收書未有指明被告人的送達地址，或法庭信納送達認收書所指明的地址非屬真

第 4A 章 - 《高等法院規則》 26

實，則法庭可應原告人的申請，將該認收書作廢，或命令被告人提供一個地址或一個真實的送達地

址(視屬何情況而定)；並可在任何情況下指示就第10號命令第1(5)條規則及第65號命令第9條規則而

言，該認收書仍屬有效。

(2008年第152號法律公告)

4. 收到送達認收書時的程序

(第12號命令第4條規則)

登記處人員在收到送達認收書時，必須─

(a) 在認收書上蓋上官方印章，示明他收到認收書的日期；

(b) 將認收書在訟案登記冊予以記載，並(如情況是如此的話)加上註明，示明被告人已在

認收書內表示擬就法律程序提出爭議，或擬就在法律程序中已取得的判他敗訴的任何

判決申請擱置執行；

份副本按原告人的送達地址以郵遞方式送交原告人或原告人的律師(視屬何情況而

定)。

5. 送達認收的時限(第12號命令第5條規則)

(2008年第152號法律公告)

本規則中凡提述送達認收的時限之處─ (2008年第152號法律公告)

(a) 如屬在本司法管轄權範圍內送達的令狀，即為提述令狀送達後14天(包括送達當日)，

或凡該時限已由本規則或憑藉本規則延展，則為提述該獲如此延展的時限；及

(b) 如屬在本司法管轄權範圍外送達的令狀，即為提述根據第10號命令第2(2)條規則、第

11號命令第1(3)條規則或第11號命令第4(4)條規則而定的時限，或凡該時限已如前述

般獲延展，則為提述該獲如此延展的時限。

6. 過期送達認收(第12號命令第6條規則)

(2008年第152號法律公告)

(1) 除非經法庭許可，否則被告人不得在已有判決取得的訴訟中發出擬抗辯通知書。

(2) 除第(1)款所規定外，本規則或根據本規則發出的任何令狀或作出的任何命令，不得解釋為

阻止被告人在一宗訟案中在送達認收的時限後作送達認收，但如被告人在該段時限後作送達認收，

則除非法庭另有命令，否則被告人無權在遲於假若他是在該段時限內作送達認收他本有權送達抗辯

書或作出任何其他作為的時限，送達抗辯書或作出任何該等其他作為。 (2008年第152號法律公告)

7. 認收不構成放棄權利(第12號命令第7條規則)

被告人對令狀所作的送達認收，不得視作他對令狀或令狀的送達的任何不符合規定之處放棄其

權利，或視作他對任何給予許可送達令狀或為送達令狀而延展令狀的有效期的命令的任何不符合規

定之處放棄其權利。 (2008年第152號法律公告)

8. 關於司法管轄權的爭議(第12號命令第8條規則)

第 4A 章 - 《高等法院規則》 27

(1) 被告人如意欲因第7條規則所述的任何不符合規定之處或基於任何其他理由而就法院在法律

程序中的司法管轄權提出爭議，須就法律程序發出擬抗辯通知書，並須在送達抗辯書的時限內，向

法庭申請─

(a) 一項將令狀作廢或將令狀向被告人的送達作廢的命令，或

(b) 一項宣布令狀未曾妥為送達被告人的命令，或

(d) 撤銷任何為送達令狀而延展令狀有效期的命令，或

(e) 保護或發還被告人在法律程序中被檢取或受檢取威脅的任何財產，或

(f) 撤銷任何為阻止處理被告人的任何財產而作出的命令，或

(g) 宣布在該宗案件的情況下，法院就申索的標的物或在訴訟中所尋求的濟助或補救而

言，對被告人並無司法管轄權，或

(ga) 一項擱置該法律程序的命令，或 (2008年第152號法律公告)

(h) 適當的其他濟助。

(2) 如被告人意欲辯稱基於第(2A)款指明的一個或多於一個理由或任何其他理由，法院不應在

有關法律程序中行使其司法管轄權，被告人亦須就該法律程序發出擬抗辯通知書，並須在送達抗辯

書的時限內，向法庭申請—

(a) 一項宣布，宣布在該宗案件的情況下，法院不應行使所具有的任何司法管轄權，或

(b) 一項擱置該法律程序的命令，或

(2A)為第(2)款的目的而指明的理由為—

(a) 考慮到法律程序中的各方及證人的最佳利益及方便，該法律程序應在另一法院進行，

(b) 被告人有權倚據原告人屬協議方的排除法院的司法管轄權的協議，及

其他法律程序。 (2008年第152號法律公告)

(3) 根據第(1)或(2)款提出的申請必須藉傳票提出，而該傳票必須述明該申請的理由。 (2008

年第152號法律公告)

(4) 根據第(1)或(2)款提出的申請，必須由一份核實申請所依據事實的誓章支持，而該誓章的

一份文本必須與藉以作出申請的傳票一併送達。

(5) 法庭在聆訊根據第(1)或(2)款提出的申請時，如並無處置有爭議的事宜，則可為處置該事

宜作出適當指示，包括指示將該事宜作為初步爭論點而審訊。

(6) 根據第(1)或(2)款提出申請的被告人，不得因其曾就有關訴訟發出擬抗辯通知書而被視作

願受法院的司法管轄權管轄；但如法庭沒有應有關申請作出命令，或法庭將該申請駁回，則除非法

庭另有指示，否則該通知書須維持有效，而被告人須被視作已就有關訴訟發出擬抗辯通知書。

(6A)如法庭沒有應根據第(1)或(2)款提出的申請作出命令，或法庭將該申請駁回，法庭可就送

達抗辯書及進一步進行有關法律程序，作出適當指示。 (2008年第152號法律公告)

(7) 被告人對令狀所作的送達認收，除非認收根據第21號命令第1條規則藉法庭許可而撤回，否

則須視作被告人在法律程序中願受法院的司法管轄權管轄，但如被告人是按照第(1)或(2)款提出申

請的，則屬例外。

(2008年第152號法律公告)

8A. 令狀未有送達而被告人提出申請

(第12號命令第8A條規則)

(1) 任何在令狀中被指名為被告人的人，如未獲送達令狀，可向原告人送達通知書，要求原告

第 4A 章 - 《高等法院規則》 28

人在一段指定期限內(不少於通知書送達後14天)，向被告人送達令狀或中止針對被告人的訴訟。

(2) 凡原告人沒有在指明的時限內遵從根據第(1)款發出的通知書，法庭可應被告人藉傳票提出

的申請，命令撤銷該宗訴訟或作出其認為適合的其他命令。

(3) 根據第(2)款發出的傳票，必須由一份核實申請所依據事實的誓章支持，誓章並須述明被告

人擬就有關法律程序提出爭議，而該誓章的一份文本必須與傳票一併送達。

(4) 凡原告人遵從根據第(1)款發出的通知書或遵從根據第(2)款作出的命令而送達令狀，被告

人必須在送達認收的時限內作送達認收。

(2008年第152號法律公告)

9. 對原訴傳票作送達認收

(第12號命令第9條規則)

(2008年第152號法律公告)

(1) 在原訴傳票(單方面原訴傳票或根據第113號命令發出的原訴傳票或根據第121號命令提出的

申請除外)中被指名並獲送達原訴傳票的被告人，必須對原訴傳票作送達認收，猶如原訴傳票是令狀

一樣。 (2008年第152號法律公告)

(3) 本命令的前述規則，適用於原訴傳票(單方面原訴傳票或根據第113號命令發出的原訴傳票

或根據第121號命令提出的申請除外)，一如其適用於令狀，但在第5(a)條規則中，凡有“延展”一

詞出現之處，均須在其後加上“或縮短”等字；而在第5(b)條規則中凡提述第11號命令第1(3)及

4(4)條規則之處，則須代以第11號命令第9(6)條規則。

(1998年第119號法律公告)

10. 送達認收須視作呈交應訴書

(第12號命令第10條規則)

(2008年第152號法律公告)

如任何成文法則表明或暗示，呈交應訴書是法院規則所訂定的對由原訟法庭發出或根據任何法

律規則發出的令狀或其他法律程序文件作出回應的程序，則就該成文法則而言，按照本規則對令狀

或其他法律程序文件作送達認收，須視作就令狀或其他法律程序文件呈交應訴書，有關的詞句亦須

據此解釋。

(1998年第25號第2條；2008年第152號法律公告)

11. 關乎《2008年修訂規則》第86條的過渡性

條文(第12號命令第11條規則)

凡根據第8(1)條規則提出的申請在緊接《2008年修訂規則》生效*前仍然待決，則該申請須在猶

如《2008年修訂規則》第86條並未訂立的情況下裁定。

(2008年第152號法律公告)

__________________________________________________________________________

註：

* 生效日期：2009年4月2日。

第 4A 章 - 《高等法院規則》 29

命令： 13 沒有發出擬抗辯通知書 L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

1. 就經算定的索求款項而提出申索

(第13號命令第1條規則)

(1) 凡令狀註有只就一筆經算定的索求款項而針對被告人提出的申索，如被告人沒有發出擬抗

辯通知書，則原告人可在訂明的時限過後，就一筆不超逾令狀所申索的索求款額的款項以及訟費，

登錄被告人敗訴的最終判決，並可針對其他被告人(如有的話)繼續進行有關訴訟。 (見附錄A表格

39)

(2) 就本條規則而言，不得僅因某宗申索的一部分是根據本條例第48條申索利息(利率不高於在

有關令狀的日期須就判定債項而支付的利率)，而不將該宗申索視作就一筆經算定的索求款項提出的

申索。

2. 就未經算定的損害賠償而提出申索

(第13號命令第2條規則)

凡令狀註有只就一筆未經算定的損害賠償而針對被告人提出的申索，如該被告人沒有發出擬抗

辯通知書，則原告人可在訂明的時限過後，就損害賠償(有待評估)及訟費，登錄被告人敗訴的非正

審判決，並可針對其他被告人(如有的話)繼續進行有關訴訟。 (見附錄A表格40)

3. 就扣留貨物提出申索(第13號命令第3條規則)

(1) 凡令狀註有只就扣留貨物而針對某被告人提出的申索，如該被告人沒有發出擬抗辯通知

書，則除第42號命令第1A條規則另有規定外，原告人可在訂明的時限過後─

(a) 選擇─

(i) 登錄該被告人敗訴須交付貨物或支付貨物的價值(有待評估)並支付訟費的非正審

判決；或

(ii)登錄判給貨物的價值(有待評估)並支付訟費的非正審判決；或

(b) 藉傳票申請登錄該被告人敗訴須交付貨物的判決，而不讓該被告人有支付貨物的價值

(有待評估)的選擇，

並在任何情況下，針對其他被告人(如有的話)繼續進行有關訴訟。 (見附錄A表格41)

(2) 根據第(1)(b)款發出的傳票，必須由誓章支持，而儘管有第65號命令第9條規則的規定，傳

票及誓章文本仍必須送達所尋求的判決所針對的被告人。

4. 就土地的管有而提出申索

(第13號命令第4條規則)

(1) 凡令狀註有只就土地的管有而針對被告人提出的申索，如被告人沒有發出擬抗辯通知書，

則原告人可在訂明的時限過後，並在交出一份由其律師發出的證明書或(如他是親自起訴的話)一份

誓章，述明他在有關訴訟中並非申索任何性質屬於第88號命令第1條規則所指明的濟助後，就土地的

管有及訟費，登錄該被告人敗訴的判決，並可針對其他被告人(如有的話)繼續進行有關訴訟。 (見

附錄A表格42)

(5) 凡被告人多於一名，則根據本條規則登錄的判決，不得針對任何一名被告人而強制執行，

除非與直至就土地的管有而判所有被告人敗訴的判決已予以登錄。

第 4A 章 - 《高等法院規則》 30

5. 混合申索(第13號命令第5條規則)

凡針對任何被告人發出的令狀註有前述規則所述的兩項或多於兩項申索，而並無註有其他申

索，如該被告人沒有發出擬抗辯通知書，則原告人可在訂明的時限過後，就任何該等申索，針對該

被告人登錄假若該項申索是令狀所註有的唯一申索他即有權根據該等規則登錄的判決，並可針對其

他被告人(如有的話)繼續進行有關訴訟。

6. 其他申索(第13號命令第6條規則)

(1) 凡令狀註有不屬於第1至4條規則所述類別的申索，如任何被告人沒有發出擬抗辯通知書，

則原告人可在訂明的時限過後，並在將一份證明已向被告人妥為送達令狀的誓章送交存檔(如該被告

人未有作送達認收)及經向被告人送達一份申索陳述書(如該份申索書並無在令狀上註明或並無與令

狀一併送達)後，繼續進行有關訴訟，猶如該被告人已發出擬抗辯通知書一樣。 (2008年第152號法

律公告)

(2) 凡針對被告人發出的令狀是如前述般加有註明，但由於被告人已了結申索或遵從申索的要

求，或由於其他相類的原因，原告人已不需要繼續進行有關訴訟，則如被告人沒有發出擬抗辯通知

書，原告人可在訂明的時限過後，登錄該被告人須支付訟費的判決。

(3) (由1993年第99號法律公告廢除)

6A. 訂明的時限(第13號命令第6A條規則)

在本命令的前述規則中，就針對被告人發出的令狀而言，“訂明的時限”(the prescribed

time) 指被告人對令狀作送達認收的時限，或如被告人已在該段時段內，向登記處交回送達認收書

而認收書載有表明他不擬就有關法律程序提出爭議的陳述，則指登記處收到認收書的日期。

(2008年第152號法律公告)

7. 送達令狀的證明(第13號命令第7條規則)

(1) 不得根據本命令登錄被告人敗訴的判決，除非─

(a) 被告人已對令狀作送達認收；或 (2008年第152號法律公告)

(b) 有誓章由原告人或代原告人送交存檔，證明令狀已妥為送達被告人；或

人接受令狀的送達。

(2) 凡在藉令狀開展的訴訟中，有申請向法庭提出，要求作出影響沒有發出擬抗辯通知書的一

方的命令，則聆訊該申請的法庭，可規定須以其認為適合的方式使其信納該一方並沒有發出該通知

書。

(3) 凡看來已根據第10號命令第1(2)(a)條規則藉郵遞向被告人作出送達，而在已根據本命令登

錄被告人敗訴的判決後，送交被告人的令狀文本在未有交付收件人的情況下透過郵遞退回原告人，

則原告人在有關訴訟中採取任何步驟或進一步步驟或強制執行判決前，須─

(a) 以令狀並未妥為送達為理由而請求將判決作廢，或

(b) 向法庭申請指示。

(4) 根據第(3)(a)款作出的請求，須以向登記處的一名人員交出一份述明有關事實的誓章並將

之留交該名人員存檔的方式作出，有關判決即須據此而作廢，而在登記處為有關目的而備存的簿冊

第 4A 章 - 《高等法院規則》 31

中作出的關於判決及為強制執行判決而進行的法律程序的記項，則須作如此標識。

(5) 根據第(3)(b)款作出的申請，須藉一份述明申請所依據事實及所尋求的命令或指示的誓章

而單方面提出，而法庭可藉該申請─

(a) 將判決作廢；或

(b) 指示令狀文本雖被退回仍須視作已妥為送達；或

7A. 針對國家的判決(第13號命令第7A條規則)

(1) 凡被告人為《1978年國家豁免權法令》*(1978 c. 33 U.K.)(“法令”)第14條所界定的國

家，則原告人除非經法庭許可，否則無權根據本命令登錄判決。

(2) 要求獲得許可登錄判決的申請須由誓章支持，誓章須─

(a) 述明申請的理由，

(b) 核實將該國家摒除於法令第1條賦予的豁免權之外所倚據的事實，及

邦事務部以傳送給有關國家，或是以該國家所同意的方式送達，並核實送達認收的時

限(在適用情況下經法令第12(2)條延展兩個月)已經屆滿。 (1997年第362號法律公

告；2008年第152號法律公告)

(3) 申請可單方面提出，但聆訊該申請的法庭可指示向該國家發出並送達傳票；為該目的，該

項指示須包括有在本司法管轄權範圍外送達傳票及誓章文本的許可。

(4) 除非法庭另有指示，否則就本條規則而言，誓章可載有關於資料或所信之事的陳述以及資

料或所信之事的來源和理由，而批予根據本命令登錄判決的許可，須包括在本司法管轄權範圍外送

達以下文件的許可─

(a) 判決的文本，及

(b) 誓章的文本(如未有送達的話)。

(5) 依據按照本條規則批予的許可在本司法管轄權範圍外完成送達的程序，須與根據第11號命

令第7(1)條規則送達令狀的程序相同，但在法令第12(6)條適用及各方同意採用其他送達方法的情況

下，則屬例外。

8. 擱置執行因欠缺行動而作出的判決

(第13號命令第8條規則)

凡根據本命令登錄被告人敗訴須繳付一筆債項或經算定的索求款項的判決，而該被告人已向登

記處交回送達認收書，其中載有一項陳述，表明被告人雖不擬就法律程序提出爭辯，卻擬申請擱置

藉扣押債務人財產令狀而作的判決執行，則藉該令狀而作的判決執行須予擱置，為期14天，由送達

認收時起計；如被告人在該段時限內根據第47號命令第1條規則，向原告人發出並送達由誓章支持的

傳票以作出該項擱置，則除非法庭在給予有關各方獲聆聽的機會後另有指示，否則藉本條規則而施

加的擱置須持續，直至該傳票已作聆訊或以其他方法處置為止。

(2008年第152號法律公告)

9. 將判決作廢(第13號命令第9條規則)

在不損害第7(3)及(4)條規則的原則下，法庭可施加其認為公正的條款，而將任何依據本命令登

錄的判決作廢或更改。

第 4A 章 - 《高等法院規則》 32

___________________________________________________________________________

註：

* “《1978年國家豁免權法令》”乃“State Immunity Act 1978”之譯名。

命令： 13A 就要求支付款項而提出的申索中的承認 L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

1. 釋義(第13A號命令第1條規則)

(1) 在本命令中—

“申索”(claim)—

(a) 在原告人在訴訟中只提出一項申索的情況下，指該申索；及

(b) 在原告人在訴訟中提出多於一項申索的情況下，指該訴訟中的所有申索。

(2) 就第6(1)(b)及7(1)(b)條規則而言，如申索包括就經算定款項提出的申索及就未經算定款

項提出的申索，則申索款項視作未經算定。

2. 作出承認(第13A號命令第2條規則)

(1) 凡原告人尋求的唯一補救，是支付款項，被告人可按照下述規則作出承認—

(a) 第4條規則(承認就經算定款項而提出的整項申索)；

(b) 第5條規則(承認就經算定款項而提出的申索的部分)；

(d) 第7條規則(在被告人提議支付款項以了結申索的情況下，承認支付就未經算定款項而

提出的申索的法律責任)。

(2) 凡被告人如第(1)款所述般作出承認，原告人可登錄判決，但在下述情況則屬例外—

(a) 被告人是無行為能力的人；或

(b) 原告人是無行為能力的人，而該項承認是根據第5或7條規則作出的。

(3) 法庭如認為在考慮案件的整體情況下，容許某一方修訂或撤回某項承認是公正的，可容許

該項修訂或撤回。

(4) 在本條規則中， “無行為能力的人”(person under disability) 具有第80號命令第1條

規則給予該詞的涵義。

3. 作出承認的限期

(第13A號命令第3條規則)

(1) 將根據第4、5、6或7條規則作出的承認送交存檔和送達的限期為—

(a) (如被告人獲送達令狀)由本規則定出或根據本規則定出的被告人送達其抗辯書的限

期；

(b) (如被告人獲送達原訴傳票)由本規則定出或根據本規則定出的被告人將其誓章證據送

交存檔的限期；及

(2) 被告人可在下述限期屆滿後，將根據第4、5、6或7條規則作出的承認，送交存檔—

(a) (如原告人尚未根據第13或19號命令取得因欠缺行動而作出的判決)第(1)(a)款指明的

送交存檔限期；及

(b) (如該項承認在根據第28號命令第2條規則為聆訊有關原訴傳票而編定的日期或限期前

第 4A 章 - 《高等法院規則》 33

送交存檔和送達)第(1)(b)款指明的送交存檔限期。

(3) 如被告人根據第(2)款將承認送交存檔，則本命令適用，猶如他已作出第(1)(a)或(b)款(視

屬何情況而定)指明的承認一樣。

4. 承認就經算定款項而提出的整項申索

(第13A號命令第4條規則)

(1) 本條規則在下述情況下適用—

(a) 原告人尋求的唯一補救，是支付經算定款項；及

(b) 被告人承認整項申索。

(2) 被告人可藉下述方式，承認申索—

(a) 將採用附錄A表格16格式的承認，送交登記處存檔；並

(b) 向原告人送達該項承認的文本。

(3) 原告人可藉將採用附錄A表格16A格式的請求送交登記處存檔而取得判決，而如他作出此舉

—

(a) (如被告人尚未請求給予時間以作付款)第(5)、(6)及(7)款適用；

(b) (如被告人已請求給予時間以作付款)第9條規則適用。

(4) 如原告人沒有在有關承認的文本送達他後14天內，將要求判決的請求送交存檔，有關申索

須予擱置，直至他將該請求送交存檔為止。

(5) 原告人可在其要求判決的請求中指明—

(a) 支付整筆判定債項的最後日期；或

(b) 分期支付上述判定債項的時間及數額。

(6) 法庭凡接獲要求判決的請求，便須登錄該判決。

(7) 判決須就須按以下規定支付的有關申索款額(扣除任何已作出的付款)及訟費而作出—

(a) 在要求判決的請求所指明的日期或之前支付，或按該請求所指明的時間及數額支付；

或

(b) (如沒有作出指明)即時支付。

5. 承認就經算定款項而提出的申索的部分

(第13A號命令第5條規則)

(1) 本條規則在下述情況下適用—

(a) 原告人尋求的唯一補救，是支付經算定款項；及

(b) 被告人承認有關申索的部分，以了結整項申索。

(2) 被告人可藉下述方式，承認有關申索的部分—

(a) 將採用附錄A表格16格式的承認，送交登記處存檔；並

(b) 向原告人送達該項承認的文本。

(3) 原告人須在有關承認的文本送達他後14天內—

(a) 將採用附錄A表格16B格式的通知書，送交登記處存檔，述明—

(i) 他接受承認的款額，以了結整項申索；

(ii)他不接受被告人承認的款額，並意欲繼續進行有關法律程序；或

(iii) (如被告人已請求給予時間以作付款)他接受承認的款額，以了結整項申索，

但不接受被告人關於付款的建議；及

(b) 向被告人送達該通知書的文本。

第 4A 章 - 《高等法院規則》 34

(4) 如原告人沒有按照第(3)款將有關通知書送交存檔，整項有關申索須予擱置，直至他將該通

知書送交存檔為止。

(5) 如原告人接受已承認的款額以了結整項有關申索，他可藉將採用附錄A表格16B格式的請求

送交登記處存檔而取得判決，而如他作出此舉—

(a) (如被告人尚未請求給予時間以作付款)第(6)、(7)及(8)款適用；

(b) (如被告人已請求給予時間以作付款)第9條規則適用。

(6) 原告人可在其要求判決的請求中指明—

(a) 支付整筆判定債項的最後日期；或

(b) 分期支付上述判定債項的時間及數額。

(7) 法庭凡接獲要求判決的請求，便須登錄該判決。

(8) 判決須就須按以下規定支付的已承認的款額(扣除任何已作出的付款)及訟費而作出—

(a) 在要求判決的請求所指明的日期或之前支付，或按該請求所指明的時間及數額支付；

或

(b) (如沒有作出指明)即時支付。

6. 承認支付就未經算定款項而提出的整項申索

的法律責任(第13A號命令第6條規則)

(1) 本條規則在下述情況下適用—

(a) 原告人尋求的唯一補救，是支付款項；

(b) 有關申索的款額是未經算定的；及

(2) 被告人可藉下述方式，承認有關申索—

(a) 將採用附錄A表格16C格式的承認，送交登記處存檔；並

(b) 向原告人送達該項承認的文本。

(3) 原告人可藉將採用附錄A表格16D格式的請求送交登記處存檔而取得判決。

(4) 如原告人沒有在有關承認的文本送達他後14天內，將要求判決的請求送交存檔，有關申索

須予擱置，直至他將該請求送交存檔為止。

(5) 法庭凡接獲要求判決的請求，便須登錄該判決。

(6) 判決須就有待法庭決定的款額及就訟費而作出。

7. 在被告人提議支付款項以了結申索的情況下，承認

支付就未經算定款項而提出的申索的法律責任

(第13A號命令第7條規則)

(1) 本條規則在下述情況下適用—

(a) 原告人尋求的唯一補救，是支付款項；

(b) 有關申索的款額是未經算定的；及

(i) 承認法律責任；及

(ii)提議支付經算定款項，以了結該申索。

(2) 被告人可藉下述方式，承認有關申索—

(a) 將採用附錄A表格16C格式的承認，送交登記處存檔；並

(b) 向原告人送達該項承認的文本。

第 4A 章 - 《高等法院規則》 35

(3) 原告人須在有關承認的文本送達他後14天內—

(a) 將採用附錄A表格16E格式的通知書，送交登記處存檔，述明他是否接受有關款額，以

了結該申索；並

(b) 向被告人送達該通知書的文本。

(4) 如原告人沒有按照第(3)款將有關通知書送交存檔，有關申索須予擱置，直至他將該通知書

送交存檔為止。

(5) 如原告人接受有關提議，他可藉將採用附錄A表格16E格式的請求送交登記處存檔而取得判

決，而如他作出此舉—

(a) (如被告人尚未請求給予時間以作付款)第(6)、(7)及(8)款適用；

(b) (如被告人已請求給予時間以作付款)第9條規則適用。

(6) 原告人可在其要求判決的請求中指明—

(a) 支付整筆判定債項的最後日期；或

(b) 分期支付上述判定債項的時間及數額。

(7) 法庭凡接獲要求判決的請求，便須登錄該判決。

(8) 判決須就被告人提議的並須按以下規定支付的款額(扣除任何已作出的付款)及訟費而作出

—

(a) 在要求判決的請求所指明的日期或之前支付，或按該請求所指明的時間及數額支付；

或

(b) (如沒有作出指明)即時支付。

(9) 如原告人不接受被告人提議的款額，他可藉將採用附錄A表格16E格式的請求送交登記處存

檔而取得判決。

(10) 第(9)款所指的判決，須就有待法庭決定的款額及就訟費而作出。

8. 法庭作出指示的權力

(第13A號命令第8條規則)

凡法庭根據第6或7條規則，登錄有待法庭決定的款額的判決，法庭可作出它認為適當的指示。

9. 請求給予時間以作付款

(第13A號命令第9條規則)

(1) 根據第4、5或7條規則作出承認的被告人，可請求給予時間以作付款。

(2) 要求給予時間以作付款的請求，屬關於付款日期的建議，或屬按該請求所指明的時間及數

額分期支付款項的建議。

(3) 被告人要求給予時間以作付款的請求，必須與其承認一併送交存檔。

(4) 如原告人接受被告人要求給予時間以作付款的請求，他可藉將採用附錄A表格16A、16B或

16E(視屬何情況而定)格式的要求判決的請求送交登記處存檔而取得判決。

(5) 法庭凡接獲要求判決的請求，便須登錄該判決。

(6) 判決須就下述事宜作出—

(a) (如第4條規則適用)有關申索的款額(扣除任何已作出的付款)及訟費；

(b) (如第5條規則適用)已承認的款額(扣除任何已作出的付款)及訟費；或

以及(在所有情況下)須就在被告人要求給予時間以作付款的請求所指明的日期或之前支付或按該請

求所指明的時間及數額支付而作出。

第 4A 章 - 《高等法院規則》 36

(7) 凡判決判令按被告人要求給予時間以作付款的請求所指明的時間及數額作出分期付款，除

非法庭另有命令以及在第(8)款的規限下，否則有關判決須擱置執行，以待付款。

(8) 如被告人沒有按照有關判決，支付分期付款中的某一期付款或某一期付款的一部分，依據

第(7)款作出的擱置執行立即終止，而原告人可強制執行已判決須予支付的款額的全數支付，或任何

未清還餘額的全數支付。

10. 由法庭裁定付款的數額

(第13A號命令第10條規則)

(1) 凡被告人根據第9條規則，請求給予時間以作付款，本條規則適用。

(2) 如原告人不接受被告人就付款作出的建議，他須將採用附錄A表格16A、16B或16E(視屬何情

況而定)格式的通知書送交登記處存檔。

(3) 當法庭接獲原告人的通知書時，法庭須登錄內容如下的判決：已承認的款額(扣除任何已作

出的付款)，須在法庭裁定的日期或之前支付，或按法庭裁定的時間及數額支付。

(4) 凡法庭將要裁定付款的日期或時間及數額，法庭—

(a) 可在沒有進行聆訊下，作出該裁定；但

(b) 須考慮—

(i) 已送交登記處存檔的被告人的承認所列出的資料；

(ii)原告人不接受被告人付款建議的原因；及

(iii) 所有其他有關事宜。

(5) 如將要舉行聆訊，以裁定付款的日期或時間及數額，法庭須給予每一方最少7天的聆訊通

知。

11. 重新裁定的權利

(第13A號命令第11條規則)

(1) 凡法庭已根據第10(4)條規則，在沒有進行聆訊下，就付款的日期或時間及數額作出裁定，

任何一方均可提出申請，要求法庭重新裁定該決定。

(2) 要求重新裁定的申請，必須在有關裁定通知書送達申請人後14天內提出。

12. 利息(第13A號命令第12條規則)

(1) 如符合下述情況，根據第4、5或7條規則作出的判決，必須包括就截至判決日期而申索的利

息的款額—

(a) 原告人正尋求利息，並已在有關令狀的註明或申索陳述書或原訴傳票中，述明他是—

(i) 根據合約的條款尋求利息；

(ii)根據指明的成文法則尋求利息；抑或

(iii) 根據其他指明基礎尋求利息；

(b) 凡利息是根據本條例第48條申索的，利率不高於在發出該令狀或原訴傳票的日期須就

判定債項而支付的利息利率；及

該期間由有關申索陳述書或原訴傳票中述明截止計算利息的日期開始。

(2) 凡根據第4、5或7條規則登錄判決，而第(1)款指明的條件並未符合，則判決須就有待法庭

決定的利息款額而作出。

第 4A 章 - 《高等法院規則》 37

13. 承認的表格須與令狀或原訴傳票一併送達

(第13A號命令第13條規則)

(1) 凡原告人尋求的唯一補救，是支付款項(不論款額是否經算定)，則本條規則適用。

(2) 向被告人送達的傳訊令狀、原訴傳票或任何其他原訴法律程序文件，必須附同—

(a) (如原告人尋求的款項是經算定的)為承認有關申索的附錄A表格16格式的文本；及

(b) (如原告人尋求的款項是未經算定的)為承認有關申索的附錄A表格16C格式的文本。

14. 適用範圍

(第13A號命令第14條規則)

(1) 在下述情況下，本命令(第13條規則除外)就在本命令生效*前送達的傳訊令狀、原訴傳票或

任何其他原訴法律程序文件而適用—

(a) (就傳訊令狀而言)原告人尚未根據第13或19號命令取得因欠缺行動而作出的判決；

(b) (就原訴傳票而言)在根據第28號命令第2條規則編定的日期或限期前，將承認送交存檔

和送達；及

認送交存檔和送達而指明的限期，尚未屆滿。

(2) 本命令在經必要的變通後，就反申索而適用，猶如—

(a) 提述申索或申索陳述書之處是提述反申索一樣；

(b) 提述原告人之處是提述提出反申索的一方一樣；及

(3) 凡被告人已根據第16號命令第1或8條規則，針對並非訴訟一方的人提出申索，本命令在經

必要的變通後，就該申索及任何其他根據第16號命令第9條規則提出的申索而適用，猶如—

(a) 提述原告人之處是提述提出該申索的人一樣；及

(b) 提述被告人之處是提述該申索所針對的人一樣。

(2008年第152號法律公告)

__________________________________________________________________________

註：

* 生效日期：2009年4月2日。

命令： 14 簡易判決 L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

1. 原告人申請簡易判決(第14號命令第1條規則)

(1) 凡在本條規則適用的訴訟中，已有申索陳述書向某被告人送達而該被告人亦已就該訴訟發

出擬抗辯通知書，則原告人可以該被告人對包括在令狀中的申索或對該申索的某部分無法抗辯為理

由，或除對所申索的損害賠償款額外，對該申索或該部分無法抗辯為理由，向法庭申請作出該被告

人敗訴的判決。

(2) 除第(3)款另有規定外，本條規則適用於每一宗藉令狀開展的訴訟，但屬以下情況者除外─

(a) 包括原告人就永久形式誹謗、短暫形式誹謗、惡意檢控、非法禁錮或誘姦而提出的申

索的訴訟，

(b) 包括原告人基於詐騙指稱而提出的申索的訴訟，或

第 4A 章 - 《高等法院規則》 38

(3) 本命令不適用於第86號命令或第88號命令所適用的訴訟。

2. 根據第1條規則提出申請所必須採用的方式

(第14號命令第2條規則)

(1) 根據第1條規則提出的申請，必須藉由誓章支持的傳票提出，而誓章則必須核實申請所關乎

的申索或部分申索所依據的事實，並述明宣誓人相信被告人對該申索或該部分申索(視屬何情況而

定)無法抗辯，或除對所申索的損害賠償款額外，對該申索或該部分申索(視屬何情況而定)無法抗

辯。

(2) 除非法庭另有指示，否則就本條規則而言，誓章可載有關於資料的陳述或所信之事的陳述

以及資料或所信之事的來源和理由。

(3) 上述傳票、用以支持的誓章和誓章中提述的任何證物的複本，必須於回報日前10整天或之

前送達被告人。

3. 原告人勝訴的判決(第14號命令第3條規則)

(1) 除非在聆訊根據第1條規則提出的申請時，法庭駁回該申請或被告人使法庭信納，就該申請

所關乎的申索或部分申索而言，有應予以審訊的爭論點或有爭議的問題，或為其他理由該申索或該

部分申索應予以審訊，否則法庭在顧及所申索的補救或濟助的性質後，可就該申索或該部分申索，

作出公正的原告人勝訴被告人敗訴的判決。 (見附錄A表格44)

(2) 法庭可藉命令，並在施加公正的條件(如有的話)後，擱置執行任何根據本條規則作出的被

告人敗訴的判決，直至被告人在有關訴訟中作出或提出的任何反申索審訊完畢為止。

4. 抗辯的許可(第14號命令第4條規則)

(1) 被告人可藉誓章或以法庭滿意的其他方法，對根據第1條規則提出的申請提出反對的因由。

(2) 為施行本條規則，第2(2)條規則適用，一如其為施行該條規則而適用。

(3) 法庭可無條件或施加其認為適合的有關提供保證、審訊的時間或方式或其他方面的條款，

而給予該申請所針對的被告人許可，就該申請所關乎的申索或部分申索，對訴訟作抗辯。

(4) 法庭在聆訊該申請時，可命令提出反對因由的被告人(或如該被告人為法人團體，則可命令

該法人團體的任何董事、經理、秘書或其他相類的高級人員，或任何看來是以任何該等身分行事的

人)─

(a) 交出任何文件；

(b) 出庭並在宣誓後接受訊問(如法庭覺得有特別情況宜於著他如此行事的話)。

5. 要求就反申索作出簡易判決的申請

(第14號命令第5條規則)

(1) 凡藉令狀開展的訴訟的被告人已向原告人送達一份反申索書，則除第(3)款另有規定外，被

告人可以原告人對該反申索書中提出的申索或其某部分無法抗辯為理由，向法庭申請作出就該申索

或該申索的該部分判原告人敗訴的判決。

(2) 第2、3及4條規則適用於根據本條規則提出的申請，一如其適用於根據第1條規則提出的申

請，但須加以下列變通，即─

第 4A 章 - 《高等法院規則》 39

(a) 凡提述原告人及被告人之處，須分別解釋為提述被告人及原告人；

(b) 第3(2)條規則中的“被告人在”及“中作出或提出的任何反申索”等字須予略去；及

索。

(3) 本條規則不適用於任何包括有第1(2)條規則所提述的申索的反申索。

6. 指示(第14號命令第6條規則)

(1) 凡法庭─

(a) 命令給予(不論有條件或無條件)被告人或原告人許可就任何申索或部分申索而對某宗

訴訟或任何反申索(視屬何情況而定)作抗辯，或

(b) 就任何申索或部分申索作出原告人或被告人勝訴的判決，但亦命令擱置執行該項判

決，以待就任何反申索或該宗訴訟(視屬何情況而定)進行審訊，

則法庭須就該宗訴訟的繼續進行事宜作出指示，而第25號命令第2至7條規則，在略去第7(1)條規則

中規定各方須將一份指明其所要求的命令及指示的通知書送達的字句並加以任何其他必要的變通

後，須得適用，猶如根據本命令第1條規則或第5條規則(視屬何情況而定)提出的申請(有關命令是應

該申請而作出的)是一份案件管理傳票一樣。 (2008年第152號法律公告)

(2) 如有關各方同意，則法庭尤可特別指示有關申索及該宗訴訟中的任何其他申索，由聆案官

根據本規則中關於由聆案官審訊訟案或事宜或問題或爭論點的條文進行審訊。

7. 訟費(第14號命令第7條規則)

(1) 如原告人根據第1條規則提出申請而案件並非在本命令的範圍之內，或如法庭覺得原告人原

知道被告人所倚據的爭議會使被告人有權無條件獲得許可作抗辯，則在不損害第62號命令及特別是

第62號命令第4(1)條規則的原則下，法庭可駁回申請兼判訟費須予支付，並可規定原告人須立即支

付有關訟費。

(2) 法庭駁回根據第5條規則提出的申請的權力，與其根據第(1)款駁回根據第1條規則提出的申

請的權力相同，而該款在加以必要的變通後須據此而適用。

8. 繼續進行訴訟或反申索的餘下部分的權利

(第14號命令第8條規則)

(1) 凡原告人取得應根據第1條規則提出的申請而就任何申索或部分申索判任何被告人敗訴的判

決，則原告人可就任何其他申索或該申索的餘下部分繼續進行有關訴訟，或針對任何其他被告人繼

續進行有關訴訟。

(2) 凡被告人取得應根據第5條規則提出的申請而就在某宗反申索中提出的任何申索或部分申索

判原告人敗訴的判決，則被告人可就任何其他申索或該申索的餘下部分繼續進行該宗反申索，或針

對該宗反申索的任何其他被告人繼續進行該宗反申索。

9. 交付實產的判決(第14號命令第9條規則)

凡根據第1條規則或第5條規則提出的申請所關乎的申索是要求交付某項特定實產，而法庭根據

本命令作出申請人勝訴的判決，則法庭具有相同的權力，命令敗訴的一方交付該項實產，而不讓該

一方有藉支付該項實產的經評估價值而保留該項實產的選擇，猶如該項判決是經審訊後作出的一

第 4A 章 - 《高等法院規則》 40

樣。

10. 對沒收租賃權的濟助(第14號命令第10條規則)

在以欠交租金而沒收租賃權為理由判令收回土地管有的判決根據本命令作出後，租客享有猶如

該項判決是經審訊後作出一樣的相同申請濟助的權利。

11. 將判決作廢(第14號命令第11條規則)

任何判在根據第1條規則或第5條規則提出的申請的聆訊中未有出庭的一方敗訴的判決，可由法

庭施加其認為公正的條款而予以作廢或更改。

命令： 14A 就法律論點而處置案件 L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

1. 就法律問題或解釋作出裁定

(第14A號命令第1條規則)

(1) 凡法庭覺得有以下情況出現，可應一方的申請或主動就在任何訟案或事宜的法律程序的任

何階段出現的任何法律問題或任何文件的解釋問題，作出裁定─

(a) 該問題宜於不對該宗訴訟進行全面審訊而予以裁定；及

(b) 除可能會有人提出上訴外，該裁定會對整宗訟案或事宜或其中的任何申索或爭論點作

最終決定。

(2) 在作出該裁定後，法庭可撤銷該宗訟案或事宜或作出其認為公正的命令或判決。

(3) 法庭不得根據本命令就任何問題作出裁定，但如有關各方已─

(a) 有機會就該問題獲得聆聽；或

(b) 同意基於該裁定作出命令或判決，

則屬例外。

(4) 法庭根據本命令具有的司法管轄權，可由一名聆案官行使。

(5) 本命令不得對法庭根據第18號命令第19條規則或本規則的任何其他條文而具有的權力，作

出限制。

2. 根據第1條規則提出申請可採用的方法

(第14A號命令第2條規則)

根據第1條規則提出的申請，可藉傳票提出，或(儘管第32號命令第1條規則已有規定)可在向法

庭提出的任何非正審申請的過程中，以口頭方式提出。

(1992年第165號法律公告；2008 年第152 號法律公告)

命令： 15 訴訟因由、反申索及各方 L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

1. 訴訟因由的合併(第15號命令第1條規則)

(1) 如屬以下情況，則除第5(1)條規則另有規定外，原告人可在同一宗訴訟中，就多於一項訴

第 4A 章 - 《高等法院規則》 41

訟因由針對同一名被告人申索濟助─

(a) 原告人以同一身分就所有該等訴訟因由提出申索，而被告人則被指稱須以同一身分就

所有該等訴訟因由負法律責任，或

(b) 原告人以某項遺產的遺囑執行人或遺產管理人的身分就一項或多於一項訴訟因由提出

申索，或被告人被指稱須以某項遺產的遺囑執行人或遺產管理人的身分就一項或多於

一項訴訟因由負法律責任；而所有其餘的訴訟因由是關於同一項遺產的，並就該等訴

訟因由而言，原告人是以其個人身分提出申索，或被告人被指稱須以其個人身分負法

律責任，或

(2) 根據本條規則提出的許可申請，必須在令狀或原訴傳票(視屬何情況而定)發出前單方面藉

誓章提出，而該誓章必須述明申請的理由。

2. 針對原告人的反申索(第15號命令第2條規則)

(1) 除第5(2)條規則另有規定外，如任何訴訟的被告人聲稱他就某事宜(不論何時或如何發生)

有權針對該宗訴訟的原告人提出任何申索或有權針對該原告人要求獲得任何補救或濟助，則可就該

事宜提出反申索而無須提出另一宗訴訟；凡被告人如此行事，被告人必須在其抗辯書中加上該項反

申索。

(2) 第1條規則適用於一項反申索，猶如該項反申索是另一宗訴訟及猶如提出該項反申索的人是

原告人而被人針對其提出該項反申索的人是被告人一樣。

(3) 即使有判該宗訴訟的原告人勝訴的判決作出或該宗訴訟被擱置、中止或撤銷，反申索仍可

繼續進行。

(4) 凡被告人確立針對原告人的申索的反申索而有一筆餘數是應支付給其中一方的，則法庭可

就該筆餘數作出判決，但本條文不得視為對法庭就訟費具有的酌情決定權有所影響。

3. 針對額外各方的反申索

(第15號命令第3條規則)

(1) 凡一宗訴訟的被告人，針對原告人提出反申索並聲稱除原告人外，尚有另一人(不論是否為

該宗訴訟的一方)須就反申索的標的物而負法律責任，或該被告人針對該另一人要求任何與該宗訴訟

的原來標的物有關或相關連的濟助，則除第5(2)條規則另有規定外，該被告人可將該另一人加入成

為提出反申索所針對的一方。

(2) 凡被告人將某人加入成為他提出反申索所針對的一方，則必須將該人的姓名或名稱加入訴

訟的標題中，並向該人送達反申索書的文本；如該人並非已是訴訟的一方，則被告人必須經由登記

處發出反申索書，並向該人送達反申索書的蓋章文本，以及採用附錄A表格14格式(經按情況所需加

以變通)的送達認收表格、藉以開展訴訟的令狀或原訴傳票的文本及在訴訟中送達的所有其他狀書的

文本；根據本款獲送達反申索書文本的人，如並非已是訴訟一方，由送達之時開始即成為訴訟一

方，在就反申索作抗辯或其他方面，具有猶如他是被提出反申索的一方循通常途徑將他妥為起訴時

他所具有的相同權利。 (2008年第152號法律公告)

(3) 如按照第(2)款規定被告人須向某人送達他所發出的反申索書的文本，而於送達前該人已是

訴訟一方，則被告人必須在他因第18號命令第2條規則必須向原告人送達已加上反申索的抗辯書的期

限內，向該人送達該反申索書的文本。

(4) 針對並非已是訴訟一方發出的反申索書，負責其發出及送達認收事宜的辦事處為登記處。

(2008年第152號法律公告)

第 4A 章 - 《高等法院規則》 42

(5) 凡憑藉第(2)款須向並非已是訴訟一方的人送達反申索書的文本，則本規則的以下條文，即

第6號命令第7(3)及(5)條規則、第10號命令、第11號命令、第12及13號命令以及第75號命令第4條規

則，在不抵觸第(4)款的規定下，適用於反申索及其所產生的法律程序，猶如─

(a) 反申索是令狀而該等法律程序是一宗訴訟的法律程序一樣；及

(b) 提出反申索的一方是原告人而反申索所針對的一方是該宗訴訟的被告人一樣。

(5A) 凡憑藉第(2)款須向並非原告人、但在送達前已是訴訟一方的任何人送達反申索書的文

本，則第14號命令第5條規則的條文適用於反申索及其所產生的法律程序，猶如反申索所針對的一方

是訴訟的原告人一樣。 (1990年第363號法律公告)

(6) 經規定須向並非已是訴訟一方的人送達的反申索書文本，必須註有採用附錄A表格17格式的

致予該人的通知。

(1991年第404號法律公告)

4. 各方的合併(第15號命令第4條規則)

(1) 除第5(1)條規則另有規定外，如經法庭許可或屬以下情況，兩名或多於兩名的人可在同一

宗訴訟中合併為原告人或被告人─

(a) 假若他們之中的每一人均提出不同的訴訟或有不同的訴訟針對他們之中的每一人提出

(視屬何情況而定)，則某共同的法律問題或事實問題會在所有的訴訟中出現，及

(b) 在該宗訴訟中所申索的所有獲得濟助的權利(不論是共同、各別或交替的)，均與同一

宗交易或一系列交易有關或是因其而產生的。

(2) 凡任何訴訟的原告人申索任何濟助而有其他人與他共同有權獲得該濟助，則除任何成文法

律的條文另有規定外，及除非法庭給予相反的許可，否則必須使所有如此有權的人成為該宗訴訟的

一方，並且除法庭應申請根據本款作出給予許可的命令另有規定外，必須使他們當中任何不同意合

併為原告人的人成為被告人。 (2008年第152號法律公告)

本款不適用於遺囑認證訴訟。

(香港)(3) 凡在一宗訴訟中有人針對一名被告人申索濟助，而該名被告人既須與另一人負共同法律

責任亦須負各別法律責任，則無須使該另一人成為該宗訴訟的被告人；但如根據一份合約有人須負

共同而非各別法律責任，而在就該份合約提出的訴訟中，所申索的濟助只是針對部分而非所有該等

人士提出，則法庭可應該宗訴訟的任何被告人的申請，藉命令擱置該宗訴訟的法律程序，直至其他

須如此負法律責任的人被加入成為被告人為止。

5. 法庭可命令分開審訊等(第15號命令第5條規則)

(1) 如就兩項或多於兩項訴訟因由而提出的申索被原告人包括在同一宗訴訟內或被被告人包括

在同一宗反申索內，或如兩名或多於兩名的原告人或被告人分屬同一宗訴訟的一方，而法庭覺得訴

訟因由的合併或訴訟各方的合併(視屬何情況而定)可能會妨礙或延遲審訊，或在其他方面對審訊造

成不便，則法庭可命令分開審訊或作出其他合宜的命令。

(2) 如在反申索所針對的一方提出申請時，法庭覺得該反申索的標的物基於任何理由應藉另外

一宗訴訟予以處置，法庭可命令將該反申索剔除，或可命令將該反申索分開審訊或作出其他合宜的

命令。

6. 各方的不當合併或不合併

(第15號命令第6條規則)

第 4A 章 - 《高等法院規則》 43

(1) 訟案或事宜不因任何一方的不當合併或不合併而不得進行；而在任何訟案或事宜中，在有

關的爭論點或有爭議的問題是影響身為該宗訟案或事宜各方的人的權益的範圍內，法庭可就有關的

爭論點或有爭議的問題作出裁定。 (1994年第167號法律公告)

(2) 除本條規則的條文另有規定外，法庭可在任何訟案或事宜的法律程序的任何階段，施加其

認為公正的條款而主動或應申請─

(a) 命令任何不恰當地或不必要地成為一方的人，或因任何理由而停止成為恰當或必要的

一方的人，停止成為一方；

(b) 命令將任何以下的人加入成為一方，即─

(i) 任何本應已被加入有關訟案或事宜而成為一方的人，或任何有必要到法庭席前以

確保在有關訟案或事宜中的所有有爭議的事宜可有效地及完全地予以裁定及判定

的人，或

(ii)任何與訟案或事宜的任何一方之間可能存有任何問題或爭論點的人；而該問題或

爭論點是由該宗訟案或事宜中所申索的任何濟助或補救所引致、或是與之有關或

相關連的，且法庭認為就該問題或爭論點而就該人與該一方之間以及就訟案或事

宜的各方之間一併作裁定，是公正及適宜的。

(3) 任何人要求根據第(2)款作出命令將其加入成為一方的申請，除非是經法庭許可，否則必須

由一份誓章支持，該份誓章須示明該人在有關訟案或事宜中的有爭議的事宜上的利害關係或該人與

有關訟案或事宜的任何一方之間須予裁定的問題或爭論點(視屬何情況而定)。

(4) 未經某人以書面或其他獲批准的方式表示同意，不得將該人加入成為原告人。

(5) 在任何有關的時效期屆滿後，任何人不得被加入或代入成為一方，除非─

(a) 有關的時效期在有關法律程序展開的日期仍有效，而為就有關訴訟作出裁定，有必要

將新的一方加入或代入，或

(b) 有關的時效期是根據《時效條例》(第347章)第27或28條的條文而產生，而法庭指示該

等條文不應適用於由新的一方提出或針對新的一方提出的訴訟。

在本款中，“任何有關的時效期”(any relevant period of limitation) 指《時效條例》(第

347章)所訂的時限。

(6) 法庭如信納，並僅如法庭信納─

(a) 新的一方因某項財產在法律或衡平法上是歸屬他的而在有關訴訟是必要的一方，而除

非新的一方加入，否則原告人就該項財產中的一項衡平法權益提出的申索可能會不得

進行，或

(b) 有關訴訟因由是共同而非各別歸屬新的一方及原告人，或

出，或 (1997年第362號法律公告)

(d) 新的一方是一間公司，而原告人是該公司的股東並代表該公司起訴以強制執行一項歸

屬該公司的權利，或

(e) 新的一方是與被告人共同被起訴，但並非亦與被告人負各別法律責任，而未能將新的

一方加入可能會令有關申索無法予以強制執行，

則新的一方的加入或代入，須視作就第(5)(a)款而言是屬於必要的。

6A. 由遺產提出或針對遺產提出的法律程序

(第15號命令第6A條規則)

(1) 凡提出的訴訟所本應針對的人已去世而訴訟因由仍然存在，如未有作出遺囑認證或遺產管

理的授予，則該宗訴訟可針對死者的遺產提出。

第 4A 章 - 《高等法院規則》 44

(2) 在不損害第(1)款的一般性的原則下，針對“死者A.B.的遺產代理人”提出的訴訟，就該款

而言，須視作已針對死者的遺產提出。

(3) 一宗其意是由某人展開或針對某人展開的訴訟，如該人在該宗訴訟展開時已去世而訴訟因

由仍然存在，則須視作已按照第(1)款由該人的遺產展開或針對該人的遺產展開(視屬何情況而定)，

而不論在該宗訴訟展開前是否已有作出遺囑認證或遺產管理的授予。 (1990年第363號法律公告)

(4) 在任何第(1)或(3)款所提述的訴訟中─

(a) 在令狀或原訴傳票的送達有效期內，原告人須向法庭申請作出命令，而被告人、死者

的遺產代理人或任何在死者的遺產中有權益的人則可向法庭申請作出命令，為進行有

關法律程序而委任一人代表死者遺產，或如已作出遺囑認證或遺產管理的授予，則作

出命令使死者的遺產代理人成為有關法律程序的一方，並在上述任何一種情況中，向

法庭申請作出命令，命令有關法律程序須由該獲如此委任的人繼續進行或針對該人繼

續進行，或(視屬何情況而定)命令有關法律程序須由該遺產代理人繼續進行或針對該

人繼續進行，猶如該獲如此委任的人或該遺產代理人(視屬何情況而定)取代了該遺產

一樣； (1990年第363號法律公告；2000年第32號第48條)

(b) 法庭可在有關法律程序的任何階段，施加其認為公正的條款而主動或應申請作出(a)段

所述的任何命令，並容許作出其認為必要的修訂(如有的話)，以及作出其認為必要的

其他命令，以確保在有關法律程序中的所有有爭議的事宜可有效及完全地予以裁定及

判定。

(5) 法庭在根據第(4)款作出命令前，可規定須向任何與有關法律程序有利害關係的死者的保險

人，以及在有關遺產中有權益的人(如有的話)，發出通知，視乎法庭認為適合者而定。

(5A) 凡有命令應原告人之請而根據第(4)款作出，委任法定代表律師代表死者的遺產，則該項

委任的範圍須僅限於由法定代表律師接受藉以開展有關訴訟的令狀或原訴傳票的送達，但如經法定

代表律師同意，法庭在作出該命令時或應其後提出的申請，指示該項委任的範圍須擴及在有關法律

程序中採取進一步的步驟，則屬例外。(1990年第363號法律公告；1991年第375號法律公告)

(6) 凡有命令根據第(4)款作出，第7(4)及8(3)及(4)條規則即告適用，猶如命令是應原告人的

申請而根據第7條規則作出的一樣。

(7) 凡未有作出遺囑認證或遺產管理的授予，任何在有關法律程序中作出的判決或命令須對遺

產有約束力，範圍與如有作出授予及死者的遺產代理人為有關法律程序的一方時的範圍相同。

(1990年第363號法律公告)

7. 因去世等原因而更換各方

(第15號命令第7條規則)

(1) 凡一宗訴訟的一方去世或破產而訴訟因由仍然存在，該宗訴訟不得因該一方的去世或破產

而中止。

(2) 凡在任何訟案或事宜的法律程序的任何階段，任何一方的權益或法律責任轉讓或傳轉或轉

予另一人，法庭如認為為確保在該宗訟案或事宜中的所有有爭議的事宜可有效及完全地予以裁定及

判定而有必要，可命令使該另一人成為該宗訟案或事宜的一方，並命令繼續進行有關法律程序，猶

如該另一人取代了首述的一方一樣。

要求根據本款作出命令的申請，可單方面提出。

(3) 即使某人已是一宗訟案或事宜的紀錄上的對造一方或雖是同造一方卻屬於另一身分，仍可

根據本條規則作出命令，使該人成為該宗訟案或事宜的一方；但─

(a) 如該人已是對造一方，則該命令須視作載有一項指示，指示該人須停止成為該對造一

方，及

第 4A 章 - 《高等法院規則》 45

(b) 如該人雖是同造一方卻屬於另一身分，則該命令可載有一項指示，指示該人須停止以

該另一身分成為一方。

(4) 如有任何命令應任何人的申請而根據本條規則作出，該人必須促致該命令註於訟案登記冊

上，而在該命令如此註於訟案登記冊上後，除非法庭另有指示，否則該人必須向是有關訟案或事宜

的一方或憑藉該命令而變為或停止成為一方的其他每一人送達命令，並向任何變為被告人的人連同

命令送達藉以開展有關訟案或事宜的令狀或原訴傳票的文本、在有關法律程序中已送達的所有其他

狀書的文本以及採用附錄A表格14或15格式的送達認收書表格(以適用者為準)。 (1991年第404號法

律公告)

(5) 獲送達任何命令的人根據本條規則單方面向法庭提出的撤銷或更改該命令的申請，必須在

該命令送達該人後14天內提出。

8. 根據第6或7條規則作出命令後的相應規定

(第15號命令第8條規則)

(1) 凡有命令根據第6條規則作出，藉以開展有關訴訟的令狀必須據此而作出修訂，並必須註有

─

(a) 對作出該項修訂所依據的命令的提述，及

(b) 作出該項修訂的日期；

該項修訂必須在該命令所指明的期限內作出，或如無如此指明的期限，則必須在該命令作出後14天

內作出。

(2) 凡根據第6條規則作出的命令會使某人成為被告人，關於送達傳訊令狀的規則即據此而適用

於向該人送達經修訂的令狀的事宜，但在向該人送達該令狀前，該命令是應其申請作出的人必須促

致該命令註於訟案登記冊上。

(2A) 在有關訴訟中送達的所有其他狀書的文本，須連同根據第(2)款送達的傳訊令狀一併送

達。 (1991年第404號法律公告)

(3) 凡根據第6或7條規則作出的命令會使某人成為被告人，關於送達認收的規則即據此而適用

於由該人作送達認收的事宜；如屬根據第7條規則作出的命令會使某人成為被告人的情況，該等規則

須加以變通而將送達認收的時限改為由該命令根據第7(4)條規則送達該人的日期起計，或如該命令

無須送達該人，則改為由該命令註於訟案登記冊上的日期起計。 (2008年第152號法律公告)

(4) 凡根據第6或7條規則作出的命令會將某人加入成為一方或會使某人成為一方而取代另一

方，則在以下事宜辦妥之前該人不得成為一方─

(a) (凡該命令是根據第6條規則作出者)有關令狀根據本條規則就關於該人的事宜作出修訂

及(如該人是被告人)送達該人，或

(b) (凡該命令是根據第7條規則作出者)該命令根據第7(4)條規則送達該人，或如該命令無

須送達該人，則將該命令註於訟案登記冊上；

而凡憑藉前述條文，某人成為一方而取代另一方，則在該命令作出前在進行有關法律程序中作出的

所有事情，須對新的一方具有效力，一如其對舊的一方具有效力，但舊的一方所作的送達認收並不

免除新的一方作送達認收。 (2008年第152號法律公告)

(5) 本條規則的前述條文，適用於藉原訴傳票開展的訴訟，一如其適用於藉令狀開展的訴訟。

9. 沒有在一方去世後繼續進行訴訟

(第15號命令第9條規則)

(1) 如訴訟因由在任何訴訟的原告人或被告人去世後仍然存在，但並無第7條規則所指的命令作

第 4A 章 - 《高等法院規則》 46

出，將訴訟因由所歸屬的人代入為原告人或(視屬何情況而定)將已故被告人的遺產代理人代入為被

告人，則被告人或該等代理人(視屬何情況而定)可向法庭申請作出命令，命令除非該宗訴訟在該命

令所指明的時限內繼續進行，否則就已去世的原告人或被告人(視屬何情況而定)而言，該宗訴訟須

予剔除；但如去世的是原告人，則除非法庭信納已就申請妥為通知已去世的原告人的遺產代理人(如

有的話)及法庭認為應獲通知的任何其他有利害關係的人，否則法庭不得根據本條規則作出命令。

(2) 凡在任何訴訟中被告人提出一項反申索，本條規則適用於該項反申索，猶如該項反申索是

另外一宗訴訟及猶如提出該項反申索的被告人是原告人及該項反申索所針對的人是被告人一樣。

10. 就土地的管有而提出的訴訟

(第15號命令第10條規則)

(1) 在不損害第6條規則的原則下，法庭可在就土地的管有而提出的訴訟的法律程序的任何階

段，命令將任何並非該宗訴訟的一方但管有土地(不論實際管有或經由租客管有)的人，加入成為被

告人。

(2) 任何人根據本條規則要求作出命令的申請，可單方面提出並由一份誓章支持；該份誓章須

示明有關土地是由該人管有，如有關土地是由租客管有，則須將租客名字指出。

該份誓章須指明申請人的送達地址，而第12號命令第3(2)、(3)及(4)條規則須得適用，猶如該

份誓章是送達認收書一樣。

(3) 藉根據本條規則作出的命令而加入成為被告人的人，必須向原告人送達該命令的文本，以

提供按照第(2)款而指明的新加入被告人的送達地址。

10A.(由1995年第127號法律公告廢除)

11. 促訟人訴訟(第15號命令第11條規則)

在任何訴訟中使用任何人的姓名或名稱作為促訟人前，該人必須給予其律師一份授權如此使用

其姓名或名稱的授權書，而該授權書則必須送交登記處存檔。

12. 代表的法律程序(第15號命令第12條規則)

(1) 凡在任何法律程序(並非第13條規則所述者)中多人有相同的權益，則該等法律程序可由或

針對該等人之中的任何一人或多於一人作為所有人或除一人或多於一人外的所有人的代表而開展，

並除非法庭另有命令，否則可如此繼續進行。

(2) 在根據本條規則進行的法律程序的任何階段，法庭可應原告人的申請並施加其認為適合的

條款(如有的話)而委任被告人之中或被告人是作為其代表而被起訴的人之中的任何一人或多於一

人，在該等法律程序中代表所有人或除一人或多於一人外的所有人；凡在行使本款所賦予的權力

時，法庭委任一名並非被指名為被告人的人，則須根據第6條規則作出命令，將該人加入成為被告

人。

(3) 在根據本條規則進行的法律程序中作出的判決或命令，對原告人作為其代表而起訴的所有

人或對被告人作為其代表而被起訴的所有人(視屬何情況而定)，具有約束力，但除非經法庭許可，

否則不得針對任何並非該等法律程序的一方的人強制執行。

(4) 要求根據第(3)款批予許可的申請，必須藉傳票提出，傳票並必須面交送達尋求強制執行有

關判決或命令所針對的人。

(5) 即使任何該等申請所關乎的判決或命令對該申請所針對的人具有約束力，該人仍可以他的

第 4A 章 - 《高等法院規則》 47

案所特有的事實及事宜令他有權獲豁免該法律責任為理由，就該項判決或命令可針對他強制執行的

法律責任提出爭議。

(6) 聆訊要求根據第(3)款批予許可的申請的法庭，可命令關於判決或命令是否可針對申請所針

對的人強制執行的問題，須以審訊及裁定一宗訴訟中的任何爭論點或問題的方式而予以審訊及裁

定。

13. 未能予以確定的有利害關係的人的代表事宜等

(第15號命令第13條規則)

(1) 在任何關於以下事宜的法律程序中─

(a) 死者的遺產，或

(b) 受信託規限的財產，或

法庭如信納如此行事屬於合宜，並信納第(2)款所指明的條件中有一項或多於一項獲得符合，可委任

一人或多於一人，代表任何與或可能與該等法律程序有利害關係(不論是現時或是基於任何未來、或

有或未能確定的權益)的人(包括尚未出生的人)或該類別的人，或是或可能是受該等法律程序影響的

人(包括尚未出生的人)或該類別的人。

(2) 行使第(1)款所賦予的權力的條件如下─

(a) 該人、該類別的人或某成員，未能予以確定或未能即行予以確定；

(b) 該人、該類別的人或某成員，雖已予確定卻未能尋獲；

括牽涉的款額及須予裁定的問題的難度後)認為為節省開支行使該項權力屬於合宜。

(3) 凡在第(1)款適用的任何法律程序中法庭行使該款所賦予的權力，法庭在其行使該項權力而

委任的人或多於一人在其席前時所作出的判決或命令，對該獲如此委任的人或多於一人所代表的人

或類別的人，具有約束力。

(4) 凡在任何該等法律程序中，有人建議妥協，而與該妥協有利害關係或可能受該妥協影響的

人(包括尚未出生或未被確定的人)並非該等法律程序的一方，但─

(a) 另有一名在法庭席前的有相同利害關係的人對該妥協予以允許或法庭代該人對該妥協

予以認許，或

(b) 缺席的人由一名根據第(1)款獲委任的人代表，而該人對該妥協予以允許，

則法庭如信納該妥協會令缺席的人受益及行使此項權力屬於合宜，可批准該妥協並命令該妥協對缺

席的人具有約束力，而除非該命令是藉欺詐或不披露具關鍵性的事實取得，否則缺席的人須據此受

該妥協約束。

13A. 向並非訴訟一方的人發出訴訟通知書

(第15號命令第13A條規則)

(1) 在本條規則適用的訴訟的任何階段，法庭可應任何一方的申請或主動指示，向並非該宗訴

訟一方但會或可能會受在該宗訴訟中作出的任何判決影響的人，送達有關該宗訴訟的通知書。

(2) 根據本條規則提出的申請，可單方面提出，並須由一份述明申請理由的誓章支持。

(3) 每份根據本條規則發出的訴訟通知書，均須採用附錄A表格52的格式，而須予送達的文本須

為蓋章文本，並須附同原訴傳票或令狀的文本及在有關訴訟中送達的所有其他狀書的文本，以及已

加以適當變通的採用附錄A表格14或15格式的送達認收書表格。

(4) 如有通知書根據本條規則送達任何人，該人可在送達14天內對令狀或原訴傳票作送達認收

第 4A 章 - 《高等法院規則》 48

並隨即而成為有關訴訟的一方，但如並無作此送達認收，則除第(5)款另有規定外，該人須受在有關

訴訟中作出的任何判決約束，猶如他是訴訟一方一樣。 (2008年第152號法律公告)

(5) 如在該通知書送達某人後的任何時間，令狀或原訴傳票有所修訂以致所申索的濟助有實質

改動，則法庭可指示除非另一份通知書連同經修訂的令狀或原訴傳票的文本已根據本條規則發出並

送達該人，否則該項判決對該人並無約束力。

(6) 本條規則適用於任何關於以下事宜的訴訟─

(a) 死者的遺產；或

(b) 受信託規限的財產。

(7) 第6號命令第7(3)及(5)條規則適用於根據本條規則發出的訴訟通知書，猶如通知書是令狀

及發出通知書的人是原告人一樣。

(1991年第404號法律公告)

14. 受益人由受託人等代表事宜

(第15號命令第14條規則)

(1) 任何法律程序，包括以止贖或其他方式強制執行一項保證的法律程序，可在並無在有關信

託或遺產(視屬何情況而定)中有實益權益的人加入的情況下，由受託人、遺囑執行人或遺產管理人

以該等身分提出，或針對屬該等身分的人以其作為受託人、遺囑執行人或遺產管理人的身分提出，

而在該等法律程序中作出的任何判決或命令，除非法庭在同一項或其他法律程序中，因在首述法律

程序中有關的受託人、遺囑執行人或遺產管理人(視屬何情況而定)未能代表或在事實上並無代表該

等人的權益而另有指示，否則對該等人具有約束力。

(2) 第(1)款不損害法庭命令使任何享有前述權益的人成為法律程序的一方或根據第13條規則作

出命令的權力。

15. 與法律程序有利害關係的死者的代表事宜

(第15號命令第15條規則)

(1) 凡在任何法律程序中，法庭覺得一名死者與在該等法律程序中的有關事宜有利害關係而該

名死者並無遺產代理人，法庭可應該等法律程序的任何一方的申請，在該名死者的遺產無人代表的

情況下，繼續進行該等法律程序，或為進行該等法律程序而藉命令委任某人代表該項遺產；而任何

該等命令或任何其後在該等法律程序中作出的判決或命令，對該名死者的遺產具有約束力，其範圍

與假若該名死者的遺產代理人是該等法律程序的一方該項遺產所本會受的約束相同。

(2) 在根據本條規則作出命令前，法庭可規定須將已申請命令的通知，發給在該項遺產中有權

益的人之中的某些人(如有的話)，視乎法庭認為適合者而定。

16. 屬宣布性質的判決(第15號命令第16條規則)

任何訴訟或其他法律程序，不得因藉其而尋求的僅為屬宣布性質的判決或命令而受到反對，法

庭並可作出關於權利的具約束力的宣布，而不論有否或可否申索任何相應濟助。

17. 法律程序的進行(第15號命令第17條規則)

法庭可將任何訴訟、查訊或其他法律程序的進行交由其認為適合的人負責。

第 4A 章 - 《高等法院規則》 49

命令： 16 第三方及相類的法律程序 v 02/04/2009

1. 第三方通知書(第16號命令第1條規則)

(1) 凡在任何訴訟中，已發出擬抗辯通知書的被告人─

(a) 針對並非已是該宗訴訟一方的人申索任何分擔款項或彌償；或

(b) 針對該人申索任何與該宗訴訟的原來標的物有關或相關連及實質上與原告人所申索的

某些濟助或補救相同的濟助或補救；或

人與被告人之間作出，亦應是就他們其中之一或他們兩者與一名並非已是該宗訴訟一

方的人之間作出的；

則除第(2)款另有規定外，被告人可發出採用附錄A表格20或21(以適用者為準)格式的通知書(在本命

令中稱為第三方通知書)，該通知書須載有一項陳述，述明針對他提出的申索的性質，以及他所提出

的申索的性質及理由或須予裁定的問題或爭論點(視屬何情況而定)。

(2) 除非一宗訴訟是藉令狀開展而該宗訴訟的被告人是在向原告人送達其抗辯書前已發出第三

方通知書，否則該被告人不得未經法庭許可而發出第三方通知書。

(3) 凡有第三方通知書送達其所針對的人，該人由送達之時開始即成為有關訴訟的一方(在本命

令中稱為第三方)，在就通知書中針對他提出的申索作抗辯或其他方面，具有猶如他是被發出通知書

的被告人循通常途徑將他妥為起訴時他所具有的相同權利。

2. 要求許可發出第三方通知書的申請

(第16號命令第2條規則)

(1) 要求許可發出第三方通知書的申請，可單方面提出，但法庭可指示須就該項許可發出傳

票。

(2) 要求許可發出第三方通知書的申請，必須由誓章支持，誓章須述明─

(a) 有關訴訟的原告人所提出的申索的性質；

(b) 該訴訟的法律程序所發展至的階段；

及擬發出的第三方通知書所依據的事實；及

(d) 將會發出的第三方通知書所針對的人的姓名或名稱及地址。

3. 第三方通知書的發出、送達及送達認收

(第16號命令第3條規則)

(2008年第152號法律公告)

(1) 批予許可發出第三方面通知書的命令，可載有關於發出該通知書的期限的指示。

(2) 每份第三方通知書，必須連同開展有關訴訟的令狀或原訴傳票的文本，以及已在有關訴訟

中送達的狀書(如有的話)的文本及經加以適當變通的採用附錄A表格14格式的送達認收表格，一併送

達。

(3) 第三方通知書的送達認收的適當辦事處為登記處。 (2008年第152號法律公告)

(4) 在不抵觸本條規則的前述條文下，以下規則，即第6號命令第7(3)及(5)條規則、第10號命

令、第11號命令、第12號命令及第75號命令第4條規則，其條文適用於第三方通知書及藉其而開展的

法律程序，猶如─

(a) 第三方通知書是令狀及藉其而開展的法律程序是訴訟一樣；及

第 4A 章 - 《高等法院規則》 50

(b) 發出第三方通知書的被告人是該宗訴訟的原告人及發出第三方通知書所針對的人是該

宗訴訟的被告人一樣：

但在引用第11號命令第1(1)(c)條規則時，可批予許可，准許在本司法管轄權範圍外，向屬針對

被告人而提出的法律程序的任何必要或恰當的一方，送達第三方通知書。

4. 關於第三方的指示(第16號命令第4條規則)

(1) 如第三方發出擬抗辯通知書，發出第三方通知書的被告人，必須藉須向有關訴訟的所有其

他各方送達的傳票，向法庭申請作指示。

(2) 如並無傳票根據第(1)款送達第三方，第三方可在不早於發出擬抗辯通知書後7天的時間，

藉須向有關訴訟的所有其他各方送達的傳票，向法庭申請作指示或將第三方通知書作廢的命令。

(3) 法庭可應根據本條規則提出的要求作指示的申請─

(a) (如第三方對發出第三方通知書的被告人所須負的法律責任在聆訊時得以確立)命令登

錄按案件性質所需而判第三方敗訴被告人勝訴的判決；或

(b) 命令任何在第三方通知書中述明的申索、問題或爭論點，以法庭指示的方式進行審

訊；或

並可在原告人針對被告人簽署任何有關訴訟的裁決之前或之後如此行事。

(4) 法庭可應根據本條規則提出的要求作指示的申請，施加公正的條款而給予第三方許可，單

獨或聯同任何被告人就有關訴訟作抗辯，或在聆訊時出庭並視乎公正需要參與審訊的某部分；此

外，法庭可一般地就各方的權利及法律責任的適當裁定及強制執行，作出其覺得屬於恰當的命令及

指示，並可一般地就第三方須受在有關訴訟中作出的任何判決或決定約束的範圍，作出其覺得屬於

恰當的命令及指示。

(5) 根據本條規則作出的任何命令或指示，可在任何時間被法庭更改或撤銷。

5. 第三方沒有行動等(第16號命令第5條規則)

(1) 如某第三方沒有發出擬抗辯通知書，或雖被命令送達抗辯書卻沒有如此行事─

(a) 則該第三方須被當作已承認第三方通知書所述明的任何申索，並在與該通知書所述明

的任何申索、問題或爭論點有關的範圍內，須受在有關訴訟中作出的任何判決(包括按

同意而作出的判決)或決定約束；及

(b) 如在有關訴訟中，發出第三方通知書的被告人被因欠缺行動而作出的判決判敗訴，該

被告人可在履行該判決後的任何時間，而經法庭許可則可在履行該判決前，就有關的

第三方通知書中所申索的任何分擔款項，及經法庭許可，就有關的第三方通知書中所

申索的任何其他濟助或補償，登錄判該第三方敗訴的判決。

(2) 如任何第三方或發出第三方通知書的被告人沒有送達任何他所被命令送達的狀書，法庭可

應該被告人或該第三方(視屬何情況而定)藉傳票提出的申請，命令登錄該申請人就該等狀書而言有

權取得的判他勝訴的判決，或可作出法庭覺得在各方之間秉行公正所需的其他命令。

(3) 法庭可在任何時間將根據第(1)(b)款或第(2)款登錄的判決作廢或更改，並施加其認為公正

的條款(如有的話)。

6. 將第三方法律程序作廢(第16號命令第6條規則)

就第三方通知書進行的法律程序，在任何階段均可被法庭作廢。

第 4A 章 - 《高等法院規則》 51

7. 被告人與第三方之間的判決

(第16號命令第7條規則)

(1) 凡被告人已在任何訴訟中送達第三方通知書，法庭可在該宗訴訟審訊之時或之後，或如該

宗訴訟並非藉審訊而有所決定，則可應藉傳票提出的申請，命令登錄按案件性質所需而判被告人勝

訴第三方敗訴或判第三方勝訴被告人敗訴的判決。 (2008年第152號法律公告)

(2) 凡有判令須向某人繳付任何分擔款項或彌償款項的判決作出，而該人根據一項法律責任須

就相同的債項或損害賠償繳付任何款項，則未經法庭許可，不得發出執行程序文件以執行該項判

決，直至該項法律責任已被解除為止。

(3) 為施行第(2)款─

“法律責任”(liability) 包括根據在同一或其他法律程序中作出的判決而須負的法律責任及根據

《民事責任(分擔)條例》(第377章)第3(4)條所適用的協議而須負的法律責任。

8. 被告人與另一方之間的申索及爭論點

(第16號命令第8條規則)

(1) 凡在任何訴訟中，已發出擬抗辯通知書的被告人─

(a) 針對已是該宗訴訟一方的人申索任何分擔款項或彌償；或

(b) 針對該人申索任何與該宗訴訟的原來標的物有關或相關連及實質上與原告人所申索的

某些濟助或補救相同的濟助或補救；或

告人與他本人之間作出，亦應是就他們其中之一或他們兩者與另一名已是該宗訴訟一

方的人之間作出的；

則除第(2)款另有規定外，被告人可無須許可而向該人發出並送達通知書，該通知書須載有一項陳

述，述明被告人的申索的性質及理由或須予裁定的問題或爭論點(視屬何情況而定)。

(2) 凡被告人提出第(1)款所述的申索而該申索是他可在該宗訴訟中藉反申索提出的，則第(1)

款不適用於該申索。

(3) 如獲送達該通知書的人已對該宗訴訟的令狀或原訴傳票作送達認收，或他本人是該宗訴訟

的原告人，則無須對該通知書作送達認收；而就該通知書所述明的申索、問題或爭論點在送達該通

知書的被告人與獲送達該通知書的人之間作出裁定所須採用的程序，為假若獲送達該通知書的人是

第三方並(如屬該人已就該宗訴訟發出擬抗辯通知書或他本人是原告人的情況)已就該申索、問題或

爭論點發出擬抗辯通知書時，根據本命令屬適當的程序。 (2008年第152號法律公告)

(4) 第4(2)條規則對就根據本條規則發出的通知書而進行的法律程序具有效力，但須猶如該條

規則中“發出擬抗辯通知書後7天”等字被代以“該通知書送達他後14天”等字一樣。

9. 由第三方及再後的各方提出的申索

(第16號命令第9條規則)

(1) 凡被告人已送達第三方通知書而該第三方提出第1條規則或第8條規則所述的申索或要求，

本命令在加以第(2)款所述的變通及任何其他必要的變通後適用，猶如該第三方是被告人一樣；此

外，凡憑藉本條規則以致本命令適用於任何人，猶如該人是第三方一樣，而該人提出該申索或要

求，則本命令亦同樣地適用。

(2) 第(1)款所提述的變通，為就第三方根據第1條規則發出通知書的事宜而言，第(3)款須取代

第 4A 章 - 《高等法院規則》 52

第1(2)條規則而具有效力。

(3) 除非有關訴訟是藉令狀開展，而一名第三方是在對針對他發出的通知書作送達認收的時限

後14天屆滿前根據第1條規則發出通知書，否則該名第三方不得未經法庭許可而發出該通知書。

(2008年第152號法律公告)

10. 關於分擔的提議(第16號命令第10條規則)

(1) 如一宗訴訟的某一方，在該宗訴訟中或須向另一方負法律責任，分擔在該宗訴訟中該另一

方所可能被追討的任何債項或損害賠償，而該一方在作送達認收後的任何時間，向該另一方作出書

面提議(並不損害其抗辯)，提議就該筆債項或損害賠償作出某指明程度的分擔，則除第(2)款另有規

定外，即使該一方保留在審訊時將該提議提交法官行動的權利，該提議仍不得為法官所知悉，直至

所有關於法律責任的問題及債項或損害賠償的款額的問題已有決定為止。 (2008年第152號法律公

告)

(2) 凡須對法律責任的爭論點的訟費問題作決定，而該爭論點已作審訊但尚餘關於債項或損害

賠償的款額的爭論點或問題須分開審訊，則任何一方均可使法官知悉已有或未有作出第(1)款所指的

書面提議，並使其知悉該提議的日期(而非款額)，或如提議多於一次，則為第一次提議的日期。

(1998年第25號第2條)

11. 由被告人提出的反申索(第16號命令第11條規則)

凡在任何訴訟中被告人提出任何反申索，本命令的前述條文適用於該反申索，猶如該反申索的

標的物是該宗訴訟的原來標的物一樣，以及猶如提出反申索的人是原告人及反申索所針對的人是被

告人一樣。

命令： 17 互爭權利訴訟 L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

1. 有權循互爭權利訴訟而取得濟助

(第17號命令第1條規則)

(1) 凡─

(a) 任何人就任何債項或就任何金錢、貨物或實產而須負法律責任，並因或就該等債項、

金錢、貨物或實產而被或預料會被兩名或多於兩名就該等債項、金錢、貨物或實產提

出敵對申索的人起訴，或

(b) 有一名並非經發出的法律程序文件所針對的人，就任何被執達主任根據該等法律程序

文件作執行時所扣押或擬扣押的金錢、貨物或實產提出申索，或就任何該等貨物或實

產的收益或價值提出申索，

則(a)段所述的須負法律責任的人或(在符合第2條規則的規定下)執達主任，可循互爭權利訴訟而向

法庭申請濟助。

(2) 本命令凡提述執達主任之處，須解釋為包括提述藉原訟法庭的授權或根據原訟法庭的授權

而負責執行法律程序文件的任何其他人員。

(1998年第25號第2條)

2. 對執行時所取去的貨物等的申索

(第17號命令第2條規則)

第 4A 章 - 《高等法院規則》 53

(1) 任何人如提出對根據法院的法律程序文件作執行時所取去或所擬取去的任何金錢、貨物或

實產的申索或就該等金錢、貨物或實產提出申索，或提出對任何該等貨物或實產的收益或價值的申

索，則必須向負責執行該法律程序文件的執達主任發出關於其申索的通知書，並必須在其通知書內

包括一項關於其地址的陳述，而該地址即為其送達地址。

(2) 在接獲根據本條規則提出的申索後，執達主任必須隨即向執行債權人發出關於該申索的通

知書，而執行債權人則必須在接獲該通知書後7天內向執達主任發出通知，通知執達主任他是承認該

申索抑或對該申索有爭議。

按照本款發出通知書承認某申索的執行債權人，只須就執達主任在接獲該通知書前所招致的費

用及開支負法律責任。

(3) 凡─

(a) 執達主任接獲執行債權人根據第(2)款發出的對申索有爭議的通知書，或執行債權人沒

有在該款所述的期限內發出所規定的通知書，及

(b) 根據本條規則提出的申索並未撤回，

則執達主任可根據本命令向法庭申請濟助。

(4) 執達主任如接獲執行債權人根據第(2)款發出的承認根據本條規則提出的申索的通知書，須

撤回對所申索的金錢、貨物或實產的管有，並可根據本命令向法庭申請屬下述種類的濟助，即禁制

他人就他已取得該等金錢或該等貨物或實產的管有或關於該事而針對他提出訴訟的命令。

3. 申請方式(第17號命令第3條規則)

(1) 根據本命令提出的濟助申請，除非是在待決的訴訟中提出，否則可以藉原訴傳票提出，而

在待決的訴訟中提出者，則必須藉在該宗訴訟中發出的傳票提出。 (2008年第152號法律公告)

(2) 凡申請人為已撤回對在執行時所扣押的金錢、貨物或實產的管有並正根據第2(4)條規則申

請濟助的執達主任，傳票必須送達根據該條規則提出對該等金錢或該等貨物或實產的申索或就該等

金錢或該等貨物或實產提出申索的人，而該人可出席該項申請的聆訊。

(3) 根據本條規則發出的原訴傳票須採用附錄A表格10的格式。

(4) 除第(5)款另有規定外，根據本條規則發出的傳票必須由證明以下事宜的證據支持─

(a) 除有關費用或訟費外，申請人對爭議中的標的物不申索任何權益，

(b) 申請人並無與該標的物的申索人中任何一人串通，及

(5) 凡申請人為執達主任，則除非獲法庭指示如此行事，否則不得提供第(4)款所提述的證據。

(6) 任何人如根據第2條規則提出申索並獲送達根據本條規則發出的傳票，須於14天內向執行債

權人及執達主任送達一份誓章，指明所申索的金錢，描述所申索的貨物及實產，並列出提出該申索

所依據的理由。

(7) 凡申請人為執達主任，根據本條規則發出的傳票必須就第(6)款的規定作出通知。

5. 聆訊傳票的法庭的權力(第17號命令第5條規則)

(1) 凡在聆訊根據本命令發出的傳票時，所有就爭議中的標的物提出敵對申索的人(在本命令中

下稱“申索人”)均有出庭，法庭可命令─

(a) 使任何申索人在任何待決的訴訟中就爭議中的標的物成為被告人，以取代根據本命令

要求獲得濟助的申請人或加入成為另一名被告人，或

(b) 申索人之間的爭論點須予呈述並審訊，並可指示申索人中誰人為原告人及誰人為被告

第 4A 章 - 《高等法院規則》 54

人。

(2) 凡─

(a) 根據本命令發出的傳票的申請人為執達主任，或

(b) 所有申索人均表同意或任何一名申索人有此請求，或

則法庭可循簡易程序就申索人之間所爭論的問題作出裁定，並據此作出命令及施加公正的條款。

(3) 凡申索人已獲妥為送達根據本命令發出的要求濟助的傳票，但沒有在該傳票聆訊時出庭，

或雖有出庭卻沒有或拒絕遵從在有關法律程序中作出的命令，則法庭可作出一項命令，宣布該申索

人及所有在他之下作申索的人，永遠被禁止就該濟助而針對有關申請人及所有在有關申請人之下作

申索的人進行其申索，但該項命令對申索人之間的權利並無影響。

6. 命令出售在執行時所取去的貨物的權力

(第17號命令第6條規則)

凡根據任何法律程序文件作執行而已取得任何貨物或實產的管有的執達主任根據本命令提出濟

助申請，且有任何申索人聲稱他根據一份賣據或其他依據有權享有該等貨物或實產以作為對債項的

保證，則法庭可命令出售該等貨物或實產或其任何部分，並可指示售賣所得收益須以公正及該命令

所指明的方式以及按公正及該命令所指明的條款而予以應用。

7. 擱置法律程序的權力(第17號命令第7條規則)

凡任何訴訟的被告人在該宗訴訟中根據本命令申請濟助，法庭可藉命令擱置該宗訴訟的所有進

一步法律程序。

8. 其他權力(第17號命令第8條規則)

除本命令的前述規則另有規定外，法庭可在任何互爭權利訴訟的法律程序中或就任何該等法律

程序，就訟費或任何其他事宜作出其認為公正的命令。

9. 就多宗訟案或多項事宜而作出一項命令

(第17號命令第9條規則)

凡法庭認為在任何互爭權利訴訟的法律程序中就多宗在法庭待決的訟案或多項在法庭待決的事

宜作出一項命令屬於必需或合宜，則法庭可作出該項命令；該項命令須以所有該等訟案或事宜的標

題為標題，並對所有該等訟案或事宜的各方具有約束力。

10. 文件透露(第17號命令第10條規則)

第24及26號命令在加以必要的變通後，適用於互爭權利訴訟的爭論點，一如其適用於任何其他

訟案或事宜。

11. 互爭權利訴訟的爭論點的審訊

(第17號命令第11條規則)

第 4A 章 - 《高等法院規則》 55

(1) 第35號命令在加以必要的變通後，適用於互爭權利訴訟的爭論點的審訊，一如其適用於訴

訟的審訊。

(2) 審訊互爭權利訴訟的爭論點的法庭，可作出能對在互爭權利訴訟的法律程序中出現的所有

問題作最終處置的判決或命令。

命令： 18 狀書 L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

1. 申索陳述書的送達(第18號命令第1條規則)

除非法庭另作許可或令狀已註有申索陳述書，否則原告人必須向被告人送達申索陳述書，或如

有兩名或多於兩名被告人，則必須向每一名被告人送達申索陳述書，且必須在令狀送達該被告人

時，或在令狀送達後的任何時間(但須在該被告人發出擬抗辯通知書後14天屆滿前)如此行事。

2. 抗辯書的送達(第18號命令第2條規則)

(1) 除第(2)及(3)款另有規定外，就一宗訴訟發出擬抗辯通知書的被告人，除非法庭另作許

可，否則必須在令狀的送達認收時限後28天屆滿前或在申索陳述書送達他後28天屆滿前(以較遲者為

準)，將抗辯書送達可能受其影響的訴訟其他每一方。 (1996年第383號法律公告)

(2) 如根據第14號命令第1條規則或根據第86號命令第1條規則發出的傳票是在被告人送達其抗

辯書前送達被告人的，第(1)款對他並無效力，但如就該傳票而作出的命令給予被告人許可就該宗訴

訟作抗辯則除外；而在該情況下，第(1)款須猶如該款是規定被告人須在該命令作出後28天內或在該

命令所指明的其他期限內送達其抗辯書般具有效力。

(3) 凡被告人根據第12號命令第8(1)或(2)條規則提出申請，第(1)款對他並無效力，但如該申

請遭駁回或並無命令就該申請作出則除外；而在該情況下，第(1)款須猶如該款是規定被告人須在該

申請的最終裁定後28天內或在法庭所指明的其他期限內送達其抗辯書般具有效力。 (1996年第383

號法律公告)

(2008年第152號法律公告)

3. 答覆書及反申索的抗辯書的送達

(第18號命令第3條規則)

(1) 如為遵從第8條規則而有此需要，獲一名被告人送達抗辯書的原告人，必須向該名被告人送

達答覆書；如並無送達答覆書，則第14(1)條規則即告適用。

(2) 獲一名被告人送達反申索書的原告人，如擬就該反申索書作抗辯，必須向該名被告人送達

反申索的抗辯書。

(3) 原告人如向任何被告人送達答覆書及反申索的抗辯書，必須將兩者包括在同一文件中。

(4) 就任何抗辯書發出的答覆書，必須由原告人在該抗辯書送達他後28天屆滿前送達，而反申

索的抗辯書則必須由原告人在該抗辯書所關乎的反申索書送達他後28天屆滿前送達。 (2008年第

152號法律公告)

4. 繼答覆書之後的狀書

(第18號命令第4條規則)

除非經法庭許可，否則不得送達繼答覆書或反申索的抗辯書之後的狀書。

第 4A 章 - 《高等法院規則》 56

5. 狀書在夏天休庭期內的送達(第18號命令第5條規則)

除非經法庭許可或經有關訴訟的所有各方同意，否則不得在夏天休庭期內送達狀書或經修訂的

狀書。

(香港)5A. 狀書及原訴法律程序文件的送交存檔

(第18號命令第5A條規則)

(1) 除第3號命令第5(3)條規則及本條規則的條文另有規定外，每份狀書及原訴法律程序文件均

須在其可由一方送達任何另一方的時限內送交登記處存檔。

(2) 任何一方均可藉述明所需的延展時限的傳票，向法庭申請延展狀書或原訴法律程序文件的

送交存檔時限。

(3) 如任何一方沒有在根據第(1)款而容許的時限或根據第(2)款而容許的延展時限內將一份狀

書或原訴法律程序文件送交存檔，則未經法庭許可，該一方不可將該份狀書或原訴法律程序文件送

交存檔。

6. 狀書：形式方面的規定(第18號命令第6條規則)

(1) 任何訴訟的每份狀書表面必須載有─

(a) 該宗訴訟的令狀發出的年份及該宗訴訟的編號，

(b) 該宗訴訟的標題，

(d) 該份狀書的描述，及

(e) 該份狀書的送達日期。

(2) 如有需要，每份狀書必須加以分段，而每段則必須順序編號，且在方便的範圍內，每段只

可載有一項指稱。

(3) 狀書上的日期、款額及其他數目必須以數字而非文字表達。

(4) 每份狀書─

(a) 如屬由一方親自起訴或作抗辯，必須註有該一方的姓名或名稱及地址；

(b) 如屬任何其他情況，則必須註有送達該份狀書的律師的姓名或事務所及營業地址，以

及(如該名律師是另一名律師的代理人)該名律師的委託人的姓名或事務所以及營業地

址。

(5) 每份狀書，如是由大律師擬備的，必須由大律師簽署，否則必須由有關一方的律師簽署，

或如是由某一方親自起訴或作抗辯的，則必須由該一方簽署。

7. 所訴的須為事實而非證據(第18號命令第7條規則)

(1) 除本條規則及第7A、10、11及12條規則另有規定外，每份狀書必須載有並只可載有一份簡

要陳述，述明作訴的一方提出申索或作抗辯(視屬何情況而定)所倚據的具關鍵性的事實，而非述明

用以證明該等事實的證據；該份陳述必須在案件性質所容許的範圍內盡量簡潔。

(2) 在不損害第(1)款的原則下，狀書中所提述的任何文件的效力或任何對話的大意，如具關鍵

性，則必須簡要述明，而除非該份文件或該次對話所用字句本身具關鍵性，否則不得以原文述明。

(3) 任何事實，如根據法律是推定為真實的，或證明它是虛假的責任在於另一方，則除非該另

一方在其狀書中特別對該事實加以否認，否則有關一方無須就該事實作訴。

第 4A 章 - 《高等法院規則》 57

(4) 如某事情的作出或某事件的發生(視屬何情況而定)是組成任何一方的案的先決條件，則有

關該事情的作出或該事件的發生的陳述，即已隱含在該一方的狀書中。

7A. 定罪等被援引為證據：須予作訴的事宜

(第18號命令第7A條規則)

(1) 如在任何會在有狀書的情況下進行審訊的訴訟中，任何一方擬倚據《證據條例》(第8章)第

62條(定罪作為民事法律程序中的證據)以援引證據，證明某人曾被香港某個法庭裁定某項罪名成

立，或曾在香港某個法庭席前被裁定某項罪名成立，則該一方必須在其狀書內包括一項有關其意圖

及以下詳情的陳述─

(a) 該項定罪及其日期，

(b) 作出該項定罪的法庭，及

(2) 如在任何會在有狀書的情況下進行審訊的訴訟中，任何一方擬倚據《證據條例》(第8章)第

63條(通姦的裁斷作為民事法律程序中的證據)以援引證據，證明某人曾在婚姻法律程序中被裁斷犯

通姦，則該一方必須在其狀書內包括一項有關其意圖及以下詳情的陳述─

(a) 該項裁斷及其日期，

(b) 作出該項裁斷的法庭及法律程序，及

(3) 凡一方的狀書包括第(1)或(2)款所提述的陳述，如對方─

(a) 否認該項陳述所關乎的定罪或通姦的裁斷，或

(b) 指稱該項定罪或裁斷有錯誤，或

則他必須在其狀書中作出該項否認或指稱。

8. 必須特別作訴的事宜(第18號命令第8條規則)

(1) 任何一方必須在繼申索陳述書之後的任何狀書中，特別就任何屬以下情況的事宜作訴(如履

行、解除、任何關於時效的法規、欺詐或任何反映不合法事情的事實)─

(a) 該事宜是他指稱使對方的任何申索或抗辯不能確立的；或

(b) 如不特別就該事宜作訴即可能會使對方難以逆料；或

(2) 在不損害第(1)款的原則下，收回土地的訴訟的被告人，必須就他所倚據的每一抗辯理由特

別作訴，而述明該土地是由他本人或其租客管有的訴並不足夠。

(3) 就懲罰性損害賠償或暫定損害賠償而提出的申索，必須與作訴的一方所倚據的事實一併特

別作訴。

(4) 任何一方必須特別就他根據本條例第48條或其他依據就利息提出的任何申索作訴。

9. 不論事宜何時發生皆可作訴

(第18號命令第9條規則)

除第7(1)、10及15(2)條規則另有規定外，任何一方可在任何狀書中就在任何時間發生的事宜作

訴，不論該事宜是在令狀發出之前或之後發生。

第 4A 章 - 《高等法院規則》 58

10. 偏離(第18號命令第10條規則)

(1) 任何一方不得在任何狀書作出任何與他以前的狀書不相符的事實指稱或提出任何與他以前

的狀書不相符的新申索理由。

(2) 第(1)款不得視為損害任何一方修訂或申請許可修訂他以前的狀書以提出交替的指稱或申索

的權利。

11. 法律論點可予作訴(第18號命令第11條規則)

何一方可藉其狀書提出任何法律論點。

12. 狀書的詳情(第18號命令第12條規則)

(1) 除第(2)款另有規定外，每份狀書必須載有任何已作訴的申索、抗辯或其他事宜的必要詳

情，並在不損害前述條文的一般性的原則下─

(a) 必須包括作訴的一方所倚據的有關任何失實陳述、欺詐、違反信託、故意過失或不當

影響的詳情；

(b) 凡作訴的一方就任何人的精神狀況作出任何指稱，不論是任何精神失常或失能或任何

惡意、欺詐意圖或其他精神狀況(但知識除外)，則必須包括該一方所倚據的事實詳

情；及 (1991年第404號法律公告)

減低損害賠償款額或與損害賠償款額有關的任何事實詳情。 (1991年第404號法律公

告)

(1A)第(1B)款另有規定外，就人身傷害而提出的訴訟的原告人，在送達其申索陳述書時，須一

併送達─

(a) 一份醫學報告；及

(b) 一份關於所申索的專項損害賠償的陳述書。 (1991年第404號法律公告)

(1B) 凡第(1A)款所適用的文件並無與申索陳述書一併送達，法庭可─

(a) 指明須提供該等文件的期限；或

(b) 作出其認為適合的其他命令(包括免除第(1A)款的規定或擱置有關法律程序的命令)。

(1991年第404號法律公告)

(1C) 就本條規則而言─

“醫學報告”(medical report) 指一份證實原告人在申索陳述書中指稱的所有人身傷害的報告，並

且是原告人擬在審訊時援引作為其案的一部分的證據者；

“關於所申索的專項損害賠償的陳述書”(a statement of the special damages claimed) 指一份

提供專項損害賠償申索(就已招致的開支及損失而提出)的所有詳情的陳述書，並且有一項關於

任何未來開支及損失(包括在入息及退休金權利方面的損失)的估計。 (1991年第404號法律公

告)

(2) 凡有需要提供關於債項、開支或損害賠償的詳情而該等詳情是超逾3單位的字數時，則該等

詳情必須在另外一份文件中列出，而有關狀書必須提述該另外一份文件；有關狀書必須述明該份文

件是否已送達，如已予送達則須述明送達的時間，或述明該文件會與狀書一併送達。

(3) 法庭可命令某一方向任何另一方，送達關於在其狀書或其誓章(已被命令用作狀書)中述明

的任何申索、抗辯或其他事宜的詳情，或送達述明該一方所倚據的案的性質的陳述書；該命令並可

按法庭認為公正的條款作出。

第 4A 章 - 《高等法院規則》 59

(3A)法庭可應某一方的申請或主動根據第(3)款作出命令。 (2008年第152號法律公告)

(3B) 除非法庭認為，為公正地處置訟案或事宜或為節省訟費，有需要根據第(3)款作出命

令，否則法庭不得作出該命令。 (2008年第152號法律公告)

(4) 凡某一方指稱事實上某人知道或知悉某件事實、事宜或事情，則在不損害第(3)款的一般性

的原則下，法庭可按其認為公正的條款，命令該一方向任何另一方送達以下詳情─

(a) 凡該一方指稱該人是知道的，為該一方所倚據的事實的詳情，及

(b) 凡該一方指稱該人是知悉的，為關於其知悉一事的詳情。

(5) 除非法庭認為根據本條規則作出的命令，對使被告人作訴或因任何其他特別原因是屬於必

需或適宜的，否則不得在抗辯書送達前作出該項命令。

(6) 凡要求根據本條規則作出命令的申請人並未藉書函申請取得他所需的詳情，則法庭除非認

為有充分理由不藉書函提出申請，否則可拒絕作出該項命令。

(7) 凡有詳情依據一項要求或一項法庭的命令而提供，則須將該項要求或命令收納於該等詳情

之內，而每項詳情則須緊隨與其相對應的要求或命令之後列出。

12A. 具有不一致的交替形式的狀書

(第18號命令第12A條規則)

在符合下述條件下，任何一方可在任何狀書中，作出與同一狀書中的另一事實指稱不一致的事

實指稱—

(a) 該一方有合理理由如此行事；及

(b) 該等指稱以交替形式作出。

(2008年第152號法律公告)

13. 承認及否認(第18號命令第13條規則)

(1) 在不抵觸第(6)款的條文下，任何一方在其狀書中指稱的任何事實，除非被對方在其狀書中

拒認或第14條規則所指的有爭論點提出一事，具有不承認該項指稱的效用，否則當作為對方所承

認。 (1992年第403號法律公告；2008年第152號法律公告)

(2) 在不抵觸第(5)款的條文下，拒認可藉否認或不承認的陳述作出，並可以明示或以必然屬默

示的方式作出。 (2008年第152號法律公告)

(3) 獲送達一份申索陳述書或反申索陳述書的一方，如不擬對該份陳述書中作出的事實指稱加

以承認，則必須在其抗辯書或反申索的抗辯書(視屬何情況而定)中，對每一項該等指稱加以特別拒

認；而對該等指稱的概括否認，或一項不承認該等指稱的概括陳述，並非為對該等指稱的充分拒

認。 (1992年第403號法律公告)

(4) (由1992年第403號法律公告廢除)

(5) 凡在申索陳述書或反申索陳述書中作出的指稱，被某一方藉否認而拒認，該方須在其抗辯

書或反申索的抗辯書中—

(a) 述明他作出此舉的理由；及

(b) (如他擬提出的事件情由有別於申索人所提供者)述明其情由。 (2008年第152號法律

公告)

(6) 凡任何一方—

(a) 沒有處理某指稱；但

(b) 已在其抗辯書或反申索的抗辯書中，就該指稱所攸關的爭論點，列明其案件的性質，

該方須視為要求該指稱須予以證明。 (2008年第152號法律公告)

第 4A 章 - 《高等法院規則》 60

14. 藉有爭論點提出而作出的不承認

(第18號命令第14條規則)

(2008年第152號法律公告)

(1) 如並無就抗辯書發出答覆書，即默示就該抗辯書有爭論點提出。

(2) 除第(3)款另有規定外─

(a) 在狀書提交期結束時，即默示就最後送達的狀書有爭論點提出，及

(b) 任何一方可在其狀書中明示就先前狀書的前一份狀書有爭論點提出。

(3) 就申索或反申索陳述書而言，不得有爭論點提出，不論是明示或默示。

(4) 有爭論點提出一事具有不承認明示或默示有爭論點提出的狀書中每一項具關鍵性的事實指

稱的效用，但如屬明示有爭論點提出的情況，對任何並無爭論點就其提出並經述明是獲承認的該等

指稱，則無此效用；而在該種情況下，明示有爭論點提出一事，具有不承認該等指稱以外的其他每

一項指稱的效用。 (2008年第152號法律公告)

15. 申索陳述書(第18號命令第15條規則)

(1) 申索陳述書必須特別述明原告人所申索的濟助或補救，但無須特別申索訟費。

(2) 除非某訴訟因由已在有關令狀中述及，或產生該訴訟因由的事實，是與經如此述及的訴訟

因由所產自的事實相同或包括該等事實或屬該等事實的一部分，否則申索陳述書不得載有任何關於

該訴訟因由的指稱或申索，但除此之外，原告人可在其申索陳述書之中更改、變動或擴大他在令狀

的註明中提出的任何申索，而無須修訂該註明。

(3) 每份申索陳述書的表面，必須載有一項關於在訴訟中發出的令狀的發出日期的陳述。

16. 已提供付款的抗辯(第18號命令第16條規則)

在任何訴訟中，如所訴的抗辯是在訴訟前已提供付款者，則被告人必須按照第22號命令向法院

繳存該筆指稱已提供的付款，而除非與直至有關款項已繳存法院，不得以已提供付款作抗辯。

17. 以抵銷作為抗辯(第18號命令第17條規則)

凡被告人倚據其就一筆款項(不論款額確定與否)提出的申索作為對原告人提出的全部或部分申

索的抗辯，該項申索可被包括在抗辯書中並抵銷原告人的申索，不論其是否亦已被加入成為一項反

申索。

18. 反申索及反申索的抗辯書(第18號命令第18條規則)

在不損害本命令一般地適用於反申索及反申索的抗辯書的原則下，或在不損害本命令的任何特

別適用於任何一種該等狀書的條文下─

(a) 第12(1A)、(1B)及(1C)及15(1)條規則適用於任何反申索，猶如該反申索是一份申索陳

述書及提出該反申索的被告人是原告人一樣； (1991年第404號法律公告)

(b) 第8(2)、16及17條規則在加以必要的變通後，適用於反申索的抗辯書，一如其適用於

抗辯書。

第 4A 章 - 《高等法院規則》 61

19. 剔除狀書及註明(第18號命令第19條規則)

(1) 法庭可在法律程序的任何階段，主動或應申請而基於以下理由，命令剔除或修訂有關訴訟

的任何狀書或任何令狀的註明，或任何狀書或該註明上的任何東西─ (2008年第152號法律公告)

(a) 該狀書、註明或東西並無披露合理的訴訟因由或抗辯(視屬何情況而定)；或

(b) 該狀書、註明或東西屬於惡意中傷、瑣屑無聊或無理纏擾；或

(d) 在其他方面而言該狀書、註明或東西是濫用法庭的法律程序；

並可命令擱置或撤銷有關訴訟或命令據此登錄判決(視屬何情況而定)。

(2) 不得就根據第(1)(a)款提出的任何申請而接納任何證據。

(3) 本條規則在可予適用的範圍內，適用於原訴傳票及呈請書，猶如該傳票或呈請書(視屬何情

況而定)是狀書一樣。

20. 狀書提交期的結束(第18號命令第20條規則)

(1) 訴訟中的狀書提交期當作在以下時間結束─

(a) 答覆書送達後(或如並無答覆書而只有反申索的抗辯書，則為該反申索的抗辯書送達

徎( �4天屆滿時，或

(b) 如並無送達答覆書，亦無送達反申索的抗辯書，則為抗辯書送達後28天屆滿時。

(2008年第152號法律公告)

(2) 即使任何關於提供詳情的請求或命令已經作出但直至第(1)款所訂定的時間之時請求或命令

尚未獲遵從，訴訟中的狀書提交期仍當作在該時間結束。

20A. 狀書等須以屬實申述核實

(第18號命令第20A條規則)

(1) 狀書及第(2)款指明的狀書詳情，必須按照第41A號命令，以屬實申述核實。

(2) 第(1)款提述的狀書詳情，是某一方給予任何另一方的詳情，不論該等詳情是自願或依據下

述請求或命令而給予的—

(a) 該另一方作出的請求；或

(b) 根據第12(3)或(4)條規則作出的法庭命令。

(2008年第152號法律公告)

21. 在無狀書的情況下進行的審訊

(第18號命令第21條規則)

(1) 凡任何被告人已在本條規則所適用的訴訟中就該訴訟發出擬抗辯通知書，原告人或該被告

人可藉傳票向法庭申請作出命令，命令該宗訴訟須在無狀書或無進一步狀書(視屬何情況而定)的情

況下進行審訊。

(2) 如在聆訊根據本條規則提出的申請時，法庭信納各方之間所爭議的爭論點可在無狀書或無

進一步狀書的情況下予以界定，或信納該宗訴訟因任何其他理由而可在無狀書或進一步狀書的情況

下妥為進行審訊(視屬何情況而定)，則法庭須命令就該宗訴訟如此進行審訊，並可指示各方擬備有

關所爭議的爭論點的陳述書，如各方未能就該陳述書達成協議，法庭可自行擬備該陳述書。

第 4A 章 - 《高等法院規則》 62

(3) 法庭如根據第(2)款作出命令，須就該宗訴訟的繼續進行事宜作出適當的指示，但法庭如駁

回要求作出該命令的申請，則可就該訴訟的繼續進行事宜作出適當的指示；而第25號命令第2至7條

規則，在略去第7(1)條規則中規定各方須將一份指明其所意欲取得的命令及指示的通知書的字句並

加以任何其他必要的變通後，須得適用，猶如根據本條規則提出的申請是案件管理傳票一樣。

(2008年第152號法律公告)

(4) 本條規則適用於每一宗藉令狀開展的訴訟，但包括以下申索者除外─

(a) 原告人就永久形式誹謗、短暫形式誹謗、惡意檢控或非法禁錮而提出的申索；或

(1990年第363號法律公告)

(b) 原告人基於詐騙指稱而提出的申索。

22. 關於根據《商船法令》作抗辯的保留條文等

(第18號命令第22條規則)

第75號命令第37至40條規則，不得視為局限任何船東或其他人倚據適用於香港的1894至1979年

《商船法令》*#或《商船(本地船隻)條例》(第548章)、《商船(海員)條例》(第478章)或《商船(安

全)條例》(第369章)的任何條文作抗辯的權利，而該等條文是對任何船東或其他人就船隻或其他財

產所須負的法律責任的範圍加以局限的。

(1988年第356號法律公告；1995年第44號第143條；2005年第24號第55條)

23. 關乎《2008年修訂規則》第93條的

過渡性條文(第18號命令第23條規則)

凡任何申索陳述書已在《2008年修訂規則》的生效日期+前送達被告人，則《2008年修訂規則》

第93條不適用於該申索抗辯書以及(如反申索書已送達原告人)反申索的抗辯書，而在緊接該生效日

期前有效的第13條規則繼續適用，猶如《2008 年修訂規則》第93條並未訂立一樣。

(2008年第152號法律公告)

24. 關乎《2008年修訂規則》第96及97條的

過渡性條文(第18號命令第24條規則)

凡任何申索陳述書已在《2008年修訂規則》生效+前送達被告人，則《2008年修訂規則》第96及

97條—

(a) 並不就有關的抗辯書及抗辯書的答覆書的送達而適用；及

(b) (如反申索書已送達原告人)並不就有關的反申索的抗辯書的送達而適用，

而在緊接該規則生效前有效的第2及3條規則繼續適用，猶如《2008年修訂規則》第96及97條並未訂

立一樣。

(2008年第152號法律公告)

___________________________________________________________________________

註：

* “《商船法令》”乃“Merchant Shipping Acts”之譯名。

# 並請參閱以下條文─

(a) 就《1894年商船法令》而言，第415章附表5第3部及第508章附表2第1條；

(b) 就1894至1979年的《商船法令》(Merchant Shipping Acts) 而言，第281章第117條、第

415章第103條及第478章第142條。

第 4A 章 - 《高等法院規則》 63

+ 生效日期：2009年4月2日。

命令： 19 欠缺狀書 L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

1. 沒有送達申索陳述書(第19號命令第1條規則)

凡本規則規定原告人須向被告人送達申索陳述書而原告人沒有作此送達，被告人可在本規則或

根據本規則所定的送達申索陳述書期限屆滿後，向法庭申請作出撤銷有關訴訟的命令，而法庭可藉

命令撤銷有關訴訟或作出其他命令並施加其認為公正的條款。

2. 欠缺抗辯書：就經算定的索求款項而提出申索

(第19號命令第2條規則)

(1) 凡原告人只就一筆經算定的索求款項而針對某被告人提出申索，如該被告人沒有向原告人

送達抗辯書，則原告人可在本規則或根據本規則所定的送達抗辯書期限屆滿後，就一筆不超逾令狀

所申索的索求款額的款項以及訟費，登錄該被告人敗訴的最終判決，並可針對其他被告人(如有的

話)繼續進行有關訴訟。 (見附錄A表格39)

(2) 為施行本條規則，第13號命令第1(2)條規則適用，一如其為施行該條規則而適用。

3. 欠缺抗辯書：就未經算定的損害賠償而提出申索

(第19號命令第3條規則)

凡原告人只就一筆未經算定的損害賠償而針對某被告人提出申索，如該被告人沒有向原告人送

達抗辯書，則原告人可在由本規則或根據本規則所定的送達抗辯書期限屆滿後，就損害賠償(有待評

估)及訟費，登錄該被告人敗訴的非正審判決，並可針對其他被告人(如有的話)繼續進行有關訴訟。

(見附錄A表格40)

4. 欠缺抗辯書：在要求發還被扣押的貨物的訴訟中

提出申索(第19號命令第4條規則)

(1) 凡原告人針對某被告人提出的申索只與貨物的扣押有關，如該被告人沒有向原告人送達抗

辯書，則除第42號命令第1A條規則另有規定外，原告人可在本規則或根據本規則所定的送達抗辯書

期限屆滿後─

(a) 選擇─

(i) 登錄判被告人敗訴須交付貨物或支付貨物的價值(有待評估)並支付訟費的非正審

判決，或

(ii)登錄判給貨物的價值(有待評估)並支付訟費的非正審判決，或

(b) 藉傳票申請登錄該被告人敗訴須交付貨物的判決，而不讓該被告人有支付貨物的價值

(有待評估)的選擇，

並在任何情況下，針對其他被告人(如有的話)繼續進行有關訴訟。 (見附錄A表格41)

(2) 根據第(1)(b)款發出的傳票，必須由誓章支持，而儘管第65號命令第9條規則已有規定，傳

票以及有關的誓章文本仍必須送達所尋求的判決所針對的被告人。

5. 欠缺抗辯書：就土地的管有而提出申索

第 4A 章 - 《高等法院規則》 64

(第19號命令第5條規則)

(1) 凡原告人只就土地的管有而針對某被告人提出申索，如該被告人沒有向原告人送達抗辯

書，則原告人可在本規則或根據本規則所定的送達抗辯書期限屆滿後，並在交出一份由其律師發出

的證明書或(如他是親身起訴的話)一份誓章，述明他在有關訴訟中並非申索任何性質屬於第88號命

令第1條規則所指明的濟助後，就土地的管有及訟費，登錄該被告人敗訴的判決，並可針對其他被告

人(如有的話)繼續進行有關訴訟。 (見附錄A表格42)

(5) 凡被告人多於一名，則根據本條規則登錄的判決，不得針對任何一名被告人而強制執行，

除非與直至就土地的管有而判所有被告人敗訴的判決已予以登錄。

6. 欠缺抗辯書：混合申索(第19號命令第6條規則)

凡原告人針對某被告人提出第2至5條規則所述的申索中兩項或多於兩項的申索，而並無提出其

他申索，如該被告人沒有向原告人送達抗辯書，則原告人可在本規則或根據本規則所定的送達抗辯

書期限屆滿後，就任何該等申索，針對該被告人登錄假若該申索是所提出的唯一申索他即有權根據

該等規則登錄的判決，並可針對其他被告人(如有的話)繼續進行有關訴訟。

7. 欠缺抗辯書：其他申索(第19號命令第7條規則)

(1) 凡原告人針對一名或多名被告人提出不屬於第2至5條規則所述類別的申索，如該名被告人

或所有被告人(凡屬多於一名者)沒有向原告人送達抗辯書，則原告人可在本規則或根據本規則所定

的送達抗辯書期限屆滿後，向法庭申請作出判決，而法庭在聆訊該申請時，須作出看來是原告人有

權就其申索陳述書而取得的判決。

(2) 凡原告人針對多於一名被告人提出第(1)款所述的申索，如該等被告人中有一人如該款所述

般沒有送達抗辯書，則原告人可─

(a) (如他針對該名沒有送達抗辯書的被告人提出的申索是可與他針對其他被告人提出的申

索分割)根據該款申請作出該被告人敗訴的判決，並針對其他被告人繼續進行有關訴

訟；或

(b) 在將訴訟排期以針對其他被告人進行審訊時，同時將訴訟排期以要求作出該被告人敗

訴的判決；或在將訴訟排期以要求作出其他被告人敗訴的判決時，同時將訴訟排期以

要求作出該被告人敗訴的判決。

(3) 根據第(1)款提出的申請，必須藉傳票提出。

(2008年第152號法律公告)

8. 欠缺反申索的抗辯書(第19號命令第8條規則)

為施行第2至7條規則，針對原告人提出反申索的被告人，須視作為猶如已針對某被告人提出在

反申索書中的申索的原告人一樣；而凡反申索所針對的原告人或任何另一方沒有送達反申索的抗辯

書，該等規則即據此適用，猶如反申索是申索陳述書、反申索的抗辯書是抗辯書、提出反申索的各

方是原告人及反申索所針對的各方是被告人一樣，以及猶如提述本規則所定或根據本規則所定的送

達抗辯書期限之處即為提述如此定出的送達反申索的抗辯書期限一樣。

(香港)8A. 擬登錄判決通知書(第19號命令第8A條)

(1) 除非屬於以下情況，否則任何一方不得根據本命令的條文，針對已將送達認收書送交存檔

第 4A 章 - 《高等法院規則》 65

以發出擬抗辯通知書的一方登錄判決，或就一份反申索書登錄判決─

(a) 在該送達認收書或反申索書送交存檔後，但在登錄判決前不少於2整天時，擬登錄判決

的一方已向所尋求的判決所針對的一方，送達有關他擬登錄判決的書面通知，或如該

一方是有法律代表的，則為向該一方的律師送達該書面通知；

(b) 證明該項送達的證據，已以誓章方式送交法院存檔。

(2) 凡屬以下情況，本條規則即不適用─

(a) 法庭已作出命令，訂明或延展送達抗辯書或反申索的抗辯書的時限；或

(b) 所尋求的判決所針對的一方，在有關法律程序中並無記錄在案的律師，亦沒有在該等

法律程序中述明一個在本司法管轄權範圍內而可將有關文件送達他的地址。

(1995年第223號法律公告)

9. 將判決作廢(第19號命令第9條規則)

法庭可施加其認為公正的條款而將任何依據本命令登錄的判決作廢或更改。

命令： 20 修訂 L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

1. 無須許可而修訂令狀(第20號命令第1條規則)

(1) 除第(3)款另有規定外，原告人可在藉令狀開展的訴訟中的狀書提交期被當作結束前的任何

時間，無須法庭許可而修訂令狀一次。

(2) 凡一份令狀在送達後根據本條規則而有所修訂，除非法庭應單方面的申請另作指示，否則

該份經修訂的令狀必須送達有關訴訟的每一名被告人。

(3) 本條規則不適用於由以下事宜組成的修訂─

(a) 有關訴訟的一方的加入、剔除或代入，或有關訴訟的一方在起訴或被起訴方面的身分

的改變，或

(b) 新訴訟因由的加入或代入，或

但如修訂是在令狀送達有關訴訟的任何一方前作出者，則屬例外。

2. 修訂送達認收書(第20號命令第2條規則)

(1) 除第(2)款另有規定外，任何一方如無法庭許可，不得修訂其送達認收書。

(2) 任何一方的送達認收書如載有一項陳述，其意思為─

(a) 他擬，或

(b) 他不擬

就送達認收書所關乎的法律程序提出爭議，則該一方可無須法庭許可而以一項表明相反意思的陳述

取代該項陳述的方式修訂送達認收書；但如屬(b)段的情況，修訂須在有判決在法律程序中取得前作

出。

(3) 凡根據本條規則獲批准修訂送達認收書，一份按如此批准而修訂的新送達認收書，必須遞

交或以郵遞方式送交登記處，而第12號命令第4條規則須得適用。

3. 無須許可而修訂狀書(第20號命令第3條規則)

第 4A 章 - 《高等法院規則》 66

(1) 任何一方均可在狀書提交期被當作結束前的任何時間，無須法庭許可而修訂其狀書一次，

而凡該一方如此行事，則必須向對方送達經修訂的狀書。

(2) 凡有經修訂的申索陳述書送達被告人─

(a) 如被告人已向原告人送達抗辯書，則被告人可修訂其抗辯書，及

(b) 被告人送達其抗辯書或經修訂的抗辯書(視屬何情況而定)的期限，須為本規則或根據

本規則所定的送達其抗辯書的期限，或為經修訂的申索陳述書送達他後14天的期限，

兩者以較遲屆滿者為準。

(3) 凡被告人向原告人送達經修訂的抗辯書─

(a) 如原告人已向該被告人送達答覆書，則原告人可修訂其答覆書，及

(b) 原告人送達其答覆書或經修訂的答覆書(視屬何情況而定)的期限，須為經修訂的抗辯

書送達他後的14天。

(4) 在第(2)及(3)款中，凡提述抗辯書及答覆書之處，即分別包括提述反申索書及反申索的抗

辯書。

(5) 凡被告人向反申索所針對的一方(原告人除外)送達經修訂的反申索書，第(2)款即告適用，

猶如反申索為申索陳述書一樣，並猶如提出反申索的一方為原告人及反申索所針對的一方為被告人

一樣。

(6) 凡任何一方已就一份狀書作訴，而該份狀書其後有所修訂並根據第(1)款送達該一方，如該

一方並不根據本條規則的前述條文修訂其狀書，則須視為以此作為他對經修訂的狀書的答覆，而在

該情況下，第18號命令第14(2)條規則即告生效，猶如經修訂的狀書是在其未經根據第(1)款作出修

訂而送達之時送達一樣。

4. 申請拒准無許可而作出修訂(第20號命令第4條規則)

(1) 在經根據第1(1)條規則修訂的令狀或經根據第3(1)條規則修訂的狀書送達任何一方後14天

內，該一方可向法庭申請拒准有關修訂。

(2) 凡聆訊根據本條規則所提出的申請的法庭信納，假若有要求根據第5條規則批予許可作出有

關修訂的申請在有關修訂根據第1(1)條規則或第3(1)條規則作出的日期提出，則作出有關修訂或部

分有關修訂的許可應已遭拒准，法庭須命令剔除有關修訂或該部分的有關修訂。

(3) 應根據本條規則所提出的申請而作出的命令，可在法庭施加其認為公正的關於訟費或其他

方面的條款下作出。

5. 經許可而修訂令狀或狀書(第20號命令第5條規則)

(1) 除第15號命令第6、7及8條規則及本條規則的以下條文另有規定外，法庭可在法律程序的任

何階段，容許原告人或任何一方按關於訟費或其他方面的公正條款，並以法庭所指示的方式(如有的

話)，修訂其令狀或狀書。

(2) 凡要求法庭批予許可作出第(3)、(4)或(5)款所述修訂的申請，是在令狀的發出日期仍有效

的有關時效期屆滿後始提出，法庭如認為如此行事屬於公正，仍可在該款所述的情況下批予該項許

可。

(3) 為改正任何一方的姓名或名稱而作出的修訂，如法庭信納所尋求改正的錯誤確是錯誤、並

且不會造成誤導或引起對擬起訴他人的人或被人擬將其起訴的人(視屬何情況而定)的身分的任何合

理懷疑，則即使有人指稱該項修訂的效力是會代入新的一方，法庭仍可根據第(2)款而容許該修訂。

(4) 為更改任何一方的起訴身分而作出的修訂，如新的身分是該一方在法律程序展開的日期已

具有或自該日期後所取得的，法庭可根據第(2)款而容許該修訂。

第 4A 章 - 《高等法院規則》 67

(5) 凡訴訟一方申請許可作出修訂，即使有加入或代入新的訴訟因由的效果，如引致新的訴訟

因由的事實，是與產生該一方在訴訟中已申索濟助的訴訟因由的事實相同或實質上相同的，則仍可

根據第(2)款而容許該修訂。

7. 對其他原訴法律程序文件的修訂

(第20號命令第7條規則)

第5條規則對原訴傳票、呈請書及原訴通知書或動議具有效力，一如其對令狀具有效力。

8. 對狀書及某些其他文件的修訂(第20號命令第8條規則)

(2008年第152號法律公告)

(1) 為確定任何法律程序的各方之間所爭議的真正問題或改正任何法律程序中的任何缺失或誤

差，法庭可在法律程序的任何階段，主動或應法律程序的任何一方的申請，命令將法律程序的狀書

或任何其他文件，按法庭所指示的方式(如有的話)予以修訂，法庭並可施加關於訟費或其他方面的

公正條款。 (2008年第152號法律公告)

(1A)除非法庭認為，為公正地處置訟案或事宜或為節省訟費，有需要根據第(1)款命令修訂狀

書，否則法庭不得作出該命令。 (2008年第152號法律公告)

(2) 本條規則對任何判決或命令並無效力。

9. 沒有在命令之後作出修訂(第20號命令第9條規則)

(1) 凡法庭根據本命令作出任何命令，給予任何一方許可修訂令狀、狀書或其他文件，如該一

方不在該命令為修訂而指明的期限或(如並無如此指明期限)該命令作出後14天的期限屆滿前，按照

該命令修訂文件，該命令即不再具有效力，但此事並不損害法庭延展該期限的權力。 (2008年第

152號法律公告)

(2) 第(1)款受法庭作出的任何指示規限。 (2008年第152號法律公告)

10. 修訂令狀等的方式(第20號命令第10條規則)

(1) 凡根據本命令的任何一條規則批准在令狀、狀書或其他文件中作出的修訂，由於數目繁多

或由於性質或長度的關係，以致對有關文件以書寫方式作出修改以實施該等修訂會令有關文件在閱

讀方面有困難或不方便，則必須擬備一份新的按如此批准而修訂的文件(如屬令狀或原訴傳票，則亦

須將之重新發出)；但除上文所述及根據第5或8條規則作出的指示另有規定外，獲如此批准的修訂，

可以書寫方式作出有關文件所需的修訂並以送交文本存檔的方式完成(如屬令狀或原訴傳票，則亦須

安排將有關文件重新蓋章)。

(2) 根據本命令經予修訂的令狀、狀書或其他文件，必須註有一項述明其經予修訂的陳述，該

項陳述亦須指明作出修訂的日期，作出批准修訂的命令(如有的話)的大法官、聆案官或司法常務官

的姓名及該命令的日期，或(如並無該命令作出)作出修訂所依據的本命令的規則條次。

11. 對判決及命令的修訂(第20號命令第11條規則)

判決或命令中的文書錯誤，或判決或命令中因意外失誤或遺漏所引致的誤差，可在任何時間由

法庭應傳票加以改正而無須作上訴。

第 4A 章 - 《高等法院規則》 68

(2008年第152號法律公告)

12. 按協議對狀書作出修訂(第20號命令第12條規則)

(1) 儘管本命令的前述條文已有規定，任何訟案或事宜中的任何狀書，仍可在法律程序的任何

階段，按雙方之間的書面協議而予以修訂。

(2) 本條規則對一方的加入、略去或代入所組成的修訂並無效力。

13. 對狀書或狀書詳情的修訂須以

屬實申述核實

(第20號命令第13條規則)

(1) 對狀書或第(2)款指明的狀書詳情的修訂，必須按照第41A號命令，以屬實申述核實。

(2) 第(1)款提述的狀書詳情，是某一方給予任何另一方的詳情，不論該等詳情是自願或依據下

述請求或命令而給予的—

(a) 該另一方作出的請求；或

(b) 根據第18號命令第12(3)或(4)條規則作出的法庭命令。

(2008年第152號法律公告)

命令： 21 撤回及中止 L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

1. 撤回送達認收(第21號命令第1條規則)

(2008年第152號法律公告)

在一宗訴訟中已作送達認收的一方，如經法庭許可，可在任何時間撤回該項認收。

(2008年第152號法律公告)

2. 無許可而中止訴訟等(第21號命令第2條規則)

(1) 除第(2A)款另有規定外，一宗藉令狀開展的訴訟的原告人，可無須法庭許可，在抗辯書送

達他或(如被告人有兩名或多於兩名)最後送達的一份抗辯書送達後14天內的任何時間，對任何一名

或所有被告人，中止該宗訴訟或撤回他在該宗訴訟中提出的任何特定申索，方法是向有關的被告人

送達一份具此意思的通知書。

(2) 除第(2A)款另有規定外，一宗藉令狀開展的訴訟的被告人，可無須法庭許可─

(a) 在任何時間撤回其抗辯書或其中的任何部分，

(b) 在反申索的抗辯書送達他或(如反申索是針對兩方或多於兩方提出的)最後送達的一份

反申索的抗辯書送達後14天內的任何時間，對反申索所針對的任何一方或所有各方，

中止反申索或撤回他在反申索中提出的任何特定申索，

方法是向原告人或有關的另一方送達具此意思的通知書。

(2A) 如有一筆中期付款被命令按照第29號命令作出，獲判可得該筆中期付款的一方，除非經法

庭許可或所有其他各方同意，否則不得中止任何訴訟或反申索，或撤回該宗訴訟或反申索中的任何

特定申索。

(3) 凡藉令狀開展的訴訟中有兩名或多於兩名被告人，而並非所有被告人均向原告人送達抗辯

書，且本規則或根據本規則所定的任何一名該等被告人送達其抗辯書的期限，是在任何其他被告人

第 4A 章 - 《高等法院規則》 69

送達其抗辯書的最後日期後屆滿的，則第(1)款具有效力，猶如該款中提述送達最後送達的抗辯書之

處是提述該期限屆滿一樣。

本款適用於反申索，一如其適用於藉令狀開展的訴訟，而凡提述抗辯書、原告人及第(1)款之

處，須分別代以反申索的抗辯書、被告人及第(2)款。

(3A) 一宗藉原訴傳票開展的訴訟的原告人，可無須法庭許可，在被告人依據第28號命令第

1A(2)條規則送交存檔的誓章證據送達他或(如被告人有兩名或多於兩名)最後送達的一份誓章證據送

達後14天內的任何時間，對任何一名或所有被告人，中止該宗訴訟或撤回原訴傳票中的任何特定問

題或申索，方法是向有關的被告人送達具此意思的通知書。

(3B) 凡藉原訴傳票開展的訴訟中有兩名或多於兩名的被告人，而並非所有被告人均向原告

人送達誓章證據，且本規則或根據本規則所定的任何一名該等被告人送達其誓章證據的期限，是在

任何其他被告人送達其誓章證據的最後日期後屆滿的，則第(3A)款具有效力，猶如該款中提述送達

最後送達的一份誓章證據之處是提述該期限屆滿一樣。

(4) 如一宗訴訟的所有各方均同意，則該宗訴訟可無須法庭許可而在審訊前的任何時間撤回，

方法是向司法常務官交出一份經所有各方簽署的撤回該宗訴訟的同意書。

3. 經許可而中止訴訟等(第21號命令第3條規則)

(1) 除第2條規則另有訂定外，如無法庭許可，任何一方不得中止任何訴訟(不論是藉令狀或其

他文件開展)或反申索，或撤回他在該訴訟或反申索中提出的任何特定申索；而聆訊要求批予該許可

的申請的法庭，可施加其認為公正的關於訟費、提出後繼的訴訟或其他方面的條款而命令就該宗訴

訟或反申索或其中的特定申索所針對的任何一方或所有各方而言，該宗訴訟或反申索須予中止，或

在該宗訴訟或反申索中提出的特定申索須予剔除。

(2) 根據本條規則要求批予許可的申請，可藉傳票或根據第25號命令第7條規則發出的通知書提

出。 (2008年第152號法律公告)

4. 中止的效力(第21號命令第4條規則)

除法庭在根據第3條規則批予許可時所施加的任何條款另有規定外，任何一方已中止一宗訴訟或

反申索或撤回他在該宗訴訟或反申索中提出的特定申索一事，在就相同或實質相同的訴訟因由提出

的後繼的訴訟中，不得作為抗辯。

5. 擱置後繼的訴訟直至訟費獲得支付為止

(第21號命令第5條規則)

(1) 凡任何一方已中止一宗訴訟或反申索或撤回他在該宗訴訟或反申索中提出的任何特定申

索，而他有法律責任支付任何另一方的該宗訴訟或反申索的訟費或任何另一方因該被撤回的特定申

索而承擔的訟費，則如他其後在該等訟費支付前，就相同或實質相同的訴訟因由提出一宗訴訟，法

庭可命令擱置該宗訴訟的法律程序，直至該等訟費獲得支付為止。

(2) 要求根據本條規則作出命令的申請，可藉傳票或根據第25號命令第7條規則發出的通知書提

出。 (2008年第152號法律公告)

6. 傳票的撤回(第21號命令第6條規則)

已在任何訟案或事宜中取得傳票的一方，如無法庭許可，不得撤回傳票。

第 4A 章 - 《高等法院規則》 70

命令： 22 和解提議及款項繳存法院 L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

I. 導言

1. 釋義(第22號命令第1條規則)

(1) 在本命令中—

“反申索”(counterclaim) 在文意許可或需要的情況下，包括申索；

“申索”(claim) 在文意許可或需要的情況下，包括反申索；

“附帶條款付款”(sanctioned payment) 指按照本命令以向法院繳存款項的方式作出的提議；

“附帶條款付款通知書”(sanctioned payment notice) 指根據第8(2)條規則規定須送交存檔的關

乎附帶條款付款的通知書；

“附帶條款和解提議”(sanctioned offer) 指按照本命令作出(並非以向法院繳存款項的方式作出)

的提議；

“受提議者”(offeree) 在有提議向某一方作出的情況下，指該方；

“原告人”(plaintiff) 在文意許可或需要的情況下，包括提出反申索的被告人；

“被告人”(defendant) 在文意許可或需要的情況下，包括反申索的被告人；

“提議者”(offeror) 指作出提議的一方。

(2) 凡在某訴訟中，原告人提出多於一項申索，在本命令中—

(a) 提述整項申索之處，須理解為提述所有該等申索的整體；

(b) 提述申索某部分之處，須理解為提述該等申索的任何一項或多於一項申索，或該等申

索的任何一項或多於一項申索的某部分；及

索中出現的爭論點。

2. 具有指明後果的和解提議

(第22號命令第2條規則)

(1) 凡某訴訟包含由一項或多於一項訴訟因由引致的金錢申索或非金錢申索，或包含如此引致

的金錢申索及非金錢申索，則任何一方均可按照本命令作出提議，以就整項申索或申索某部分或由

該申索引致的任何爭論點達致和解。

(2) 根據第(1)款作出的提議，可考慮訴訟中的任何反申索或抵銷。

(3) 根據第(1)款作出的提議，具有第20、21、22、23及24條規則(視何者適用而定)指明的後

果。

(4) 本命令的任何條文，均不阻止任何一方以他所選擇的任何方式作出和解提議，但如該提議

並非按照本命令作出，則除非法庭命令該提議須具有本命令指明的後果，否則該提議不具有該等後

果。

II. 出附帶條款和解提議或附帶

條款付款的方式

3. 被告人的和解提議

(第22號命令第3條規則)

第 4A 章 - 《高等法院規則》 71

(1) 被告人就整項申索或申索某部分或在該申索中出現的爭論點作出的和解提議，除非是以附

帶條款和解提議或附帶條款付款方式作出，或是以附帶條款和解提議及附帶條款付款方式作出，否

則該提議不具有本命令指明的後果。

(2) 凡被告人的提議涉及向原告人支付款項，該提議必須以附帶條款付款方式作出。

(3) 附帶條款付款只可在有關法律程序已經展開後作出。

4. 原告人的和解提議

(第22號命令第4條規則)

原告人就整項申索或申索某部分或在該申索中出現的爭論點作出的和解提議，除非是以附帶條

款和解提議方式作出，否則該提議不具有本命令指明的後果。

5. 附帶條款和解提議的格式及內容

(第22號命令第5條規則)

(1) 附帶條款和解提議必須以書面作出。

(2) 附帶條款和解提議可關乎整項申索或申索某部分，或關乎在該申索中出現的任何爭論點。

(3) 附帶條款和解提議必須—

(a) 述明該提議是否關乎整項申索或申索某部分，或關乎在該申索中出現的爭論點，若

是，則必須述明所關乎的申索部分或爭論點；

(b) 述明該提議有否考慮任何反申索或抵銷；及

(4) 被告人可作出以接納某指明比例的法律責任為上限的附帶條款和解提議。

(5) 附帶條款和解提議可參照中期付款而作出。

(6) 附帶條款和解提議可在有關法律程序展開後任何時間作出，但不得在該法律程序展開前作

出。

(7) 在有關審訊展開當日前的28天之前作出的附帶條款和解提議，必須規定在作出該附帶條款

和解提議當日起計28天屆滿後，受提議者只可在下述情況下接受該提議—

(a) 各方就訟費的法律責任達成協議；或

(b) 法庭批予許可接受該提議。

(8) 在有關審訊展開當日前不足28天作出的附帶條款和解提議，必須規定受提議者只可在下述

情況下接受該提議—

(a) 各方就訟費的法律責任達成協議；或

(b) 法庭批予許可接受該提議。

6. 附帶條款和解提議的送達

(第22號命令第6條規則)

提議者須將附帶條款和解提議送達—

(a) 受提議者；及

(b) (如受提議者是受助人)法律援助署署長。

7. 附帶條款和解提議的撤回或削減

第 4A 章 - 《高等法院規則》 72

(第22號命令第7條規則)

(1) 在有關審訊展開當日前的28天之前作出的附帶條款和解提議，除非法庭批予許可撤回或削

減該附帶條款和解提議，否則不得在作出該提議當日起計28天屆滿前被撤回或削減。

(2) 在有關審訊展開當日前不足28天作出的附帶條款和解提議，可在法庭批予許可撤回或削減

該提議的情況下被撤回或削減。

(3) 如要求撤回或削減附帶條款和解提議的申請仍然存續，除非法庭批予許可接受該提議，否

則不得接受該提議。

(4) 法庭如駁回要求撤回或削減附帶條款和解提議的申請，或批予許可削減附帶條款和解提

議，法庭可藉命令，指明可接受該附帶條款和解提議或經削減的附帶條款和解提議的限期。

(5) 如附帶條款和解提議被撤回，該提議不具有本命令指明的後果。

8. 附帶條款付款的通知書

(第22號命令第8條規則)

(1) 附帶條款付款可關乎整項申索、該申索某部分，或關乎在該申索中出現的某爭論點。

(2) 作出附帶條款付款的被告人，須將採用附錄A表格23格式的通知書送交法院存檔，該通知書

須—

(a) 述明該筆付款的款額；

(b) 述明該筆付款是否關乎整項申索或申索某部分，或關乎在該申索中出現的任何爭論

點，若是，則須述明所關乎的申索部分或爭論點；

(d) (如已作出中期付款)述明已考慮該筆中期付款；

(e) (如該筆付款明示不包括利息)提供關乎第26(2)條規則列出的利息的詳細資料；及

(f) (如一筆款項已經繳存法院(但作為訟費保證除外))述明該附帶條款付款有否考慮該筆

款項。

9. 附帶條款付款的送達

(第22號命令第9條規則)

作出附帶條款付款的被告人須—

(a) 將附帶條款付款通知書送達—

(i) 原告人；及

(ii)(如原告人是受助人)法律援助署署長；及

(b) 將該通知書的送達證明書，送交法院存檔。

10. 附帶條款付款的撤回或削減

(第22號命令第10條規則)

(1) 附帶條款付款不得在作出該附帶條款付款當日起計28天屆滿前被撤回或削減，但如法庭批

予許可撤回或削減該筆付款，則屬例外。

(2) 如要求撤回或削減附帶條款付款的申請仍然存續，除非法庭批予許可接受該筆付款，否則

不得接受該筆付款。

(3) 法庭如駁回要求撤回或削減附帶條款付款的申請，或批予許可削減附帶條款付款，法庭可

第 4A 章 - 《高等法院規則》 73

藉命令，指明可接受該附帶條款付款或經削減的附帶條款付款的限期。

(4) 如附帶條款付款被撤回，該筆付款不具有本命令指明的後果。

11. 就暫定損害賠償申索作出的和解提議

(第22號命令第11條規則)

(1) 被告人可就包含暫定損害賠償申索的申索，作出附帶條款付款。

(2) 如被告人根據第(1)款作出附帶條款付款，附帶條款付款通知書必須指明他是否提議同意作

出暫定損害賠償裁決。

(3) 如被告人提議同意作出暫定損害賠償裁決，附帶條款付款通知書亦必須述明—

(a) 基於傷者不會罹患該通知書所指明的疾病或出現該通知書所指明種類的惡化情況的假

設，繳存法院的款項，是為了結損害賠償的申索；

(b) 該提議受以下條件限制：原告人須在有限定的限期內，提出進一步損害賠償的申索；

及

(4) 凡附帶條款付款—

(a) 是按照第(3)款作出的；及

(b) 在第15條規則指明的有關限期內被接受，

則該項附帶條款付款具有第20條規則指明的後果，但如法庭另有命令，則屬例外。

(5) 如原告人接受有關附帶條款付款，他必須在作出此舉當日起計7天內，向法庭提出申請，要

求根據第37號命令第8條規則作出暫定損害賠償裁決的命令。

(6) 除非法庭已處置根據第(5)款提出的申請，否則存於法院的款項不得自法院支出。

(7) 在本條規則中，“暫定損害賠償”(provisional damages) 指就人身傷害作出的損害賠

償，而該損害賠償是基於傷者不會罹患本條例第56A條提述的疾病或出現該條提述的惡化情況的假設

而評估的。

12. 作出和接受附帶條款和解提議或

附帶條款付款的時限

(第22號命令第12條規則)

(1) 附帶條款和解提議在送達受提議者時，即告作出。

(2) 附帶條款付款在附帶條款付款通知書送達受提議者時，即告作出。

(3) 對附帶條款和解提議的修訂在其詳細資料送達受提議者時，即告有效。

(4) 對附帶條款付款的修訂在修訂通知書送達受提議者時，即告有效。

(5) 附帶條款和解提議或附帶條款付款在其接受通知書送達提議者時，即告被接受。

13. 接受原告人的附帶條款和解提議

的通知書的送達

(第22號命令第13條規則)

(1) 凡有多於一名被告人，向原告人送達接受原告人的附帶條款和解提議的通知書的某名被告

人，須同時向其他被告人送達該通知書的文本。

(2) 已獲送達有關通知書的文本的被告人，可在送達後14天內，向法庭申請—

(a) 就他與已接受原告人的附帶條款和解提議的被告人之間的任何訟費問題，作出指示；

第 4A 章 - 《高等法院規則》 74

及

(b) 作出任何其他關乎接受原告人的附帶條款和解提議的指示。

(3) 在第(2)款提述的14天限期屆滿後，任何申請均不得根據該款提出。

14. 附帶條款和解提議或附帶

條款付款通知書的澄清

(第22號命令第14條規則)

(1) 受提議者可在附帶條款和解提議或附帶條款付款作出當日起計7天內，請求提議者澄清該提

議或付款通知書。

(2) 如在根據第(1)款作出的請求送達當日起計7天內，提議者沒有作出所請求的澄清，除非有

關審訊已經展開，否則受提議者可提出申請，要求命令提議者作出上述澄清。

(3) 如法庭依據根據第(2)款提出的申請作出命令，法庭須指明有關的附帶條款和解提議或附帶

條款付款被視為已經作出的日期。

(4) 凡根據《致命意外條例》(第22章)提出的訴訟因由與根據《法律修訂及改革(綜合)條例》

(第23章)第IV或IVA部提出的訴訟因由合併於某宗訴訟中，則不論是否有其他訴訟因由合併於其中，

原告人均無權根據第(1)款，請求被告人將有關附帶條款付款分攤給根據該等條例提出的訴訟因由。

III. 附帶條款和解提議或附帶條款付款的接受

15. 接受被告人的附帶條款和解提議或附

帶條款付款的時限

(第22號命令第15條規則)

(1) 如附帶條款和解提議或附帶條款付款，是在有關審訊展開當日前的28天之前作出的，而原

告人在該項提議或付款作出後28天內，將書面的接受通知書送交法院存檔和送達被告人，則在不抵

觸第7(3)及10(2)條規則的條文下，原告人可無需法庭許可而接受該項提議或付款。

(2) 如—

(a) 被告人的附帶條款和解提議或附帶條款付款，是在有關審訊展開當日前不足28天作出

的；或

(b) 原告人沒有在第(1)款指明的限期內，接受該項提議或付款，

則原告人—

(i) (如各方就訟費的法律責任達成協議)可無需法庭許可而接受該項提議或付款；及

(ii) (如各方沒有就訟費的法律責任達成協議)僅可在法庭許可下，接受該項提議或付

款。

(3) 凡法庭批予根據第(2)款規定需要的許可，法庭須就訟費作出命令。

(4) 接受附帶條款付款的通知書，必須採用附錄A表格24的格式。

16. 接受原告人的附帶條款和解提議的時限

(第22號命令第16條規則)

(1) 如附帶條款和解提議，是在有關審訊展開當日前的28天之前作出的，而被告人在該提議作

出後28天內，將書面的接受通知書送交法院存檔和送達原告人，則在不抵觸第7(3)條規則的條文

下，被告人可無需法庭許可而接受該提議。

第 4A 章 - 《高等法院規則》 75

(2) 如—

(a) 原告人的附帶條款和解提議，是在有關審訊展開當日前不足28天作出的；或

(b) 被告人沒有在第(1)款指明的限期內，接受該提議，

則被告人—

(i) (如各方就訟費的法律責任達成協議)可無需法庭許可而接受該提議；及

(ii) (如各方沒有就訟費的法律責任達成協議)僅可在法庭許可下，接受該提議。

(3) 凡法庭批予根據第(2)款規定需要的許可，法庭須就訟費作出命令。

17. 在附帶條款付款被接受的情況下

將存於法院的款項支出

(第22號命令第17條規則)

在第18(4)及19條規則以及第22A號命令第2條規則的規限下，凡附帶條款付款被接受，原告人可

藉作出採用附錄A表格25格式的支出款項請求，將存於法院的款項支出。

18. 接受由一名或多於一名(但非所有)

被告人作出的附帶條款和解

提議或附帶條款付款

(第22號命令第18條規則)

(1) 凡被告人多於一人，而原告人意欲接受其中一名或多於一名(但非所有)被告人作出的附帶

條款和解提議或附帶條款付款，則本條規則適用。

(2) 如被告人是以共同或交替形式被起訴的，則在下述情況下，原告人可按照第15(1)條規則，

無需法庭許可而接受有關提議或付款—

(a) 原告人中止他針對未有作出上述提議或付款的被告人的申索；及

(b) 該等被告人以書面同意接受上述提議或付款。

(3) 如原告人指稱被告人對他負有各別的法律責任，原告人可—

(a) 按照第15(1)條規則，接受有關提議或付款；及

(b) 延續他針對其他被告人的申索。

(4) 在所有其他情況下，原告人須向法庭申請—

(a) 准許將存於法院的任何款項向他支出的命令；及

(b) 法庭認為適當的關於訟費的命令。

19. 其他需要法庭命令才能夠接受

附帶條款和解提議或附帶條款

付款的情況

(第22號命令第19條規則)

(1) 凡在第80號命令第10條規則(由無行為能力的人作出的妥協等)適用的法律程序中，有附帶

條款和解提議或附帶條款付款作出，則—

(a) 該項提議或付款，僅可在法庭許可下被接受；及

(b) 除依據法庭命令外，不得將存於法院的款項支出。

(2) 凡法庭向原告人批予許可，在有關審訊展開後接受附帶條款和解提議或附帶條款付款—

(a) 除依據法庭命令外，不得將存於法院的款項支出；及

第 4A 章 - 《高等法院規則》 76

(b) 法庭須在該命令中，處理有關法律程序的訟費的全數。

(3) 凡在被告人已提出在訴訟前已提供付款的抗辯後，原告人才接受附帶條款付款，則除依據

法庭命令外，不得將存於法院的款項支出。

(4) 凡原告人接受已作出的附帶條款付款以了結—

(a) 根據《致命意外條例》(第22章)提出的訴訟因由，以及根據《法律修訂及改革(綜合)

條例》(第23章)第IV或IVA部提出的訴訟因由；或

(b) 根據《致命意外條例》(第22章)提出的有多於一人對有關款項具有權利的訴訟因由，

則除依據法庭命令外，不得將存於法院的款項支出。

IV. 附帶條款和解提議或附帶條款付款的後果

20. 接受被告人的附帶條款和解提議或

附帶條款付款的訟費後果

(第22號命令第20條規則)

(1) 凡被告人為整項申索的和解而作出的附帶條款和解提議或附帶條款付款，在無需法庭許可

的情況下被接受，除非法庭另有命令，否則原告人有權獲付他截至送達接受通知書的日期的法律程

序的訟費。

(2) 凡—

(a) 關乎有關申索某部分或在該申索中出現的某爭論點的附帶條款和解提議或附帶條款付

款被接受；及

(b) 原告人在送達接受通知書時，放棄該申索的其他部分，或放棄在該申索中出現的其他

爭論點，

除非法庭另有命令，否則原告人有權獲付他截至送達接受通知書的日期的法律程序的訟費。

(3) 如附帶條款和解提議或附帶條款付款通知書述明已考慮被告人的反申索或抵銷，則原告人

的訟費包括任何可歸因於該反申索或抵銷的訟費。

21. 接受原告人的附帶條款和解

提議的訟費後果

(第22號命令第21條規則)

(1) 凡原告人為整項申索的和解而作出的附帶條款和解提議，在無需法庭許可的情況下被接

受，除非法庭另有命令，否則原告人有權獲付他截至被告人送達接受通知書的日期的法律程序的訟

費。

(2) 如附帶條款和解提議述明已考慮被告人的反申索或抵銷，則原告人的訟費包括任何可歸因

於該反申索或抵銷的訟費。

22. 接受附帶條款和解提議或

附帶條款付款的其他後果

(第22號命令第22條規則)

(1) 如附帶條款和解提議或附帶條款付款關乎整項申索，並且被接受，則該申索即予擱置。

(2) 如被接受的是關乎整項申索的附帶條款和解提議，則—

(a) 有關擱置即屬按該提議的條款而作出；及

第 4A 章 - 《高等法院規則》 77

(b) 其中任何一方可申請強制執行該等條款，而無需展開新的法律程序。

(3) 如僅關乎申索某部分或在申索中出現的某爭論點的附帶條款和解提議或附帶條款付款被接

受—

(a) 在該部分或該爭論點的範圍內，該申索即予擱置，而如屬附帶條款和解提議，擱置即

屬按該提議的條款而作出；

(b) 其中任何一方可申請強制執行該等條款，而無需展開新的法律程序；及

(4) 如某項和解須經法庭批准方具約束力，則任何若非需要該批准即會因接受附帶條款和解提

議或附帶條款付款而引致的擱置，僅在該批准授予後才生效。

(5) 根據本條規則引致的擱置，並不影響法庭作出以下事情的權力—

(a) 強制執行任何附帶條款和解提議的條款；

(b) 處理關乎法律程序的訟費(包括訟費的利息)的問題；或

(6) 凡—

(a) 附帶條款和解提議已被接受；及

(b) 某一方指稱—

(i) 另一方未有遵守該提議的條款；及

(ii)他因此有權獲得違反合約的補救，

除非法庭另有命令，否則該方可藉向法庭提出申請而申索該補救，而無需展開新的法律程序。

23. 原告人未能取得比附帶條款和解提議或

附帶條款付款更佳的結果時的訟費

後果(第22號命令第23條規則)

(1) 如原告人—

(a) 未能取得比附帶條款付款更佳的判決；或

(b) 未能取得比被告人的附帶條款和解提議更有利的判決，

則本條規則適用。

(2) 法庭可藉命令，不准予若非本款規定本須根據本條例第48條就判給原告人的全部或部分款

項而支付的全部或部分利息，該筆利息是就在本可無需法庭許可而接受有關付款或提議的最後日期

後的某段或整段期間計算的。

(3) 法庭可命令原告人支付被告人在有關付款或提議本可無需法庭許可而被接受的最後日期後

所招致的任何訟費。

(4) 法庭亦可命令被告人有權獲付—

(a) 他在原告人本可無需法庭許可而接受有關付款或提議的最後日期後的按彌償基準計算

的訟費；及

(b) 按不高於判定利率10% 的利率計算的第(3)款或(a)段提述的訟費的利息。

(5) 凡本條規則適用，法庭須作出第(2)、(3)及(4)款提述的命令，但如法庭認為作出該等命令

並不公正，則不可作出該等命令。

(6) 法庭在考慮作出第(2)、(3)及(4)款提述的命令是否不公正時，須考慮案件的整體情況，包

括—

(a) 附帶條款付款或附帶條款和解提議的條款；

(b) 附帶條款付款或附帶條款和解提議在法律程序的哪個階段作出；

第 4A 章 - 《高等法院規則》 78

(d) 為作出或評核有關付款或提議，各方在提供資料或拒絕提供資料方面的行為舉措。

(7) 法庭根據本條規則而具有的權力，屬增補法庭在判給或不准予利息方面的任何其他權力。

24. 原告人取得比他在附帶條款和解提議中

所建議者更佳的結果時的訟費

及其他後果

(第22號命令第24條規則)

(1) 凡—

(a) 被告人被判須負的法律責任，高於原告人的附帶條款和解提議所載的建議；或

(b) 與原告人的附帶條款和解提議所載的建議比較，針對被告人的判決對原告人更有利，

則本條規則適用。

(2) 法庭可就判給原告人的任何款項的全數或部分(利息除外)衍生利息作出命令，該利息按不

高於判定利率10%的利率，就在被告人本可無需法庭許可而接受有關提議的最後日期後的某段或整段

期間計算。

(3) 法庭亦可命令原告人有權獲付—

(a) 他在被告人本可無需法庭許可而接受有關提議的最後日期後的按彌償基準計算的訟

費；及

(b) 按不高於判定利率10%的利率計算的該等訟費的利息。

(4) 凡本條規則適用，法庭須作出第(2)及(3)款提述的命令，但如法庭認為作出該等命令並不

公正，則不可作出該等命令。

(5) 法庭在考慮作出第(2)及(3)款提述的命令是否不公正時，須考慮案件的整體情況，包括—

(a) 附帶條款和解提議的條款；

(b) 附帶條款和解提議在法律程序的哪個階段作出；

(d) 為作出或評核有關提議，各方在提供資料或拒絕提供資料方面的行為舉措。

(6) 法庭根據本條規則而具有的權力，屬增補法庭在判給利息方面的任何其他權力。

V. 雜項事宜

25. 對披露附帶條款和解提議或附帶

條款付款的限制

(第22號命令第25條規則)

(1) 附帶條款和解提議須視為“除訟費外無損權利”。

(2) 已經作出附帶條款付款一事，在所有法律責任問題以及須予判給的款項決定之前，不得向

聆訊或裁定有關債項或損害賠償所關乎的訴訟、反申索或任何問題或爭論點的原審法官或聆案官傳

達。

(3) 第(2)款在下述情況下不適用—

(a) 已經提出在訴訟前已提供付款的抗辯；

(b) 有關法律程序已在接受附帶條款和解提議或附帶條款付款後，根據第22條規則擱置；

或

(ii)是否有附帶條款付款作出一事，可能攸關法律責任的爭論點的訟費問題。

第 4A 章 - 《高等法院規則》 79

26. 利息(第22號命令第26條規則)

(1) 除非—

(a) 原告人提議接受一筆款項的附帶條款和解提議有相反的顯示；或

(b) 附帶條款付款通知書有相反的顯示，

否則任何該等提議或付款，須被視為包括截至該提議或付款本可無需法庭許可而被接受的最後日期

的所有利息。

(2) 凡原告人的附帶條款和解提議或附帶條款付款通知書明示不包括利息，則該提議或通知書

必須述明—

(a) 有否提議支付利息；及

(b) (如有提議利息)提議的款額、提議的某個或多於一個利率以及提議的利息所涉及的某

段或多於一段期間。

27. 根據命令繳存法院的款項

(第22號命令第27條規則)

(1) 在某一方根據法庭命令或聆案官證明書向法院繳存任何款項時，該方須向有關法律程序的

其他每一方，發出採用附錄A表格25A格式的繳存款項通知書。

(2) 除非法庭另有命令，否則依據根據第14號命令作出的命令而向法院繳存款項的被告人—

(a) 可藉向原告人送達通知書，在有需要的情況下，將已繳存款項的全數或其任何部分及

任何附加繳存款項，撥歸為了結由原告人提出並在該通知書中指明的任何一項特定申

索；或

(b) (如他所訴的是已提供付款)可藉向原告人送達其狀書，將已繳存款項的全數或其任何

部分，撥歸為將聲稱已提供的付款繳存法院的款項。

(3) 任何按照第(2)款撥歸的款項—

(a) (如屬第(2)(a)款的情況)在有關通知書送達原告人時，須被當作為附帶條款付款；及

(b) (如屬第(2)(b)款的情況)在有關狀書送達原告人時，須被當作為基於已提供付款的訴

而繳存法院的款項，

而本命令據此適用。

(4) 按照第(2)(a)款送達原告人的通知書，須被當作為附帶條款付款通知書。

28. 關乎《2008年修訂規則》

第9部的過渡性條文

(第22號命令第28條規則)

凡—

(a) 任何款項已按照被《2008年修訂規則》第111條(“有關規則”)廢除的第22號命令

(“遭廢除命令”)繳存法院；及

(b) 在緊接有關規則的生效日期*前，該筆繳存款項仍有待處置，

則《2008年修訂規則》第9部第1分部的任何條文，不得就該筆繳存款項而適用，而在緊接上述生效

日期前有效的遭廢除命令及所有被該分部修訂或廢除的其他條文，須繼續就該筆繳存款項而適用，

猶如該分部並未訂立一樣。

(2008年第152號法律公告)

第 4A 章 - 《高等法院規則》 80

__________________________________________________________________________

註：

* 生效日期：2009年4月2日。

命令： 22A 關於款項繳存法院的雜項條文 L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

1. 留存在法院的款項

(第22A號命令第1條規則)

(1) 在不抵觸第22號命令第17條規則的情況下，如在一宗訴訟中，有任何款項繳存法院(不論是

否按照第22號命令)，則除非是依據一項法庭可在該宗訴訟進行審訊或聆訊之前、之時或之後的任何

時間作出的命令，否則，不得支出該筆款項。

(2) 凡第(1)款所指的命令是在有關審訊或聆訊前作出，而留存在法院的款項是按照第22號命令

作出的附帶條款付款，則除在下述情況外，不得支出該筆款項—

(a) 該筆款項是就某訟案或訴訟因由而繳存，而繳存該筆款項是旨在了結該訟案或訴訟因

由；或

(b) 支出的限度，限於該附帶條款付款可依據第22號命令撤回或削減的程度。

2. 支付款項的對象

(第22A號命令第2條規則)

(1) 凡就有權獲付存於法院的款項的一方而言，有一份現正或現已有效的證明書使該方有權根

據《法律援助條例》(第91章)獲得法律援助，則有關款項須只付予法律援助署署長，而無需該方的

任何授權。

(2) 除第(1)款另有規定外，有關款項須付予有權獲付款項的一方，或付予其律師。

(3) 不論存於法院的款項是根據第22號命令或根據法庭命令或司法常務官證明書而繳存法院，

本條規則適用。

3. 支出款項：無遺囑的小額遺產

(第22A號命令第3條規則)

凡—

(a) 有權獲付法院儲存金或其某一份額的人，在未立遺囑的情況下去世；

(b) 法庭信納並無作出該人的遺產管理授予；及

則法庭可命令該筆儲存金或該份額須付予、轉讓或交付予屬死者的鰥夫、寡婦、子女、父親、母

親、兄弟或姊妹並對死者的遺產管理授予享有優先權的人。

4. 存於法院的款項的投資

(第22A號命令第4條規則)

由法院控制或受法院命令規限的現金，可按《高等法院訴訟人儲存金規則》(第4章，附屬法例

B)及《受託人條例》(第29章)所指明的任何方式投資。

(2008年第152號法律公告)

第 4A 章 - 《高等法院規則》 81

命令： 23 就訟費提供的保證 L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

1. 就訴訟等的訟費提供的保證

(第23號命令第1條規則)

(1) 凡在一宗原訟法庭的訴訟或其他法律程序的被告人提出申請時，法庭覺得─ (1998年第25

號第2條)

(a) 原告人通常居於本司法管轄權範圍外，或

(b) 原告人(並非以代表的身分起訴的原告人)是為使另一人得益而作起訴的名義上的原告

人，並有理由相信原告人如被命令支付被告人的訟費則會無法照辦，或

並無在令狀或其他原訴法律程序文件中正確地述明，或

(d) 原告人在法律程序進行期間轉換地址，而目的是逃避有關訴訟的後果，

則如在考慮案件的所有情節後，法庭認為如此行事屬於公正，可命令原告人就被告人在該宗訴訟或

其他法律程序中的訟費，提供法庭認為公正的保證。

(2) 如原告人使法庭信納他沒有述明地址或誤報地址是無心之失及並非意圖欺騙，則法庭不得

僅以第(1)(c)款為理由而規定原告人須提供保證。

(3) 前述各款中凡提述原告人及被告人之處，須解釋為提述在有關法律程序(包括反申索的法律

程序)中處於原告人或被告人(視屬何情況而定)地位的人，不論在紀錄上是如何描述該人。

2. 提供保證的方式(第23號命令第2條規則)

凡有命令作出規定任何一方須就訟費提供保證，有關保證須按法庭所指示的方式、時間及條款

(如有的話)而提供。

3. 關於成文法則的保留條文

(第23號命令第3條規則)

本命令不損害任何賦權法庭規定須就任何法律程序的訟費提供保證的成文法律的條文。

(2008年第152號法律公告)

命令： 24 文件透露及查閱 L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

1. 相互文件透露(第24號命令第1條規則)

(1) 在一宗藉令狀開展的訴訟中，當狀書的提交期結束後，除本命令的條文另有規定並按照該

等條文外，該宗訴訟的各方須對他們現正或曾經管有、保管或控制的關於該宗訴訟中的有關事宜的

文件作出透露。

(2) 本命令不得視為阻止一宗訴訟的各方協議免除或限制他們若非有此協議即須向其他各方作

出的文件透露。

2. 各方無須命令而作出的文件透露

第 4A 章 - 《高等法院規則》 82

(第24號命令第2條規則)

(1) 除本條規則及第4條規則的條文另有規定外，一宗訴訟的各方，如他們之間的狀書提交期已

結束，則必須藉交換文件清單以作出文件透露；而據此每一方必須在他與任何另一方之間在該宗訴

訟中的狀書提交期被當作結束後的14天內，擬備一份文件清單並向該另一方送達該份文件清單，而

有關文件是他現正或曾經管有、保管或控制，且是關於該宗訴訟中他們之間的任何有關事宜的。

(2003年第157號法律公告及2003年第199號法律公告)

在不損害法庭根據第16號命令第4條規則作出的任何指示下，本款不適用於第三方的法律程序，

包括根據該命令進行的涉及第四方或再後的各方的法律程序。

(2) 除非法庭另有命令，否則因涉及車輛的碰撞或為免發生碰撞而造成的陸上意外所引致的訴

訟的被告人，無須根據第(1)款向原告人作出任何文件透露。

(3) 第(1)款不得視為規定一宗追討任何憑藉任何成文法律而可予追討的罰金的訴訟的被告人，

須作出任何文件透露。 (2008年第152號法律公告)

(4) 第(2)及(3)款適用於反申索，一如其適用於訴訟，但第(2)款中提述原告人之處，須代以提

出反申索的一方。

(5) 在本條規則規定須作出文件透露的任何一方提出申請時，法庭─

(a) 可命令訴訟的各方或任何一方，只須根據第(1)款對命令所指明的文件或所指明類別的

文件，或只對命令所指明的有關事宜，作出透露，或

(b) 如信納由所有各方或任何一方作出文件透露並無必要，或在訴訟的該階段並無必要，

可命令任何一方或所有各方在所有階段或在該階段無須作出文件透露；

如法庭認為就訴訟作公平處置或就節省訟費而言，並無必要作出文件透露，即須作出該項命令(僅以

法庭持此意見為限)。

(6) 根據第(5)款要求作出命令的申請，必須藉傳票提出，而傳票則必須在憑藉本條規則規定須

在訴訟中作出文件透露的期限屆滿前取得。

(7) 如根據本條規則須向任何一方作出文件透露，該一方可在訴訟中案件管理傳票取得前的任

何時間，向須作出文件透露的一方送達一份通知書，要求對方作出一份誓章，核實根據第(1)款對方

須擬備的清單；獲送達該份通知書的一方，必須在該份通知書送達後的14天內，遵從該份通知書而

作出一份誓章及將之送交存檔，並向送達該份通知書的一方送達該份誓章的文本一份。 (2008年第

152號法律公告)

3. 作出文件透露的命令(第24號命令第3條規則)

(1) 除本條規則及第4及8條規則的條文另有規定外，法庭可命令一宗訟案或事宜(不論是藉令

狀、原訴傳票或其他文件開展)的任何一方，擬備一份文件清單並向任何另一方送達，而有關文件是

他現正或曾經管有、保管或控制，且是關於該宗訟案或事宜中的任何有關事宜的；法庭並可於同時

或其後亦命令該一方作出一份誓章及將之送交存檔，以核實該份清單，並向該另一方送達該份誓章

的文本一份。 (2003年第157號法律公告及2003年第199號法律公告)

(2) 凡第2條規則規定須作出文件透露的一方沒有遵從該條規則的任何條文，法庭可應文件透露

須向其作出的任何一方的申請，根據本條規則第(1)款針對首述的一方作出命令，或可視乎情況而命

令該一方作出一份誓章及將之送交存檔，以核實根據第2條規則他被規定須提供的文件清單，並可命

令該一方向申請人送達該份誓章的文本一份。

(3) 根據本條規則作出的命令，可局限於只適用於命令所指明的文件或所指明類別的文件，或

命令所指明的在訟案或事宜中的有關事宜。

第 4A 章 - 《高等法院規則》 83

4. 在文件透露前就爭論點等作出裁定的命令

(第24號命令第4條規則)

(1) 凡在有要求作出命令的申請根據第2或3條規則提出時，法庭覺得在各方作出文件透露前應

先就有關訟案或事宜中的任何爭論點或問題作出裁定，則法庭可命令先就該爭論點或問題作出裁

定。

(2) 凡在藉令狀開展的訴訟中有命令根據本條規則作出，命令就任何爭論點或問題作出裁定，

則第25號命令第2至7條規則，在略去第7(1)條規則中規定各方須送達一份指明他們意欲取得的命令

或指示的字句並加以任何其他必要的變通後，須得適用，猶如命令應其所請而作出的申請是案件管

理傳票一樣。 (2008年第152號法律公告)

5. 清單及誓章的格式(第24號命令第5條規則)

(1) 遵從第2條規則或根據第3條規則作出的命令而擬備的文件清單，必須採用附錄A表格26的格

式，並必須以適當的次序編列以及盡可能簡要地列舉有關文件，但須對每份文件或(如屬性質相同的

以疊計的文件)每疊文件加以足以使其為人所辨識的描述。

(2) 如意欲聲稱任何文件享有可免交出的特權，該項聲稱必須在文件清單上提出，並須附同一

項足以述明該特權的理由的陳述。

(3) 如前文所述般作出的核實文件清單的誓章，必須採用附錄A表格27的格式。

6. 被告人有權獲得共同被告人的清單的文本

(第24號命令第6條規則)

(1) 已在一宗訴訟中作訴的被告人，有權獲得該宗訴訟的任何其他被告人根據本命令的任何前

述規則送達原告人的任何文件清單的文本；而在一宗藉令狀開展的訴訟中的反申索所針對的原告

人，則有權獲得該反申索的任何其他被告人根據任何該等規則向提出該反申索的一方送達的任何文

件清單的文本。

(2) 因第(1)款而須提供一份文件清單文本的一方，必須應有權獲得該份文本的一方的要求而免

費提供該份文本一份。

(3) 凡在藉原訴傳票開展的訴訟中，法庭根據第3條規則作出命令，規定該宗訴訟的一名被告人

須向原告人送達一份文件清單，則法庭亦可命令該名被告人向該宗訴訟的任何其他被告人提供該份

清單的文本一份。

(4) 在本條規則中，“文件清單”(list of documents) 包括核實一份文件清單的誓章。

7. 作出特定文件的透露的命令

(第24號命令第7條規則)

(1) 除第8條規則另有規定外，法庭可在任何時間，應一宗訟案或事宜的任何一方的申請作出命

令，規定任何另一方須作出一份誓章，述明申請所指明或描述的任何文件，或如此指明或描述的任

何類別的文件，是否現正或曾在任何時間由他管有、保管或控制，如該份文件或該類別的文件當時

並非由他管有、保管或控制，則須述明文件何時離手以及文件其後的情況如何。 (2003年第157號

法律公告及2003年第199號法律公告)

(2) 即使某一方已根據第2條規則或第3條規則擬備或作出或被規定須擬備或作出一份文件清單

或誓章，仍可針對該一方根據本條規則作出命令。

第 4A 章 - 《高等法院規則》 84

(3) 要求根據本條規則作出命令的申請，必須由一份述明下述事宜的誓章支持，即宣誓人相信

被要求根據本條規則作出文件透露的一方，現正或曾一度管有、保管或控制申請所指明或描述的文

件或類別的文件，而該份文件或該類別的文件是關於有關訟案或事宜中的一項或多於一項有關事宜

的。

7A. 根據本條例第41或42(1)條提出的申請

(第24號命令第7A條規則)

(1) 要求根據本條例第41條作出在法律程序展開前作出文件透露的命令的申請，須藉原訴傳票

提出(採用附錄A表格10的格式)，並須使所尋求的命令所針對的人成為傳票的被告人。 (1991年第

404號法律公告)

(2) 如在法律程序展開後提出申請，要求根據本條例第42(1)條作出命令，命令由一名非屬法律

程序一方的人作出文件透露，則申請須藉傳票提出，而該傳票必須面交送達該人以及送達法律程序

的每一方(申請人除外)。

(3) 根據第(1)或(2)款發出的傳票須由誓章支持，誓章必須─

(a) (如屬根據第(1)款發出的)述明指稱申請人及所尋求的命令所針對的人相當可能會是後

來在原訟法庭進行的法律程序的一方的理由； (1998年第25號第2條)

(b) (無論屬何情況)指明或描述所尋求的命令所關乎的文件，並表明該等文件是與在該等

法律程序中出現或相當可能會出現的爭論點有關，以及所尋求的命令所針對的人相當

可能現正或曾經管有、保管或控制該等文件；如屬切實可行，並須參照任何已在或擬

在該等法律程序中送達的狀書而作此表明。 (2008年第152號法律公告)

(3A)就第(1)款所指的傳票而言，第(3)(b)款須在猶如該條文中“有關”一詞由“直接有關(本

條例第41條所指者)”的字句取代的情況下，予以解釋。 (2008年第152號法律公告)

(4) 用以支持的誓章的文本，須連同傳票送達按規定傳票須予送達的每一人。

(5) 根據第41或42(1)條作出的文件透露的命令，可帶有申請人須為命令所針對的人的訟費提供

保證的條件，或可按法庭認為公正的其他條款(如有的話)作出，並須規定命令所針對的人作出一份

誓章，述明命令所指明或描述的任何文件，是否現正或曾在任何時間由他管有、保管或控制，如該

等文件當時並非由他管有、保管或控制，則須述明文件何時離手以及文件其後的情況如何。

(6) 不得憑藉該命令而強迫任何人交出任何下述文件─

(a) (如屬根據第(1)款發出的傳票的情況)該文件是假若後來的法律程序已經開展亦不能強

迫該人交出的；或

(b) (如屬根據第(2)款發出的傳票的情況)該文件是假若該人已獲送達著令攜帶文件出庭的

傳召出庭令狀須在審訊時交出有關文件亦不能強迫該人交出的。

(7) (由2008年第152號法律公告廢除)

(8) 就第10及11條規則而言，要求根據第41或42(1)條作出命令的申請，須視作申請人與所尋求

的命令所針對的人之間的訟案或事宜。

8. 只在有必要時才命令作出文件透露

(第24號命令第8條規則)

(1) 法庭在聆訊要求根據第3或7條規則作出命令的申請時，如信納文件透露並無必要或在訟案

或事宜的該階段並無必要，可將該申請駁回或押後(視屬何情況而定)，並無論屬何情況，如其認為

就訟案或事宜作公平處置或就節省訟費而言，並無必要作出文件透露，即須拒絕作出該項命令(僅以

法庭持此意見為限)。 (2008年第152號法律公告)

第 4A 章 - 《高等法院規則》 85

(2) 除非法庭認為，為公平地處置有關訟案或事宜，或為節省訟費，有必要根據本條例第41或

42條作出文件透露的命令，否則法庭不得作出該命令。 (2008年第152號法律公告)

9. 查閱清單所提述的文件

(第24號命令第9條規則)

已向任何另一方送達一份文件清單(不論是遵從第2條規則或遵從根據第3條規則作出的命令)的

一方，必須容許該另一方查閱該份清單所提述的文件(該一方所反對交出者除外)並複製該等文件的

副本；故此，當向該另一方送達該份清單時，該一方亦必須向該另一方送達一份通知書，述明可在

該份清單送達後7天內的某個時間，在該份通知書所指明的地點查閱該等文件。

10. 查閱狀書及誓章所提述的文件

(第24號命令第10條規則)

(1) 一宗訟案或事宜的任何一方，均有權在任何時間向任何另一方送達一份通知書，要求該另

一方交出在其狀書、誓章或證人陳述書(根據第38號命令第2A條規則送達者)、或專家報告之中提述

的任何文件，以供發出該份通知書的一方查閱並准許他複製該等文件的副本。 (1995年第223號法

律公告；1996年第383號法律公告)

(2) 根據第(1)款獲送達通知書的一方，必須在通知書送達後4天內，向發出通知書的一方送達

一份通知書，述明可在該份通知書送達後7天內的某個時間，在該份通知書所指明的地點查閱該等文

件或該等文件中他所不反對交出者，並述明該等文件中他所反對交出者(如有的話)及反對的理由。

11. 交出文件以供查閱的命令

(第24號命令第11條規則)

(1) 如被第9條規則規定須送達該條規則所述通知書或根據第10(1)條規則獲送達通知書的一方

─

(a) 沒有根據第9條規則或第10(2)條規則(視屬何情況而定)送達通知書，或

(b) 反對交出任何文件以供查閱，或

閱是不合理的，

則除第13(1)條規則另有規定外，法庭可應有權進行查閱的一方的申請作出命令，命令在法庭認為適

合的時間及地點交出有關文件，以供按法庭認為適合的方式進行查閱。

(2) 在不損害第(1)款的原則下，法庭可應某宗訟案或事宜的任何一方的申請，命令任何另一方

准許提出申請的一方查閱由該另一方管有、保管或控制的關於該宗訟案或事宜中的任何有關事宜的

文件，但第13(1)條規則另有規定者除外。

(3) 要求根據第(2)款作出命令的申請，必須由誓章支持，誓章須指明或描述所要求查閱的文

件，並述明宣誓人相信該等文件是由另一方管有、保管或控制，且是關於有關訟案或事宜中的有關

事宜的。

11A. 提供文件的文本(第24號命令第11A條規則)

(1) 根據本命令的任何條文或在該等條文下作出的命令而有權查閱任何文件的任何一方，可在

查閱進行之時或之前，向按規定須交出該等文件以供查閱的一方送達一份通知書(須載有一項支付合

第 4A 章 - 《高等法院規則》 86

理費用的承諾)，要求該一方提供任何該等文件的真實副本(以能以影印或其他類似程序複製者為

準)。

(2) 獲送達通知書的一方，必須在收到通知書後7天內，提供被要求提供的文本以及合理收費的

帳目。

(3) 凡某一方沒有向另一方提供第(2)款所指的任何文件的文本，法庭可應其中一方的申請，就

提供該份文件一事作出其認為適合的命令。

11B. (由2003年第157號法律公告增補及由2003年第199號法律公告廢除)

12. 向法庭交出文件的命令(第24號命令第12條規則)

(1) 在一宗訟案或事宜中的法律程序的任何階段，除第13(1)條規則另有規定外，法庭可命令任

何一方向法庭交出任何由他管有、保管或控制的關於該宗訟案或事宜中的任何有關事宜的文件，而

在文件交出後，法庭可按其認為適合的方式處理之。 (2003年第157號法律公告及2003年第199號法

律公告)

(2) (由2003年第157號法律公告增補及由2003年第199號法律公告廢除)

13. 只在有必要時才命令交出文件等

(第24號命令第13條規則)

(1) 除非法庭認為根據任何前述規則作出命令，命令將任何文件交出以供查閱或向法庭交出，

或命令提供任何文件的文本，就訟案或事宜作公平處置或就節省訟費而言是有必要的，否則不得作

出該命令。

(2) 如有申請根據本命令提出，要求將任何文件交出以供查閱或向法庭交出，或要求提供任何

文件的文本，而有人在當時聲稱該份文件享有免予交出或免予提供文本的特權，或有人基於任何其

他理由而反對交出文件或提供文本，法庭可查閱該份文件，以決定該項聲稱或反對是否有效。

14. 交出營業簿冊(第24號命令第14條規則)

(1) 凡有申請根據任何前述規則提出，要求交出任何營業簿冊以供查閱，法庭可不命令交出簿

冊正本以供查閱，而只命令提供該等簿冊的副本或其中的任何記項，並須由曾對照簿冊正本而審查

該份副本的人以誓章核實該份副本或該等記項。

(2) 任何該等誓章，須述明簿冊正本中是否有任何塗擦、安插於行間的字或更改，以及該等塗

擦、安插於行間的字或更改的內容。

(3) 即使已有任何簿冊中的任何記項的副本根據本條規則而提供，法庭仍可命令交出用作複製

該副本的簿冊。

14A.文件的使用(第24號命令第14A條規則)

如一份文件是在某些法律程序中予以披露，則任何明示或隱含的不將該份文件用於該等法律程

序以外的用途的承諾，在該份文件已向法庭讀出或已由法庭閱讀，或已在公開法庭上被提述後，即

不再適用於該份文件，但如法庭基於特殊理由應一方或該份文件所屬的人的申請而另有命令，則屬

例外。

第 4A 章 - 《高等法院規則》 87

15. 其披露會損害公眾利益的文件：保留條文

(第24號命令第15條規則)

本命令的前述條文不損害任何以披露會損害公眾利益為理由而准許或規定不得公開任何文件的

法律規則。

15A. 限制文件透露的命令

(第24號命令第15A條規則)

為管理有關案件和達成第1A號命令指明的任何目標，法庭可作出任何一項或多於一項符合以下

說明的命令—

(a) 在文件屬若非有該命令，有關案件的各方本須根據第1(1)條規則向對方透露的情況

下，限制透露該等文件；

(b) (凡本命令規定須向有關案件的任何一方作出文件透露)指示該項文件透露須按該命令

指明的方式作出，即使本命令另有規定亦然；及

第9或10條規則另有規定亦然。

(2008年第152號法律公告)

16. 沒有遵從關於透露等的規定

(第24號命令第16條規則)

(1) 任何一方，如被任何一條前述規則或根據任何該等規則作出的命令規定須作出文件透露，

或交出任何文件以供查閱或作任何其他用途，或提供該等文件的文本，卻沒有遵從該條規則的任何

條文或該項命令(視屬何情況而定)，(並如屬沒有遵從任何該等條文的情況，則在不損害第3(2)及

11(1)條規則的原則下)法庭可作出其認為公正的命令，特別包括撤銷有關訴訟的命令或剔除有關抗

辯並據此而登錄判決的命令(視屬何情況而定)。

(2) 如透露或交出文件的命令所針對的一方沒有遵從該命令，在不損害第(1)款的情況下，該一

方可被交付羈押。

(3) 向某一方的律師送達針對該一方作出的透露或交出文件的命令，即為充分的送達，足以支

持提出將不服從該命令的一方交付羈押的申請，但該一方可在就該申請作出答覆時，表明他對該命

令並不知悉或知情。

(4) 任何律師，如獲送達該針對其當事人作出的命令，無合理解釋而沒有就該命令向其當事人

作出通知，則可被交付羈押。

17. 命令的撤銷及更改(第24號命令第17條規則)

任何根據本命令作出的命令(包括應上訴而作出的命令)，在有充分的因由提出時，可由法庭後

來在審訊該命令所相關連的訟案或事宜之時或之前作出的命令或指示撤銷或更改。

命令： 25 案件管理傳票及會議* L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

1. 案件管理傳票及會議(第25號命令第1條規則)

(2008年第152號法律公告)

第 4A 章 - 《高等法院規則》 88

(1) 為利便就案件管理而作出指示的目的，每一方須在本條規則適用的訴訟中的狀書提交期被

當作結束後28天內—

(a) 藉着以填寫在為該目的發出的實務指示中訂明的問卷指明的方式提供所要求的資料，

填寫該問卷；及

(b) 按該實務指示指明的方式，將該問卷送達所有其他方，並送交法院存檔。 (2008年第

152號法律公告)

(1A) 凡在上述問卷填寫後，各方能夠就下述事宜達成協議—

(a) 他們意欲法庭作出的關乎管理有關案件的指示；或

(b) 須在作出該等指示的日期與審訊日期之間採取的步驟的時間表，

則他們須藉同意傳票，取得具有落實上述協議的效果的命令。 (2008年第152號法律公告)

(1B) 凡沒有就第(1A)(a)及(b)款指明的任何事宜達成協議，則—

(a) 每一方均須在有關問卷中，就有關事宜作出建議；及

(b) 原告人須在有關實務指示指明的時間內，取得須在14天或之後作回報的傳票(在本規則

中稱為案件管理傳票)，以令法庭可作出關乎管理有關案件的指示。 (2008年第152號

法律公告)

(2) 本條規則適用於所有藉令狀開展的訴訟，但下列訴訟除外─

(a) 原告人或被告人已根據第14號命令申請判決或原告人已根據第86號命令申請判決，而

已有指示根據有關的命令作出者；

(b) 原告人或被告人已根據第18號命令第21條規則申請在無狀書或無進一步狀書的情況下

進行審訊而已有指示根據該條規則作出者；

訊者；

(d) 已根據第29號命令第7條規則作出指示者；

(e) 已根據第43號命令第1條規則作出製備帳目的命令者；

(f) 有要求將訴訟轉往商業案件審訊表的申請仍有待處理者；

(h) 就侵犯專利而提出者；及

(j) 就人身傷害提出而第8條規則規定有自動指示作出者。

(k) (由2008年第152號法律公告廢除)

(3) (由2008年第152號法律公告廢除)

(4) 如原告人沒有按照第(1)(b)款將有關問卷送交存檔，亦沒有按照第(1B)(b)款取得案件管理

傳票，則有關被告人或任何被告人可—

(a) 取得案件管理傳票；或

(b) 申請作出撤銷有關訴訟的命令。 (2008年第152號法律公告)

(5) 在被告人根據第(4)款申請撤銷有關訴訟時，法庭可撤銷有關訴訟並施加公正的條款，或可

將該項申請當作案件管理傳票般予以處理。

(6) 如屬只就一項反申索而進行的訴訟，本條規則及第1A(1)(c)條規則中凡提述原告人及被告

人之處，須分別解釋為提述提出反申索的一方及反申索的被告人。

(7) 儘管第(1B)款已有規定，本條規則所適用的訴訟的任何一方，仍可在被告人已發出擬抗辯

通知書後的任何時間，或如被告人有兩名或多於兩名，則為該等被告人中最少已有一人發出該通知

書後的任何時間，取得案件管理傳票。

(2008年第152號法律公告)

1A. 案件管理時間表

第 4A 章 - 《高等法院規則》 89

(第25號命令第1A條規則)

(1) 除第(4)款另有規定外，在填妥的問卷送交法院存檔後，法庭須在切實可行範圍內，盡快在

顧及該問卷及該案件的需要下—

(a) 作出關乎管理該案件的指示，並為須在作出該等指示的日期與審訊日期之間採取的步

驟，編定時間表；

(b) 在法庭認為擇定案件管理會議的時間地點屬適宜的情況下，擇定該會議的時間地點；

或

傳票。

(2) 如法庭已擇定案件管理會議的時間地點，則法庭須—

(a) 作出關乎管理該案件的指示，並為須在作出該等指示的日期與案件管理會議的日期之

間採取的步驟，編定時間表；及

(b) 在案件管理會議中，為須在該會議的日期與審訊日期之間採取的步驟，編定時間表，

該時間表必須包括—

(i) 審訊前的覆核的日期；或

(ii)審訊日期，或進行審訊的期間。

(3) 如法庭未有擇定案件管理會議的時間地點，根據第(1)(a)款編定的時間表必須包括—

(a) 審訊前的覆核的日期；或

(b) 審訊日期，或進行審訊的期間。

(4) 法庭可在沒有聆訊案件管理傳票並在顧及填妥的問卷下，藉暫准命令，作出關乎管理該案

件的指示，並為須在作出該等指示的日期與審訊日期之間採取的步驟，編定時間表。

(5) 除非某一方向法庭申請，要求更改暫准命令，否則該暫准命令在作出後14天，即成為絕對

命令。

(6) 法庭須應根據第(5)款提出的申請，聆訊案件管理傳票。

(2008年第152號法律公告)

1B. 案件管理時間表的更改

(第25號命令第1B條規則)

(1) 法庭可主動作出關乎管理案件的進一步指示，或更改它根據第1A條規則編定的時間表，亦

可應任何一方的申請而作出該等指示，或更改該時間表。

(2) 任何一方如意欲更改進度指標日期，可向法庭提出申請。

(3) 除非情況特殊令更改進度指標日期有充分理由支持，否則法庭不得批准第(2)款所指的申

請。

(4) 任何日期如屬非進度指標日期，則可藉同意傳票而取得的更改該日期的命令，而予以更

改。

(5) 任何一方如意欲在未取得其他各方的協議的情況下，更改非進度指標日期，可向法庭提出

申請。

(6) 除非有充分理由向法庭提出，否則法庭不得批准第(5)款所指的申請。

(7) 不論是否有充分理由向法庭提出，如有關的更改，會令審訊日期或進行審訊的期間必需改

變，則法庭不得批准第(5)款所指的申請。

(8) 在本條規則中—

“非進度指標日期”(non-milestone date) 指由法庭編定的不屬“進度指標日期”的定義所指明的

第 4A 章 - 《高等法院規則》 90

日期或期間的日期或期間；

“進度指標日期”(milestone date) 指—

(a) 法庭為下述事宜而編定的日期—

(i) 案件管理會議；

(ii)審訊前的覆核；或

(iii) 審訊；或

(b) 由法庭編定的進行審訊的期間。

(2008年第152號法律公告)

1C. 沒有出席案件管理會議或審訊前的覆核

(第25號命令第1C條規則)

(1) 凡原告人沒有出席案件管理會議或審訊前的覆核，法庭須暫時剔除原告人的申索。

(2) 凡被告人在有關訴訟中提出反申索，而他沒有出席案件管理會議或審訊前的覆核，法庭須

暫時剔除被告人的反申索。

(3) 凡法庭已根據第(1)或(2)款暫時剔除申索或反申索，原告人或被告人可在有關案件管理會

議或審訊前的覆核(視屬何情況而定)的日期起計3個月屆滿前，向法庭提出申請，要求恢復該宗申索

或反申索。

(4) 法庭可在它認為適合的條件的規限下，恢復有關申索或反申索，亦可拒絕恢復有關申索或

反申索。

(5) 除非已有良好的理由向法庭提出，並獲法庭信納，否則法庭不得恢復有關申索或反申索。

(6) 如原告人或被告人沒有根據第(3)款提出申請，或他根據該款提出的申請被拒絕，則—

(a) 在有關案件管理會議或審訊前的覆核(視屬何情況而定)的日期起計3個月屆滿時，原告

人的申索或被告人的反申索，即告撤銷；及

(b) (i) (如原告人的申索被撤銷)被告人有權獲付他在該宗申索中的訟費；及

(ii)(如被告人的反申索被撤銷)原告人有權獲付他在該宗反申索中的訟費。

(2008年第152號法律公告)

2. 須考慮所有事宜的責任(第25號命令第2條規則)

(1) 當首次裁定案件管理傳票時，法庭須考慮─ (2008年第152號法律公告)

(a) 當時是否可能處理本命令的規則規定須在案件管理傳票中加以考慮的所有事宜，或

(b) 是否適宜將所有或任何該等事宜押後至較後階段才加以考慮。

(2) 如在首次裁定案件管理傳票時，法庭認為當時有可能處理所有該等事宜，須隨即處理該等

事宜，並須設法確保所有必須應非正審申請或可應非正審申請予以處理而未作處理的其他事宜，亦

在當時獲得處理。

(3) 如在首次裁定案件管理傳票時，法庭認為適宜將本命令的規則規定須在案件管理傳票中加

以考慮的所有或任何事宜押後考慮，法庭須隨即處理該等事宜中被其認為方便隨即處理者而將其餘

的押後考慮，並須設法確保所有必須應非正審申請或可應非正審申請予以處理而未作處理的其他事

宜，在當時或法庭指明的時間獲得處理。

(4) 除第(5)款另有規定外，並且除非各方協議，在本命令的規則規定須在案件管理傳票中加以

考慮的所有事宜已獲處理之前，先根據第33號命令就審訊的地點或方式作出命令，否則不得作出該

命令，直至所有該等事宜已獲處理為止。

(5) 如一宗訴訟在裁定案件管理傳票時被命令移交區域法院或另一法院，則第(4)款不適用，而

第 4A 章 - 《高等法院規則》 91

本命令不得解釋為規定法庭須應該案件管理傳票而作出任何進一步命令。 (1998年第25號第2條)

(7) 如案件管理傳票的裁定被押後，而又未有為其定下恢復裁定的日期，則任何一方可在給予

其他各方為期2天的通知後，將該傳票重新列入審訊表內。

(2008年第152號法律公告)

3. 須予考慮的特別事宜(第25號命令第3條規則)

法庭在裁定案件管理傳票時，必要時須主動特別考慮在行使任何以下條文所賦予的權力時應否

作出任何命令或指示，即─ (2008年第152號法律公告)

(a) 《證據條例》(第8章)第IV部及第V部的任何條文(民事法律程序中的關於事實或意見的

傳聞證據)或第38號命令第III部及第IV部；

(b) 第20號命令第5條規則及第38號命令第2至7條規則；

告)

4. 要作出的承認及協議(第25號命令第4條規則)

在裁定案件管理傳票時，法庭須設法確保各方就有關法律程序的進行事宜作出所有他們應合理

作出的承認及協議，並可安排在就傳票而作出的命令上，記錄任何經如此作出的承認或協議，並為

在有關的審訊中就訟費作出公正的特別命令(如有的話)的目的，在該命令上記錄拒絕作出任何承認

或協議一事。

(2008年第152號法律公告)

5. 對上訴權利的限制(第25號命令第5條規則)

第4條規則不得解釋為規定法庭須設法確保各方協議排除或限制任何上訴權利，但就案件管理傳

票而作出的命令，可記錄任何該等協議。

(2008年第152號法律公告)

6. 在裁定案件管理傳票時提供所有資料的責任

(第25號命令第6條規則)

(2008年第152號法律公告)

(1) 除第(2)款另有規定外，在裁定案件管理傳票時，除非是經法庭許可或是按法庭指示，否則

不得使用任何誓章；但除第(4)款另有規定外，有關訴訟的各方及其顧問，有責任提供法庭為對該傳

票作出恰當處理而合理要求其提供的所有資料，並交出法庭為對該傳票作出恰當處理而合理要求其

交出的所有文件。

法庭如覺得在有關情況下如此行事屬於恰當，可批准任何該等資料或文件在不向其他各方披露

的情況下向法庭提供或交出；但如並無該項批准作出，則任何根據本款提供的資料或交出的文件，

既須向法庭提供或交出，亦須向所有各方提供或交出。 (2008年第152號法律公告)

(2) 如根據本規則中的任何規則，申請某命令是規定須以誓章支持的，而任何一方在裁定案件

管理傳票時，為提出要求作出該命令的申請而使用誓章，則不必因第(1)款而取得許可。 (2008年

第152號法律公告)

(3) 如在裁定案件管理傳票時，法庭規定訴訟的一方或其律師或大律師須提供任何資料或交出

第 4A 章 - 《高等法院規則》 92

任何文件，而該等資料或文件並無提供或交出，則除第(4)款另有規定外，法庭─ (2008年第152號

法律公告)

(a) 可為在有關的審訊中就訟費作出公正的特別命令(如有的話)的目的，安排在有關命令

上記錄該等事實，或

(b) 如覺得如此行事屬於公正，可命令將有關一方的狀書全部或任何部分剔除，或如有關

一方是原告人或反申索的申索人，則可命令將訴訟或反申索撤銷，並施加公正的條

款。

(4) 儘管本條規則的前述條文已有規定，任何享有免予披露特權的資料或文件，除非是獲有關

的一方同意，否則仍不得根據本條規則規定該一方或其顧問須提供或交出該等資料或文件。

7. 就案件管理傳票而提出所有非正審申請的責任

(第25號命令第7條規則)

(2008年第152號法律公告)

(1) 案件管理傳票所致予的任何一方，必須在切實可行範圍內，在為裁定該傳票而編定的時

間，就任何可在訴訟中應非正審申請而予以處理的事宜，申請作出他意欲取得的任何命令或指示，

並必須在為裁定該傳票而編定的時間前7天或之前，向其他各方送達一份通知書，指明上述的命令或

指示(以與該傳票所要求作出者不同為限)。

(2) 如案件管理傳票的裁定遭押後，而有關法律程序的任何一方意欲申請作出任何未有藉該傳

票或在根據第(1)款發出的任何通知書中要求作出的命令或指示，則該一方必須在該傳票的裁定恢復

前7天或之前，向其他各方送達一份通知書，指明該等命令或指示(以與藉該傳票或在任何如前所述

的通知書中所要求作出的不同為限)。

(3) 如有就能在訴訟中應非正審申請而予以處理的任何事宜的申請，在案件管理傳票之後但在

判決作出前提出，則該申請必須根據該傳票提出，方式是向另一方發出通知期為2整天並述明申請理

由的通知書。

(2008年第152號法律公告)

8. 在人身傷害訴訟中的自動指示

(第25號命令第8條規則)

(1) 當本條規則適用的任何訴訟的狀書提交期被當作結束時，下列指示即自動生效─

(a) 須按照第24號命令第2條規則在14天內作出文件透露，並在其後的7天內進行文件查

閱，但如法律責任已被承認或該宗訴訟是由道路意外引致，文件透露須只限於由原告

人披露任何關於專項損害賠償的文件；

(b)-(c) (由2008年第152號法律公告廢除)

(d) 照片、草圖及任何警方意外報告的內容，在審訊時可收取為證據，而如可能的話，須

為各方所同意者；

(香港)(dd) 任何法庭或審裁處的任何法律程序的紀錄，經該法庭或審裁處的書記或其他適當

人員核證為真實副本，在其交出時即可收取為證據。

(f)-(g) (由1993年第99號法律公告廢除)

(2) (由2008年第152號法律公告廢除)

(3) 第(1)款不得阻止本條規則所適用的訴訟的任何一方，向法庭申請作出在有關情況下屬於適

當的進一步或不同的指示或命令，或阻止作出將有關法律程序移交區域法院的命令。 (1998年第25

號第2條)

第 4A 章 - 《高等法院規則》 93

(4) 就本條規則而言─

“道路意外”(a road accident) 指因涉及車輛的碰撞或為免發生碰撞而造成的陸上意外；及

“關於專項損害賠償的文件”(documents relating to special damages)─

(a) 包括關於任何工傷、工傷導致傷殘或疾病利益權利的文件；及

(b) 凡申索是根據《致命意外條例》(第22章)提出的，則包括關於以受死者供養為理由提

出的任何申索的文件。

(5) 本條規則適用於任何就人身傷害而提出的訴訟，但下列訴訟除外─

(a) 任何海事訴訟；及

(b) 狀書之中載有在醫療過程中有疏忽行為或遺漏的指稱的任何訴訟。

9. (由2008年第152號法律公告廢除)

10. 對特定案件類別的訴訟的適用

(第25號命令第10條規則)

即使本命令另有規定，主理特定案件類別的法官可藉一項實務指示，裁定本命令對某特定案件

類別的訴訟的適用程度。

(2008年第152號法律公告)

11. 關乎《2008年修訂規則》第11部的

過渡性條文

(第25號命令第11條規則)

(1) 在《2008年修訂規則》生效#前取得並在緊接該規則生效前仍然待決的要求作指示的傳票，

須當作為—

(a) (如該要求作指示的傳票由原告人取得)根據第1(1B)(b)條規則取得的案件管理傳票；

或

(b) (如該要求作指示的傳票由被告人取得)根據第1(4)(a)條規則取得的案件管理傳票。

(2) 凡在第1條規則適用的訴訟中的狀書提交期被當作結束，而並沒有要求作指示的傳票在

《2008年修訂規則》生效前取得，則第1(1)條規則在猶如該條文中“本條規則適用的訴訟中的狀書

提交期被當作結束”的字句由“《2008年修訂規則》生效”的字句取代的情況下，具有效力。

(2008年第152號法律公告)

__________________________________________________________________________

註：

* (由2008年第152號法律公告修訂)

# 生效日期：2009年4月2日。

命令： 26 質詢書 25 of 1998 01/07/1997

附註：

具追溯力的適應化修訂─見1998年第25號第2條

1. 藉質詢書作出文件透露(第26號命令第1條規則)

(1) 任何訟案或事宜的一方可按照本命令的以下條文，將申請人與任何另一方之間的關於該宗

第 4A 章 - 《高等法院規則》 94

訟案或事宜中的任何有問題的事宜的質詢書，向該另一方送達，而該等質詢書就下列目的而言是有

必要的─

(a) 就該宗訟案或事宜作公平處置；或

(b) 節省訟費。

(2) 在不損害第(1)款的條文的原則下，某一方可向法庭申請作出命令，給予他許可，將申請人

與該另一方之間的關於該宗訟案或事宜中的任何有問題的事宜的質詢書，向任何另一方送達。

(3) 與第(1)款所述事宜無關而擬發出的質詢書，即使在口頭盤問證人時可被接納，仍不得予以

發出。

(4) 在本命令中─

“在無命令下發出的質詢書”(interrogatories without order) 指根據第(1)款送達的質詢書；

“根據命令發出的質詢書”(ordered interrogatories) 指根據第(2)款送達的質詢書，或依據一項

應根據第3(2)條規則提出的申請而作出的命令規定須予答覆的質詢書，而如有該項命令作出，

除非法庭另有命令，否則就第3(1)條規則而言，該等質詢書不得視作在無命令下發出的質詢

書。

(5) 除非文意另有所指，否則本命令的條文適用於在無命令下發出的質詢書及根據命令發出的

質詢書。

(1991年第404號法律公告)

2. 質詢書的格式及性質(第26號命令第2條規則)

(1) 凡送達質詢書，質詢書的末端須載有註明─

(a) 指明答覆質詢書的期限(自送達日期起計不得少於28天)；

(b) 如被質詢的一方是法人團體或非屬法團的團體，並獲法律賦權可以其本身名稱或一名

高級人員或其他人的名義起訴他人或被人起訴的，指明質詢書須予送達的該團體的高

級人員或成員；及

詢書中何者須由每一方或代理人或受僱人(視屬何情況而定)答覆，並指明須作答覆的

代理人或受僱人。

(2) 除第5(1)條規則另有規定外，獲送達質詢書的一方，除非法庭應根據第3(2)條規則提出的

申請而另有命令，否則須在根據第(1)(a)款指明的期限內，以誓章的形式(法庭另有指示者除外)作

出答覆。

(1991年第404號法律公告)

3. 在無命令下發出的質詢書(第26號第3條規則)

(1) 在無命令下發出的質詢書，可向一方送達不多於兩次。

(2) 獲送達在無命令下發出的質詢書的一方，可在質詢書送達起計的14天內向法庭申請將質詢

書更改或撤回；而法庭在接獲任何該等申請後，可作出其認為適合的命令(包括送達質詢書的一方如

無命令不得送達進一步的質詢書的命令)。

(3) 在無命令下發出的質詢書，不得向官方送達。

(1991年第404號法律公告)

4. 根據命令發出的質詢書(第26號命令第4條規則)

第 4A 章 - 《高等法院規則》 95

(1) 凡申請送達質詢書的許可，而申請是藉根據第25號命令第7條規則發出的傳票或通知書提出

的，則擬發出的質詢書的文本一份須與該傳票或通知書一併送達。

(2) 法庭在決定是否給予許可送達質詢書時，須考慮將被質詢的一方所提出的就任何有關事宜

提供資料、作出承認或交出文件的建議，以及是否已有在無命令下發出的質詢書發出。

(1991年第404號法律公告)

5. 反對及不足的答覆(第26號命令第5條規則)

(1) 在不損害第3(2)條規則的原則下，凡有人以特權為理由而反對答覆任何質詢書，該人可以

此反對作為其答覆。

(2) 凡獲送達根據命令發出的質詢書的任何人，對任何一項質詢答覆不足，法庭可作出命令，

規定該人須按法庭的指示，以誓章或口頭訊問的方式作出進一步的答覆。

(3) 凡獲送達在無命令下發出的質詢書的任何人，對任何一項質詢答覆不足，送達該質詢書的

一方，可要求就所作出的答覆獲得更詳盡清楚的詳情；而就第3(1)條規則而言，任何該等請求不得

視作送達進一步的質詢書。

(1991年第404號法律公告)

6. 沒有遵從命令(第26號命令第6條規則)

(1) 如任何一方沒有答覆質詢書，或沒有遵從根據第5(2)條規則作出的命令或根據第5(3)條規

則提出的請求，法庭可作出其認為公正的命令，特別包括撤銷有關訴訟的命令或剔除有關抗辯並據

此登錄判決的命令(視屬何情況而定)。

(2) 在不損害第(1)款的原則下，凡任何一方沒有答覆根據命令發出的質詢書或沒有遵從根據第

5(2)條規則作出的命令，該一方可被交付羈押。

(3) 向某一方的律師送達針對該一方作出的答覆質詢書的命令，即為充分的送達，足以支持提

出將該不服從命令的一方交付羈押的申請，但該一方可在就該申請作出答覆時，表明他對該命令並

不知悉或知情。

(4) 任何律師，如獲送達針對其當事人作出的答覆質詢書命令，無合理解釋而沒有就該命令向

其當事人作出通知，則可被交付羈押。

(1991年第404號法律公告)

7. 在審訊時使用對質詢書作出的答覆

(第26號命令第7條規則)

在一宗訟案或事宜或其中任何爭論點的審訊進行時，任何一方可只提出對質詢書作出的某個答

覆或只提出該答覆的部分內容作為證據，而不提出其他答覆或該答覆的全部內容(視屬何情況而定)

作為證據；但法庭可審視該等答覆的整體，如認為任何其他答覆或某個答覆的任何其他部分與用作

證據的某個答覆或其部分相關連，以致用作證據時二者不應缺其一，則法庭可指示須提出該另一答

覆或該另一部分作為證據。

8. 命令的撤銷及更改(第26號命令第8條規則)

任何根據本命令作出的命令(包括應上訴而作出的命令)，在有充分的因由提出時，可由法庭後

來在審訊該命令所相關連的訟案或事宜之時或之前作出的命令或指示撤銷或更改。

第 4A 章 - 《高等法院規則》 96

命令： 27 承認 L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

1. 承認另一方的案(第27號命令第1條規則)

在不損害第18號命令第13條規則的原則下，一宗訟案或事宜的某一方，可藉其狀書或以其他書

面方式作出通知，表示他承認任何另一方的案的全部或任何部分乃屬真實。

2. 承認通知書(第27號命令第2條規則)

(1) 一宗訟案或事宜的某一方，可在不遲於該宗訟案或事宜已排期審訊後21天，向任何另一方

送達一份通知書，要求該另一方單只為該宗訟案或事宜的目的而承認該份通知書所指明的事實或他

的案的某一部分。

(2) 遵從根據本條規則發出的通知書而作出的承認，不得在作出承認所為的訟案或事宜以外的

任何訟案或事宜中，用作針對作出該項承認的一方，亦不得為使發出通知書的人以外的任何人受惠

而使用；而法庭可在任何時間，容許任何一方修訂或撤回他如此作出的承認，法庭並可施加公正的

條款。

3. 基於承認作出的判決(第27號命令第3條規則)

凡一宗訟案或事宜的某一方，藉其狀書或以其他方式對事實或部分的案作出承認，則該宗訟案

或事宜的任何另一方，均可不待各方之間的任何其他問題有所裁定便向法庭申請作出他基於該等承

認有權取得的判決或命令，而法庭可應該申請作出其認為公正的裁決或命令。

要求根據本條規則作出命令的申請，可藉傳票提出。

(2008年第152號法律公告)

4. 接納及交出文件清單所指明的文件

(第27號命令第4條規則)

(1) 除第(2)款另有規定外，並在不損害任何一方反對接納任何文件為證據的權利的原則下，獲

依據第24號命令的任何條文送達一份文件清單的任何一方，除非法庭另有命令，否則須被當作承認

─

(a) 在該份清單上被描述為文件正本的文件是一份正本文件，並經一如其看來是如此印

刷、撰寫、簽署或簽立而印刷、撰寫、簽署或簽立而成的，及

(b) 在該份清單上被描述為副本的文件是一份真實副本。

本款不適用於有關一方已在其狀書中否認其真確性的文件。

(2) 如在查閱文件清單所指明的文件後21天屆滿前，或在查閱該等文件的時限之後21天屆滿後

(二者以較遲者為準)，獲送達該份清單的一方，向該份清單所屬的一方送達通知書，述明就該份清

單所指明的任何文件而言，他並不承認該份文件的真確性，並要求須在審訊時證明其真確性，則該

一方不得當作就該份文件根據第(1)款作出任何承認。

(3) 一宗訟案或事宜的某一方，如依據第24號命令的任何條文向任何另一方送達一份文件清

單，須當作已獲該另一方送達一份通知書，要求他在該宗訟案或事宜審訊時，交出由他管有、保管

或控制的該份清單所指明的文件。

(4) 本條規則的前述條文，適用於遵從根據第24號命令第7條規則作出的命令而作出的誓章，一

第 4A 章 - 《高等法院規則》 97

如其適用於依據該命令的任何條文送達的文件清單。

5. 要求承認或交出文件的通知書

(第27號命令第5條規則)

(1) 除第4(1)條規則適用的情況外，一宗訟案或事宜的某一方，可在該宗訟案或事宜已排期審

訊後21天內，向任何另一方送達一份通知書，要求該另一方承認該份通知書所指明的文件的真確

性。

(2) 如獲送達根據第(1)款發出的通知書的某一方意欲質疑該份通知書所指明的任何文件的真確

性，該一方必須在該份通知書送達後21天內，向發出該份通知書的一方送達一份通知書，述明他並

不承認該份文件的真確性，並要求須在審訊時證明其真確性。

(3) 任何一方，如沒有按照第(2)款而就任何文件發出一份不承認通知書，則除非法庭另有命

令，否則須當作已承認該份文件的真確性。

(4) 除第4(3)條規則適用的情況外，一宗訟案或事宜的某一方，可向任何另一方送達一份通知

書，要求他在該宗訟案或事宜審訊時交出該份通知書所指明的文件。

命令： 28 原訴傳票程序 L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

1. 適用範圍(第28號命令第1條規則)

本命令的條文適用於所有原訴傳票，但如本規則或任何成文法律或根據任何成文法律訂立的條

文，對某特定類別的原訴傳票有任何特定規定，則該特定類別的原訴傳票須受該等規定規限；而在

如前所述規限下，第32號命令第5條規則適用於原訴傳票，一如其適用於其他傳票。

(2008年第152號法律公告)

1A. 誓章證據(第28號命令第1A條規則)

(1) 在任何藉原訴傳票(並非單方面傳票)開展的訟案或事宜中，原告人必須在被告人作送達認

收後14天屆滿前，如被告人有兩名或多於兩名，則為該等被告人中最少有一人作送達認收後14天屆

滿前，將他擬倚據的誓章證據送交法院存檔。 (2008年第152號法律公告)

(2) 如屬單方面傳票，申請人必須在聆訊的編定日期前4整天或之前送交其誓章證據存檔。

(3) 根據第(1)款送交法院存檔的誓章證據的文本，必須在被告人作送達認收後14天屆滿前，由

原告人送達被告人，如被告人有兩名或多於兩名，則原告人須在每一名被告人作送達認收後14天屆

滿前，將該文本送達該被告人。 (2008年第152號法律公告)

(4) 凡已作送達認收的被告人意欲提出誓章證據，他必須在原告人的誓章證據的文本根據第(3)

款送達他後28天內，將他本人的誓章證據送交法院存檔，並將其文本送達原告人及任何受該等證據

影響的被告人。 (2008年第152號法律公告)

(5) 獲送達根據第(4)款送達的被告人誓章證據文本的原告人，可在該項送達後的14天內，將作

為答覆的進一步誓章證據送交法院存檔，而如有此情況，該原告人須將進一步誓章證據的文本送達

該被告人。

(6) 如無法庭許可，不得收取任何其他誓章作為證據。

(7) 凡規定一方須向另一方送達誓章，不得就送達誓章事先收費。

(8) 如法庭並無作出任何相反指示，本條規則的條文即適用。

(9) 在本條規則中，凡提述誓章及誓章文本之處，即包括提述誓章所附同的證物及該等證物的

第 4A 章 - 《高等法院規則》 98

複本。

2. 為各方出庭編定時間(第28號命令第2條規則)

(1) 如有採用附錄A表格8格式的原訴傳票，則原告人必須在可根據第1A條規則送達誓章證據文

本的期限屆滿時起計的一個月內，為聆訊該傳票取得各方須出庭的預約時間，而各方的出庭日期及

時間，須藉蓋上法院印章的通知書(採用附錄A表格12的格式)而編定。

(2) 為聆訊採用附錄A表格10格式的原訴傳票或單方面原訴傳票而編定各方出庭的日期及時間，

可應原告人或申請人(視屬何情況而定)的申請而予以編定；如屬規定須予送達的傳票，則作送達認

收的時限在適當時須予縮短，以使其在如此編定的日期前兩天屆滿；而根據第1A(2)及(3)條規則遞

交誓章的時限，則在適當時須予縮短，以使其分別在如此編定的日期前五天及兩天屆滿。

(3) 凡原告人沒有根據第(1)款申請預約時間，任何被告人可經法庭許可而按照該款取得預約時

間，但以被告人已對原訴傳票作送達認收者為限。

(2008年第152號法律公告)

3. 聆訊通知書(第28號命令第3條規則)

(1) 在為聆訊採用附錄A表格8格式的原訴傳票而根據第2條規則編定的各方出庭日期前14天或之

前，該日期是應其申請而編定的一方，必須向其他每一方送達編定日期通知書的文本一份。 (1991

年第404號法律公告)

(2) 原告人必須在為聆訊採用附錄A表格10格式的原訴傳票而根據第2條規則編定的日期前4整天

或之前，向每一名被告人送達該傳票，或如任何被告人已獲送達該傳票，則必須向該被告人送達編

定聆訊日期通知書。

(3) 凡按照第(1)款送達採用附錄A表格12格式的通知書，該通知書須指明送達通知書的一方擬

在聆訊時尋求作出的命令或指示，而獲送達該通知書的任何一方，如意欲尋求作出不同命令或指

示，則必須在聆訊前7天或之前，向每一另一方送達通知書，指明他擬尋求作出的其他命令及指示。

(1991年第404號法律公告)

(4) 如押後聆訊採用附錄A表格8或10格式的原訴傳票，而法律程序的任何一方意欲在聆訊恢復

時申請作出任何以前未有要求作出的任何命令或指示，則該一方必須在該傳票恢復聆訊前7天或之

前，向其他每一方送達通知書，指明該等命令及指示。 (1991第404號法律公告)

(5) 凡本條規則或第5(2)條規則的任何條文規定某一方須向“其他每一方”送達一份通知書或

其文本一份─

(a) 如該一方是原告人，該一方必須向每一名已對原訴傳票作送達認收的被告人送達該份

通知書或其文本一份；及 (2008年第152號法律公告)

(b) 如該一方是被告人，則該一方必須向原告人及每一名受該份通知書影響的其他被告人

送達該份通知書或其文本一份。 (1991年第404號法律公告)

3A. 原訴傳票須在公開法庭聆訊

(第28號命令第3A條規則)

除法庭另有指示外，原訴傳票必須在公開法庭聆訊。

(2008年第152號法律公告)

4. 法庭的指示等(第28號命令第4條規則)

第 4A 章 - 《高等法院規則》 99

(1) 如被告人就原告人所提出的任何申索而須對原告人負有的法律責任已確立，則聆訊原訴傳

票的法庭可按有關案件的性質所需作出判原告人勝訴的命令；但如法庭是根據本款作出命令判一名

並無在聆訊時出庭的被告人敗訴，該命令可按法庭認為公正的條款而由後來的法庭命令予以更改或

撤銷。

(2) 凡法庭在聆訊時沒有對任何原訴傳票作出完全的處置，或命令將藉原訴傳票開展的訟案或

事宜移交區域法院或另一法院，或根據第8條規則作出命令，則法庭須就有關法律程序的繼續進行事

宜，作出其認為最宜於使該等法律程序得到公正、迅速及合乎經濟原則的處置的指示。 (1998年第

25號第2條)

(3) 在不損害第(2)款的一般性的原則下，法庭須在就原訴傳票進行的法律程序中其覺得切實可

行的最早階段，考慮是否有或是否可能會有事實方面的爭辯，並考慮以口頭證據或主要以口頭證據

的方式對原訴傳票進行聆訊是否最能使有關法律程序得到公正、迅速及合乎經濟原則的處置；而法

庭如認為適合，可命令不得將進一步證據送交存檔，並可命令須以口頭證據或部分口頭證據部分誓

章證據的方式就原訴傳票進行聆訊(並須按其指示而可盤問或不可盤問任何宣誓人)。

(4) 在不損害第(2)款的一般性的原則下，並除第(3)款另有規定外，法庭可就證據的送交存檔

及宣誓人的出席接受盤問事宜作出指示，並可作出假若有關訟案或事宜是藉令狀開展及原訴傳票是

根據第25號命令發出的案件管理傳票法庭即能根據該命令作出的任何指示。 (2008年第152號法律

公告)

(5) 法庭可在法律程序的任何階段，命令任何誓章或在任何誓章中述明的關於任何申索書、抗

辯書或其他事宜的任何詳情，須作為狀書，或命令申索書、抗辯書或答覆書中的論點須予交付並作

為狀書。 (1991年第404號法律公告)

5. 傳票的押後(第28號命令第5條規則)

(1) 法庭就原訴傳票進行的聆訊，如有必要，可不時一般地予以押後或押後至某一特定日期(視

乎情況適用而定)，而法庭根據第4條規則具有的權力，可在任何恢復的聆訊中行使。

(2) 如原訴傳票的聆訊已一般地予以押後，任何一方均可給予每一另一方為期14天的通知而將

之重新列入審訊表內，而第3(4)條規則即對任何該等押後的聆訊適用。(1991年第404號法律公告)

6. 影響沒有作送達認收的一方的申請

(第28號命令第6條規則)

(2008年第152號法律公告)

凡在一宗藉原訴傳票開展的訟案或事宜中，有申請向法庭提出，要求作出一項影響沒有對原訴

傳票作送達認收的一方的命令，則聆訊該申請的法庭，可規定須按其認為適合的方式而令其信納該

一方並沒有作出該項認收。

(2008年第152號法律公告)

7. 被告人所提出的反申索(第28號命令第7條規則)

(1) 一宗藉原訴傳票開展的訴訟的被告人，如已對原訴傳票作送達認收，並聲稱就任何事宜(不

論在何時及在何種情況下產生)而針對原告人有任何申索或有權針對原告人尋求任何濟助或補救，可

在該宗訴訟中就該事宜提出反申索，而不提出另一宗訴訟。 (2008年第152號法律公告)

(2) 意欲根據本條規則提出反申索的被告人，必須在法庭就原訴傳票進行首次聆訊或任何恢復

第 4A 章 - 《高等法院規則》 100

的聆訊時，但無論屬何情況均必須在法律程序中切實可行的最早階段，將其申索的性質通知法庭；

而在不損害法庭根據第(3)款具有的權力下，該申索須以法庭根據第4條規則或第8條規則指示的方式

提出。

(3) 如在根據本條規則提出的反申索的原告人提出申請時，法庭覺得反申索的標的物因任何理

由而應由另一宗訴訟予以處置，則可命令將該反申索剔除，或可命令將該反申索分開審訊或作出其

他合宜的命令。

8. 繼續進行法律程序猶如訟案或事宜是藉

令狀開展一樣(第28號命令第8條規則)

(1) 凡在一宗藉原訴傳票開展的訟案或事宜中，法庭在法律程序的任何階段覺得法律程序因任

何理由而應猶如該宗訟案或事宜是藉令狀開展一樣地繼續進行，則可命令法律程序須猶如該宗訟案

或事宜是如此開展一樣地繼續進行，並特別可命令任何誓章須作為狀書，並給予或不給予任何一方

對該等誓章作出增補或申請取得其詳情的自由。

(2) 凡法庭決定作出該項命令，第25號命令第2至7條規則，在略去第7(1)條規則中規定各方須

將一份指明其所要求的命令及指示的通知書送達的字句並加以必要的變通後，須得適用，猶如在有

關法律程序中曾有案件管理傳票發出及該項命令是會應該傳票作出的其中一項命令一樣。 (2008年

第152號法律公告)

(3) 即使訟案或事宜不可能藉令狀開展，本條規則仍然適用。

(4) 除非文意另有所指，否則本規則中凡提述藉令狀開展的訴訟之處，均須解釋為包括提述符

合下述情況的訟案或事宜，即已根據本條規則命令該宗訟案或事宜中的法律程序須猶如該宗訟案或

事宜是藉令狀開展一樣地繼續進行。

9. 關於聆訊或審訊的命令(第28號命令第9條規則)

(1) 除非法庭是在內庭處置藉原訴傳票開展的訟案或事宜，或命令將該宗訟案或事宜移交區域

法院或另一法庭，或根據第8條規則或本規則的另一項條文而就該宗訟案或事宜作出命令，否則法庭

在信納該宗訟案或事宜已準備妥當可予裁定時，須就該宗訟案或事宜的聆訊作出適當的命令。

(1998年第25號第2條)

(3) 法庭須藉命令決定審訊的地點及形式，但任何該等命令均可被法庭後來在審訊時或審訊前

作出的命令更改。

(4) 第33號命令第4(2)條規則及第34號命令第1至8條規則，適用於藉原訴傳票開展的訟案或事

宜及根據本條規則在該宗訟案或事宜中作出的命令，一如其適用於藉令狀開展的訴訟及根據上述第4

條規則在該宗訴訟中作出的命令；該等規則在加以任何必要的變通後，並在加以將其中提述案件管

理傳票之處代以法庭就原訴傳票進行首次聆訊或任何恢復的聆訊的進一步變通後，須據此具有效

力。 (2008年第152號法律公告)

10. 沒有從速進行法律程序(第28號命令第10條規則)

(1) 如藉原訴傳票開展的訟案或事宜的原告人不遵從法庭就法律程序的進行而作出的任何命令

或指示，或如法庭信納一宗如此開展的訟案或事宜的原告人並不妥為從速進行法律程序，則法庭可

命令將該宗訟案或事宜撤銷或作出其他公正的命令。

(2) 第(1)款在加以任何必要的變通後，適用於根據第7條規則提出反申索的被告人，一如其適

用於原告人。

第 4A 章 - 《高等法院規則》 101

(3) 凡一宗藉原訴傳票開展的訟案或事宜中的法律程序，憑藉根據第8條規則作出的命令須猶如

該宗訟案或事宜是藉令狀開展一樣繼續進行，則在該命令作出後，本條規則的前述條文即不適用於

該宗訟案或事宜。

11. 訴訟的中止等(第28號命令第11條規則)

第34號命令第9條規則適用於藉原訴傳票開展的訴訟，一如其適用於藉令狀開展的訴訟。

命令： 29 非正審強制令、財產的暫時保存、中期付款等 L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

I. 非正審強制令、財產的暫時保存等

1. 申請強制令(第29號命令第1條規則)

(1) 要求授予強制令的申請，可由一宗訟案或事宜的任何一方在該宗訟案或事宜審訊之前或之

後提出，不論該一方的令狀、原訴傳票、反申索或第三方通知書(視屬何情況而定)是否包括要求授

予強制令的申索在內。

(2) 凡申請人是原告人而案件又屬緊急，可藉誓章單方面提出該申請，但除前述情形外，該申

請必須藉傳票提出。 (2008年第152號法律公告)

(3) 除案件屬緊急者外，原告人不得在開展訟案或事宜的令狀或原訴傳票發出前提出該申請，

而如屬緊急案件，則授予所申請的強制令時，可規定須發出令狀或傳票以及施加法庭認為適合的其

他條款(如有的話)。

2. 訟案或事宜的標的物的扣留、保存等

(第29號命令第2條規則)

(1) 法庭可應一宗訟案或事宜的任何一方的申請作出命令，命令扣留、保管或保存屬於該宗訟

案或事宜的標的物的任何財產或在該宗訟案或事宜中可能就其而出現任何問題的任何財產，或命令

檢查由該宗訟案或事宜的一方管有的任何該等財產。

(2) 為使任何根據第(1)款作出的命令能予以實施，法庭可藉該命令授權任何人進入由該宗訟案

或事宜的任何一方管有的任何土地或建築物。

(3) 凡在一宗訟案或事宜中，任何一方就一筆特定資金而享有的權利有所爭議，法庭可在該宗

訟案或事宜的某一方提出申請時，命令將該筆資金繳存法院或以其他方式保障該筆資金。

(4) 根據本條規則作出的命令，可由法庭施加其認為公正的條款(如有的話)而作出。

(5) 要求根據本條規則作出命令的申請，必須藉傳票或藉根據第25號命令第7條規則發出的通知

書提出。

(6) 除非法庭另有指示，否則被告人要求作出該命令的申請，不得在他對開展有關訟案或事宜

的令狀或原訴傳票作送達認收前提出。 (2008年第152號法律公告)

3. 命令抽取樣本等的權力(第29號命令第3條規則)

(1) 凡法庭認為為任何訟案或事宜取得全面資料或證據的目的而如此行事是有需要或屬於合

宜，可在該宗訟案或事宜的一方提出申請時，施加其認為公正的條款(如有的話)，藉命令批准或規

定從屬於該宗訟案或事宜的標的物的任何財產或在該宗訟案或事宜中可能就其而出現任何問題的任

第 4A 章 - 《高等法院規則》 102

何財產抽取任何樣本，或對該財產進行任何觀察，或對該財產或以該財產進行任何實驗。

(2) 為使任何根據第(1)款作出的命令能予以實施，法庭可藉該命令授權任何人進入由該宗訟案

或事宜的任何一方管有的任何土地或建築物。

(3) 第2(5)及(6)條規則適用於要求根據本條規則作出命令的申請，一如其適用於要求根據該條

規則作出命令的申請。

4. 出售易毀消的財產等(第29號命令第4條規則)

(1) 法庭可應一宗訟案或事宜的任何一方的申請作出命令，命令在命令中指明的人按本命令中

指明的方式及條款(如有的話)，將屬於該宗訟案或事宜的標的物的任何財產或在該宗訟案或事宜中

就其而出現任何問題的任何財產(土地除外)出售，而該等財產是屬於易毀消性質或如予保留則相當

可能會變壞或因任何其他好的理由宜於立即出售的。

在本款中，“土地”(land) 包括土地的任何權益或在土地上的任何權利。

(2) 第2(5)及(6)條規則適用於要求根據本條規則作出命令的申請，一如其適用於要求根據第2

條規則作出命令的申請。

5. 盡早進行審訊的命令(第29號命令第5條規則)

凡在聆訊一項在一宗訟案或事宜審訊前提出的強制令或委任接管人或根據第2、3或4條規則作出

命令的申請時，法庭覺得有關的有爭議的事宜的較佳處理方法為盡早進行審訊而非為該申請的目的

而考慮該事宜的全部是非曲直，則法庭可據此作出命令，並可就審訊前的期間的事宜作出為公正處

理有關案件所需的命令。

凡法庭作出盡早進行審訊的命令，法庭須藉該命令決定審訊的方式。

6. 受留置權等規限的非土地財產的討回等

(第29號命令第6條規則)

凡原告人或提出反申索的被告人，申索討回某特定的財產(土地除外)，而被人尋求討回財產的

一方雖對提出申索的一方的所有權並無爭議卻聲稱憑藉一項留置權或其他權利而有權保留該財產作

為任何款項的保證，則法庭可在該聲稱如此有權的申索見於狀書(如有的話)或藉誓章或其他方式提

出而令其信納有此聲稱後的任何時間，命令尋求討回該財產的一方可將所申索的保證所關乎的款項

以及法庭所指示的用作支付利息及訟費的其他款項(如有的話)繳存法院以依從訴訟的結果，並可命

令所申索的財產須在該等款項繳存法院後交還提出申索的一方。

7. 指示(第29號命令第7條規則)

(1) 凡有申請根據本命令的前述任何條文提出，法庭可就有關訟案或事宜的進一步法律程序作

出指示。

(2) 如在一宗藉令狀開展的訴訟(非屬第25號命令第1(2)條規則(a)至(c)及(e)至(h)段所述的訴

訟)中，法庭認為適合在案件管理傳票發出前根據本條規則作出指示，則該命令第2至7條規則，在略

去第7(1)條規則中規定各方須送達一份述明他們意欲要求作出的命令及指示的通知書的字句並在加

以任何其他必要的變通後，須得適用，猶如該申請是案件管理傳票一樣。 (2008年第152號法律公

告)

第 4A 章 - 《高等法院規則》 103

7A. 根據本條例第42及44(1)條而對財產進行檢查等

(第29號命令第7A條規則)

(1) 要求根據本條例第44(1)條，就可能成為後來在法庭進行的法律程序的標的物的財產或在該

等法律程序中可能有問題就其而產生的財產作出命令的申請，須藉原訴傳票提出，並須以所尋求的

命令所針對的人為原訴傳票的被告人。

(2) 在法律程序展開後要求根據本條例第42(2)條就並非法律程序的任何一方所擁有或管有的財

產作出命令的申請，須藉傳票提出。傳票必須面交送達所尋求的命令所針對的人，以及法律程序中

申請人以外的每一方。

(3) 根據第(1)或(2)款發出的傳票須由誓章支持。誓章必須指明或描述所尋求的命令所關乎的

財產，並必須表明該財產屬於或可能成為有關法律程序的標的物，或在有關法律程序中有或可能有

任何問題就其而產生；如屬切實可行，並須參照任何已在或擬在有關法律程序或後來的法律程序中

送達的狀書而作此表明。

(4) 用以支持的誓章的文本，須連同傳票送達按規定傳票須予送達的每一人。

(5) 根據第42(2)或44(1)條作出的命令，可帶有申請人須為命令所針對的人的訟費提供保證的

條件，或由法庭施加其認為公正的其他條款(如有的話)而作出。

(6) 法庭如覺得有下列情況，不得作出該命令─

(a) 命令如作出則對其遵從會導致披露並非在法律程序中有所爭議的關於某秘密程序、發

現或發明的資料；及

(b) 申請─

(i) 如屬根據第(1)款發出的傳票，假若該等後來的法律程序已經開展，申請本會因該

理由而遭拒絕；或

(ii)如屬根據第(2)款發出的傳票，假若所尋求的命令所針對的人是法律程序的一方，

申請本會因該理由而遭拒絕。

8. 訴訟待決期間容許將來自財產的收入支出

(第29號命令第8條規則)

凡任何土地財產或非土地財產組成任何法律程序的標的物，而法庭又信納該財產足夠支付在該

等法律程序中應預留款項以應付就該財產而提出的所有申索有餘，則法庭可在任何時間容許將來自

該財產的全部或部分收入，在法庭所指示的期間支付給在該財產中有權益的任何一方或所有各方，

或可指示將該非土地財產的任何部分轉讓或交付上述各方的任何一方或所有各方。

8A. 要求根據本條例第21M(1)條

批予臨時濟助的申請

(第29號命令第8A條規則)

(1) 要求根據本條例第21M(1)條批予臨時濟助的申請，必須藉採用附錄A表格10格式的原訴傳票

提出。

(2) 本命令第1、2、3、4、7(1)、7A及8條規則在經必要的變通後，適用於有關申請，一如該等

規則適用於在高等法院的訴訟或法律程序中尋求非正審濟助的申請。

(3) 法庭在聆訊有關原訴傳票時，可指示該聆訊的全部或任何部分在公開法庭進行。

(2008年第152號法律公告)

第 4A 章 - 《高等法院規則》 104

II. 中期付款

9. 第II部的釋義(第29號命令第9條規則)

在本命令的本部中─

“中期付款”(interim payment) 就被告人而言，指因被告人可能被判須負法律責任向原告人支付

或為使原告人得益而支付的任何損害賠償、債項或其他款項(訟費除外)而作的付款；而凡提述

原告人或被告人，即包括提述任何為進行有關法律程序而以原告人的起訴監護人或被告人的監

護人的身分行事的人。 (1993年第99號法律公告)

10. 要求作出中期付款的申請

(第29號命令第10條規則)

(1) 原告人可在令狀已送達被告人及被告人作送達認收的期限已屆滿後的任何時間，向法庭申

請作出命令，規定該被告人須作出中期付款。 (2008年第152號法律公告)

(2) 根據本條規則提出的申請須藉傳票提出，但該申請可被包括在根據第14號命令或第86號命

令發出的要求作出簡易判決的傳票中。

(3) 根據本條規則提出的申請須由誓章支持，誓章須─

(a) 核實該申請所關乎的損害賠償、債項或其他款項的款額及申請的理由；

(b) 附有原告人所倚據以支持該申請的任何書面證據作為證物；及

詳情。

(4) 有關傳票和用以支持的誓章的文本，以及任何附於該誓章中作為證物的文件，須在回報日

前10整天或之前，送達所尋求的命令所針對的被告人。

(5) 即使法庭作出或拒絕作出一項中期付款命令，如能提出因由，則仍可提出第二次或後來的

申請。

11. 就損害賠償作出中期付款的命令

(第29號命令第11條規則)

(1) 如在就損害賠償提出的訴訟中，法庭於聆訊根據第10條規則提出的申請時信納─

(a) 所尋求的命令所針對的被告人(在本款中稱為“答辯人”)已就原告人的損害賠償承認

法律責任；或

(b) 原告人已取得答辯人敗訴而損害賠償有待評估的判決；或

人有兩名或多於兩名，則原告人會取得任何該等被告人敗訴須支付可觀損害賠償的判

決，

則如法庭認為適合及除第(2)款另有規定外，可命令答辯人作出款額為法庭認為公正的中期付款，但

該款額不得超逾法庭在考慮及任何有關共同疏忽及答辯人可能有權倚據的任何抵銷申索，交相申索

或反申索後，認為相當可能會被原告人討回的損害賠償的合理比例。

(2) 在一宗就人身傷害而提出的訴訟中，法庭如覺得被告人並非屬於任何下列類別的人，即不

得根據第(1)款作出命令─

(a) 已就原告人的申索投購保險的人，或就原告人的申索須負上的法律責任會由以下人士

承擔的人—

第 4A 章 - 《高等法院規則》 105

(i) 《汽車保險(第三者風險)條例》(第272章)第10條所指的保險人；或

(ii)在與香港汽車保險局訂立的協議中屬其中一方的保險人；或

(iii) 香港汽車保險局； (2002年第108號法律公告)

(b) 某公共主管當局；或

(3) 在第(2)(a)(ii)款中，“協議”(agreement) 指香港汽車保險局與保險公司及獲授權在香

港經營汽車保險業務的勞合社承保人於1981年2月1日訂立並經不時修訂的本地協議。 (2002年第

108號法律公告)

12. 就損害賠償以外的款項作出中期付款的命令

(第29號命令第12條規則)

如在聆訊根據第10條規則提出的申請時，法庭信納─

(a) 原告人已取得進行下述事宜的命令，即製備他本人與被告人之間的帳目並支付經製備

帳目後核證為須付的任何款項；或

(b) 原告人提出的訴訟包括就土地的管有而提出的申索，而如該宗訴訟進行審訊，則即使

作出的最終判決或命令是被告人勝訴，被告人仍會就該宗訴訟待決期間他使用並佔用

有關土地而被判須負法律責任向原告人支付一筆款項；或

人敗訴的判決，

則法庭在考慮及被告人可能有權倚據的任何抵銷申索，交相申索或反申索後，如認為適合，並在不

損害各方就被告人須予支付的款項的性質或屬性所持的爭議下，可命令被告人作出款額為法庭認為

公正的中期付款。

13. 付款方式(第29號命令第13條規則)

(1) 除第80號命令第12條規則另有規定外，任何被命令作出的中期付款的款項均須支付給原告

人，但有關命令訂明須繳存法院者除外，而凡有該款項繳存法院，法庭可應原告人的申請，命令將

該款項的全部或任何部分，按法庭認為適合的某個或多個時間支付給原告人。

(2) 根據第(1)款提出的將存於法院的款項支出的申請，可單方面提出，但聆訊該申請的法庭可

指示發出傳票。

(3) 命令可規定中期付款以一筆款項的形式支付或按法庭認為適合的分期方式支付。

(4) 凡命令須就被告人的使用及佔用土地而付款，命令可規定在訴訟待決期間作出按期付款。

14. 應根據第10條規則提出的申請而作出的指示

(第29號命令第14條規則)

凡有申請根據第10條規則提出，法庭可就訴訟的繼續進行事宜作出指示，而在適用的範圍內，

第25號命令第2至7條規則，在略去第7(1)條規則中規定各方須送達一份述明他們要求作出的命令及

指示的通知書的字句並在加以任何其他必要的變通後，須得適用，猶如該申請是案件管理傳票一

樣，法庭並特別可命令盡早審訊有關訴訟。

(2008年第152號法律公告)

15. 不得披露中期付款(第29號命令第15條)

第 4A 章 - 《高等法院規則》 106

已有命令根據第11或12條規則作出一事不得作訴，且除非被告人同意或法庭有所指示，否則該

事或已有中期付款作出(不論是自動作出或是依據一項命令作出)一事，均不得在審訊或聆訊關於法

律責任或損害賠償的任何問題或爭論點時向法庭傳達，直至關於法律責任及款額的所有問題已有裁

定為止。

16. 將款項繳存法院以了結訴訟因由

(第29號命令第16條規則)

凡被告人在作出中期付款後(不論是自願作出或是依據一項命令作出)根據第22號命令將一筆款

項繳存法院，則繳存款項通知書必須述明被告人已將中期付款計算在內。

(2008年第152號法律公告)

17. 按最終判決或命令或訴訟中止作出的調整

(第29號命令第17條規則)

凡被告人已被命令作出中期付款或事實上已作出中期付款(不論是自願作出或是依據一項命令作

出)，法庭可在作出最終判決或命令時，或在批予原告人許可中止其訴訟或撤回某項申索(而該筆中

期付款是就該項申索而作的)時，或在法律程序的任何其他階段應任何一方的申請，就該筆中期付款

作出公正的命令，特別是下列命令─

(a) 原告人須全部或部分交回該筆中期付款的命令；或

(b) 更改或免除付款的命令；或

分擔款項或彌償的方式，或有權就與原告人的申索有關或相關連的任何補救或濟助，

向該被告人討回該部分的付款的)。

18. 反申索及其他法律程序(第29號命令第18條規則)

凡在藉令狀以外的方式展開的任何反申索或法律程序中，一方尋求規定由另一方作出中期付款

的命令，本命令中本部的前述各條規則，在加以必要的變通後，即適用於該反申索或法律程序。

命令： 30 接管人 L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

1. 要求委任接管人並授予強制令的申請

(第30號命令第1條規則)

(1) 要求委任接管人的申請，可藉傳票提出。 (2008年第152號法律公告)

(2) 要求作出委任接管人的命令所附帶或連帶的強制令申請，可與要求委任接管人的命令的申

請一同提出。

(3) 凡申請人意欲申請立即獲授予該強制令，他可單方面藉誓章而如此行事。

(4) 聆訊第(3)款所指的申請的法庭可授予強制令，禁制實益有權享有尋求委任接管人所關乎的

財產中的任何權益的一方，將該財產轉讓、作押記或以其他方式處理，直至要求委任接管人的傳票

聆訊完畢為止；法庭並可規定須發出該傳票，而該傳票須在法庭所指示的日期回報。

第 4A 章 - 《高等法院規則》 107

2. 由接管人提供保證

(第30號命令第2條規則)

(1) 指示委任接管人的判決或命令，可包括法庭認為適合的關於獲委任的人所須提供保證的指

示。

(2) 凡任何判決或命令，委任其所指名的人為接管人，而憑藉該判決或命令某人被規定須按照

本條規則提供保證，則該人必須妥為提供法庭所批准的保證，以為他以接管人身分接管的東西作出

交代，並按法庭的指示而處理該等東西。

(3) 除非法庭另有指示，否則保證須藉保證書作出。

(4) 保證書必須送交登記處存檔，並須予以保存作為紀錄，直至被妥為取消為止。

3. 接管人的酬金(第30號命令第3條規則)

獲委任為接管人的人，須獲付法庭所批准的適當酬金(如有的話)；法庭亦可指示該酬金須參照

其認為適合的專業收費表或收費率而釐定。

4. 命令及通知書的送達(第30號命令第4條規則)

委任接管人的判決或命令的文本，須由進行法律程序的一方，送達接管人及接管人獲委任的訟

案或事宜的所有其他各方。

5. 接管人的帳目(第30號命令第5條規則)

(1) 接管人須在法庭所指示的期間或日期，向法庭所指示的各方呈交法庭所指示的帳目。

(2) 接管人被規定須向其呈交帳目的任何一方可在給予接管人合理的通知後，親自或由代理人

代為查閱有關簿冊及其他與帳目有關的文據。

(3) 任何一方如不滿意接管人的帳目，可發出通知書，指明其所反對的一項或多於一項項目，

並要求接管人在不少於14天內向法庭遞交其帳目；而該通知書的文本須向登記處交付。

(4) 如帳目有任何一項或多於一項項目遭反對，在法庭或他人代法庭審查該項或該等項目之

後，審查的結果必須由司法常務官核證，並即可據之而就所招致的任何訟費或開支而作出命令。

6. 由接管人將款項繳存法院

(第30號命令第6條規則)

法庭可定出接管人須將款項繳存法院的款額及次數。

7. 接管人的失責(第30號命令第7條規則)

(1) 凡接管人沒有出席其任何帳目的審查，或沒有呈交任何他須呈交的帳目或沒有提供機會以

取用任何他須提供機會取用的簿冊或文據，或沒有作出任何其他他須作出事情，則他本人及他獲委

任為接管人的訟案或事宜的任何一方或所有各方，可被規定須在內庭出席，就上述沒有作出的事宜

提出因由；而法庭則可在內庭或在將案件押後轉往法庭後作出其認為恰當的指示，包括(如有需要)

解除接管人的委任的指示，委任另一名接管人的指示及支付訟費的指示。

(2) 在不損害第(1)款的原則下，凡接管人沒有出席其任何帳目的審查，或沒有呈交任何帳目，

第 4A 章 - 《高等法院規則》 108

或沒有在法庭所定的日期向法院繳存任何規定須如此繳存的款項，則法庭可拒准支付接管人所要求

的任何酬金，並可在接管人沒有向法院繳存任何該等款項的情況下，向他收取該筆款項在被他以接

管人身分管有的期間的利息，款額按照當時就原訟法庭的判定債項而須支付的利率計算。 (1998年

第25號第2條)

8. 給予接管人的指示(第30號命令第8條規則)

接管人可在任何時間請求法庭給予他指示，該請求須以書面述明要求作指示的事宜。

9. 要求根據本條例第21M(1)條

委任接管人的申請

(第30號命令第9條規則)

本命令在經下述變通後，適用於要求根據本條例第21M(1)條委任接管人的申請，一如本命令適

用於在高等法院的訴訟或法律程序中要求委任接管人的申請—

(a) 該申請必須藉採用附錄A表格10格式的原訴傳票提出，而第1(1)條規則據此並不適用；

及

(b) 第1(3)及(4)條規則不適用於該申請。

(2008年第152號法律公告)

命令： 31 藉法庭命令將土地出售等 25 of 1998 01/07/1997

附註：

具追溯力的適應化修訂─見1998年第25號第2條

1. 命令出售土地的權力(第31號命令第1條規則)

凡在關於任何土地的訟案或事宜中，就該宗訟案或事宜而言，出售該土地或其任何部分看來是

有需要或屬於合宜的，則法庭可命令出售該土地或其任何部分；而任何受該命令約束的一方，如管

有該土地或該部分或收取該土地或該部分的租金及利潤，可被強迫向購買人或法庭所指示的其他

人，交出該項管有或該等收入。

在本命令中，“土地”(land) 包括土地的任何權益或在土地上的任何權利。

2. 進行出售的方式(第31號命令第2條規則)

(1) 凡有指示出售任何土地的命令作出，不論該命令是在法庭或內庭作出，法庭均可准許進行

出售的人或一方按該人或該一方認為適合的方式出售該土地，或可指示按法庭為取得最佳的可得售

價而藉該命令指示或法庭後來所指示的方式出售該土地；所有恰當的各方均須按法庭的指示參與該

宗出售及轉易。

(2) 為完成該宗出售，法庭可作出其認為適合的指示；在不損害前述詞句的一般性的原則下，

該等指示包括具以下作用的指示─

(a) 委任某人或某一方進行出售事宜；

(b) 定出出售的方式，不論是須以法庭批准為條件的合約、私人協約、公開拍賣、投標或

其他方式；

第 4A 章 - 《高等法院規則》 109

(d) 規定須將買款繳存法院或受託人或其他人；

(e) 擬定為出售的細則及條件；

(f) 為取得關於財產價值的證據；

(g) 如出售是藉公開拍賣進行，定出拍賣商所須提供的保證(如有的話)及他所可獲付的酬

金；

(h) 規定須將所有權的摘要轉交大律師，以取得其意見，並由大律師擬定出售的細則及條

件。

3. 核證出售的結果(第31號命令第3條規則)

(1) 如法庭已指示須將買款繳存法院或如法庭有所指示，則藉法庭命令進行的出售的結果必須

由以下的人核證─

(a) 如屬藉公開拍賣進行的出售，由進行出售的拍賣商核證；及

(b) 如屬任何其他情況，由進行出售的人或一方的律師核證；

法庭並可規定證明書須由拍賣商或律師(視屬何情況而定)的誓章核實。

(2) 進行出售的人或一方的律師必須將該證明書及任何誓章送交登記處存檔。

4. 根據法庭命令作出的按揭、交換及分劃

(第31號命令第4條規則)

在適用的範圍內並在加以必要的變通後，第2及3條規則適用於根據一項法庭命令作出的任何土

地的按揭、交換或分劃，一如其適用於根據該項命令作出的任何土地的出售。

命令： 32 在內庭提出的申請及進行的法律程序 L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

I. 一般規定

1. 提出申請的方式(第32號命令第1條規則)

除第25號命令第7條規則另有規定外，在內庭提出的申請如非單方面提出則必須藉傳票提出；而

凡根據本規則的條文該傳票必須由誓章支持者，則該誓章須與該傳票同時送交存檔。

(1995年第127號法律公告)

2. 傳票的發出(第32號命令第2條規則)

(1) 須在內庭提出申請的傳票，一經加蓋法院印章即屬發出。

(2) 傳票發出後，未經法庭許可不得予以修訂。

3. 傳票的送達(第32號命令第3條規則)

只要求延展或縮短任何期限的傳票，可在傳票所指明的聆訊日期前一天送達，但除前文所述

外，以及除非法庭另有命令或本規則的任何規則另有規定，任何傳票必須在其所指明的聆訊日期前2

整天或之前送達其他每一方。

第 4A 章 - 《高等法院規則》 110

4. 聆訊的押後(第32號命令第4條規則)

(1) 傳票的聆訊可不時一般地予以押後或押後至某一日期，視乎情況適用而定。

(2) 如聆訊是一般地予以押後，則取得傳票的一方可給予已獲送達傳票的所有其他各方為期2整

天的通知而將聆訊重新列入審訊表內。

5. 在沒有出席的一方缺席的情況下進行的法律程序

(第32號命令第5條規則)

(1) 凡傳票的任何一方沒有出席傳票的首次聆訊或任何恢復的聆訊，法庭在考慮及申請的性質

後，如認為如此行事屬於合宜，可在該一方缺席的情況下進行法律程序。

(2) 在任何一方缺席的情況下進行法律程序之前，法庭可規定須使法庭信納傳票或關於恢復的

聆訊的指定日期的通知書(視屬何情況而定)已妥為送達該一方。

(3) 凡聆訊傳票的法庭在某一方缺席的情況下進行法律程序，則如在該次聆訊作出的任何命令

尚未完備，而法庭又信納如此行事屬於公正，法庭可重新聆訊該傳票。

(4) 凡藉傳票提出的申請由於取得傳票的一方沒有出席聆訊而在無聆訊的情況下被駁回，則法

庭如信納如此行事屬於公正，可容許將傳票重新列入審訊表內。

6. 單方面命令可予作廢(第32號命令第6條規則)

法庭可將作出的單方面命令作廢。

7. 傳召證人出庭令(第32號命令第7條規則)

(1) 如意欲證人出庭的一方交出法官、司法常務官或聆案官(視屬何情況而定)的短簡，批准發

出著令出庭作證的傳召出庭令狀或著令攜帶文件出庭的傳召出庭令狀，則登記處可發出該等令狀，

以為在內庭進行法律程序而強迫有關證人出庭。

(2) 司法常務官或任何聆案官可發出該短簡，或指示申請該短簡的一方須向聆訊法律程序的法

官申請。

(1998年第25號第2條)

8. 司法常務官等可監誓等

(第32號命令第8條規則)

(1) 司法常務官或任何聆案官具有權限為法庭的法律程序監誓和監理誓章。

9. 根據《精神健康條例》提出的申請

(第32號命令第9條規則)

(1) 法庭根據《精神健康條例》(第136章)第69條批予針對某人提出法律程序的許可的司法管轄

權，可由法官在內庭行使。 (1998年第25號第2條)

(2) 藉以提出根據上述第69條要求批予許可的申請的原訴傳票，須採用附錄A表格10的格式。

(3) 申請必須由誓章支持，誓章須列出尋求許可的理由及證明該等理由所需的事實。

第 4A 章 - 《高等法院規則》 111

9A. 根據《時效條例》提出的要求作指示的申請

(第32號命令第9A條規則)

根據《時效條例》(第347章)第30條指示該條例第27或28條不適用於某宗訴訟或不適用於該宗訴

訟所關乎的任何經指明的訴訟因由的司法管轄權，可由法庭行使。

10. 要求將樞密院命令作為原訟法庭命令的申請

(第32號命令第10條規則)

(香港) 要求將終審法院命令作為原訟法庭命令的申請，可藉誓章而向聆案官單方面提出。

(1995年第79號第50條；1998年第25號第2條)

II. 司法常務官、大法官及法庭的權力

11. 司法常務官及聆案官的司法管轄權

(第32號命令第11條規則)

(1) 司法常務官及任何聆案官具有權力處理所有根據任何條例或藉本規則可由法官在內庭處理

的事務，並行使所有根據任何條例或藉本規則可由法官在內庭行使的權限及司法管轄權，但關於以

下事宜及法律程序的事務、權限及司法管轄權除外，即─

(a) 關於刑事法律程序的事宜，但關於獲准保釋條件的事宜及根據第70號命令提出的關於

刑事法律程序的申請不在此限； (1992年第403號法律公告；2008年第152號法律公

告)

(b) 關於人民的自由的事宜，但對要求付款的民事申索作強制執行、保證或追索的逮捕命

令和監禁命令，以及禁止任何人離開香港的命令不在此限；

(d) (除第(2)款另有規定外)為根據第29號命令第I部授予強制令或其他命令而進行的法律

程序；

(da) 根據本條例第27A條(提起或繼續法律程序的許可)提出的要求許可提起或繼續進行

法律程序的申請； (2008年第152號法律公告)

(f) 本規則的任何規則規定只可由法官聆訊的任何其他事宜或法律程序。

(2) 如在任何法律程序中有人尋求授予強制令或作出扣押、保管或保存任何財產的命令，司法

常務官及任何聆案官具有權力按經該等法律程序的各方所協議同意的條款授予強制令或作出該命

令。

(1998年第25號第2條)

11A.非正審申請(第32號命令第11A條規則)

(1) 聆案官可—

(a) 不經口頭聆訊而裁定非正審申請；或

(b) 將該申請押後，在他本人或另一聆案官或一名法官席前在內庭進行聆訊。

(2) 聆案官可編定一個他可作出下述事宜的日期—

(a) (如屬第(1)(a)款的情況)發下他就有關申請的裁定；及

(b) (如屬第(1)(b)款的情況)作出命令，規定該申請須在該命令所指明的日期，在他本人

或另一聆案官或一名法官席前在內庭進行聆訊。

第 4A 章 - 《高等法院規則》 112

(3) 聆案官可為裁定有關申請，而作出他認為有必要或適宜的指示，包括關乎下述事宜的指示

—

(a) 為須在作出該等指示的日期與裁定該申請的日期之間採取的步驟，設定時間表；

(b) 將證據及論點送交存檔；

(d) 將反對(c)段所提述的訟費陳述書的理由陳述書送交存檔。

(4) 凡為聆訊傳票而押後對申請作出裁定，除非法庭覺得因特殊情況，適宜援引進一步的證

據，否則不得援引進一步的證據。

(5) 第(4)款受根據第(3)款作出的指示規限。

(6) 本條規則不適用於—

(a) 根據第2號命令第4條規則，就法庭命令所施加的任何懲罰條款取得寬免提出的申請；

及

(b) 要求延展或縮短遵從法庭命令的時限的申請。

(2008年第152號法律公告)

11B. 法庭指明沒有遵從應非正審申請而作出的

法庭命令的後果的權力

(第32號命令第11B條規則)

(1) 凡法庭在—

(a) 有人根據第25號命令在有關訴訟中取得案件管理傳票之前；或

(b) 根據第25號命令第1A(1)(a)、(2)(a)或(4)條規則作出關乎案件管理的指示之前，

應非正審申請而作出命令，法庭如認為適宜指明沒有遵從該命令的後果的話，可指明該等後果。

(2) 凡法庭在—

(a) 根據第25號命令在有關訴訟中取得的案件管理傳票已獲法庭處理之後；或

(b) 已根據第25號命令第1A(1)(a)、(2)(a)或(4)條規則作出關乎案件管理的指示之後，

應非正審申請而作出命令，除非因特殊情況不宜指明沒有遵從該命令的後果，否則法庭須指明該等

後果。

(3) 根據第(1)或(2)款指明的後果，必須就不遵從命令而言屬適當和相稱。

(2008年第152號法律公告)

12. 將事宜轉交法官(第32號命令第12條規則)

司法常務官及任何聆案官可將他認為應當由法官裁定的任何事宜轉交一名法官；而該名法官可

對該事宜作出處置，或將該事宜轉交回司法常務官或任何聆案官，並作出他認為適合的指示。

(1998年第25號第2條)

13. 指示在法庭聆訊的權力(第32號命令第13條規則)

(1) 在內庭審案的法官如認為任何傳票、申請或上訴基於其重要性或因任何其他理由而應在法

庭聆訊，可指示該傳票、申請或上訴須在法庭聆訊或須押後轉往法庭聆訊。 (1998年第25號第2條)

(2) 憑藉根據第(1)款作出的指示而在法庭聆訊的任何事宜，可予以押後而從法庭轉往內庭。

16. 取得專家的協助(第32號命令第16條規則)

第 4A 章 - 《高等法院規則》 113

如法庭認為為使法庭更能就在內庭進行的法律程序中出現的任何事宜作出裁定，如此行事屬於

合宜，則可取得任何對該事宜有特別資格提供意見的人的協助，並可按該人的意見而行事。

17. 關於誓章的送交存檔等的通知書

(第32號命令第17條規則)

任何一方─

(a) 如將一份他擬在內庭進行的任何法律程序中使用的誓章送交存檔，或

(b) 如擬在任何該等法律程序中使用他曾在過往的法律程序中送交存檔的任何誓章，

則必須就送交誓章存檔一事或他擬使用該等誓章一事(視屬何情況而定)向其他每一方發出通知。

18. 押後而從內庭轉往法庭或押後而從法庭轉往內庭

(第32號命令第18條規則)

在內庭進行的任何傳票或其他申請的聆訊，可予以押後而從內庭轉往法庭及其後再予以押後而

從法庭轉往內庭。

19. 在內庭處置事宜(第32號命令第19條規則)

法官可藉在任何法律程序中在法庭作出的任何判決或命令，指示他所指明的該等法律程序中的

事宜(如有的話)須在內庭處置。

(1998年第25號第2條)

21. 供法庭使用的文據等(第32號命令第21條規則)

須在內庭進行的法律程序中用作證據的任何文件的正本，如其為可取用者，則必須攜備，而除

非法庭指示須提供任何該等文件或其部分的副本，以供法庭使用或給予該等法律程序的其他各方，

否則不得將該文件或其部分複製副本。

22. 在內庭進行的法律程序的紀錄

(第32號命令第22條規則)

(香港) 在法官、司法常務官或聆案官的內庭進行的所有法律程序，均須備存紀錄；紀錄須註

明該等法律程序的日期，以使任何訟案或事宜的所有該等法律程序，均按日期先後而予以註明，紀

錄並須載有述明在每次聆訊時所決定的事宜的簡要陳述。

(1998年第25號第2條)

命令： 32A 無理纏擾的訴訟人 L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

1. 本條例第27(1)條所指的申請

(第32A號命令第1條規則)

(1) 本條例第27(1)條所指的要求針對某人作出該條所指明的命令的申請，必須藉由誓章支持的

第 4A 章 - 《高等法院規則》 114

原訴傳票提出，並必須送達該人。

(2) 上述申請必須由單一名法官在公開法庭聆訊。

2. 要求批予許可提起或繼續進行法律程序等

的申請(第32A號命令第2條規則)

(1) 如根據本條例第27(1)條在某法律程序(“有關法律程序”)中針對某人作出的命令屬有效，

而該人要求批予許可提起或繼續進行任何法律程序的申請，必須藉採用附錄A表格27A格式並載有述

明以下事宜的陳述書的通知書提出—

(a) 有關法律程序的標題及參考編號；

(b) 申請人的姓名或名稱及地址；

(d) 簡述申請人為何尋求該命令。

(2) 申請許可的通知書必須與申請人賴以支持有關申請的任何誓章證據一併送交存檔。

(3) 申請通知書必須列出申請人先前根據本條例第27條提出的要求批予許可的申請，以及該等

申請的結果。

3. 聆訊及裁定要求批予許可的申請

(第32A號命令第3條規則)

(1) 根據第2條規則提出的要求批予許可的申請，可在申請人無需出庭的情況下，由單一名法官

作出裁定，但如該法官就該申請的聆訊作出指示，則屬例外。

(2) 如法官就申請的聆訊作出指示，聆訊可在內庭進行。

(3) 根據第(2)款就申請的聆訊作出的指示，可包括一項命令，規定向律政司司長以及申請人意

欲尋求許可提起或繼續進行的法律程序所針對的任何人，送達申請通知書。

(4) 在就申請作出命令前，法官可指示申請人提供進一步的誓章證據。

(5) 如有關申請所尋求的許可或所提供的理由，實質上與支持先前的申請所提交者重複，而該

先前申請已被拒絕，則在不局限法官拒絕有關申請的權力下，法官可作出拒絕該申請的命令。

(6) 凡申請人在獲批予許可下，提起新的法律程序或繼續進行法律程序，申請人須—

(a) 將批予該許可的命令，連同藉以提起或繼續進行該法律程序的文書，送交存檔；及

(b) 將批予該許可的命令，連同藉以提起或繼續進行該法律程序的文書，送達屬該法律程

序一方的其他每一人。

4. 命令的送達(第32A號命令第4條規則)

(1) 批予或拒絕批予許可的命令，或依據第3(3)條規則作出的命令，必須按有關申請通知書內

提供的地址，送交申請人。

(2) 如律政司司長已依據第3(3)條規則，獲送達有關申請通知書，在批予許可的命令送交申請

人後，申請人須立即將命令的文本送達律政司司長。

5. 將批予許可作廢

(第32A號命令第5條規則)

(1) 在下述情況下，任何人均可申請將批予許可作廢—

第 4A 章 - 《高等法院規則》 115

(a) 該許可容許申請人針對該人提起或繼續進行法律程序；而

(b) 該許可的批予，並非在已依據根據第3 條規則作出的指示通知該人的聆訊中作出。

(2) 第(1)款所指的申請必須在批予許可的命令根據第3(6)(b)條規則送達有關的人後14天內，

藉在各方之間的傳票提出。

6. 需要許可方可查閱關乎本條例

第27A條所指的許可申請的文件

(第32A號命令第6條規則)

(1) 如無法庭許可，任何人均不得查閱已送交登記處存檔的關乎本條例第27A條所指的要求批予

許可的申請的文件。

(2) 法庭除非信納有合理理由作出有關查閱，否則不得根據第(1)款批予許可。

(3) 根據第(1)款批予的許可，可按法庭認為公正的條款及條件批予。

7. 過渡性條文(第32A號命令第7條規則)

凡在緊接本命令生效*前，在緊接本命令生效前有效的本條例第27條所指的要求作出命令或批予

許可的申請仍然待決，該申請須在猶如本命令並未訂立的情況下裁定。

(2008年第152號法律公告)

__________________________________________________________________________

註：

* 生效日期：2009年4月2日。

命令： 33 審訊的地點及方式 L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

審訊

1. 審訊的地點(第33號命令第1條規則)

除本規則的條文另有規定外，審訊一宗訟案或事宜或該宗訟案或事宜中所出現的任何問題或爭

論點的地點，須由法庭決定。該地點須為高等法院大樓或終審法院首席法官所批准的另一地點或其

他地點。

(1998年第25號第2條)

2. 審訊的方式(第33號命令第2條規則)

除本規則的條文另有規定外，一宗訟案或事宜或該宗訟案或事宜中所出現的任何問題或爭論

點，可在─

(a) 法官獨自一人，或

(b) 法官(在有陪審團的情況下)，或

(d) 聆案官，

的席前進行審訊。

(1998年第25號第2條)

第 4A 章 - 《高等法院規則》 116

3. 審訊問題或爭論點的時間等(第33號命令第3條規則)

一宗訟案或事宜中所出現的任何問題或爭論點，不論是關於事實或法律或部分關於事實部分關

於法律，亦不論是藉狀書或其他方式提出，法庭均可命令在該宗訟案或事宜的審訊之前、之時或之

後就該問題或爭論點進行審訊，並可就該問題或爭論點的陳述方式作出指示。

4. 決定審訊的地點及方式(第33號命令第4條規則)

(1) 在藉令狀開展的每宗訴訟中，法庭須藉命令決定審訊的地點及方式。 (2008年第152號法

律公告)

(2) 在任何該等訴訟中，可命令不同的問題或爭論點須在不同的地點或以不同的方式審訊；並

可命令某一項或多於一項的問題或爭論點須在其他問題或爭論點的審訊之前予以審訊。

(2A)在就人身損害而提出的訴訟中，法庭可在法律程序的任何階段主動作出命令，命令在審訊

關於須判給的損害賠償金額的任何爭論點或問題前，先行審訊關於法律責任的爭論點，此外─

(a) 儘管第42號命令第5(5)條規則的條文已有規定，在各方缺席的情況下如此作出的命

令，仍須由一名法院人員草擬，該名人員並須將該命令的文本送達每一方；及

(b) 凡某一方在該命令送達他後14天內提出申請，法庭可確認或更改該命令或將該命令作

廢。 (1991年第404號法律公告)

(4) 對於就侵犯專利而提出的訴訟，本條規則不影響第103號命令第26條規則的條文。

4A. 分開審訊：就法律責任作出提議

(第33號命令第4A條規則)

(1) 凡有命令根據第4(2)條規則作出，命令先行審訊關於法律責任的爭論點，然後審訊關於須

判給的損害賠償金額的任何爭論點或問題(如法律責任已確立)，本條規則即告適用。

(2) 在第(1)款所適用的命令作出後，被任何一方尋求就法律責任作出裁斷所針對的一方，可

(並不損害其抗辯)向該一方作出書面提議，表示接受法律責任至某一指明的比例。

(3) 根據前款作出的提議，可在關於法律責任的爭論點已有裁定後(不可在有裁定前)使大法官

知悉。

5. 在有陪審團的情況下進行的審訊

(第33號命令第5條規則)

(1) 就任何訴訟及該宗訴訟中所出現的任何事實問題而言，第4(2)條規則的條文須受本條例第

33A條的條文規限，但根據該條要求在有陪審團的情況下進行審訊的申請，必須在審訊的地點及方式

根據第4條規則定出前提出(根據該條，提出該申請的時間由法院規則限定)。 (2008年第152號法律

公告)

(2) 上述第33A條賦予法官的權力，可由聆案官行使。 (1998年第25號第2條)

6. 在裁判委員協助下進行的審訊

(第33號命令第6條規則)

根據本條例第53條在裁判委員協助下就訟案或事宜進行的審訊，須以法庭指示的方式及按法庭

第 4A 章 - 《高等法院規則》 117

指示的條款進行。

7. 在初步爭論點有決定後撤銷訴訟等

(第33號命令第7條規則)

如法庭覺得就在一宗訟案或事宜中出現的任何問題或爭論點作出的決定(該問題或爭論點是與該

宗訟案或事宜分開審訊的)，在實質上對該宗訟案或事宜作出處置或令到該宗訟案或事宜無須進行審

訊，則可撤銷該宗訟案或事宜或在該宗訟案或事宜中作出其他公正的命令或判決。 (見附錄A表格

48)

命令： 34 藉令狀開展的訴訟的排期審訊 L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

1. 適用範圍及釋義(第34號命令第1條規則)

(1) 本命令適用於藉令狀開展的訴訟，凡本命令中提述訴訟之處，須據此解釋為提述如此開展

的訴訟。

2. 將訴訟排期的時限(第34號命令第2條規則)

(1) 除非法庭已根據第25號命令第1A(2)(b)或(3)(b)條規則，編定審訊日期或進行審訊的期

間，否則每一項在訴訟中作出的規定審訊須在大法官席前進行的命令，不論審訊須在有陪審團或無

陪審團的情況下進行，均須定出一段將該宗訴訟排期審訊的期限，而原告人須在該期限內將該宗訴

訟排期審訊。 (2008年第152號法律公告)

(2) 凡原告人不在根據第(1)款定出的期限內將該宗訴訟排期審訊，被告人可將該宗訴訟排期審

訊，或可以訴訟程序中無人作出行動為理由而向法庭申請撤銷該宗訴訟，而法庭在聆訊任何該等申

請時，可命令將該宗訴訟據此撤銷，或作出其認為公正的命令。

(3) 每一項在一宗訴訟中作出的命令，如規定審訊須在大法官席前進行(商業案件審訊表內或為

施行本款而可由根據第4條規則作出的指示指明的任何審訊表內的訴訟除外)，均須載有對審訊所需

時間的估計，並須在符合任何該等指示的規定下，指明該宗訴訟所會被編入的審訊表。

3. 在排期時遞交文件(第34號命令第3條規則)

(1) 為了將一宗須在大法官席前審訊的訴訟排期審訊，將該宗訴訟排期審訊的一方必須以郵遞

或其他方式，向司法常務官交付一份請求書，請求將該宗訴訟排期審訊；請求書須連同一叠文件交

付(供大法官使用)，而該叠文件是由以下文件各一份所組成的，即─

(a) 令狀，

(b) 狀書(包括任何被命令作為狀書的誓章)，任何請求提供詳情的請求書或命令提供詳情

的命令以及所提供的詳情，

(i) 依據按照第25號命令第1(1)(a)條規則填寫的問卷而作出的命令；

(ii)依據案件管理傳票而作出的命令；及

(iii) 在案件管理會議上或在審訊前的覆核中而作出的命令， (2008年第152號法

律公告)

(d) 必需的法律援助文件(如有的話)，及 (1995年第223號法律公告)

第 4A 章 - 《高等法院規則》 118

(e) 所有根據第38號命令第2A條規則的條文送達的證人陳述書。 (1995年第223號法律公

告)

(2) 該叠文件必須按正確日期先後編紮，但就任何狀書自願提供的詳情及第18號命令第12(7)條

規則所適用的詳情，須置於緊隨與其有關的狀書之處。

(3) 在本條規則中，“必需的法律援助文件”(the requisite legal aid documents) 指根據

《法律援助條例》(第91章)或根據該條例訂立的規例規定須送交登記處存檔的任何文件。 (1992年

第165號法律公告)

4. 關於各類審訊表的指示(第34號命令第4條規則)

本命令不損害終審法院首席法官就以下事宜作指示的任何權力─ (1998年第25號第2條)

(a) 指明訴訟，或屬於任何級別或類別的訴訟所會編入以排期審訊的各類審訊表，並就各

類審訊表的備存及發布作出規定；

(b) 規定須就任何已被排期審訊的訴訟而決定其審訊日期或決定該宗訴訟不得在某日期之

前進行審訊；及

規定須作出所需審訊時間的估計及提供任何其他有關資料以支持該申請。

8. 關於排期的通知(第34號命令第8條規則)

(1) 一宗訴訟的一方，如將該宗訴訟排期審訊，則必須在如此行事後24小時內，通知該宗訴訟

的其他各方他已如此行事。

(2) 任何登錄在任何審訊表的訴訟的各方，有責任將有關該訴訟正予和解或相當可能達成和

解，或影響估計所需審訊時間的所得資料，向備存該審訊表的人員提供，不得拖延，而如該宗訴訟

已予和解或撤回，則有責任將上述事實通知該人員，不得拖延，並採取所需步驟將紀錄撤回。

(3) 為履行第(2)款所施加的職責，原告人如按照第22號命令發出接受附帶條款付款或附帶條款

和解提議的通知書，則須同時向該款所述的人員遞交一份該通知書的文本。 (2008年第152號法律

公告)

9. 訴訟的中止等(第34號命令第9條規則)

(1) 凡在一宗訴訟已排期審訊後，該宗訴訟成為已中止，或該宗訴訟的任何一方的權益或法律

責任轉讓、傳轉或轉予另一人，則代表原告人或另一方進行該宗訴訟的律師，必須在察覺此事後，

在切實可行範圍內盡早證明該項中止或權益或法律責任的改變，並將證明書送交備存有關審訊表的

人員，而該人員則須安排在已排期審訊的訴訟的審訊表內作出適當的記項。

(2) 凡在任何該等審訊表內，一宗訴訟被標識為已中止或被命令作全面暫時延辦已有一年，則

該宗訴訟在該年屆滿時須自該審訊表剔除，但如在命令訴訟作全面暫時延辦的命令另有規定，則屬

例外。

命令： 35 審訊程序 L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

1. 雙方或其中一方沒有出庭(第35號命令第1條規則)

(1) 當一宗訴訟被傳審時，如雙方均沒有出庭，該宗訴訟可自有關審訊表剔除，但此舉不損害

第 4A 章 - 《高等法院規則》 119

將該宗訴訟在法官的指示下重新列入有關審訊表內。

(2) 當一宗訴訟被傳審時，如其中一方沒有出庭，法官可在該一方缺席的情況下進行該宗訴訟

或任何反申訴的審訊。

(1998年第25號第2條)

2. 在一方缺席的情況下作出判決等可予作廢

(第35號命令第2條規則)

(1) 任何判決、命令或裁決，如是在其中一方沒有在審訊時出庭的情況下作出，可由法庭應該

一方的申請，按法庭認為公正的條款而予以作廢。

(2) 根據本條規則提出的申請，必須在審訊後7天內提出。

3. 審訊的押後(第35號命令第3條規則)

法官如認為將審訊押後對於秉行公正屬於合宜，可將審訊押後至他認為適合的時間，在他認為

適合的地方並按他認為適合的條款(如有的話)進行。

(1998年第25號第2條)

3A. 審訊時的時間等限制

(第35號命令第3A條規則)

(1) 在審訊之前的任何時間，或在審訊進行期間的任何時間，法庭可藉指示—

(a) 限制訊問、盤問或覆問證人所用的時間；

(b) 限制一方可就某特定爭論點傳召的證人(包括專家證人)的數目；

(d) 限制一方陳述其案情所用的時間；

(e) 限制審訊所用的時間；

(f) 更改根據本條規則作出的指示。

(2) 法庭在決定是否作出任何上述指示時，除須顧及可能有關的任何其他事宜外，還須顧及下

述事宜—

(a) 審訊的限時必須合理；

(b) 任何該等指示，不得偏離每一方均有權獲得公平審訊的原則；

(d) 有關案件的複雜性或簡單程度；

(e) 各方所傳召證人的數目；

(f) 將予引導的證據的數量及性質；

(g) 法庭各類審訊表的狀況；

(h) 預計審訊所用的時間；及

(i) 有關爭論點及案件整體而言的重要性。

(2008年第152號法律公告)

7. 發言次序(第35號命令第7條規則)

(1) 審訊一宗訴訟的法官(不論是否在有陪審團的情況下)可就審訊時由何方先開始及發言次序

第 4A 章 - 《高等法院規則》 120

作出指示，而除任何該等指示另有規定外，先開始的一方及發言次序須以本條規則所規定者為準。

(1998年第25號第2條)

(2) 除第(6)款另有規定外，原告人須藉開展其案而先開始。

(3) 如被告人選擇不援引證據，則不論被告人有否在盤問原告人的證人過程中或以其他方式提

交文件，原告人亦可在為他而提供的證據提出後作第二次發言以結束其案，然後被告人須陳述其

案。

(4) 如被告人選擇援引證據，他可在為原告人而提供的證據提供後開展其案，並在為他而提供

的證據提出後作第二次發言以結束其案；在被告人的案結束時，原告人可發言作答。

(5) 凡2名或多於2名的被告人各自出庭或各自有律師代表─

(a) 如他們無人選擇援引證據，每一人均須按照其姓名或名稱在紀錄出現的次序而陳述其

案；

(b) 如他們每一人均選擇援引證據，則每一人均可按照前述次序開展其案，而為他們每一

人提供的證據亦須按照前述次序提供；他們每一人結束其本身的案的發言，須在為所

有被告人而提供的證據提供後按照該次序作出；

事的被告人，須在原告人就其他被告人發言作答後按照前述次序陳述其案。

(6) 凡訴訟中所有爭論點的舉證責任均在於被告人，或凡被告人有2名或多於2名並各自出庭或

各自有律師代表，而該舉證責任在於其中一名被告人，則被告人或該名被告人(視屬何情況而定)即

有權開展審訊。在該情況下，第(2)、(3)及(4)款對他及原告人適用，亦適用於他與原告人兩者之

間，猶如上述數款中提述原告人及被告人之處，均分別代以被告人及原告人一樣。

(7) 就原告人與任何被告人之間而言，如若非有本款的規定即有權作最終發言的一方，在該次

發言中提出任何新的法律論點或引用任何先前並未有引用的典據，則對方可再次發言作答，但該次

發言只可關於該法律論點或典據(視屬何情況而定)。

8. 由法官或陪審團進行的視察或檢查

(第35號命令第8條規則)

(1) 審訊任何訟案或事宜的法官，可視察任何與該宗訟案或事宜所出現的任何問題有關的地方

或檢查任何與之有關的東西。

(2) 凡一宗訟案或事宜是在有陪審團的情況下進行審訊，而法官根據第(1)款視察任何地方或檢

查任何東西，則法官可授權陪審團亦對該地方進行視察或對該東西進行檢查。

(1998年第25號第2條)

9. 判決作出前一方去世(第35號命令第9條規則)

凡任何訴訟的某一方在事實爭論點已有裁決或裁斷後但判決仍未作出前去世，則儘管該一方已

去世法庭仍可作出判決，但前述條文不得視為影響法官在作出判決前根據第15號命令第7(2)條規則

作出命令的權力。

(1998年第25號第2條)

10. 司法書記的證明書(第35號命令第10條規則)

在任何訴訟的審訊完結時，司法書記或出席審訊的其他人員須擬備一份證明書，證明─

(a) 審訊實際所佔時間，

第 4A 章 - 《高等法院規則》 121

(b) 法官根據第38號命令第5或6條規則作出的任何命令，

(d) 法官作出的判決，及

(e) 法官就訟費作出的任何命令。

(1998年第25號第2條)

11. 證物列表(第35號命令第11條規則)

(1) 司法書記或出席審訊的其他人員，須負責管理在一宗訴訟審訊期間提交作為證物的每份文

件或每件物件，並須將每一證物以字母(用以示明提交證物的一方或證明證物的證人)及數字標識或

標記，以便由某一方提交或由某證人證明的所有證物得以順序編號。

在本款中，證明一件證物的證人，包括該件證物是在其提供證據的過程中提交的證人。

(2) 司法書記或出席審訊的其他人員，須安排為該宗訴訟中的所有證物擬備一份列表，而任何

一方均可在繳付訂明的費用後，取得該份列表的正式文本。

(3) 證物列表一經完備，即組成該宗訴訟的紀錄的一部分。 (1994年第103號法律公告)

(4) 就本條規則而言，一叠文件可視作一件證物並作為一件證物計算。

12. 證物由司法常務官保留以待上訴

(第35號命令第12條規則)

(香港)(1) 除非法庭另有指示，否則司法常務官須將所有已妥為標識及標記的證物保留，加以保管

─

(a) 直至本規則所定的向上訴法庭提出上訴的時限或該段時限的獲容許延展期限屆滿為

止；然後

(b) 如有上訴向上訴法庭提出，則為直至該上訴獲得最終處置為止；然後

限或該段時限的獲容許延展的期限屆滿為止；然後

(d) 如上訴法庭或女皇陛下會同終審法院給予許可向女皇陛下會同終審法院提出上訴，則

為直至該上訴許可的任何條件並無履行或該上訴獲得最終處置為止。

(2) 除非法庭另有指示，否則根據第(1)款所定的保留證物時限一經屆滿，曾提交任何證物的訴

訟每一方及(凡有律師代表者)其記錄在案的律師，均有責任向司法常務官申請退回該等證物，並領

回該等證物。

(1998年第25號第2條)

13. 被扣管的文件(第35號命令第13條規則)

(1) 藉法庭命令而扣管的文件，除非是為遵從大法官應藉傳票提出的申請而作出的命令，否則

不得脫離法院的保管而交出：但如律政司司長就此作出書面請求，被如此扣管的文件須交付他保

管。 (1997年第362號法律公告；2008年第152號法律公告)

(2) 藉法庭命令而扣管的文件，在由法院保管的期間，不得予以查閱，但獲法官簽署命令授權

進行查閱的人不在此限。 (1998年第25號第2條)

命令： 36 在聆案官席前進行的審訊及由聆案官作出的查訊 25 of 1998 s. 2 01/07/1997

附註：

第 4A 章 - 《高等法院規則》 122

具追溯力的修訂─見1998年第25號第2條

1. 在聆案官席前進行的審訊及由聆案官作出的查訊

(第36號命令第1條規則)

(香港) 除由官方所進行的刑事法律程序外，在任何訟案或事宜中，法庭可在各方同意下，命

令該宗訟案或事宜或該宗訟案或事宜中所出現的任何事實問題或爭論點在聆案官席前進行審訊，或

命令聆案官就之進行查訊及作出報告，並作出相應的指示(如屬進行查訊及作出報告的情況)。

4. 聆案官的權力(第36號命令第4條規則)

(1) 除依據第1條規則作出的命令所載任何指示另有規定外─

(a) 為進行審訊或作出查訊(包括其中的任何非正審申請)，聆案官具有法官所具有的相同

司法管轄權、權力及職責(包括交付羈押的權力及關於訟費的酌情決定權)，而上述司

法管轄權、權力及職責，在情況許可下，須盡量在相類案件中，以相類方式及受相類

限制而予以行使或履行(視屬何情況而定)；及

(b) 在聆案官席前進行的每宗審訊及所有其他法律程序，在情況許可下須盡量以在法官席

前進行的相類法律程序的相類方式進行。

(2) 在不損害第(1)款的一般性的原則下，並除該款所述的任何指示另有規定外，有任何訟案或

事宜在其席前審訊的聆案官，就該宗訟案或事宜的一方針對任何其他人提出的與該宗訟案或事宜的

原來標的物有關或相關連的申索而言，具有法庭所具有的相類權力；而第15號命令第5(2)條規則及

第16號命令，在加以任何必要的變通後，即據此適用於任何該等申索。

(1998年第25號第2條)

9. 就轉交的事宜作出的報告

(第36號命令第9條規則)

(1) 一名聆案官依據根據第1條規則作出的轉交而作出的報告須向法庭作出；而關於該報告的通

知書須送達該宗轉交的事宜的各方。

(2) 該聆案官可在其報告中將其中所出現的任何問題呈交法庭決定，或可作出關於事實的特別

陳述，而法庭可從該陳述中作出其認為適合的推論。

(3) 法庭收到該聆案官的報告後，可─

(a) 全部或部分採納該報告；

(b) 更改該報告；

(d) 將原先轉交該聆案官的問題或爭論點的全部或任何部分發還該聆案官或任何其他聆案

官，以對之作進一步考慮；或

(e) 根據在該聆案官席前所錄取的證據，連同或不連同額外證據而就原先轉交該聆案官的

問題作出決定。

(4) 在該聆案官作出報告後，要求更改該報告或將原先轉交該聆案官的問題或爭論點的全部或

任何部分發還的申請，可在作出為期不少於4天的通知後在法庭為一步考慮有關訟案或事宜進行聆訊

時提出，而關於該報告的其他申請亦可在該次聆訊時提出，但無須就此作出通知。

第 4A 章 - 《高等法院規則》 123

命令： 37 損害賠償：在判決後進行評估及關於暫定損害賠償的命令 L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

詳列交互參照：

I. 在判決後評估損害賠償

1. 由聆案官評估損害賠償(第37號命令第1條規則)

(1) 凡判決有損害賠償並須予評估，但判決並無就損害賠償須如何評估作出規定，則除本命令

的條文另有規定外損害賠償須由聆案官評估，而有權因該判決得益的一方，可在向聆案官取得所需

預約時間後並在該預約時間的日期前7天或之前，向被判敗訴的一方送達關於預約時間的通知書而據

此進行損害賠償評估。

(香港)(1A) 一經作出有損害賠償並須予評估的判決，除非法庭另有指示，否則以下指示即自動生

效─ (1996年第383號法律公告)

(a) 須按照第24號命令第2條規則的規定在14天內作出文件透露，並按照第24號命令第9條

規則在其後7天內進行查閱；

(ab) 每一方須在6星期內，向其他各方送達第38號命令第2A條規則所指的該方擬就任何

將在審訊時決定的事實爭論點援引的口頭證據的書面陳述； (2008年第152號法律公

告)

(b)-(d) (由2008年第152號法律公告廢除)

(e) 相片、圖則及任何警方調查報告的內容，在聆訊時可收取為證據，而如可能的話，須

為各方所同意者；

(f) 任何法庭或審裁處的任何法律程序的紀錄，經該法庭或審裁處的書記或其他適當人員

核證為真實副本，在其交出時即可收取為證據；

(g) 在提出預約申請時，須通知聆案官進行評估的估計所需時間及可能影響評估的排期的

任何其他事宜。 (1990年第363號法律公告)

(2) 儘管第65號命令第9條規則已有規定，仍必須向被判敗訴的一方送達根據本條規則發出的通

知書。

(3) 可藉傳召出庭令狀，強迫證人在根據本命令進行的法律程序中出庭及在聆案官席前交出文

件，而第35號命令的條文，在加以必要的改動後，適用於該等法律程序，一如其適用於審訊進行時

的法律程序。

(香港)1A. 評估訟費作為損害賠償

(第37號命令第1A條規則)

凡依據本命令所適用的判決而須予評估的損害賠償僅由按彌償基準申索的訟費組成，則該項評

估須如同訟費評定般根據第62號命令進行，而該命令的條文須得適用，猶如按彌償基準進行訟費評

定的命令已經作出一樣。

(1991年第404號法律公告)

2. 損害賠償款額證明書(第37號命令第2條規則)

凡依據本命令或在其他情況由聆案官評估損害賠償，則聆案官須核證損害賠償的款額，而在登

第 4A 章 - 《高等法院規則》 124

錄判決時，有關證明書須送交登記處存檔。

3. 在欠缺抗辯書的情況下作出的裁判只針對部分

而非所有被告人(第37號命令第3條規則)

凡第1條規則所述的任何判決，是在沒有發出擬抗辯通知書或欠缺抗辯書的情況下作出，而有關

訴訟仍針對其他被告人進行，則除非法庭另有命令，否則根據該判決取得的損害賠償，須在審訊中

評估。

4. 命令在審訊中作出評估的權力

(第37號命令第4條規則)

(1) 凡判決有損害賠償並須予評估，法庭可─

(d) 命令就該等損害賠償而言有關訴訟須在法官席前(不論是否在有陪審團的情況下)進行

審訊。 (1998年第25號第2條)

(3) 凡法庭命令有關訴訟須進行審訊，第25號命令第2至7條規則，在略去第7(1)條規則中規定

各方須將一份指明其所意欲取得的命令及指示的通知書送達的字句並加以任何其他必要的變通後，

須得適用，猶如法庭據以作出命令的申請是根據第25號命令發出的案件管理傳票一樣。 (2008年第

152號法律公告)

5. 價值的評估(第37號命令第5條規則)

本命令的前述條文適用於貨物價值有待評估的判決，而不論是否連同須予評估的損害賠償，一

如其適用於判損害賠償須予評估的判決，而該等條文中提述損害賠償的評估之處，須據此解釋。

6. 損害賠償的評估須計算至進行評估之時

(第37號命令第6條規則)

凡損害賠償須就任何持續的訴訟因由而予評估(不論是根據本命令或其他條文)，則須計算至進

行評估之時。

II. 就人身傷害作出暫定損害賠償的命令

7. 適用範圍及釋義(第37號命令第7條規則)

(1) 本命令本部適用於本條例第56A條(在本命令本部中稱為“第56A條”)所適用的訴訟。

(2) 在本命令本部中，“暫定損害賠償裁決”(award of provisional damages) 指就人身傷害

作出的損害賠償裁決，而根據該裁決─

(a) 損害賠償是基於傷者不會罹患第56A條所提述的疾病或出現第56A條所提述的惡化情況

的假設而評估的；及

(b) 傷者如罹患該疾病或出現該惡化情況便有權在將來的日期申請進一步損害賠償。

8. 關於暫定損害賠償的命令

(第37號命令第8條規則)

第 4A 章 - 《高等法院規則》 125

(1) 如─

(a) 原告人已就暫定損害賠償的申索而作訴，及

(b) 法庭信納有關訴訟是第56A條所適用者，

法庭可在符合本條規則的規定下，作出暫定損害賠償裁決，並施加其認為公正的條款。

(2) 暫定損害賠償裁決的命令，須指明可在將來的日期就之而提出申請的疾病或惡化情況，並

除法庭另有決定外，亦須指明可提出該申請的期限。

(3) 法庭如認為如此行事屬於公正，可應原告人在第(2)款所指明的期限(如有的話)內提出的申

請，藉命令延展該期限，而原告人則可提出多於一次的申請。

(4) 暫定損害賠償裁決的命令，可就多於一種疾病或多於一種惡化情況作出，並可就每一種疾

病或每一種惡化情況指明可在將來的日期提出申請的不同期限。

(5) 第13及19號命令不適用於有原告人申索暫定損害賠償的訴訟。

9. 願服從裁決的提議(第37號命令第9條規則)

(1) 凡有暫定損害賠償裁決的申請提出，任何被告人可在任何時間(不論他是否向法院繳存款

項)，向原告人作出書面提議─

(a) 提供某一筆款額的款項(可包括款額有待指明的關於利息的款項)，以了結原告人所申

索的損害賠償，而該款額是基於傷者不會罹患第56A條所提述的疾病或出現第56A條所

提述的惡化情況的假設而評估的，並須指出有關的疾病或惡化情況為何；及 (1991年

第404號法律公告)

(b) 同意作出暫定損害賠償裁決。

(2) 根據第(1)款作出的任何提議，不得為法庭所知悉，直至法庭就要求作出暫定損害賠償裁決

的申索作出裁定為止。

(3) 凡有提議根據第(1)款作出，原告人可在該提議作出後28天內，向被告人發出關於他接納該

提議的書面通知，並須在接納該提議時，向法庭申請按照第8(2)條規則的條文作出命令。 (2008年

第152號法律公告)

10. 要求作出進一步損害賠償裁決的申請

(第37號命令第10條規則)

(1) 凡原告人依據一項暫定損害賠償裁決申索進一步損害賠償，本條規則即告適用。

(2) 在根據第8(2)條規則所指明的期限(如有的話)或根據第8(3)條規則予以延展的期限屆滿

後，不得提出進一步損害賠償的申請。

(3) 原告人須向告人發出關於其擬申請進一步損害賠償的意向的書面通知，通知期不得少於3個

月，如原告人知道被告人已就原告人所提出的申索投保，則亦須向保險人發出該書面通知。

(4) 原告人必須在第(3)款所提述的通知期限屆滿後21天內，就有關訴訟的將來進行事宜，取得

案件管理傳票。 (2008年第152號法律公告)

(5) 在裁定案件管理傳票時，法庭須就有關訴訟的將來進行事宜作出適當的指示，該等指示包

括關於醫學報告的披露的指示，以及關於聆訊進一步損害賠償申請的地點，方式及日期的指示，但

並非以此等指示為限。 (2008年第152號法律公告)

(6) 就暫定損害賠償裁決的命令所指明的每一種疾病或每一種惡化情況，只可提出一項進一步

損害賠償申請。

(7) 凡申請是根據本條規則提出的，第29號命令關於作出中期付款的條文，在加以必要的變通

第 4A 章 - 《高等法院規則》 126

後適用。

(8) 法庭可在進一步損害賠償裁決中，包括按進一步損害賠償的全部或任何部分計算的單利，

利率按其認為適合者而定，並按原告人就其擬申請進一步損害賠償的意向發出通知的日期至裁決作

出的日期間的全部或任何部分期間計算。

命令： 38 證據 L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

I. 一般規則

1. 一般規則：證人須予口頭訊問

(第38號命令第1條規則)

除本規則及《證據條例》(第8章)的條文及與證據有關的任何其他成文法律另有規定外，任何規

定須在審訊任何藉令狀開展的訴訟時以證人證據證明的事，須在公開法庭藉訊問證人而予以證明。

2. 藉誓章提供證據(第38號命令第2條規則)

(1) 法庭如認為鑑於案件的情況如此命令屬於合理，可在審訊任何藉令狀開展的訴訟之時或之

前，命令任何證人的誓章可在審訊時宣讀。

(2) 根據第(1)款作出的命令，可按法庭認為適合的關於誓章的送交存檔、誓章文本的提供及交

出宣誓人以接受盤問的條款而作出。但除任何該等條款及後來的法庭命令另有規定外，宣誓人無須

接受盤問，亦無須為接受盤問而出席審訊。

(3) 在任何藉原訴傳票、原訴動議或呈請書開展的訟案或事宜中，並在有藉傳票或動議提出的

申請提出時，證據可藉誓章而提供，但如在任何該等訟案、事宜或申請中，本規則的任何條文另有

規定或法庭另有指示，則屬例外；然而法庭可應任何一方的申請，命令作出任何該等誓章的人出庭

接受盤問；凡在該命令作出後，有關的人沒有出庭，則如無法庭許可，該人的誓章不得用作證據。

2A. 證人陳述書的交換(第38號命令第2A條規則)

(1) 法庭根據本條規則具有的權力，須為公平迅速處置在其席前的訟案或事宜及節省訟費而行

使，但須顧及有關案件的所有情況，包括(但並不限於)─

(a) 事實有所爭議或已獲接納的程度；

(b) 事實爭論點為狀書所界定的程度；

程度。

(2) 在藉令狀展開的訴訟中裁定案件管理傳票時，法庭須指示每一方在法庭所指明的期限內，

按法庭所指示的條款，向其他各方送達該一方擬就任何將在審訊時決定的事實爭論點援引的口頭證

據的書面陳述。 (2008年第152號法律公告)

法庭可根據本款，在該宗訴訟的任何其他階段及任何其他訟案或事宜的任何階段，向任何一方

作出指示。

第3號命令第5(3)條規則不適用於法庭根據本款指明的任何期限。

(3) 根據第(2)或(17)款作出的指示，可就不同事實爭論點或不同證人作出不同規定。

(4) 根據本條規則送達的陳述書─

(a) 須註明日期，並除非有好的理由(應由陳述書所附同的信件指明)，否則須由擬作為證

第 4A 章 - 《高等法院規則》 127

人的人簽署；陳述書亦必須按照第41A號命令，以屬實申述核實； (2008年第152號法

律公告)

(b) 須足以識別其中所提述的任何文件；及

(5) 凡某一方未能從擬作為證人的人取得一份符合第(4)(a)款的書面陳述，法庭可指示意欲援

引該名證人的證據的一方，向另一方提供該名證人的姓名以及(除非法庭另有命令)一項關於擬援引

的證據的性質的陳述。

(6) 除第(9)款另有規定外，凡根據本條規則送達一份陳述書的一方並不傳召該份陳述書所關乎

的證據的證人，則任何其他各方不得在審訊時提出該份陳述書作為證據。

(7) 除第(9)款另有規定外，凡送達該份陳述書的一方在審訊時傳召該名證人─

(a) 除非審訊是在有陪審團的情況下進行，否則法庭可指示該份已送達的陳述書或其部分

須作為該名證人的主問證據或該證據的一部分而使用，法庭並可施加其認為適合的條

款；

(b) 該名證人可在法庭許可下—

(i) 闡釋他的證人陳述書；及

(ii)就在該證人陳述書送達另一方後出現的新的事宜，提供證據； (2008年第152號

法律公告)

可在盤問該名證人時提出該份陳述書或其任何部分。

(7A) 法庭僅可在認為有良好理由容許有關證人的證據不限於他的證人陳述書所載的內容的情況

下，根據第(7)(b)款批予許可。 (2008年第152號法律公告)

(8) 本條規則不會令本屬不可接納的證據成為可接納的證據。

(9) 凡已送達的任何陳述書屬《證據條例》(第8章)所適用者，則除該條例及本命令的第III及

IV部的條文另有規定外，第(6)及(7)款具有效力。

除非送達證人陳述書的一方明文述明根據本條規則送達的證人陳述書須視作為根據該條例發出

的通知書，否則該份證人陳述書不得視作為根據該條例發出的通知書，而凡一份陳述書或其任何部

分，只憑藉該條例而可被接納為證據，則即使本命令第III或IV部的任何條文對送達根據該兩部發出

的適當通知書的時限已有規定，該通知書仍須與該份陳述書一併送達。 (2008年第152號法律公告)

(10) 凡某一方沒有遵從關於交換證人陳述書的指示，該一方即無權未經法庭許可而援引該

指示所關乎的證據。

(11) 凡某一方根據本條規則在某些法律程序中送達一份證人陳述書，則其他人不得將該份

證人陳述書作進行該等法律程序以外的用途─

(a) 除非送達該份證人陳述書的一方給予書面同意或法庭給予許可，並以同意或許可的範

圍為限；或

(b) 除非該份證人陳述書已被提出作為證據(不論是否依據根據第(7)(a)款作出的指示)，

並以提出作為證據的範圍為限。

(12) 除第(13)款另有規定外，如任何人在審訊過程中有此請求，法官須指示書記主任將任

何已根據第(7)(a)款被命令作為主問證據而使用的證人陳述書核證為可予公開查閱者。 (1998年第

25號第2條)

根據本款作出的請求，可以口頭方式或書面作出。

(13) 法官如認為基於以下原因，證人陳述書不應供人查閱，可拒絕根據第(12)款就證人陳

述書作出指示，或可將陳述書的任何詞句或段落摒除於該指示之外─ (1998年第25號第2條)

(a) 基於公正或國家安全；

(b) 基於陳述書中的任何專家醫學證據的性質；或

第 4A 章 - 《高等法院規則》 128

(14) 凡書記主任根據第(12)款被指示將一份證人陳述書核證為可予公開查閱，他須─

(a) 擬備一份證明書，而該份證明書須附於該份證人陳述書的一份文本(“核證本”)；及

(b) 令該核證本可供查閱。

(15) 由該份證明書發出時起計至有關審訊完結後7天結束時，在法庭可藉特別或一般指示而

施加的任何條件的規限下，任何人均可查閱一份證人陳述書的核證本，並可在繳付訂明的費用後，

將之複製副本。

(16) 在本條規則中─

(a) 第(12)至(15)款中凡提述證人陳述書之處，就一份只有某部分根據第(7)(a)款被命令

作為主問證據而使用的證人陳述書而言，須解釋為提述該部分；

(b) 凡提述查閱一份證人陳述書的核證本或將該核證本複製副本之處，須解釋為包括提述

查閱該核證本的副本或將該副本複製副本。

(17) 法庭具有權力更改或否定本條規則的任何條文(第(1)、(8)及(12)至(16)款除外)，並

作出其認為適合的替代指示。

(1995年第223號法律公告)

3. 關於特定事實的證據(第38號命令第3條規則)

(1) 在不損害第2條規則的原則下，法庭可在任何訴訟審訊之時或之前，命令關於任何特定事實

的證據，須在審訊時按命令所指明的方式提供。

(2) 第(1)款所賦予的權力，適用範圍特別擴及於命令關於任何特定事實的證據可在審訊時─

(a) 藉經宣誓作出的關於資料或所信之事的陳述而提供，或

(b) 藉交出文件或簿冊上的記項而提供，或

(d) 如某項事實是普遍地或在某特定地區廣為人知的，則為藉交出一份載有關於該項事實

的陳述的指明報章而提供。

4. 對專家證據的限制(第38號命令第4條規則)

法庭可在任何訴訟審訊之時或之前，命令在審訊時傳召的醫學或其他方面的專家證人的數目，

須限於命令所指明的數目。

4A. 由單一共聘專家提供證據

(第38號命令第4A條規則)

(1) 在任何訴訟中如出現需要專家證人作證的問題，法庭可在該宗訴訟的審訊之時或之前，命

令該宗訴訟的2方或多於2方委任一名單一共聘專家證人，以就該問題提供證據。

(2) 凡各方不能就誰人應擔任共聘專家證人達成協議，法庭可—

(a) 從由各方擬備或辨識的名單中，選出有關專家證人；或

(b) 指示以法庭指示的方式，選出該名專家證人。

(3) 法庭凡根據第(1)款作出命令，可就委任共聘專家證人的條款及條件，作出它認為適合的指

示，包括(但不限於)向專家證人作出的延聘指示的範圍，以及專家證人的費用及開支的支付。

(4) 即使有關訴訟一方不同意委任單一共聘專家證人提供證據，法庭如在考慮有關案件的整體

情況後，信納為秉行公正適宜根據第(1)款作出命令，則可在不抵觸第(6)款的條文下，作出該命

第 4A 章 - 《高等法院規則》 129

令。

(5) 法庭可考慮的情況包括(但不限於)—

(a) 需要專家證據的爭論點可否輕易預先辨識；

(b) 該等爭論點的性質，以及對有關專家證據的爭議所相當可能達到的程度；

的爭論點的重要性；

(d) 任何一方是否已就延聘可被要求在有關案件中以專家證人身分提供證據的專家而招致

費用；及

(e) 是否相當可能會就下述事宜出現任何重大困難—

(i) 選擇共聘專家證人；

(ii)擬備延聘他的指示；或

(iii) 向他提供執行其職責所需的資料及其他方便。

(6) 凡有關訴訟一方不同意委任單一共聘專家證人提供證據，除非該方已獲給予合理機會在法

庭席前出庭並提出不應根據第(1)款作出命令的因由，否則法庭不得作出該命令。

(7) 法庭如信納根據第(1)款作出的命令並不適當，可將該命令作廢，並容許有關各方委任本身

的專家證人提供證據。

(2008年第152號法律公告)

5. 對可收取為證據的圖則等的限制

(第38號命令第5條規則)

任何圖則、照片或模型，除非各方(交出該等圖則、照片或模型的一方除外)在審訊展開前10天

或之前已獲機會對其加以檢查，並同意其被接納為證據而無須再加證明，否則在一宗訴訟審訊時不

得收取為證據，但如在審訊之時或之前，法庭基於特別理由而另有命令，則屬例外。

6. 撤銷或更改根據第2至5條規則作出的命令

(第38號命令第6條規則)

在有充分因由提出時，任何根據第2至5條規則作出的命令(包括應上訴而作出的命令)，可藉法

庭後來在審訊之時或之前作出的命令而撤銷或更改。

7. 關於就外國法律作出的裁斷的證據

(第38號命令第7條規則)

(1) 任何訴訟或事宜的一方，如擬憑藉《證據條例》(第8章)第59條援引就外國法律問題作出的

裁斷或決定為證據─

(a) 如屬第25號命令第1條規則適用的訴訟，須在該宗訴訟的狀書提交期被當作結束後28天

內提出申請，及 (2008年第152號法律公告)

(b) 如屬任何其他訟案或事宜，須在取得該宗訟案或事宜的首次聆訊的預約時間的日期之

後21天內提出申請，

或在上述其中一種情況下，須在法庭所指明的其他期限內，向法律程序的其他每一方送達關於其意

向的通知書。

(2) 該通知書須指明裁斷或決定所就之而作出的問題，並須以可引述的形式指明報導或記錄該

問題的文件。

第 4A 章 - 《高等法院規則》 130

(3) 在任何可藉誓章提供證據的訟案或事宜中，一份指明第(2)款所載事宜的誓章，如在該款所

述的期限內送達，即構成根據第(1)款送達的通知書。

8. 對爭論點的審訊、轉交的事宜等的適用

(第38號命令第8條規則)

本命令的前述規則，適用於事實或法律方面的爭論點或問題的審訊、轉交的事宜、查訊及損害

賠償的評估，一如其適用於訴訟的審訊。

9. 書面供詞：何時可在審訊時收取為證據

(第38號命令第9條規則)

(1) 除非符合以下情況，否則在任何訟案或事宜中錄取的書面供詞，不得在該宗訟案或事宜審

訊時收取為證據─

(a) 書面供詞是依據根據第39號命令第1條規則作出的命令而錄取的，及

(b) 所提出的證據所針對的一方同意，或有證明使法庭信納作供詞人已去世，或在法院的

司法管轄權範圍以外，或因疾病或其他衰弱情況而不能出席審訊。

(2) 擬在一宗訟案或事宜審訊時使用任何書面供詞作為證據的一方，必須在審訊前的一段合理

時間內，向另一方發出關於他擬如此行事的通知書。

(3) 一份書面供詞，如看來是由書面供詞在其席前錄取的人簽署的，即無須證明有關簽署是該

人的簽署而可收取為證據。

10. 高等法院的文件可接納或收取為證據

(第38號命令第10條規則)

(1) 送交高等法院存檔的令狀、紀錄、狀書及文件的正式文本，在任何訟案或事宜中並在所有

各方之間可接納為證據，其程度與正本的可接納程度一樣。

(2) 在不損害任何成文法則的條文的原則下，每份看來已蓋有高等法院的任何辦事處或部門的

印章的文件，均可收取為證據，無須再加證明；而任何文件，如看來是經如此蓋章，並看來是經向

該辦事處或部門送交存檔或由該辦事處或部門發出的文件的文本，則除非有相反證明，否則須當作

為該文件的正式文本，無須再加證明。

(1998年第25號第2條)

11. 關於新受託人同意作為受託人的證據

(第38號命令第11條規則)

一份看來是載有某人書面同意作為受託人並載有該人簽名(經另一人核實)的文件，即為該項同

意的證據。

12. 審訊時錄取的證據可在後來的法律程序中使用

(第38號命令第12條規則)

在任何訟案或事宜審訊時錄取的任何證據，可在該宗訟案或事宜中的任何後來的法律程序中使

用。

第 4A 章 - 《高等法院規則》 131

13. 在審訊以外的法律程序中交出文件的命令

(第38號命令第13條規則)

(1) 在一宗訟案或事宜的任何階段，法庭可命令任何人出席該宗訟案或事宜的任何法律程序並

交出命令所指明或描述的任何文件，而交出該文件是法庭覺得就該項法律程序而言是有必要的。

(2) 不得藉根據第(1)款作出的命令而強迫任何人在一宗訟案或事宜的法律程序中，交出任何不

能在該宗訟案或事宜審訊時強迫他交出的文件。

II. 傳召出庭令狀

14. 傳召出庭令狀的格式及發出

(第38號命令第14條規則)

(1) 傳召出庭令狀必須採用附錄A表格28或29的格式(以適用者為準)。

(2) 傳召出庭令狀一經法院的人員蓋章即屬發出。

(3) 凡在法院的一宗訟案或事宜中須發出傳召出庭令狀，發出該令狀的適當辦事處為登記處。

(香港)(5) 在發出傳召出庭令狀前，必須將關於發出該令狀的便箋送交登記處存檔，該便箋須連同

法官或聆案官授權發出該令狀的短簡送交存檔；除任何須就發出該令狀而繳付的費用外，亦須在登

記處存放$500，作為就證人的合理開支而存放的款項；該便箋必須載有發出該令狀的一方的姓名或

名稱及地址(如該一方是親自行事)，或該一方的律師的姓名或事務所以及營業地址，並如該律師是

另一律師的代理人，則亦須載有其委託人的姓名或事務所以及營業地址。 (1998年第25號第2條)

(香港)(6) 在任何法律程序中，不論是在內庭或法庭，法庭可命令任何一方或多於一方，向已獲送

達傳召出庭令狀的證人，償付該證人所合理及恰當招致的任何開支。

(香港)(7) 被法庭如此命令須予支付的開支，須由作出該命令的法庭評估，或如法庭並無作出該項

評估，則須予以評定(如未能達成協議)並由被命令作出該筆付款的一方支付。

(香港)(8) 如一名證人的開支已被命令須予支付，而被命令作出該筆付款的一方，是在傳召出庭令

狀發出時存放款項的一方，則該名證人可在已有評估、協議或評定後，從上述存款討回該等開支，

並可求取有法律責任作出該筆付款的一方支付餘款(如有的話)。

(香港)(9) 如有以下情況，上述存款(或根據第14(8)條規則付款給證人後所餘的部分)須退回作出上

述存款的一方─

(a) 該一方並無被命令支付證人的費用；或

(b) 該一方被命令支付證人的費用，並在評估、協議或評定後已完成支付該等費用。

15. 一份傳召出庭令狀中可包括多於一個姓名或名稱

(第38號命令第15條規則)

一份着令出庭作證的傳召出庭令狀可包括兩人或多於兩人的姓名或名稱。

16. 傳召出庭令狀的修訂(第38號命令第16條規則)

凡在任何傳召出庭令狀之上某人的姓名或名稱或地址出現錯誤，如該令狀尚未送達，則發出該

令狀的一方可將該令以正確形式重新蓋章，方式是根據第14(5)條規則將第二份註有“Amended and

re-sealed”字樣的便箋送交存檔。

第 4A 章 - 《高等法院規則》 132

17. 送達傳召出庭令狀(第38號命令第17條規則)

傳召出庭令狀必須面交送達；除第19條規則另有規定外，除非送達是在發出該令狀的日期後12

星期內，並在規定須在法庭席前出席之日前4天或之前或法庭所定的其他期限之前完成，否則送達不

得生效。

18. 傳召出庭令狀的有效期(第38號命令第18條規則)

除第19條規則另有規定外，傳召出庭令狀持續有效，直至規定有關證人須出席的審訊完結為

止。

19. 發出傳召出庭令狀以協助下級法庭或審裁處

(第38號命令第19條規則)

(1) 可發出著令出庭作證的傳召出庭令狀或著令攜帶文件出庭的傳召出庭令狀以協助某下級法

庭或審裁處的法院辦事處為登記處，而發出該令狀是無須法庭作出命令的。

(2) 協助某下級法庭或審裁處的傳召出庭令狀持續有效，直至規定有關證人須在該法庭或審裁

處席前出席的法律程序獲得處置為止。

(3) 為協助某下級法庭或審裁處而發出的傳召出庭令狀，必須面交送達。

(4) 除非為協助某下級法庭或審裁處而發出的傳召出庭令狀，是在該令狀規定其所致送的人須

在該法庭或審裁處席前出席之日前4天或之前或法庭所定的其他期限之前妥為送達該人，否則不可因

該人沒有服從該令狀而對該人施加任何處罰或針對該人進行任何法律程序。

(5) 要求將為協助下級法庭或審裁處而發出的傳召出庭令狀作廢的申請，可由聆案官聆訊。

III. 傳聞證據

20. 適用範圍及釋義(第38號命令第20條規則)

(1) 在本命令本部中，“條例”(the Ordinance) 指《證據條例》(第8章)，而在本部及條例第

IV部中所用的任何詞句在本部中所具有的涵義，與它們在該第IV部所具有的涵義相同。

(2) 本命令本部，適用於在訟案或事宜中所出現的爭論點或問題的審訊或聆訊，亦適用於轉交

的事宜、查訊及損害賠償的評估，一如其適用於訟案或事宜的審訊或聆訊。

(3) 在本部中─

“傳聞證據”(hearsay evidence) 指由條例第46條所指的傳聞組成的證據。

(1999年第2號第6條)

21. 就傳聞證據傳召證人接受盤問及提出其他

證據以打擊或支持傳聞證據的權力

(第38號命令第21條規則)

(1) 凡一方提交某人作出的陳述作為傳聞證據，但並不擬傳召作出該陳述的人提供證據，則法

庭可應申請─

(a) 容許另一方傳召作出該陳述的人，並就其內容盤問該人；

第 4A 章 - 《高等法院規則》 133

(b) 容許任何一方提出─

(i) 打擊或支持該陳述的可靠性的其他證據；

(ii)打擊或支持第(i)款所述的證據的其他證據。

(2) 如法庭容許另一方傳召和盤問作出陳述的人，法庭可作出其認為適合的指示，確保該人出

庭及法庭程序獲得遵行。

(1999年第2號第6條)

22. 可在內庭行使的權力(第38號命令第22條規則)

法庭根據第20及21條規則具有的司法管轄權，可在內庭行使。

(1999年第2號第6條)

23.-34. (由1999年第2號第6條廢除)

IV. 專家證據

35. 釋義(第38號命令第35條規則)

(1) 本命令本部中所使用的詞句，如亦在《證據條例》(第8章)中使用，則該等詞句在本命令本

部中的涵義，與該等詞句在該條例中的涵義相同。 (2008年第152號法律公告)

(2) 本部或附錄D中凡提述專家證人之處，即提述獲延聘為在法庭進行的法律程序的目的而提供

或準備證據的專家。 (2008年第152號法律公告)

35A. 專家證人對法庭負有凌駕性的責任

(第38號命令第35A條規則)

(1) 專家證人有責任就其專長範圍內的事宜，協助法庭。

(2) 第(1)款所指的責任，凌駕於專家證人對延聘他或付費給他的人的任何義務。

(2008年第152號法律公告)

36. 對援引專家證據的限制(第38號命令第36條規則)

(1) 除非經法庭許可或所有各方均同意，否則不得在任何訟案或事宜審訊或聆訊時援引專家證

據，但如尋求援引專家證據的一方─

(a) 已向法庭申請裁定應否根據第37或41條規則(以適用者為準)作出指示，並已遵從就該

申請作出的任何指示， (2008年第152號法律公告)

(b)-(c) (由2008年第152號法律公告廢除)

則屬例外。

(2) 第(1)款不適用於獲准藉誓章提供的證據，亦不影響根據本規則任何其他條文(第45號命令

第5條規則除外)對根據本命令本部作出的指示作強制執行。

(1990年第363號法律公告)

37. 專家報告須予披露的指示(第38號命令第37條規則)

第 4A 章 - 《高等法院規則》 134

(1) 除第(2)款另有規定外，凡在任何訟案或事宜中，有申請根據第36(1)條規則就專家的口頭

證據提出，則除非法庭認為有特別理由不如此行事，否則須指示專家口頭證據的內容須以書面報告

形式，在法庭指明的期間內向法庭指明的其他各方披露。(1991年第404號法律公告)

(2) 如一方建議在審訊時只倚據依據第18號命令第12(1A)或(1B)條規則提供的報告，則第(1)款

並不規定該一方須披露進一步的醫學報告；但如就人身傷害提出損害賠償的申索的一方披露一份進

一步的報告，則該份報告須附同一份關於所申索的專項損害賠償的陳述書，而在本款中，“關於所

申索的專項損害賠償的陳述書”(a statement of the special damages claimed) 的涵義，與第18

號命令第12(1C)條規則中該詞的涵義相同。 (1991年第404號法律公告)

37A.專家報告須以屬實申述核實

(第38號命令第37A條規則)

根據本規則披露的專家報告，必須按照第41A號命令，以屬實申述核實。

(2008年第152號法律公告)

37B. 向專家證人提供行為守則的文本的責任

(第38號命令第37B條規則)

(1) 延聘專家證人的一方須在切實可行範圍內，盡快向專家證人提供附錄D列出的行為守則的文

本一份。

(2) 凡法庭根據第4A(1)條規則命令2方或多於2方須委任一名單一共聘專家證人，第(1)款適用

於上述每一方。

(3) 如延聘指示是以書面作出的，則該延聘必須附同附錄D 列出的行為守則的文本一份。

(2008年第152號法律公告)

37C. 專家證人對法庭的責任的聲明

(第38號命令第37C條規則)

(1) 除非根據本規則披露的專家報告載有專家證人所作的下述聲明，否則該報告不得被接納為

證據—

(a) 他已閱讀附錄D列出的行為守則，並同意受其約束；

(b) 他明白他對法庭所負的責任；及

(2) 除非有關的專家證人已以口頭、書面或其他形式作出下述聲明，否則其口頭形式的專家證

據不得被接納—

(a) 他已閱讀附錄D列出的行為守則，並同意受其約束；

(b) 他明白他對法庭所負的責任；及

(3) 第(1)款不適用於在本條規則生效*前根據第37條規則披露的報告。

(2008年第152號法律公告)

38. 專家會議(第38號命令第38條規則)

在任何訟案或事宜中，法庭如認為適合，可指示法庭所指明的專家，在法庭所指明的在他們披

第 4A 章 - 《高等法院規則》 135

露其報告之前或之後的期間內，舉行“無損權利”的會議，以識別他們的證據中有爭論的部分。凡

有此會議舉行，有關專家可擬備一份聯合陳述書，述明他們的證據中他們彼此同意的部分以及他們

未能同意的部分。

39. 專家證據的部分披露(第38號命令第39條規則)

凡法庭認為有任何情況，使其不宜根據第37條規則作出指示，但該等情況僅關乎所尋求援引的

證據的某部分，則法庭如認為適合，可指示披露該證據的其餘部分。

41. 載於陳述書的專家證據(第38號命令第41條規則)

凡有申請根據第36條規則就載於一份陳述書的專家證據提出，而申請人指稱作出該份陳述書的

人不能或不應被傳召為證人，則法庭可指示第20至22條規則(首尾兩條包括在內)的條文，在加以法

庭認為適合的變通後，須得適用。

(2008年第152號法律公告)

42. 提出另一方所披露的專家報告作為證據

(第38號命令第42條規則)

任何訟案或事宜的一方，可提出任何另一方按照本命令本部向他披露的任何專家報告作為證

據。

43. 提出專家報告作為證據的時間

(第38號命令第43條規則)

凡任何訟案或事宜的一方，傳召已根據本規則披露的專家報告的擬備人為證人，該份報告可在

對其擬備人展開主問時或在法庭指示的其他時間，提出作為證據。

(2008年第152號法律公告)

44. 指示的撤銷及更改(第38號命令第44條規則)

根據本命令本部作出的任何指示，在有充分因由提出時，可藉後來在有關訟案或事宜審訊之時

或之前作出的指示而撤銷或更改。

__________________________________________________________________________

註：

* 生效日期：2009年4月2日。

命令： 39 藉書面供詞提供證據：法院訊問員 L.N. 362 of 1997; 25 of 1998

01/07/1997

附註：

具追溯力的適應化修訂─見1998年第25號第2條

1. 命令錄取書面供詞的權力

第 4A 章 - 《高等法院規則》 136

(第39號命令第1條規則)

(1) 如在任何訟案或事宜中法庭覺得為秉行公正而有必要，法庭可作出命令(採用附錄A表格32

的格式)，命令在任何地方，在法官、法院人員或訊問員或其他人席前對任何人進行經宣誓的訊問。

(亦見附錄A表格31) (1998年第25號第2條)

(2) 根據第(1)款作出的命令，可按法庭認為適合的條款(特別包括關於在訊問進行前作出文件

透露的條款)作出，並可載有一項命令交出法庭覺得為進行訊問而有必要交出的文件的命令。

2. 須接受訊問的人在本司法管轄權範圍外的情況

(第39號命令第2條規則)

(1) 凡要求根據第1條規則就其作出命令的人是在本司法管轄權範圍外，則可提出以下申請─

(a) 申請根據該條規則作出一項命令(採用附錄A表格34的格式)，命令向該人所在國家的司

法機構發出請求錄取或安排錄取該人的證據的請求書，或 (亦見附錄A表格33)

(b) 如該國家的政府容許在該國家的人在法院所委任的人席前接受訊問，申請根據該條規

則作出一項命令(採用附錄A表格37的格式)，委任一名特別訊問員在該國家錄取該人的

證據。 (亦見附錄A表格36)

(2) 對於將在某國家錄取的證據，在下列情況下，可申請委任在該國家的一名英國領事或其副

手為特別訊問員─

(a) 如就該國家而言，已有一份民事訴訟程序公約存續，以對在該國家向任何人錄取證據

以協助在法院的法律程序作出規定，或

(b) 經政務司司長同意。 (1997年第362號法律公告)

3. 關於發出請求書的命令(第39號命令第3條規則)

(1) 凡有命令根據第1條規則作出，命令向某國家的司法機構發出請求錄取或安排錄取在該國家

的任何人的證據的請求書，本條規則的以下條文須得適用。

(2) 取得該命令的一方必須擬備該請求書並將其遞交登記處；該請求書必須採用附錄A表格35的

格式，但可按該命令所需作出改動。

(3) 如須接受訊問的人的證據會以書面問題的方式取得，則必須隨同該請求書遞交一份載有會

在訊問時向該人提出的質詢及交相質詢的文本。

(4) 每份根據第(2)或(3)款遞交的文件，必須附同進行訊問所在的國家的法定語文譯本，或如

該國家有超過一種法定語文，則譯本可用該等語文中任何一種在該國家進行訊問所在地點適用的語

文譯成，但屬以下情況者除外─

(a) 司法常務官已就該國家作出不需提供譯本的一般指示，或

(b) 該國家的法定語文或其中一種法定語文為英語。

(5) 每份根據第(4)款遞交的譯本，必須由擬備該份譯本的人核證為正確譯本；核證書並必須載

有一項關於該人的全名、住址及以何種資格擬備該份譯本的陳述。

(6) 取得該命令的一方，在將第(2)至(5)款所述的文件遞交登記處時，亦必須將他或其律師所

簽署的承諾書送交登記處存檔，承諾會個人負責支付政務司司長就請求書所招致的所有開支，並承

諾會在收到該等開支款額的正式通知時，向庫務署繳付該筆款項及向司法常務官交出付款收據。

(1997年第362號法律公告)

3A. 非經宣誓的訊問(第39號命令第3A條規則)

第 4A 章 - 《高等法院規則》 137

儘管第1條規則的條文已有規定，如須接受訊問的人是在本司法管轄權範圍外，仍可按照進行訊

問所在的國家的程序，對該人作經宣誓或非宗教式宣誓或其他形式的訊問。

4. 證人出席訊問的強制執行(第39號命令第4條規則)

凡已根據第1條規則作出命令─

(a) 命令對任何人進行的訊問，須在一名法院人員或另一人(在本條規則及第5至14條規則

稱為“訊問員”)席前進行，或

(b) 命令任何曾作出會在任何訟案或事宜中使用的誓章的人須在訊問員席前接受盤問，

則可藉傳召出庭令狀強制執行該人在訊問員席前出席及在接受訊問時交出任何文件，方式與強制執

行證人出席審訊及在審訊中交出文件的方式相同。

5. 證人拒絕出席、宣誓等(第39號命令第5條規則)

(1) 如任何人雖經傳召出庭令狀妥為傳召在訊問員席前出席卻拒絕或沒有出席，或拒絕宣誓以

接受訊問，或在接受訊問時，拒絕回答任何合法問題或拒絕交出任何文件，則必須將一份由訊問員

簽署的關於該人拒絕或沒有如此行事的證明書送交登記處存檔；該份證明書一經送交存檔，要求該

人出席的一方，可向法庭申請作出命令，規定該人須出席或宣誓或回答任何問題或交出任何文件(視

屬何情況而定)。

(2) 要求根據本條規則作出命令的申請，可單方面提出。

(3) 法庭如根據本條規則作出命令，可命令該命令所針對的人支付因他拒絕或沒有如此行事而

引起的任何費用。

(4) 任何人如故意不服從根據第(1)款而針對他作出的任何命令，即屬犯蔑視法庭罪。

6. 訊問時間及地點的指定(第39號命令第6條規則)

(1) 如有訊問令應某一方的申請作出，訊問員必須向該一方發出指定進行訊問的地點及時間(但

如各方另作申請則作別論)的通知書；該時間在顧及須接受訊問的人的方便及案件的所有情況後須定

於在作出命令後的切實可行範圍內盡早之時。

(2) 獲發給根據第(1)款發出的通知書的一方，在收到通知書時，必須隨即向所有其他各方發出

關於有關指定的通知書。

7. 訊問員須有某些文件(第39號命令第7條規則)

如有在訊問員席前接受訊問的命令應某一方的申請作出，該一方必須向訊問員提供有關訟案或

事宜的文件的文本，該等文件是令訊問員得悉該訟案或事宜中所爭論的問題所需者。

8. 訊問的進行(第39號命令第8條規則)

(1) 除訊問令所載任何指示另有規定外─

(a) 任何被命令在訊問員席前接受訊問的人，均可被盤問及覆問，及

(b) 在訊問員席前對任何人進行的訊問、盤問及覆問，進行的方式須與審訊一宗訟案或事

宜時所進行者相類。

第 4A 章 - 《高等法院規則》 138

(2) 訊問員可向在其席前接受訊問的任何人，就該人所作的任何答案的意思或訊問過程中出現

的任何事宜，提出任何問題。

(3) 如有必要，訊問員可不時將訊問押後。

9. 對額外證人的訊問(第39號命令第9條規則)

如經有關訟案或事宜的所有各方書面同意，訊問員可對訊問令所指名或有所規定的人以外的任

何人進行訊問，並必須將該同意書附錄於該人的書面供詞正本。

10. 對問題的反對(第39號命令第10條規則)

(1) 如在訊問員席前接受訊問的任何人反對回答向他提出的任何問題，或如向接受訊問的人提

出的任何問題受到反對，則該問題、反對的理由及受到反對的任何該等問題的答案，必須在該人的

書面供詞或附錄於該書面供詞的陳述書上列明。

(2) 反對回答任何該等問題或反對提出任何該等問題的理由是否有效，須由法庭而非訊問員決

定，但訊問員必須就此而向各方述明他的意見，而關於其意見的陳述則必須在有關的書面供詞或附

錄於該書面供詞的陳述書上列明。

(3) 如法庭的決定是判提出反對的人失敗，法庭可命令該人支付因其反對而引起的訟費。

11. 書面供詞的錄取(第39號命令第11條規則)

(1) 在訊問員席前接受訊問的任何人的書面供詞，必須由訊問員或由速記員或另一人在訊問員

在場的情況下予以記錄；除第(2)款及第10(1)條規則另有規定外，書面供詞只要能盡量載有接受訊

問的人的陳述，即不需列出每一條問題及答案。

(2) 訊問員如覺得某一條問題及其答案具特別重要性，可指示該條問題及其答案的原來字眼須

在書面供詞列明。

(3) 某人的書面供詞，須在出席的各方在場的情況下，向該人宣讀，並須邀請該人在其上簽

署，但各方可書面同意免除前述規定。如有人在根據本款被邀請在書面供詞上簽署時拒絕如此行

事，訊問員必須在書面供詞上簽署。

(4) 任何人的書面供詞正本，經書面供詞是在其席前錄取的訊問員簽署認證後，必須由訊問員

送交登記處，並須在登記處存檔。

12. 訊問所花時間須在書面供詞上註明

(第39號命令第12條規則)

訊問員在根據第11(4)條規則將任何書面供詞送交登記處前，必須在書面供詞上註明一項由他簽

署的陳述，述明訊問所花時間及就此而收取的費用。

13. 由訊問員作出的特別報告

(第39號命令第13條規則)

訊問員可就任何在他席前進行的訊問及任何人的不出席該訊問或在該訊問進行時的行為，向法

庭作出特別報告，而法庭可應該報告，指示進行其認為適合的法律程序或作出其認為適合的命令。

第 4A 章 - 《高等法院規則》 139

14. 支付訊問員費用的命令(第39號命令第14條規則)

(1) 如須付給訊問員的費用及開支未有支付，訊問員可將該事實向法庭報告，而法庭則可指示

民事法律專員申請作出命令，命令訊問令是應其申請作出的一方支付就有關訊問而須付給訊問員的

費用及開支。 (1997年第362號法律公告)

(2) 根據本條規則作出的命令，不影響在就訟費或其他方面作評定時所作出的訊問費用最終須

由何方負責的任何裁定。

15. 證供的繼續留存(第39號命令第15條規則)

(1) 除非已有訴訟開展以使證供得以繼續留存，否則不得對證人進行訊問以使證供得以繼續留

存。

(2) 任何人如在任何未來事件一旦發生時，在他所指稱會存在的情況下他會成為有權取得任何

榮譽、名銜、高位或職位，或成為有權取得任何土地或非土地財產的產業權或權益，而取得該榮

譽、名銜、高位或職位，或該產業權或權益的權利，或可就該榮譽、名銜、高位或職位或該產業權

或權益提出的申索，是他所不能在該事件發生前提出以進行審訊的，則該人可開展訴訟，以使對確

立該權利或申索或會有關鍵性的任何證供得以繼續留存。

(3) 不得將為使證人證供得以繼續留存的訴訟排期審訊。

命令： 40 法院的專家 25 of 1998 01/07/1997

附註：

具追溯力的適應化修訂─見1998年第25號第2條

1. 委任專家就某些問題作報告

(第40號命令第1條規則)

(1) 任何訟案或事宜，如會在沒有陪審團的情況下進行審訊及其中有需要專家證人的任何問題

出現，法庭在該宗訟案或事宜中，可在任何時間應任何一方的申請，委任一名獨立的專家，或如有

多於一項該等問題出現，則委任2名或多於2名該等專家，就不涉及法律或釋義問題的任何事實或意

見問題，進行查訊並作出報告。

根據本款獲委任的專家在本命令中稱為“法院的專家”。

(2) 在一宗訟案或事宜中的任何法院的專家，如可能的話，須為一名經各方之間同意的人，如

彼此未能同意，則須由法庭提名。

(3) 如彼此未能同意，呈交法院的專家的問題及向法院的專家作出的指示(如有的話)，須由法

庭決定。

(4) 在本條規則中，就在一宗訟案或事宜中出現的任何問題而言，“專家”(expert)指對該問

題或與該問題相關連的事宜所具知識或經驗能令其對該問題或該等事宜的意見可被接納為證據的

人。

2. 法院的專家的報告(第40號命令第2條規則)

(1) 法院的專家必須將其報告連同數量由法庭所指示的文本送交法院，而司法常務官則必須將

該報告的文本送交各方或其律師。

(2) 法庭可指示法院的專家作出進一步或補充報告。

第 4A 章 - 《高等法院規則》 140

(3) 如在一宗訟案或事宜中作出的法院的專家報告，有任何部分不獲該宗訟案或事宜的所有各

方接納，該部分須視作為向法庭提供的資料，所具有的分量按法庭認為適合者而定。

3. 實驗及測試(第40號命令第3條規則)

如法院的專家認為有需要進行某種實驗或測試(屬於無關重要性質者除外)，以使他能作出一份

令人滿意的報告，他須通知各方或其律師，並如可能的話，與他們就所涉及的開支、須出席的人及

其他有關事宜作出安排；如就任何一項該等事宜各方未能彼此同意，該項事宜須由法庭決定。

4. 對法院的專家的盤問(第40號命令第4條規則)

任何一方，在收到法院的專家的報告的文本後14天內，可向法庭申請許可就法院的專家的報告

而向法院的專家進行盤問；法庭須應該申請作出命令，命令所有各方對法院的專家的盤問須在─

(a) 審訊時進行，或

(b) 在命令所指明的時間及地點在一名訊問員席前進行。

5. 法院的專家的酬金(第40號命令第5條規則)

(1) 法院的專家的酬金，須由法庭釐定，並須包括他擬備報告的費用及他須在法庭或訊問員席

前出席的每一天的恰當費用。

(2) 在不損害任何規定法院的專家的酬金須作為訟案或事宜的部分訟費而支付的命令的原則

下，各方須負共同及各別法律責任支付法庭所釐定的法院的專家的酬金；但如委任法院的專家受到

反對，法院可規定申請作出該項委任的一方，須就該法院的專家的酬金提供法庭認為適合的保證，

作為作出該項委任的一項條件。

6. 傳召專家證人(第40號命令第6條規則)

凡在一宗訟案或事宜中有委任法院的專家，任何一方，在審訊進行前的合理時間就其擬傳召專

家證人一事向其他各方作出通知後，可傳召一名專家證人就法院的專家所報告的問題提供證據，但

如無法庭許可，任何一方不可傳召多於一名專家證人，而除非法庭認有關案件有例外情況，否則不

得批予許可。

命令： 41 誓章 25 of 1998 s. 2 01/07/1997

附註：

具追溯力的修訂─見1998年第25號第2條

1. 誓章的形式(第41號命令第1條規則)

(1) 除第(2)及(3)款另有規定外，在一宗訟案或事宜中宣誓作出的每一份誓章，均必須以該宗

訟案或事宜為標題。

(2) 凡一宗訟案或事宜是以多於一項事宜為標題，則只述明第一項事宜然後加上“及其他事

宜”等字即屬足夠；凡一宗訟案或事宜是以一項或多於一項事宜及各方為標題，則標題中包括該項

或該等事宜的部分可予略去。

(3) 凡有多於一名原告人，則只述明首名原告人的全名然後加上“及其他人”等字即屬足夠，

第 4A 章 - 《高等法院規則》 141

此情況同樣適用於被告人。

(4) 每一份誓章均必須以第一人稱表達，並除非法庭另有指示，否則必須述明宣誓人的居住地

點及職業，或如宣誓人並無職業，則述明對該人的描述；如誓章是為某訟案或事宜宣誓作出的，而

宣誓人是該訟案或事宜的一方或是受僱於該一方的，誓章必須述明該事實。如宣誓人是以專業、業

務上的身分或其他的職業身分提供證據，則誓章可述明宣誓人的工作地址，他所持的職位及其商號

或事務所或僱主姓名或名稱(如有的話)，而非述明宣誓人的居住地點。

(5) 不論紙張是否雙面使用，每一份誓章的紙張印有、寫有或以打字形式印有字體的一面，必

須順序編號。

(6) 每一份誓章均必須加以分段，而每段則必須順序編號，且盡可能只局限於有關標的之某個

別部分。

(7) 誓章上的日期、款額及其他數目必須以數字而非文字表達。

(8) 每一份誓章必須由宣誓人簽署，而誓章末處必須由誓章是在其面前宣誓作出的人填寫及簽

署。

(香港)(9) 凡任何誓章在宣誓作出前曾向宣誓人傳譯，則該誓章須載有一項具此意思的陳述，並述

明負責傳譯的人的姓名及地址，且須由該人簽署。

2. 由2名或多於2名宣誓人作出的誓章

(第41號命令第2條規則)

凡一份誓章是由2名或多於2名宣誓人作出，作出該份誓章的各人的姓名均必須填入誓章未處，

但如該份誓章是由該2名或所有該等宣誓人同時在同一人面前宣誓作出，則只述明該份誓章是由“上

述指名”的兩名(或所有)宣誓人宣誓作出即屬足夠。

3. 由文盲或失明的人作出的誓章(第41號命令第3條規則)

凡監誓的人覺得宣誓人是文盲或失明，他必須在誓章未處核證─

(a) 誓章已在他在場時向宣誓人宣讀，

(b) 宣誓人看似完全明白誓章的內容，及

而誓章若無上述證明書則不得用作證據，但如法庭信納誓章已向宣誓人宣讀，而宣誓人又看來完全

明白其內容，則屬例外。

4. 欠妥的誓章的使用(第41號命令第4條規則)

如經法庭許可，誓章即使在格式方面有任何不符合規定之處，仍可予以存檔或用作證據。

5. 誓章的內容(第41號命令第5條規則)

(1) 除第14號命令第2(2)及4(2)條規則、第86號命令第2(1)條規則、本條規則第(2)款及根據第

38號命令第3條規則作出的任何命令另有規定外，誓章只可載有宣誓人能據其所知而加以證明的事

實。

(2) 為用於非正審法律程序而宣誓作出的誓章，可載有關於資料或所信之事的陳述以及資料或

所信之事的來源及理由。

第 4A 章 - 《高等法院規則》 142

6. 誓章中屬惡意中傷等的事宜(第41號命令第6條規則)

法庭可命令自任何誓章中剔除任何屬惡意中傷、無關聯或帶壓迫性的事宜。

7. 誓章上的更改(第41號命令第7條規則)

(1) 如誓章未處或誓章內容有任何安插於行間的字、塗擦或其他更改，則除非該份誓章是在其

面前宣誓作出的人已在更改之處簡簽，及如屬有塗擦的情況，亦已在該份誓章的頁邊再次寫上寫在

塗擦部分之上的任何字句或數字，並加以簽署或簡簽，否則未經法庭許可，該份誓章不得在任何法

律程序中存檔或使用。

(2) 凡誓章是在登記處宣誓作出，本條規則所規定需要的簽署或簡簽可由法院印章代替。

8. 誓章不得在一方的律師等面前宣誓作出

(第41號命令第8條規則)

為某一方而使用的誓章，如是在該一方的律師、該律師的任何代理人、合夥人或文員面前宣誓

作出，即屬不足夠。

9. 誓章的送交存檔(第41號命令第9條規則)

(4) 每一份在法庭所進行的訟案或事宜中使用的誓章，均必須送交登記處存檔。

(5) 每一份誓章均必須註有一項註明，表明該份誓章是為何人送交存檔、宣誓作出的日期及送

交存檔的日期；未有如此註明的誓章，如無法庭許可，不得送交存檔或予以使用。

10. 誓章正本或正式文本的使用(第41號命令第10條規則)

(1) 在符合第(2)款的規定下，一份誓章正本即使並未按照第9條規則送交存檔，仍可無須法庭

許可而予以使用。

(2) 凡使用一份誓章正本，除非該份誓章所屬的一方承諾將該份誓章正本送交存檔，否則該一

方必須在使用該份誓章正本後，隨即將其留交法庭或內庭(視屬何情況而定)的司法書記，而司法書

記則須將其送交以作存檔。

(3) 凡誓章已經送交存檔，其正式文本即可在任何法律程序中使用。

11. 與誓章一起使用的文件須附於誓章作為證物

(第41號命令第11條規則)

(1) 任何與誓章一起使用的文件，必須附於誓章作為證物，而非附錄於誓章。

(2) 誓章的任何證物，必須由誓章是在其面前宣誓作出的人的證明書予以識別。

該證明書必須以與誓章相同的方式標題，而第1(1)、(2)及(3)條規則須據此適用。

12. 在英聯邦或外國監理的誓章無須證明其印章即可

接納等(第41號命令第12條規則)

(1) 任何誓章，如是在香港以外的英聯邦任何地區，在任何獲妥為授權在該地區監理誓章的法

第 4A 章 - 《高等法院規則》 143

官、人員或其他人面前宣誓作出，或是在獲法院授權在該地區監理誓章的任何監誓員面前宣誓作

出，則如在有關個案中該誓章是可接納的，該誓章即可在法院予以使用。

(2) 任何誓章，如是在女皇陛下領土以外的任何外地地區，在一名法官或裁判官席前宣誓作

出，並經由該名法官所被派駐的有關外地法院或該名裁判官的官方印章認證，或是在一名公證人或

一名英國領事人員的面前宣誓作出，則如在有關個案中該誓章是可接納的，該誓章即可在法院予以

使用。

(3) 一份誓章看來是已按照本條規則第(1)或(2)款所訂明的方式宣誓作出一事，須為該第(1)或

(2)款所述法院、法官、裁判官、監誓員、其他人員或其他人在該份誓章上附加印章或簽署簽名(視

屬何情況而定)的表面證據，亦須為該法院、法官、裁判官、其他人員或其他人監誓的權限的表面證

據。

命令： 41A 屬實申述 L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

1. 釋義(第41A號命令第1條規則)

在本命令中，除文意另有所指外—

“狀書”(pleading) 包括—

(a) 某一方給予另一方的狀書詳情，不論該等詳情是自願或依據下述請求或命令而給予的

—

(i) 該另一方作出的請求；或

(ii)根據第18號命令第12(3)或(4)條規則作出的法庭命令；及

(b) 對狀書或(a)段提述的任何詳情的修訂；

“專家報告”(expert report) 指根據本規則披露的專家報告；

“證人陳述書”(witness statement) 指根據第38號命令第2A條規則送達的陳述書。

2. 文件須以屬實申述核實

(第41A號命令第2條規則)

(1) 下述文件必須按照本命令，以屬實申述核實—

(a) 狀書；

(b) 證人陳述書；

(d) 本規則的任何其他條文或某實務指示規定須按照本命令核實的任何其他文件。

(2) 儘管某一方已按照第18號命令第12A條規則在狀書中作出某事實指稱，而該事實指稱與同一

狀書中的另一事實指稱不一致，該狀書仍必須按照本命令，以屬實申述核實。

(3) 如在某個別個案中，法庭認為指示第(1)款指明的所有或任何文件無需以屬實申述核實是公

正的，則可作出該指示。

(4) 如某實務指示規定第(1)款指明的所有或任何文件無需以屬實申述核實，則無需作出該項核

實。

(5) 實務指示只可在第(1)款指明的文件是關乎將在特定案件類別中聆訊的事宜的情況下，規定

所有或任何該等文件無需以屬實申述核實。

3. 屬實申述的簽署

(第41A號命令第3條規則)

第 4A 章 - 《高等法院規則》 144

(1) 除第(6)、(7)、(8)及(9)款另有規定外—

(a) 就證人陳述書或專家報告而言，屬實申述必須由作出該陳述書或報告的人簽署；

(b) 就任何其他情況而言—

(i) 屬實申述必須由提交核實文件的一方簽署，或由(如適用的話)其起訴監護人或辯

護監護人簽署；或

(ii)屬實申述必須由該方的法律代表簽署，或由起訴監護人或辯護監護人的法律代表

簽署。

(2) 除第(6)、(7)、(8)及(9)款另有規定外，凡某一方是一團體(不論是否法團)，屬實申述必

須由在該團體擔任高級職位的人簽署。

(3) 除第(7)款另有規定外，凡有關的一方是公職人員，屬實申述必須由該公職人員簽署，或由

在涉及有關法律程序的公共機構或公共主管當局擔任高級職位的人簽署。

(4) 每名下述的人均屬擔任高級職位的人—

(a) 就既非公共機構亦非公共主管當局的法團而言，該法團的任何董事、經理、秘書或其

他相類高級人員；

(b) 就既非公共機構亦非公共主管當局的不屬法團的組織而言，任何對該組織而言屬適當

的處於相應位置的人；及

(5) 凡屬實申述由擔任高級職位的人簽署，該人須在該屬實申述中，述明他所擔任的職務或職

位。

(6) 除第(7)、(8)及(9)款另有規定外，凡有關的一方是一個合夥，屬實申述必須由以下的人簽

署—

(a) 該合夥的一名合夥人；或

(b) 控制或管理該合夥業務的人。

(7) 如實務指示准許的話，在狀書中或就狀書作出的屬實申述，可由—

(a) 不屬訴訟一方的人簽署；或

(b) 訴訟中的兩方或多於兩方共同簽署。

(8) 如有法律程序全部或部分由某一方提起或針對某一方提起，而任何保險人或香港汽車保險

局在該法律程序的結果方面有財務利益，該保險人或香港汽車保險局可代表該方，在狀書中或就狀

書簽署屬實申述。

(9) 如多於一個保險人正代原告人或被告人進行法律程序，則負責該案件的保險人的某高級人

員可作為領頭保險人，在狀書中或就狀書簽署屬實申述，但—

(a) 簽署的人須指明他以何身分簽署；

(b) 該屬實申述必須是述明該領頭保險人相信有關文件中所述事實屬實的申述；及

(10) 凡法律代表簽署屬實申述，他須以本人名義簽署，而不得僅以他所屬律師行的名義簽

署。

4. 屬實申述的效力

(第41A號命令第4條規則)

(1) 除第(2)款另有規定外，屬實申述是述明以下事宜的申述—

(a) 提出有關文件的一方相信，該文件中所述事實屬實；或

(b) (如屬證人陳述書或專家報告)作出該證人陳述書或專家報告的人相信，該文件中所述

第 4A 章 - 《高等法院規則》 145

事實屬實，而(如適用的話)其中所表達的意見屬真誠地持有的。

(2) 如某一方是與某起訴監護人或辯護監護人一同進行法律程序的，在狀書中或就狀書作出的

屬實申述，是述明該起訴監護人或辯護監護人相信正予核實的有關文件中所述事實屬實的申述。

(3) 凡任何法律代表或保險人已代表某一方簽署屬實申述，法庭須將其簽署視為他述明以下事

宜的申述—

(a) 他已獲該方授權代為簽署該申述；

(b) 在簽署前，他已向該方解釋，簽署該屬實申述即表示他確認該方相信該文件中所述事

實屬實；及

承擔的後果。

5. 屬實申述的格式

(第41A號命令第5條規則)

(1) 核實某文件(證人陳述書及專家報告除外)的屬實申述須採用下述格式—

“[本人相信] [(原告人或按具體情況填寫)相信]本[述明正予核實的文件的名稱]所述事實屬實。”。

(2) 核實證人陳述書或專家報告的屬實申述須採用下述格式—

“本人相信本[述明正予核實的文件的名稱]所述事實屬實，而(如適用的話)其中所表達的意見屬真誠地持有的。”。

(3) 凡有關屬實申述並非載於其所核實的文件中—

(a) 載有該屬實申述的文件的首頁，必須註明有關法律程序的標題及訴訟編號；及

(b) 在屬實申述中，正予核實的文件必須以下述方式辨識—

(i) 狀書：“於[日期]送達[訴訟一方的姓名或名稱]的[申索陳述書或按具體情況填寫]”；

(ii)狀書詳情：“於[日期]發出的狀書詳情”； (iii) 對狀書或狀書詳情的修訂：“於[日期]對[述明正予核實的文件的名稱]作出

的修訂”；

(iv)證人陳述書：“於[日期]送交存檔或於[日期]送達[訴訟一方]的證人陳述書； (v) 專家報告：“於[日期]向[訴訟一方]披露的專家報告”。

6. 沒有核實狀書

(第41A號命令第6條規則)

(1) 法庭可藉命令剔除任何沒有以屬實申述核實的狀書。

(2) 任何一方均可提出申請，要求作出第(1)款所指的命令。

7. 沒有核實證人陳述書或專家報告

(第41A號命令第7條規則)

如作出證人陳述書或專家報告的人沒有以屬實申述核實該證人陳述書或專家報告，則除非法庭

另有命令，否則該證人陳述書或專家報告不得被接納為證據。

8. 法庭要求文件須予核實的權力

第 4A 章 - 《高等法院規則》 146

(第41A號命令第8條規則)

(1) 法庭可命令沒有按照本命令核實某文件的人核實該文件。

(2) 任何一方均可提出申請，要求作出第(1)款所指的命令。

9. 虛假陳述(第41A號命令第9條規則)

(1) 如任何人在或安排在以屬實申述核實的文件中作出虛假陳述而並非真誠地相信其為屬實，

則可針對他提起藐視法庭的法律程序。

(2) 根據本條規則提起的法律程序，僅可—

(a) 由律政司司長提起，或由因有關的虛假陳述而感到受屈的人提起；及

(b) 在法庭許可下提起。

(3) 除非法庭信納藐視法庭的懲罰相對於有關的虛假陳述而言屬相稱和適當者，否則不得根據

第(2)款批予有關的許可。

(4) 根據本條規則提起的法律程序須受有關藐視法庭的法律規限，而本條規則並不損害該等法

律。

10. 過渡性條文(第41A號命令第10條規則)

如任何訴訟中的文件在本命令生效*前已送交存檔、送達或轉遞，本命令並不就該文件而適用。

(2008年第152號法律公告)

__________________________________________________________________________

註：

* 生效日期：2009年4月2日。

命令： 42 判決及命令 L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

判決、命令、帳目及查訊

1. 判決的格式及判決的利息等(第42號命令第1條規則)

(1) 如任何判決的格式已由附錄A訂明，該判決必須採用該格式。 (見附錄A表格39-46、48、

49)

(2) 登錄任何判決的一方，有權獲得在該判決中複述一項陳述，述明開展有關訟案或事宜的令

狀或其他原訴法律程序文件的送達方式及地點。

(3) 除屬第5A條規則所適用的在同意下作出的命令外，其他命令必須標明作出命令的法官或聆

案官的姓名，並必須加以蓋章。 (1998年第25號第2條)

1A. 令復歸利益擁有人受惠的關於扣留貨物的判決

(第42號命令第1A條規則)

(1) 凡一名部分擁有人提出扣留貨物的申索，而其訴訟權利並非基於一項管有的所有權，則就

該申索作出的任何判決或命令只可判令損害賠償的支付。

在本款中“部分擁有人”(partial owner) 指兩名或多於兩名對有關貨物擁有權益的人中的一

第 4A 章 - 《高等法院規則》 147

人，但如該人有上述其他各人的書面授權以代表他們起訴，則不在此列。

2. 規定須作出作為的判決等：作出作為的時限

(第42號命令第2條規則)

(1) 除第(2)款另有規定外，規定某人須作出一項作為的判決或命令，必須指明作出該項作為的

時限，而該時限可以是在該判決或命令送達後的某個時限或其他時限。

(2) 凡任何判決或命令規定某人須作出的作為，是付款給另一人、交出任何土地的管有或交付

任何貨物，則無須憑藉第(1)款而在該判決或命令中指明須作出該項作為的時限，但前述規定不影響

法庭指明該時限並據此作出判決或命令的權力。

3. 判決或命令開始生效的日期(第42號命令第3條規則)

(1) 法庭的判決或命令，由判決或命令的日期開始生效。

(2) 判決或命令的日期，須為其宣告或作出的日期，但如法庭命令某項判決或命令的日期須為

另一較早或較後的日期，則屬例外，而在該情況下，該項判決或命令的日期須為該另一日期。

(3) 即使任何判決或命令的理由在某一較後日期始發表，該判決或命令仍為施行本條規則而生

效。

4. 須予草擬的命令(第42號命令第4條規則)

(1) 除第(2)款另有規定外，法庭的每一項命令均須予草擬，但如法庭另有指示，則屬例外。

(2) 一項命令─

(a) 如─

(i) 是延展本規則或任何判決、命令或指示規定或授權某人作出任何作為的期限，或

(ii)是批予許可作出第(3)款所述的任何作為，並且

(b) 既無施加任何特別條款，亦非包括關於訟費的指示以外的任何特別指示，

則除非法庭另有指示，否則無須予以草擬。

(3) 第(2)(a)(ii)款所提述的作為是─

(a) 發出任何令狀，但須在本司法管轄權範圍外送達的傳訊令狀除外；

(b) 修訂傳訊令狀或其他原訴法律程序文件或狀書；

(d) 須由法院人員(律師除外)作出的任何作為；

(香港) (e) 延展令狀的有效期；

(香港) (f) 縮短送達傳票的期限；

(香港) (g) 押後傳票的聆訊；

(香港) (h) 押後訴訟的審訊；

(香港) (i) 由法官作出命令，命令申請或傳票由聆案官聆訊，或由聆案官作

出相類的命令，命令申請或傳票由法官聆訊； (1998年第25號第2條)

(香港) (j) 許可查閱送交登記處存檔的文件，並將之複製副本；

(香港) (k) 將一宗訴訟由某一審訊表轉往另一審訊表；

(香港) (l) 將一宗訴訟已排期聆訊的日期取消或更改；及

(香港) (m) 根據《法律執業者條例》(第159章)認許某人為高等法院的律師或大

律師，以及根據《認許及註冊規則》(第159章，附屬法例B)第13條作出任何命令。

第 4A 章 - 《高等法院規則》 148

(1998年第25號第2條)

5. 判決及命令的草擬及登錄(第42號命令第5條規則)

(1) 凡在訟案或事宜中作出的判決按照本條規則提交登記處以作登錄，司法常務官須將該判決

登錄在為此目的而備存的簿冊上。

(2) 尋求登錄該判決的一方，必須草擬該判決並將其提交司法常務官以作登錄。

(3) 提交判決以作登錄的一方，必須交出使司法常務官信納該一方有權將判決登錄所需的任何

證明書、命令或其他文件。

(4) 任何該等判決一經登錄，司法常務官須將該判決存檔。

(5) 每一項就某一方的申請而作出的命令，如是規定須予草擬的，必須由該提出申請的一方草

擬，如該一方沒有在該命令作出後7天內草擬該命令，受該命令影響的任何另一方可草擬該命令。

(1994年第103號法律公告)

(6) 第(5)款提述的命令草擬完成後，必須連同其文本一份在登記處交出；如獲司法常務官通

過，該命令在蓋章後，須交回交出該命令的一方，而上述文本則須存於登記處。

5A. 在同意下作出的判決及命令(第42號命令第5A條規則)

(1) 在符合第(2)、(3)、(4)及(5)款的規定下，凡訟案或事宜的所有各方議定作出判決或命令

的條款，按該等條款作出的判決或命令，可藉第5條規則所規定的程序而具有如同法庭判決或命令般

的效力。

(2) 本條規則適用於任何由下列一項或多於一項判決或命令組成的判決或命令─

(a) 任何關於下列事宜的判決或命令─

(i) 支付一筆經算定的款項，或有待評估的損害賠償，或有待評估的貨物價值；

(ii)交付貨物，不論是否可選擇支付有待評估的貨物價值或議定的價值；

(iii) 土地的管有，而申索是與住宅無關；

(b) 任何關於下列事宜的命令─

(i) 全部或部分撤銷、中止或撤回任何法律程序；

(ii)無條件或按關於支付款項的條件而擱置法律程序；

(iii) 按列於命令附表但除此之外即不屬於命令一部分的條款而擱置法律程序(“湯

林命令”)；

(iv)無條件擱置強制執行判決，或按須照命令所指明的分期方式支付根據判決須予支

付的款項的條件而擱置強制執行判決；

(v) 將因欠缺行動而作出的判決作廢；

(vi)將任何法律程序移交區域法院或土地審裁處； (1998年第25號第2條；2008年第

152號法律公告)

(vii) 將存於法院的款項支出；

(viii) 解除任何一方的法律責任；

(ix)支付、評定或免除訟費，或其他經議定的關於訟費的規定；

(i) 延展規定送達或送交任何狀書或其他文件存檔的期限；

(ii)撤回紀錄；

(iii) 給予提出申請或將申請恢復的自由。

(3) 在本條規則所適用的任何判決或命令可予登錄或蓋章前，該判決或命令必須按議定的條款

第 4A 章 - 《高等法院規則》 149

草擬，並表明是“按同意作出”，且必須由代表每一方的律師加簽。

(4) 本條規則不適用於在海事司法管轄權下待決或在商業案件審訊表上輪候的法律程序中的任

何判決或命令。

(5) 本條規則不適用於在任何一方為無律師代表的訴訟人或無行為能力的人的法律程序中的任

何判決或命令。

5B. 判決或命令的理由(第42號命令第5B條規則)

(香港)(1) 法庭須在宣告判決或命令時，就任何有關決定發表其理由；或如當時法庭宣布將於較後

日期發表其理由，則須在所編定的較後日期發表其理由。

(2) 凡判決或命令並非在聆訊結束當日宣告，或雖已宣告決定法庭卻按照第(1)款宣布有關的決

定的理由將於較後日期發表，法庭可述明判決或命令、或判決或命令連同其理由(視屬何情況而定)

將以書面記錄。

(3) 凡已編定日期宣告書面決定或書面理由，須向各方發出通知，但各方並非必須由大律師代

表或親自出庭。

(4) 凡已宣布一項判決或命令連同其理由或一項以前已宣告的判決或命令的理由將以書面記

錄，法庭可在編定的日期，不將該項判決或命令連同其理由或該等理由(視屬何情況而定)全部宣

讀，而改為按照第(5)款提供其文本。該等文本一經提供，載於書面紀錄中的任何判決或命令，均須

當作就第3條規則而言已予宣告。

(5) 凡該項以書面記錄的判決或命令連同其理由或該等理由是在較後日期發表而又未有全部宣

讀，法庭須─

(a) 將其文本一份發下給每一方，並在有關紀錄上據此加以註明；

(b) 將其文本一份交存高等法院圖書館；及 (1998年第25號第2條)

(6) 凡依據本條規則發表書面決定，法庭可在該書面決定中作出關於訟費的暫准命令，而除非

有人提出申請更改該命令，否則該命令在決定宣告後14天即成為絕對命令。

(7) 凡由多於一名法官組成的法庭依據本條規則開庭宣告一項決定以及一項以前已宣告的決定

的理由，如進行有關聆訊的法官之中最少有一位出席，即已屬足夠。 (1998年第25號第2條)

(8) 本條規則不影響第63號命令第4條規則的條文。

命令： 43 帳目及查訊 L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

1. 關於帳目的簡易命令(第43號命令第1條規則)

(1) 凡一份令狀註有一項要求作出帳目的申索或一項必然涉及製備帳目的申索，原告人可在被

告人對該份令狀作送達認收後或在須作送達認收的時限後的任何時間，申請根據本條規則作出命

令。 (2008年第152號法律公告)

(1A) 一宗藉令狀開展的訴訟的被告人，如已向─

(a) 原告人，或

(b) 任何另一方，或

送達反申索書，而反申索書是包括一項要求作出帳目的申索或一項必然涉及製備帳目的申索，則可

申請根據本條規則作出命令。

(2) 根據本條規則提出的申請，必須藉傳票提出，並如法庭有所指示，則必須由誓章或其他證

第 4A 章 - 《高等法院規則》 150

據支持。

(3) 在聆訊該申請時，法庭除非信納有初步問題須作審訊，否則可命令製備帳目，並亦可命令

在製備帳目後核證須付給任何一方的任何款項，須在命令所指明的時限內付給該一方。

2. 法庭可指示製備帳目等(第43號命令第2條規則)

(1) 法庭可應藉傳票提出的申請，在一宗訟案或事宜的法律程序的任何階段，指示製備任何必

要的帳目或進行任何必要的查訊。

(2) 每一項關於製備帳目或進行查訊的指示，均須在有關判決或命令中予以編號，以盡量令每

一項不同的帳目及查訊均有編號標明。

3. 關於製備帳目或進行查訊的方式的指示

(第43號命令第3條規則)

(1) 凡法庭命令製備帳目或進行查訊，法庭可藉同一命令或後來作出的命令，就製備或證實帳

目的方式或進行查訊的方式作出指示。

(2) 在不損害第(1)款的一般性的原則下，法庭可指示在製備帳目時，有關帳目簿冊為冊中所載

事宜的證據，而有利害關係的各方，則有對有關帳目簿冊按其認為適合而提出反對的自由。

4. 帳目須予以編製、核實等(第43號命令第4條規則)

(1) 凡已命令製備某帳目，報帳的一方必須編製其帳目，且除非法庭另有指示，否則必須以誓

章核實其帳目，並將帳目附於誓章作為證物。

(2) 帳目每一邊的項目，均必須順序編號。

(3) 除非製備帳目的命令另有指示，否則報帳的一方必須向法院遞交帳目，並必須同時通知其

他各方他已如此行事，及核實帳目的誓章和支持帳目的誓章已送交存檔。

5. 須就帳目中的指稱遺漏等發出通知

(第43號命令第5條規則)

任何一方，如尋求向報帳一方收取一筆較後者藉其帳目所承認已收取之數為多的款項，或指稱

後者的帳目中有任何項目在款額或任何其他方面出錯，則必須就此給予後者發通知，盡其所能述明

他所尋求收取的款項及其概要或他指稱該項目出錯的理由(視屬何情況而定)。

6. 酌量餘地(第43號命令第6條規則)

在製備任何判決或命令所指示製備的帳目時，雖並無任何具此意思的指示，仍須留有所有屬於

公正的酌量餘地。

7. 就帳目等採取行動等有延遲(第43號命令第7條規則)

(1) 法庭如覺得在就任何帳目或查訊採取行動方面，或在根據任何判決或命令進行的任何其他

法律程序之中，有不當的延遲，可要求負責進行該等法律程序的一方或任何另一方就延遲作出解

釋，然後可視乎情況所需，作出命令擱置或加快處理或進行該等法律程序，並且作出關於訟費的命

第 4A 章 - 《高等法院規則》 151

令。

(2) 法庭可指示任何一方或法定代表律師，接手進行有關的法律程序及執行由根據本條規則作

出的命令所作出的任何指示，並可就法定代表律師的費用的支付，作出其認為適合的命令。 (1991

年第375號法律公告)

8. 在有權利的人全數確定前分發款項

(第43號命令第8條規則)

凡有權分享一筆款項的人中有一部分已被確定，但在確定其他如此有權的人方面已出現或相當

可能會出現困難或延遲，則法庭可命令或容許即時向已被確定的人支付他們在該筆款項中所佔的份

額，而不在該等份額中預留任何部分來支付日後確定該等其他人的費用。

9. 監護人的帳目(第43號命令第9條規則)

任何人如被委任為未成年人的產業的監護人，其帳目必須以法庭所指示的方式核實及通過。

命令： 44 根據判決及命令進行的法律程序 L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

1. 對命令的適用範圍(第44號命令第1條規則)

在本命令中，凡提述判決之處，包括提述命令。

2. 向並非訴訟一方的人送達判決通知書

(第44號命令第2條規則)

(1) 凡在一宗就─

(a) 死者遺產的管理，或

(b) 信託的執行，或

而進行的訴訟中，法庭作出一項影響並非該宗訴訟一方的人的判決或指示，法庭可在作出判決時或

在根據判決進行的法律程序的任何階段，指示向任何該等人士送達判決通知書，而除第(4)款另有規

定外，任何獲送達通知書的人，均須受該判決約束，猶如他本為該宗訴訟的一方一樣。

(2) 如向按指示須予送達的人送達判決通知書看來並不切實可行，法庭可免除送達，並可命令

該人須受有關判決約束。

(2A) 第6號命令第7(3)及(5)條規則適用於根據本條規則發出的判決通知書，猶如通知書是令狀

而發出通知書的人是原告人一樣。 (1991年第404號法律公告)

(3) 每一份根據本條規則須予送達的判決通知書，均必須註有一項採用附錄A表格52格式的備忘

錄及附有一份採用附錄A表格15格式的送達認收書表格，備忘錄及送達認收書表格可加以適當的變

通，而須予送達的通知書文本須為蓋章文本。

(4) 獲送達判決通知書的人，可在通知書送達他後的一個月內，並在作送達認收後，向法庭申

請撤銷、更改或增補有關判決。 (2008年第152號法律公告)

(5) 獲送達判決通知書的人可在對通知書作送達認收後，出席根據有關判決而進行的法律程

序。 (2008年第152號法律公告)

(6) 第12號命令第1至4條規則適用於對判決通知書所作的送達認收，猶如有關判決是令狀而送

第 4A 章 - 《高等法院規則》 152

達通知書的人是原告人及獲送達通知書的人是被告人一樣。 (2008年第152號法律公告)

(1991年第404號法律公告)

3. 由法庭作出的指示(第44號命令第3條規則)

(1) 凡在一宗訟案或事宜中作出的判決載有指示，令根據該判決進行的法律程序有需要在內庭

進行，法庭可在作出該判決時或在根據該判決進行法律程序的任何時間，就該等法律程序的進行作

出進一步指示，特別包括關於以下方面的指示─

(a) 就任何帳目或查訊採取行動的方式，

(b) 為支持上述行動而援引的證據，

各方送達該文稿，以及送達任何就該文稿而提出的反對書，

(d) (在不損害第15號命令第17條規則的原則下)規定須出席所有法律程序或法律程序的任

何部分的各方，

(e) 由相同的律師代表組成某一類別的各方，及由不同律師代表應該由不同律師代表的各

方，及

(f) 須進行每項法律程序的時限，

並可就各方的再次出席，編定一個或多於一個日期。

(2) 法庭可撤銷或更改根據本條規則作出的任何指示。

4. 第5至8條規則的適用範圍(第44號命令第4條規則)

第5至8條規則在下列情況下適用─

(a) 凡在就根據法庭指示管理死者遺產而進行的法律程序中，有關判決指示須製備關於死

者遺產的債項或其他債務的帳目，或就死者最近親或其他未經確定的申索人進行任何

查訊，及

(b) 凡在就根據法庭指示執行信託而進行的法律程序中，有關判決指示須進行任何該等查

訊，

而凡在任何其他法律程序中，有關判決指示須製備任何關於債項或其他債務的帳目或進行任何查

訊，該等規則在加以必要的變通後須得適用。

5. 給予債權人及其他申索人的公告

(第44號命令第5條規則)

法庭在作出判決時或在根據判決進行的法律程序的任何階段，可就發出給予債權人或其他申索

人的公告作出指示，並可定出債權人及申索人可作出回應的時限。

6. 申索的審查(第44號命令第6條規則)

(1) 凡已指示須作出關於死者遺產的債項或其他債務的帳目，法庭所指示的一方必須─

(a) 審查聲稱是該筆遺產的債權人的人所提出的申索，

(b) 盡其所能決定在該等申索中該筆遺產所須負有法律責任的申索，及

該等結果的理由，並列出死者所仍欠付或可能仍欠付的所有其他債項。

第 4A 章 - 《高等法院規則》 153

(2) 凡已作出指示須就最近親或其他未經確定的申索人進行查訊，法庭所指示的一方必須─

(a) 審查有關申索，

(b) 盡其所能決定在該等申索中屬於有效的申索，及

該等結果的理由。

(3) 如有關的遺產代理人或受託人並非法庭指示須審查申索的訴訟一方，該遺產代理人或受託

人必須聯同被指示須審查申索的一方作出本條規則所規定作出誓章。

7. 就申索作出的判決(第44號命令第7條規則)

為就申索作出判決，法庭可─

(a) 指示以其認為適合的方式調查任何申索，

(b) 規定任何申索人須出席並證明其申索，或提供關於其申索的進一步的詳情或證據，或

8. 判決通知書(第44號命令第8條規則)

法庭須作出指示，向每名其申索或其任何部分申索已獲准或已遭拒准而在該申索獲處置時並無

出席的債權人，送達通知書將該事實通知他。

9. 債項的利息(第44號命令第9條規則)

(1) 凡任何判決指示須作出關於死者債項的帳目，則除非死者的遺產屬無力償債或法庭另有命

令，否則以下債項須准予生息─

(a) 任何帶有利息的債項，利息按其所帶有利息的利率計算，及

(b) 任何其他債項，利息由判決的日期起按在該日期須就判定債項而支付利息的利率計

算。

(2) 債權人如已在根據該判決進行的法律程序中確立其債項而其債項是不帶有利息的，則有權

按照第(1)(b)款，自任何在清償有關訟案或事宜的訟費後以及清償已確立的債項及該等債項中根據

法律帶有利息者的利息後所餘的資產中，獲撥付其債項的利息。

(3) 就本條規則而言，“債項”(debt) 包括殯殮、遺囑管理或遺產管理的開支；而就該判決作

出後所招致的開支而言，第(1)(b)款中提述判決的日期之處，須代以該等開支成為須予支付的日

期。

10. 遺贈的利息(第44號命令第10條規則)

凡任何判決指示須作出關於遺贈的帳目，則除有關遺囑或遺囑修訂附件所載的任何指示及法庭

作出的任何命令另有規定外，每一項遺贈均須准予生息，年率8釐，由立遺囑人死亡後一年屆滿時開

始計算。

11. 聆案官的命令(第44號命令第11條規則)

(1) 除第37號命令第2條規則另有規定外，根據一項判決而在聆案官席前進行的法律程序的結

果，須以命令的形式述明。 (1990年第363號法律公告)

第 4A 章 - 《高等法院規則》 154

(2) 除聆案官根據第(3)款或在其他情況下作出的任何指示另有規定外，根據本條規則作出的命

令所具有的效力，如同在一宗訟案或事宜中作出的處置該宗訟案或事宜的最終命令所具有者一樣。

(3) 根據本條規則在一宗訟案或事宜中作出的命令，須載有聆案官認為適合的關於在法庭或內

庭進一步考慮該宗訟案或事宜的指示。

(4) 每一項根據本條規則在一宗訟案或事宜中作出的命令，均即時對該宗訟案或事宜的各方具

有約束力，而該命令的文本須送達聆案官所指示的各方。

12. 針對聆案官的命令提出的上訴(第44號命令第12條規則)

(1) 除第(2)款另有規定外，第58號命令第1條規則適用於根據第11條規則作出的命令，一如其

適用於聆案官的任何判決、命令或決定；除非法庭另有指示，否則聆訊須在公開法庭進行。 (2000

年第129號法律公告)

(1A)以下條文對第58號命令第1條規則適用於根據第11條規則作出的命令方面具有效力—

(a) 第58號命令第1(2)條規則提述的通知書，須述明上訴的理由；

(b) 除非有特別理由，否則法庭不得接納新證據(但關於在聆案官作出命令的日期後所發生

的事的證據除外)；

第10(3)條規則具有者相同。 (2000年第129號法律公告)

(2) 如該命令須由司法機構會計師採取行動或該命令是一項通過接管人帳目的命令，上訴通知

書不得遲於該命令作出後兩整天發出；凡該命令是須由司法機構會計師採取行動，則必須於該命令

作出後在切實可行範圍內盡快將該命令的複本送達司法部會計師。

命令： 44A (香港)判決之前或之後的禁止令及判決前扣押財產 25 of 1998 01/07/1997

附註：

具追溯力的適應化修訂─見1998年第25號第2條

臨時補救

(香港)第44A號命令

(香港)判決之前或之後的禁止令

及判決前扣押財產

針對債務人的禁止令

1. 本命令適用於擬進行的訴訟(第44A號命令第1條規則)

(1) 除第(2)款另有規定外，法官在聆訊一名原告人提出的申請時，如認為適合，可命令即使該

名原告人未有展開其訴訟仍可獲得本命令所訂定的濟助。

(2) 除非原告人在他要求根據第(1)款作出命令的申請進行聆訊時作出以下作為，否則不得根據

第(1)款作出命令─

(a) 在聆訊申請時交出一份令狀文稿；及

(b) 向法官承諾在法院的辦事處於下一日開放辦公時發出有關令狀。

(3) 在第(1)款中，“原告人”(plaintiff) 指擬展開訴訟的人，而在本命令的別處，凡法官有

第 4A 章 - 《高等法院規則》 155

根據第(1)款作出命令者，則“原告人”(plaintiff) 包括擬展開訴訟的人，而“被告人”

(defendant) 或“債務人”(debtor) 包括原告人擬針對其展開訴訟的人。

(1998年第25號第2條)

2. 申請命令禁止債務人離開香港(第44A號命令第2條規則)

原告人或判定債權人可單方面向法庭申請命令，禁止債務人離開香港。

3. 禁止令的作出(第44A號命令第3條規則)

(1) 除本條例第21B條的條文另有規定外，法庭可作出命令，禁止債務人離開香港。

(2) 禁止債務人離開香港的命令，須採用附錄A表格106的格式。

4. 申請解除命令(第44A號命令第4條規則)

(1) 凡債務人被禁止離開香港，債務人一經向原告人或判定債權人發出為期2整天的通知並親自

出席法庭，即可申請解除有關命令。

(2) 在受制於付款判決的債務人根據第(1)款所提出的申請中，法庭在評估判定債權人所應得的

款額後，如認為適當，須─

(a) 解除有關命令；及

(b) 繼續進行法律程序，猶如判定債務人是根據第49B號命令在已被逮捕的情況下出庭接受

訊問一樣。

(3) 凡在根據第(1)款提出的申請中，須付款的債務人(判定債務人除外)─

(a) 同意針對他本人登錄判決；或

(b) 令法庭信納他對原告人的申索有實質的抗辯；或

法庭信納他對原告人的申索有實質的抗辯，

法庭須─

(i) 解除有關命令；及

(ii) 在被告人同意就原告人的申索的全部或任何部分針對他本人登錄判決的情況下，

按照該項同意作出判決，並隨後繼續進行法律程序，猶如被告人是根據第49B號命令在

已被逮捕的情況下出庭接受訊問一樣。

(4) 凡在根據第(1)款提出的申請中，債務人(須付款的債務人或受制於付款判決的債務人除外)

令法庭信納他對原告人的申索有實質的抗辯，則法庭須解除有關命令。

(5) 在根據第(1)款提出的申請中，法庭為處理該申請或迅速裁定任何有爭議的爭論點，可就申

索陳述書、抗辯書及反申索書的送交存檔，誓章的送交存檔、須支付的款額的評估或其他事宜，作

出其認為適合的指示。

(6) 在法庭認為適合如此行事的情況下，第(2)、(3)及(4)款不得阻止法庭無條件或在施加條件

下解除有關命令。

5. 判給補償的權力(第44A號命令第5條規則)

(1) 法庭如覺得禁止債務人離開香港的命令─

(a) 的申請並無充分理由；或

第 4A 章 - 《高等法院規則》 156

(b) 在不再需要後，原告人或判定債權人並無在合理可能的盡早時間安排令其失效，

可應債務人的申請，就債務人因(a)或(b)段所蒙受的任何損害或損失，判原告人或判定債權人須給

予債務人合理補償：

但法庭不得根據本條規則，判給一筆較法庭有權在就損害賠償提出的訴訟中判給的款項為多的

款項以作補償。

(2) 根據本條規則判給補償，即會禁止任何就禁止令提出要求損害賠償的訴訟。

臨時扣押被告人的財產

7. 在某些案件中申請向被告人收取保證或申請扣押被告人的

財產(第44A號命令第7條規則)

(1) 如在任何訴訟中，被告人即將處置其財產或其任何部分，或將任何該等財產移離法院的司

法管轄權範圍，而其意圖是妨礙或阻延可能會在該宗訴訟中針對他作出的任何判決的執行，則原告

人可在該宗訴訟提起之時或在其後直至最終判決作出為止的任何時間，向法庭申請傳喚被告人提供

足夠的保證，以在被要求時將其財產或其財產的價值或其中足以應付任何可能會在該宗訴訟中針對

他作出的判決的部分，交出及交由法庭處置；如被告人沒有提供該項保證，原告人可向法庭申請作

出指示，指示扣押任何屬於被告人的財產(不論動產或不動產)，直至法庭有進一步的命令為止。

(2) 有關申請書須載有關於被要求扣押的財產的說明及其估計價值(即原告人所能合理地確定

者)。

(3) 有關申請書須連同一份誓章送交存檔，該份誓章須表明被告人為前述意圖而即將處置或移

走其財產或其任何部分。

8. 發出手令，規定被告人須提供保證或出庭及提出因由，

並扣押其財產(第44A號命令第8條規則)

(1) 法庭如在作出其認為必要的調查後，認為有頗有可能的因由相信被告人為前述意圖而即將

處置或移走其財產或其任何部分，可向執達主任發出手令，命令執達主任傳喚被告人，在法庭將會

定出的時限內提供命令所指明的款項作為保證，以在被要求時將其財產或其財產的價值或該價值中

足以應付任何可能會在有關訴訟中針對他作出的判決的部分，交出及交由法庭處置，或在法庭席前

出席並提出他不應提供該項保證的因由。 (見附錄C表格5)

(2) 法庭亦可在手令中指示扣押被告人在香港境內的全部或任何部分財產，直至有進一步的命

令為止。

(3) 扣押須視乎須予扣押的財產的性質，以就執行付款判決而訂明的扣押財產方式作出。

9. 提出因由及其程序(第44A號命令第9條規則)

(1) 如被告人在法庭所定的時限內提出上述因由或提供所規定的保證，而申請書所指明的財產

或其任何部分已被扣押，法庭須命令撤回該項扣押。

(2) 如被告人在法庭所定的時限內，沒有提出上述因由或提供所規定的保證，法庭可指示將申

請書所指明的財產(如仍未被扣押)或其中足以應付任何可能會在有關訴訟中針對他作出的判決的部

分予以扣押，直至法庭有進一步的命令為止。

(3) 扣押須視乎須予扣押的財產的性質，以就執行付款判決而訂明的扣押財產方式作出。

第 4A 章 - 《高等法院規則》 157

10. 受制於扣押的其他人的權利的保留

(第44A號命令第10條規則)

(1) 扣押不得影響並非訴訟一方的人的權利，如有任何申索在判決前就被扣押的財產而提出，

則須對該申索進行調查，方式須為就調查對被扣押以執行判決的財產所作的申索而訂明者。

(2) 凡財產由判定債務人有所有權的動產組成，但受另一人對該動產的留置權或即時管有的權

利所規限，則扣押須藉禁止管有人將財產交給判定債務人或任何其他人的書面命令而作出。

11. 保證一經提供扣押即告解除(第44A號命令第11條規則)

在於判決前作出扣押的案件中，一經被告人提供所規定的保證及扣押所涉訟費的保證，法庭即

須解除扣押。

12. 由於扣押不具充分理由而將補償判給被告人的權力

(第44A號命令第12條規則)

(1) 如法庭覺得扣押的申請並無充分理由，或如訴訟已被撤銷，或判原告人敗訴的判決是因原

告人欠缺行動或其他理由而作出，並如法庭覺得並無頗有可能的理由提起訴訟，則法庭可應被告人

在判決宣告之前或之時提出的申請，就被告人因扣押而蒙受的任何損害或損失，判令原告人須給予

被告人法庭認為合理的補償：但法庭不得根據本條規則，判給一筆較法庭有權在就損害賠償提出的

訴訟中判給的款項為多的款項以作補償。

(2) 根據本條規則判給補償，即禁止就該項扣押提出任何要求損害賠償的訴訟。

命令： 45 判決及命令的強制執行：一般規定 L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

判決及命令的強制執行

1. 支付款項的判決等的強制執行(第45號命令第1條規則)

(1) 除本規則另有規定外，支付款項的判決或命令，如並非向法院繳存款項的判決或命令，可

用以下一種或多於一種方法強制執行，即─

(a) 扣押債務人財產令狀；

(b) 第三債務人的法律程序；

(d) 委任接管人；

(e) (如屬第5條規則適用的案件)交付羈押令；

(f) (在上述案件中)暫時扣押令狀；

(香港)(g) 根據第49B號命令作出的監禁令。

(2) 除本規則的條文另有規定外，向法院繳存款項的判決或命令可用以下一種或多於一種方法

強制執行，即─

(a) 委任接管人；

(b) (如屬第5條規則適用的案件)交付羈押令；

(3) 第(1)及(2)款不損害任何其他可用於強制執行該兩款所述判決或命令的補救，亦不損害任

第 4A 章 - 《高等法院規則》 158

何關於破產或公司清盤的成文法律。 (2008年第152號法律公告)

(4) 在本命令中，凡提述任何令狀之處，須解釋為包括提述任何為協助首述令狀而發出的進一

步令狀。

3. 管有土地的判決的強制執行(第45號命令第3條規則)

(1) 除本規則的條文另有規定外，給予土地的管有的判決或命令可用以下一種或多於一種方法

強制執行，即─

(a) 管有令狀；

(b) (如屬第5條規則適用的案件)交付羈押令；

(2) 強制執行一項給予任何土地的管有的判決或命令的管有令狀，除非是在第88號命令適用的

按揭訴訟中作出，否則未經法庭許可不得發出。

(3) 除非有證明顯示，實際管有該土地的全部或任何部分的每一人，均已接獲關於有關的法律

程序的通知，而該通知是法庭覺得足以使他們向法庭申請他們可能有權獲得的任何濟助的，否則不

得批予該項許可。

(4) 強制執行一項判決或命令的管有令狀，可包括用以強制執行該項判決或命令所判決或命令

須作出的任何付款的規定。

4. 交付貨物的判決的強制執行(第45號命令第4條規則)

(1) 除本規則的條文另有規定外，交付任何貨物的判決或命令，如並不給予判決或命令所針對

的人有支付該等貨物的經評估價值的選擇，可用以下一種或多於一種方法強制執行，即─

(a) 追討貨物且不准以追討其經評估價值為代替的交付令狀(在本條規則中稱為“強制交付

令狀”)；

(b) (如屬第5條規則適用的案件)交付羈押令；

(2) 除本規則的條文另有規定外，交付貨物或支付該等貨物的經評估價值的判決或命令，可用

以下一種或多於一種方法強制執行，即─

(a) 追討貨物或其經評估價值的交付令狀；

(b) 按法庭命令而發出的強制交付令狀；

要求根據(b)段作出命令的申請，須藉傳票提出，而儘管第65號命令第9條規則已有規定，傳票仍須

送達所尋求予以強制執行的判決或命令所針對的被告人。

(3) 強制執行一項判決或命令的強制交付令狀，及追討任何貨物或該等貨物的經評估價值的交

付令狀，可包括用以強制執行該項判決或命令所判決或命令須作出的任何付款的規定。

(4) 判令支付任何貨物的經評估價值的判決或命令，可用強制執行任何其他付款的判決或命令

的同一方法強制執行。

5. 作出或不作出任何作為的判決的強制執行

(第45號命令第5條規則)

(1) 凡─

(a) 任何人被一項判決或命令規定須在該項判決或命令所指明的時限內作出某項作為，而

第 4A 章 - 《高等法院規則》 159

該人在該段時限內或在根據第3號命令第5條規則予以延展或縮短的該段時限內(視屬何

情況而定)，拒絕或忽略作出該項作為，或

(b) 任何人不服從一項規定他不作出某項作為的判決或命令，

則除本規則的條文另有規定外，該項判決或命令可用以下一種或多於一種方法強制執行，即─

(i) 在法庭許可下，針對該人的財產的暫時扣押令狀；

(ii) 凡該人為法人團體，則為在法庭許可下，針對該團體的任何董事或其他高級人員

的財產的暫時扣押令狀；

(iii) 針對該人的交付羈押令，或凡該人為法人團體，則為針對任何該等高級人員的交

付羈押令。

(2) 凡判決或命令規定某人須在判決或命令所指明的時限內作出某項作為，而後來有命令根據

第6條規則作出，規定該項作為須於另一段時限內作出，則本條規則第(1)款提述判決或命令之處，

須解釋為提述根據第6條規則作出的命令。

(3) 凡規定須交付任何貨物的判決或命令針對某人執行，而該人根據該項判決或命令，可選擇

支付該等貨物的經評估價值，則該項判決或命令不得藉著根據第(1)款作出的交付羈押令而予以強制

執行，但法庭可應有權強制執行該判決或命令的人的申請，作出命令規定首述的人須在命令所指明

的時限內，向申請人交付該等貨物，而該命令即可如此強制執行。

6. 規定須作出作為的判決等：定出作出作為的時限的

命令(第45號命令第6條規則)

(1) 即使規定某人須作出某項作為的判決或命令有指明須作出該項作為的時限，法庭在不損害

第3號命令第5條規則的原則下，仍具有權力作出命令，規定該項作為須在另一段在該命令送達之後

的時限內作出，或在該命令所指明的其他時限內作出。

(2) 儘管第42號命令第2(1)條規則已有規定，凡一項規定某人須作出某項作為的判決或命令沒

有指明須作出該項作為的時限，或該項判決或命令因第42號命令第2(2)條規則而沒有指明該段時

限，則法庭仍具有權力在後來作出命令，規定該項作為須在該命令所指明的某段在該命令送達後的

時限內或在該命令所指明的其他時限內作出。

(3) 要求根據本條規則作出命令的申請，必須藉傳票提出，而儘管第65號命令第9條規則已有規

定，該傳票仍必須送達被規定須作出有關作為的人。

7. 判決等文本的送達，根據第5條規則作出強制執行的

先決條件(第45號命令第7條規則)

(1) 在本條規則中，凡提述命令之處，須解釋為包括提述判決。

(2) 除第24號命令第16(3)條規則、第26號命令第6(3)條規則及本條規則第(6)及(7)款另有規定

外，不得根據第5條規則強制執行一項命令，但屬以下情況者不在此限─ (1994年第103號法律公

告)

(a) 該命令的文本已面交送達被規定須作出或不作出有關作為的人，並且

(b) 如命令是規定某人須作出某項作為者，則命令的文本已在該人被規定須作出該項作為

的時限屆滿前如此送達。

(3) 除如上文所述另有規定外，一項規定某法人團體須作出或不作出某項作為的命令，不得採

用第5(1)(ii)或(iii)條規則所述的方法強制執行，但屬以下情況者不在此限─

(a) 該命令的文本亦已面交送達有關高級人員(其財產是被人尋求許可發出暫時扣押令狀所

針對的，或該高級人員是被人尋求作出交付羈押令所針對的)，並且

第 4A 章 - 《高等法院規則》 160

(b) 如命令是規定該法人團體作出某項作為者，則命令的文本已在該法人團體被規定須作

出該項作為的時限屆滿前如此送達。

(4) 根據本條規則送達的命令文本必須註有一項通知，通知獲送達該文本的人─

(a) (如屬根據第(2)款作出的送達)如他在文本指明的時限內忽略服從該命令，或(如該命

令是不作出某項作為)如他不服從該命令，則可針對他進行執行的法律程序，以強迫他

服從該命令，及

(b) (如屬根據第(3)款作出的送達)如有關法人團體在如此指明的時限內忽略服從該命令，

或(如該命令是不作出某項作為)如有關法人團體不服從該命令，則可針對他進行執行

的法律程序，以強迫有關法人團體服從該命令。

(5) 根據本條規則須予送達的命令，如屬規定某人須作出某項作為的命令，則在送達其文本

時，亦須送達根據第3號命令第5條規則作出的延展或縮短作出該項作為的時限的命令的文本；而凡

首述命令是根據本命令第5(3)或6條規則作出的，則亦須送達規定須作出該項作為的先前命令的文

本。

(6) 一項規定某人不作出某項作為的命令，即使其文本的送達尚未按照本條規則完成，如法庭

信納被人尋求針對其本人或其財產執行該命令的人，在等待該項送達期間已藉下列方法獲得關於該

命令的通知，則仍可根據第5條規則強制執行─

(a) 在該命令作出時在場，或

(b) 獲通知該命令的條款，不論是藉電話、電報或其他方法獲得通知。

(7) 法庭在不損害其根據第65號命令第4條規則具有的權力的原則下，如認為如此行事屬於公

正，可免除根據本條規則就某項命令的文本作送達。

8. 法庭可命令作出作為的開支由不服從命令的一方支付

(第45號命令第8條規則)

如一項履行義務令、強制性命令、強制令或判令強制履行一項合約的判決或命令未獲遵從，則

法庭在不損害其以藐視罪處罰不服從的一方的權力的原則下，可指示規定須作出的作為，在切實可

行範圍內，可由取得該項命令或判決的一方或法庭所委任的另一人作出，費用由不服從的一方支

付，而該項作為一經作出，所招致的開支可按法庭指示的方式予以確定，並可就經如此確定的款項

及就訟費而針對不服從的一方發出執行程序文件。

9. 由或針對並非一方的人作出的執行

(第45號命令第9條規則)

(1) 任何並非訟案或事宜的一方的人，如取得任何命令或有任何判他勝訴的命令作出，即猶如

他是一方一樣而有權藉相同的法律程序強制執行對該命令的服從。

(2) 任何並非訟案或事宜的一方的人，如可被人針對他強制執行對任何判決或命令的服從，即

猶如他是一方一樣而可被人針對他進行相同的法律程序，以強制執行對該判決或命令的服從。

10. 有條件的判決：放棄(第45號命令第10條規則)

根據任何判決或命令在履行任何條件後即有權獲得任何濟助的一方，如沒有履行該條件，則須

當作已放棄該判決或命令的利益，而除非法庭另有指示，否則任何其他有利害關係的人，均可進行

按該判決或命令有理由進行的法律程序或假若該判決或命令未有作出本可進行的法律程序。

第 4A 章 - 《高等法院規則》 161

11. 判決後發生的事宜：擱置執行等

(第45號命令第11條規則)

在不損害第47號命令第1條規則的原則下，凡有任何判決或命令針對任何一方作出，該一方可以

該判決或命令的日期後所發生的任何事宜為理由，向法庭申請擱置執行該判決或命令或申請其他濟

助，而法庭可藉命令批予該濟助，並可施加其認為公正的條款。

12. 令狀的格式(第45號命令第12條規則)

(1) 扣押債務人財產令狀必須視乎個別情況而採用附錄A表格53至63中適用的格式。

(2) 交付令狀必須採用附錄A表格64或65的格式，以適用者為準。

(3) 管有令狀必須採用附錄A表格66或66A的格式。

(4) 暫時扣押令狀必須採用附錄A表格67的格式。

13. 追討款項等的判決及命令的強制執行

(第45號命令第13條規則)

(1) 本命令第1(1)條規則(略去(e)及(f)段)及第46至51號命令，適用於追討款項的判決或命

令，一如其適用支付款項的判決或命令。

(2) 本命令第3條規則(略去第(1)(b)及(c)款)及第47號第3(2)條規則，適用於追討土地的管有

的判決或命令，一如其適用於給予或交付土地的管有的判決或命令。

(3) 本命令第4條規則(略去第(1)(b)及(c)及(2)(c)款)及第47號命令第3(2)條規則，適用於判

令某人可獲交還任何貨物的判決或命令，及判令某人可獲交還任何貨物或討回該等貨物的經評估價

值的判決或命令，一如其分別適用於交付任何貨物的判決或命令以及交付任何貨物或支付其經評估

的價值的判決或命令。

14. 法庭命令即時作執行的權力(第45號命令第14條規則)

(香港)(1) 法庭在作出判決時，可應獲判勝訴的一方的口頭申請，命令無須發出執行令狀而即時執

行該判決(關於訟費的部分除外)，並可命令判決中關於訟費的部分須在訟費的款額藉訟費評定予以

確定後立即執行。

(2) 即時執行的命令須以書面作出，並且是執達主任即時著手針對被判敗訴的一方的財產執行

判決的足夠權力憑證：但取得該命令的一方在切實可行範圍內，隨後須盡快遵從第46號命令第6條規

則的規定：又但如該命令所針對的一方使法庭信納他有足夠經濟能力並擬遵行判決，法庭可撤銷即

時執行的命令。

15. 針對死者的代表的付款判決(第45號命令第15條規則)

(香港) 如判決是針對作為死者的代表的一方作出並判款項須由死者的財產撥付，該判決可藉扣押及

出售任何該等財產而執行；或如未能尋獲該等財產，而被告人亦未能使法庭信納他已將證明已歸他

管有的死者的財產妥為運用，則判決可針對被告人執行(以該等未有由被告人妥為運用的財產為

限)，方式猶如判決是針對他本人作出的一樣。

16. 交相付款判決的執行(第45號命令第16條規則)

第 4A 章 - 《高等法院規則》 162

(香港) 如在相同的各方之間有交相付款判決作出，則執行只能由取得較大款額判決的一方作出，並

只能就扣除較小款額後的餘款作出；對較小款額的清償，除須在較小款額的判決登錄外，亦須在較

大款額的判決登錄，如兩筆款額相同，則須在兩者的判決登錄清償。

17. 由有權利的多人中的一人申請許可發出執行程序文件

(第45號命令第17條規則)

(香港)(1) 如判決是判多於一人共同勝訴，該等人士中的任何一人或多人，或該一人或多人的代

表，可為使全部人得益，或如他們當中有任何人已去世，則可為使尚存者及代表死者權益的代表得

益，向法庭申請許可發出執行程序文件以執行整項判決。

(2) 法庭如批予該項許可，須作出其認為適合的命令，以保障並無加入申請的人的權益。

命令： 46 執行令狀：一般規定 L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

1. 定義(第46號命令第1條規則)

在本命令中，除文意另有所指外，“執行令狀”(writ of execution) 包括扣押債務人財產令

狀，管有令狀、交付令狀、暫時扣押令狀及任何為協助任何前述令狀的進一步令狀。 (見附錄A表

格69)

2. 發出任何執行令狀須取得許可的情況

(第46號命令第2條規則)

(1) 如無法庭許可，不得在以下情況發出執行令狀以強制執行判決或命令，即─

(a) 自判決或命令的日期起已過去6年或以上；

(b) 根據判決或命令有權作出執行或可被人針對其作出執行的各方，不論是因死亡或其他

原因，已有任何變化發生；

中的死者資產，而有人尋求針對該等資產發出執行程序文件；

(d) 根據判決或命令，任何人如履行某些條件即有權獲得濟助，而有人聲稱該等條件已獲

履行；

(e) 被人根據執行令狀尋求檢取的貨物，現正在法庭所委任的接管人或暫時扣押人的手

中。

(2) 第(1)款不損害下述的成文法律或規則，即憑藉有關成文法律或規則某人須向法庭取得許

可，以發出執行令狀或著手執行或強制執行一項判決或命令。 (2008年第152號法律公告)

(3) 凡法庭批予許可(不論是根據本條規則或其他依據)發出執行令狀，而該令狀在批予該項許

可的命令的日期後一年內仍未發出，則該命令不再具有效力，但此事不損害新命令的作出。

3. 發出協助其他令狀的令狀須取得許可

(第46號命令第3條規則)

如無法庭許可，不得發出協助任何其他執行令狀的執行令狀。

第 4A 章 - 《高等法院規則》 163

4. 申請許可發出令狀(第46號命令第4條規則)

(1) 除非法庭指示，要求批予許可發出執行令狀的申請須藉傳票提出，否則申請可單方面提

出。

(2) 申請必須由誓章支持，誓章須─

(a) 識別申請所關乎的判決或命令，如該判決或命令是判令付款者，則述明根據該判決或

命令原本到期須付的款額及在該申請的日期根據該判決或命令到期須付的款額；

(b) (凡屬第2(1)(a)條規則的情況)述明強制執行該判決或命令有所延遲的原因；

針對其作出執行的各方所發生的變化；

(d) (凡屬第2(1)(c)或(d)條規則的情況)述明曾要求有法律責任履行該判決或命令的人履

行該判決或命令，而該人已拒絕或沒有如此行事；

(e) 提供其他所需資料，令法庭信納申請人有權著手執行有關判決或命令，並信納被人尋

求針對他發出執行程序文件的人，是可被人針對他而執行有關判決或命令的。

(3) 聆訊申請的法庭，可按照申請而批予許可，或可命令任何有必要作出決定以裁定各方權利

的爭論點或問題，須以在一宗訴訟中出現的任何事實或法律問題的審訊方式審訊；而在任何一種情

況中，法庭均可施加其認為公正的關於訟費或其他方面的條款。

5. 申請許可發出暫時扣押令狀(第46號命令第5條規則)

(1) 儘管第2及4條規則已有規定，要求批予許可發出暫時扣押令狀的申請，仍必須藉傳票向法

官提出。

(2) 除第(3)款另有規定外，述明申請理由並附同支持申請的誓章文本的傳票，必須面交送達被

人尋求針對其財產發出暫時扣押令狀的人。

(3) 在不損害法庭根據第65號命令第4條規則具有的權力的原則下，法庭如認為如此行事屬於公

正，可免除根據本條規則作送達。

(4) 要求批予許可發出暫時扣押令狀的申請，如屬假若該申請是就交付羈押令作出法官本有權

憑藉第52號命令第6條規則以非公開形式進行聆訊的情況，則聆訊申請的法官可以非公開形式進行聆

訊，但除屬此情況外，申請須在公開法庭進行聆訊。

(1998年第25號第2條；2008年第152號法律公告)

6. 執行令狀的發出(第46號命令第6條規則)

(1) 執行令狀一經司法常務官蓋章即屬發出。

(2) 在令狀發出前，必須將關於發出該令狀的便箋送交存檔。

(3) 便箋必須由有權作出執行的人的律師或該律師的代表簽署，或如該人是親自行事，則必須

由該人簽署。

(4) 該令狀除非在提交蓋章時屬以下情況，否則不得予以蓋章─

(a) 提交人交出─

(i) 該令狀是就之而發出的判決或命令或其正式文本，

(ii)(凡該令狀是無法庭許可不得發出者)批予許可發出該令狀的命令或批予該項許可

的證據；及

(b) 司法常務官信納有關判決或命令所指明的根據有關判決或命令須作出任何付款或作出

任何其他作為的時限(如有的話)已經屆滿。

第 4A 章 - 《高等法院規則》 164

(5) 每一份執行令狀均須載有其發出之日的日期。

8. 執行令狀的期限及續期(第46號命令第8條規則)

(1) 就執行而言，執行令狀初步有效12個月，由其發出的日期起計。

(2) 凡任何令狀未有完全執行，如有延期申請在該令狀的有效期本會屆滿的日期之前或法庭所

容許的更後日期(如有的話)提出，則法庭可藉命令不時將令狀的有效期延展，每次為期12個月，由

作出命令的日期起計。

(3) 其有效期已根據第(2)款予以延展的令狀，在執行前必須加蓋法院的印章，示明延展其有效

期的命令的作出日期，或該命令的申請人必須向該令狀所致予的執達主任送達一份已如上所述般蓋

章的通知書(採用附錄A表格71的格式)，通知執達主任該命令已作出及該命令的作出日期。 (1990

年第363號法律公告)

(4) 其有效期已根據本條規則予以延展的令狀，其優先次序須參照令狀原先交付執達主任的日

期而決定。

(5) 凡交出執行令狀或第(3)款所述的通知書，而兩者均看來是已如該款所述般蓋章，即為該令

狀或該通知書所提述的令狀(視屬何情況而定)的有效期已根據第(2)款予以延展的證據。 (1990年

第363號法律公告)

(6) 如在執行令狀的有效期內，有互爭權利訴訟的傳票就根據該令狀作出的執行而發出，則該

令狀的有效期須予延展，直至自互爭權利訴訟的法律程序完結起計12個月屆滿之時為止。 (1991年

第404號法律公告)

9. 執行令狀的回報(第46號命令第9條規則)

(1) 凡執行令狀是應一方所請或是針對一方而發出，該一方可向令狀所致予的執達主任送達通

知書，要求執達主任在通知書指明的時限內，在令狀上註明一項關於他執行該令狀的方式的陳述，

並將該項陳述的文本一份送交該一方。 (1990年第363號法律公告)

(2) 如獲送達通知書的執達主任沒有遵從通知書的規定，送達通知書的一方可向法庭申請命

令，指示執達主任須遵從通知書的規定。

(3) (由1991年第404號法律公告廢除)

命令： 47 扣押債務人財產令狀 L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

1. 藉扣押債務人財產令狀而擱置執行的權力

(第47號命令第1條規則)

(1) 凡有判決或命令作出，判令某人須支付一筆款項，而在判定債務人或另一方(執行可針對該

另一方作出的)於該判決或命令作出時或其後任何時間提出申請後，法庭信納─

(a) 有特殊情況不宜強制執行該判決或命令，或

(b) 申請人由於任何因由不能支付該筆款項，

則儘管第3條規則已有規定，法庭仍可藉命令無條件擱置以扣押債務人財產令狀的方式而執行該判決

或命令，或命令該判決或命令須在法庭認為適合的期間，按法庭認為適合的條件而擱置如此執行。

(2) 根據本條規則提出的申請，如非在判決或命令作出時提出，則必須藉傳票提出，並即使執

行可針對其作出的一方未有對在訴訟中發出的令狀或原訴傳票作送達認收，或未有在其送達認收書

內述明他擬依據第13號命令第8條規則而根據本條規則申請擱置，申請仍可如此提出。 (2008年第

第 4A 章 - 《高等法院規則》 165

152號法律公告)

(3) 藉傳票提出的申請必須由申請人作出的誓章或為申請人作出的誓章支持，誓章須述明申請

的理由以及證實該等理由所需的證據，凡申請是以申請人無能力付款為理由而作出，則須特別披露

申請人的收入、申請人的任何財產的性質和價值以及申請人的任何其他債務的款額。

(4) 有關傳票和用以支持的誓章的文本一份，必須在回報日前4整天或之前送達有權強制執行判

決或命令的一方。

(5) 根據本條規則作出擱置執行的命令，可由一項後來的命令更改或撤銷。

3. 以不同的令狀強制執行訟費等(第47號命令第3條規則)

(1) 凡只判決或命令須支付一筆款項及須予評定的訟費，而當該筆款項根據判決或命令到期須

予支付時訟費仍未評定，則有權強制執行判決或命令的一方，可發出扣押債務人財產令狀以強制執

行該筆經判決或命令的款項(訟費除外)的支付，並可在已發出令狀8天或之後，發出第二份令狀以強

制執行經評定的訟費的支付。

(2) 有權強制執行一項交付任何財產(金錢除外)的管有的判決或命令的一方，如作此選擇，可

發出另一份扣押債務人財產令狀，以強制執行該判決或命令所判給他的任何損害賠償或訟費。

6. 命令出售以執行判決(第47號命令第6條規則)

(香港)(1) 為執行判決而作出的每項出售，須根據司法常務官的指示作出，並須按照法庭應下述的

人的申請作出的命令(如有的話)而進行，即執行令狀是應其所請而發出的人，而有關出售是會根據

該令狀作出的，或該令狀發出所針對的人，或獲發給該令狀的執達主任。如並無任何該等申請提

出，則有關出售須藉公開拍賣作出。

(2) 該等申請必須藉傳票提出，而傳票則必須載有一項關於申請理由的簡短陳述。

(3) 凡要求根據本條規則作出命令的申請人並非執達主任，則執達主任在申請人提出要求時，

必須向申請人送交一份載有屬下述情況的每一人的姓名或名稱以及地址的名單，即針對判定債務人

的貨物作出的任何其他執行令狀是應其所請而發出並交付執達主任的每一人(在本條規則中，該名單

稱為“執達主任名單”)；又凡執達主任為申請人，則執達主任必須擬備該名單。

(4) 申請人必須在回報日前4整天或之前，向本有可能提出申請的其他每一人及執達主任名單上

指名的每一人送達有關傳票。

(香港)(5) 凡債務人的任何貨物在執行時被扣押，而執達主任已知悉有另一宗執行或其他執行，則

法庭不得考慮藉拍賣以外方式進行的出售申請，直至有關傳票已向執達主任名單上的人完成送達為

止。

(6) 申請進行聆訊時，申請人必須向法庭交出執達主任名單。

(7) 獲送達有關傳票的每一人，均可於申請進行聆訊時出席並獲得聆聽。

(香港)7. 關於出售不動產的特別規則

(第47號命令第7條規則)

(1) 由出售任何不動產以執行判決的日期起計10天內，可在任何時間向法庭提出申請，以該項

出售在進行上出現任何具關鍵性的不符合規定情況為理由而要求將該項出售作廢；但除非申請人提

出證明，令法庭信納他已因該不符合規定情況而蒙受實質損害，否則法庭不得以該不符合規定情況

為理由而將該項出售作廢。

(2) (a) 如無該申請提出，該項出售須當作為絕對。

第 4A 章 - 《高等法院規則》 166

(b) 如有該申請提出而反對又不獲批准，法庭須作出命令確認該項出售。

而將該項出售作廢。

(3) 每當不動產的出售因出現不符合規定情況而作廢時，購買人有權連同利息或不連同利息收

回他因該項出售而交存或支付的任何款項，該筆款項須由法庭認為恰當的各方按法庭認為恰當的方

式支付。

(4) (a) 在不動產的出售按前述方式成為絕對後，法庭須發給在該項出售中被宣布為購買人的

人一份證明書，表明該人已購入判定債務人在已出售的物業中所擁有的權利、業權及

權益。

(b) 該份證明書可被徵收與同一物業的轉讓契相同的印花稅，且在如前述般妥為加蓋印花

後，須視為及當作為上述權利、業權及權益的有效轉讓，並可根據《土地註冊條例》

(第128章)在土地註冊處註冊。 (1993年第8號第30條)

(5) (a) 凡已出售的物業是由下述的人所佔用的不動產組成，即判定債務人，或代表債務人的

某人，或在判定債務人在該物業被扣押後設定的業權之下作申索的某人，法庭即須在

購買人提出申請時，命令作出該物業的交付，方式是將該物業交由物業所售予的一方

或該一方指定代其接收交付的任何人管有，並在有必要時將拒絕搬離該物業的任何人

移走。

(b) 凡已出售的物業是由不動產組成，而該不動產被任何其他有權佔用它的人所佔用，則

法庭須在購買人提出申請時，命令將該物業交付，方式是在該物業或法院大樓的顯眼

地方張貼一份出售證明書。

(6) (a) 如儘管法庭已作出命令，任何已在執行判決時出售的不動產的購買人在取得該不動產

的管有時仍受到仍受到反抗或妨礙，則本命令關於就不動產執行判決受到反抗或妨礙

的條文，在有該反抗或妨礙發生時須得適用。

(b) 如就交付管有而發生的反抗或妨礙看來是由判定債務人以外的人作出，而該人聲稱以

所有人、承按人或承租的身分或根據任何其他業權對已出售的物業有管有的權利，或

如在將管有交付購買人時，任何該等作前述聲稱的人被剝奪對該物業的管有，則在購

買人或該作前述聲稱的人提出申訴時，如該申訴是在該反抗或妨礙或該剝奪管有(視屬

何情況而定)的日期起計1個月內提出的，法庭須就申訴事宜進行查訊，並作出就有關

案件情況而言屬於恰當的命令。

立其權利。

(香港)8. 關於出售動產的特別規則(第47號命令第8條規則)

(1) (a) 凡已出售的財產是由動產組成，而判定債務人正管有或有權即時管有該財產，且該財

產又已被實際檢取，則該財產須交付購買人。

(b) 凡已出售的財產由判定債務人有所有權的動產組成，但受任何人對該財產的留置權或

即時管有的權利所規限，則向購買人作出的交付，在切實可行範圍內，其方式須為由

執達主任向管有的人發出通知，禁止該人將財產的管有交付購買人以外的任何人。

(2) 凡已出售的財產由債項(但非可流轉票據)或任何公眾公司或法團的股份組成，法庭在購買

人提出申請時，須作出命令，禁止判定債務人收取該等債項，並禁止判定債務人的債務人就該等債

項向購買人以外的任何人作出付款，或禁止該等股份是以其名義持有的人將該等該股份轉讓給購買

人以外的任何人或收取該等股份的任何派息，亦禁止該公眾公司或法團的經理、秘書或其他恰當的

高級人員批准向購買人以外的任何人作出任何該等轉讓或作出任何該等付款。

第 4A 章 - 《高等法院規則》 167

(3) 凡已出售的財產由可流轉票據組成，而該票據已被實際檢取，該票據須交付購買人。

(4) (a) 如為使執行一項判決所作出的任何出售有效，在法律上有需要由某公眾公司或法團的

任何股份是以其名義持有的人簽立一份轉讓書，或由任何人將任何可流轉票據背書，

或由任何人簽立任何關於不動產或其任何權益的契據或其他文書，則司法常務官在法

庭許可下，可─

(i) 簽立該轉讓書；或

(ii)背書該可流轉票據；或

(iii) 簽立該契據或其他文書。

(b) 司法常務官簽立該轉讓書、背書該可流轉票據及簽立該契據或其他文書，所具效力與

需要作出前述簽立或背書的人作出的簽立及背書所具者相同。

或可流轉票據到期應付的任何派息或利息。

命令： 48 對判定債務人進行訊問等 L.N. 108 of 2002 28/06/2002

1. 對判定債務人進行訊問的命令(第48號命令第1條規則)

(1) 凡某人已取得判令另一人(下稱“判定債務人”)支付款項的判決或命令，法庭可應有權強

制執行該判決或命令的人單方面提出的申請，命令判定債務人，或如判定債務人為法人團體，則命

令其一名高級人員，到司法常務官或法庭指定的人員席前，就以下問題接受口頭訊問─

(a) 是否有欠判定債務人任何債項及如有的話，則債項為何，及

(b) 判定債務人是否有任何其他財產或經濟能力履行該判決或命令，及如有的話，則該等

財產或經濟能力為何，

法庭並可命令判定債務人或該高級人員，在指定的訊問時間及地點，交出判定債務人所管有的任何

與前述問題有關的簿冊或文件。

(2) 根據本條規則作出的命令，必須面交送達判定債務人及任何被命令出席以接受訊問的法人

團體的高級人員。

(3) 根據本條規則在司法常務官或指定人員席前進行訊問的過程中出現的任何難題，包括關於

接受訊問的人回答任何向他提出的問題的義務的任何爭議，可轉交法官處理，而法官則可裁定該難

題或就裁定該難題作出他認為適合的指示。 (1998年第25號第2條)

2. 對有法律責任履行其他判決的一方進行訊問

(第48號命令第2條規則)

凡在強制執行任何判決或命令(第1條規則所述的判決或命令除外)時出現任何難題，或有任何與

此有關的難題出現，法庭可根據該條規則作出命令，命令有法律責任履行該判決或命令的一方出席

訊問，並就該命令指明的問題接受訊問，而該條規則須在加以必要的變通後據此適用。

3. 記錄判定債務人在訊問時提供的證據

(第48號命令第3條規則)

進行訊問的司法常務官或人員，須安排將判定債務人或其他人在訊問時提供的證據，以速記方

式或以機械、電子或光學器材或其他方法記錄。

(2002年第108號法律公告)

第 4A 章 - 《高等法院規則》 168

命令： 49 第三債務人的法律程序 L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

1. 就欠判定債務人的債項作扣押(第49號命令第1條規則)

(1) 凡某人(在本命令中稱為“判定債權人”)已取得一項判令另一人(在本命令中稱為“判定債

務人”)支付一筆價值最少達$1000的款項的判決或命令(並非判令將款項繳存法院的判決或命令)，

而在本司法管轄權範圍內有任何其他人(在本命令中稱為“第三債務人”)欠判定債務人債項，則除

本命令及任何成文法律的條文另有規定外，法庭可命令第三債務人將他欠或累算欠判定債務人的任

何債項款額付給判定債權人，或支付該債項中足以履行該判決或命令以及第三債務人的法律程序的

訟費的款額。 (見附錄A表格72-74) (2008年第152號法律公告)

(2) 根據本條規則作出的命令，初步須為着令提出反對因由的命令，指明進一步考慮有關事宜

的時間及地點，並與此同時就第(1)款所述的債項或該債項中所指明的部分作扣押，以應付該款所述

判決或命令以及第三債務人的法律程序的訟費的款額。

2. 申請命令(第49號命令第2條規則)

要求根據第1條規則作出命令的申請，必須單方面提出並由誓章支持，誓章須─

(a) 述明判定債務人的姓名或名稱及最後為人所知的地址，

(b) 識別須強制執行的判決或命令，並述明在申請提出時根據該判決或命令尚未支付的款

項，

(ba) 在尚未根據有關判決或命令支付的款項是贍養費欠款的情況下，述明—

(i) 判定債權人根據《未成年人監護條例》(第13章)第20A(2)條、《分居令及贍養令

條例》(第16章)第9B(2)條、《婚姻訴訟條例》(第179章)第53A(2)條或《婚姻法

律程序與財產條例》(第192章)第28AA(2)條(視屬何情況而定)有權就該贍養費欠

款而獲付的利息；及

(ii)根據《未成年人監護條例》(第13章)第20B(1)條、《分居令及贍養令條例》(第16

章)第9C(1)條、《婚姻訴訟條例》(第179章)第53B(1)條或《婚姻法律程序與財產

條例》(第192章)第28AB(1)條(視屬何情況而定)須就該贍養費欠款而支付的附加

費； (2003年第18號第13條)

判定債務人債項，並述明宣誓人的資料來源或所信之事的理由，及

(d) (如第三債務人是一間擁有多於一處營業地點的銀行)述明相信有判定債務人戶口開立

的分行的名稱及地址，或如宣誓人對上述資料並不知情，則須如此述明。

3. 着令提出反對因由的命令的送達及效力

(第49號命令第3條規則)

(1) 除非法庭另有指示，否則根據第1條規則作出的着令提出反對因由的命令必須─

(a) 在該命令所指定的進一步考慮有關事宜的日期前15天或之前面交送達第三債務人，及

(b) 在該命令已送達第三債務人後7天或之後並在指定進一步考慮有關事宜的日期前7天或

之前送達判定債務人。

(2) 由該命令送達第三債務人之時起，該命令即對第三債務人手中為該命令所指明的任何債項

或該債項中為該命令指明的部分，具有約束力。

第 4A 章 - 《高等法院規則》 169

4. 第三債務人不出庭或對法律責任無爭議

(第49號命令第4條規則)

(1) 凡在進一步考慮有關事宜時，第三債務人不出庭或對他欠或被指稱欠判定債務人的債項無

爭議，法庭可根據第1條規則，針對第三債務人作出一項絕對命令。 (見附錄A表格73、74)

(2) 根據第1條規則針對第三債務人作出的絕對命令，可以與強制執行任何其他支付款項的命令

相同的方式予以強制執行。

5. 第三債務人對法律責任有爭議(第49號命令第5條規則)

凡在進一步考慮有關事宜時，第三債務人對償付他欠或被指稱欠判定債務人的債項的法律責任

有爭議，法庭可循簡易程序就有爭論的問題作裁定，或可命令就第三債務人法律責任作裁定所需考

慮的任何問題，須以審訊訴訟中的任何問題或爭論點的方式審訊，而如法庭命令審訊須在聆案官席

前進行則可無須各方同意而作此命令。

6. 第三者的申索(第49號命令第6條規則)

(1) 如在第三債務人的法律程序中，法庭獲悉另一名並非判定債務人的人，對被尋求就其作扣

押的債項有權利或聲稱有權利，或在該債項上有或聲稱有一項押記或留置權，則法庭可命令該人在

法庭席前出席，並述明其申索的性質及詳情。

(2) 法庭在聆聽遵從根據第(1)款作出的命令而在法庭席前出席的人後，可循簡易程序就申索人

之間所爭論的問題作裁定，或作出其認為公正的其他命令，包括命令裁定第(1)款所述的並非判定債

務人的人的申索是否有效所需考慮的任何問題或爭論點須以第5條規則所述方式審訊的命令。

8. 解除第三債務人的法律責任(第49號命令第8條規則)

第三債務人為遵從根據本命令作出的絕對命令而作出的任何付款、和依據該命令針對第三債務

人實施的任何執行，即為第三債務人對判定債務人的法律責任的有效解除，範圍以已付或已被實施

執行的款項為限，而即使第三債務人的法律程序後來作廢，或引致該等法律程序的判決或命令被推

翻，情況亦是如此。

9. 存於法院的款項(第49號命令第9條規則)

(1) 凡存於法院的款項是存於判定債務人的貸方，判定債權人無權就該筆款項進行第三債務人

的法律程序，但可藉傳票向法庭提出申請，要求命令該筆款項或其中足以履行所尋求強制執行的判

決或命令以及該申請的訟費的部分須付給判定債權人。

(2) 該申請所關乎的款項，在申請未有裁定前不得自法院支出。

(3) 除非法庭另有指示，否則該傳票必須在其所列明的聆訊日期前7天或之前送達判定債務人。

(4) 除第75號命令第24條規則另有規定外，聆訊根據本條規則提出的申請的法庭，可就存於法

院的款項，作出其認為公正的命令。

10. 訟費(第49號命令第10條規則)

除非法庭另有指示，否則要求根據第1或9條規則作出命令的申請的訟費及該申請所引致或附帶

第 4A 章 - 《高等法院規則》 170

引起的任何法律程序的訟費，須由判定債權人在其根據該命令討回的款項中優先於判定債項而扣

起。

命令： 49B (香港)以監禁方式執行及強制執行付款判決 L.N. 108 of 2002 28/06/2002

1. 確保出席訊問(第49B號命令第1條規則)

(1) 凡判令須繳付一筆指明款額的款項的判決全部或部分未有履行，法庭在判定債權人提出單

方面申請時，可命令判定債務人須根據第1A條規則接受訊問，並為確保判定債務人在根據第1A條規

則進行的訊問時出席，須作出下列其中一項命令─

(a) 藉一項須予面交送達判定債務人的命令，命令判定債務人須在法庭指定的時間，攜同

法庭指明的文件或紀錄在法庭席前出庭；或

(b) 凡法庭覺得根據案件的所有情況，包括判定債務人的行為操守在內，有合理因由相信

根據(a)段作出的命令，對於確保判定債務人出席訊問可能會無效，則須命令將判定債

務人逮捕並在逮捕之日翌日屆滿前將其帶到法庭席前。

(2) 法庭可應根據第(1)款提出的申請作出命令，禁止判定債務人離開香港。

(3) 凡判定債務人沒有如根據第(1)(a)款作出的命令所命令般出庭，法庭可命令將判定債務人

逮捕並在逮捕之日翌日屆滿前將其帶到法庭席前。

(4) 《釋義及通則條例》(第1章)第71條不適用於本條規則。

(5) 逮捕的命令須採用附錄A表格102的格式。

1A. 對債務人進行訊問(第49B號命令第1A條規則)

(1) 判定債務人在出庭接受訊問時須提供證據，並可由判定債權人及法庭進行經宣誓的訊問，

而法庭則可收取其認為適合的其他證據。

(2) 在接受訊問時，判定債務人須將其所有資產、負債、收入及支出和對任何資產或收入所作

出的處置全面披露，並除法庭另有指示外，須回答所有向其提出的問題。

(3) 凡訊問被押後，法庭須命令判定債務人在訊問恢復進行時出庭，並─

(a) 可命令禁止判定債務人離開香港；或

(b) 凡覺得根據案件的所有情況，包括其所聆聽的任何證據及判定債務人的行為操守在

內，有合理因由相信判定債務人可能不會在訊問恢復進行時出庭，可命令將判定債務

人監禁直至訊問恢復進行為止。

(4) 根據第(3)(b)款作出的命令，須採用附錄A表格103的格式。

1AA.記錄判定債務人在訊問時提供的證據

(第49B號命令第1AA條規則)

法庭須安排將判定債務人在根據第1A條規則進行的訊問時提供的證據，以速記方式或以機械、

電子或光學器材或其他方法記錄。

(2002年第108號法律公告)

1B. 法庭在訊問後所具有的權力(第49B號命令第1B條規則)

(1) 凡在根據第1A條規則或根據第48號命令進行的訊問後，法庭信納判定債務人─

(a) 能夠全部或部分履行判決；或

第 4A 章 - 《高等法院規則》 171

(b) 已對資產作出處置，目的在於逃避全部或部分履行判決，或逃避全部或部分履行屬於

判決標的之法律責任；或

行的訊問中作出全面披露，或故意不回答根據該條規則或該命令規定須回答的任何問

題，

則有酌情決定權，可命令將判定債務人監禁，為期不超逾3個月。

(2) (a) 凡在根據第1A條規則進行的訊問或根據第48號命令進行的訊問後，法庭信納判定債務

人能夠或將會能夠以分期付款或其他方式，全部或部分履行判決，可命令判定債務人

以法庭認為適合的方式履行判決。

(b) 法庭可應申請，無條件或在施加其認為適合的條件下，撤銷、更改或暫停執行根據(a)

段作出的命令。

(3) (a) 凡判定債務人沒有遵從根據第(2)款作出的命令，判定債權人可在給予判定債務人為期

不少於2整天的通知後，向法庭申請作出將判定債務人監禁的命令，而除非判定債務人

提出好的反對因由，否則法庭可命令將判定債務人禁監，為期不超逾3個月。

(b) 儘管第7條規則已有規定，法庭仍可在判定債務人每次沒有遵從根據第(2)款作出的命

令時，命令將其監禁，或在判定債務人持續沒有遵從根據該款作出的命令時，命令將

其監禁多於一次。

(4) 監禁的命令須採用附錄A表格104的格式。

(5) 根據第(3)(a)款提出的申請，須採用附錄A表格105的格式。

(6) 除非法庭有此指示，否則根據第(1)、(2)或(3)款作出的命令不阻止以其他方式執行判決。

(7) 監禁判定債務人的命令，須在公開法庭上作出。

1C. 監禁並不將債項清償(第49B號命令第1C條規則)

根據本命令作出的監禁命令，並不將任何判定債項清償或終絕。

2. 為錢債錢案囚犯提供生活給養津貼

(第49B號命令第2條規則)

當判定債務人因執行判決而被交付監獄，法庭須定出其認為足以維持判定債務人的生活及給養

的每月津貼；該津貼每天不得超逾$660，須由判決是應其所請而執行的人以按月支付的方式上期付

給懲教署署長，而第二次及其後的付款，則須在對上一次付款用罄前7天或之前作出。

(1989年第74號法律公告；1992年第403號法律公告；1994年第167號法律公告；1995年第419號

法律公告)

3. 錢債案囚犯如患重病須移送醫院

(第49B號命令第3條規則)

(1) 如任何因執行判決而被監禁的人患上重病，法庭可在接獲囚禁該人的監獄的公職醫生或政

府衞生署署長證明書後，作出命令將該判定債務人移送醫院，在羈押的情況下接受治療，直至有進

一步的命令為止。 (1989年第76號法律公告)

(2) 在上述情況下，判定債務人在醫院留醫的期間，須當作其監禁期的一部分計算，而其生活

給養費用仍須予以支付，猶如上述命令未有作出一樣。

第 4A 章 - 《高等法院規則》 172

4. 釋放錢債案囚犯(第49B號命令第4條規則)

在執行判決中被逮捕或監禁的每一人，均須於判決已獲全部履行或判決是應其所請而執行的人

提出請求或該人不支付其生活給養費用時，獲得釋放。

5. 生活給養費用的追討(第49B號命令第5條規則)

原告人就在執行判決中被監禁的人的生活給養而支付的所有款項，須加在判決的訟費內，並可

藉扣押及出售判定債務人的財產而予以追討；但不得因任何如此支付的款項而將判定債務人羈押或

逮捕。

6. 執行的訟費的追討(第49B號命令第6條規則)

取得及執行逮捕或監禁的命令或手令的訟費，須加在判決的訟費內，並可據此而予以追討。

7. 釋放錢債案囚犯的後果(第49B號命令第7條規則)

除第1B(3)(b)條規則另有規定外，當任何在執行判決中被監禁的人已獲釋放，即不得因同一判

決而再將他監禁，但其財產仍繼續可根據一般規則予以扣押及出售，直至該判決已獲全部履行為

止。

8. “判定債權人”的涵義(第49B號命令第8條規則)

在本命令中，“判定債權人”(judgment creditor) 包括任何有權強制執行判決的人。

命令： 50 押記令、停止令等 L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

1. 對實益權益施加押記的命令(第50號命令第1條規則)

(2) 判定債權人要求就判定債務人的實益權益作出押記令的申請，可單方面提出，而應申請作

出的任何命令，初步須為採用附錄A表格75格式作出的着令提出反對因由的命令，指明進一步考慮有

關事宜的時間及地點，並在任何情況下均須施加有關押記，直至該指明的時間為止。 (亦見附錄A

表格76)

(3) 申請須由誓章支持，誓章須─

(a) 識別須予強制執行的判決或命令，並述明在申請日期仍未支付的款項；

(b) 述明判定債務人的姓名或名稱，以及申請人所能識別的判定債務人的債權人的姓名或

名稱；

(ba) 在尚未根據有關判決或命令支付的款項是贍養費欠款的情況下，述明—

(i) 判定債權人根據《未成年人監護條例》(第13章)第20A(2)條、《分居令及贍養令

條例》(第16章)第9B(2)條、《婚姻訴訟條例》(第179章)第53A(2)條或《婚姻法

律程序與財產條例》(第192章)第28AA(2)條(視屬何情況而定)有權就該贍養費欠

款而獲付的利息；及

(ii)根據《未成年人監護條例》(第13章)第20B(1)條、《分居令及贍養令條例》(第16

章)第9C(1)條、《婚姻訴訟條例》(第179章)第53B(1)條或《婚姻法律程序與財產

第 4A 章 - 《高等法院規則》 173

條例》(第192章)第28AB(1)條(視屬何情況而定)須就該贍養費欠款而支付的附加

費； (2003年第18號第14條)

該等保證物的全稱、其數額以及存於何人名下，如屬存於法院的儲存金，則包括有關

帳戶的號碼；及

(d) 核實將會被施加押記的權益是由判定債務人實益擁有。

(4) 除非法庭另有指示，否則為施行本條規則而作出的誓章，可載有關於資料或所信之事的陳

述以及資料或所信之事的來源和理由。

(5) 可就多於一項判該債務人敗訴的判決或命令而提出單一項押記令的申請。

2. 送達着令提出反對因由的命令的通知書

(第50號命令第2條規則)

(1) 在有着令提出反對因由的命令作出時，除非法庭另有指示，否則該命令的通知書須以下列

方式送達─

(a) 該命令的文本連同用以支持的誓章的文本，須送達判定債務人；

(b) 凡命令是關於存於法院的保證物以外的保證物，命令的文本亦須送達以下的人─

(iii) (如屬任何在香港成立為法團的團體的股額)送達該團體；

(iv)(如屬任何在香港以外地方成立為法團的團體的股額，而該股額在一份備存於香港

的登記冊上已作登記)送達備存該登記冊的人；

(v) (如屬任何單位信託的單位，而一份關於該等單位的單位持有人的登記冊已備存於

香港)送達備存該登記冊的人；

(d) 凡該命令是關於信託下的權益，該命令的文本須送達法庭所指示的各受託人。

(2) 在不損害第(1)款的條文的原則下，法庭在作出着令提出反對因由的命令時，可指示將該命

令的文本及用以支持的誓章的文本，送達判定債務人的任何其他債權人或任何其他有利害關係的

人，視乎在有關情況下屬於適當者而定。

(3) 根據本條規則須予送達的文件，必須在經指定的進一步考慮有關事宜的時間前7天或之前送

達。

3. 在進一步考慮時作出的命令(第50號命令第3條規則)

(1) 在進一步考慮有關事宜時，法庭須使命令成為絕對命令(加以或不加以變通)，或將命令撤

銷。

(2) 凡命令已成為絕對命令，命令須採用附錄A表格76的格式；而凡命令被撤銷，則第7條規則

關於送達經撤銷的命令的文本的條文須得適用。

4. 對受託人所持有的權益施加押記的命令

(第50號命令第4條規則)

(1) 除本條規則另有規定外，第1、2及3條規則的條文適用於施加押記於受託人所持有的權益的

命令，一如其適用於施加押記於判定債務人的實益權益的命令。

(2) 第1(3)條規則所規定提交的誓章，須述明提出申請所據理由，並須核實具關鍵性的事實，

而非核實判定債務人對將被施加押記的權益所具有的實益擁有權。

第 4A 章 - 《高等法院規則》 174

(3) 法庭在作出着令提出反對因由的命令時，須指示該命令的文本及用以支持的誓章的文本，

須送達適當的受託人及受益人(如有的話)。

(4) 第5、6及7條規則適用於施加押記於受託人所持有的權益的命令，一如其適用施加押記於判

定債務人的實益權益的命令，但如該命令是根據本條例第20A(1)(b)條第(ii)或(iii)節作出的，則

在該等規則中，凡提述“判定債務人”之處即為提述受託人。

(5) 附錄A表格75及76須加以變通，以表明將會被施加押記的權益，是由債務人以受託人身分持

有或由某受託人(須在命令中指名)以信託形式代債務人實益持有(視屬何情況而定)。

5. 關於不在法院的保證物的命令的效力

(第50號命令第5條規則)

(1) 在着令提出反對因由的命令作出後，只要命令仍屬有效，判定債務人就其在命令所關乎的

保證物中的權益作出的任何處置，對判定債權人而言均屬無效。

(2) 在命令被撤銷或成為絕對命令前，按照第2(1)(b)條規則獲送達命令的文本的人或團體，除

非經法庭批准，否則不得准許將命令所指明的任何一種保證物轉讓，或支付與該保證物有關的任何

派息、利息或贖金；而如該人或該團體如此行事，則有法律責任向判定債權人支付已被轉讓的保證

物的價值或已作出的付款的款項(視屬何情況而定)，或如該價值或款項足以履行與該命令有關的判

決或命令有餘，則為支付其中足以履行該判決或命令的部分。

(3) 如法庭使命令成為絕對命令，則命令的文本，包括附錄A表格76所規定的停止通知書，須送

達第2(1)(b)條規則所指明的適當的人或團體，且除第7(5)條規則另有規定外，第11至14條規則適用

於該通知書，一如其適用於根據第11條規則發出並送達的停止通知書。

(4) 本條規則不適用於關於存於法院的保證物的命令。

6. 關於存於法院的儲存金的命令的效力

(第50號命令第6條規則)

(1) 凡已有着令提出反對因由的命令就存於法院的儲存金(包括存於法院的保證物)作出，而命

令的文本亦已依據第2條規則送達司法常務官，則判定債務人在命令作出後，就命令所關乎的任何權

益作出的任何處置，只要命令仍屬有效，對判定債權人而言均屬無效。

(2) 如法庭使命令成為絕對命令，命令的文本須在登記處送達司法常務官。

7. 押記令的撤銷等(第50號命令第7條規則)

(1) 在符合第(2)款的規定下，法庭可應判定債務人或在被施加押記的標的物中有權益的任何其

他人的申請，在任何時間，不論是命令成為絕對命令之前或之後，將命令撤銷或更改，並施加其認

為公正的關於訟費或其他方面的條款(如有的話)。

(2) 凡有申請提出，以判定債項已獲清償為理由而要求撤銷就判定債務人的土地作出的押記

令，申請人須在其申請書中，述明該土地的地段號碼及任何就該土地而註冊的有關押記的註冊摘要

號碼，而法庭則須在其命令中指明該等號碼。

(3) 撤銷或更改命令的申請通知書，須送達法庭所指示的有利害關係的各方。

(4) 凡有撤銷或更改就存於法院的儲存金作出的押記令的命令作出，命令的文本須在登記處送

達司法常務官。

(5) 凡有撤銷或更改就不是存於法院的保證物作出的押記令的命令作出，命令的文本須送達第

2(1)(b)條規則所指明的適當的人或團體；而命令的文本一經送達，即撤銷或更改(視屬何情況而定)

第 4A 章 - 《高等法院規則》 175

任何依據原來命令屬有效的、關於該等保證物的停止通知書。

9. 聆案官授予強制令的司法管轄權

(第50號命令第9條規則)

如某強制令是根據第1、3或4條規則作出的命令所附帶或連帶授予的，則聆案官具有權力授予以

該範圍為限的強制令；而根據本條規則提出的強制令申請，可與根據第1、3或4條規則提出的與其有

關的命令的申請一併提出。

9A. 藉出售而強制執行押記令(第50號命令第9A條規則)

(1) 藉出售被施加押記的財產而強制執行押記令的法律程序，必須藉原訴傳票開展。

(2) 第88號命令的條文適用於所有該等法律程序。

10. 存於法院的儲存金：停止令(第50號命令第10條規則)

(1) 法庭可應以下的人的申請─

(a) 在任何人對存於法院的儲存金的權益上有按揭或押記的人，或

(b) 已獲轉讓該權益的人，或

作出命令，禁止未經通知申請人而轉讓、出售、交付、支付或以其他方式處理該等儲存金或其任何

部分或其所產生的入息。 (見附錄A表格79)

(2) 要求根據本條規則作出命令的申請，必須藉在關於存於法院的儲存金的訟案或事宜中發出

的傳票提出，或如並無該宗訟案或事宜，則必須藉原訴傳票提出。

(3) 傳票必須送達其權益可能會受所申請的命令影響的每一人，但除此以外不得送達任何其他

人。

(香港)(4) 在不損害法庭關於訟費的權力及酌情決定權的原則下，法庭可命令申請根據本條規則作

出命令的人，支付關於儲存金的訟案或事宜的任何一方的訟費，或支付任何在該等儲存金中有權益

的人因該申請而招致的訟費。

11. 並非存於法院的保證物：停止通知書

(第50號命令第11條規則)

(1) 任何聲稱實益有權享有任何屬本條例第20A(2)(b)條所列種類的保證物(不是存於法院的保

證物)的權益的人，如希望就任何擬作出的關於該等保證物的轉撥或繳存獲得通知，可引用本條規則

的條文。

(2) 聲稱如此有權的人必須向登記處送交下列文件存檔─

(a) 一份識別有關保證物並描述該人在有關保證物中的權益的誓章，而識別及描述是藉提

述產生該權益的文件而作出的，及

(b) 一份採用附錄A表格80格式的通知書(停止通知書)，通知書須由誓章的宣誓人簽署，並

附錄於誓章內而致予有關團體或單位信託，

並必須將誓章的正式文本及已加蓋法院印章的通知書文本，送達第2(1)(b)條規則所規定的人或團

體。

(3) 根據本條規則送交存檔的誓章，必須註有一項註明，述明第12條規則所提述的通知書須送

第 4A 章 - 《高等法院規則》 176

交的地址，而除第(4)款另有規定外，為該條規則的施行，該地址須為有關誓章是為其送交存檔的人

的送達地址。

(4) 根據本條規則送交存檔的誓章是為其送交存檔的人，為第12條規則的施行，可更改其送達

地址，方式是向有關的人或團體送達具此意思的通知書；而由該通知書送達的日期起，為該條規則

的施行，該通知書所述明的地址須為該人的送達地址。

12. 停止通知書的效力(第50號命令第12條規則)

凡已有一份停止通知書按照第11條規則送達，則只要該份停止通知書仍屬有效，獲送達該份停

止通知書的人或團體，不得將保證物的轉讓登記或採取該份停止通知書所禁制的任何其他步驟，直

至在以預付郵資的普通郵遞方式，向該份停止通知書是為其送交存檔的人送交關於將上述轉讓登記

或採取上述步驟的通知書後14天為止；但該人或該團體不得僅以該份中止通知書為理由而在該段期

限屆滿後，拒絕將轉讓登記或採取任何其他步驟。

13. 對停止通知書的修訂(第50號命令第13條規則)

凡已送交存檔的停止通知書對任何保證物的描述不正確，而通知書的蓋章文本已按照第11條規

則送達，則一份經修訂的停止通知書，可按照同一程序送交存檔及送達，並須在該經修訂的停止通

知書的蓋章文本送達之日，作為一份停止通知書而生效。

14. 停止通知書的撤回等(第50號命令第14條規則)

(1) 停止通知書是為其送交存檔的人，可將停止通知書撤回，方式是向獲送達停止通知書的人

或團體，送達關於撤回停止通知書的請求書。

(2) 請求書必須由停止通知書是為其送交存檔的人簽署，該人的簽署且必須由一名執業律師見

證。

(3) 法庭可應任何聲稱實益有權享有根據第11條規則發出的通知書所關乎的保證物的權益的人

的申請，藉命令撤銷中止通知書。

(4) 要求根據第(3)款作出命令的申請，必須藉原訴傳票提出，而該傳票則必須送達停止通知書

是為其送交存檔的人。

該傳票須採用附錄A表格10的格式。

15. 禁止保證物的轉讓等的命令(第50號命令第15條規則)

(1) 法庭可應任何聲稱實益有權享有任何屬本條例第20A(2)(b)條所列種類的保證物的權益的人

的申請，藉命令禁止有關的人或團體，將保證物的任何轉讓登記或採取本條例第55C(4)條適用的任

何其他步驟。 (見附錄A表格81) (1988年第356號法律公告)

該命令須指明與該項禁止有關的保證物、該等保證物是存於何人名下以及所不得採取的步驟，

並須述明該項禁止是只適用於保證物抑或亦適用於派息或利息。

(2) 要求根據本條規則作出命令的申請，必須藉傳票提出。 (2008年第152號法律公告)

根據本條規則發出的原訴傳票，須採用附錄A表格10的格式。

(3) 法庭可應任何聲稱有權享有根據本條規則作出的命令所關乎的任何保證物的權益的人的申

請，更改或撤銷該命令，並可施加其認為適合的關於訟費或其他方面的條款(如有的話)。

第 4A 章 - 《高等法院規則》 177

命令： 51 接管人：衡平法執行 25 of 1998 s. 2 01/07/1997

附註：

具追溯力的修訂─見1998年第25號第2條

1. 由於衡平法執行而委任接管人(第51號命令第1條規則)

(1) 凡有申請提出，要求由於衡平法執行而委任接管人，法庭在決定作出委任是否公正或適宜

時，須顧及判定債權人所申索的款額、接管人所相當可能得到的款額及委任接管人所頗有可能涉及

的費用，並可指示在作出委任前就任何該等事宜或任何其他事宜進行查訊。 (見附錄A表格84)

2. 聆案官可委任接管人等(第51號命令第2條規則)

聆案官具有權力作出由於衡平法執行而委任接管人的命令，並如某強制令是該命令所附帶或連

帶的，則聆案官亦具有權力授予以該範圍為限的強制令。

3. 規則對委任接管人等的適用範圍

(第51號命令第3條規則)

要求由於衡平法執行而委任接管人的申請，可按照第30號命令第1條規則提出，而該命令第2至6

條規則適用於由於衡平法執行而委任的接管人，一如其適用於為任何其他目的而委任的接管人。

(見附錄A表格82、83)

命令： 52 交付羈押 L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

1. 因犯藐視法庭罪而被交付羈押(第52號命令第1條規則)

法庭或上訴法庭懲罰犯藐視法庭罪者的權力，可由單一名法官或單一名上訴法庭法官藉作出交

付羈押令而行使。 (見附錄A表格85)

(1998年第25號第2條)

(香港)2. 批予許可以提出交付羈押的申請

(第52號命令第2條規則)

(香港)(1) 除非已按照本條規則批予許可，准許提出要求針對任何人作出交付羈押令的申請，否則

不得提出申請。

(2) 要求批予許可的申請，必須單方面向一名法官提出，並必須由一份陳述書支持，列出申請

人的姓名或名稱及描述、被人尋求將其交付羈押的人的姓名、描述與地址以及尋求將其交付羈押的

理由；申請亦必須由一份誓章支持，該份誓章須在申請提出前送交存檔，以核實申請所倚據的事

實。

(3) 申請人必須在申請的前一天或之前向司法常務官發出申請許可通知書，並必須同時向司法

常務官遞交陳述書及誓章的文本。

(香港)(4) 除非申請通知書有請求進行聆訊，否則法官可在不進行聆訊的情況下就申請許可作裁

定，並且無須在公開法庭上進行聆訊，但在任何情況下，司法常務官均須將法官的命令的文本送達

第 4A 章 - 《高等法院規則》 178

申請人。

(香港)(5) 凡申請許可遭一名法官拒准或在有條款施加的情況下獲批予，申請人可在該名法官作出

命令後10天內，針對該命令而向上訴法庭提出上訴。

(香港)(6) 在不損害第20號命令第8條規則所賦予的權力的原則下，聆訊申請許可的法官，可容許申

請人的陳述書按他認為適合的條款(如有的話)作出修訂。

(香港)(7) 法官如批予許可，可施加他認為適合的關於訟費及提供保證的條款。

(1998年第25號第2條)

3. 在獲批予申請許可後申請作出命令

(第52號命令第3條規則)

(1) 凡已獲批予許可提出交付羈押令的申請，該申請須藉原訴傳票向一名法官提出，而除非批

予許可的法庭另有指示，否則在送達原訴傳票與原訴傳票所指明的聆訊日期之間必須相隔最少8整

天。 (1991年第125號法律公告；1998年第25號第2條)

(1A)原訴傳票須述明就何等理由而獲批予許可，准許提出要求作出交付羈押令的申請。 (2002

年第108號法律公告)

(2) 除非原訴傳票是在獲得批予許可後14天內登錄以待聆訊，否則許可即告失效。

(3) 原訴傳票連同支持根據第2條規則提出的許可申請的陳述書及誓章的文本，必須面交送達被

人尋求將其交付羈押的人。

(4) 在不損害法庭根據第65號命令第4條規則具有的權力的原則下，法庭如認為如此行事屬於公

正，可免除根據本條規則須作出的原訴傳票送達。

(2008年第152號法律公告)

5. 關於在無交付羈押申請提出時作出交付羈押的權力的

保留條文(第52號命令第5條規則)

本命令的前述條文，不得視為影響原訟法庭或上訴法庭主動針對犯藐視法庭罪的人作出交付羈

押令的權力。

(1998年第25號第2條)

6. 關於聆訊的條文(第52號命令第6條規則)

(1) 在符合第(2)款的規定下，聆訊交付羈押申請的法庭可在下列情況下，以非公開形式進行聆

訊─

(a) 凡申請是由關於幼年人的受監護或領養的法律程序所引致的，或是由純粹或主要關於

幼年人的監護、管養、贍養或教養或探視幼年人的權利的法律程序所引致的；

(b) 申請是由關於患有或看來是患有《精神健康條例》(第136章)所指的精神紊亂的人的法

律程序所引致的；

(d) 凡法庭覺得為秉行公正起見或基於影響香港安定的理由，申請應以非公開形式聆訊；

但除如前所述的情況外，申請須在公開法庭上聆訊。

(2) 憑藉第(1)款以非公開形式聆訊申請的法庭，如決定針對被人尋求將其交付羈押的人作出交

付羈押令，則須在公開法庭上─

(a) 述明該人的姓名，

第 4A 章 - 《高等法院規則》 179

(b) 概括述明交付羈押令正就其作出的藐視法庭罪的性質，及

(3) 除非是經聆訊交付羈押令的申請的法庭許可，否則在聆訊時，除在第3(1A)條規則所指的原

訴傳票中述明的理由之外，不得倚據其他理由。 (2002年第108號法律公告；2008年第152號法律公

告)

前述條文不損害法庭根據第20號命令第8條規則具有的權力。

(4) 如在聆訊申請時，被人尋求將其交付羈押的人表示希望為其本人提供口頭證據，他有權如

此行事。

7. 暫停執行交付羈押令的權力(第52號命令第7條規則)

(1) 作出交付羈押令的法庭，可藉命令指示交付羈押令須按法庭所指明的期間或條款或條件暫

停執行。

(2) 凡根據第(1)款作出的命令將交付羈押令暫停執行，除非法庭另有指示，否則交付羈押令的

申請人必須向交付羈押令所針對的人送達通知書，通知他根據該款作出的命令及其條款。

8. 釋放被交付羈押的人(第52號命令第8條規則)

(1) 法庭可應因犯藐視法庭罪而被交付監獄的人所提出的申請，將該人釋放。

(2) 凡某人因沒有遵從規定他須將任何物件交付另一人或將任何物件存放在法院或別處的判決

或命令而被交付羈押，而暫時扣押令狀亦已發出以強制執行該判決或命令，則如該物件是由已被交

付羈押的人保管或控制，暫時扣押令狀所委任的暫時扣押人可接管該物件，猶如該物件是該已被交

付羈押的人的財產一樣；並且在不損害第(1)款的一般性的原則下，法庭可釋放已被交付羈押的人，

並可就暫時扣押人所取得物件的處理，作出其認為適合的指示。

9. 關於其他權力的保留條文(第52號命令第9條規則)

本命令的前述條文，不得視為影響法庭作出下述命令的權力，即規定犯藐視法庭罪的人或因任

何成文法律可猶如是犯藐視原訟法庭罪般同樣受罰的人，須繳付罰款或就其良好行為提供保證；該

等條文在可予適用的範圍內，並在加以必要的變通後，適用於該命令的申請，一如其適用於交付羈

押令的申請。

(1998年第25號第2條；2008年第152號法律公告)

命令： 53 申請司法覆核 L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

1A. 釋義(第53號命令第1A條規則)

在本命令中—

“司法覆核申請”(application for judicial review) 包括按照本命令提出的、要求覆核下述事

項的合法性的申請—

(a) 某成文法則；或

(b) 關乎行使公共職能的決定、行動或沒有作出作為；

“有利害關係的一方”、“有利害關係的各方”(interested party) 就某司法覆核申請而言，指直

接受該申請影響的任何人(申請人及答辯人除外)。

第 4A 章 - 《高等法院規則》 180

(2008年第152號法律公告)

1. 適宜司法覆核申請的案件

(第53號命令第1條規則)

(1) 在以下情況下，必須提出司法覆核申請—

(a) 申請人尋求一項履行義務令、禁止令或移審令；或

(b) 申請人尋求一項根據本條例第21J條授予的、禁制某人擔當他無權擔任的職位的強制

令。

(2) 在以下情況下，可提出司法覆核申請—

(a) 申請人尋求一項宣布；或

(b) 申請人尋求一項強制令(並非第(1)(b)款所述的強制令者)。

(3) 司法覆核申請可包括要求判給損害賠償、復還或討回到期應付款項的申請，但不得只尋求

該等補救。

(2008年第152號法律公告)

2. 就濟助提出的申索的合併(第53號命令第2條規則)

在申請司法覆核時，如申請是由同一事宜所引致或是與同一事宜有關或相關連，則第1(1)或(2)

條規則所述的任何濟助，可代替或附加於該等規則所述的任何其他濟助而予以申索。

3. 批予許可以申請司法覆核(第53號命令第3條規則)

(1) 除非已按照本條規則取得法庭的許可，否則不得提出司法覆核申請。

(2) 申請許可必須單方面提出，方式是將下列文件送交登記處存檔─

(a) 一份採用附錄A表格86格式的通知書，而該通知書須載有以下事宜的陳述—

(i) 申請人的姓名或名稱及描述；

(ii)答辯人的姓名或名稱及描述；

(iii) 所尋求的濟助及尋求該濟助所據的理由；

(iv)申請人所知悉的有利害關係的各方(如有的話)的姓名或名稱及描述；

(v) 代表申請人的律師行(如有的話)的名稱及地址；及

(vi)(如申請人沒有律師代表行事)申請人的送達地址；及 (2008年第152號法律公告)

(b) 核實所倚據的事實的誓章。

(3) 除非申請通知書有請求進行聆訊，否則法官可在不進行聆訊的情況下就許可申請作裁定，

並且無須在公開法庭上進行聆訊，但在任何情況下，司法常務官均須將法官的命令的文本送達申請

人。 (1998年第25號第2條；2008年第152號法律公告)

(香港)(4) 凡申請許可遭一名法官拒准或在有條款施加的情況下獲批予，申請人可在該名法官作出

命令後14天內，針對該命令而向上訴法庭提出上訴。 (1998年第25號第2條；2008年第152號法律公

告)

(6) 在不損害第20號命令第8條規則所賦予的權力的原則下，聆訊申請許可的法庭，可容許申請

人的陳述書按法庭認為適合的條款(如有的話)而作出修訂，不論是以指明不同或附加的理由或濟助

的方式作出，或是以其他方式作出。

(7) 除非法庭認為申請人在申請所關乎的事宜中有足夠權益，否則不得批予許可。

(8) 凡有人尋求許可申請移審令，以移走某宗上訴所針對的判決、命令、定罪判決或其他法律

第 4A 章 - 《高等法院規則》 181

程序，目的是為了將之撤銷，而提出該上訴是有時限的，則法庭可將該許可申請押後，直至該上訴

已有裁定或上訴時限已屆滿為止。

(9) 法庭如批予許可，可施加其認為適合的關於訟費及提供保證的條款。

(10) 凡獲批予許可申請司法覆核，則─

(a) 如所尋求的濟助是禁止令或移審令，而法庭指示批予該命令，則該項批予的作用即為

將該申請所關乎的法律程序擱置，直至該申請已有裁定或法庭另有指示為止；

(b) 如尋求任何其他濟助，法庭可在任何時間，在有關的法律程序中批予可在藉令狀開展

的訴訟中批予的中期濟助。

4. 申請濟助的延遲(第53號命令第4條規則)

(1) 申請司法覆核的許可，須從速提出，並無論如何均須在申請理由首次出現的日期起計三個

月內提出，但如法庭認為有好的理由延展提出該申請的期限，則屬例外。 (1988年第356號法律公

告)

(2) 凡所尋求的濟助是就任何判決、命令、定罪判決或其他法律程序作出移審令，則申請理由

首次出現的日期，須視為該判決、命令、定罪判決或法律程序的日期。

(3) 先前各款不損害任何具有限定提出司法覆核申請時限的效力的法定條文。

4A. 批予許可的命令的送達

(第53號命令第4A條規則)

(1) 法庭凡批予對司法覆核申請的許可，亦可就管理有關案件作出指示。

(2) 司法覆核的申請人須在許可批予後14天內，將批予許可的命令及任何根據第(1)款作出的指

示，送達—

(a) 答辯人；及

(b) 法庭指示的有利害關係的各方。

(2008年第152號法律公告)

5. 申請司法覆核的方式(第53號命令第5條規則)

(1) 凡對申請司法覆核的許可已批予，該申請必須藉向在公開法庭進行聆訊的法官提交採用附

錄A表格86A格式的原訴傳票提出，如批予許可的法官有此命令，則必須藉向在內庭的法官提交採用

該格式的原訴傳票提出。 (2008年第152號法律公告)

(3) 原訴傳票必須送達所有直接受影響的人，而凡原訴傳票是關於某法庭的任何法律程序或關

於在某法庭席前進行的法律程序，而申請的目的是迫使該法庭或其人員作出與該等法律程序有關的

任何作為，或撤銷該等法律程序或在該等法律程序中作出的任何命令，則該原訴傳票亦必須送達該

法庭的書記主任或司法常務官，又凡會對有關法官的行為提出任何反對，則該原訴傳票亦必須送達

該名法官。 (2000年第28號第47條)

(4) 除非批予許可的法庭另有指示，否則原訴傳票的送達與其所指明的聆訊日期之間必須相隔

最少10天。

(5) 原訴傳票必須在批予許可後14天內發出以待聆訊。

(6) 一份提供所有已獲送達原訴傳票的人的姓名、名稱及地址以及送達地點和日期的誓章，必

須在上述送達的7天內送交存檔，而如任何根據本條規則應獲送達原訴傳票的人並未獲送達，則該誓

章必須述明此事及其理由；在該原訴傳票進行聆訊時，必須已有該誓章在法庭席前。

第 4A 章 - 《高等法院規則》 182

(7) 如在聆訊原訴傳票時，法庭認為任何根據本條規則或其他條文應獲送達原訴傳票的人並未

獲送達，則法庭可按其所指示的條款(如有的話)將聆訊押後，以便將原訴傳票送達該人。

(2008年第152號法律公告)

5A. 誓章證據(第53號命令第5A條規則)

在司法覆核申請的聆訊中，除非符合下述規定，否則不得倚據誓章—

(a) 已符合第6(3)、(4)或(5)條規則(視屬何情況而定)就誓章的使用的規定；

(b) 該誓章已按照法庭的任何指示送達；或

(2008年第152號法律公告)

5B. 法庭聽取任何人陳詞的權力

(第53號命令第5B條規則)

(1) 任何人均可申請許可，以—

(a) 將證據送交存檔；或

(b) 在司法覆核申請的聆訊中陳詞。

(2) 第(1)款所指的申請必須從速作出。

(3) 法庭除非覺得申請人是在司法覆核申請的聆訊中獲得聆聽的恰當的人，否則不得根據第(1)

款批予許可。

(2008年第152號法律公告)

6. 陳述書及誓章(第53號命令第6條規則)

(1) 用以支持根據第3條規則提出的許可申請的陳述書的文本，必須連同原訴傳票一併送達，而

除第(2)款另有規定外，在聆訊時，除在陳述書中列出的理由及濟助之外，不得倚據其他理由或尋求

其他濟助。 (2008年第152號法律公告)

(2) 法庭在聆訊原訴傳票時，可容許申請人按法庭認為適合的條款(如有的話)將其陳述書修

訂，不論是以指明不同或附加的理由或濟助的方式而修訂，或是以其他方式而修訂，並可容許申請

人使用進一步的誓章。 (1995年第223號法律公告；2008年第152號法律公告)

(3) 凡申請人擬要求容許修訂其陳述書或使用進一步的誓章，申請人須就其意圖及任何擬作的

修訂，向其他每一方作出通知。

(4) 任何答辯人，如擬在聆訊時使用誓章，則須在切實可行範圍內，盡早將誓章送交登記處存

檔，且除非法庭另有指示，否則無論如何均須在第(1)款所規定送達的文件送達他後56天內將誓章送

交存檔。 (1991年第404號法律公告)

(5) 該申請的每一方，均必須向其他每一方提供其建議在聆訊時使用的每一份誓章的文本，如

屬申請人則亦包括用以支持根據第3條規則提出申請許可的誓章。

(6) 在第(3)及(5)款中提述某一方，包括提述根據第4A(2)條規則規定須獲申請人送達批予司法

覆核許可的命令的有利害關係的一方。 (2008年第152號法律公告)

7. 就損害賠償提出的申索(第53號命令第7條規則)

(1) 在有人申請司法覆核時，在符合第(2)款的規定下，如符合以下情況，法官可將損害賠償判

第 4A 章 - 《高等法院規則》 183

給申請人─ (1998年第25號第2條)

(a) 申請人在用以支持其根據第3條規則提出申請許可的陳述書中已包括就申請所關乎事宜

引致的損害賠償而提出的申索，並且

(b) 法庭信納，假若申請人是在其申請提出時開展訴訟而他又在該訴訟中提出該申索，則

本可獲判給損害賠償。

(2) 第18號命令第12條規則適用於關於就損害賠償而提出的申索的陳述書，一如其適用於狀

書。

8. 就文件透露、質詢書、盤問等提出的申請

(第53號命令第8條規則)

(1) 除非法官另有指示，否則在應申請司法覆核而進行的法律程序中作出的任何非正審申請，

均可在內庭向任何法官提出，或可向一名聆案官提出。 (1998年第25號第2條)

(2) 在本款中，“非正審申請”(interlocutory application) 包括要求根據第24或26號命令

或第38號命令第2(3)條規則作出命令的申請，或要求作出按各方同意而撤銷法律程序的命令的申

請。

(3) 本條規則不損害限制針對官方作出命令的任何法定條文或法律規則。

9. 申請司法覆核的聆訊(第53號命令第9條規則)

(1) 在根據第5條規則提交的任何原訴傳票進行聆訊時，任何人如意欲獲得聆聽以反對或支持該

原訴傳票，而法庭又覺得其獲得聆聽是恰當的，則即使並未獲送達該原訴傳票，該人仍須獲得聆

聽。

(2) 凡所尋求的濟助是或包括用以移走任何法律程序以將之撤銷的移審令，申請人不得質疑任

何命令、手令、交付羈押、定罪判決、調查或紀錄的有效性，但如在原訴傳票進行聆訊前，該人已

向司法常務官遞交一份該命令、手令、交付羈押、定罪判決、調查或紀錄的經由誓章核實文本，或

已就其沒有如此行事而向聆訊原訴傳票的法庭作出令法庭信納的交代，則屬例外。

(3) 凡在第(2)款所提述的任何情況中作出移審令，則除第(4)款另有規定外，該命令須指示有

關法律程序在被移走至原訟法庭時即須予以撤銷。 (1998年第25號第2條)

(4) 凡所尋求的濟助是移審令，而法庭信納有理由撤銷申請所關乎的決定，則法庭在撤銷該決

定之外，尚可將有關事宜發還有關的法庭、審裁處或主管當局，並指示須按照法庭的裁斷而重新考

慮有關事宜和達成決定。

(5) 凡所尋求的濟助是聲明、強制令或損害賠償，而法庭認為該濟助不該應司法覆核申請而批

予，但假若申請人在提出其申請時有藉令狀開展訴訟並在其中尋求該濟助則該濟助或會批予，則法

庭即可命令繼續進行有關法律程序而不拒准該申請，猶如有關法律程序是藉令狀開展一樣；此外，

第28號命令第8條規則適用。

(2008年第152號法律公告)

10. 關於為服從履行義務令而行事的人的保留條文

(第53號命令第10條規則)

不得就任何人為服從履行義務令而作出的任何事情，針對該人開展或進行任何訴訟或法律程

序。

第 4A 章 - 《高等法院規則》 184

12. 申請的合併(第53號命令第12條規則)

凡有多於一宗申請根據本條例第21K條待決，而該等申請是就同一職位及以相同理由針對多人提

出，則法庭可命令將該等申請合併。

13. 法官所作出的命令可予作廢等

(第53號命令第13條規則)

(香港) 可向上訴法庭提出來自法官所作出的批予或拒准司法覆核申請的命令的上訴，而上訴

法庭可將任何該等命令作廢，或確認任何該等命令或代之以本應作出的命令。

(1998年第25號第2條)

14. “法庭”的涵義(第53號命令第14條規則)

就法官對根據第3條規則提出的申請許可或對司法覆核申請所進行的聆訊而言，本命令中凡提述

“法庭”(the Court) 之處，除文意另有所指外，均須解釋為提述法官。

(1998年第25號第2條)

15. 關乎《2008年修訂規則》第24部的

過渡性條文(第53號命令第15條規則)

(1) 凡在緊接《2008年修訂規則》的生效日期*前，對申請司法覆核的許可的申請仍然待決，則

該修訂規則第24部的任何條文不得就該申請及(如批予許可)其後的司法覆核申請而適用，而在緊接

該生效日期前有效的本命令須繼續適用，猶如該部並未訂立一樣。

(2) 凡在緊接《2008年修訂規則》的生效日期前，司法覆核申請仍然待決，則《2008年修訂規

則》第24部的任何條文不得就該申請而適用，而在緊接該生效日期前有效的本命令須繼續適用，猶

如該部並未訂立一樣。

(2008年第152號法律公告)

__________________________________________________________________________

註：

* 生效日期：2009年4月2日。

命令： 54 人身保護令狀的申請 26 of 2012 27/07/2012

1. 解交被拘押者並說明其拘押日期及原因令狀的申請

(第54號命令第1條規則)

(1) 除以下情況外，解交被拘押者並說明其拘押日期及原因令狀的申請，須在法庭上向單一名

法官提出─

(b) 在並無法官在法庭進行聆訊的任何時間，可向並非在法庭上的法官提出；及

第2條)

(2) 申請令狀可單方面提出，且除第(3)款另有規定外，必須由被約制者的誓章支持，誓章須顯

示申請是被約制者所要求提出的，並須列出有關約制的性質。

(3) 凡被約制者因任何理由而不能作出第(2)款所規定的誓章，誓章可由另一人代被約制者作

第 4A 章 - 《高等法院規則》 185

出，但誓章必須述明被約制者本人不作出誓章及其理由。

2. 單方面申請向其提出的法庭的權力

(第54號命令第2條規則)

(1) 有申請根據第1條規則單方面向其提出的法官，可立即作出命令以發出有關令狀，或─

(見附錄A表格87、88)

(a) 如申請並非在法庭上提出，則可指示就該令狀發出原訴傳票，或指示藉原訴傳票在法

庭上向法官提出該令狀的申請；

(b) 如申請是在法庭上向法官提出，則可押後申請，以便發出關於申請的通知書，或可指

示藉原訴傳票提出申請。

(2) 傳票必須送達尋求發出該令狀所針對的人，以及法官所指示的其他人，且除非法官另有指

示，否則傳票的送達與其所指明的聆訊申請日期之間必須相隔最少8整天。 (2012年第26號第67條)

(3) 本條規則所指的原訴傳票必須採用附錄A表格87的格式。 (2008年第152號法律公告)

(1998年第25號第2條；2008年第152號法律公告)

3. 須提供誓章的文本(第54號命令第3條規則)

根據第1條規則提出的申請的每一方，均必須在其他每一方要求時向該一方提供他擬在該申請進

行聆訊時使用的誓章的文本。

4. 命令釋放被約制者的權力(第54號命令第4條規則)

在不損害第2(1)條規則的原則下，聆訊解交被拘押者並說明其拘押日期及原因令狀的申請的法

官，可運用其酌情決定權，命令將被約制者釋放，而該命令對監獄的任何監督、警員或其他人而

言，即為一項釋放被約制者的足夠權力憑證。

(1998年第25號第2條)

5. 關於令狀的回報的指示(第54號命令第5條規則)

凡已命令發出解交被拘押者並說明其拘押日期及原因令狀，發出命令的法官，須就該令狀所須

向其回報的法官及回報的日期作出指示。

(1998年第25號第2條)

6. 令狀及通知書的送達(第54號命令第6條規則)

(1) 除第(2)及(3)款另有規定外，解交被拘押者並說明其拘押日期及原因令狀必須面交送達其

所致予的人。

(2) 如不可能面交送達該令狀，或如該令狀是致予某監獄的任何監督或其他公職人員，則必須

在被約制者遭囚禁或約制的地方，將該令狀留交其所致予的人的受僱人或代理人。

(3) 如該令狀所致予的人多於一名，則該令狀必須以本條規則所訂定的方式，送達在該令狀上

被首先指名的人，而副本則必須以送達該令狀的相同方式送達其他每一人。

(4) 該令狀必須連同一份通知書(採用附錄A表格90的格式)送達；該份通知書須述明被約制者所

須被帶到其席前的法官及被帶到該名法官席前的日期，並述明如對該令狀有欠服從，則會進行將不

第 4A 章 - 《高等法院規則》 186

服從的一方交付羈押的法律程序。 (1998年第25號第2條)

7. 令狀的回報(第54號命令第7條規則)

(1) 一份解交被拘押者並說明其拘押日期及原因令狀的回報，必須在該令狀上註明或附錄於該

令狀，並必須述明將被約制者羈留的所有因由。

(2) 如經該令狀所須向其回報的法官許可，則回報可作修訂，或由另一回報代替。 (1998年第

25號第2條)

8. 聆訊令狀的程序(第54號命令第8條規則)

就解交被拘押者並說明其拘押日期及原因令狀作出回報時，回報須首先予以宣讀，然後提出動

議，要求釋放或還押被約制者，或要求修訂或撤銷回報；而凡該人是按照該令狀被帶上法庭，其大

律師須首先獲得聆聽，接着是代表官方的大律師，然後則由一名代表被約制者的大律師作答。

9. 將囚犯帶上法庭以提供證據等(第54號命令第9條規則)

(1) 要求發出解交被拘押者到庭作證令狀或解交被拘押者到庭答辯令狀的申請，必須在內庭以

誓章向法官提出。

(1998年第25號第2條)

10. 令狀的格式(第54號命令第10條規則)

人身保護令狀必須採用附錄A表格89、91或92的格式(以適用者為準)。

命令： 55 向高等法院提出的來自法庭、審裁處或某人的上訴：一般

規定

L.N. 247 of 2000 01/09/2000

1. 申請(第55號命令第1條規則)

(1) 除第(2)、(3)及(4)款另有規定外，本命令適用於每一宗藉任何成文法則或根據任何成文法

則可向原訟法庭提出的來自任何法庭、任何審裁處或任何人的上訴。 (1998年第25號第2條)

(2) 本命令不適用於─

(a)藉案件呈述提出的上訴，

(香港) (b) 根據《裁判官條例》(第227章)提出的上訴，或

(香港) (c) 第73號命令適用的上訴。 (1990年第363號法律公告)

(4) 本命令的以下規則，就本命令適用的上訴而言，具有效力，但須受本規則的任何其他條文

就該上訴而訂立的任何條文規限，或受由任何成文法則或根據任何成文法則而就該上訴訂立的任何

條文規限。

(5) 在本命令中，凡提述審裁處之處，須解釋為提述由任何成文法則或根據任何成文法則設立

的任何審裁處，而非提述一般的法庭。

(香港)2. 聆訊上訴的法庭(第55號命令第2條規則)

除非本規則或根據任何成文法則另有規定，否則本命令適用的上訴須由單一名法官作聆訊及裁

第 4A 章 - 《高等法院規則》 187

定。

(1990年第363號法律公告；1998年第25號第2條)

3. 提出上訴(第55號命令第3條規則)

(1) 本命令適用的上訴，須以重新聆訊的方式進行，並必須藉原訴動議提出。

(2) 提出上訴的每份動議通知書，均必須述明上訴理由，而如上訴是針對法庭的某項判決、命

令或其他決定，則必須述明上訴是針對決定的全部抑或部分，如只是針對某部分，則必須指明該部

分。

(3) 提出上訴並不具有擱置就上訴所針對的判決、裁定或其他決定而進行的程序的作用，但如

將聆訊上訴的法庭，或作出該決定的法庭、審裁處或人有此命令，則屬例外。

4. 動議通知書的送達及上訴的登錄

(第55號命令第4條規則)

(1) 提出本命令適用的上訴的動議通知書，所須送達的人─

(a) (如上訴是針對某法庭的判決、命令或其他決定)為該法庭的司法常務官或書記主任，

以及作出該決定的程序的任何直接受上訴影響的一方； (2000年第28號第47條)

(b) (如上訴是針對某審裁處、某政府部門或其他人作出的命令、裁定、裁決或其他決定)

為該審裁處的主席、該政府部門或該人(視屬何情況而定)，以及作出上訴所針對的決

定的程序的每一方(上訴人除外)。

(2) 通知書必須在上訴所針對的判決、命令、裁定或其他決定的日期後28天內送達，而上訴則

必須在該期限內登錄。

(3) 如屬針對某法庭的判決、命令或決定的上訴，則第(2)款所指明的期限，須由判決或命令的

日期或作出決定的日期起計算。

(4) 如屬針對某審裁處、某政府部門或其他人作出的命令、裁定、裁決或其他決定的上訴，則

第(2)款所指明期限，須由作出決定的人或就此獲授權如此行事的人給予上訴人關於該決定的通知的

日期起計算。

5. 聆訊上訴的日期(第55號命令第5條規則)

除非具司法管轄權裁定有關上訴的法庭另有指示，否則本命令適用的上訴，不得於藉以提出該

上訴的動議的通知書送達後少於21天的時間內進行聆訊。

6. 上訴理由的修改等(第55號命令第6條規則)

(1) 提出本命令適用的上訴的動議的通知書，可無須許可而由上訴人加以修訂，方式是在上訴

的指定聆訊日期前7天或之前，向已獲送達須作修訂的通知書的每一人送達補充通知書。

(2) 在根據第(1)款送達補充通知書後2天內，上訴人必須向登錄上訴的辦事處遞交該通知書的

文本2份。

(3) 除非經聆訊任何該等上訴的法庭許可，否則上訴人在聆訊時不得倚據在藉以提出該上訴的

動議的通知書或根據第(1)款發出的補充通知書中述明的理由以外的理由；但該法庭可修改如此述明

的理由或作出任何其他命令，並施加其認為公正的條款，以確保裁定是根據各方之間所爭議的真正

問題的是非曲直而作出。

第 4A 章 - 《高等法院規則》 188

(4) 本條規則的前述條文不損害法庭根據第20號命令具有的權力。

6A. 非正審申請(第55號命令第6A條規則)

(1) 除法庭另有指示外，在本命令適用的法律程序中提出的任何非正審申請，可向任何一名法

官或一名聆案官提出。

在本款中，“非正審申請”(interlocutory application) 包括將送達動議通知書或登錄上訴

或修訂動議通知書的時限延展的申請。

(2) 本條規則不損害任何限制針對官方作出命令的法定條文或法律規則。

(1991年第404號法律公告；1998年第25號第2條)

7. 法庭聆訊上訴的權力(第55號命令第7條規則)

(1) 除第6(3)條規則所賦予的權力外，聆訊本命令適用的上訴的法庭，具有本條規則的以下條

文所賦予的權力。

(2) 法庭具有權力收取關於事實問題的進一步證據，而該證據可藉在法庭上進行口頭訊問、誓

章、在訊問員席前錄取的書面供詞或以其他方式提供，以法庭所指示的方式為準。

(3) 法庭具有權力作出事實的任何推論，但該等推論須是本可從引致該上訴的法律程序中作出

的。

(4) 如上訴所針對的決定是在某些程序中作出，上訴人有責任向主持該等程序的法官或其他

人，申請提供一份由其作出的關於該等程序的任何紀錄的經簽署文本，並將該文本提供法庭使用；

如並無該份紀錄交出，或如該份紀錄並不完整，則在該份紀錄之外，法庭尚可考慮其覺得充分的關

於在該等程序中發生之事的任何其他證據或陳述，而就該上訴進行聆訊並作出裁定。

除法庭另有指示外，由出席該等程序的人作出的誓章或紀錄，不得根據本款作為證據使用，但

如誓章或紀錄先前已呈交主持該等程序的人評論，則屬例外。

(5) 法庭可作出任何本應由有關的法庭、審裁處或人作出的判決、決定或命令，並可作出情況

所需的進一步或其他命令或將有關事宜連同法庭的意見發還有關的法庭、審裁處或人重新作聆訊及

裁定。

(6) 法庭在特別情況下可命令就該上訴的訟費提供其認為公正的保證。

(7) 除非法庭認為因錯誤指示或證據的不當接納或不當拒納而已造成實質上的錯誤或司法不

公，否則無須僅以此為理由而判上訴得直。

8. 政府部門出庭及獲得聆聽的權利

(第55號命令第8條規則)

凡本命令適用的上訴是針對某政府部門的任何命令、裁定或其他決定，該部門有權在應上訴進

行的法律程序中出庭及獲得聆聽。

命令： 58 來自聆案官的上訴 L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

1. 向在內庭的法官提出的來自聆案官的某些決定的上訴

(第58號命令第1條規則)

(1) 除第2條規則、第5號命令第6條規則及第12號命令第1條規則另有規定外，來自聆案官的任

第 4A 章 - 《高等法院規則》 189

何判決、命令或決定的上訴，須向在內庭的法官提出，不論該判決、命令或決定是僅基於書面陳詞

而作出的，或是經聆訊後而作出的。 (2008年第152號法律公告)

(2) 上訴提出的方式，是向作出有關判決、命令或決定的法律程序的其他每一方送達通知書，

通知其在通知書所指明的日期，或按指示的其他日期在法官席前出席。

(3) 除非法庭另有命令，否則通知書必須在遭上訴的判決、命令或決定作出後14天內發出，並

必須在發出後5天內送達；本條規則適用的上訴，不得於該項送達後少於2整天的時間內進行聆訊。

(1991年第404號法律公告；2000年第129號法律公告)

(4) 除非法庭另有指示，否則根據本條規則提出的上訴不具有擱置上訴是在其當中提出的法律

程序的作用。

(5) 除非有特別理由，否則在根據本條規則聆訊上訴時，不得收取進一步的證據(但關乎在作出

有關判決、命令或決定的日期後發生的事宜的證據除外)。 (2008年第152號法律公告)

(1998年第25號第2條)

2. 向上訴法庭提出的來自聆案官的某些決定的上訴

(第58號命令第2條規則)

來自聆案官在下列情況作出的任何判決、命令或決定(非正審判決、命令或決定除外)的上訴，

須向上訴法庭提出─ (1998年第25號第2條)

(香港) (a) 聆訊或裁定根據第14號命令第6(2)條規則及第36號命令第1條規則在其席前審訊

的任何訟案、事宜、問題或爭論點；

(b) 根據第37號命令或在其他情況下評估損害賠償；或

(香港) (c) 聆訊或裁定根據第84A號命令第3條規則提出的申請；或 (1995年第127號法律

公告)

(香港) (d) 聆訊或裁定根據第49B號命令提出的申請；或

(香港) (e) 聆訊清盤或破產的呈請。 (1991年第404號法律公告)

7. 來自法官在互爭權利訴訟的法律程序中作出的

判決等的上訴(第58號命令第7條規則)

(1) 任何法官在根據第17號命令第5(2)(b)或(c)條規則簡易裁定在互爭權利訴訟的法律程序的

申索人之間所爭論的任何問題時作出的任何判決、命令或決定，除非該名法官或上訴法庭給予許可

向上訴法庭提出上訴，否則對申索人及所有透過申索人提出申索的人而言是最終及定局的。

(2) 凡互爭權利訴訟的爭論點是由一名法官在有陪審團或無陪審團的情況下進行審訊，可無須

該名法官或上訴法庭的許可，就該名法官在審訊時作出的任何判決、命令或決定而向上訴法庭提出

上訴。

(3) (由2008年第152號法律公告廢除)

(1998年第25號第2條)

命令： 59 向上訴法庭提出上訴 L.N. 38 of 2011 01/06/2011

1. 本命令對上訴的適用範圍(第59號命令第1條規則)

(1) 除本規則就某些特定的上訴而另有條文規定外，本命令適用於向上訴法庭提出的每一宗上

訴(在適用的範圍內，包括任何來自聆案官或高等法院的其他人員或任何審裁處的向該法院提出的上

訴，而根據或憑藉任何成文法則上訴是須向該法院提出的)，但不包括本規則另有為其訂立條文的上

第 4A 章 - 《高等法院規則》 190

訴，而凡提述“下級法庭”之處，即適用於該宗上訴所來自的任何法庭、審裁處或人。 (1998年第

25號第2條；2008年第152號法律公告)

(2) 為免生疑問以及在不損害第(1)款的一般性的原則下，除文意另有所指外，本命令就自區域

法院向上訴法庭提出的上訴而適用。 (2008年第152號法律公告)

2. 本命令對重新審訊申請的適用範圍

(第59號命令第2條規則)

本命令(第3(1)條規則中規定上訴須以再次聆訊的方式進行的部分及第11(1)條規則除外)適用於

向上訴法庭提出的重新審訊申請，亦適用於將在有陪審團或無陪審團的情況下進行審訊後所作出的

裁決、裁斷或判決作廢的申請，一如其適用於向該法院提出的上訴；而在本命令中，凡提述上訴及

上訴人之處，均須據此解釋。

(1998年第25號第2條)

上訴的一般條文

2A. 向上訴法庭提出上訴許可申請

(第59號命令第2A條規則)

(1) 向上訴法庭提出上訴許可申請，必須藉以列明下述事宜的陳述書支持的傳票提出—

(a) 應批予許可的理由；及

(b) (如上訴時限已屆滿)沒有在該時限內提出申請的原因。

(2) 如在下級法庭的有關法律程序，是在各方之間開展的，則第(1)款所指的申請，必須在各方

之間提出。

(3) 第(1)款所指的申請，在必要時必須包括延展上訴時限的申請。

(4) 意欲反對根據第(1)款在各方之間提出的某申請的一方，須在該申請送達他後14天內，將說

明為何不應批予該申請的陳述書送交上訴法庭存檔和送達申請人。

(5) 上訴法庭可—

(a) 不經聆訊而只基於書面陳述裁定有關申請；或

(b) 指示該申請在口頭聆訊中聆訊，

而在上述兩種情況下，上訴法庭均可就該申請，作出它認為適合的指示。

(6) 凡上訴法庭批准有關申請，上訴法庭可施加它認為適合的條款。

(7) 除第(8)款另有規定外，如有關申請只基於書面陳述而裁定，則因該裁定而感到受屈的一

方，可在獲發給該裁定通知書後7天內，要求上訴法庭在各方之間的口頭聆訊中，重新考慮該裁定。

(8) 凡上訴法庭只基於書面陳述而裁定有關申請，如上訴法庭認為該申請完全缺乏理據，則上

訴法庭可作出命令，規定任何一方不得根據第(7)款，要求在各方之間的口頭聆訊中重新考慮該裁

定。

(9) 依據第(7)款所指的要求而進行的口頭聆訊，可在由下述法官組成的上訴法庭席前進行—

(a) 只基於書面陳述而裁定有關申請的上訴法庭法官；或

(b) 一名或多於一名的只基於書面陳述而裁定有關申請的上訴法庭法官。

(2008年第152號法律公告)

2B. 針對法庭的非正審或其他判決或

命令提出的上訴許可申請

第 4A 章 - 《高等法院規則》 191

(第59號命令第2B條規則)

(1) 除第(4)款及任何其他成文法則另有規定外，針對下述判決或命令的上訴許可申請，只可在

該判決或命令日期起計14天內，向法庭提出以作原審審理—

(a) 法庭非正審判決或命令；

(b) 本條例第14(3)(e)或(f)條指明的法庭判決或命令；或

(2) 在切實可行範圍內，有關申請必須向作出所尋求的上訴許可所針對的有關判決或命令的法

官或聆案官提出。

(3) 凡法庭拒絕有關申請，上訴許可的進一步申請，可在拒絕日期起計14天內，向上訴法庭提

出。

(4) 如上訴法庭容許，有關申請可在有關判決或命令的日期起計14天內，直接向上訴法庭提

出。

(5) 如關乎有關判決或命令的法律程序，是在各方之間開展的，則本條規則所指的申請，必須

在各方之間提出。

(2008年第152號法律公告)

2C. 上訴許可申請遭單一法官拒絕

(第59號命令第2C條規則)

(1) 儘管有第2A(8)條規則的規定，凡根據第2A(1)或2B(3)條規則提出的上訴許可申請由上訴法

庭單一法官經聆訊或不經聆訊而裁定，因該裁定而感到受屈的一方，可在申請遭拒絕的日期起計7天

內，向上訴法庭提出新申請。

(2) 有關一方有權由2名上訴法庭法官組成的上訴法庭裁定有關的新申請。

(3) 先前裁定有關申請的上訴法庭法官，可在上訴法庭開庭裁定有關的新申請。

(2008年第152號法律公告)

3. 上訴通知書(第59號命令第3條規則)

(1) 向上訴法庭提出的上訴，須以再次聆訊的方式進行，並必須藉動議提出，而在本命令中，

動議通知書稱為“上訴通知書”。

(2) 上訴通知書可就下級法庭的裁決或命令的全部或任何經指明的部分發出；每份上訴通知書

均必須指明上訴的理由及上訴人擬要求上訴法庭作出的命令的確實形式。

(3) 除非經上訴法庭或單一名法官許可，否則上訴人無權在上訴聆訊時，倚據任何並無在上訴

通知書中指明的上訴理由，或申請任何並無在上訴通知書中指明的補救。 (1991年第404號法律公

告)

(5) 上訴通知書必須送達在下級法庭進行的法律程序中直接受上訴影響的所有各方；並且除第8

條規則另有規定外，上訴通知書無須送達並非如此受影響的各方。

(6) 在與第6(1)條規則所關乎的案件中，答辯人不得發出上訴通知書。

(1998年第25號第2條)

4. 上訴時限(第59號命令第4條規則)

(1) 除本規則另有規定外，上訴通知書必須在下述限期內，根據第3(5)條規則送達—

第 4A 章 - 《高等法院規則》 192

(a) (如屬本條例第14AA條規定須獲得向上訴法庭提出上訴的許可的情況(但並非(b)段適用

的情況)，或屬本條例第14(3)(e)或(f)條規定須獲得該許可的情況)上訴許可批予日期

後7天；

(b) (如屬針對就公司清盤事宜或破產事宜作出的判決、命令或決定的上訴的情況)該判

決、命令或決定的日期起計的28天；及

律公告)

(2) 凡屬就原訟法庭某項判決而可根據《香港終審法院條例》(第484章)第II部第3分部提出的

上訴，在釐定第(1)款所提述的期限時，無須將下述時間計算在內—

(a) 如有人根據該條例第27C條提出申請，由該判決作出當日至申請獲裁定當日為止的一段

時間；或

(b) 如有人根據該條例第27D條提出申請，由該判決作出當日至申請獲裁定當日為止的一段

時間。 (2002年第11號第7條)

(3) (由2008年第152號法律公告廢除)

(4) 就來自區域法院的上訴而言，上訴通知書必須在下述限期內，根據第3(5)條規則送達—

(a) (如屬《區域法院條例》(第336章)第63(1)或(1B)條規定須獲得向上訴法庭提出上訴的

許可的情況)上訴許可批予日期後7天；及

(b) (如屬針對《區域法院條例》(第336章)第63(3)條指明的命令的上訴的情況，或屬針對

根據《區域法院規則》(第336章，附屬法例H)第49B號命令發出或作出的監禁命令的上

訴的情況)該命令作出日期後28天。 (2008年第152號法律公告)

5. 排期上訴(第59號命令第5條規則)

(1) 在上訴通知書的送達完成的日期後7天內，上訴人必須向司法常務官遞交─ (2008年第152

號法律公告)

(a) 該判決或命令的加蓋印章文本一份，以及附有理由的決定(如有的話) 文本一份；及

(b) 該上訴通知書的文本兩份，其中1份須註明已付費用的款額，而另一份則須註有該通知

書的送達日期的證明書。

(2) 在該等文件留交後，司法常務官須將上訴通知書的文本一份存檔並安排將上訴編入上訴審

訊表內排期；除非上訴法庭或該法院的一名大法官另有命令，否則上訴須按照其在該審訊表內的次

序進行聆訊。 (1998年第25號第2條)

(3) 在上訴排期後4天內，上訴人必須向獲送達上訴通知書的所有各方發出具此意思的通知書。

(2008年第152號法律公告)

6. 答辯人通知書(第59號命令第6條規則)

(1) 獲送達上訴通知書的答辯人，如意欲─

(a) 在上訴中提出爭議，表示不論結果如何，或在上訴全部或部分得直的情況下，下級法

庭的決定應予以更改，或

(b) 提出爭議，認為下級法庭的決定，應基於該法庭所倚據的理由以外的理由而予以確

認，或

則必須發出具此意思的通知書，指明其爭議的理由，而在(a)或(c)段所關乎的情況中，亦須指明他

第 4A 章 - 《高等法院規則》 193

擬要求法庭作出的命令的確實形式。

(2) 除非經上訴法庭或單一名法官許可，否則答辯人無權在上訴聆訊時，申請任何並無在根據

第(1)款發出的通知書中指明的補救，或為支持任何爭議而倚據任何並無在該通知書中指明的任何理

由或倚據任何並無被下級法庭所倚據的理由。 (1991年第404號法律公告；1998年第25號第2條)

(香港)(3) 答辯人根據本條規則發出的任何通知書(在本命令中稱為“答辯人通知書”)，必須送達

上訴人及所有在下級法庭進行的法律程序的各方之中直接受答辯人的爭議影響的各方，並─

(a) 如上訴通知書是關於非正審命令的，則必須在上訴通知書送達答辯人後14天內送達，

及

(b) 如屬任何其他情況，則必須在上訴通知書送達答辯人後21天內送達。

(4) 發出答辯人通知書的一方，必須在該通知書送達後2天內，向司法常務官提供該通知書的文

本2份。

7. 上訴通知書及答辯人通知書的修訂

(第59號命令第7條規則)

(1) 上訴通知書及答辯人通知書可在下列情況下作出修訂─

(a) 於任何時間由上訴法庭或單一名法官作出修訂，或於任何時間在上訴法庭或單一名法

官的許可下作出修訂； (1991年第404號法律公告；1998年第25號第2條)

(b) 如並無上述許可，可藉在聆訊上訴的編定日期前3星期或之前送達補充通知書而作出修

訂。

(2) 根據本條規則獲送達補充通知書的一方，必須在該通知書送達後2天內，向司法常務官提供

該通知書的文本兩份。

8. 法院就送達而作出的指示(第59號命令第8條規則)

(1) 上訴法庭或單一名法官可在任何情況下，指示上訴通知書或答辯人通知書須送達在下級法

庭進行的法律程序的任何未獲送達的一方，或並非該等法律程序的一方的任何人。 (1991年第404

號法律公告；1998年第25號第2條)

(2) 凡有指示根據第(1)款作出，上訴的聆訊可按公正的條款延期或押後一段公正的期限，並可

就上訴作出假若依據該指示獲送達的人原本是一方則本可作出的判決及命令。

9. 須由上訴人遞交的文件(第59號命令第9條規則)

(1) 上訴人在上訴排期聆訊當日前的14天之前，必須安排向司法常務官遞交下列文件(其文本數

目由第(2)款規定)，即─ (2008年第152號法律公告)

(a) 上訴通知書；

(b) 答辯人通知書；

(d) 下級法庭的判決或命令；

(e) 藉以開展在下級法庭的法律程序的原訴法律程序文件、屬上訴標的之任何非正審或其

他有關法律程序文件、狀書(包括詳情)(如有的話)，並如屬海事訟案或事宜中的上

訴，則亦須遞交預備文件(如有的話)；

(f) 關於下級法庭的判決或命令的正式速記紀錄(如有的話)的謄本，或如並無該紀錄，則

為法官或法官所作的關於其作出判決或命令的理由的紀錄； (1998年第25號第2條)

第 4A 章 - 《高等法院規則》 194

(g) 如有在下級法庭提出而與上訴所爭論的任何問題有關的證據(如有的話)，則為正式速

記紀錄之中的有關部分的謄本，或如並無該紀錄，則為大法官或法官所作的證據紀錄

之中關於任何該等問題的部分；

(h) 根據第35號命令第11條規則編製的證物表或證據附表(視屬何情況而定)；

(香港)(i) 在下級法庭作為證據而與上訴所爭論的任何問題有關的文件、誓章、證物或部

分證物。

(2) 除另有指示外，按照第(1)款須予遞交的文件文本數目為三份，但在下列情況下除外─

(a) 凡上訴是會由兩名法官聆訊者，文本數目為兩份；或

(b) 如屬海事訟案或事宜的上訴，文本數目為四份，或如上訴法庭會聯同裁判委員聆訊上

訴，則為六份。 (1998年第25號第2條)

(2A)凡第(1)款(f)及(g)段所提述的謄本(如有的話)已由上訴人要求提供及付款，上訴人須按照

第(2)款規定的數目將該等謄本的文本直接送交司法常務官。 (2008年第152號法律公告)

(3) 在上訴已按照第5條規則排期後的任何時間，司法常務官可就須在上訴時交出的文件、該等

文件的提交方式及進行上訴所附帶的其他事宜，作出看來最宜於使上訴得到公正、迅速及合乎經濟

原則的處置的指示。

(4) 第(3)款所提述的指示可在並無聆訊的情況下作出，但司法常務官可在任何時間發出傳票，

規定上訴的各方在其席前出席，而上訴的任何一方均可在任何時間申請約見司法常務官。

10. 法院的一般權力(第59號命令第10條規則)

(1) 就上訴而言，上訴法庭具有原訟法庭就修改及其他方面所具有的一切權力及職責。

(2) 上訴法庭具有權力藉在法庭上進行口頭訊問、誓章或在訊問員席前錄取的書面供詞而收取

關於事實問題的進一步證據；但除非有特別理由，否則上訴法庭不得接納該進一步證據(關於在審訊

或聆訊日期後發生的事宜的證據除外)。 (2008年第152號法律公告)

(3) 上訴法庭具有權力作出事實的推論，作出本應作出的判決及命令，並作出情況所需的進一

步或其他命令。

(4) 即使並無上訴通知書或答辯人通知書就下級法庭的決定的某特定部分發出或由該法庭中的

法律程序的某一方發出，或該通知書並無指明應判上訴得直或應確認或更改該法庭的決定的理由，

上訴法庭仍可行使其根據本條規則前述條文而具有的權力；並且上訴法庭可作出任何命令並施加其

認為公正的條款，以確保能就各方之間所爭議的真正問題的是非曲直作出裁定。

(5) 上訴法庭在特殊情況下，可命令就上訴的訟費提供公正的保證。

(6) 上訴法庭就上訴而具有的權力，不得因並無上訴就之而提出的非正審命令而受到限制。

(7) 藉上訴法庭的命令而扣管的文件，除非是為遵從上訴法庭的命令，否則不得脫離該法院的

保管而交出：

但如律政專員或刑事檢控專員就此作出書面請求，被如此扣管的文件須交付他保管。

(8) 藉上訴法庭的命令而扣管的文件，在由該法院保管的期間，不得予以查閱，但獲該法院的

命令授權進行查閱的人不在此限。

(9) 在任何在上訴法庭席前待決的訟案或事宜所附帶的法律程序中，由本條規則賦予上訴法庭

的權力可由單一名法官行使： (1991年第404號法律公告)

但上訴法庭的該等權力，只可由該法院或單一名法官就以下事宜行使─

(a) 強制令的授予、更改、撤銷或強制執行，或為代替強制令而作出的承諾；及

(b) 擱置執行或擱置法律程序的批予或撤銷。

(1998年第25號第2條)

第 4A 章 - 《高等法院規則》 195

11. 法院就重新審訊而具有的權力(第59號命令第11條規則)

(1) 在聆訊任何上訴時，上訴法庭如認為適合，可作出如其依據要求重新審訊或將下級法庭的

裁決、裁斷或判決作廢的申請而可作出的命令的任何命令。

(2) 除非上訴法庭認為已因錯誤指示、證據的不當接納或不當拒納、或由於無人要求主審法官

將某問題交由陪審團判決以致陪審團並無就該問題作裁決而命令作重新審訊，而造成重大錯誤或司

法不公，否則上訴法庭並非一定需要因此而命令作重新審訊。

(3) 上訴法庭可就任何問題命令重新審訊而不干預就任何其他問題作出的裁斷或決定；如上訴

法庭覺得第(2)款所述的任何錯誤或司法不公只對所爭議的事宜的部分或只對一方或數方有影響，上

訴法庭可命令只就該部分或該一方或該數方進行重新審訊，並就餘下部分或餘下各方作出最終判

決。

(4) 凡上訴法庭具有權力以陪審團所判給的損害賠償過多或不足為理由而命令重新審訊，上訴

法庭可以下列方式代替命令重新審訊─

(a) 在所有有關各方同意下，以上訴法庭覺得恰當的款額代替陪審團所判給的款額；

(b) 在有權收取或有法律責任支付損害賠償(視屬何情況而定)的一方同意下，就任何錯誤

地包括或不包括在陪審團所判給的款額內的個別損害賠償項目，削減或增加陪審團所

判給的款額，款額以上訴法庭覺得恰當者為準；

但除如前述者外，上訴法庭並無權力削減或增加陪審團所判給的損害賠償。

(5) 不得以法官裁定某份文件已加蓋足夠印花或無須加蓋印花為理由而命令重新審訊。

(1998年第25號第2條)

12. 上訴時的證據(第59號命令第12條規則)

凡上訴涉及任何事實問題，除上訴法庭或單一名法官另有指示外，在下級法庭錄取的關於該問

題的證據須以下列方式提交上訴法庭席前─

(a) 如證據是藉誓章錄取，交出該誓章的真實文本；

(b) 如證據是以口頭方式提供，提交正式速記紀錄謄本的有關部分，或如法官或法官曾表

示若有上訴提出其紀錄已屬足夠，則為提交其紀錄的文本一份，或以上訴法庭或單一

名法官所指示的其他方式提交。

(1991年第404號法律公告；1998年第25號第2條)

12A. 款項繳存法院一事不得予以披露

(第59號命令第12A條規則)

(1) 凡─

(a) 就要求債項、損害賠償或救助的訴訟提出上訴，而上訴的問題是關於債項、損害賠償

或救助的法律責任或是關於債項、損害賠償或救助的款額，及

(b) 在下級法庭的法律程序中，已根據第22號命令在判決之前將款項繳存法院，

則付款一事及所付款額及按照第22號命令作出的任何有關提議的條款，不得在上訴通知書或答辯人

通知書或任何補充通知書內述明，亦不得傳達上訴法庭，直至所有該等問題已有決定為止。如上訴

只涉及訟費，或上訴是在一宗以在訴訟前已提供付款的抗辯作訴的訴訟中提出，則本條規則不適

用。 (1998年第25號第2條；2008年第152號法律公告)

(2) 為遵從本條規則，上訴人必須安排在其根據第9(d)及(f)條規則遞交的文件的文本中，略去

其中述明在該法院的法律程序中已有款項在判決之前繳存法院的每一部分。

第 4A 章 - 《高等法院規則》 196

13. 擱置執行等(第59號命令第13條規則)

(1) 除下級法庭或上訴法庭或單一名法官另有指示外─

(a) 上訴不具有將根據下級法庭的決定作出的執行或進行的法律程序擱置的效力；

(b) 上訴不會令任何中期行動或法律程序失效。

(2) 除非下級法庭另有命令，否則在來自下級法庭的上訴中，對於因上訴而被延遲的執行時

間，須判給利息。 (2008年第152號法律公告)

(1998年第25號第2條)

14. 向上訴法庭提出申請(第59號命令第14條規則)

(1) 除非另有指示，否則所有並非單方面的向上訴法庭或單一名法官提出的申請，均必須藉傳

票提出，而該傳票必須在其聆訊之日前2整天或之前送達受影響的一方或各方；或如申請是在上訴時

限屆滿後提出，則傳票必須在其聆訊之日前7天或之前送達。 (1991年第404號法律公告)

(1A)為支持任何申請(不論是單方面或是在各方之間提出)，申請人須將上訴法庭或單一名法官

所指示的文件遞交司法常務官；而第9(3)及(4)條規則在加以任何必要的變通後，即適用於申請，一

如其適用於上訴。 (1991年第404號法律公告)

(2) (由2008年第152號法律公告廢除)

(2A)-(2B) (由2008年第152號法律公告廢除)

(3) 凡單方面申請遭下級法庭拒准，為類同目的而提出的申請，可在拒准的日期後7天內單方面

向上訴法庭提出。

(3A)凡根據第(3)款向上訴法庭提出的單方面申請獲批准，批准申請的命令的通知書必須送達受

影響的一方或各方。 (2008年第152號法律公告)

(3B) 獲送達通知書的一方，有權在該通知書送達後7天內，向上訴法庭申請在公開法庭上，

在各方之間對批准有關申請的命令作重新考慮。 (2008年第152號法律公告)

(4) 每當根據本規則某申請可向下級法庭或上訴法庭提出，則除非有特殊情況令向下級法庭提

出申請不可能或不切實可行，否則初步不得向上訴法庭提出該申請。

(5)-(6) (由2010年第17號第112條廢除)

(6A) (由2010年第17號第112條廢除)

(7) 除非另有指示，否則可由單一名法官聆訊的申請須在內庭聆訊。 (2008年第152號法律公

告)

(8)-(9) (由1991年第404號法律公告廢除)

(10) 單一名法官可將任何其認為應由上訴法庭決定的事宜轉交上訴法庭，而在該宗轉交

後，上訴法庭可將該事宜處置，或將該事宜連同其認為適合的指示發還單一名法官或司法常務官。

(11) (由1991年第404號法律公告廢除)

(12) 來自單一名法官的裁定的上訴，須向上訴法庭提出，並須以新申請的方式在上訴所針

對的裁定作出10天內提出。 (2008年第152號法律公告)

(13) 本條規則並不就上訴許可申請而適用。 (2008年第152號法律公告)

(1998年第25號第2條)

14A. 非正審申請的裁定

(第59號命令第14A條規則)

第 4A 章 - 《高等法院規則》 197

(1) 上訴法庭(包括上訴法庭單一名法官)可就在上訴法庭席前待決的訟案或事宜，不經聆訊而

只基於書面陳詞而裁定非正審申請。

(2) 上訴法庭(包括上訴法庭單一名法官)如認為有需要或合宜，可指示非正審申請須在由2或3

名上訴法庭法官組成的上訴法庭席前聆訊。

(3) 為免生疑問，本條規則並不阻止原訟法庭法官按照本條例第5(2)條，以上訴法庭額外法官

身分進行聆訊。

(2008年第152號法律公告)

15. 時限的延展(第59號命令第15條規則)

在不損害上訴法庭或單一名法官根據第3號命令第5條規則延展或縮短本命令的任何條文所訂明

的時限的權力下，根據第4條規則送達上訴通知書或根據第14(3)條規則單方面提出申請的時限，可

由下級法庭應在該時限屆滿前提出的申請而予以延展或縮短。

(1991年第404號法律公告；1998年第25號第2條)

關於特定上訴的特別條文

16. 針對暫准判令的上訴(第59號命令第16條規則)

(1) 本條規則的以下條文適用於在一宗婚姻訴訟中針對離婚暫准判令或婚姻無效的暫准判令而

向上訴法庭提出的上訴。

(1A)針對法庭批予的暫准判令向上訴法庭提出上訴，屬當然權利。 (2008年第152號法律公告)

(2) 第4條規則所指明的28天期限由判令宣告的日期起計算，而第15條規則不適用於該期限。

(2008年第10號第30條)

(3) 上訴人必須在第(2)款所述的期限內向司法常務官交出上訴所針對的判令的蓋章文本，並將

該命令的文本一份及上訴通知書的文本兩份(其中一份須註明已繳費用的款額，而另一份則須註有通

知書的送達日期證明書)留交司法常務官；除非本款已予遵從，否則上訴不屬有效。 (1991年第404

號法律公告)

(4) 就第5條規則而言，留交該等文本即足以將該上訴排期，而第5(1)條規則並不適用。

(5) 任何一方擬單方面向上訴法庭申請延展第(2)及(3)款所提述的期限，必須在提出申請前就

其意圖向適當的司法常務官發出通知；而凡上訴法庭作出任何命令延展該期限，司法常務官有責任

隨即就該命令的作出及其條款向適當的司法常務官發出通知。 (2000年第28號第47條)

(6) 在本條規則中，“適當的司法常務官”(the appropriate Registrar)─

(a) 就在區域法院待決的訟案而言，指該法院的司法常務官。 (2000年第28號第47條)

(1998年第25號第2條)

19. 來自區域法院的上訴(第59號命令第19條規則)

(1) 本條規則的以下條文適用於向上訴法庭提出來自區域法院的上訴，但針對離婚暫准判令或

婚姻無效的暫准判令的上訴除外。

(2) 上訴通知書必須送達區域法院的司法常務官，亦必須送達根據第3條規則須予送達的一方或

各方。 (2000年第28號第47條)

(3) (由2008年第152號法律公告廢除)

(4) 除非上訴法庭或單一名法官另有指示，否則由曾在區域法院出席的人作出的誓章或紀錄不

第 4A 章 - 《高等法院規則》 198

得在上訴法庭席前用作證據，但事先已呈交有關法官供其評論者不在此限。(1991年第404號法律公

告；2008年第152號法律公告)

(4A) 如在區域法院的法律程序中，被告人在判決前向法院繳存一筆款項，以了結原告人的訴訟

因由，或了結合併在一宗訴訟中的一宗或多於一宗的訟案，或該筆款項是就一筆被告人承認須付給

原告人的款項而繳存，則第12A條規則適用。

(4B) 第12A(1)條規則在猶如提述第22號命令之處是提述《區域法院規則》(第336章，附屬法例

H)第22號命令的情況下適用。 (2008年第152號法律公告)

(5) 除《區域法院條例》(第336章)第66條的條文另有規定外，第13(1)(a)條規則適用。

(1998年第25號第2條)

20. 藐視法庭罪案件中的上訴(第59號命令第20條規則)

(1) 在針對原訟法庭的一名法官就藐視法庭罪所作出的交付羈押令或其他懲罰而向上訴法庭提

出上訴的案件中，上訴通知書必須送達司法常務官，亦必須送達根據第3條規則須予送達的一方或各

方。 (見附錄A表格99)

本款不適用於第19條規則適用的上訴。

(2) 凡在第(1)款所述的上訴中，上訴人是在看管之下，上訴法庭可命令在上訴人提供保證後

(不論是以在有擔保人或無擔保人的情況下提供擔保的方式或以其他方式，而款額以上訴法庭所定的

合理款額為準)將上訴人釋放，所保證的是上訴人在上訴法庭就上訴作出判決後10天內，在作出遭上

訴的命令或決定的法庭席前出庭，除非該命令或決定為該判決所推翻。

(3) 要求根據第(2)款將任何人釋放以待向上訴法庭提出上訴的申請，必須藉動議提出，而動議

通知書必須在其所指明的聆訊日期前24小時或之前送達司法常務官及有關法律程序中直接受上訴影

響的所有各方。

(1998年第25號第2條)

非正審上訴無須上訴許可

的情況

(2008年第152號法律公告)

21. 本條例第14AA(1)條不適用的判決及命令

(第59號命令第21條規則)

(1) 下述判決及命令屬本條例第14AA(1)條(非正審上訴須有上訴許可)不適用者，而針對該等判

決及命令據此提出上訴屬當然權利—

(a) 以簡易程序的方式裁定訴訟一方的實質權利的判決或命令；

(b) 根據本條例第52A(4)條作出的命令；

(d) 根據第49B號命令作出的監禁判定債務人的命令；

(e) 根據第52號命令第1條規則作出的因犯藐視法庭罪而被交付羈押的命令；

(f) 在聆訊司法覆核申請中作出的批予任何濟助的命令；

(g) 根據第53號命令第3條規則作出的拒絕批予申請司法覆核的許可的命令；

(h) 批准解交被拘押者並說明其拘押日期及原因令狀的申請的命令；

(i) 根據第73號命令作出的命令(根據《仲裁條例》(第609章)須有許可方可上訴反對的命

令除外)； (2010年第17號第112條)

第 4A 章 - 《高等法院規則》 199

(j) 根據第83A號命令第4條規則、或第84A號命令第3條規則或在第88號命令第1條規則所指

的按揭訴訟中在各方之間作出的判決；

(k) 第121號命令所指的命令；及

(l) 離婚暫准判令或婚姻無效的暫准判令。

(2) 在不影響第(1)(a)款的一般性的原則下，以下屬以簡易程序的方式裁定某一方的實質權利

的判決及命令—

(a) 第14號命令或第86號命令所指的簡易判決；

(b) 根據第18號命令第19條規則或根據法庭固有的司法管轄權作出的、剔除某宗訴訟或其

他法律程序或狀書或狀書的任何部分的命令；

判決或命令；

(d) 根據第14A號命令第1(2)條規則作出的、在對任何法律問題或任何文件的解釋作出裁定

後撤銷任何訟案或事宜的判決或命令；

(e) 對依據第33號命令第3條規則所指的命令進行審訊的任何問題或爭論點的判決；

(f) 以訴訟程序中無人作出行動為理由而撤銷或剔除某宗訴訟或其他法律程序的命令；

(g) 依據一項“限時履行指明事項”命令取得的判決；

(h) 拒絕將因欠缺行動而作出的判決作廢的命令；

(i) 拒絕容許為引入新申索或抗辯或任何其他新爭論點而修訂狀書的命令；及

(j) 根據第27號命令第3條規則基於承認作出的判決或命令。

(3) 關於某項判決或命令是否第(1)(a)款所提述的判決或命令的指示，可向已作出或將會作出

該項判決或命令的法官尋求。

(4) 對第(1)(b)、(c)、(d)、(e)、(f)、(h)、(i)、(k)及(l)款指明的命令的提述，包括拒

絕、更改或撤銷該命令的命令。

(2008年第152號法律公告)

命令： 60A (香港)來自審裁處對法律問題所作決定的以案件呈述以外的方式向上訴法庭提出的上訴

L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

1. 本命令的適用範圍(第60A號命令第1條規則)

本命令適用於來自任何審裁處對法律問題所作決定的以案件呈述以外的方式向上訴法庭提出的

上訴。

(1998年第25號第2條)

2. 來自審裁處的上訴的通知書(第60A號命令第2條規則)

(1) 本命令適用的上訴，必須藉動議提出，而關於該動議的通知書，在本命令中稱為“上訴通

知書”。

(2) 上訴通知書必須述明上訴的理由，以及須由上訴法庭裁定的法律問題。 (1998年第25號第

2條)

3. 上訴期限(第60A號命令第3條規則)

除任何條例的條文另有規定外，上訴通知書必須在審裁處作出有關判決或命令的日期28天內，

送達在審裁處席前進行的有關法律程序的各方和審裁處。

第 4A 章 - 《高等法院規則》 200

(2008年第152號法律公告)

4. 將上訴排期(第60A號命令第4條規則)

(1) 上訴人必須在上訴通知書送達後7天內，或在司法常務官所容許的更長時限內，向司法常務

官交出─

(a) 有關審裁處的判決或命令的加蓋印章文本一份，以及附有理由的決定(如有的話)文本

一份； (2008年第152號法律公告)

(b) 上訴通知書的文本2份，其中一份須註明已繳費用的款額，而另一份則須註有通知書的

送達日期證明書。

(2) 在該等文件留交後，司法常務官須將上訴通知書的文本一份存檔並安排將上訴編入上訴審

訊表內排期；而除非上訴法庭或單一名法官或司法常務官另有命令，否則上訴須按照其在該審訊表

內的次序進行聆訊。 (1998年第25號第2條)

5. 第59號命令的適用範圍(第60A號命令第5條規則)

第59號命令第9及10條規則，在可予適用的範圍內，適用於本命令所適用的上訴。

(1988年第356號法律公告)

6. 司法常務官有責任將結果通知審裁處

(第60A號命令第6條規則)

司法常務官須將上訴法庭就上訴作出的決定，以及上訴法庭在該決定中作出的任何指示，通知

有關的審裁處。

(1998年第25號第2條)

命令： 61 來自審裁處的以案件呈述的方式向上訴法庭提出的上訴 L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

2. 由審裁處呈述案件(第61號命令第2條規則)

(1) 凡任何審裁處獲賦權或可被要求就某法律問題呈述案件以待上訴法庭作出裁定，則有關法

律程序的任何一方，如因該審裁處拒絕呈述案件而感到受屈，可向上訴法庭或該法院的單一名法官

申請作出命令，要求該審裁處呈述案件。 (1998年第25號第2條)

(2) 根據本條規則提出的申請，必須藉動議提出，而關於該動議的通知書，須概括述明申請的

理由，連同意欲就之取得案件呈述的法律問題和審裁處所給予的拒絕呈述案件的理由，動議通知書

必須在審裁處拒絕呈述案件後28天內，送達審裁處的書記主任或審裁處的司法常務官或司法常務主

任，以及在審裁處席前進行的有關法律程序的其他每一方。 (2000年第28號第47條；2008年第152

號法律公告)

(3) 在動議通知書送達後2天內，申請人必須將通知書的文本兩份遞交司法常務官，而司法常務

官須將有關動議登錄於上訴審訊表內。

(4) 凡任何審裁處根據本條規則被命令呈述案件，該審裁處必須在命令所指明的期限內呈述案

件，述明其作出有關決定所依據的事實及有關決定，並在呈述書上簽署及安排將呈述書以郵遞方式

送交申請人。

(4A) 凡審裁處就其決定而作案件呈述，而該決定述明經審裁處裁斷的所有有關事實，並示明須

第 4A 章 - 《高等法院規則》 201

由上訴法庭決定的法律問題，則一份由主持有關聆訊的人簽署的該決定的文本，須附錄於該案件，

而該等經如此裁斷的事實及須予決定的法律問題，藉提述在該決定中的有關陳述即為在案件中予以

足夠述明。 (1998年第25號第2條)

3. 就案件呈述而進行的程序(第61號命令第3條規則)

(1) 如有案件應某一方之請而由本命令適用的審裁處呈述，該一方必須在收到該案件後28天內

─ (2008年第152號法律公告)

(a) 將該案件的文本一份，連同列出他對有關法律問題的爭議的通知書，送達在審裁處席

前進行的有關法律程序的其他每一方，及

(b) 將通知書的文本一份，送達審裁處的書記主任或審裁處的司法常務官或司法常務主

任。 (2000年第28號第47條)

(2) 在通知書送達後2天內，該一方必須向司法常務官遞交該案件以及通知書的文本兩份，司法

常務官須將該案件登錄於上訴審訊表內，而該案件在登錄日期起計28天屆滿之前不得進行聆訊。

(2008年第152號法律公告)

(3) 凡該案件是根據某成文法則呈述而該成文法則規定某政府部門有權在就該案件進行的法律

程序中獲得聆聽，則該案件的文本，及根據第(1)款送達的通知書的文本，必須送達該部門和律政司

司長。 (1997年第362號法律公告)

(4) 在聆訊該案件時，上訴法庭可修改該案件，或命令將其發還審裁處以作修改。 (1998年第

25號第2條)

(5) 第59號命令第10條規則，在可予適用的範圍內，適用於由本命令所適用的審裁處呈述的案

件。

(6) 司法常務官須將上訴法庭就該案件作出的決定以及上訴法庭就該決定作出的任何指示，通

知審裁處的書記主任或審裁處的司法常務官或司法常務主任。 (1998年第25號第2條；2000年第28

號第47條)

命令： 62 訟費 L.N. 38 of 2011 01/06/2011

訟費

導言

1. 釋義(第62號命令第1條規則)

(1) 在本命令中─

“有權在訟費評定中獲聆聽的一方”(party entitled to be heard on taxation) 指—

(a) 有權獲付訟費的一方；

(b) 已在引致訟費評定法律程序的法律程序中作送達認收的一方，或參與該法律程序任何

部分的一方，而該方在針對他作出的訟費命令下直接負有法律責任；

定的結果方面具有財務利益；或

(d) 在已有任何指示根據第21(3)條規則就某人發出的情況下，指該人； (2008年第152號

法律公告)

(香港)“非爭議事務”(non-contentious business) 指由律師以律師身分辦理的任何非屬爭議事務

的事務；

第 4A 章 - 《高等法院規則》 202

“法律代表”(legal representative) 就法律程序的一方而言，指代表該方進行訴訟的大律師或律

師； (2008年第152號法律公告)

“法院”、“法庭”(the Court) 指高等法院或任何一名或多於一名的高等法院法官，不論其是在

法庭或內庭進行聆訊，並指司法常務官或助理司法常務官或聆案官； (1998年第25號第2條)

(香港)“爭議事務”(contentious business) 指不論以大律師、律師或訟辯人身分辦理的事務，而

該事務是在法院或《仲裁條例》(第609章)所指的仲裁員、公斷人或仲裁庭席前開展的法律程序

中辦理者，或是為該等法律程序辦理者，但普通形式的遺囑認證事務除外； (2005年第10號

第166條；2008年第178號法律公告；2010年第17號第112條)

(香港)“區域法院”(District Court) 指根據《區域法院條例》(第336章)的條文設立的區域法

院，以及該法院的任何法官； (1998年第25號第2條)

“訟費”(costs) 包括費用、收費、代墊付費用、開支及酬金；

(香港)“訟費評定官”(taxing master) 指作為訟費評定官的司法常務官；

“虛耗訟費命令”(wasted costs order) 指根據本條例第52A(4)條作出的命令； (2008年第152號

法律公告)

“經評定的訟費”(taxed costs) 指按照本命令評定的訟費；

(香港)“精神紊亂的人”(mentally disordered person) 指以下的人，即其精神失能的嚴重程度或

其因心智發展停止或不完全而致的精神上有病或弱智狀況，令為其本身或公眾利益將其置於及

保持在控制情況之下是有需要或合宜的；

“證明書”(certificate) 包括訟費評定證明書。

(2) 在本命令中，凡提述任何基金或一筆款項，而訟費是從該基金或該筆款項中撥付或該基金

或該筆款項是由一名受託人或遺產代理人持有，即包括提述為任何人或任何類別的人的利益而持有

的任何遺產或財產，不論其為動產或不動產；又凡提述由一名受託人或遺產代理人持有的基金或一

筆款項，即包括提述該人以該身分(不論單獨或聯同任何其他人)有權持有的基金或一筆款項，不論

該基金或款項當其時是否由他管有。

2. 適用範圍(第62號命令第2條規則)

(香港)(1) 本命令適用於所有在法院進行的法律程序，但無爭議或普通形式的遺囑認證程序以及海

上虜獲事宜中的法律程序除外。

(2) 凡憑藉任何條例，在一名仲裁員或公斷人席前或在一個由任何條例或根據任何條例設立的

審裁處或其他團體席前的法律程序(非屬在高等法院的法律程序)的訟費或附帶費用，是可在原訟法

庭予以評定時，本命令的以下條文，即第7(4)條規則、第8D條規則(第(4)款除外)、第8E條規則、第

9D(1)及(4)條規則、第13及13A條規則、第14至16條規則、第17(1)條規則、第17A及17B條規則、第

18條規則、第21條規則(第(4)款除外)、第21A、21B、21C及21D條規則、第22至26條規則、第28A條

規則(第(4)及(7)款除外)、第32A及32B條規則及第33至35條規則，對評定該等訟費的法律程序具有

效力，一如其對評定在高等法院的法律程序的訟費或其所引致的費用的法律程序具有效力。 (2008

年第152號法律公告)

(2A)凡第22條規則根據第(2)款具有效力，在第22(9)(a)條規則中提述原訟法庭，須理解為提述

仲裁人、公斷人、審裁處或其他團體(視屬何情況而定)。 (2008年第152號法律公告)

(3) 在《區域法院條例》(第336章)的條文、任何根據該條例訂立的規則以及任何其他成文法則

的規限下，本命令具有效力。

(4) 法庭根據本條例第52A及52B條及根據關乎本命令所適用的刑事法律程序的訟費的成文法則

而具有的權力和酌情決定權，須在本命令的規限下按照本命令而行使。 (2008年第152號法律公告)

(1998年第25號第2條)

第 4A 章 - 《高等法院規則》 203

獲付訟費的權利

3. 有關獲付訟費的權利的命令

(第62號命令第3條規則)

(2008年第152號法律公告)

(1) 除本命令的條文另有規定外，任何法律程序的一方，除非是根據法庭命令，否則無權向該

等法律程序的任何另一方，追討該等法律程序的任何訟費或附帶費用。

(2) 如行使其酌情決定權的法庭，認為適合就任何法律程序(非正審法律程序除外)的訟費或附

帶費用作出任何命令，則除本命令另有規定外，法庭須命令該等訟費須視乎訴訟結果而定，但如法

庭覺得就有關案件的情況而言，應就該等訟費的全部或任何部分另作命令，則屬例外。 (2008年第

152號法律公告)

(2A)法庭在行使其酌情決定權時，如認為適合就任何非正審法律程序的訟費或附帶訟費作出任

何命令，除本命令另有規定外，法庭可命令該等訟費須視乎訴訟結果而定，或作出法庭認為適合的

其他命令。 (2008年第152號法律公告)

(3) 除非法庭另有命令，否則未經法庭許可而對傳訊令狀或任何狀書作出的任何修訂的訟費及

其所引起的訟費，須由作出該修訂的一方承擔。

(4) 除非法庭另有命令，否則任何申請延展本規則所定或根據本規則作出的任何指示或命令所

定的將任何文件送達或送交存檔或作出任何其他作為的時限的訟費，以及其所引起的訟費(包括任何

就申請作出的命令的訟費)，須由提出申請的一方承擔。

(5) 如獲送達一份根據第27號命令第2條規則送達的要求承認事實通知書的一方，拒絕或忽略在

通知書送達他後7天內或法庭所容許的較長時限內承認該等事實，則除非法庭另有命令，否則證明該

等事實的訟費須由他支付。

(6) 如─

(a) 已獲依據第24號命令的任何條文送達一份文件清單的一方，或

(b) 已獲依據第27號命令第5條規則送達一份要求承認文件通知書的一方，

按照第27號命令第4(2)或5(2)條規則(視屬何情況而定)，發出不承認該等文件中的任何一份的通知

書，則除非法庭另有命令，否則證明該份文件的訟費須由他支付。

(7) 凡任何被告人未經許可而藉書面通知中止其針對任何一方的反申索，或撤回他在該反申索

中針對任何一方提出的任何特定申索，則除非法庭另有指示，否則該一方有權獲付截至接獲中止或

撤回通知之時，他所招致的關於該反申索的訟費或因該被撤回的申索而引起的訟費(視屬何情況而

定)。

(8) (由2008年第152號法律公告廢除)

(9) 凡任何聲稱是債權人的人─

(a) 尋求按照第44號命令確立他根據任何判決或命令而對一筆債項的申索，或

(b) 依據第102號命令第13條規則所述的任何通知書，前來證明他關於一間公司的所有權、

債項或申索，

如該人的申索成功，則除非法庭另有指示，否則該人有權獲付他因確立其申索而招致的訟費，又如

該人的申索或其任何部分失敗，則該人可被命令支付任何人因反對其申索該部分而招致的訟費。

(10) 凡任何申索人根據第(9)款有權獲付訟費，則除非法庭認為適合指示進行訟費評定，否

則有關訟費的款額須由法庭釐定，而經釐定或准予的款額須加在申索人的債項上。

(11) 凡任何申索人(聲稱是債權人的人除外)，在按照第44號命令確立他根據一項判決或命

令有權提出的申索後，已獲依據該命令第3或15條規則送達關於該項判決或命令的通知書，如該申索

第 4A 章 - 《高等法院規則》 204

人對該通知書作送達認收，則除非法庭另有指示，否則該申索人有權獲付因確立其申索而招致的訟

費，以作為其訴訟訟費的一部分(如准予的話)；而凡該申索人未能確立其申索或其任何部分，該申

索人可被命令支付任何人因反對其申索或該部分而招致的訟費。 (2008年第152號法律公告)

(12) 凡有申請按照第24號命令第7A條規則或第29號命令第7A條規則提出，要求根據本條例

第41、42或44條作出命令，則除非法庭另有指示，否則所尋求的命令所針對的人，有權獲付他的關

於該申請的訟費及附帶費用，以及他遵從任何就該申請作出的命令的訟費，而該人可在給予申請人

為期7天的關於他擬如此行事的通知後，使該等訟費獲評定，如在訟費評定後4天內該等訟費仍未繳

付，該人可簽署關於該等訟費的判決。

4. 處理訟費的法律程序階段(第62號命令第4條規則)

(1) 法庭可在法律程序任何階段或法律程序完結後處理訟費；如法庭認為適合以及命令所針對

的人並非受助人，則即使法律程序尚未完結，任何關於繳付訟費的法庭命令仍可規定有關訟費須立

即支付。

(2) 在一宗上訴案件中，引致該宗上訴的法律程序的訟費，以及該宗上訴的訟費和與該宗上訴

相關連的法律程序的訟費，可由聆訊該宗上訴的法庭處理；而如任何法律程序由任何其他法庭或審

裁處移交或轉移至原訟法庭，則整體法律程序的訟費，包括移交或轉移之前及之後的訟費，可(除命

令作該移交或轉移的法庭或審裁處另有命令外)由該等法律程序移交或轉移所至的法庭處理。

(3) 凡法庭根據第(2)款就任何在另一法庭或審裁處席前進行的法律程序的訟費作出命令，第

28、31及32條規則對該等訟費不適用，但除非是關於由區域法院或土地審裁處移交或轉移前來的法

律程序的訟費，否則該命令─ (2008年第152號法律公告)

(a) 須指明會准予的訟費款額，或

(b) 須指示訟費須由該等法律程序曾在其席前進行的法庭或審裁處評估或由該法庭的一名

人員評定，或

進行的法律程序的)可指示訟費須由訟費評定官評定。

(1998年第25號第2條；2008年第152號法律公告)

5. 行使酌情決定權時須予考慮的特別事宜

(第62號命令第5條規則)

(1) 法庭就訟費行使其酌情決定權時，須在有關情況下屬於恰當的範圍(如有的話)內，考慮─

(2008年第152號法律公告)

(aa) 第1A號命令第1條規則列出的基本目標； (2008年第152號法律公告)

(a) 第16號命令第10條規則所述的任何分擔提議，而該提議是依據一項保留使法庭知悉此

事的權利而使法庭知悉者；

(b) 任何繳存法院的款項及其款額；

(d) 任何明示為“除訟費外無損權利”且關乎有關法律程序的任何爭論點的書面提議，但

如作出該提議的一方在提議作出時，本可藉根據第22號命令作出附帶條款付款或附帶

條款和解提議，以就訟費作自保，則法庭不得考慮該提議； (2008年第152號法律公

告)

(e) 各方的行為舉措； (2008年第152號法律公告)

(f) 某一方是否已在其案件中局部勝訴(即使他並未全盤勝訴)；及 (2008年第152號法律

第 4A 章 - 《高等法院規則》 205

公告)

(g) 法院已被促請注意的由某一方作出的任何可被接納的和解提議。 (2008年第152號法

律公告)

(2) 就第(1)(e)款而言，各方的行為舉措包括—

(a) 某一方提出或持續某特定指稱或爭論點，或對某特定指稱或爭論點提出爭議，是否屬

合理；

(b) 某一方持續其案件或某特定指稱或爭論點或對之作出抗辯的方式；

(d) 在法律程序展開前以及法律程序進行中的行為舉措。 (2008年第152號法律公告)

6. 對命令支付訟費的酌情決定權的限制

(第62號命令第6條規則)

(1) 即使本命令或本條例第52A條另有規定─

作出通知，表示他僅是堅持該遺囑須以嚴謹的法律形式認證，並只擬盤問所交出以支

持該遺囑的證人，則除非法庭認為並無反對該遺囑的合理理由，否則法庭不得作出命

令，規定該反對遺囑的一方須支付對造的訟費。

(2) 凡任何人以受託人、遺產代理人或承按人的身分作為或曾經作為任何法律程序的一方，則

除非法庭另有命令，否則該人有權從該受託人或遺產代理人所持有的基金或款項或有關的按揭財產

(視屬何情況而定)中，取回該等法律程序的訟費，但僅以其未能從任何其他人討回者或未由任何其

他人支付者為限；法庭只能以該受託人、遺產代理人或承按人曾不合理地行事為理由而另作命令，

或如該人是受託人或遺產代理人，則法庭只能以該受託人或遺產代理人實質上曾為其本人的利益而

非為該基金或款項的利益行事為理由而另作命令。

6A. 有利於或針對並非訴訟一方的訟費命令

(第62號命令第6A條規則)

(1) 凡法庭正在考慮是否行使它在本條例第52A或52B條下的權力，以作出有利於或針對並非有

關法律程序一方的人的訟費命令—

(a) 該人必須僅為訟費目的，而加入成為該法律程序的一方；及

(b) 該人必須獲得合理機會，出席法庭將進一步考慮有關事宜的聆訊。

(2) 本條規則不適用於法庭考慮是否作出下述命令—

(a) 虛耗訟費命令；或

(b) 根據本條例第41或42條作出的命令。

(2008年第152號法律公告)

7. 因不當行為或疏忽而引致的訟費

(第62號命令第7條規則)

(1) 凡在任何訟案或事宜中，任何一方曾或有人曾代任何一方不當地或不必要地作出任何事情

或造成任何遺漏，法庭可指示不准予該一方關於該事情或遺漏的訟費，並指示任何由該事情或遺漏

引致的其他各方的訟費，須由該一方付給其他各方。

(2) 在不損害第(1)款的一般性的原則下，法庭為施行該款須特別顧及以下事宜，即─

第 4A 章 - 《高等法院規則》 206

(aa) 第1A號命令第1條規則列出的基本目標； (2008年第152號法律公告)

(a) 所遺漏作出的事情，而倘若作出該事情旨在節省訟費的；

(b) 所作出的任何旨在引致不必要的訟費的事情，或旨在引致不必要的訟費而以某種方式

或在某個時間作出的任何事情；

(3) 法庭可不根據第(1)款就任何已作出的事情或造成的遺漏作出指示，而改為指示訟費評定官

須就該事情或遺漏進行查訊，並在他覺得本應有前述指示就該事情或遺漏作出時猶如已有適當指示

作出般行事。

(4) 就任何在訟費評定過程中作出的事情或造成的遺漏而言，訟費評定官所具有的不准予或判

給訟費的權力，與法庭根據第(1)款具有的關於指示訟費不准予任何一方或訟費須由任何一方支付的

權力相同。 (2008年第152號法律公告)

(5) (由2008年第152號法律公告廢除)

8. 法律代表對訟費的個人法律責任—

虛耗訟費命令

(第62號命令第8條規則)

(1) 法庭可針對某法律代表作出虛耗訟費命令，但該命令僅可在下述情況下作出—

(a) 該法律代表(不論是本人或透過其僱員或代理人)導致一方招致本條例第52A(6)條所界

定的虛耗訟費；及

(b) 在整體情況下，命令該法律代表賠償該等訟費的全數或其部分給該方是公正的。

(2) 虛耗訟費命令可—

(a) 不准予法律代表與其當事人之間的訟費；及

(b) 指示該法律代表—

(i) 須向其當事人償還該當事人被命令支付給該法律程序的其他各方的訟費；或

(ii)須彌償其他各方所招致的訟費。

(3) 法庭須給予有關法律代表合理機會出席聆訊，以提出法庭不應作出上述命令的理由。

(4) 法庭作出虛耗訟費命令時，須—

(a) 指明不准予或須支付的款額；或

(b) 指示聆案官決定不准予或須支付的訟費的款額。

(5) 法庭可就在每宗案件中應依循的程序，作出指示，以確保有關爭論點以公平的方式及在有

關情況所容許的最簡單和簡易的方式獲得處理。

(6) 法庭可指示必須以它指示的方式，向有關法律代表的當事人發出以下事項的通知—

(a) 根據本條規則進行的任何法律程序；或

(b) 根據本條規則針對該法律代表作出的任何命令。

(7) 法庭作出虛耗訟費命令前，可指示聆案官查訊有關事宜，並向法庭作出報告。

(8) 法庭可將虛耗訟費的問題轉交聆案官，而不作出虛耗訟費命令。

(9) 法庭如認為適合，可指示或授權法定代表律師出席和參與根據本條規則進行的任何法律程

序或查訊，並可就支付法定代表律師的訟費，作出它認為適合的命令。

(2008年第152號法律公告)

8A. 法庭可主動或應申請作出虛耗訟費命令

(第62號命令第8A條規則)

第 4A 章 - 《高等法院規則》 207

(1) 法庭可主動針對某法律代表作出虛耗訟費命令。

(2) 任何一方可—

(a) 在聆訊過程中以口頭形式；或

(b) 以藉傳票提出非正審申請的方式，

申請虛耗訟費命令。

(3) 凡一方以藉傳票提出非正審申請的方式，申請虛耗訟費命令，該方須在該傳票所指明的聆

訊日期前的2整天之前，將該傳票送達—

(a) 有關的法律代表；

(b) 該法律代表所代表的任何一方；及

(4) 虛耗訟費命令的申請，不得在該命令所關乎的法律程序完結前提出或處理，但如法庭信納

有合理因由在該法律程序完結前提出或處理該申請，則屬例外。

(5) 虛耗訟費命令的申請，須由進行該命令所關乎的法律程序的法官或聆案官聆訊，但如因特

殊情況不宜如此行事，則屬例外。

(2008年第152號法律公告)

8B. 考慮是否作出虛耗訟費命令的階段

(第62號命令第8B條規則)

(1) 法庭須分兩個階段考慮是否作出虛耗訟費命令—

(a) 在第一階段，法庭必須信納—

(i) 如在它席前的證據或其他材料不獲回應，則相當可能會導致作出虛耗訟費命令；

及

(ii)儘管須耗用相當可能涉及的訟費，有關虛耗訟費法律程序仍屬有充分理據支持；

及

(b) 在第二階段(即使法庭根據(a)段信納有關事宜)，法庭在給予有關法律代表機會提出法

庭不應作出虛耗訟費命令的理由後，須考慮按照第8條規則作出命令，是否適當。

(2) 凡有要求作出虛耗訟費命令的申請提出，法庭如信納有關法律代表已有合理機會提出法庭

不應作出虛耗訟費命令的理由，則可在沒有先將有關聆訊押後的情況下，進入第(1)(b)款所描述的

第二階段。在其他情況下，法庭在進入第二階段前，須將該聆訊押後。

(3) 凡有要求作出虛耗訟費命令的申請提出，用作支持的證據必須辨識以下事項—

(a) 有關法律代表被指稱已作出的或沒有作出的是何事；及

(b) 可命令他支付的訟費，或針對他而尋求的訟費。

8C. 虛耗訟費命令的申請不得用作恐嚇手段

(第62號命令第8C條規則)

(1) 任何一方不得由其本人或由代表他的另一人以申請虛耗訟費命令，威脅另一方或該另一方

的任何法律代表，以脅迫或恐嚇該另一方或其法律代表，使他作出或不作出任何事。

(2) 除非一方信納他能夠—

(a) 詳細描述指稱導致有關的虛耗訟費的法律代表的行為；及

(b) 辨識他賴以支持該指稱的證據或其他材料，

否則該方不得向另一方或該另一方的任何法律代表，表示他擬申請虛耗訟費命令。

(2008年第152號法律公告)

第 4A 章 - 《高等法院規則》 208

8D. 法律代表對訟費的個人法律責任—

補充條文(第62號命令第8D條規則)

(1) 凡在訟費評定官席前的法律程序中，代表任何一方的法律代表有疏忽或延遲之咎，或使任

何另一方就該法律程序承擔任何不必要的開支，訟費評定官可指示該法律代表本人向該法律程序的

任何一方支付訟費。

(2) 凡任何法律代表沒有在本命令所定或根據本命令所定的時限內，將訟費單(連同本命令所規

定的文件)送交存檔作訟費評定之用，或在其他方面延遲或妨礙訟費評定，除非訟費評定官另有指

示，否則該法律代表不得獲准予收取他本有權就草擬訟費單和出席訟費評定而收取的費用。

(3) 如任何訟費須從不屬由立法會依據《法律援助條例》(第91章)第27條提供的款項的任何款

項中撥付，而在進行該訟費的訟費評定時，某法律代表的訟費單上的訟費，經評定後被削減六分之

一或多於六分之一的款額，則該法律代表不得獲准予收取他本有權就草擬該訟費單和出席訟費評定

而收取的費用。

(4) 在任何法律程序中，凡須支付關乎法院費用的某成文法則訂明的費用的一方有法律代表，

而根據該成文法則須予支付的費用或其任何部分並沒有按訂明的方式支付，則法庭可應法定代表律

師藉傳票提出的申請，命令該法律代表本人須—

(a) 按如此訂明的方式支付該筆款項；及

(b) 支付法定代表律師提出該申請的訟費。

(5) 除非法律代表已獲給予合理機會提出—

(a) 不應根據本條規則作出支付任何訟費或費用的指示或命令的理由；或

(b) 不應根據本條規則不准予任何費用的理由，

否則不得根據本條規則指示或命令法律代表支付任何訟費或費用，亦不得根據本條規則不准予法律

代表任何費用。

(6) 訟費評定官在根據第(1)款作出指示時—

(a) 須指明須支付的款額；及

(b) 可就每宗案件應遵循的程序，作出指示，以確保有關爭論點以公正以及有關情況所允

許的盡量簡單及簡易的方式處理。

(7) 法庭或訟費評定官可指示必須按法庭或訟費評定官指示的方式，向根據本條規則作出的任

何指示或命令所針對的法律代表的當事人，發出關乎該指示或命令的通知書。

(2008年第152號法律公告)

8E. 考慮是否根據第8D(1)條規則作出指示的階段

(第62號命令第8E條規則)

(1) 訟費評定官須分兩個階段考慮是否根據第8D(1)條規則作出指示—

(a) 在第一階段，訟費評定官必須信納—

(i) 如在他席前的證據或其他材料不獲回應，則相當可能會導致根據第8D(1)條規則作

出指示；及

(ii)儘管須耗用相當可能涉及的訟費，該項指示仍屬有充分理據支持；及

(b) 在第二階段(即使訟費評定官根據(a)段信納有關事宜)，訟費評定官在給予有關法律代

表機會提出訟費評定官不應作出該項指示的理由後，須考慮作出該項指示，是否適

當。

(2) 凡有要求作出第8D(1)條規則所指的指示的申請提出，訟費評定官如信納有關法律代表已有

第 4A 章 - 《高等法院規則》 209

合理機會提出訟費評定官不應作出該項指示的理由，則可在沒有先將有關聆訊押後的情況下，進入

第(1)(b)款所描述的第二階段。在其他情況下，訟費評定官在進入第二階段前，須將該聆訊押後。

(3) 凡有要求作出第8D(1)條規則所指的指示的申請提出，用作支持的證據必須辨識以下事項—

(a) 有關法律代表被指稱已作出的或沒有作出的是何事；及

(b) 可指示他支付的訟費，或針對他而尋求的訟費。

(2008年第152號法律公告)

9. 經評定的訟費、零碎的經評定的訟費或為

不屬非正審申請以簡易程序評估訟費

(第62號命令第9條規則)

(2008年第152號法律公告)

(1) 除本命令另有規定外，凡藉本規則或法庭的任何命令或指示，或根據本規則或法庭的任何

命令或指示，訟費須付給某人，該人即有權獲付其經評定的訟費。

(2) 第(1)款不適用於藉法庭的任何命令或指示或根據法庭的任何命令或指示須作以下處理的訟

費─

(a) 須就任何由原訟法庭根據本條例第21L條委任的接管人的酬金、代墊付費用或開支而付

給該接管人者；或 (1998年第25號第2條)

(b) 須由訟費評定官評估或算定者，

但第28、28A、31及32條規則適用於由訟費評定官對須如前述般予以評估或算定的訟費所作的評估或

算定，一如其適用於由訟費評定官所作的訟費評定。

(3) 凡在任何訴訟中，一份令狀已按照第6號命令第2(1)(b)條規則加上註明，而判決亦已在沒

有發出擬抗辯通知書或欠缺抗辯書的情況下就所申索的關於訟費的款項(不論是單獨或連同其他的申

索款項)登錄，則本條規則第(1)款不適用於該等訟費，但如前述的就訟費而申索的款項已按照該註

明支付(或已被原告人猶如其是如此支付般接受)，則被告人仍有權要求將該等訟費評定。

(4) 法庭在將訟費判給任何人時，可指示該人有權獲付以下訟費而非經評定的訟費─

(a) 經評定的訟費的某個由指示指明的比例部分，或指示所指明的由法律程序的某個階段

開始計算或計算至法律程序的某個階段的經評定的訟費；或

(b) 以簡易程序評估的款項，以代替經評定的訟費。 (2008年第152號法律公告)

(5) 本條規則不適用於非正審申請的訟費。 (2008年第152號法律公告)

9A. 以簡易程序評估非正審申請的訟費

(第62號命令第9A條規則)

(1) 凡法庭已在法律程序的任何階段，就某非正審申請作出裁定，並命令一方就該非正審申請

向任何另一方支付訟費，除第9C條規則另有規定外，法庭如認為適當的話，可—

(a) 藉命令向該另一方支付某款額的款項以代替經評定的訟費的方式，對該等訟費作簡易

程序評估；

(b) 藉命令向該另一方支付某款額的款項以代替經評定的訟費的方式，對該等訟費作簡易

程序評估，但受任何一方依據第(2)款要求將該等訟費評定的權利規限；或

(2) 凡法庭已根據第(1)(b)款作出命令，非正審申請的任何一方，均有權要求按照本命令評定

關於該非正審申請的訟費。

(3) 在依據第(2)款評定訟費時—

第 4A 章 - 《高等法院規則》 210

(a) 如關於有關非正審申請的經評定的訟費款額，相等於已依據根據第(1)(b)款作出的命

令而支付的款額，則訟費評定官須指示無須再就該經評定的訟費支付任何款項；

(b) 如關於有關非正審申請的經評定的訟費款額，超逾已依據根據第(1)(b)款作出的命令

而支付的款額，則訟費評定官可—

(i) 指示該命令所針對的一方支付不足之數；或

(ii)將該筆不足之數，與該方有權獲付的其他訟費互相抵銷，並指示支付任何餘款；

及

定的訟費款額，則訟費評定官可—

(i) 指示該命令所惠及的一方支付差額；或

(ii)將該筆差額，與該方有權獲付的其他訟費互相抵銷，並指示支付任何餘款。

(4) 凡—

(a) 已依據根據第(1)(b)款作出的命令而支付的款額，相等於或超逾關於有關非正審申請

的經評定的訟費款額；或

(b) 關於有關非正審申請的經評定的訟費，並非大幅度超逾已依據根據第(1)(b)款作出的

命令而支付的款額，

訟費評定官可作出關於該訟費評定的訟費的命令，或作出他認為適當的其他命令。

(5) 訟費評定官在裁定經評定的訟費是否大幅度超逾已依據根據第(1)(b)款作出的命令而支付

的款額時，除須顧及他認為有關的任何其他事宜外，還須顧及—

(a) 經評定的訟費款項超逾已依據根據第(1)(b)款作出的命令而支付的款額之數；及

(b) 超逾之數是否與訟費評定的訟費不相稱。

(2008年第152號法律公告)

9B. 遵從簡易程序評估的指示或命令的時限

(第62號命令第9B條規則)

(1) 任何一方須在下述期限遵從根據第9(4)(b)或9A(1)(a)或(b)條規則作出的關於支付款項的

指示或命令—

(a) 該指示或命令的日期起計14天內；或

(b) 法庭指明的日期或之前。

(2) 如該一方是受助人，則第(1)款不適用。

(2008年第152號法律公告)

9C. 不容許作簡易程序評估的情況

(第62號命令第9C條規則)

(1) 在下述情況下，不得根據第9(4)(b)或9A(1)(a)或(b)條規則，作出關於支付款項的指示或

命令—

(a) 支付方提出對不能以簡易程序處理的訟費申索款項作爭議的實質理由；

(b) 收取方是受助人，而代收取方行事的法律代表，並沒有放棄就非正審申請的訟費獲得

進一步款項的權利；或

的法律代表(或起訴監護人或辯護監護人)，並沒有放棄就非正審申請的訟費獲得進一

步款項的權利。

第 4A 章 - 《高等法院規則》 211

(2) 在本條規則中—

“支付方”(paying party) 指根據第9(4)(b)或9A(1)(a)或(b)條規則作出的指示或命令所針對的一

方；

“收取方”(receiving party) 指根據第9(4)(b)或9A(1)(a)或(b)條規則作出的指示或命令所惠及

的一方。

(2008年第152號法律公告)

9D. 於何時評定訟費

(第62號命令第9D條規則)

(1) 除第(2)及(4)款另有規定外，在有關訴訟完結前，不得就任何法律程序評定訟費。

(2) 法庭如在作出訟費命令時，覺得應在較早的階段評定全部或任何部分的訟費，可據此作出

命令。

(3) 如訟費命令所針對的人是受助人，則不得根據第(2)款作出命令。

(4) 如訟費評定官覺得在任何訟案或事宜中，相當不可能會作出任何進一步的命令，則訟費評

定官可命令任何有權獲支付已進行的非正審法律程序的訟費的人，按照第21條規則開展訟費評定程

序。

(2008年第152號法律公告)

10. 一方可無須命令而簽署關於訟費的判決的情況

(第62號命令第10條規則)

(1) 凡任何原告人未經許可而藉書面通知全部中止其針對任何被告人的訴訟，或撤回他在該訴

訟中針對任何被告人提出的任何特定申索或問題，該被告人可評定他的關於該訴訟的訟費或他的因

該已撤回的事宜而引起的訟費(視屬何情況而定)，並且如經評定的訟費在評定後4天內仍未支付，被

告人可簽署關於該等訟費的判決。 (見附錄A表格50)

(2)-(4) (由2008年第152號法律公告廢除)

(5) 在本條規則、第22號命令第20及21條規則以及第25號命令第1C(6)條規則所述的情況中，須

當作已有命令就訟費作出，而命令是為達到所描述的效用作出的；而為施行本條例第49條，該命令

須當作在引致有權獲付訟費的事件發生的日期登錄。 (1992年第403號法律公告；2008年第152號法

律公告)

11. 不需作訟費評定命令的情況(第62號命令第11條規則)

(1) 凡任何訴訟、呈請或傳票被撤銷兼須付訟費，或任何動議遭拒准兼須付訟費，或有法庭命

令就任何訟費的支付作出指示，或任何一方根據第10條規則有權評定其訟費，則不需作出命令，指

示就該等訟費作訟費評定。

(2) 凡取得傳票，要求以不符合規定為理由將任何法律程序作廢並兼得訟費，而該傳票被撤

銷，但並無就訟費作出任何指示，該傳票即須視為已被撤銷兼須付訟費。

11A. 只涉訟費的法律程序的展開

(第62號命令第11A條規則)

(1) 根據本條例第52B(2)條進行的法律程序，可藉採用附錄A表格10格式的原訴傳票展開。

第 4A 章 - 《高等法院規則》 212

(2) 有關原訴傳票必須附同—

(a) 附有本條例第52B(1)條提述的協議的誓章；及

(b) 原告人的訟費單或訟費陳述書。

(3) 原訴傳票送達認收書必須採用附錄A表格15A的格式。

(4) 聆案官可對屬按照第(1)款展開的法律程序的標的之訟費作簡易評估，或就該等訟費作出訟

費評定命令。

(5) 除非法庭另有指示，否則第13A、22及27號命令以及第28號命令第1A、4(3)至(5)及7至9條

規則並不就按照第(1)款展開的法律程序而適用。

(2008年第152號法律公告)

訟費評定人員的權力

12. 訟費評定官評定訟費的權力(第62號命令第12條規則)

(1) 訟費評定官具有權力評定─

(a) 在高等法院的任何法律程序的訟費或附帶訟費； (1998年第25號第2條；2008年第152

號法律公告)

(aa) 屬按照第11A(1)條規則展開的法律程序的標的之訟費； (2008年第152號法律公

告)

(b) 由某裁決指示須予支付的訟費，而該裁決是就一宗根據任何成文法則或依據一項仲裁

協議進行的仲裁中作出的；及 (2010年第17號第112條)

13. 某些司法書記評定訟費的權力(第62號命令第13條規則)

(香港)(1) 總司法書記具有權力處理根據本命令第21B條規則可由訟費評定官處理的事務，行使根據

該款可由訟費評定官行使的權力，以及就任何經其評定的訟費發出證明書。

(1A)第(1)款只在訟費單的款額不超逾$200000的情況下適用。 (2008年第152號法律公告)

(2) 第(1)款不得視為賦權任何總司法書記評定根據第21B(4)或21C(1)條規則排期聆訊訟費評定

的訟費。

(3) 總司法書記在行使本命令所賦予他的權力時，須遵從任何由訟費評定官發給他的指示。

(1989年第343號法律公告；2008年第152號法律公告)

13A. 訟費評定官可作出指示

(第62號命令第13A條規則)

(1) 訟費評定官可為下述目的作出指示—

(a) 對訟費單的訟費評定，作出公正及迅速的處置；及

(b) 節省訟費評定的訟費。

(2) 在不限制第(1)款的一般性的原則下，訟費評定官可就下述事宜作出指示—

(a) 訟費單的格式及內容；

(b) 文件及憑單的送交存檔；

(i) 對訟費單提出任何反對；及

第 4A 章 - 《高等法院規則》 213

(ii)對該等反對作出任何回應；及

(d) 須在訟費評定法律程序的任何階段採取的步驟或作出的事情。

(2008年第152號法律公告)

14. 訟費評定官的附加權力(第62號命令第14條規則)

訟費評定官就訟費的評定履行其職能時─

(a) 如法庭有此指示，可就任何與正在評定中的訟費的支付相關的金錢往來製備帳目；

(b) 可規定在他席前的任何法律程序中，有共同代表的各方須由不同的代表來代表；

(d) 可指示交出任何可能與該等法律程序相關的有關文件；

(e) 更正在任何證明書或命令中的任何文書錯誤，或由於任何意外失誤或遺漏而在該證明

書或命令中出現的任何錯誤。

15. 由一名訟費評定官代另一名訟費評定官處置事務

(第62號命令第15條規則)

(1) 如一名訟費評定官除根據本款之外，具有權力評定任何已分派給另一名訟費評定官評定的

訟費，則他可評定該等訟費，又如除根據本款之外他具有權力就經評定的訟費發出證明書，則他須

就經評定的訟費發出證明書。

(2) 如任何訟費的評定已分派給某訟費評定官，任何其他訟費評定官均可協助該訟費評定官評

定該等訟費。

(3) 在任何訟案或事宜的一方就此提出申請時，一名訟費評定官可(如情況有需要則須)代替原

應聆訊任何在該宗訟案或事宜中提出的申請的訟費評定官，聆訊並處置該申請。

16. 時限的延展等(第62號命令第16條規則)

(1) 一名訟費評定官可─

(a) 延展由本命令或根據本命令規定的一方須開展訟費評定程序的期限，或該一方須在該

名訟費評定官席前的法律程序中作出任何事情或作出任何與該等法律程序相關連的事

情的期限；

(b) 藉將訟費評定官的證明書作廢而將第33(2)條規則所訂定的期限，延展至簽署有關的訟

費評定人員的證明書之後；

情，指明作出該事情的期限(如該期限並無由本命令或根據本命令或由法庭指明)。

(2) 凡有法庭命令指明須由一名訟費評定官作出或須在一名訟費評定官席前作出的任何事情的

期限，則除非法庭另有指示，否則該名訟費評定官可不時將該如此指明的期限延展，並施加他認為

公正的條款(如有的話)。

(3) 即使延展期限的申請是在期限屆滿後始提出，訟費評定官仍可將本條規則的前述條文所提

述的期限延展。

17. 中期證明書(第62號命令第17條規則)

(1) 訟費評定官在評定任何訟費的過程中，可不時就已作評定的訟費的任何部分發出中期證明

第 4A 章 - 《高等法院規則》 214

書。

(2) 如在對任何律師發給其當事人的訟費單作訟費評定的過程中，訟費評定官覺得該律師無論

如何亦會有法律責任就該訟費而付款給其當事人，則訟費評定官可不時發出中期證明書，指明一筆

他認為須由該律師付給其當事人的款項。

(3) 根據第(2)款發出的證明書一經存檔，法庭即可命令立即將該證明書內指明的款項付給有關

當事人或繳存法院。

17A.最終證明書(第62號命令第17A條規則)

(1) 於在訟費評定官席前的訟費評定法律程序完結後，訟費評定官須發出最終證明書，指明經

評定的訟費的款額，以及根據第32B 條規則須支付的款額。

(2) 除非根據第33(2)條規則要求覆核訟費評定官的決定的申請限期已屆滿，否則訟費評定官不

得發出最終證明書。

(3) 訟費評定官可在有良好理由下，按他認為適合的條款，將最終證明書作廢。

(2008年第152號法律公告)

17B. 訟費評定官可將其決定作廢

(第62號命令第17B條規則)

如有權在訟費評定中獲聆聽的一方，沒有對訟費單提出任何反對，或沒有出席根據第21B(4)或

21C(1)條規則排期的聆訊，訟費評定官可在有良好理由下，按他認為適合的條款，將他針對該方作

出的決定作廢或更改。

(2008年第152號法律公告)

18. 訟費評定官在一方既可獲付訟費亦有法律責任

支付訟費時的權力(第62號命令第18條規則)

凡有權獲付訟費的一方亦有法律責任支付訟費時，訟費評定官可─

(a) 評定該一方有法律責任支付的訟費，將准予的款項與該一方有權獲付的款項互相抵

銷，並指示須支付任何餘款，或

(b) 延遲發出該一方有權獲付的訟費的證明書，直至該一方已支付或提供他有法律責任支

付的款項為止。

19. 對包含在帳目中的訟費單作訟費評定

(第62號命令第19條規則)

(1) 凡法庭指示須製備一份帳目而該份帳目某部分是由一份訟費單組成，法庭可指示一名訟費

評定官評定該等訟費；該名訟費評定官須按照指示評定該等訟費，並在對該份訟費單作訟費評定

後，將該份訟費單連同就該分訟費單所作的報告交還法庭。

(2) 訟費評定官按照根據本條規則作出的指示評定任何訟費單時所具有的權力，以及任何人須

就有關訟費評定而支付的費用，須猶如法庭已有作出評定訟費的命令時所具有者以及所須支付者一

樣。

訟費評定的程序

第 4A 章 - 《高等法院規則》 215

21. 展開訟費評定法律程序的方式

(第62號命令第21條規則)

(1) 有權獲付任何訴訟的須予評定的訟費的一方，可藉將下述項目送交法院存檔，而就該等訟

費展開訟費評定法律程序—

(a) 展開訟費評定通知書；及

(b) 他的訟費單。

(2) 在展開訟費評定通知書及訟費單送交法院存檔後7天內，有關一方須向有權在訟費評定中獲

聆聽的其他每一方，送達該通知書的文本及訟費單的文本。

(3) 法庭可就向可能在有關訟費評定的結果方面具有財務利益的任何其他人送達展開訟費評定

通知書的文本及訟費單的文本一事，作出指示。

(4) 除非—

(a) 已有命令應某律師之請，而根據《法律執業者條例》(第159章)第67條就該律師的訟費

單的訟費評定作出；或

(b) 法庭另有命令，

否則無需將展開訟費評定通知書的文本及訟費單的文本，送達任何不曾在引致該項訟費評定的法律

程序中作送達認收的一方。

(5) 任何一方在將展開訟費評定通知書送交存檔時，須向法院支付訂明的評定費。

(6) 依據第(3)款獲送達展開訟費評定通知書的文本及訟費單的文本的一方，須在送達作出起計

7天內，向訟費評定官及有權在訟費評定中獲聆聽的所有其他各方發出書面通知，述明—

(a) 他在有關訟費評定的結果方面具有的財務利益；及

(b) 他是否擬參與訟費評定法律程序。

(7) 沒有遵守第(6)款的人，無權—

(a) 自司法常務官或任何其他有權在訟費評定中獲聆聽的一方，收取任何關乎訟費評定的

通知書、申請或其他文件；及

(b) 參與訟費評定法律程序。

(2008年第152號法律公告)

21A. 申請排期進行訟費評定

(第62號命令第21A條規則)

(1) 根據第21條規則展開訟費評定法律程序的一方，可在遵從訟費評定官根據第13A條規則就須

在排期進行訟費評定前採取的步驟或作出的事情而作出的指示之後，向訟費評定官申請排期進行訟

費評定。

(2) 有關一方須在根據第(1)款提出申請後7天內，向有權在訟費評定中獲聆聽的其他每一方，

送達申請書的文本。

(3) 如訟費評定官認為第(1)款提述的任何指示未獲遵從，他可拒絕着手進行有關訟費評定。

(2008年第152號法律公告)

21B.暫定訟費評定(第62號命令第21B條規則)

(1) 除非訟費評定已根據第21C(1)條規則排期進行聆訊，否則訟費評定官可—

(a) 不經聆訊而對有關訟費單作出訟費評定；及

第 4A 章 - 《高等法院規則》 216

(b) 就以下事宜作出暫准命令—

(i) 他就該訟費單的全部或部分所准予的款額；及

(ii)該項訟費評定的訟費。

(2) 凡訟費評定官根據第(1)款不經聆訊而對有關訟費單作出訟費評定並作出暫准命令，則已根

據第21A(1)條規則申請排期進行訟費評定的一方，須向有權在訟費評定中獲聆聽的其他每一方，送

達暫准命令的文本。

(3) 除非有權在訟費評定中獲聆聽的某一方，在暫准命令作出後14天內，向訟費評定官申請進

行聆訊，否則該暫准命令在該14天期間後，即成為絕對命令。

(4) 訟費評定官須應某一方根據第(3)款提出的申請，排期進行訟費評定的聆訊，而該方須向有

權在訟費評定中獲聆聽的其他每一方，送達聆訊通知書。

(5) 如經評定的訟費並沒有大幅度超逾根據第(1)(b)(i)款准予的款額，訟費評定官可命令有關

一方支付聆訊的任何訟費。

(6) 訟費評定官在裁定經評定的訟費是否大幅度超逾根據第(1)(b)(i)款准予的款額時，除須顧

及他認為有關的任何其他事宜外，還須顧及—

(a) 在聆訊中經評定的訟費超逾根據第(1)(b)(i)款准予的款額之數；及

(b) 超逾的款額是否與聆訊的訟費不成比例。

(2008年第152號法律公告)

21C. 經聆訊作出訟費評定

(第62號命令第21C條規則)

(1) 凡訟費評定官信納有良好理由就有關訟費單的全部或部分的訟費評定排期進行聆訊，則他

可主動排期，或應有權在訟費評定中獲聆聽的一方的申請而排期。

(2) 在接獲訟費評定官就聆訊日期發出的通知後，申請排期的一方須在接獲該通知後7天內，向

有權在訟費評定中獲聆聽的其他每一方，送達聆訊通知。

(2008年第152號法律公告)

21D. 訟費單的撤回

(第62號命令第21D條規則)

(1) 已將訟費單送交存檔的一方，如在他根據第21A(1)條規則向訟費評定官提出排期進行訟費

評定的申請後7天內，撤回訟費單，則須向法院支付訂明費用。

(2) 法院須從根據第21(5)條規則支付的款項中，扣除須根據第(1)款支付的費用，並將餘款退

還有關一方。

(3) 除—

(a) 根據第(2)款外；或

(b) 法庭另有指示外，

有關一方無權獲退還根據第21(5)條規則支付的款項的任何餘款。

(2008年第152號法律公告)

22. 延遲送達展開訟費評定通知書或

進行訟費評定

(第62號命令第22條規則)

第 4A 章 - 《高等法院規則》 217

(1) 在完結日期後3個月內，如有權獲付訟費的人—

(a) 沒有就該等訟費的款額，與負有法律責任支付該等訟費的人達成協議；亦

(b) 沒有按照第21(2)條規則，向該人送達展開訟費評定通知書的文本，

則訟費評定官可應負有法律責任支付該等訟費的人的申請，在有權獲付該等訟費的人獲得不少於7天

的通知後，根據第(3)款作出命令。

(2) 在按照第21(1)條規則展開訟費單的訟費評定法律程序後，如有權獲付訟費的人—

(a) 沒有就該等訟費的款額，與負有法律責任支付該等訟費的人達成協議；亦

(b) 沒有進行該項訟費評定，

則訟費評定官可應負有法律責任支付該等訟費的人的申請，在有權獲付該等訟費的人獲得不少於7天

的通知後，根據第(3)款作出命令。

(3) 訟費評定官—

(a) 可命令有權獲付有關訟費的人，在該命令指明的限期內，按照第21條規則展開訟費評

定法律程序，或進行訟費評定；及

(b) 可進一步命令，除非該人確實在指明限期或訟費評定官容許的經延展限期內，展開該

等訟費評定法律程序或進行訟費評定，否則該人無權展開該等訟費評定法律程序或進

行訟費評定。

(4) 訟費評定官可在他認為適合的條件的規限下，根據第(3)款作出命令，包括負有法律責任支

付須予評定的訟費的人須向法院繳存一筆款項的條件。

(5) 不論是否已有命令根據第(3)款作出，在對訟費單作訟費評定時，訟費評定官如信納，訟費

評定法律程序的展開或訟費評定的進行曾有不當的延遲—

(a) 可就任何申請的訟費或訟費評定的訟費，作出他認為適合的命令；

(b) 可不准予將依據訟費命令評定的訟費的任何部分；及

低須付利息的利率。

(6) 凡有權獲付訟費的一方在將展開訟費評定通知書根據第21(1)條規則送交存檔後，沒有進行

訟費評定，則訟費評定官為避免任何其他各方因此而受到損害—

(a) 可就訟費准予有權獲付訟費的一方一筆象徵式或其他款額的款項；或

(b) 可核證沒有進行訟費評定一事，及核證其他各方的訟費。

(7) 任何一方無權在以下時限(以較遲者為準)屆滿後，根據第21條規則展開訟費評定法律程序

—

(a) 自完結日期起計的2年；或

(b) (如法庭已延展(a)段指明的期限)經延展的期限。

(8) 凡完結日期在本條規則生效+之前，則第(7)(a)款在猶如該條文中“完結日期”的字句由

“本條規則生效”的字句取代的情況下，具有效力。

(9) 在本條規則中，“完結日期”(completion date)—

(a) 就原訟法庭作出的訟費命令而言，指下述日期(以較遲者為準)—

(i) 處置有關訴訟的原訟法庭判決或命令的日期；

(ii)原訟法庭作出該訟費命令的日期，或(如該命令是暫准命令)該命令成為絕對命令

或被更改(視屬何情況而定)的日期；

(iii) 訟費評定官根據第9D(4)條規則命令有權就原訟法庭的任何非正審法律程序獲

付訟費的人展開訟費評定法律程序的日期；或

(iv)(如有權獲付訟費的人有權無需原訟法庭指示評定該等訟費的命令而評定該等訟

費)他變為有權評定該等訟費的日期；及

(b) 就上訴法庭作出的訟費命令而言，指下述日期(以較遲者為準)—

第 4A 章 - 《高等法院規則》 218

(i) 處置有關上訴的上訴法庭判決或命令的日期；

(ii)上訴法庭作出該訟費命令的日期，或(如該命令是暫准命令)該命令成為絕對命令

或被更改(視屬何情況而定)的日期；

(iii) 訟費評定官根據第9D(4)條規則命令有權就上訴法庭的任何非正審法律程序獲

付訟費的人展開訟費評定法律程序的日期；或

(iv)(如有權獲付訟費的人有權無需上訴法庭指示評定該等訟費的命令而評定該等訟

費)他變為有權評定該等訟費的日期。

(2008年第152號法律公告)

23. (由2008年第152號法律公告廢除)

24. 訟費評定通知書(第62號命令第24條規則)

(1) 即使有權在訟費評定中獲聆聽的某一方，沒有遵從訟費評定官就須在根據第21B條規則進行

訟費評定前採取的步驟或作出的事情而作出的任何指示，如訟費評定官信納展開訟費評定通知書的

文本及訟費單的文本，已按照第21(2)條規則妥為送達該方，訟費評定官可着手根據第21B(1)條規

則，進行訟費單的訟費評定。

(2) 如在第21B(4)或21C(2)條規則所指的聆訊的日期及時間，有權在訟費評定中獲聆聽的某一

方沒有親自在訟費評定官席前出庭，亦沒有由律師代表出庭，如訟費評定官信納聆訊通知書已按照

第21B(4)或21C(2)條規則送達該方，或信納該方已在其他情況下獲告知該聆訊，訟費評定官可在該

方或其代表缺席的情況下，對有關訟費單進行訟費評定。

(3) 如訟費評定官並不信納上述事宜，他—

(a) 必須將聆訊押後一段他認為需要的期間，以完成向有關一方送達經押後聆訊的通知

書，或送達有關訟費單的通知書，或送達上述兩份通知書；及

(b) 可就因該項押後而浪費的訟費，作出他認為適當的命令。

(2008年第152號法律公告)

25. (由2008年第152號法律公告廢除)

26. 押後的權力(第62號命令第26條規則)

(1) 正在進行訟費評定程序的訟費評定官，如認為有需要如此行事，可不時將程序押後。

(2008年第152號法律公告)

(2) 如因某一方沒有遵從根據第13A條規則作出的任何指示，以致訟費評定法律程序被押後，訟

費評定官可就因該項押後而浪費的訟費，作出他認為適當的命令。 (2008年第152號法律公告)

27. 訟費評定官評定須由某筆款項撥付的訟費時的權力

(第62號命令第27條規則)

(1) 凡任何訟費須由某筆款項撥付，訟費評定官可就在該等訟費進行評定時有權出席的各方作

出指示，並可不准予並非憑藉該等指示有權出席而其出席又被他認為是不必要的一方的出席所涉的

訟費。

(2) 凡法庭已指示訟費單須予評定以便由某筆款項撥付，負責評定訟費單的訟費評定官如認為

適合，可將訟費評定押後一段合理的期間，並指示訟費單所屬的一方，須將訟費單或其任何部分的

第 4A 章 - 《高等法院規則》 219

文本，免費送交任何在該筆款項中有權益的人，並須附上一封載有以下資料的函件，即─

(a) 該份訟費單或其某部分(其文本隨該函件送交)已轉交一名訟費評定官作訟費評定；

(b) 該名訟費評定官的姓名以及進行訟費評定的辦事處的地址；

(d) 該名訟費評定官所指示的其他資料(如有的話)。

訟費評定及評估的基準及收費表

(2008年第152號法律公告)

28. 須由另一方付給一方的訟費或須由某筆款項撥付的訟費

(第62號命令第28條規則)

(1) 本條規則適用於按照或根據本規則或法庭的任何命令或指示須付給任何法律程序的一方的

訟費，而該等訟費是須由該等法律程序的另一方支付或由某筆款項撥付的(但由該等訟費所須付給的

一方以受託人或遺產代理人身分持有的款項除外)。

(2) 除本條規則的條文另有規定外，本條規則適用的訟費，須按訴訟各方對評基準評定，而在

按該基準評定訟費時，須准予所有為秉行公正或為強制執行或維護其訟費正被評定的一方的權利而

屬必要或恰當的訟費。

(3) 法庭在判給本條規則適用的訟費時，可在任何其認為適合如此行事的案件中，命令或指示

該等訟費須按共同基金基準或彌償基準評定。 (1991年第125號法律公告)

(4) 在按共同基金基準(該基準較第(2)款所訂定的基準寬鬆)評定訟費時，對於所有合理地招致

的訟費，均須准予一個合理的款額，而第(2)款並不適用；而在訟費須按共同基金基準評定的案件

中，適用於律師與當事人之間的訟費評定的普通規則(在訟費須從一個當事人與其他人均有利害關係

的共同基金撥付的情況下)，均據此而適用，不論訟費事實上是否須如此撥付。

(4A) 在按彌償基準評定訟費時，所有訟費均須准予，但如該等訟費的款額不合理或該等訟費是

不合理地招致，則屬例外，而訟費評定官在訟費是否合理地招致或訟費款額是否合理方面的任何疑

問，須按有利於收取訟費的一方的準則解決；在本規則中就訟費評定而言，“彌償基準”(the

indemnity basis) 一詞，須據此解釋。 (1991年第125號法律公告)

(5) 法庭在將本條規則所適用的訟費判給任何人時，如認為適合，並如─

(a) 該等訟費須由某筆款項撥付，或

(b) 該等訟費所須付給的一方是以或曾以受託人或遺產代理人的身分作為法律程序的一

方，

則可命令或指示該等訟費須猶如該人是該筆款項的受託人，或猶如該等訟費是從該人所持有的款項

撥付(視屬何情況而定)般評定，而凡法庭如此命令或指示，第31(2)條規則即取代本條規則第(2)款

而對有關的訟費評定具有效力。

(6) 本條規則的前述條文不損害法院根據《區域法院條例》(第336章)第44A條具有的權力。

(1998年第25號第2條；2008年第152號法律公告)

28A.無律師代表的訴訟人的訟費

(第62號命令第28A條規則)

(1) 在評定一名無律師代表的訴訟人的訟費時，除本條規則的條文另有規定外，可准予的訟費

為假若與該等訟費有關的工作及代墊付費用，是由一名律師代該訴訟人辦理或支付時本可准予的。

(2) 就任何項目所准予的款額，須為訟費評定官認為適合的數目，但除屬代墊付費用外，該款

第 4A 章 - 《高等法院規則》 220

額不得超逾訟費評定官認為假若該訴訟人是由律師代表時本可准予的數目的三分之二。

(3) 凡訟費評定官認為該訴訟人未有因辦理任何與訟費有關的工作而蒙受任何金錢上的損失，

則就該訴訟人所花於該項工作的時間，訟費評定官不得准予每小時多於$200的訟費。

(4) 訴訟人如已就出庭進行其本人的案而獲准予訟費，即無權另外獲發證人津貼。

(5) 第6號命令第2(1)(b)條規則，或本命令第32(4)條規則，或本命令附表2，除在該條文中另

有指明的情況外，不適用於無律師代表的訴訟人。 (2008年第152號法律公告)

(6) 就本條規則而言，無律師代表的訴訟人不包括身為執業律師的訴訟人，但包括在沒有法律

代表下行事的公司或其他法團。 (2008年第152號法律公告)

(7) 本條規則在經必要的變通後，適用於根據第9(4)(b)、9A(1)(a)及(b)及11A(4)條規則進行

的簡易程序評估，一如本條規則適用於無律師代表的訴訟人的訟費評定，但前提是有權獲付該款項

的一方是無律師代表的訴訟人。 (2008年第152號法律公告)

29. 須由當事人向其律師支付的訟費

(第62號命令第29條規則)

(1) 在就任何律師發給其當事人的訟費單作訟費評定時(但依據《法律援助條例》(第91章)第27

條由立法局撥付的款項支付的訟費單或任何關於非爭議事務的訟費單除外)，所有訟費均須准予，但

如該等訟費的款額不合理或該等訟費是不合理地招致，則屬例外。

(2) 就第(1)款而言，所有在當事人的明示或隱含准許下招致的訟費，除第(3)款另有規定外，

須不可推翻地推定為合理地招致，而凡其款額已獲當事人的明示或隱含准許者，其款額須不可推翻

地推定為合理。

(3) 就第(1)款而言，任何訟費，如按案件的情況是屬於不尋常性質，並如是在第28(2)條規則

適用的案件中評定即不會准予，則除非有關律師在該等訟費招致前，已明示通知其當事人該等訟費

可能不獲如此准予，否則該等訟費須推定為不合理地招致，直至顯示情況相反為止。

(4) 在第(2)及(3)款中，凡提述當事人之處─

(a) 如當事人在關鍵時間是《精神健康條例》(第136章)所指的精神紊亂的人，並由一名以

辯護監護人或起訴監護人身分行事的人代表，須解釋為提述該人，而該人行事(如有此

需要)是已獲法庭授權的；

(b) 如當事人在關鍵時間是未成年人，並由一名以辯護監護人或起訟監護人身分行事的人

代表，則須解釋為提述該人。

30. 在由幼年人或代表幼年人等討回款項時須支付給律師的

訟費(第62號命令第30條規則)

(1) 本條規則適用於─

(a) 任何法律程序，而當中有款項由一名未成年人或《精神健康條例》(第136章)所指的精

神紊亂的人申索或討回或由他人代表該人申索或討回，或經判決、命令或協議須向該

人或為該人的利益而支付，或當中有繳存法院的款項獲該人或他人代表該人接受；及

(b) 任何根據《致命意外條例》(第22章)進行的法律程序，而當中有款項由某人(該人的死

亡引致該等法律程序)的遺孀討回或由他人代表她討回，或經判決、命令或協議須向她

或為她的利益支付，以了結一項根據該條例提出的申索，或當中有繳存法院的款項獲

她或他人代表她接受以了結該項申索，但該等法律程序必須是亦為一名在有關款項被

討回或被判決、命令或協議須予支付或獲接受時是未成年人的人的利益而進行的；及

第 4A 章 - 《高等法院規則》 221

本款的前述條文而適用的法律程序提出的。 (1998年第25號第2條)

(2) 除非法庭另有指示，否則在本條規則憑藉第(1)(a)或(b)款而適用的任何法律程序中，任何

原告人所支付給其律師的費用，如是該等法律程序的訟費，或是該等法律程序中的申索的附帶費

用，或是該等法律程序所導致的費用，須根據第29條規則予以評定，而就該等法律程序而言，除根

據第29條規則對任何原告人的律師所發給該原告人的訟費單作訟費評定後再按照本條規則予以核證

的訟費數額外，無須支付任何訟費給該原告人的律師。

(3) 在本條規則憑藉第(1)(a)或(b)款而適用的任何法律程序，如任何原告人是一名律師的當事

人，訟費評定官在根據第29條規則對該名律師發給該原告人的訟費單作訟費評定時，亦須評定須在

該等法律程序中支付給原告人的任何訟費，並須核證─

(a) 在根據第29條規則作訟費評定時准予的款額，在該次訟費評定中所准予的須支付給該

原告人的該等法律程序的訟費款額，以及首述款額超逾另一款額之數(如有的話)，及

(b) (如有需要)該超出之數中，須分別由該等法律程序的任何屬下列身分一方支付或由屬

該一方的款項撥付以及由任何另一方支付的比例，該等身分為未成年人或《精神健康

條例》(第136章)所指的精神紊亂的人或某人(該人的死亡引致該等法律程序)的遺孀。

(4) 第(2)及(3)款適用於本條規則憑藉第(1)(c)款而適用的任何法律程序，猶如該兩款中提述

原告人之處，均代以屬引致首述法律程序的法律程序的原告人的一方一樣，而不論該一方是上訴人

抑或答辯人。

(5) 本條規則的前述條文不損害任何律師的訟費留置權。

(6) 凡在本條規則適用的任何法律程序中，法庭根據第80號命令第12條規則作出指示，規定須

將款項轉移至或繳存某區域法院，並規定須從該筆如此轉移或繳存的款項中撥付一筆訟費給該等法

律程序的任何原告人的律師，則評定該等訟費的訟費評定官，須將其證明書的文本一份，送交該區

域法院的司法常務官。 (1998年第25號第2條；2000年第28號第47條)

(7) 本條規則的前述條文適用於─

(a) 由一名未成年人或一名《精神健康條例》(第136章)所指的精神紊亂的人提出或由他人

代表他提出的反申索，以及包含或包括一項由某人(該人的死亡引致根據《致命意外條

例》(第22章)提出的申索)的遺孀或由他人代表她根據《致命意外條例》(第22章)提出

的申索的反申索；及

(b) 由一名未成年人或一名如前所述的精神紊亂的人提出或由他人代表他提出的申索，而

該申索是在一宗由任何其他人根據《1894年商船法令》* (1894 c. 60 U.K.)# 第504

條提出的要求濟助的訴訟中提出的，以及包含或包括一項由該遺孀或由他人代表她根

據《致命意外條例》(第22章)提出的申索的申索，

猶如本條規則的前述條文中提述原告人之處，均代以被告人一樣。

31. 須從信託基金等撥付給一名受託人的訟費

(第62號命令第31條規則)

(1) 如一名正以或曾以受託人或遺產代理人身分作為任何法律程序的一方的人，有權由他以該

身分持有的基金或款項獲撥付訟費，則本條規則適用於就該訟費所作的每一項訟費評定。

(2) 在本條規則適用的任何訟費評定中，不得不准予任何訟費，但如按照有關受託人或遺產代

理人以該身分所負的責任，本不應招致或支付該等訟費或其款額的任何部分，並為此理由該等訟費

或該部分本應由其個人承擔，則屬例外。

32. 訟費收費表(第62號命令第32條規則)

第 4A 章 - 《高等法院規則》 222

(1) 除前述各條規則以及本條規則的以下條文另有規定外，本命令附表1所載的訟費收費表，連

同該附表所載的附註及一般規定，適用於對所有就本規則的生效日期後辦理的爭議事務而招致的訟

費所作的訟費評定。

(2) 在作出第29條規則或第31(2)條規則具有效力的訟費評定時及在其他特別案件中，訟費評定

官可酌情決定准予下列訟費─

(a) 上述收費表所未有述及的項目的訟費；或

(b) 款額高於上述收費表所訂明的訟費。

(3) 儘管附表1所載的收費表已有規定，凡一名律師就與出售、購買、租賃、按揭及其他物業轉

易事宜相關連的非爭議事務或就任何其他非爭議事務而收取的酬金款額(如沒有相反的協議)是受當

其時根據《法律執業者條例》(第159章)是有效的任何規則規管，則在就相類的爭議事務作訟費評定

時，所准予的訟費款額須與其相同。 (2008年第152號法律公告)

(4) 儘管有第(1)款的規定，在本命令附表2所適用的案件中，除非法庭另有命令，否則須按照

該附表的規定准予訟費。

32A. 訟費評定的訟費的法律責任

(第62號命令第32A條規則)

(1) 有權獲付任何須予評定的訟費的一方，亦有權獲付他在訟費評定中的訟費，但在下述情況

下除外—

(a) 任何條例、本規則的任何規則或任何有關的實務指示另有規定；或

(b) 法庭就訟費評定的訟費的全部或部分，作出某些其他命令。

(2) 法庭在決定是否作出某些其他命令時，須顧及第1A號命令第1條規則列出的基本目標，並須

顧及整體情況，包括—

(a) 各方在訟費評定方面的行為舉措；

(b) 訟費單被削減的款額(如有的話)；及

(2008年第152號法律公告)

32B. 評定費的償付

(第62號命令第32B條規則)

在最終證明書根據第17A條規則發出後，負有法律責任支付訟費的一方須向有權獲付訟費的一方

支付一筆款項，款額相等於基於准予的訟費款額而計算的訂明評定費。

(2008年第152號法律公告)

32C. 法庭對於不當行為的權力

(第62號命令第32C條規則)

(1) 在下述情況下，法庭可根據本條規則作出命令—

(a) 在關乎以簡易程序評估訟費或訟費評定方面，某一方或其法律代表沒有遵從某規則、

實務指示或法庭命令；或

(b) 法庭覺得，在引致以簡易程序評估訟費或訟費評定的法律程序之前或之時，某一方或

其法律代表的行為舉措不合理或不恰當。

(2) 就第(1)款而言，某一方或其法律代表的行為舉措不包括任何在有關訴訟展開前的行為舉

第 4A 章 - 《高等法院規則》 223

措。

(3) 凡第(1)款適用，法庭可—

(a) 藉命令不准予正以簡易程序評估或評定的訟費的全數或部分；或

(b) 命令犯錯失的一方或其法律代表，支付他致令任何其他一方招致的訟費。

(4) 凡—

(a) 法庭根據第(3)款，針對有法律代表的某一方作出命令；及

(b) 在該命令作出時，該方並不在場，

則該方的律師須在接獲該命令的通知後7天內，將該命令以書面通知其當事人，並須以書面告知法庭

他已如此行事。

(5) 在本條規則中，“當事人”(client) 包括由有關律師代表行事的人，以及已委托該律師行

事或有法律責任支付該律師的費用的任何其他人。

(2008年第152號法律公告)

覆核

33. 向訟費評定官申請覆核(第62號命令第33條規則)

(1) 任何訟費評定程序的任何一方，如不滿訟費評定官的全部或部分准予或不准予任何項目，

或不滿訟費評定官就任何項目所准予的款額—

(a) 可向訟費評定官申請覆核他就該項目所作的決定；及

(b) 在訟費評定官覆核該決定前，不得向法官申請覆核該決定的命令。 (2008年第152號

法律公告)

(2) 根據本條規則要求覆核訟費評定官的決定的申請，可在作出該決定的訟費評定完結後14天

內提出，或在訟費評定官所定的較短期限內的任何時間提出：

但根據本條規則要求覆核就任何項目所作的決定的申請，不得在對該項目作出處理的訟費評定

官的最終證明書簽署之後提出。 (2008年第152號法律公告)

(3) 根據本條規則要求覆核的每一名申請人，均必須在提出其申請時，向訟費評定官交付反對

書，以列表方式指明反對的准予或不准予項目或其部分或就該等項目或其部分所准予的款額，並扼

要述明每項反對的性質及理由，並必須將反對書的文本一份，交付曾在該等項目進行訟費評定時出

席的每另一方(如有的話)，或交付訟費評定官指示反對書的文本須予送達的每另一方。

(3A) 如申請人沒有遵守第(3)款，訟費評定官可駁回有關申請。 (2008年第152號法律公告)

(4) 根據本條規則獲交付反對書的文本的任何一方，可在文本交付他後14天內或訟費評定官所

定的較短期限內，向訟費評定官交付就反對書作出的回答書，扼要述明他反對反對書的理由，並須

同時將回答書的文本一份，交付申請覆核的一方，以及已獲交付反對書的文本的每另一方(如有的

話)或訟費評定官指示回答書的文本須予送達的每另一方。

(5) 根據本條規則申請覆核訟費評定官就任何項目所作的決定，不損害訟費評定官根據第17條

規則具有的就已由他作出決定而該決定又未遭反對的項目發出中期證明書的權力。

34. 由訟費評定官作覆核(第62號命令第34條規則)

(香港)(1) 根據第33條規則進行的覆核，須由原來獲派負責有關訟費評定的訟費評定官作出。

(2) 在覆核就任何項目所作的任何決定時，訟費評定官可收取進一步的證據，並可行使他就該

項目原先作訟費評定時可行使的一切權力，包括就在其席前的法律程序判給訟費及附帶費用的權

力；而他所判給任何一方的任何訟費，均可由他評定，並可加在須就訟費而支付給該一方的任何其

第 4A 章 - 《高等法院規則》 224

他款額內，或從該一方須就訟費而支付的任何其他款額中扣除。

(3) 在根據第33條規則進行覆核聆訊時，曾獲交付根據該條規則第(4)款發出的反對書文本的任

何一方，即使並無根據該款交付對反對書的書面回答，仍有權就反對書所關乎的任何項目獲得聆

聽。

(4) 訟費評定官覆核就任何項目所作的決定後，須據此發出其證明書，並如在其席前的法律程

序的任何一方有此請求提出，須在其證明書中或以其他書面方式，藉參照對該決定所提出的反對而

述明他在覆核時所作決定的理由，以及任何與此有關的特別事實或情況。根據本款提出的請求，必

須在有關覆核作出後14天內或訟費評定官所定的較短期限內提出。

35. 由法官覆核訟費評定官的證明書

(第62號命令第35條規則)

(1) 任何一方如不滿訟費評定官在根據第34條規則作出覆核時的全部或部分准予或不准予任何

項目的決定，或不滿訟費評定官在作出任何該等覆核時就任何項目所准予的款額，可向法官提出申

請，要求命令就該項目或某項目的一部分覆核有關的訟費評定，但申請只可在訟費評定官席前的法

律程序的其中一方已按照第34(4)條規則請求該名人員述明他在覆核時就該項目或該部分所作決定的

理由之後才提出。 (2008年第152號法律公告)

(2) 根據本條規則申請覆核訟費評定官就任何項目所作的決定，可在訟費評定官就該項目發出

的證明書簽署後14天內或訟費評定官在簽署該證明書時所容許或法庭在任何時間所容許的更長時限

內的任何時間提出。

(3) 根據本條規則提出的申請，須藉傳票提出，並除非法官認為適合押後以轉往法庭聆訊，否

則須在內庭聆訊。

(4) 除非法官另有指示，否則在聆訊根據本條規則提出的申請時，不得收取進一步的證據，亦

不得提出未有在訟費評定官作出覆核時提出的反對理由，但除前文所述者外，法官在聆訊任何該等

申請時，可行使就申請的標的物而言所有歸於訟費評定官的權力及酌情決定權。

(5) 如法官認為適合就任何根據本條規則提出的申請，行使法庭根據本條例第53條具有的委任

裁判委員的權力，法官須委任不少於2名裁判委員，而其中一人須為一名訟費評定官。

(6) 法官可就根據本條規則提出的申請作出情況所需的命令，尤其可命令修改訟費評定官證明

書，而除非所爭議者僅為正在覆核中的項目的款額，否則法官亦可命令將該項目發還原來的訟費評

定官或另一名訟費評定官作訟費評定。

(7) 在本條規則中，“法官”(judge) 指法官本人。

(1998年第25號第2條)

過渡性條文

(2008年第152號法律公告)

36. 關乎《2008年修訂規則》第16部的

過渡性條文

(第62號命令第36條規則)

第8、8A、8B、8C、8D及8E條規則並不就在《2008年修訂規則》生效前招致的任何訟費而適用，

而在緊接該規則生效前有效的第8條規則，須在猶如第16部並未訂立的情況下，繼續就該等訟費而適

用。

(2008年第152號法律公告)

第 4A 章 - 《高等法院規則》 225

37. 關乎《2008年修訂規則》第23部的

過渡性條文(第62號命令第37條規則)

(1) 凡有權要求對任何訟費作評定的一方，已在《2008年修訂規則》的生效日期+前，將其訟費

單送交存檔，則《2008年修訂規則》第23部的任何條文不得就該項訟費評定而適用，而在緊接該生

效日期前有效的第62號命令，就該項訟費評定而適用，猶如該命令並未被該部修訂一樣。

(2) 凡—

(a) 有權要求對任何訟費作評定的一方，在《2008年修訂規則》的生效日期後，將其訟費

單送交存檔；但

(b) 本命令附表1或附表2第III部指明的訟費或費用所關乎的任何項目的工作，已在該生效

日期前進行，

則在緊接該生效日期前有效的本命令附表1或附表2第III部就該項目的工作而適用，猶如該附表並未

被《2008年修訂規則》第23部修訂一樣。

(3) 凡—

(a) 有權要求對任何訟費作評定的一方，在《2008年修訂規則》的生效日期後，將其訟費

單送交存檔；但

(b) 有關傳訊令狀已在該生效日期前發出，

則在緊接該生效日期前有效的本命令附表2第I部及第II部就在該生效日期前發出的傳訊令狀而適

用，猶如該部並未被《2008年修訂規則》第23部修訂一樣。

(4) 就任何於《2008年修訂規則》的生效日期前進行的工作的訟費而言，如該等訟費根據在緊

接該生效日期前有效的本命令本可獲得准予，則該等訟費不得不獲准予。

(2008年第152號法律公告)

附表1 [第32條規則]

第I部

訟費收費表

項詳情收費

1. 製作文件文本的一份文件匯集，包括製作文件文本、核對文件及編製文件匯集(包

括編製索引及標上頁數)的訟費，不論紙張尺寸，每頁 (2008年第152號法律公

告)

首份文

件匯

集，每

頁$4 ；

其後每

份文件

匯集，

每頁$1

1A. 製作文件的文本，不論紙張尺寸，每頁 (2008年第152號法律公

告) .............

2. 適宜由無特別資格人員辦理的事宜，例如將文件送交法院存檔、交付或收取文件

第 4A 章 - 《高等法院規則》 226

及預約時間等，不論是由具特別資格的人或無特別資格的人辦理，每次辦理的費

用(2008年第152號法律公告) .................................... $110

3. 辦理所需的翻查及詢問─每次辦理的費用為司法常務官認為恰當的費用，但不得

少於$50。 (2008年第152號法律公告)

4. 任何文件的送達─每次送達文件的費用為司法常務官認為恰當的費用，但不得少

於$50。

5. 司法常務官可就上文未有特別述及的每一其他事宜或事情准予他認為恰當的費

用。

關於第5項的附註：本項目旨在涵蓋下列事宜─

(a) 辦理任何其他各項未予規定的工作，而該工作是為審訊、聆訊或上訴作準備

的，或是在爭議事宜和解前所作的，並已妥為辦理，而該工作包括─

(i) 當事人：錄取當事人指示作起訴、抗辯、反申索、上訴或反對用

途等；會晤當事人和與當事人通訊；

(ii) 證人：會見證人及有可能成為證人的人，並與其通訊，錄取及準

備證據的證明，並(凡適用者)安排證人出庭，包括發出傳召出庭令；

(iii) 專家證據：取得專家的報告或意見及取得圖則、照片及模型，並

加以考慮；安排專家出庭(凡適用者)，包括發出傳召出庭令；

(iv) 視察：視察任何對法律程序具關鍵性的財產或地方；

(v) 翻查及查詢：在政府登記處或註冊處及其他地方作翻查，以找尋

有關文件；

(vi) 專項損害賠償：取得專項損害賠償的細節並作出或取得任何有關

損害賠償的計算；

(vii) 其他各方：會晤其他各方或其代表律師和與其通訊；

(viii) 文件透露：詳閱、考慮或核對文件，作擬備誓章或文件清單的用

途；查閱或為供對方查閱而交出法庭命令所規定或憑藉第24號命令規定須交

出或查閱的任何文件；

(ix) 文件：草擬、詳閱、考慮及核對任何有關文件(包括狀書、誓

章、案例、向大律師發出的指示及大律師給予的意見、命令及判決)，以及所

涉及的任何法律；

(x) 洽商：與目的在於使案件達成和解的洽商相關連而辦理的工作；

(xi) 出庭或出席：為傳票或其他申請的聆訊、在訊問證人時、在訟案

或事宜的審訊或聆訊時、在上訴時或在判決宣告時出庭(不論是在法庭或內

庭)；與大律師舉行會議以及任何其他必要的出席；

(xii) 利息：(在有關的情況下)計算損害賠償的利息；及

(xiii) 通知書：擬備及送達各種通知書，包括要求證人出庭的通知書；

及

(b) 對法律程序的整體關顧和負責進行。

第II部

一般規定

酌情決定的訟費

第 4A 章 - 《高等法院規則》 227

1. (1) (由2008年第152號法律公告廢除)

(2) 訟費評定官就任何項目行使其根據本段或根據第32(2)條規則具有的酌情決定權時，須顧及

所有有關情況，特別是─

(a) 該項目或引致該項目的訟案或事宜的複雜性，以及所牽涉問題的難度或罕有性；

(b) 要求有關律師或大律師所具有的技巧、特殊知識和所負的責任，以及有關律師或大律

師所花費的時間和人力；

(d) 辦理所涉及事務的地點和情況；

(e) 訟案或事宜對當事人的重要性；

(f) (凡涉及金錢或財產者)金錢的款額或財產的價值；

(g) 就同一訟案或事宜中的其他項目而須支付給律師或大律師的任何其他費用及津貼，但

僅以就該等項目辦理的工作減省了本需就有關項目辦理的工作為限。

給予大律師的費用

2. (1) 除根據《法律援助條例》(第91章)所作的訟費評定以及就官方所須支付的費用作訟費

評定外，支付給大律師的費用除非符合以下情況，否則不得准予─

(a) 其款額在訟費評定前已獲向大律師發出指示的律師同意；並且

(b) 由大律師簽署的關於該等費用的收據，在訟費評定官發出其證明書前已向訟費評定官

交出。

(2) 在第28(2)條規則具有效力的訟費的評定中，不得准予大律師的聘用費。

(3) 不得就大律師在內庭在聆案官席前出庭或多於一名大律師在法官席前或在上訴法庭席前出

庭或在公開法庭在聆案官席前出庭而准予訟費，但如聆案官或法官或上訴法庭(視屬何情況而定)已

核證在有關案件的情況下如此出庭是恰當的，則屬例外。 (1998年第25號第2條；2008年第152號法

律公告)

(4) 繼續聘用費的款額須由訟費評定官酌情決定，並須按審訊或聆訊進行期間的第一個五小時

時段之後的每個五小時時段(或其部分)計算，或按訟費評定官酌情決定就需要大律師在審訊地點出

庭的第一天以後的每一天計算，准予支付給大律師。

(5) 准予大律師的費用由訟費評定官酌情決定，而訟費評定官在行使其酌情決定權時，須顧及

所有有關情況，尤其是第1(2)段列出的事宜。 (2008年第152號法律公告)

須獲授權或核證等的項目

4. (1) 在任何因碰撞或為免發生碰撞而造成的陸上意外所引致的訴訟中，製備意外發生地點

的圖則(草圖除外)的訟費，除非符合以下情況，否則不得准予─

(a) 在審訊前法庭已授權製備該圖則，或

(b) 即使未有(a)分節所指的授權，訟費評定官仍信納製備該圖則供審訊時使用是合理的。

(2) 在第28(2)或(3)條規則具有效力的訟費的評定，就有法庭專家根據第40號命令獲委任(或有

科學顧問根據第103號命令第27條規則獲委任)的問題而傳召專家證人的訟費，除非法庭在審訊時核

證傳召該證人是合理的，否則不得准予。

(3) 如任何要求根據《專利註冊條例》(第42章)第8(1)條作出宣布的訴訟或申索進行審訊，則

就任何在關於違反的詳情或關於反對的詳情中提出並關於有關的專利的爭論點而言，不得准予交付

該等詳情的各方的訟費，但如該等爭論點或詳情經由法庭核證為已獲證明或屬於合理恰當，則屬例

第 4A 章 - 《高等法院規則》 228

外(以經如此核證的範圍為限)。

在內庭出庭─衡平法司法管轄權

5. (1) 本段的以下規定適用於每一宗在法院的衡平法司法管轄權下在內庭進行的聆訊。

(3) 凡在前文所述的任何聆訊中，法庭核證為有關法律程序的迅速及令人滿意的處置而需要參

與其中的律師在為該聆訊作準備時付出超常的技巧和努力，並核證該名律師確有如此行事，則訟費

評定官在就有關傳票或申請的指示評定須准予的訟費時，須對該證明書加以考慮。

文件的文本

7. (1) 就印製任何文件的文本而恰當支付給承印人的款額須獲准予；凡一份文件的任何部分

是恰當地以某外語印製或印製成摹本，或以任何異常或特別的方式印製，或凡該份文件在第一次校

對後有需要作任何修改，則須准予訟費評定官所認為合理的款項，而該款額須包括接待有關承印人

的任何費用。

(2) 有權取得任何文件的印本的一方的律師，須獲准予他為取得所需數目或恰當數目的印本而

支付的款項。

(3) 根據本附表第I部第1項就文件的印本而准予的費用，須附加在根據本段的前述條文而准予

的費用，並除第(4)節另有規定外，須在以下文件的印本屬需要或恰當時，予以准予─

(a) 任何狀書的印本，供送達對方之用；

(b) 任何特別個案的印本，供送交存檔之用；

(d) 任何誓章的印本，供書面見證之用；

(e) 任何狀書、特別個案或證據的印本，供大律師在法庭上使用；或

(f) 在需要及恰當的情況下複製的任何其他文件的印本，而該等文件是本附表未有予以規

定的。

(4) 凡任何文件在印製文本前，已有製備手寫本，則不得就其供法庭或大律師使用的印本，准

予根據第I部第1項所准予的費用，亦不得在同一訟案或事宜中准予該費用多於一次。

附表2 [第32條規則]

第I部

在不經審訊而作出判給經算定的款項的判決時或根據第13A號命令作出判決時的訟費

(2008年第152號法律公告)

1. 本附表第II部所列出的訟費收費表(包括依據《區域法院條例》(第336章)第72條而訂明的

訟費表)適用於下列案件(案件中的傳訊令狀必須是於《2008年修訂規則》生效+後發出，並且是只註

有一項就一筆債項或經算定的索求款項而提出的申索的)，即─ (1998年第25號第2條；2008年第

152號法律公告)

(a) 被告人在令狀的註明所規定的時限內按規定的方式支付所申索款額的案件；

(b) 原告人根據第13號命令第1條規則基於對方沒有發出擬抗辯通知書或根據第19號命令第

2條規則基於欠缺抗辯書而取得判決的案件。 (2008年第152號法律公告)

第 4A 章 - 《高等法院規則》 229

1A. 本附表第II部所列出的訟費收費表，適用於原告人根據第13A號命令不經聆訊而取得判決的

案件。 (2008年第152號法律公告)

2. 儘管本附表第1或1A段或上述收費表已有規定，在該第1或1A段所適用的任何案件中，除非

屬下列情況，否則仍不得准予任何訟費─ (2008年第152號法律公告)

(a) 法庭命令須准予訟費；或

(b) 在一宗第1段(b)分節所適用的案件中，判決或作出判決的命令(視屬何情況而定)是在

令狀送達後28天內或法庭所容許的較長時限內取得的。

3. 在上述收費表所適用的每一宗案件中，須將就討回的款項發出令狀時本須繳付的費用，加

在上述收費表所列出的基本訟費之上。

第II部

訟費收費表

項收費率

基本訟費 $

須在─

第1段(a)分節所指案件中准予者 ( 如原告

人有法律

代

表 )9000

及 ( 如原

告人沒有

法律代

表)500

第1段(b)分節所指案件中准予者 (如原告人

有法律代

表)10000及

(如原告人

沒有法律代

表)600

第1A段所指案件中准予者 (如原告人

有法律代

表 )10000

及(如原告

人沒有法

律代

表)600

額外訟費

1. 在第一名被告人之後每多一名被告人 500

2. 凡就每一名須予送達的被告人，命令作出替代並且完成替代送達 1000

3 - 7. (由2008年第152號法律公告廢除)

(2008年第152號法律公告)

第 4A 章 - 《高等法院規則》 230

第III部

雜項規定

項收費率

1. 凡一名原告人或被告人根據第10條規則就訟費簽署判決，則須准予─ (2008年第

152號法律公告)

判決的訟費 1000

2. 凡就已取得判一名債務人敗訴可向其討回款項或可規定其繳付款項的判決或命令

的人所提出的申請，根據第49號命令針對第三債務人作出第三債務人的命令，就

第三債務人欠該名債務人或應累算付給該債務人的債項作扣押，則須准予下列訟

費─

(a) 支付第三債務人的訟費，該筆訟費須在付款給有關申請人前由第三債務

人從他如前述般所欠的債項中扣除─

(i) 如並無使用誓章

(ii) 如有使用誓章

100

300

(b) (由2008年第152號法律公告廢除)

3. (由2008年第152號法律公告廢除)

4. 凡有第46號命令第1條規則所指的執行令狀針對任何一方發出，則須准予─

發出執行程序文件的訟費 600

(2008年第152號法律公告)

___________________________________________________________________________

註：

* “《1894年商船法令》”乃“Merchant Shipping Act, 1894”之譯名。

# 並請參閱以下條文─

(a) 就《1894年商船法令》而言，第415章附表5第3部及第508章附表2第1條；

(b) 就1894至1979年的《商船法令》(Merchant Shipping Acts) 而言，第281章第117條、第

415章第103條及第478章第142條。

+ 生效日期：2009年4月2日。

命令： 62A 訟費提議及款項繳存法院 v 02/04/2009

I. 導言

1. 釋義及適用範圍

(第62A號命令第1條規則)

(1) 在本命令中—

“支付方”(paying party) 指有法律責任支付訟費的一方；

“收取方”(receiving party) 相對支付方而言，指有權獲付該支付方所支付的訟費的一方；

第 4A 章 - 《高等法院規則》 231

“有關日期”(relevant date) 就訟費評定而言，指—

(a) 根據第62號命令第21B(1)條規則評定有關訟費單的日期；或

(b) 根據第62號命令第21C(1)條規則排期的為訟費評定進行聆訊的日期；

“附帶條款付款”(sanctioned payment) 指按照本命令以向法院繳存款項的方式作出的訟費提議；

“附帶條款付款通知書”(sanctioned payment notice) 指根據第8(2)條規則的規定須送交存檔的

關乎附帶條款付款的通知書；

“附帶條款和解提議”(sanctioned offer) 指按照本命令作出(並非以向法院繳存款項的方式作出)

的訟費提議；

“受提議者”(offeree) 在有訟費提議向某一方作出的情況下，指該一方；

“訟費提議”(costs offer) 指就下述事宜提出的和解提議—

(a) 一方獲付屬訟費評定的標的之訟費的權利；及

(b) 該項訟費評定的訟費；

“提議者”(offeror) 指作出訟費提議的一方。

(2) 本命令不適用於現時或曾經屬受助人的有關法律程序的一方，亦不就該方而適用。

2. 具有指明後果的和解提議

(第62A號命令第2條規則)

(1) 訟費評定的任何一方，均可按照本命令作出訟費提議。

(2) 根據第(1)款作出的提議，具有第18、19及20條規則(視何者適用而定)指明的後果。

(3) 本命令的任何條文，均不阻止任何一方以他所選擇的任何方式作出訟費提議，但如該訟費

提議並非按照本命令作出，除非法庭命令該提議須具有本命令指明的後果，否則該提議不具有該等

後果。

II. 作出附帶條款和解提議或附帶

條款付款的方式

3. 支付方的訟費提議需要附帶

條款付款

(第62A號命令第3條規則)

(1) 除非支付方的訟費提議，是以附帶條款付款方式作出，否則該提議不具有本命令指明的後

果。

(2) 附帶條款付款可在有關日期前的任何時間作出。

4. 收取方的訟費提議需要附帶

條款和解提議

(第62A號命令第4條規則)

除非收取方的訟費提議，是以附帶條款和解提議方式作出，否則該提議不具有本命令指明的後

果。

5. 附帶條款和解提議的格式及內容

(第62A號命令第5條規則)

第 4A 章 - 《高等法院規則》 232

(1) 附帶條款和解提議必須以書面作出。

(2) 附帶條款和解提議可關乎訟費的全數或部分。

(3) 附帶條款和解提議必須述明該提議是否關乎訟費的全數或部分，如關乎部分訟費的話，該

提議亦必須述明所關乎的部分。

(4) 附帶條款和解提議可在有關日期前的任何時間作出。

(5) 附帶條款和解提議必須規定在作出該附帶條款和解提議當日起計14天屆滿後，受提議者只

可在下述情況下接受該提議—

(a) 各方就在該限期後招致的訟費評定的訟費的法律責任及該訟費金額達成協議；或

(b) 法庭批予許可接受該提議。

6. 附帶條款和解提議的送達

(第62A號命令第6條規則)

作出附帶條款和解提議的收取方，須將該附帶條款和解提議送達支付方。

7. 附帶條款和解提議的撤回或削減

(第62A號命令第7條規則)

(1) 附帶條款和解提議不得在作出該附帶條款和解提議當日起計14天屆滿前被撤回或削減，但

如法庭批予許可撤回或削減該提議，則屬例外。

(2) 如要求撤回或削減附帶條款和解提議的申請仍然存續，除非法庭批予許可接受該提議，否

則不得接受該提議。

(3) 法庭如駁回要求撤回或削減附帶條款和解提議的申請，或批予許可削減附帶條款和解提

議，法庭可藉命令，指明可接受該附帶條款和解提議或經削減的附帶條款和解提議的限期。

(4) 如附帶條款和解提議被撤回，該提議不具有本命令指明的後果。

8. 附帶條款付款的通知書

(第62A號命令第8條規則)

(1) 附帶條款付款可關乎訟費的全數或部分。

(2) 作出附帶條款付款的支付方，須將採用附錄A表格93格式的通知書送交法院存檔，該通知書

須—

(a) 述明該筆付款的款額；

(b) 述明該筆付款是否關乎訟費的全數或部分，如關乎部分訟費的話，該通知書亦須述明

所關乎的部分；

(d) (如該通知書明示不包括利息)述明—

(i) 有否提議支付利息；及

(ii)(如有提議利息)提議的款額、提議的某個或多於一個利率以及提議的利息所涉及

的某段或多於一段期間；及

(e) (如一筆款項已經繳存法院，作為有關訴訟、訟案或事宜的訟費保證)述明該附帶條款

付款有否考慮該筆款項。

第 4A 章 - 《高等法院規則》 233

9. 附帶條款付款的送達

(第62A號命令第9條規則)

作出附帶條款付款的支付方須—

(a) 將附帶條款付款通知書送達收取方；及

(b) 將該通知書的送達證明書送交法院存檔。

10. 附帶條款付款的撤回或削減

(第62A號命令第10條規則)

(1) 附帶條款付款不得在作出該附帶條款付款當日起計14天屆滿前被撤回或削減，但如法庭批

予許可撤回或削減，則屬例外。

(2) 如要求撤回或削減附帶條款付款的申請仍然存續，除非法庭批予許可接受該筆付款，否則

不得接受該筆付款。

(3) 法庭如駁回要求撤回或削減附帶條款付款的申請，或批予許可削減附帶條款付款，法庭可

藉命令，指明可接受該附帶條款付款或經削減的附帶條款付款的限期。

(4) 如附帶條款付款被撤回，該筆付款不具有本命令指明的後果。

11. 作出和接受附帶條款和解提議或

附帶條款付款的時限

(第62A號命令第11條規則)

(1) 附帶條款和解提議在送達受提議者時，即告作出。

(2) 附帶條款付款在附帶條款付款通知書送達受提議者時，即告作出。

(3) 對附帶條款和解提議的修訂在其詳細資料送達受提議者時，即告有效。

(4) 對附帶條款付款的修訂在修訂通知書送達受提議者時，即告有效。

(5) 附帶條款和解提議或附帶條款付款在其接受通知書送達提議者時，即告被接受。

12. 附帶條款和解提議或附帶條款付款

通知書的澄清

(第62A號命令第12條規則)

(1) 受提議者可在附帶條款和解提議或附帶條款付款作出當日起計7天內，請求提議者澄清該提

議或付款通知書。

(2) 如在根據第(1)款作出的請求送達當日起計7天內，提議者沒有作出所請求的澄清，則受提

議者可在有關日期前提出申請，要求命令提議者作出上述澄清。

(3) 如法庭依據根據第(2)款提出的申請作出命令，法庭須指明有關的附帶條款和解提議或附帶

條款付款被視為已經作出的日期。

III. 附帶條款和解提議或附帶條款付款

的接受

13. 接受支付方的附帶條款付款的時限

(第62A號命令第13條規則)

第 4A 章 - 《高等法院規則》 234

(1) 如收取方在附帶條款付款作出後14天內，將書面的接受通知書送交法院存檔和送達支付

方，則在不抵觸第10(2)條規則及第(2)款的條文下，收取方可於有關日期前的任何時間，無需法庭

許可而接受該筆付款。

(2) 如收取方沒有在第(1)款指明的14天限期內，接受支付方的附帶條款付款，則收取方—

(a) (如各方就在該限期屆滿後招致的訟費評定的訟費的法律責任及金額達成協議)可無需

法庭許可而接受該筆付款；及

(b) (如各方沒有就在該限期屆滿後招致的訟費評定的訟費的法律責任及金額達成協議)僅

可在法庭許可下，接受該筆付款。

(3) 凡法庭批予根據第(2)款規定需要的許可，法庭須就訟費作出命令。

(4) 接受附帶條款付款的通知書，必須採用附錄A表格93A的格式。

14. 接受收取方的附帶條款和解提議

的時限(第62A號命令第14條規則)

(1) 如支付方在附帶條款和解提議作出後14天內，將書面的接受通知書送交法院存檔和送達收

取方，則在不抵觸第7(2)條規則及第(2)款的條文下，支付方可於有關日期前的任何時間，無需法庭

許可而接受該提議。

(2) 如支付方沒有在第(1)款指明的14天限期內，接受收取方的附帶條款和解提議，則支付方—

(a) (如各方就在該限期屆滿後招致的訟費評定的訟費的法律責任及金額達成協議)可無需

法庭許可而接受該提議；及

(b) (如各方沒有就在該限期屆滿後招致的訟費評定的訟費的法律責任及金額達成協議)僅

可在法庭許可下，接受該提議。

(3) 凡法庭批予根據第(2)款規定需要的許可，法庭須就訟費作出命令。

15. 在附帶條款付款被接受的情況下

將存於法院的款項支出

(第62A號命令第15條規則)

在第16(4)條規則的規限下，凡附帶條款付款被接受，收取方可藉作出採用附錄A表格93B格式的

支出款項請求，將存於法院的款項支出。

16. 接受由一名或多於一名(但非所有)

支付方作出的附帶條款付款

(第62A號命令第16條規則)

(1) 凡支付方多於一人，而收取方意欲接受其中一名或多於一名(但非所有)支付方作出的附帶

條款付款，則本條規則適用。

(2) 如支付方負共同及各別的支付訟費法律責任，則在下述情況下，收取方可按照第13條規則

接受有關付款—

(a) 收取方中止針對未有作出上述付款的支付方就訟費評定進行的法律程序；及

(b) 該等支付方以書面同意接受上述付款。

(3) 如支付方無須共同地但須各別地負起支付訟費的法律責任，收取方可—

(a) 按照第13條規則接受有關付款；及

第 4A 章 - 《高等法院規則》 235

(b) 延續他針對其他支付方就訟費評定進行的法律程序。

(4) 在所有其他情況下，收取方須向法庭申請—

(a) 准許將存於法院的任何款項向他支出的命令；及

(b) 法庭認為適當的關於訟費評定的訟費的命令。

17. 需要法庭命令才能夠接受附帶條款

和解提議或附帶條款付款的情況

(第62A號命令第17條規則)

凡在第80號命令第10條規則(由無行為能力的人作出的妥協等)適用的法律程序中，有附帶條款

和解提議或附帶條款付款作出，則—

(a) 該項提議或付款，僅可在法庭許可下被接受；及

(b) 不得在無法庭命令下將存於法院的任何款項支出。

IV. 附帶條款和解提議或附帶條款付款的後果

18. 接受附帶條款和解提議或附帶

條款付款的後果

(第62A號命令第18條規則)

(1) 如附帶條款和解提議或附帶條款付款關乎訟費的全數，並且被接受，則有關的訟費評定即

予擱置。

(2) 如被接受的是關乎訟費的全數的附帶條款和解提議，則—

(a) 有關擱置即屬按該提議的條款而作出；及

(b) 其中任何一方可申請強制執行該等條款，而無需展開新的法律程序。

(3) 如僅關乎訟費某部分的附帶條款和解提議或附帶條款付款被接受，則在關乎該部分訟費的

範圍內，有關的訟費評定即予擱置。

(4) 如某項關乎訟費的和解須經法庭批准方具約束力，則任何若非需要該批准即會因接受附帶

條款和解提議或附帶條款付款而引致的擱置，僅在該批准授予後才生效。

(5) 根據本條規則引致的擱置，並不影響法庭作出以下事情的權力—

(a) 強制執行任何附帶條款和解提議的條款；

(b) 處理關乎訟費評定的訟費(包括訟費的利息)的問題；或

(6) 凡—

(a) 附帶條款和解提議已被接受；及

(b) 某一方指稱—

(i) 另一方未有遵守該提議的條款；及

(ii)他因此有權獲得違反合約的補救，

除非法庭另有命令，否則該方可藉向法庭提出申請而申索該補救，而無需展開新的法律程序。

19. 收取方未能取得比附帶條款付款

更佳的結果時的訟費後果

(第62A號命令第19條規則)

第 4A 章 - 《高等法院規則》 236

(1) 如收取方未能在訟費評定中，取得比附帶條款付款更佳的結果，則本條規則適用。

(2) 訟費評定官可藉命令，不准予若非本款規定本須根據本條例第49條就判給收取方的全部或

部分訟費款額而支付的全部或部分利息，該筆利息是就在本可無需法庭許可而接受有關付款或提議

的最後日期後的某段或整段期間計算的。

(3) 訟費評定官亦可—

(a) 命令收取方支付在有關付款作出的日期後按彌償基準計算的訟費評定的訟費；及

(b) 命令支付方有權獲付按不高於判定利率10%的利率計算的該等訟費的利息。

(4) 凡本條規則適用，訟費評定官須作出第(2)及(3)款提述的命令，但如他認為作出該等命令

並不公正，則不可作出該等命令。

(5) 訟費評定官在考慮作出第(2)及(3)款提述的命令是否不公正時，須考慮案件的整體情況，

包括—

(a) 附帶條款付款的條款；

(b) 附帶條款付款在法律程序的哪個階段作出；

(d) 為作出或評核有關付款，各方在提供資料或拒絕提供資料方面的行為舉措。

(6) 訟費評定官根據本條規則而具有的權力，屬增補他在判給或不准予利息方面的任何其他權

力。

20. 收取方取得比他在附帶條款和解提議中

所建議者更佳的結果時的訟費及其他

後果(第62A號命令第20條規則)

(1) 凡支付方在訟費評定中被判須負的法律責任，高於收取方的附帶條款和解提議所載的建

議，則本條規則適用。

(2) 訟費評定官可就收取方獲准予訟費的全數或部分款項的利息作出命令，該利息按不高於判

定利率10%的利率，就在有關附帶條款和解提議送達支付方的日期後的某段或整段期間計算。

(3) 訟費評定官亦可命令收取方有權獲付—

(a) 他在有關附帶條款和解提議送達支付方的日期後的按彌償基準計算的訟費；及

(b) 按不高於判定利率10%的利率計算的該等訟費的利息。

(4) 凡本條規則適用，訟費評定官須作出第(2)及(3)款提述的命令，但如他認為作出該等命令

並不公正，則不可作出該等命令。

(5) 訟費評定官在考慮作出第(2)及(3)款提述的命令是否不公正時，須考慮案件的整體情況，

包括—

(a) 附帶條款和解提議的條款；

(b) 附帶條款和解提議在法律程序的哪個階段作出；

(d) 為作出或評核有關提議，各方在提供資料或拒絕提供資料方面的行為舉措。

(6) 訟費評定官根據本條規則而具有的權力，屬增補他在判給利息方面的任何其他權力。

V. 雜項事宜

21. 對披露附帶條款和解提議或附帶

條款付款的限制

(第62A號命令第21條規則)

第 4A 章 - 《高等法院規則》 237

(1) 附帶條款和解提議須視為“除訟費外無損權利”。

(2) 已經作出附帶條款付款一事，在須准予的訟費款額決定之前，不得向訟費評定官傳達。

(3) 第(2)款在下述情況下不適用—

(a) 有關訟費評定已在接受附帶條款付款後，根據第18條規則擱置；及

(b) 是否有附帶條款付款作出一事，可能攸關法律責任的爭論點的訟費問題。

22. 利息(第62A號命令第22條規則)

(1) 除非—

(a) 收取方的附帶條款和解提議有相反的顯示；或

(b) 附帶條款付款通知書有相反的顯示，

否則任何該等提議或付款，須被視為包括截至該項提議或付款本可無需法庭許可而被接受的最後日

期的所有利息。

(2) 凡收取方的附帶條款和解提議或附帶條款付款通知書明示不包括利息，則該提議或通知書

必須述明—

(a) 有否提議支付利息；及

(b) (如有提議利息)提議的款額、提議的某個或多於一個利率以及提議的利息所涉及的某

段或多於一段期間。

(2008年第152號法律公告)

命令： 63 登記處 L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

一般及行政規定

2. 常規聆案官(第63號命令第2條規則)

除司法常務官另有指示外，在登記處開放辦公的每一天均須有一名聆案官在場，以監督在該處

辦理的事務，並就常規及程序問題作出任何所需的指示。

3. 存檔日期須予標明等規定(第63號命令第3條規則)

(1) 在任何法律程序中在登記處存檔的任何文件，均必須標明其存檔的日期。

(2) 任何交付登記處存檔的文件的交付時間、該文件的日期，以及該文件構成其紀錄一部分的

訟案或事宜的標題，其詳情均須記入為該目的而備存於登記處的簿冊。

(香港)3A. 將文件送交登記處存檔

(第63號命令第3A條規則)

(1) 除第(2)款及第12號命令第1(3)條規則另有規定外，任何按照本規則或根據法庭命令須送交

法院存檔的文件，均須以將該文件親手交付登記處的方式送交存檔。

(2) 如任何文件須由無律師代表的訴訟人送交存檔，而該訴訟人並非一名藉法庭依據第5號命令

第6(3)條規則或第12號命令第1(2A)條規則所給予的許可而代表某個法人團體的董事，則可藉將該文

件以郵遞方式送交登記處而將之送交存檔，而登記處接獲該文件的日期即為該文件送交存檔的日

第 4A 章 - 《高等法院規則》 238

期。

(1995年第127號法律公告)

4. 對某些已在登記處存檔的文件作查閱等的權利

(第63號命令第4條規則)

(1) 任何人在繳付訂明的費用後，均有權在司法常務官所指示的時間內，翻查及查閱任何以下

已在登記處存檔的文件並取得其文本一份，即─

(a) 任何傳訊令狀或其他原訴法律程序文件的文本，

(b) 任何在法庭上作出的判決或命令，或任何該等判決或命令的文本，及

(2) 前述條文不得視作阻止一宗訟案或事宜的任何一方，翻查及查閱該宗訟案或事宜的已在登

記處存檔的任何誓章或其他文件，或在該宗訟案或事宜展開前著眼於展開該宗訟案或事宜而在該處

存檔的任何誓章或其他文件，或取得該等誓章或文件的文本。

5. 文件的存放(第63號命令第5條規則)

凡法庭命令任何文件須交存於法院，則除非另有指示，否則該等文件必須存放於登記處。

8. 對授權書作查閱等(第63號命令第8條規則)

(1) 登記處須就所有在1972年10月1日之前已存放於登記處的授權書備存一套索引。

(2) 任何人在繳付訂明的費用後，均有權─

(a) 翻查該套索引；

(b) 查閱任何存放於該處的授權書以及連同該授權書存放於該處的任何文件；及

而任何該授權書及該等文件的文本可提交登記處以標明為正式文本。

(3) 任何人在繳付訂明的費用後，均有權─

(a) 翻查根據《持久授權書條例》(第501章)第9(4)條備存的持久授權書註冊紀錄冊；

(b) 查閱根據該條例第9(3)條送交的任何持久授權書；及

而該持久授權書的文本可提交登記處以標明為正式文本。 (1997年第284號法律公告)

9. 對移走文件的限制(第63號命令第9條規則)

已在高等法院登記處存檔或由高等法院登記處保管的文件，未經法院許可不得自該登記處取

出。 (1998年第25號第2條)

10. 文書的登記(第63號命令第10條規則)

任何契據，如憑藉任何成文法律而規定或准予在高等法院登記，可在登記處作登記。 (1998年

第25號第2條；2008年第152號法律公告)

在本條規則中，“契據”(deed) 包括轉易契及其他文書。

第 4A 章 - 《高等法院規則》 239

命令： 64 開庭期、休庭期及辦公時間 L.N. 92 of 2012 13/07/2012

1. 最高法院的開庭期(第64號命令第1條規則)

(1) 上訴法庭及原訟法庭的開庭期為每年三次，即─ (1998年第25號第2條)

(a) 冬季開庭期，由1月4日開始，至復活節星期日前的星期四當日結束；

(b) 春季開庭期，由復活節星期日後的第二個星期一開始，至7月31日當日結束；

2. 上訴法庭(第64號命令第2條規則)

(1) 上訴法庭在休庭期內須於終審法院首席法官所不時指示的日子，開庭聆訊有需要即時或從

速作聆訊的上訴或申請，並須就終審法院首席法官決定為此目的需要開庭的其他上訴及申請而進行

聆訊。

(2) 一宗上訴的任何一方，可在任何時間向上訴法庭申請作出在休庭期內聆訊該宗上訴的命

令，而如該法院信納該宗上訴有需要即時或從速作聆訊，可據此作出命令並編定一個聆訊日期。

(3) 上訴法庭可按該法院所指示在休庭期內聆訊其他上訴。

(4) 第59號命令第10(9)條規則的條文，適用於本條規則所賦予上訴法庭的權力。

(1998年第25號第2條)

3. 原訟法庭(第64號命令第3條規則)

(1) 一名或多於一名原訟法庭法官在休庭期內，須於終審法院首席法官所不時指示的日子，開

庭聆訊有需要即時或從速聆訊的訟案、事宜或申請，並須就終審法院首席法官決定為此目的需要開

庭的其他訟案、事宜或申請而進行聆訊。

(2) 一宗訟案或事宜的任何一方，可在任何時間向原訟法庭申請作出在休庭期內聆訊該宗訟案

或事宜的命令，而如原訟法庭信納該宗訟案或事宜有需要即時或從速聆訊，可據此作出命令並編定

一個聆訊日期。

(3) 任何原訟法庭法官，均可按法院所指示在休庭期內聆訊其他訟案或事宜。

(1998年第25號第2條)

3A. 休庭期內的事務(第64號命令第3A條規則)

(香港)(1) 在接獲一宗訴訟或事宜的任何一方所提出的申請後，法庭如認為適合─

(a) 如該宗訴訟或事宜已進行部分聆訊，可在休庭期內結束該宗訴訟或事宜；及

(b) 可在休庭期內，就該宗訴訟或事宜宣告判決。

7. 高等法院辦事處：開放辦公的日子及辦公時間

(第64號命令第7條規則)

(1) 高等法院辦事處全年每天均開放辦公，但下列日子及時間除外─

(a) 星期六下午1時後，

(b) 星期日，

(c)-(ca) (由2012年第92號法律公告廢除)

(e) 《公眾假期條例》(第149章)所指的公眾假期， (1998年第35號第5條)

第 4A 章 - 《高等法院規則》 240

(f) 首席法官所指示的其他日子。

(2) 高等法院的任何辦事處須向公眾開放辦公的時間，按終審法院首席法官所不時指示者而

定。

(1998年第25號第2條)

命令： 65 文件的送達 L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

1. 需要面交送達的情況(第65號命令第1條規則)

(1) 任何憑藉本規則而需送達任何人的文件，除非是本規則的明訂條文或法庭的命令規定須面

交送達者，否則無須如此送達。

(2) 第(1)款不影響法庭根據本規則的任何條文而具有的免除面交送達的規定的權力。

2. 面交送達：如何完成(第65號命令第2條規則)

面交送達一份文件的完成方式，是將該份文件的文本一份留交須予送達的人。

3. 對法人團體作面交送達(第65號命令第3條規則)

(1) 面交送達一份文件予任何法人團體，如成文法律並無就之作出其他規定，完成方式可以是

按照第2條規則，將該份文件送達該法人團體的主席或總裁，或該法人團體的書記、秘書、司庫或其

他相類的高級人員。 (2008年第152號法律公告)

(2) 凡有令狀按照第10號命令第1(2)條規則送達任何法人團體，該條規則即具有效力，猶如該

條規則凡提述被告人的通常或最後為人所知的地址之處均代以該法人團體的註冊或主要辦事處一

樣，以及猶如該條規則凡提述為被告人所知之處均代以為第(1)款所述的人所知一樣。

4. 替代送達(第65號命令第4條規則)

(1) 如就憑藉本規則的任何條文須作面交送達的文件或第10號命令第1條規則所適用的文件而

言，法庭覺得基於任何理由將文件以訂明的方式送達該人並非切實可行，則法庭可作出將文件作替

代送達的命令。

(2) 申請作替代送達的命令，可藉述明有關申請所依據的事實的誓章提出。

(3) 有命令根據本條規則就之作出的文件，其替代送達的完成方式是採取法庭所指示的使須予

送達的人知悉該文件的步驟。

5. 普通送達：如何完成(第65號命令第5條規則)

(1) 如要送達任何文件，而該文件並非憑藉本規則的任何條文須面交送達或並非第10號命令第1

條規則所適用者，則其完成方式可以是─

(a) 將該文件留在須予送達的人的恰當地址，或

(b) 郵遞，或

處，或留在一個每個工作天均將文件傳送至該文件轉遞處的文件轉遞處，或

(d) 法院所指示的其他方式。

第 4A 章 - 《高等法院規則》 241

在本規則中，“文件轉遞處”(document exchange) 指當其時經終審法院首席法官批准的任何

文件轉遞處或在同一經辦人控制下的各文件轉遞處。 (1995年第223號法律公告；1998年第25號第2

條)

(2) 為施行本條規則及適用於本條規則的《釋義及通則條例》(第1章)第8條，按照本條規則須

予送達文件的人的恰當地址為該人的送達地址，但如在完成送達之時，該人並無送達地址，則就前

述目的而言該人的恰當地址─

(a) (在任何情況下)為在有關文件須就之完成送達的法律程序中代表該人的律師(如有的

話)的營業地址，或

(b) (如屬個人的情況)為該人的通常或最後為人所知的地址，或

所知的營業地點，或

(d) (如屬法人團體的情況)為該法人團體的註冊或主要辦事處。

(2A) 按照第(1)(c)款留在某個文件轉遞處的任何文件，除非證明情況相反，否則須當作已在留

下該文件之日的下一個工作天送達。

(3) 本條規則不得視為禁止面交送達任何文件，亦不得視為影響任何訂定向法人團體送達文件

的方式的成文法。

(4) 在本條規則中，“工作天”(business day) 指非屬公眾假期的任何一天。

6. 在並非由官方提出或針對官方提出的法律程序

中向律政司司長作送達(第65號命令第6條規則)

凡為提出任何在高等法院的法律程序的目的或為與該等法律程序相關連，而該等法律程序並非

《官方法律程序條例》(第300章)第III部所指的由官方提出或針對官方提出的民事法律程序，則就

根據任何成文法律或本規則須送達律政司司長的任何文件的送達而言，該條例第14條以及第77號命

令第4條規則須得適用，一如其適用於為提出任何由官方提出或針對官方提出的民事法律程序的目的

或為與該等法律程序相關連而須送達官方的文件的送達。

(1997年第362號法律公告；1998年第25號第2條；2008年第152號法律公告)

7. 在某些時間後作送達的效力(第65號命令第7條規則)

任何文件(傳訊令狀或其他原訴法律程序文件除外)，如其送達是根據第2條規則或第5(1)(a)條

規則而在任何星期六的下午1時與翌日的午夜之間完成，或是在任何其他周日的下午四時後完成，則

為計算文件送達之後的任何期間，文件須當作在該星期六後的星期一或該周日的翌日送達(視屬何情

況而定)。

8. 關於送達的誓章(第65號命令第8條規則)

除第10號命令第1(3)(b)條規則及第81號命令第3(2)(b)條規則另有訂定外，關於任何文件的送

達的誓章，必須述明該文件是由何人送達、在一星期中那一天送達及送達的日期、在何處送達及如

何送達。

9. 在某些情況下無須作送達

(第65號命令第9條規則)

第 4A 章 - 《高等法院規則》 242

凡任何文件憑藉本規則須送達任何人，但無須作面交送達或按照第10號命令第1(2)條規則送

達，而在送達須完成之時該人沒有作送達認收或並無送達地址，則除非法庭另有指示或本規則的任

何條文另有規定，否則該文件無須送達該人。 (2008年第152號法律公告)

10. 在星期日送達法律程序文件

(第65號命令第10條規則)

(1) 在本司法管轄權範圍內，不得在星期日送達或執行任何法律程序文件，但如事態緊急並獲

法庭許可，則屬例外。

(2) 就本條規則而言，“法律程序文件”(process) 包括令狀、判決、通知、命令、呈請書、

原訴或其他傳票或手令。

命令： 66 紙張、印刷、通知及文本 25 of 1998 s. 2 01/07/1997

附註：

具追溯力的修訂─見1998年第25號第2條

1. 紙張的質量(第66號命令第1條規則)

由任何一方擬備供在法院使用的文件，除非其性質使到如此行事並不切實可行，否則必須採用

經久耐用的紙張，而其正面左邊及背面右邊，則必須留有不少於35毫米寬的空白邊沿。

2. 關於印刷的規定(第66號命令第2條規則)

(1) 除本規則另有訂定外，由任何一方擬備供在高等法院使用的每一份文件，必須是以下述其

中一種方法製作，即印刷、書寫(必須清楚可閱)及並非採用複寫紙的打字，文件並可部分以一種該

等方法製作，部分以另一種或多於一種該等方法的製作。 (1998年第25號第2條)

(2) 就本規則而言，任何文件如是以活字印刷或蠟紙複印的方法製作，須當作是印刷而成。

(3) 任何用於製作供前述用途的文件的活字，其刻印效果必須清楚可閱；如屬印刷，所用字體

不得小於1/72英吋一字，如屬活字印刷、蠟紙複印或打字，則不得小於每英吋12個字。

(4) 任何文件，如是以攝影或相類程序製成，並將所載材料無瑕疵及正面逼真地永久重現，則

就本規則而言，在該文件載有任何印刷、書寫或打字而成的材料的摹本的範圍內，該文件須視作猶

如是印刷、書寫或打字而成(視屬何情況而定)一樣。

(5) 本規則所規定的任何通知，除非經法庭許可，否則不得以口述方式作出。

3. 給予另一方的文件的文本

(第66號命令第3條規則)

(1) 凡由任何一方擬備供在高等法院使用的文件是印刷而成，擬備該份文件的一方，必須在接

獲有權取得該份文件的文本的任何另一方的書面要求後，及在獲付恰當收費後，向該一方提供該份

文件的文本，數目按書面要求所指明者而定，但不超逾十份。

(2) 凡由任何一方擬備供在高等法院使用的文件是書寫或打字而成，擬備該份文件的一方，必

須向有權取得該份文件的文本的任何另一方(並非已獲送達該份文件的一方)提供該份文件的文本一

份，而凡有關的文件是一份誓章，則亦須提供任何附於該誓章作為證物的文件的文本一份。

該份文本必須在接獲索取該份文本的書面要求以及一項答允繳付恰當收費的承諾後48小時內備

第 4A 章 - 《高等法院規則》 243

妥以供交付，其後則必須在獲付該等收費後予以提供。

(1998年第25號第2條)

4. 關於文本的規定(第66號命令第4條規則)

(2) 在根據本規則向任何一方提供一份文件的文本前，該文本必須註明提供該文本的一方或律

師的姓名及地址。

(3) 根據第3條規則提供任何文本的一方或(如該一方是由律師代表作起訴或出庭)其律師，須負

文本是正本的真實副本或是一份正式文本的真實副本(視屬何情況而定)的責任。

命令： 67 轉換律師 L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

1. 轉換律師通知書(第67號命令第1條規則)

(1) 一宗訟案或事宜的任何一方，如由律師代表作起訴或作抗辯，均可轉換其律師而無須取得

為該目的所作出的命令，但除非關於該轉換的通知書已按照本條規則送交存檔，而其文本亦已按照

本條規則予以遞交及送達，否則除第5及6條規則另有規定外，有關的前任律師在此之前仍須被視為

該一方的律師，直至該宗訟案或事宜在原訟法庭或上訴法庭最終完結為止。 (1998年第25號第2條)

(2) 轉換律師通知書必須送交存檔，而其文本一份須交存登記處。

(3) 發出通知書的一方，必須向有關訟案或事宜的其他每一方(並非沒有作送達認收的一方)及

其前任律師，送達通知書的文本一份，而該份文本之上註有備忘錄，述明通知書已妥為送交登記處

存檔。 (2008年第152號法律公告)

(4) 發出通知書的一方，可親自或由其新任律師代表，履行本條規則所訂明的職責。

3. 委任律師通知書(第67號命令第3條規則)

凡任何一方在曾親自作起訴或作抗辯後，委任一名律師在有關訟案或事宜中代表他行事，該項

轉變可無須取得為該目的所作出的命令而作出，而第1(2)、(3)及(4)條規則在加以必要的變通後，

適用於委任律師通知書，一如其適用於轉換律師通知書。

4. 擬親自行事通知書(第67號命令第4條規則)

凡任何一方在曾由律師代表作起訴或作抗辯後，擬親自行事且屬有權親自行事，該項轉變可無

須取得為該目的所作出的命令而作出，而第1條規則在加以必要的變通後，適用於擬親自行事通知

書，一如其適用於轉換律師通知書，但有關的擬親自行事通知書必須載有發出該通知書的一方的一

個送達地址。

5. 應另一方之請將律師從紀錄上除名

(第67號命令第5條規則)

(1) 凡─

(a) 一名曾在一宗訟案或事宜中代表任何一方的律師已死亡或破產或不能尋獲或未能取得

執業證書，或已從律師登記冊上刪除姓名，或已被暫停執業，或基於任何其他原因已

停止執業，及

第 4A 章 - 《高等法院規則》 244

(b) 有關一方未有按照本命令的前述條文，發出轉換律師通知書或擬親自行事通知書，

則該宗訟案或事宜的任何其他一方，可向法院申請(或如在該宗訟案或事宜中正有向上訴法庭提出的

上訴待決，則可向上訴法庭申請)，要求作出命令宣布該名律師已停止在該宗訟案或事宜中作為首述

一方的代表律師，而法院或上訴法庭(視屬何情況而定)可據此作出命令。 (1998年第25號第2條)

(2) 申請根據本條規則作出命令，必須藉傳票提出，除非法院或上訴法庭(視屬何情況而定)另

有指示，否則傳票必須送達申請所關乎的律師所代表的一方。 (1998年第25號第2條；2008年第152

號法律公告)

申請必須由述明申請理由的誓章支持。

(3) 凡有命令根據本條規則作出，申請作出命令的一方必須─

(a) 向該宗訴案或事宜的其他每一方(並非沒有作送達認收的一方)，送達命令的文本一

份，及 (2008年第152號法律公告)

(b) 促致命令在登記處登錄，及

的證明書，留交登記處。

(4) 根據本條規則作出的命令，不影響有關律師與其所曾代表的一方之間的權利。

6. 已停止代表一方的律師的退任

(第67號命令第6條規則)

(1) 凡一名曾在一宗訟案或事宜中代表任何一方的律師已停止如此代表該一方，而該一方未有

按照第1條規則發出轉換律師通知書，或未有按照第4條規則發出擬親自行事通知書，則該名律師可

向法院申請，要求作出命令宣布該名律師已停止在該宗訟案或事宜中作為該一方的代表律師，而法

院或上訴法庭(視屬何情況而定)可據此作出命令，但除非該名律師已─

(a) 向該宗訟案或事宜的每一方(並非沒有作送達認收的一方)，送達命令的文本一份，及

(2008年第152號法律公告)

(b) 促致命令在登記處登錄，及

書，留交登記處，

否則除本命令的前述條文另有規定外，該律師在此之前仍須被視為該一方的代表律師，直至該宗訟

案或事宜在原訟法庭或上訴法庭最終完結為止。 (1998年第25號第2條)

(2) 申請根據本條規則作出命令，必須藉傳票提出，而除非法院或上訴法庭(視屬何情況而定)

另有指示，否則傳票必須送達該名律師所曾代表的一方。申請必須由述明申請理由的誓章支持。

(1990年第363號法律公告；1998年第25號第2條)

(3) 根據本條規則作出的命令，不影響有關律師與其所曾代表的一方之間的權利。

(4) 儘管第(1)款已有規定，凡任何《法律援助條例》(第91章)所指的受助人證書被撤回或取

消，曾代表該受助人的律師，在根據該條例被終止聘用時即停止在有關訟案或事宜中作為該受助人

的代表律師；如證書已被撤回或取消的受助人擬在無法律援助的情況下繼續進行有關訟案或事宜，

並委任該名律師或另一名律師代表他行事，則第3條規則的條文須得適用，猶如該一方在此之前是親

自作起訴或作抗辯一樣。

(香港)6A. 查閱誓章須獲許可(第67號命令第6A條規則)

(香港) 儘管第63號命令第4(2)條規則已有規定，在查閱任何依據第6(2)條規則作出或送交存

檔的誓章或取得其文本前，仍須先獲得法院或上訴法庭(視屬何情況而定)的許可。

第 4A 章 - 《高等法院規則》 245

(1994年第167號法律公告；1998年第25號第2條)

7. 其律師已從記錄上除名的一方的送達地址等

(第67號命令第7條規則)

凡─

(a) 已有命令根據第5條規則作出，或

(b) 已有命令根據第6條規則作出，而該命令的申請人已遵從第6(1)條規則，或

則除非該命令或證書所關乎的一方或該命令或證書所關乎的律師所代表的一方(視屬何情況而定)，

委任另一名律師及遵從第3條規則(或如該一方有權親自行事，則為發出擬親自行事通知書及遵從第4

條規則)，否則在此之前，其最後為人所知的地址，或如該一方是法人團體，則為該法人團體的註冊

或主要辦公地址，為向該一方送達無須作面交送達的文件的目的，仍須當作為其送達地址。

9. 本命令適用於婚姻訴訟及事宜

(第67號命令第9條規則)

本命令對婚姻訴訟及事宜具有效力，而在其適用於該等訴訟或事宜時，第4及7條規則中凡提述

送達地址之處，均須解釋為提述憑藉《婚姻訴訟條例》(第179章)第10條的條文而有效的規則所規定

的送達地址，或根據該條例第54條訂立的規則所規定的送達地址。

命令： 68 正式速記紀錄 25 of 1998 01/07/1997

附註：

具追溯力的適應化修訂─見1998年第25號第2條

1. 關於所有證據等的正式速記紀錄

(第68號命令第1條規則)

(1) 每一宗在原訟法庭的訴訟或其他法律程序，如是在有證人的情況下進行審訊或聆訊，則除

非法官另有指示，否則須為任何在法庭上以口頭方式提供的證據、任何由法官作出的總結詞，以及

任何由法官宣告的判決作出一份正式速記紀錄；如任何一方有此要求，該份如此作出的紀錄須予以

謄寫，謄本按任何一方所要求的數量而提供予該一方，並按任何就原訟法庭法律程序作正式速記紀

錄作出規定的有效方案所批准者收費。

(2) 本條規則不得解釋為禁止向並非有關法律程序的一方的人提供謄本。

(3) 上訴法庭根據本命令具有的權力，可由該法院的一名單一名法官或民事上訴案的司法常務

官行使。

(1998年第25號第2條)

2. 無須予以謄寫的證據(第68號命令第2條規則)

(1) 如法官表示如有上訴法官的紀錄將會足夠，則無須為上訴目的而謄寫證據的速記紀錄。

(2) 如各方同意，或法官認為任何證人的證據或其證據的某部分，如有上訴亦不會對上訴法庭

有所幫助，則無須為上訴目的而謄寫該等證據的速記紀錄。

(3) 如任何一方需要任何前述證據的謄本，在任何情況下有關收費均須由該一方承擔。

第 4A 章 - 《高等法院規則》 246

(1998年第25號第2條)

3. 由公帑撥付的謄本費用：屬於例外的法律程序

(第68號命令第3條規則)

第4及5條規則，不適用於可根據《法律援助條例》(第91章)給予法律援助的法律程序中所錄取

的紀錄的謄本，不論曾否有根據該條例給予該等法律程序的任何一方法律援助。

4. 供上訴法庭使用的謄本的費用

(第68號命令第4條規則)

(1) 上訴人無須就根據本條規則發出的證明書所關乎的謄本繳付任何費用，但除前述者外，任

何供上訴法庭使用的謄本，費用初步須由上訴人繳付。

(2) 凡審訊或聆訊第1條規則所提述的法律程序的法官或上訴法庭信納該法律程序的上訴人，由

於經濟環境窮困而致謄本的費用對他會是過分的負擔，並如謄本是關於證據的謄本，亦信納上訴有

合理理由，則法官或上訴法庭(視屬何情況而定)可核證在該情況下，上述費用由公帑撥付是恰當

的。

(3) 申請根據本條規則發出證明書，初步須向法官提出；如申請遭拒准，則向上訴法庭提出的

申請(如有的話)，必須在該次拒准後7天內提出。

(4) 凡有申請向上訴法庭提出，要求根據本條規則發出證明書，則如上訴法庭認為為了就申請

作裁定，該法院需要參閱關於總結詞及判決的謄本(不論是否連同關於證據的謄本)，上訴法庭可核

證將該兩份謄本或只將關於總結詞及判決的謄本(視屬何情況而定)提供予該法院使用而開支由公帑

撥付是恰當的。

(5) 根據任何根據第(4)款發出的證明書而提供予上訴法庭使用的謄本，除非是經上訴法庭指

示，否則不得交給上訴人。

(6) 凡法官或上訴法庭根據第(2)款核證上訴有合理理由，上訴人可獲免費提供該證明書所提述

的謄本的文本，其數量連同任何已根據一份根據第(4)款發出的證明書而免費提供的文本，總數計為

其本人有一份使用而上訴法庭有三份使用。

(7) 本條規則中凡提述上訴人之處，亦包括提述擬提出上訴的人。

(1998年第25號第2條)

5. 供窮困的答辯人使用的謄本的費用

(第68號命令第5條規則)

(1) 凡審訊或聆訊第1條規則所提述的法律程序的法官或上訴法庭，信納法律程序的上訴的答辯

人，由於經濟環境窮困而致為對抗該上訴而須取得任何謄本或其特定部分的費用，對他會是過分的

負擔，則法官或上訴法庭(視屬何情況而定)可核證在該情況下，該謄本或其特定部分(視屬何情況而

定)的費用由公帑撥付是恰當的，而凡有該證明書發出，答辯人即無須繳付該筆費用。 (1998年第

25號第2條)

(2) 第4(3)條規則適用於要求根據本條規則發出證明書的申請，一如其適用於要求根據該條規

則發出證明書的申請。

8. 以機械方法製作紀錄(第68號命令第8條規則)

第 4A 章 - 《高等法院規則》 247

在本命令中，凡提述任何法律程序的速記紀錄之處，均須解釋為包括提述一份以機械方法製作

的該等法律程序的紀錄。

8A. 定義(第68號命令第8A條規則)

在本命令中，“謄本”(transcript) 包括正式紀錄的謄本，以及法官的紀錄手稿的任何正式打

字謄本。 (1998年第25號第2條)

命令： 69 來自香港以外的國家或地方的法律程序文件的送達 L.N. 89 of 1999 30/03/1999

關於香港以外的國家或地方的法律程序的條文

(1999年第39號法律公告)

1. 定義(第69號命令第1條規則)

在本命令中─

“協約國”(a convention country) 指某外國，而就該國而言，已有一份民事訴訟程序公約存續，

以對原訟法庭的法律程序文件在該國境內的送達作出規定，亦包括是1965年11月15日在海牙簽

署的《在海外送達民事或商業事宜中的司法及非司法文件的公約》*成員國的任何國家；

(1998年第25號第2條)

“法律程序文件”(process) 包括傳喚書；

“法律程序文件送達人”(process server) 指根據第4條規則委任的法律程序文件送達人或其所授

權的代理人；

“訟費評定官”(taxing master) 指高等法院的任何訟費評定官。 (1998年第25號第2條)

2. 適用範圍(第69號命令第2條規則)

本命令適用於將任何與在某香港以外的國家或地方的法院或審裁機構進行的民事或商業法律程

序相關連的法律程序文件對一名在香港的人的送達，而在該事宜中，司法常務官接獲一份來自下者

的送達請求書─

(a) 政務司司長，而政務司司長在該份請求書中建議送達須予完成； (1997年第362號法

律公告)

(b) 如該法院或審裁機構是在某個協約國之內的，則為該國家的領事或其他權力機構；或

(1999年第39號法律公告)

3. 法律程序文件的送達(第69號命令第3條規則)

(1) 如請求書並非以香港的其中一種或兩種法定語文寫成，該請求書須附同其以香港的其中一

種法定語文翻譯而成的譯本一份及法律程序文件的文本兩份，又除非香港以外的國家或地方的法院

或審裁機構核證須予送達的人懂得法律程序文件所用的語文，否則請求書並須附同法律程序文件的

譯本兩份。 (1999年第39號法律公告)

(2) 除第(3)及(5)款以及任何對向法人團體送達文件的方式作出規定的成文法則另有規定外，

送達法律程序文件的方式，為由法律程序文件送達人將法律程序文件的文本一份及其譯本或證明書

一份(視屬何情況而定)留交須予送達的人。

第 4A 章 - 《高等法院規則》 248

(3) 第10號命令第1(2)(b)條規則的關於以投入信箱方式作送達的規定，適用於來自香港以外的

國家或地方的法律程序文件的送達，一如其適用於令狀的送達，但該項送達可以誓章證明，或以採

用司法常務官所指示的格式的證明書或報告證明。 (1999年第39號法律公告)

(4) 法律程序文件送達人，須將法律程序文件的文本一份，連同證明已將法律程序文件妥為送

達或述明不能完成送達的理由(視屬何情況而定)的誓章、證明書或報告一份，送交司法常務官，並

須在法庭有此指示時，指明完成或企圖完成送達所招致的費用。

(5) 第65號命令第4條規則(替代送達)適用於來自香港以外的國家或地方的法律程序文件的送

達，一如其適用於令狀的送達，但司法常務官可基於法律程序文件送達人的誓章、證明書或報告，

作出來自香港以外的國家或地方的法律程序文件的替代送達命令，而無須任何人就此向他提出申

請。 (1999年第39號法律公告)

(6) 司法常務官須將證明書，連同有關法律程序文件的文本一份，送交有關領事或其他權力機

構、中國內地的司法機構或政務司司長(視屬何情況而定)，該證明書須述明─ (1997年第362號法

律公告；1999年第39號法律公告)

(a) 完成送達的時間和方式或不能完成送達的理由(視屬何情況而定)；

(b) (如適用的話)經訟費評定官核證完成或企圖完成送達的費用款額。

(7) 根據第(6)款發出的證明書，須加蓋高等法院印章，以供在本司法管轄權範圍外使用。

(1998年第25號第2條)

4. 法律程序文件送達人的委任

(第69號命令第4條規則)

就本命令而言，法律程序文件送達人為總執達主任。

___________________________________________________________________________

註：

*“《在海外送達民事或商業事宜中的司法及非司法文件的公約》”乃“Convention on the Service Abroad of Judicial and Extra-Judicial Documents in Civil or Commercial

Matters”之譯名。

命令： 70 為外地法院取得證據等 L.N. 322 of 1998 25/09/1998

1. 釋義及司法管轄權的行使(第70號命令第1條規則)

(1) 在本命令中，“條例”(the Ordinance) 指《證據條例》(第8章)，而本命令所使用的語

句，如條例亦有使用，則其所具涵義與條例所具者相同。

(2) 原訟法庭根據條例第76條或經由條例第77B條引伸適用的條例第76條作出命令的權力，可由

司法常務官行使。 (1992年第403號法律公告；1998年第25號第2條)

2. 申請作出命令(第70號命令第2條規則)

(1) 除第3條規則另有規定外，要求根據條例作出命令的申請，必須單方面提出，並必須由誓章

支持。

(2) 提出申請所依據的請求書，須附於誓章作為證物，如請求書並非以英文寫成，則須附上其

英文譯本。

第 4A 章 - 《高等法院規則》 249

*3. 在某些情況下由國際法律專員提出申請

(第70號命令第3條規則)

凡─

(a) 政務司司長接獲請求書並將請求書送交司法常務官，表示應按請求書行事，而無須在

外地法院或審裁機構席前待決或預期進行的事宜的任何一方在香港的代理人就此提出

申請；或

(b) 司法常務官依據一份就在香港錄取任何人的證據以協助在外國的法院或審裁機構作出

規定的民事訴訟程序公約而接獲請求書，而請求書中並無指名將代表該一方就此提出

所需申請的人，

司法常務官須將請求書送交國際法律專員，國際法律專員可申請根據條例作出命令，並可採取其他

所需步驟，以按該份請求書行事。

(1997年第362號法律公告；1998年第322號法律公告)

4. 進行訊問的人及訊問的方式

(第70號命令第4條規則)

(1) 依據本命令作出的任何訊問證人命令，可命令訊問須在該命令的申請人所提名的任何適當

的人或法庭認為適合的其他具資格的人席前進行。

(2) 除第6條規則及依據本命令作出的任何訊問證人命令所載的特別指示另有規定外，訊問須以

第39號命令第5至10條及第11(1)至(3)條規則所規定的方式進行；並可根據第39號命令第14條規則作

出命令支付須付給訊問員的費用及開支的命令，而該等規則在加以任何必要的變通後須據此適用。

(3) 依據本命令作出的任何訊問證人命令，須准許符合以下條件的人盤問該證人─

(a) 獲訊問員批准進行盤問的人；並且

(b) 是受上述訊問影響的人或是該人的法律代表。 (1997年第87號第36條)

5. 書面供詞的處理(第70號命令第5條規則)

除非依據本命令作出的任何訊問證人命令另有指示，否則訊問是在其席前進行的訊問員，必須

將證人的書面供詞送交司法常務官，而司法常務官則須─

(a) 發出一份經加蓋法院印章供在本司法管轄權範圍外使用的證明書，以識別其所附錄的

文件，即有關的請求書、法庭作出的訊問命令及依據該命令錄取的書面供詞；及

(b) 將該份證明書連同其所附錄的文件送交政務司司長，或凡請求書是由某人按照一份民

事訴訟程序公約送交司法常務官者，則將之送交該人，以傳送給要求作出訊問的在本

司法管轄權範圍外的法院或審裁機構。 (1997年第362號法律公告)

6. 要求獲得特權(第70號命令第6條規則)

(1) 凡有證人要求基於條例第77(1)(b)條所指明的理由而獲豁免提供證據，而要求如該條第(2)

款所述般不獲支持或接受，本條規則的條文即具效力。

(2) 訊問員如認為適合，可要求該證人提供該要求所關乎的證據，而如訊問員不如此行事，則

法庭可應取得根據第76條作出的命令的人的單方面申請而如此行事。

(3) 如有錄取上述證據─

第 4A 章 - 《高等法院規則》 250

(a) 證據必須載於一份與該證人的書面供詞的其餘部分分開的文件；

(b) 訊問員須將一份由其本人簽署的列出該要求及作出該要求所據理由的陳述書，連同書

面供詞送交司法常務官；

該要求所關部分的文件予以保留，並須將陳述書及請求就該要求作裁定的請求書連同

第5條規則所述的文件，送交有關的外地法院或審裁機構；

(d) 如有關的外地法院或審裁機構拒絕該要求，司法常務官須將載有該證人的證據之中該

要求所關部分的文件，送交該法院或審裁機構，但如該要求獲得批准，則他須將該文

件送交該證人，並在上述兩者的任何一種情況下，均須將該法院或審裁機構的裁定，

通知該證人及取得根據第76條作出的命令的人。

___________________________________________________________________________

註：

* 請參閱載於1998年第322號法律公告第2條的過渡性條文。

命令： 71 外地判決的交互強制執行* L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

2. 登記的申請(第71號命令第2條規則)

(1) 根據《外地判決(交互強制執行)條例》(第319章)(在本命令中稱為“條例”)第4條，可單

方面申請將條例所適用的某判決在法院登記，但法院可指示須發出傳票。 (見附錄A表格63)

(2) 如法院指示須發出傳票，則傳票須為原訴傳票。

(3) 根據本條規則發出的原訴傳票，須採用附錄A表格10的格式。

3. 支持申請的證據(第71號命令第3條規則)

(1) 要求登記的申請必須由誓章支持，而誓章須─

(a) 附有判決或其經核實或核證或以其他方式妥為認證的文本作為證物，而凡判決並非以

英文作出，則亦須附有經公證人核證或經誓章認證的判決英文譯本作為證物；

(b) 分別述明據宣誓人所知，判定債權人及判定債務人的姓名或名稱、行業或業務及經常

或最後為人所知的居住或營業地點；

(i) 判定債權人有權強制執行判決；

(ii)(視乎情況所需而定)在申請當日，判決是未予履行或判決之中尚未清償的款額；

(iv)在申請當日，判決是可在原審法庭所在的國家藉執行程序強制執行的，以及假設

判決已作登記，則登記亦不會或不可根據條例第6條而予以作廢；

(d) 指明截至登記之時，根據原審法庭所在的國家的法律，根據判決而到期須予支付的利

息(如有的話)款額。

(2) 凡所尋求登記的判決是與不同事宜有關，而該判決的部分(但非全部)規定是假若該等規定

是載於不同判決內該等判決本可正當地作登記的，則有關誓章必須述明該判決之中就之而尋求登記

判決的該等規定。

(3) 誓章必須附有關於下述事宜的其他證據，即可否將判決在原審法庭所在的國家藉執行程序

強制執行，以及在判決之下已有利息到期須予支付所根據的該國家的法律，而該等證據是經顧及將

條例引伸適用於該國家的樞密院頒令的規定而有所需要的。

第 4A 章 - 《高等法院規則》 251

4. 訟費的保證(第71號命令第4條規則)

除任何有關的樞密院頒令另有規定外，法院可命令判定債權人就登記申請及任何可能會提出以

將登記作廢的法律程序的訟費，提供保證。

5. 登記的命令(第71號命令第5條規則)

(1) 給予許可登記判決的命令，必須由判定債權人草擬，或由他人代判定債權人草擬。

(2) 除非命令是應傳票而作出，否則命令無須向判定債務人送達。

(3) 每一項該等命令均須述明可提出將登記作廢的申請的期限，並須載有一項通知，說明在期

限屆滿之前，法院不會發出執行程序文件以執行有關判決。

(4) 法院可在任何一方仍具有能力提出將登記作廢的申請的期間內，應在任何時間提出的申請

而延展可提出將登記作廢的申請的期限(不論是原來所定或其後經延展者)。

6. 判決登記冊(第71號命令第6條規則)

(1) 載有被命令須根據條例予以登記的判決的登記冊，須根據司法常務官的指示而備存於登記

處。

(2) 每一份登記冊須包括有發出任何執行程序文件以執行任何被命令須予如此登記的命令的詳

情。

7. 登記通知書(第71號命令第7條規則)

(1) 判決的登記通知書，必須以當面交付判定債務人或按判定債務人的通常或最後為人所知的

居住或營業地點送交判定債務人或法院所指示的其他方式，送達判定債務人。

(2) 在本司法管轄權範圍外送達上述通知書，是無須許可而容許的，而第11號命令第5、6及8條

規則適用於該通知書，一如其適用於令狀通知書。

(3) 登記通知書必須述明─

(a) 已登記的判決及有關的登記命令的所有詳情，

(b) 判定債權人或其律師或代理人的姓名或名稱及地址，以將判定債務人所發出的任何傳

票送達該人及在該地址送達，

(d) 可申請將登記作廢的期限。

9. 要求將登記作廢的申請(第71號命令第9條規則)

(1) 申請將判決的登記作廢，必須藉由誓章支持的傳票提出。

(2) 聆訊申請的法庭，可命令對判定債權人與判定債務人之間的任何爭論點以任何方式進行審

訊，但方式是以可命令對一宗訴訟中的爭論點進行審訊的方式為限。

(香港)(3) 法庭可主動或應判定債權人所提出的申請，並在經顧及有關案件的所有情況而認為如此

行事屬於公正的情況下，施加其認為適合的關於提供保證或其他方面的條款，作為根據本條規則繼

續進行申請的條件。 (1995年第127號法律公告)

10. 發出執行程序文件(第71號命令第10條規則)

第 4A 章 - 《高等法院規則》 252

(1) 在按照第5(3)條規則而在登記的命令中指明是可申請將登記作廢的期限屆滿之前，或如該

期限已獲法庭延展，則在該經如此延展的期限屆滿之前，不得發出執行程序文件以執行一項已根據

條例予以登記的判決。

(2) 如有要求將一項判決的登記作廢的申請提出，在申請未有最終裁定之前，不得發出執行程

序文件以執行該項判決。

(3) 任何希望發出執行程序文件以執行已根據條例予以登記的判決的一方，必須向司法常務官

交出一份關於送達該判決的登記通知書的誓章，以及法庭就該判決所作出的任何命令。

11. 對某些問題的裁定(第71號命令第11條規則)

如在任何根據條例而處理的案件中，出現關於可否在原審法庭所在的國家藉執行程序強制執行

一項外地判決的問題，或出現關於根據原審法庭的法律在一項外地判決下須予支付的利息多少的問

題，該問題須按照將條例引伸適用於該國家的樞密院頒令所載的就此作出的規定而予以裁定。

12. 規則在樞密院頒令的規限下具有效力

(第71號命令第12條規則)

前述規則對任何已根據條例或尋求根據條例予以登記的判決具有效力，但須受將條例引伸適用

於原審法庭所在的國家的樞密院頒令所載的任何下述規定規限，即該頒令所宣布的為使香港與該國

家之間訂立的協議實施於某些事宜而需要的規定，而就該等事宜是有權力訂立該等規則的。

13. 判決的經核證文本(第71號命令第13條規則)

(1) 根據條例第12條要求取得已在原訟法庭登錄的判決的經核證文本的申請，必須以誓章方式

單方面向司法常務官提出。

(3) 藉以提出根據條例第12條提出的申請的誓章，必須─

(a) 提供取得判決的法律程序的詳情；

(b) (由1994年第103號法律公告廢除)

(d) 表明判決不受任何擱置執行所規限；

(e) 述明上訴時限已經屆滿或上訴時限將屆滿的日期(視屬何情況而定)，並不論屬何情

況，均必須述明是否已有針對判決的上訴通知書登錄；及

(f) 述明判決帶有利息的利率。

(4) 判決的經核證文本，須為經加蓋高等法院印章的正式文本，並須註有由司法常務官簽署的

證明書，核證該文本是一項自香港原訟法庭取得的判決的真實文本，且是按照條例第12條發出的。

(5) 此外亦須發出一份附錄有藉以開展有關法律程序的令狀、原訴傳票或其他法律程序文件的

文本的證明書(由司法常務官簽署並經加蓋高等法院印章)，述明─

(a) 將令狀或傳票或其他法律程序文件送達被告人的方式或被告人已對該等文件作送達認

收 (2008年第152號法律公告)，

(b) 曾對本司法管轄權提出的反對(如有的話)，

(d) 判決所依據的理由，

(e) 上訴時限已經屆滿或上訴時限將屆滿的日期(視屬何情況而定)，

第 4A 章 - 《高等法院規則》 253

(f) 是否已有針對判決的上訴通知書登錄，及

(g) 為要取得判決的執行而需要向有關的在外國的法庭提供的其他詳情，

以及一份述明判決帶有利息的利率的證明書(已如前所述般簽署及加蓋印章)。

(1998年第25號第2條)

根據《商船(班輪公會)條例》(第482章)

(2008年第152號法律公告)

對建議等作強制執行

41. 登記的申請(第71號命令第41條規則)

根據《商船(班輪公會)條例》(第482章)(在本命令中稱為“《班輪公會條例》”)第10條提出的

將建議、裁定或裁決登記的申請，須藉採用附錄A表格10格式的原訴傳票提出。

(2008年第152號法律公告)

42. 支持申請的證據(第71號命令第42條規則)

(1) 根據《班輪公會條例》第10條提出的將一項建議登記的申請，必須由誓章支持，誓章須─

(2008年第152號法律公告)

(a) 附有該項建議及其理由以及和解紀錄的經核實或核證或以其他方式妥為認證的文本作

為證物；

(b) 凡該項建議及原因或和解紀錄或建議的接受書並非以英文寫成，則須附有經公證人核

證或經誓章認證的英文譯本作為證物；

作為證物，或以其他方式核實該項接受；

(d) 提供未能實行該項建議的詳情；及

(e) 核實根據《班輪公會條例》第10(2)條使該項建議不能強制執行的理由概不適用。

(2008年第152號法律公告)

(2) 根據《班輪公會條例》第10條申請將關於訟費的裁定或裁決登記，申請必須由誓章支持，

誓章須─ (2008年第152號法律公告)

(a) 附有該項建議或其他載有關於訟費的宣告的文件的經核實或核證或以其他方式妥為認

證的文本；及

(b) 述明該等訟費尚未支付。

43. 登記的命令(第71號命令第43條規則)

(1) 給予許可將建議、裁定或裁決根據《班輪公會條例》第10條登記的命令，必須由申請登記

的一方草擬，或由他人代該一方草擬。 (2008年第152號法律公告)

(2) 命令須載有一項規定須對登記的合理訟費作評定的條文。

44. 建議等的登記冊(第71號命令第44條規則)

(1) 載有被命令須根據《班輪公會條例》第10條予以登記的建議、裁定及裁決的登記冊，須根

第 4A 章 - 《高等法院規則》 254

據司法常務官的指示而備存於登記處。 (2008年第152號法律公告)

(2) 該登記冊須包括有已如此登記的建議、裁定或裁決的強制執行的詳情。

___________________________________________________________________________

註：

* (由2008年第9號第27條修訂)

命令： 71A 內地判決的交互強制執行 L.N. 195 of 2008 01/08/2008

1. 釋義(第71A號命令第1條規則)

在本命令中—

“已登記判決”(registered judgment)、“內地”(Mainland)、“內地判決”(Mainland

judgment)、“判定債務人”(judgment debtor)、“判定債權人”(judgment creditor)、“原

審法院”(original court) 及“選用內地法院協議”(choice of Mainland court agreement)

具有《條例》第2條給予該等詞語的涵義；

“《條例》”(the Ordinance) 指《內地判決(交互強制執行)條例》(第597章)。

2. 登記申請(第71A號命令第2條規則)

(1) 根據《條例》第5(1)條要求將內地判決在法院登記的申請可單方面提出，但法院可指示須

發出傳票。

(2) 如法院指示須發出傳票，則傳票須為原訴傳票。

(3) 根據本條規則發出的原訴傳票，須符合附錄A表格10的格式。

3. 支持登記內地判決的申請的證據

(第71A號命令第3條規則)

(1) 要求登記內地判決的申請須有誓章支持，而誓章須—

(a) 附有以下文件作為證物—

(i) 經原審法院妥為蓋章的有關內地判決文本；

(ii)有關的選用內地法院協議的正本或其經核實或核證或以其他方式妥為認證的文

本；

(iii) 由原審法院發出的證明該判決在內地是最終並且是可以在內地執行的判決的

證明書；及

(iv)(如有關的判定債權人是一個團體)為施行本節而在第(2)款指明的文件；

(b) 述明據宣誓人所知，判定債權人及判定債務人各別的姓名或名稱、行業或業務及經常

或最後為人所知的居住或營業地點；

(i) 在申請當日，該判決是可以在內地執行的；

(ii)判定債權人有權強制執行該判決；

(iii) 有否在內地採取任何行動以執行該判決，如有的話，執行的詳情；

(iv)(視乎情況所需而定)在申請當日該判決是未予履行或在該日尚未就該判決清償的

款額；及

(v) (如判決獲登記)登記不會或不可根據《條例》第18或19條作廢；

(d) 指明截至登記時，在內地法律下根據該判決而到期須支付的利息(如有的話)款額，以

第 4A 章 - 《高等法院規則》 255

及經原審法院就該判決妥為核證的費用。

(2) 為施行第(1)(a)(iv)款而指明的文件如下─

(a) 如判定債權人為根據香港法律成立、組成或設立的團體，其公司註冊證書或相類文件

的經核實或核證或以其他方式妥為認證的副本；

(b) 如判定債權人為根據香港以外任何地方的法律成立、組成或設立的團體，其以下文件

的經核實或核證或以其他方式妥為認證的副本︰述明該團體的成立、組成或設立是按

照該團體如此成立、組成或設立所在地方的法律行事的文件。

(3) 凡尋求登記的內地判決是關乎不同事宜的，而該判決的部分(但非全部)條文假使是載於分

開的內地判決(屬根據《條例》第5(1)條提出的登記申請的標的者)內，便會符合《條例》第5(2)(a)

至(e)條指明的規定，則有關誓章須述明尋求登記該判決所涉及的條文。

(4) 誓章須附有關於下述事宜的任何證據︰有關內地判決可否執行，以及有利息據以在該判決

之下到期須予支付的內地法律。

4. 訟費的保證(第71A號命令第4條規則)

法院可命令判定債權人就登記內地判決的申請的訟費及可能會提出的要求將登記作廢的法律程

序的訟費，提供保證。

5. 登記的命令(第71A號命令第5條規則)

(1) 登記內地判決的命令，須由判定債權人草擬，或由他人代判定債權人草擬，而如此草擬的

命令須—

(a) 述明提出將登記作廢的申請的限期；及

(b) 載有一項通知，說明在限期屆滿之前，不會發出執行程序文件以執行有關判決。

(2) 除非命令是應傳票而作出，否則如此草擬的命令無須向判定債務人送達。

6. 內地判決登記冊(第71A號命令第6條規則)

(1) 司法常務官須在登記處備存被命令根據《條例》登記的內地判決的登記冊。

(2) 登記冊須載有就有關內地判決而發出任何執行程序文件的詳情。

7. 登記通知(第71A號命令第7條規則)

(1) 判定債權人須將內地判決的登記通知當面交付判定債務人，或按判定債務人的通常或最後

為人所知的居住或營業地點送交判定債務人，或以法院所指示的其他方式送交判定債務人。

(2) 在本司法管轄權範圍外送達上述通知，是無須許可而容許的，而第11號命令第5A及8A條規

則適用於該通知，一如它們適用於令狀。

(3) 登記通知須列明—

(a) 已登記判決及有關的登記命令的所有詳情；

(b) 判定債權人或其律師或代理人(判定債務人發出的傳票可向其送達者)的姓名或名稱及

地址(判定債務人發出的傳票可在該處送達者)；

(d) 提出申請將登記作廢的限期。

第 4A 章 - 《高等法院規則》 256

8. 要求將登記作廢的申請(第71A號命令第8條規則)

(1) 申請將已登記判決的登記作廢，須藉有誓章支持的傳票提出。

(2) 聆訊上述申請的法庭，可命令以一宗訴訟中的爭論點可以被命令審理的審理方式，審理判

定債權人與判定債務人之間的任何爭論點。

(3) 法庭可主動或應判定債權人提出的申請，並在經顧及有關案件的整體情況後認為如此行事

屬公正的情況下，施加它認為合適的關於提供保證或其他方面的條款，作為根據本條規則繼續進行

申請的條件。

9. 發出執行程序文件(第71A號命令第9條規則)

任何希望發出執行程序文件以執行已登記判決的一方，須向司法常務官交出一份關於送達該判

決的登記通知的誓章，以及法庭就該判決所作出的任何命令。

10. 申請登記部分內地判決(第71A號命令第10條規則)

如有根據《條例》第5(1)條提出的將某內地判決的任何部分登記的申請，則—

(a) 第2條規則適用於該申請；

(b) 除文意另有所指外，在本命令中提述內地判決(不論如何描述)須解釋為提述該內地判

決的該部分；及

11. 支持登記內地判決的某部分的申請的

證據(第71A號命令第11條規則)

(1) 除第(2)款另有規定外，如有根據《條例》第5(1)條提出的將某內地判決的任何部分登記的

申請，則除第3(1)條規則指明的資料外，被提交以支持該申請的誓章亦須盡宣誓人所知或所信述

明，根據該判決的該部分飭令繳付的一筆款項已到期須繳付。

(2) 凡─

(a) 法庭根據《條例》第5(2)條命令將某內地判決的某部分登記；而

(b) 該登記沒有根據《條例》第18或19條作廢，

則儘管有第3條規則的規定，任何其後根據《條例》第5(1)條提出的將該判決的任何其他部分登記的

申請，須以為施行本款而在第(3)款指明的誓章支持。

(3) 為施行第(2)款而指明的誓章須─

(a) 引述有關的內地判決；

(b) 盡宣誓人所知或所信述明─

(i) 根據該判決的有關部分(即有關申請尋求登記者)飭令繳付的一筆款項已到期須繳

付；及

(ii)任何攸關該申請的其他資料；及

的副本。

(2008年第9號第27條)

第 4A 章 - 《高等法院規則》 257

命令： 71B 終審法院及高等法院作出的判決的經核證文本 L.N. 195 of 2008 01/08/2008

1. 釋義(第71B號命令第1條規則)

在本命令中—

“內地”(Mainland) 具有《條例》第2條給予該詞的涵義；

“判決”(judgment) 包括在民事或商業事宜中作出的任何判決、命令及訟費評定證明書；

“《條例》”(the Ordinance) 指《內地判決(交互強制執行)條例》(第597章)；

“選用香港法院協議”(choice of Hong Kong court agreement) 具有《條例》第2條給予該詞的涵

義。

2. 判決的經核證文本(第71B號命令第2條規則)

(1) 根據《條例》第21條要求取得已在終審法院或高等法院作出的判決的經核證文本的申請，

須以誓章方式單方面向司法常務官提出。

(2) 誓章須—

(a) 附有有關的選用香港法院協議的正本或其經核實或核證或以其他方式妥為認證的文

本；

(b) 提供取得有關判決的法律程序的詳情；

(d) 述明被告人有否反對受本司法管轄權管轄，如有反對，則亦須述明其理由為何；

(e) 述明有否在香港採取任何行動以強制執行有關判決，如有的話，則亦須述明該等強制

執行的詳情；

(f) 表明有關判決不受任何擱置執行所規限；

(g) 述明上訴時限已經屆滿或上訴時限將於何日屆滿(視屬何情況而定)，而不論屬何情

況，均須述明是否已有針對有關判決的上訴通知書登錄；及

(h) 述明有關判決衍生利息的利率。

(3) 判決的經核證文本，須為經加蓋高等法院印章的正式文本，並須註有由司法常務官簽署的

證明，證明該文本是一項向終審法院或高等法院(視屬何情況而定)取得的判決的真實文本，且是按

照《條例》第21條發出的。

(4) 高等法院根據《條例》第21(3)條發出的證明書，須附有藉以開展有關法律程序的令狀、原

訴傳票或其他法律程序文件的文本，以及附有理由的判決(如有的話)的文本，並須述明—

(a) 已送達的狀書(如有的話)；

(b) 將該令狀或傳票或其他法律程序文件送達被告人的方式，或述明被告人已對該令狀或

傳票或其他法律程序文件作認收送達；

(d) 曾對本司法管轄權提出的反對(如有的話)；

(e) 有關判決的生效日期；

(f) 有否在香港採取任何行動以強制執行有關判決，如有的話，則亦須述明該等強制執行

的詳情；

(g) 上訴時限已經屆滿或上訴時限將於何日屆滿(視屬何情況而定)；

(h) 是否已有針對有關判決的上訴通知書登錄；

(i) 有關判決衍生利息的利率；及

(j) (凡尋求在某內地法院取得有關判決的執行)需要向該內地法院提供的其他詳情。

(5) 有關的證明書須由司法常務官簽署並經加蓋高等法院印章。

第 4A 章 - 《高等法院規則》 258

(2008年第9號第27條)

命令： 72 (香港)特定法律程序 L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

關於特定法律程序的特別條文

1. 適用範圍及釋義(第72號命令第1條規則)

(1) 本命令適用於特定法律程序，而本規則的其他條文在本命令的條文的規限下適用於該等訴

訟。

(2) 在本命令中，“特定法律程序”(particular proceedings) 指終審法院首席法官已為其作

出分類審訊編排規定的法律程序。 (1998年第25號第2條)

2. 各類審訊表(第72號命令第2條規則)

(1) 訴訟及其他法律程序，可按照本命令的條文而編入各類審訊表，而每一類審訊表須由一名

法官主理。

(2) 在本命令中，凡提述法官之處，須解釋為提述當其時主理某特定審訊表的法官。

(3) 法官對在其特定審訊表上的法律程序有控制權，而除本命令的條文及法官的任何指示另有

規定外，就有關訴訟的任何法律程序而言(包括來自司法常務官在有關訴訟或法律程序轉往有關審訊

表前作出的判決、命令或決定的上訴)，一名法官在內庭的權力(包括可由司法常務官行使的權力)，

可由法官行使。

(4) 第(3)款不得解釋為阻止其他法官行使法官的權力。

(1998年第25號第2條)

4. 訴訟開展時將訴訟編入特定審訊表

(第72號命令第4條規則)

(1) 在藉以開展特定法律程序的令狀或原訴傳票由登記處發出之前，其左上角可標上文字，以

識別有關的審訊表，而如此標識的令狀或傳票一經發出，即須將藉其而開展的訴訟編入該審訊表。

(2) 如原告人擬從登記處發出藉以開展特定法律程序的令狀或原訴傳票，並擬按照第(1)款將其

標識，而令狀或原訴傳票(視屬何情況而定)會在本司法管轄權範圍外送達，則可向法官申請許可發

出該令狀或傳票並在本司法管轄權範圍外將其送達。

(3) 支持憑藉第(2)款向法官提出的申請的誓章，除須述明第11號命令第4(1)條規則所規定須述

明的事宜外，亦必須述明原告人擬按照本條規則第(1)款將令狀或原訴傳票標識。

(4) 如聆訊憑藉第(2)款向他提出的申請的法官，認為訴訟不應編入有關審訊表，則可將申請押

後由司法常務官作聆訊。

(1998年第25號第2條)

5. 訴訟開展後將訴訟轉往特定審訊表

(第72號命令第5條規則)

(1) 在訴訟的法律程序的任何階段，訴訟的任何一方均可藉傳票向法官申請將訴訟轉往某特定

審訊表。

第 4A 章 - 《高等法院規則》 259

(3) 如在訴訟的法律程序的任何階段，法庭覺得訴訟適宜編入某特定審訊表作審訊，而任何一

方希望將訴訟轉往該審訊表，則法庭可將任何聆訊押後，以便該聆訊可在法官席前繼續進行，法官

並可將該聆訊視作將訴訟轉往該審訊表的傳票。

(1998年第25號第2條)

6. 將訴訟從特定審訊表上除去

(第72號命令第6條規則)

(1) 法官可主動或應任何一方的申請，命令將某特定審訊表上的一宗訴訟從該審訊表上除去。

(1998年第25號第2條)

(2) 凡一宗訴訟是憑藉第4條規則而被編入某特定審訊表，由被告人或第三方提出的要求根據本

條規則作出命令的申請，必須在發出擬抗辯通知書後7天內提出。

7. 特定法律程序的狀書(第72號命令第7條規則)

(1) 在某特定審訊表上的訴訟的狀書，可採用申索要點、抗辯要點、反申索要點、反申索的抗

辯要點或答覆要點(視屬何情況而定)的形式，並必須盡量簡短。

(2) 在不損害第18號命令第12(1)條規則的原則下，在經指定為商業案件審訊表的特定審訊表上

的訴訟中，不得申請或命令提供任何詳情，但如該等詳情對使提出申請的一方獲知他所須應付的案

屬於必要，或基於其他原因對確保有關的法律程序中的任何有爭論的問題得到公正、迅速及合乎經

濟原則的處置屬於必要，則屬例外。

(3) 前述條文不影響法官命令在某特定審訊表上的訴訟須在沒有狀書或沒有進一步狀書(視屬何

情況而定)的情況下進行審訊的權力。 (1998年第25號第2條)

8. 在特定法律程序中的指示(第72號命令第8條規則)

(1) 儘管第25號命令第1(1B)(b)條規則已有規定，特定法律程序的任何一方仍可在狀書的提交

期被當作結束前取得案件管理傳票。

(2) 凡有要求將訴訟轉往某特定審訊表的申請提出，第25號命令第2至7條規則，在略去第7(1)

條規則中規定各方須將一份指明其所要求的命令及指示的通知書送達的字句並加以任何其他必要的

變通後，須得適用，猶如該申請為案件管理傳票一樣。

(2008年第152號法律公告)

9. (由1995年第13號第20條廢除)

10. 在海上保險訴訟中須交出某些文件

(第72號命令第10條規則)

(1) 凡在某特定審訊表上的一宗關於海上保險保單的訴訟中，保險人申請根據第24號命令第3條

規則作出命令，如法庭信納案件情況令如此行事有需要或合宜，則在不損害法庭根據該條規則具有

的權力的原則下，可作出採用附錄A表格94或其認為適合的其他格式的命令，命令交出命令所指明或

描述的文件。

(2) 根據本條規則作出的命令，可在法庭施加其認為適合的關於擱置有關訴訟的法律程序或其

他方面的條款(如有的話)下作出。

第 4A 章 - 《高等法院規則》 260

(3) 在本條規則中，“法庭”(the Court) 指法官。 (1998年第25號第2條)

命令： 73 仲裁程序 L.N. 153 of 2013 16/12/2013

1. 根據《仲裁條例》提出的申請

(第73號命令第1條規則)

除本命令的以下規則另有規定外，根據《仲裁條例》(第609章)向法庭提出的申請、請求或上

訴，必須藉採用附錄A表格10格式的原訴傳票，向在法庭的單一名法官提出。

(2010年第17號第112條)

2. 在待決的訴訟中的申請

(第73號命令第2條規則)

如有關的訴訟仍屬待決，第1條規則所適用的申請、請求或上訴，必須藉在該宗訴訟中發出的傳

票提出。

(2010年第17號第112條)

3. 關於《仲裁條例》所指的法律程序的申請

(第73號命令第3條規則)

關於《仲裁條例》(第609章)第16條所提述的法律程序的申請，必須向內庭的法官提出。

(2010年第17號第112條)

4. 與在香港以外地方進行的仲裁程序有關的

臨時措施或其他命令的申請

(第73號命令第4條規則)

如有人根據《仲裁條例》(第609章)第45(2)條，申請與任何在香港以外地方進行的仲裁程序有

關的臨時措施，或根據該條例第60(1)條，申請與任何在香港以外地方進行的仲裁程序有關的命令，

第29號命令第1、2、3、4、7(1)、7A及8條規則，經任何必要的變通後，適用於該申請，猶如其適用

於高等法院的訴訟或法律程序中的非正審濟助的申請一樣。

(2010年第17號第112條)

5. 根據《仲裁條例》提出的某些申

請的時限及其他特別條文

(第73號命令第5條規則)

(1) 以仲裁裁決的嚴重不當為理由而根據《仲裁條例》(第609章)附表2第4條提出的質疑該裁決

的申請，必須於該裁決發送後的30天內提出，而原訴傳票或傳票必須於該裁決發送後的30天內送

達。

(2) 尋求針對仲裁裁決所產生的法律問題而根據《仲裁條例》(第609章)附表2第6條提出上訴的

許可的申請，必須於該裁決發送後的30天內提出，而原訴傳票或傳票必須於該裁決發送後的30天內

送達，如仲裁庭根據該條例第69條，對該裁決作出改正或解釋，則該30天的限期，須由所作出的改

正或所給予的解釋發送之日起計。

第 4A 章 - 《高等法院規則》 261

(3) 根據《仲裁條例》(第609章)附表2第3條提出的、要求對在仲裁程序的過程中產生的法律問

題作出決定的申請，必須於仲裁庭給予對提出申請的書面許可後的30天內提出，或在仲裁程序的所

有其他各方已書面同意提出申請後的30天內提出，而原訴傳票或傳票必須於仲裁庭給予該許可後的

30天內或該項同意後的30天內送達。

(4) 就第(1)、(2)或(3)款所適用的申請或根據《仲裁條例》(第609章)第81條提出的要求撤銷

仲裁裁決的申請而言—

(a) 有關的原訴傳票或傳票必須述明申請的理由；及

(b) 如申請—

(i) 是以藉誓章提出的證據為依據，每一份擬如此使用的誓章的文本，均必須連同該

原訴傳票或傳票送達；或

(ii)是經仲裁庭許可或仲裁程序的所有其他各方同意而提出，每一份許可或書面同意

的文本，均必須連同該原訴傳票或傳票送達。

(5) 就—

(a) 第(1)款適用的申請而言；

(b) 根據《仲裁條例》(第609章)第26(1)條提出的、要求法庭就對仲裁員或公斷人提出的

質疑作出決定的請求而言，或根據該條例第27條提出的、要求法庭就終止仲裁員或公

斷人的任命作出決定的請求而言；

請而言，或根據該條例第62條提出的、要求法庭就該仲裁員或公斷人無權收取其收費

或開支或須退還其收費或開支作出決定的申請而言；

(d) 根據該條例第72(2)條提出的、要求延長作出裁決的時限的申請而言；

(e) 根據該條例第81條提出的、要求撤銷仲裁裁決的申請而言；或

(f) 根據該條例附表2第5、6或7條就仲裁裁決所產生的法律問題而提出的上訴或提出的要

求上訴許可申請而言，

原訴傳票或傳票必須送達有關的仲裁員或公斷人、仲裁庭及仲裁程序中的所有其他各方。

(6) 根據《仲裁條例》(第609章)附表2第5條就仲裁裁決所產生的法律問題而提出的上訴，如需

要許可，可包括在上訴許可申請內。

(2010年第17號第112條)

6. 申請、請求及上訴須編入建築

及仲裁案件審訊表作聆訊

(第73號命令第6條規則)

(1) 第1或3條規則規定須向一名法官提出的申請、請求或上訴，必須編入建築及仲裁案件審訊

表，但如主理該審訊表的法官另有指示，則作別論。

(2) 第(1)款不得解釋為阻止任何一名原訟法庭法官行使主理建築及仲裁案件審訊表的法官的權

力。

(2010年第17號第112條)

7. 在本司法管轄權範圍外送達原訴傳票、

傳票或命令(第73號命令第7條規則)

(1) 除第(2)及(3)款另有規定外，在本司法管轄權範圍外送達—

(a) 根據本命令發出的任何原訴傳票或傳票；或

第 4A 章 - 《高等法院規則》 262

(b) 就該原訴傳票或傳票作出的任何命令，

在法庭許可下是容許的，但前提是該原訴傳票、傳票或命令所關乎的仲裁，是受香港法律管限，或

是曾經、正在或將會在本司法管轄權範圍內進行的。

(2) 在本司法管轄權範圍外送達藉以要求許可強制執行一項裁決的申請的原訴傳票或傳票，在

法庭許可下是容許的，不論該項仲裁是否受香港法律管限。

(3) 在本司法管轄權範圍外送達藉以要求根據《仲裁條例》(第609章)第45(2)條批給臨時措施

的申請(或要求根據該條例第60(1)條作出命令的申請)的原訴傳票或傳票，在法庭許可下是容許的。

(4) 要求根據本條規則批予許可的申請，必須以述明以下事項的誓章支持—

(a) 提出申請的理由；及

(b) 屬送達對象的人是身在何地，或頗有可能會於何地尋獲。

(5) 除非有足夠的證明，使法庭覺得就有關案件而言，根據本條規則在本司法管轄權範圍外作

送達是恰當的，否則法庭不可根據本條規則批予許可。

(6) 第11號命令第5、5A、6、7、7A、8及8A條規則就第(1)款所提述的任何原訴傳票、傳票或命

令而適用，一如其就令狀而適用。

(2010年第17號第112條)

8-9.(由2010年第17號第112條廢除)

10. 根據《仲裁條例》強制執行和解協議、裁決、命令、指示或緊急濟助

(第73號命令第10條規則)

(2010年第17號第112條；2013年第7號第22條)

(1) 申請許可─

(香港)(a) 根據被《仲裁條例》(第609章)(“《仲裁條例》”)廢除的《仲裁條例》(第341

章)(“《舊有條例》”)第2C條，以與強制執行判決、命令或指示相同的方式，強制執

行在《仲裁條例》生效*前訂立的和解協議； (2010年第17號第112條)

(b) 根據《舊有條例》第2GG條，以與強制執行判決、命令或指示相同的方式，強制執行仲

裁庭在《仲裁條例》生效前作出或給予的裁決、命令或指示； (1990年第363號法律

公告；2000年第2號第15條)

(ba) 根據《仲裁條例》第22B(1)條，以與強制執行判決、命令或指示相同的方式，強

制執行任何緊急濟助； (2013年第7號第22條)

仲裁庭的命令或指示(包括臨時措施)；或 (2010年第17號第112條)

(d) 根據《仲裁條例》第84(1)條，以與強制執行判決、命令或指示相同的方式，強制執行

仲裁裁決，或按該條例第87(1)(b)、92(1)(b)或98A(1)(b)條的規定而按照該條例第84

條，以與強制執行判決、命令或指示相同的方式，強制執行仲裁裁決， (2010年第17

號第112條；2013年第7號第22條)

可單方面提出，但聆訊該申請的法庭可指示須發出傳票。 (2013年第7號第22條)

(2) 如法庭指示須發出傳票，則傳票可為採用附錄A表格10格式的原訴傳票。 (2008年第152號

法律公告)

(3) 申請許可必須由誓章支持，誓章須─

(a) 附有以下文件作為證物─

(i) (如申請是根據《舊有條例》第2C條提出)仲裁協議(或其複本)及和解協議的正本

(或其複本)； (2010年第17號第112條)

第 4A 章 - 《高等法院規則》 263

(ii)(如申請是根據《舊有條例》第2GG條提出)仲裁協議( 或其複本)及裁決、命令或

指示的正本(或其複本)； (2010年第17號第112條)

(iiaa) (如申請是根據《仲裁條例》第22B(1)條提出)仲裁協議(或其複本)及批給緊

急濟助的文書正本(或其複本)； (2013年第7號第22條)

(iia) (如申請是根據《仲裁條例》第61(1)條提出)仲裁協議(或其複本)及命令或指

示的正本(或其複本)； (2010年第17號第112條)

(iii) (如申請是根據《仲裁條例》第84(1)條提出)除第(iv)、(v)及(vi)節另有規

定外，根據該條例第85條規定交出的文件； (2010年第17號第112條)

(iv)(如申請是按《仲裁條例》第87(1)(b)條的規定而按照該條例第84條提出)根據該

條例第88條規定交出的文件； (2010年第17號第112條)

(v) (如申請是按《仲裁條例》第92(1)(b)條的規定而按照該條例第84條提出)根據該

條例第94條規定交出的文件； (2010年第17號第112條)

(vi)(如申請是按《仲裁條例》第98A(1)(b)條的規定而按照該條例第84條提出)根據該

條例第98C條規定交出的文件； (2013年第7號第22條)

(b) 分別述明申請人(下稱“債權人”)及所尋求強制執行和解協議、裁決、命令、指示或

緊急濟助所針對的人(下稱“債務人”)的姓名或名稱及其通常或最後為人所知的居住

或營業地點，

獲遵從的程度。 (2013年第7號第22條)

(4) 給予許可的命令，必須由債權人或其代表草擬並必須送達債務人，送達方式是將命令的文

本當面交付債務人，或按債務人的通常或最後為人所知的居住或營業地點送交債務人或按法庭所指

示的其他方式送達。

(5) 在本司法管轄權範圍外送達根據第(4)款作出的命令，是無須許可而容許的，而第11號命令

第5、5A、6、7、7A、8及8A條規則適用於該命令，一如其適用於令狀。

(6) 在根據第(4)款作出的命令送達後14天內或(如根據第(4)款作出的命令會在本司法管轄權範

圍外送達)法庭所定的另一期限內，債務人可申請將該命令作廢，而在該期限屆滿之前或

(如債務人在該期限內申請將根據第(4)款作出的命令作廢)在該申請獲最終處置之前，和解

協議、裁決、命令、指示或緊急濟助不得予以強制執行。 (2013年第7號第22條)

(香港)(6A) 根據第(6)款申請將根據第(4)款作出的命令作廢，必須藉由誓章支持的傳票提出，而

誓章必須與傳票同時送交存檔。 (1995年第127號法律公告)

(7) 送達債務人的根據第(4)款作出的命令的文本，須述明第(6)款的效力。

(8) 就任何法人團體而言，本條規則具有效力，猶如凡提述債權人或債務人的根據第(4)款作出

的居住或營業地點之處，均代以該法人團體的登記或主要地址一樣，然而，本條規則對任何就向法

人團體送達文件的方式作出規定的成文法則並無影響。

(2010年第17號第112條)

(香港)10A. 關於申請將根據第10(4)條規則作出的命令作廢的

其他條文(第73號命令第10A條規則)

(2010年第17號第112條)

(香港) 凡一名債務人已根據第10(6)條規則，申請將根據第10(4)條規則作出的命令作廢，法

庭可主動或應有關債權人提出的申請，並在顧及案件的所有情況而認為如此行事屬於公正的情況

下，施加其認為適合的關於提供保證或其他方面的條款，作為繼續進行該申請的條件。

(1994年第167號法律公告；2010年第17號第112條)

第 4A 章 - 《高等法院規則》 264

11-18. (由2010年第17號第112條廢除)

19. 關乎《仲裁條例》的過渡性條文

(第73號命令第19條規則)

如在緊接《仲裁條例》(第609章)生效*前，根據在緊接該條例生效前有效的本命令，而藉原訴

動議、傳票或通知提出的申請、請求或上訴仍屬待決，則該申請、請求或上訴，須在猶如該條例並

未制定的情況下予以裁定。

(2010年第17號第112條)

___________________________________________________________________________

註：

* 生效日期：2011年6月1日。

命令： 74 (由1989年第343號法律公告廢除) 25 of 1998 01/07/1997

附註：

具追溯力的適應化修訂─見1998年第25號第2條

命令： 75 (香港)海事法律程序 L.N. 235 of 2009 22/01/2010

詳列交互參照：

1. 適用範圍及釋義(第75號命令第1條規則)

(1) 本命令適用於海事訟案及事宜，而在不抵觸本命令的條文下，本規則的其他條文適用於該

等訟案及事宜。 (見附錄B表格14)

(2) 在本命令中─

“局限法律責任的訴訟”(limitation action) 指船東或其他人根據1894至1984年《商船法令》**

#、《商船(油類污染的法律責任及補償)條例》(第414章)、《商船(限制船東責任)條例》(第

434章)或《燃油污染(法律責任及補償)條例》(第605章)就局限他們的與船舶或其他財產相關連

的法律責任的款額而提出的訴訟； (1990年第363號法律公告；2009年第14號第35條)

“知會備忘登記冊”(caveat book) 指備存於登記處登錄有根據本命令發出的知會備忘的登記冊；

“針對扣押的知會備忘”(caveat against arrest) 指根據第6條規則登錄於知會備忘登記冊的知會

備忘；

“針對發還及付款的知會備忘”(caveat against release and payment) 指根據第14條規則登錄於

知會備忘登記冊的知會備忘；

“船舶”(ship) 包括用於航行的任何類別的船隻；

“碰撞規例”(collision regulations) 指根據或當作根據《商船(安全)條例》(第369章)第93條訂

立的規例；

“對物訴訟”(action in rem) 指海事對物訴訟。

2A. 針對國際油污補償基金提出的法律程序

或與該基金有關的法律程序

第 4A 章 - 《高等法院規則》 265

(第75號命令第2A條規則)

(2) 為施行《商船(油類污染的法律責任及補償)條例》(第414章)第27(1)條，就該條例第6條所

指的法律責任而向船東或保證人提出的法律程序的任何一方，均可就該等法律程序向該基金發出通

知，方式是將書面通知連同已在有關訴訟中送達的令狀的文本及各狀書(如有的話)的文本一併送達

該基金。 (1990年第363號法律公告)

(3) 法庭須應該基金單方面提出的申請而批予該基金許可，以介入前款所適用的任何法律程

序，不論關於該等法律程序的通知書是否已送達該基金，而第17條規則第(3)及(4)款適用於該申

請。

(4) 在任何根據《商船(油類污染的法律責任及補償)條例》(第414章)第25條進行的法律程序

中，如有該基金敗訴的判決作出，司法常務官須安排將該判決的一份蓋印文本以郵遞方式送交該基

金。 (1990年第363號法律公告)

(5) 該基金須將《商船(油類污染的法律責任及補償)條例》(第414章)第25(11)(b)條所列出的

事宜通知司法常務官，方式是將書面通知以郵遞方式送交登記處，或將書面通知交付登記處。

(1990年第363號法律公告)

3. 令狀及送達認收書的發出(第75號命令第3條規則)

(1) 對物訴訟可藉令狀開展；而令狀必須採用附錄B表格1的格式。 (2008年第152號法律公告)

(2) 藉以開展海事對人訴訟的令狀必須採用附錄A表格1的格式。

(3) 藉以開展局限法律責任的訴訟的令狀必須採用附錄B表格2的格式。

(4) 除以下各款另有規定外，第6號命令第7條規則適用於藉以開展海事訴訟的令狀。

(5) 對物訴訟或局限法律責任的訴訟之中的送達認收書，須採用附錄B表格2B的格式。

(6) 未有令狀送達的對物訴訟的被告人，或局限法律責任的訴訟的未獲送達令狀的被告人，如

意欲參與有關法律程序，可對令狀的發出作確認，方式是向登記處遞交或送交一份格式與送達認收

書相同的發出確認書，但發出確認書中提述送達之處須代以發出令狀。

(7) 本規則在加以必要的變通後，適用於採用附錄B表格2B格式的發出確認書或送達認收書，一

如其適用於採用附錄A表格14格式並載有意思為被告人擬就認收書所關乎的法律程序提出爭議的陳述

的送達認收書。

4. 在本司法管轄權範圍外送達令狀

(第75號命令第4條規則)

(1) 除本條規則的以下條文另有規定外，在本司法管轄權範圍外送達載有就下述事宜而提出的

任何申索的令狀，即因船舶之間的碰撞、兩艘或多於兩艘的船舶中有一艘或多於一艘進行或沒有進

行船舶操縱或兩艘或多於兩艘的船舶中有一艘或多於一艘不遵從碰撞規例而產生的損壞、人命損失

或人身傷害、每一宗局限法律責任的訴訟以及每一宗強制執行根據《商船(油類污染的法律責任及補

償)條例》(第414章)第6或25條或《燃油污染(法律責任及補償)條例》(第605章)第5條進行的申索的

訴訟，如，並僅如─ (1990年第363號法律公告；2009年第14號第36條)

(a) 被告人的慣常居住地是在香港或有營業地點在香港；或

(b) 訴訟因由是在香港水域之內產生；或

以裁定；或

(d) 被告人願受或已同意願受法院的司法管轄權管轄，

第 4A 章 - 《高等法院規則》 266

則在法庭許可下是容許的。

(2) 第11號命令第4(1)、(2)及(4)條規則，適用於根據本條規則提出的要求批予許可申請，一

如其適用於根據該命令第1條規則提出的要求批予許可申請。 (2008年第152號法律公告)

(3) 第(1)款不適用於對物訴訟。

(4) 第6號命令第7(1)條的但書及第11號命令第1(2)條規則，不適用於藉以開展任何海事訴訟的

令狀。

5. 扣押令(第75號命令第5條規則)

(1) 在一宗對物訴訟中，當有令狀發出後，除本條規則的條文另有規定外，採用附錄B表格3格

式的手令，可應原告人或被告人(視屬何情況而定)之請發出，以扣押提出該宗訴訟或其中的反申索

所針對的財產。

(3) 申請由登記處發出一份扣押任何財產的手令的一方，須促致對知會備忘登記冊作翻查，以

確定就該財產而言是否有有效的針對扣押的知會備忘存在。

(4) 在申請扣押令的一方將一份要求發出扣押令的誓章連同一份由他或其代理人作出的載有第

(8)款所規定的詳情的誓章送交存檔之前，不得發出扣押令，然而，即使第一份誓章並無載有所有該

等詳情，法庭如認為適合，仍可容許發出扣押令。

(5) 除非是經法庭許可，否則在就一艘其所屬港口的國家在香港設有領事館的外國船舶的管有

或就工資而提出的對物訴訟中，不得針對該船舶發出扣押令，直至關於該宗訴訟已經開展一事的通

知書已送交有關領事為止。

(6) 一宗對物訴訟中如有因船舶抵押借款而引致的申索，則除非經法庭許可，否則不得在該宗

訴訟中發出扣押令，直至有關的船舶抵押借款擔保契據及(如該擔保契據是以外語寫成)其經公證的

譯本向司法常務官交出為止。

(7) 凡藉任何公約或條約或根據任何公約或條約，香港已承諾盡量減低扣押另一國家的船舶的

可能性，則在對物訴訟中，不得申請針對一艘該國家所擁有的船舶發出扣押令，直至採用附錄B表格

15格式的通知書已在該國家在香港或代表該國家在香港行事的領事辦事處送達一名在該處的領事館

官員為止。

(8) 第(4)款所規定的誓章─

(a) 在每一宗案件中─

(i) 必須述明申索或反申索的性質以及該申索或反申索尚未了結，如申索或反申索是

與一艘船舶相關連而引致的，則亦必須述明該船舶的名稱；及

(ii)必須述明須予扣押的財產的性質，如該財產是一艘船舶，則亦必須述明該船舶的

名稱及其船籍港；及

(b) 在憑藉第(10)款針對一艘船舶的對物申索中─

(i) 必須述明在對人訴訟中會對該申索負上法律責任的人(“有關的人”)的姓名或名

稱；及

(ii)必須述明在訴訟因由產生時，有關的人是申索就之而產生的船舶的東主或承租

人，或是管有或控制該船舶的人；及

(iii) 必須述明在令狀發出時，有關的人是要求發出的手令所關乎的船舶的所有份

額的實益擁有人，或(凡適用者)根據轉管租約是該船舶的承租人；及

舶的國籍，以及第(5)款所規定的通知書(如有的話)已經送交； (2009年第14號第37

條)

(e) 在就根據《商船(油類污染的法律責任及補償)條例》(第414章)第6條招致的法律責任

第 4A 章 - 《高等法院規則》 267

而提出的申索中，必須述明確立並無因該條例第18(1)條而阻止法庭受理有關訴訟一事

所倚據的事實；及 (1990年第363號法律公告；2009年第14號第37條)

(f) 在就根據《燃油污染(法律責任及補償)條例》(第605章)第5條招致的法律責任而提出

的申索中，必須述明據以確立並無因該條例第18(2)條而阻止法庭受理有關訴訟一事的

事實。 (2009年第14號第37條)

(9) 下列文件(凡適用者)，須附同於第(4)款所規定的誓章作為證物─

(a) 根據第(5)款送交一名領事的任何通知書的文本；

(b) 根據第(6)款交出的任何船舶抵押借款擔保契據的經核證文本或其譯本的經核證文本；

(10) 屬於(b)段條文範圍內的針對一艘船舶提出的對物申索(不論申索是否引致在該船舶上

有海上留置權)是─

(a) 就船舶所造成的損壞而提出的申索；

(b) 就船舶、其裝備或設備的任何缺陷所導致的人命損失或人身傷害而提出的任何申索，

或就下述的人的錯誤作為、疏忽或過失所導致的人命損失或人身傷害而提出的申索，

即船舶的東主、承租人，或管有或控制船舶的人，或船舶的船長或船員，或船舶的東

主、承租人或管有或控制船舶的人須對其錯誤作為、疏忽或過失負責的任何其他人；

而該作為、疏忽或過失，是就船舶的航行或管理而發生，或是就船舶裝上、運送或卸

下貨物而發生，或是就任何人登上或離開船舶或船舶運送任何人而發生的；

(d) 因與船舶運送貨物或船舶的使用或租用有關的任何協議而產生的申索；

(e) 性質屬於救助的申索(包括憑藉與飛機及其裝備及貨物的救助有關的法律的適用而產生

的申索，而該等法律是藉著或根據《民航條例》(第448章)第9條而適用的)； (2008

年第152號法律公告)

(f) 性質為關於某艘船舶或某架飛機的拖曳或領港的申索，而一宗對物訴訟是可針對該架

飛機提出的，但在該宗訴訟提出時，該架飛機須由在對人訴訟中會對該申索負上法律

責任的人所實益擁有；

(g) 就供應予船舶作操作或維修用途的貨物或物料而提出的申索；

(h) 就船舶的建造、修理或設備或就船塢的收費或應繳費用而提出的申索；

(i) 船舶的船長或船員就工資(包括從工資中撥出的任何款項，或經總監裁定為須作為工資

予以支付的任何款項)而提出的申索；

(j) 船長、付運人、承租人或代理人就船舶的代墊付費用而提出的申索；

(k) 因一項屬於或聲稱屬於共同海損作為的作為而引致的任何申索；

(l) 因船舶抵押借款而引致的申索。

並且，在對人訴訟中會對該申索負上法律責任的人(“有關的人”)，在訴訟因由產生時是該船舶的

東主或承租人，或是管有或控制該船舶的人，並在該訴訟提出時是該船舶的所有份額的實益擁有

人，或根據轉管租約是該船舶的承租人；或如屬任何其他船舶，有關的人在該訴訟提出時是該其他

船舶的全部分額的實益擁有人。

6. 針對扣押的知會備忘(第75號命令第6條規則)

(1) 意欲防止任何財產被扣押的人，必須將一份採用附錄B表格5格式的經其本人或其律師簽署

的便箋，送交登記處存檔，承諾─

(a) 對任何針對該便箋所描述的財產開展的訴訟的令狀作發出確認或送達認收(以適用者為

準)，及

第 4A 章 - 《高等法院規則》 268

(b) 在收到關於該宗訴訟已經開展一事的通知書後3天內，在該宗訴訟中提供款額不超逾該

便箋所指明者的保釋，或將該筆如此指明的款項繳存法院，

而該便箋一經送交存檔，針對發出手令以扣押該便箋所描述的財產的知會備忘即登錄於知會備忘登

記冊。

(2) 有有效的針對扣押的知會備忘存在一事，並不阻止發出手令以扣押該知會備忘所關乎的財

產。

7. 知會備忘所保護的財產被扣押時的補救

(第75號命令第7條規則)

凡針對扣押的知會備忘對其有效的任何財產依據扣押令被扣押，則該知會備忘是應其所請而登

錄的一方，可藉動議向法庭申請根據本條規則作出命令；法庭在聆訊申請時，除非信納促致扣押該

財產的一方有充分的好理由促致扣押該財產，否則可藉命令撤銷手令，並可命令後述一方就申請人

因該扣押而蒙受的損失向申請人支付損害賠償。

8. 對物訴訟的令狀送達(第75號命令第8條規則)

(1) 除第(2)款另有規定外，藉以開展一宗對物訴訟的令狀必須送達該宗訴訟所針對的財產，但

─

(a) 如該項財產是一筆運費而該筆運費須就某批貨物支付，則令狀必須送達該批貨物或運

載該批貨物的船舶，或

(b) 如該財產已被執達主任出售，則令狀可不送達該財產，但令狀的一份蓋章文本必須送

交登記處存檔，而令狀須當作已在該份文本送交存檔當日妥為送達。

(2) 如憑藉第10號命令第1(4)或(5)條規則當作令狀已妥為送達被告人，則無須如第(1)款所述

般將令狀送達或送交存檔。

(3) 凡憑藉本條規則，規定令狀須送達任何財產，則如原告人希望令狀的送達能由執達主任完

成，他必須將一份採用附錄B表格6格式的便箋送交登記處存檔並遞交─

(a) 令狀及其文本，及

(b) 承諾在有要求提出時支付執達主任或其替代人就送達令狀而招致的所有開支的承諾

書，

而執達主任或其替代人須隨即將令狀送達該便箋所描述的財產。

(3A) 凡有令狀由執達主任或其替代人送達任何財產，完成送達的人必須在令狀上註明下述詳

情，即送達地點、該令狀所送達的財產，在一星期中那一天送達及送達日期、送達方式以及完成送

達的人的姓名及地址，而該註明即為其中所述明的事實的證據。

(4) 一宗對物訴訟的原告人或其律師，如察覺就該宗訴訟所針對的財產而言，有一份針對扣押

的知會備忘正在生效，即必須立即向該針對扣押的知會備忘是應其所請而登錄的人送達令狀。

(5) 凡藉以開展一宗對物訴訟的令狀根據第21號命令第1條規則作出修訂，在令狀送達後，第20

號命令第1(2)條規則即不適用，而除非法庭應單方面提出的申請另有指示，否則該經修訂的令狀必

須送達任何介入人及任何已對該宗訴訟的令狀作發出確認或作送達認收的被告人，或如並無被告人

對該令狀作發出確認或作送達認收，則該經修訂的令狀必須按照本條規則第(1)款送達。 (2008年

第152號法律公告)

9. 將沒有遵守承諾的律師交付羈押

(第75號命令第9條規則)

第 4A 章 - 《高等法院規則》 269

凡一宗對物訴訟的一方的律師沒有遵守他向任何另一方或其律師作出的書面承諾，而承諾是對

該宗訴訟的令狀作發出確認或作送達認收、提供保釋或向法院繳存款項以代替保釋者，則該名律師

可被交付羈押。

(2008年第152號法律公告)

10. 扣押令的執行等(第75號命令第10條規則)

(1) 扣押令的有效期為12個月，由發出的日期起計。

(2) 扣押令只可由執達主任或其替代人執行。

(3) 在一份承諾會應要求支付執達主任費用以及所有由他或代他就有關財產的扣押及有關財產

在扣押期間的照顧及保管而招致的開支的承諾書遞交執達主任辦事處之前，不得執行扣押令。

(4) 如扣押令是應其所請而發出的一方向執達主任遞交一份不執行扣押令的請求書，則不得執

行扣押令。

(5) 針對一筆運費而發出的扣押令可予執行，方式是向該筆運費須就之而支付的貨物或運載該

批貨物的船舶或向該兩者送達該扣押令。

(6) 除第(5)款另有規定外，扣押令必須送達其所針對的財產。

(7) 在扣押令送達後7天內，執達主任必須將之送交登記處存檔。

11. 向船舶作送達等：如何完成

(第75號命令第11條規則)

(1) 除第(2)款另有規定外，一宗對物訴訟中針對一艘船舶、一筆運費或一批貨物發出的扣押令

或令狀，其完成送達方式須如下─

(a) 在該艘船舶的任何船杆或其上層結構的任何適當部分的外面，張貼該扣押令或令狀一

段短時間，及

(b) 在移走該扣押令或令狀時，留下其文本一份(如屬扣押令)貼在原來位置或(如屬令狀)

貼在該船舶的某個有遮蓋的顯眼部分。

(2) 如貨物已被轉運或已被卸岸，則在一宗對物訴訟中針對運費或貨物或兩者而發出的扣押令

或令狀，其完成送達方式如下─

(a) 將該扣押令或令狀放置在貨物上一段短時間，並在移走該扣押令或令狀時，在貨物上

留下其文本一份，或

(b) 如貨物是由某人保管，而該人不准許他人接觸貨物，則將該扣押令或令狀的文本一份

留交該人。

(3) 第65號命令第10條規則不適用於扣押令或對物令狀。

12. 就被扣押的財產提出申請(第75號命令第12條規則)

(1) 執達主任可在任何時間，就在一宗訴訟中被扣押的財產向法庭申請指示，並可(或如法庭有

此指示，則須)向第2款所提述的任何一人或所有人發出關於該申請的通知書。

(2) 執達主任須將任何應根據第(1)款提出的申請作出的命令的文本，親手或以郵遞方式送交所

有已就該財產作出以下作為的人─

(a) 登錄知會備忘，而該知會備忘仍然有效；或

(b) 安排執達主任執行扣押該財產的手令；或

第 4A 章 - 《高等法院規則》 270

152號法律公告)

(d) 介入該財產所被扣押的任何訴訟。

(3) 並非執達主任的人，可在該財產所被扣押的訴訟中藉傳票或動議根據本條規則提出申請，

而除非法庭應單方面提出的申請另有指示，否則傳票或動議通知書連同任何用以支持的誓章的文

本，必須送達執達主任及第(2)款所提述的所有人。

(4) 除非司法常務官另有指示，否則執達主任須將任何動議通知書或傳票的文本一份送達被扣

押的財產。

13. 發還被扣押的財產(第75號命令第13條規則)

(1) 除非依據扣押令扣押的財產已根據法庭命令出售，否則被如此扣押的財產，只可在由登記

處發出的採用附錄B表格7格式的發還文書(在本條規則中稱為“發還書”)授權之下發還。

(3) 如就某財產而言有有效的針對發還的知會備忘存在，則不得就該財產發出發還書，除非─

(a) 在發還書發出時，該財產已在一宗或多於一宗的其他訴訟中被扣押，或

(b) 法庭有此命令。

(4) 如法庭有此指示，或除第(3)款另有規定外，如其他各方(未有對令狀作發出確認或送達認

收的任何被告人除外)同意，則發還書可應有扣押令發出的訴訟的任何一方之請而發出。

(6) 除非是在第(3)(a)款適用的情況下，否則在發出發還書前，申請發出發還書的一方，必須

向有效的針對發還的知會備忘是應其所請而登錄的人或其律師發出通知，要求撤回知會備忘。

(7) 在遵從根據本條規則發出的發還書而將被扣押的財產發還前，發還書是應其所請而發出的

一方，必須按照執達主任的指示─

(a) 支付已招致的執達主任費用，並向執達主任辦事處遞交一份承諾書，承諾會應要求支

付與該財產的扣押及該財產在扣押期間的照顧及看管以及該財產的發還相關連的其他

費用及開支，或

(b) 向執達主任辦事處遞交一份承諾書，承諾會應要求支付所有該等費用及開支，不論是

已招致抑或是會招致者。

(8) 法庭可應反對執達主任根據第(7)款所給予的指示的一方的申請，更改或撤銷該等向該一方

作出的指示。

14. 針對發還的知會備忘等(第75號命令第14條規則)

(1) 聲稱有權針對任何被扣押的財產或其出售所得收益提出對物訴訟的人，如希望獲送達關於

任何就該財產或該等收益而向法庭提出的申請的通知書，則必須將一份採用附錄B表格9格式的便箋

送交登記處存檔，該份便箋一經送交存檔，知會備忘即須登錄於知會備忘登記冊。

(2) 凡任何被扣押的財產的發還因有知會備忘根據本條規則登錄而被延遲，任何在該財產中有

權益的人，均可藉動議向法庭申請作出命令，命令促致登錄該知會備忘的人，就申請人因該延遲而

蒙受的損失向申請人支付損害賠償，而法庭除非信納促致登錄該知會備忘的人有充分的好理由促致

登錄該知會備忘，否則可據此作出命令。

15. 知會備忘的有效期(第75號命令第15條規則)

(1) 每一項已登錄於知會備忘登記冊的知會備忘的有效期為12個月，由其登錄日期起計，但知

會備忘是應其所請而登錄的人，可藉將一份採用附錄B表格10格式的便箋送交存檔而將知會備忘撤

第 4A 章 - 《高等法院規則》 271

回。

(2) 知會備忘的有效期不得延展，但本條文不得視為阻止登錄後繼的知會備忘。

16. 保釋(第75號命令第16條規則)

(1) 為對物訴訟的一方所提供的保釋，必須以採用附錄B表格11格式的擔保契據提供；該擔保契

據的擔保人必須在一名監誓員或一名根據《法律執業者條例》(第159章)第7A條行使監誓員權力的律

師面前簽立，而該律師或其合夥人須並非是上述一方的代表律師或代理人。

(2) 除第(3)款另有規定外，保釋的擔保契據的擔保人必須作出一份誓章，述明他有能力支付所

提供的保釋的款項。

(3) 凡為某一方所作出的保釋的擔保契據的擔保人是一個法團，除非對方有所要求，否則無須

根據第(2)款為該法團作出誓章，但如有要求作出該誓章，該誓章必須由該法團的董事、經理、秘書

或其他相類的高級人員作出。

(4) 保釋是為其提供的一方必須向對方送達保釋通知書，該通知書須載有為該一方提供保釋的

人的姓名或名稱及地址，以及保釋的擔保契據是在其面前簽立的監誓員的姓名及地址；在保釋通知

書送達時起計24小時屆滿後(或經對方同意的較早時間)，該一方可將該擔保契據送交存檔，並必須

同時將根據第(2)款作出的誓章(如有的話)及一份證明保釋通知書已妥為送達的誓章送交存檔，而保

釋通知書的一份文本則必須附於誓章作為證物。

17. 介入人(第75號命令第17條規則)

(1) 凡對物訴訟所針對的財產已被扣押或代表該財產出售所得收益的金錢是存於法院，在該財

產或金錢中有權益而又並非該宗訴訟的被告人的人，可在法庭許可下介入該宗訴訟。

(2) 根據本條規則申請批予許可，申請必須單方面藉誓章提出，而誓章須表明申請人在訴訟所

針對的財產或存於法院的金錢中的權益。

(3) 任何人一經獲根據本條規則批予許可，即成為訴訟的一方。

(4) 法庭可命令獲法庭批予許可介入訴訟的人，在命令所指明的該段或多於一段期間內，向訴

訟的任何另一方送達命令所指明的關於其介入的通知書及命令所指明的狀書。

18. 預備文件(第75號命令第18條規則)

(1) 在為強制執行就船舶之間的碰撞所產生的損壞、人命損失或人身傷害而提出的申索的訴訟

中，除非法庭另有命令，否則本條規則的以下條文須得適用。

(2) 原告人必須在令狀送達任何被告人後2個月內而被告人則必須在對令狀作發出確認或送達認

收2個月內，將一份分為兩部分的文件(在本規則中稱為預備文件)送交登記處存檔，該份文件須載有

關於以下各項的陳述─ (2008年第152號法律公告)

第1部分

(i) 發生碰撞的船舶的名稱及其船籍港；

(ii) 有關船舶的長度、闊度、總噸位、馬力及在關鍵時間時的吃水，以及由其所運送

的任何貨物的性質及噸位；

(iii) 碰撞的日期及時間(包括時區)；

(iv) 碰撞的地點；

(v) 風向及風力；

(vi) 天氣狀況；

第 4A 章 - 《高等法院規則》 272

(vii) 潮水或其他水流的狀況、方向和水力；

(viii) 在最初看見有關的另一艘船舶之時或緊接對其出現採取任何措施之前(以先發生者

為準)有關船舶的位置、駕駛航線及水中航速；

(ix) 有關船舶所設有的燈號或型號(如有的話)；

(x) (a) 如該另一艘船舶的回波被雷達發現，在最初發現此回波時該另一艘船舶的距離及

方向；

(b) 在最初看見該另一艘船舶時，該另一艘船舶的距離、方位及大約航向；

(xi) 最初看見該另一艘船舶時，該另一艘船舶設有何種燈號或型號或何種燈號或型號

的組合(如有的話)；

(xii) 其後在碰撞前所看見的該另一艘船舶設有何種其他燈號或型號或燈號或型號的組

合(如有的話)，以及看見的時間；

(xiii) 由第(viii)節所提述的兩個時間中較早發生者起計至碰撞發生之時，有關船舶在航

線及速度上所作的改變(如有的話)及在何時作出，以及除改變航線或速度外所採取的

避免發生碰撞的措施(如有的話)及在何時採取；

(xiv) 有關船舶的航向，兩艘船舶最初發生接觸的部分，以及發生接觸之時兩艘船舶之間

的大約角度；

(xv) 曾發出何種聲響訊號(如有的話)及在何時發出；

(xvi) 曾聽到該另一艘船舶發出何種聲響訊號(如有的話)及在何時聽到。

第2部分

(i) 述明第1部分所載的詳情已納入第2部分之內的陳述；

(ii) 將該份預備文件送交存檔的一方所倚據的任何其他事實及事宜；

(iii) 將該份預備文件送交存檔的一方所作出的所有關於疏忽或其他過失的指稱；

(iv) 將該份預備文件送交存檔的一方所申索的補救或濟助。

(3) 該份預備文件的第2部分須當作為將該份預備文件送交存檔的人的狀書(該人如為原告人則

當作為其申索陳述書，如為被告人則當作為其抗辯書，並在適用時當作為其反申索書)，而本規則關

於狀書的條文，除非本條規則及第20條規則另有規定，否則適用於該份預備文件。

(4) 法庭可命令原告人或被告人無須將該份預備文件的第2部分送交存檔，並就有關訴訟的繼續

進行事宜作出指示。

(5) 每一份預備文件在存檔前，均須由恰當的人員密封並存於密封的信封內而存檔，並除非按

第(7)款的規定或法庭命令，否則不得開啟。

(6) 原告人必須在收到有關的發出確認通知書或送達認收通知書3天內或將其預備文件送交存檔

時(以較遲者為準)，向每一名對令狀作發出確認或作送達認收的被告人，送達關於其預備文件送交

存檔的通知書。被告人將其預備文件送交存檔時，必須向原告人及每一名已對令狀作發出確認或作

送達認收的其他被告人，送達關於他已將該份文件送交存檔的通知書。 (2008年第152號法律公告)

(7) 任何一方一經將一份由任何另一方或其律師簽署的同意書送交登記處存檔，即可查閱該另

一方的預備文件及要求其文本一份。

(8) 第18號命令第20條規則(狀書提交期的結束)並不適用；而為施行第18號命令第14條規則(以

有爭論點提出而作的否認)、第20號命令第3條規則(未經許可而修訂狀書)及第24號命令第1及2條規

則(文件透露)，有關狀書的提交期須當作在以下時間結束─

(a) 在答覆書送達後(或如並無答覆書而只有反申索的抗辯書，則為依據根據第20條規則所

給予的許可送達反申索的抗辯書徎( �天屆滿時；或

(b) 如並無送達答覆書亦無送達反申索的抗辯書，則為訴訟的最後一份預備文件依據第(9)

款送達後7天屆滿時。

(9) 在訴訟的最後一份預備文件送交存檔後14天內，每一方必須向其他每一方送達其預備文件

第 4A 章 - 《高等法院規則》 273

的文本一份。

(10) 在所有預備文件均已送交存檔後的任何時間，任何一方可向法庭申請作出命令，命令

─

(a) 某一方或多於一方將其所申索的損害賠償的詳情送交登記處存檔，並向其他每一方送

達載有該等詳情的文本一份；及

(b) 在就法律責任進行審訊之前或之時評估該損害賠償。

即使申請是在案件管理傳票發出後才提出，申請仍必須藉傳票向司法常務官提出。 (2008年第152

號法律公告)

(11) 如有命令根據第(10)款作出，有關的申索須視作已轉交司法常務官評估，而除非司法

常務官另有指示，否則第41及42條規則須得適用。

(1991年第404號法律公告)

19. 沒有遞交預備文件：針對沒有遞交

該份文件的一方的法律程序

(第75號命令第19條規則)

(1) 凡在第18(1)條規則所提述的訴訟中，原告人沒有在訂明的期限內遞交一份預備文件，則任

何已遞交該份文件的被告人，可藉傳票向法庭申請作出撤銷該宗訴訟的命令，而法庭可藉命令撤銷

該宗訴訟，或施加其認為公正的條款而作出其認為公正的其他命令。

(2) 凡該宗訴訟為對人訴訟而被告人沒有在訂明的期限內遞交一份預備文件，第19號命令第2及

3條規則須得適用，猶如被告人沒有在該段期限內遞交該份預備文件是被告人沒有在本規則或根據本

規則所定的送達抗辯書期限內向原告人送達抗辯書一樣；而如原告人已遞交一份預備文件，則除第

77號命令第9條規則另有規定外，可按案件情況所需，按照上述第2條規則或上述第3條規則據此登錄

該被告人敗訴的判決。

(3) 凡該宗訴訟為對物訴訟而被告人沒有在訂明的期限內遞交一份預備文件，如原告人已遞交

該份文件，則可藉動議向法庭申請作出該被告人敗訴的判決，原告人並且無須在動議的聆訊前，將

一份申索陳述書或誓章送交存檔或送達。

(4) 在聆訊根據第(3)款提出的動議時，法庭可作出其認為公正的命令，而凡被告人沒有在聆訊

時出庭，而法庭又認為若原告人證明其案則應判原告人勝訴，法庭即須命令開啟原告人的預備文

件，並規定原告人須令法庭信納其申索是有好的根據。

除非法庭另有命令，否則原告人的證據可藉誓章提出而無須任何就此作出的命令或指示。

(5) 凡原告人按照根據第(4)款作出的規定使法庭信納其申索有好的根據，法庭可作出該申索勝

訴的判決而將案件或不將案件轉交司法常務官，並可同時命令將訴訟所針對的財產予以估價及出售

以及將所得收益繳存法院，或作出其認為公正的命令。

(6) 法庭可施加其認為公正的條款而將任何依據本條規則登錄的判決作廢。

(7) 在本條規則中，凡提述訂明的期限之處，須解釋為提述憑藉第18(2)條規則或法庭的任何命

令，規定原告人或被告人(視乎提述的文意所指而定)須遞交一份預備文件的期限。 (1991年第404

號法律公告)

20. 關於碰撞等訴訟的狀書的特別條文

(第75號命令第20條規則)

(1) 儘管第18號命令第3條規則已有規定，第4(1)條規則所提述的任何訴訟的原告人，除非經法

庭許可，否則仍不得向被告人送達答覆書或反申索的抗辯書。(1988年第356號法律公告)

第 4A 章 - 《高等法院規則》 274

(2) 除第(3)款另有規定外，在任何該等訴訟中，第18號命令第13(3)條規則不適用於以下文件

所載的任何事實指稱─

(a) 載於一份預備文件第2部分的申索陳述書；或

(b) 反申索書(不論是否載於一份預備文件第2部分)，

而儘管第18號命令第14(3)條規則已有規定，就該申索陳述書或反申索書而言仍默示有爭論點提出，

但此事並不損害該條規則的其他條文。 (1991年第404號法律公告)

(3) 如原告人已依據根據第(1)款所給予的許可而送達反申索的抗辯書，第(2)款即不適用於反

申索書。 (1991年第404號法律公告)

21. 因欠缺行動而作出的判決

(第75號命令第21條規則)

(1) 凡有令狀根據第8(4)條規則送達針對扣押的知會備忘是應其所請而發出的一方，則如─

(a) 藉令狀開展的訴訟所申索的款額，不超逾該一方或其律師為促致登錄知會備忘而作出

的承諾所指明的款額，及

(b) 該一方或其律師沒有在令狀送達後14天內履行其如前所述般所作出的承諾，

原告人在將核實該宗訴訟所基於的事實的誓章送交存檔後，可向法庭申請作出因欠缺行動而作出的

判決。

(2) 根據第(1)款作出的判決，可藉下述方式強制執行，即將該宗訴訟所針對的財產扣押，和將

關於該財產的知會備忘是應其所請而登錄的一方交付羈押。

(3) 凡一宗對物訴訟的被告人沒有在作送達認收的時限內對令狀作送達認收，則在令狀送達後

14天屆滿時，並在將一份證明令狀已妥為送達的誓章、一份核實該宗訴訟所基於的事實的誓章以及

(如申索陳述書並非註於令狀之上)申索陳述書的文本一份送交存檔後，原告人可向法庭申請作出因

欠缺行動而作出的判決。 (2008年第152號法律公告)

凡令狀憑藉第10號命令第1(4)條規則當作已妥為送達被告人，或由執達主任或其替代人根據本

命令第8條規則送達，則無須根據本款將一份證明令狀已妥為送達的誓章送交存檔，但按該第1(4)條

規則所述般註明或按該第8(3A)條規則所述般註明的令狀，必須與一份核實該宗訴訟所基於的事實的

誓章一併遞交。

(4) 凡一宗對物訴訟的被告人沒有向原告人送達抗辯書，則在本規則或根據本規則所定的送達

抗辯書期限屆滿後，並在將一份述明該被告人並無在該段期限內向其送達抗辯書的誓章、一份核實

該宗訴訟所基於的事實的誓章以及(如申索陳述書並非註於令狀之上)申索陳述書的文本一份送交存

檔後，原告人可向法庭申請作出因欠缺行動而作出的判決。

(5) 凡對物訴訟中的反申索的被告人沒有向提出反申索的被告人送達反申索的抗辯書，則除第

(6)款另有規定外，在本規則或根據本規則所定的送達反申索的抗辯書的期限屆滿後，並在將一份述

明首述被告人並無在該段期限內向其送達反申索的抗辯書、一份核實反申索所基於的事實的誓章以

及一份反申索書的文本送交存檔後，提出反申索的被告人可向法庭申請作出因欠缺行動而作出的判

決。

(6) 不得針對任何下述訴訟的原告人而根據第(5)款提出申請，即提出訴訟是強制執行就下述事

宜所產生的損壞、人命損失或人身傷害而提出的申索的：船舶之間的碰撞，或兩艘或多於兩艘的船

舶中有一艘或多於一艘進行或沒有進行船舶操縱，或兩艘或多於兩艘的船舶中有一艘或多於一艘不

遵從碰撞規例。

(7) 根據本條規則向法庭提出的申請，必須藉動議提出，而如在聆訊動議時，法庭信納申請人

的申索有好的根據，即可作出該申索勝訴的判決而將案件或不將案件轉交司法常務官，並可同時命

令將訴訟或反申索(視屬何情況而定)所針對的財產予以估價及出售以及將所得收益繳存法院，或作

第 4A 章 - 《高等法院規則》 275

出其認為公正的其他命令。

(8) 除非法庭另有命令，否則在欠缺行動的對物訴訟中，證據可藉誓章提出而無須任何就此作

出的命令或指示。

(9) 法庭可施加其認為公正的條款而將任何依據本條規則登錄的判決作廢或更改。

(10) 第13號命令及第19號命令(第1條規則除外)不適用於對物訴訟。

22. 出售船舶的命令：申索優先權的決定

(第75號命令第22條規則)

(1) 凡在針對一艘船舶的對物訴訟中法庭已命令出售該船舶，任何針對該船舶或其出售得益已

取得或正取得判決的一方─

(a) (如屬出售的命令載有第(2)款所提述的進一步命令的情況)可在根據第(2)(a)款作出的

命令所指明的期限屆滿後，或

(b) (如屬其他任何情況)可在取得判決後，

藉動議向法庭申請作出命令，以決定針對該船舶的出售所得收益的申索之間的優先次序。

(2) 凡在針對一艘船舶的對物訴訟中法庭命令出售該船舶，法庭可進一步命令─

(a) 不得決定針對該船舶的出售所得收益的申索之間的優先次序，直至由出售所得收益繳

存法院之日起計90天或法庭所指明的其他期限屆滿後為止；

(b) 該宗訴訟或任何其他針對該船舶或其出售所得收益的對物訴訟的任何一方，可在其屬

一方的訴訟中向法庭申請延展該命令所指明的期限；

送交憲報或法庭所指示的其他報章(如有的話)作刊登之用。

(3) 第(2)(c)款所提述的公告必須述明─

(a) 該船舶(將其指名)已在一宗對物訴訟中藉法庭命令而出售，並須識別該宗訴訟；

(b) 出售所得的總收益(指明其款額)已繳存法院；

有所決定；及

(d) 任何有針對該船舶或其出售所得收益的申索而又擬就之取得判決的人，應在該期限屆

滿前如此行事。

(4) 執達主任必須將每一份載有第(2)(c)款所提述的公告的報章遞交登記處。

(5) 執達主任因遵從根據本條規則作出的法庭命令而招致的開支，須包括在其關於出售該船舶

的開支之內。

(6) 向法庭申請延展第(2)(a)款所提述的期限，申請必須藉動議提出，而動議通知書的文本，

必須在編定的動議聆訊日期前3天或之前，送達已針對該船舶或其出售所得收益開展一宗對物訴訟的

每一方。

(7) 在本條規則中，“法庭”(the Court) 指法官本人。 (1998年第25號第2條)

23. 財產的估價及出售(第75號命令第23條規則)

(1) 不得發出根據法庭命令將財產估價及出售的委任狀，直至申請委任狀的一方將一份採用附

錄B表格12格式的便箋送交存檔時為止。

(2) 除非法庭另有命令，否則委任狀必須由執達主任執行及必須採用附錄B表格13的格式。

(3) 估價及出售的委任狀不得予以執行，直至一份執達主任感到滿意的應要求支付執達主任的

費用及開支的承諾書已遞交執達主任辦事處為止。

第 4A 章 - 《高等法院規則》 276

(4) 執達主任須將其根據一份出售委任狀而出售的財產的出售所得總收益繳存法院，並須將關

於該項出售的帳目(連同支持的憑單)交到法院作訟費評定。

(5) 就執達主任的關於一項出售的帳目作訟費評定時，任何在該項出售所得收益中有權益的

人，均有權獲得聆聽，司法常務官在作訟費評定時作出的任何決定，如遭反對，可以與覆核司法常

務官在根據第62號命令進行的訟費評定程序中作出的任何決定相同的方式由相同的人予以覆核，而

該命令第33至35條規則，在加以必要的變通後，須據此適用。

23A.關於開支等的承諾(第75號命令第23A條規則)

(1) 根據第8(3)、10(3)、13(7)或23(3)條規則作出的每一項承諾，均須以書面作出並須令執達

主任感到滿意。

(2) 凡第8(3)、10(3)、13(7)或23(3)條規則規定任何一方須向執達主任作出一項支付任何費用

或開支的承諾，執達主任可不時規定須向他存放一筆他認為合理的款項，以應付該等費用或開支。

(3) 法庭可應任何對執達主任根據第13(7)條規則或本條規則作出的指示或決定不滿的一方的申

請，更改或撤銷該指示或決定。

24. 將款項繳存法院及自法院支出(第75號命令第24條規則)

(1) 在符合本條規則的規定下，第22號命令適用於海事訴訟(局限法律責任的訴訟除外)，一如

其適用於就債項或損害賠償而提出的訴訟。 (2008年第152號法律公告)

(2) 除第(3)及(4)款另有規定外，已繳存法院的款項，除非依據法官本人的命令，否則不得予

以支出。 (1998年第25號第2條)

(3) 司法常務官如經在已繳存法院的款項中有權益的各方同意，可命令將該款項在下列情況下

支出給有資格獲得該款項的人，即─

(a) 凡申索已轉交司法常務官決定，而該轉交案件的所有各方，均已同意接受司法常務官

的決定及按照該決定從任何存於法院的款項中支出款項；

(b) 凡財產已出售及其出售所得收益已繳存法院，而各方已就收益所須付給的人及須付給

該等人中每一人的款項達成協議；

(4) 凡在海事訴訟中已有款項依據根據第29號命令第12條規則作出的命令繳存法院，司法常務

官可根據第29號命令第13(1)條規則作出命令，將款項支出給有資格獲得該款項的人。

25. 案件管理傳票(第75號命令第25條規則)

(2008年第152號法律公告)

(1) 第25號命令適用於海事訴訟(局限法律責任的訴訟除外)，一如其適用於其他訴訟，但─

(a) 案件管理傳票須在7星期或之後作回報；

(b) 任何根據第25號命令第7(1)條規則發出的通知書，必須在案件管理傳票送達發出該通

知書的一方後21天內送達；及

在任何一方向任何另一方送達根據第75號命令第7條規則發出的通知書當日或之前，該一方必須將通

知書的文本2份遞交登記處。

(2) 應案件管理傳票而作出的命令，須決定審訊是須在無裁判委員的情況下抑或在有一名或多

於一名裁判委員的情況下進行。

第 4A 章 - 《高等法院規則》 277

(3) 除非應案件管理傳票作出的命令基於相反的特別理由而另有指示，否則審訊須在無陪審團

的情況下在法官席前進行。

(5) 第(2)或(3)款所提述的任何命令或指示(包括應上訴而作出的命令)，可由後來在審訊之時

或之前由法官本人或司法常務官經法官同意而作出的命令或指示更改或撤回。

(1998年第25號第2條；2008年第152號法律公告)

26. 為審訊編定日期等(第75號命令第26條規則)

(1) 除第(2)款另有規定外，除非法官本人另有指示，否則海事訴訟的審訊日期，須由法官在聆

訊案件管理傳票時編定。 (1998年第25號第2條；2008年第152號法律公告)

(2) 凡有命令就訴訟在無狀書的情況下進行審訊或有指示由司法常務官對案件管理傳票進行聆

訊，則審訊日期須由司法常務官編定。 (2008年第152號法律公告)

(3) 第34號命令適用於海事訴訟，但須加以下列及任何其他必要的變通─

(a) 第3(1)條規則所提述的各疊文件，須包括任何預備文件以及任何依據一項根據本命令

第18(10)(a)條規則作出的命令而經送交存檔的詳情，而凡已命令審訊須在有一名或多

於一名裁判委員的情況下進行，則須為每一名裁判委員而額外遞交一疊文件以供其使

用； (1991年第404號法律公告)

(b) “恰當人員”(the proper officer) 指登記處的總司法書記；及

訟排期的一方的律師，必須將一份承諾支付該名或該等裁判委員的恰當費用及開支的

承諾書，送交登記處存檔。

(4) 如一宗訴訟的所有各方同意，該宗訴訟可無須法庭許可而在審訊前的任何時間撤回，方式

是將一份由所有各方簽署的撤回該宗訴訟同意書送交登記處存檔。

27. 擱置碰撞等的訴訟的法律程序直至有保證

提供為止(第75號命令第27條規則)

凡已開展一宗用以強制執行第2(1)(a)條規則所提述的任何申索的對物訴訟，而其後有一宗與首

述訴訟同是產生自同一的碰撞或其他事件的交相對物訴訟開展，或在首述的訴訟中有產生自該事件

的反申索提出，─

(a) 如首述訴訟是就其提出或針對其提出的船舶已被扣押，或已有保證提供以阻止其被扣

押，但

(b) 該宗交相訴訟或反申索所就其提出或針對其提出的船舶不能被扣押，且並未有就履行

任何判提出該交相訴訟或反申索的一方勝訴的判決而提供保證，

則法庭可擱置首述訴訟的法律程序，直至已有就履行任何判該一方勝訴的判決提供保證為止。

28. 船舶等的檢查(第75號命令第28條規則)

在不損害法庭根據第29號命令第2及3條規則及第35號命令第8條規則具有的權力的原則下，法庭

可應任何一方的申請作出命令，命令由裁判委員(如有關訴訟是在有裁判委員的情況下審訊)或由任

何一方或證人檢查任何船舶或其他財產(不論是不動產或動產)，而如此檢查該船舶或財產是可能為

取得關於該宗訴訟的任何爭論點的全面資料或證據而有需要或適宜的。

30. 證人及其他人的訊問(第75號命令第30條規則)

第 4A 章 - 《高等法院規則》 278

(1) 第39號命令第1條規則所賦予的權力，須擴及於作出命令，授權在一名在法庭進行聆訊的法

官的席前對一名證人或某人進行經宣誓的訊問，猶如是就有關訟案或事宜進行審訊，而該訟案或事

宜是無須先作排期審訊或被傳審一樣。 (1998年第25號第2條)

(2) 上述第1條規則所賦予的權力，亦須擴及於作出命令，在各方同意下，規定證人的證據須猶

如在訊問員席前錄取一樣，而實際上並無委任訊問員，亦無須訊問員在場。

(3) 凡有命令根據第(2)款作出，該命令可為任何相應事項作出規定，而除任何如此作出的規定

另有規定外，以下規定須具有效力─

(a) 其證人會被訊問的一方須提供一名速記員以記錄該證人的證據；

(b) 雙方的其中一方的任何身為大律師或律師的代表，具有權力為證人監誓；

將該謄本交付其證人被訊問的一方的律師，而該律師必須將該謄本送交登記處存檔；

(d) 除非各方另有協議或法庭另有命令，否則在該謄本送交存檔前，該謄本或其一份文本

須可為有關大律師或在訊問進行時擔任訟辯人的其他人所取用，而如該等人中的任何

人認為該謄本並非準確反映有關證據，該人須擬備一份證明書指明他認為應在該謄本

上作出的改正，該份證明書並必須與該謄本一併送交存檔。 (2008年第178號法律公

告)

(4) 在預備文件須根據第18條規則送交存檔的訴訟中，除非法庭認為有特別理由適合作此指

示，否則不得根據第39號命令第1條規則作出命令，授權在預備文件送交存檔前訊問證人。

31. 在無狀書的情況下進行審訊

(第75號命令第31條規則)

第18號命令第21條規則適用於海事訴訟，一如其適用於其他訴訟，但傳票必須在傳票所指明的

訴訟聆訊日期前7天或之前送達每一另一方。

32. 關於證據的進一步條文(第75號命令第32條規則)

(3) (由1999年第2號第6條廢除)

(7) 除非法庭另有指示，否則為施行第19(4)、21或38(2)條規則而作出的誓章，除了在關於送

達令狀的範圍內，可載有關於資料或所信之事的陳述以及資料或所信之事的來源和理由。

33. 分攤救助費用的法律程序(第75號命令第33條規則)

(1) 分攤救助費用的法律程序，如救助費用的總款額已予以確定，須藉原訴動議開展。

(3) 在聆訊原訴動議時，法官可行使任何由《1894年商船法令》*(1894 c. 60 U.K.) #第556條

所賦予的司法管轄權。 (1998年第25號第2條)

34. 對物訴訟的動議通知書(第75號命令第34條規則)

(1) 除非法庭給予相反的許可，否則在對物訴訟中支持一項動議的誓章(如有的話)，必須在動

議通知書發出前送交登記處存檔。

(2) 除非法庭給予相反的許可，否則動議(要求作出因欠缺行動而作出的判決的動議除外)通知

書必須在聆訊前2整天或之前，連同支持該動議的誓章(如有的話)送達所有登錄知會備忘的人。

第 4A 章 - 《高等法院規則》 279

35. 律師之間的協議可成為法庭命令

(第75號命令第35條規則)

(1) 一宗訟案或事宜的各方的律師之間的任何書面協議(載有日期並由該等律師簽署)，如被司

法常務官認為合理並在有關情況下會獲法官批准，則可送交登記處存檔，而該份協議須隨即成為法

庭命令，並具有猶如該命令是法官本人所作出者一樣的效力。

(1998年第25號第2條)

37. 局限法律責任的訴訟：各方(第75號命令第37條規則)

(1) 在局限法律責任的訴訟中，尋求濟助的人是原告人，並須以其姓名或名稱列名於令狀之

上，而不是僅描述為某艘船舶或其他財產的擁有人或與之有某種關係。

(2) 原告人必須使就訴訟所關乎的傷亡而針對原告人有申索的人的其中之一成為訴訟的被告

人，並可使其餘的人之中的任何一人或所有人亦成為被告人。

(3) 訴訟的被告人必須最少有一人以其姓名或名稱列名於令狀之上，但可對其他被告人作一般

描述而非以其姓名或名稱列名於令狀之上。

(4) 令狀必須送達一名或多於一名以其姓名或名稱列名於令狀之上的被告人，但無須送達任何

其他被告人。

(5) 在本條規則及第38、39及40條規則中，“姓名或名稱”(name) 包括商號名稱或某人經營其

業務所用的名稱，而凡就訴訟所關乎的傷亡而針對原告人有申索的人，為進行其申索而僅描述其本

人為某艘船舶或其他財產的擁有人或與之有某種關係，該人可在令狀中被描述為被告人，並如被如

此描述，則須就前述規則而言當作已以其姓名或名稱列名於令狀之上。

38. 局限法律責任的訴訟：要求作判令或指示的傳票

(第75號命令第38條規則)

(1) 在由以其姓名或名稱列名於令狀之上的被告人的其中一人對令狀作發出確認或作送達認收

後7天內，或如該等被告人中無人作發出確認或作送達認收，則在作送達認收的時限後7天內，原告

人在不送達申索陳述書的情況下，必須取得一份須在內庭於司法常務官席前作傳訊的傳票，要求作

出限制其法律責任的判令，或如不作出該判令，則作出關於訴訟的進一步法律程序的指示。

(2) 傳票必須由一份或多於一份證明以下事宜的誓章支持─

(a) 原告人在訴訟中的案，及

(b) 如以其姓名或名稱列名於令狀之上的被告人之中無人作送達認收，令狀已送達被如此

列名的被告人之中最少一人。

(3) 支持傳票的誓章必須述明─

(a) 據原告人所知，所有就訴訟所關乎的傷亡而針對他有申索的人的姓名或名稱，而該等

人並非是以其姓名或名稱列名於令狀之上的訴訟被告人，及

(b) 該等人中每一人的地址(如為原告人所知)。

(4) 傳票及所有支持傳票的誓章，必須在傳票聆訊前7整天或之前送達任何已對令狀作發出確認

或作送達認收的被告人。

(5) 在聆訊傳票時，司法常務官如覺得就原告人有權利局限其法律責任一事並無爭議，須作出

局限原告人的法律責任的判令，並釐定局限該法律責任的款額。

(6) 在聆訊傳票時，司法常務官如覺得任何被告人並無足夠資料使被告人能決定是否對原告人

第 4A 章 - 《高等法院規則》 280

有權利局限其法律責任一事提出爭議，則司法常務官須作出他覺得使被告人能取得該等資料的適當

指示，並須將聆訊押後。

(7) 如在聆訊傳票或恢復聆訊傳票時，司法常務官並不作出局限原告人的法律責任的判令，則

須就訴訟的進一步法律程序作出他覺得適當的指示，尤其是包括規定須根據第25號命令取得案件管

理傳票的指示，又如他沒有作出該指示，則須作出指示定出任何根據第38號命令第21條規則發出的

通知書所須送達的期限。

(8) 任何被告人如在司法常務官已根據第(7)款作出指示後停止就原告人局限其法律責任的權利

一事提出爭議，則必須隨即向登記處送交一份具此意思的通知書，並將其文本一份送達原告人及任

何其他已對令狀作發出確認或作送達認收的被告人。

(9) 如每一名對原告人局限其法律責任的權利一事有所爭議的被告人，均根據第(8)款向原告人

送達通知書，則原告人可取得一份在內庭於司法常務官席前回報的傳票，要求作出局限其法律責任

的判令；而第(4)及(5)款適用於根據本款取得的傳票，一如其適用於根據第(1)款取得的傳票。

(2008年第152號法律公告)

39. 局限法律責任的訴訟：根據判令進行的

法律程序(第75號命令第39條規則)

(1) 凡一宗局限法律責任的訴訟所僅有的被告人是以其姓名或名稱列名於令狀之上的人，而所

有如此列名的人已獲送達令狀或已對令狀作發出確認，則該宗訴訟中的任何局限原告人的法律責任

的判令(不論是由司法常務官作出或是在該宗訴訟的審訊中作出)─

(a) 無須刊登公告，但

(b) 其保護原告人的效用，只限於如此列名的人或透過他們或在他們之下作申索的人所提

出的申索。

(2) 在不屬於第(1)款範圍的任何案件中，局限原告人的法律責任的訴訟的判令─

(a) 須由原告人按判令所規定的方式在判令所規定的時限內刊登公告；

(b) 須定出一段時限，在該段時限內就該宗訴訟所關乎的傷亡而針對原告人有申索的人，

可將其申索書送交存檔，並在第40條規則所適用的案件中，如其認為適合，亦可取得

傳票以將命令作廢。

(3) 除非司法常務官有特別理由認為適合作出另外規定，否則根據第(2)(a)款所規定的公告，

須是在判令所指明的3份報章中的每一份的一則公告，該公告須識別有關的訴訟、有關的傷亡及原告

人與該傷亡的關係(不論是作為該傷亡所涉及的船舶的擁有人或是以其他按情況而定的身分)，述明

已有判令作出，並指明判令所定出的作為原告人的法律責任限度的款額，以及判令所容許的將申索

書送交存檔及取得傳票以將判令作廢的時限。

原告人必須在根據第(2)(b)款定出的時限內，將每一份載有根據第(2)(a)款所規定的公告的報

章，送交登記處存檔。

(4) 除非司法常務官有特別理由認為適合作出另外規定，否則根據第(2)(b)款所容許的時限，

由容許公告出現的最後日期起計不得少於2個月；而在該如此容許的時限屆滿後，除非經司法常務官

許可，否則不得將申索書送交存檔或取得傳票以將判令作廢。

(5) 除如前述者外，任何局限原告人的法律責任的判令(不論是由司法常務官作出或是在訴訟的

審訊中作出)，可作出《1894年商船法令》* (1894 c. 60 U.K.) #第504條所授權作出的任何規

定。

40. 局限法律責任的訴訟：將判令作廢的

法律程序(第75號命令第40條規則)

第 4A 章 - 《高等法院規則》 281

(1) 凡局限原告人的法律責任的判令(不論是由司法常務官作出或是在訴訟的審訊中作出)按照

第39(2)條規則定出一段時限，而任何人就訴訟所關乎的傷亡而針對原告人有申索，且─

(a) 並無以其姓名或名稱列名於令狀之上作為訴訟的被告人，或

(b) (如如此列名)未獲送達令狀，亦未對令狀作發出確認，

則可在該段時限內，在對令狀作發出確認後，取得在內庭於司法常務官席前回報的傳票，要求將該

判令作廢。

(2) 傳票必須由一份或多份表明下述事宜的誓章支持，即被告人就傷亡而針對原告人有真正的

申索，以及被告人有充分的表面理由提出爭議，指原告人無權享有判令所給予他的濟助。

(3) 傳票及每一份支持傳票的誓章，必須在傳票聆訊前7整天或之前，送達原告人及任何已對令

狀作發出確認或作送達認收的被告人。 (2008年第152號法律公告)

(4) 在聆訊傳票時，司法常務官如信納被告人針對原告人有真正的申索，以及有充分的表面理

由提出爭議，指原告人無權享有判令所給予他的濟助，則須將判令作廢，並就訴訟的進一步法律程

序作出他覺得適當的指示，尤其是包括規定須根據第25號命令取得案件管理傳票的指示。 (2008年

第152號法律公告)

41. 轉交司法常務官的申索(第75號命令第41條規則)

(1) 如任何一方(在本條規則中下稱“申索人”)提出申索而申索轉交司法常務官作決定，該一

方必須在命令作出後2個月內，或如屬局限法律責任的訴訟，則必須在法庭所指示的其他期限內，將

其申索書送交存檔，並除非所轉交的申索是在該宗訴訟之中，否則必須向每一另一方送達申索書的

文本一份。

(2) 在申索人的申索已送交存檔後的任何時間，或如所轉交的申索是在局限法律責任的訴訟之

中，則在法庭所定的送交申索書的時限屆滿後，但無論如何均不得早於所轉交的申索的指定聆訊日

期前28天，訟案或事宜的任何一方，可就所轉交的申索的法律程序，藉案件管理傳票向司法常務官

提出申請，而司法常務官須作出他認為適合的指示(如有的話)，包括(在不損害前述文句的一般性的

原則下)規定任何一方須在司法常務官所指明的期限內向任何申索人送達就其申索作出的抗辯書的指

示。 (2008年第152號法律公告)

(3) 所轉交的申索須於司法常務官指定的日期聆訊，而除非所轉交的申索是在局限法律責任的

訴訟之中或所轉交的申索的各方同意指定某一日期，否則指定日期必須應訟案或事宜的任何一方藉

傳票所提出的申請而藉命令指定。

(4) 在申索人將申索書送交存檔前，或如所轉交的申索是在局限法律責任的訴訟之中，則在法

庭所定的送交申索書的時限屆滿前，不得為所轉交的申索指定聆訊日期。

(5) 在為所轉交的申索指定聆訊日期後7天或之前，申索人或(凡所轉交的申索是在局限法律責

任的訴訟之中)原告人必須將所轉交的申索登錄以作聆訊，方式是向登記處遞交便箋，請求將所轉交

的申索登錄在審訊表上，以在指定的日期作聆訊。

(6) 在所提交的申索的指定聆訊日期前14天或之前，申索人必須將以下文件送交存檔─

(a) 一份經其本人及其他每一方簽署的列表，列出其申索中無爭議的項目(如有的話)，並

述明其本人及其他每一方所協議同意的應就每一該等項目而准予的款額(如有的話)，

及

(b) 支持其申索中有爭議的項目所需的誓章或其他書面證據；

並除非所轉交的申索是在局限法律責任的訴訟之中，否則申索人亦必須同時向其他每一方送達根據

本款送交存檔的每一份文件的文本。

(7) 如申索人沒有遵從第(1)或(6)(b)款，法庭可應訟案或事宜的任何另一方的申請而撤銷申

第 4A 章 - 《高等法院規則》 282

索。

42. 所轉交的申索的聆訊(第75號命令第42條規則)

(1) 除非法官本人另有命令，否則所轉交的申索必須公開聆訊。 (1998年第25號第2條)

(2) 司法常務官如認為適合，可不時將所轉交的申索的聆訊押後。

(3) 在不抵觸第(2)款的規定下，證據可以口頭方式或以誓章或經協議同意的其他方式提供。

(4) 在所轉交的申索的聆訊已完結後，司法常務官須─

(a) 將他就在所轉交的申索中出現的問題作出的決定(包括任何關於訟費的命令)予以書面

記錄，並安排將之存檔；

(b) 安排將他認為適合的關於其決定的理由的陳述書(如有的話)，連同其決定一併存檔或

在其後存檔；及

(5) 如無關於司法常務官的決定的理由的陳述書與司法常務官的決定一併存檔，而司法常務官

亦無表示他擬在稍後將該陳述書存檔，則所轉交的申索的任何一方，可在司法常務官的決定存檔後

14天內，向司法常務官提出將該陳述書存檔的書面請求。

43. 反對就所轉交的申索而作出的決定

(第75號命令第43條規則)

(1) 已轉交司法常務官的申索的任何一方，可藉提出反對的動議，申請將司法常務官就所轉交

的申索而作出的決定作廢或更改，但指明反對該決定的要點的動議通知書，必須在關於該決定存檔

的通知書根據第42(4)條規則送交該一方的日期後28天內送交存檔，或如關於該決定的理由的通知書

在其後根據該條規則送交該一方，則必須在該通知書送交的日期後28天內送交存檔。

(2) 司法常務官的決定須當作是在將決定存檔的日期作出，但除非司法常務官或法官另有指

示，否則在將提出反對該決定的動議的通知書的期限過去之前，不得就該決定採取行動。 (1998年

第25號第2條)

(3) 在各方未有機會獲聆聽之前，不得根據第(2)款作出指示，但如司法常務官在所轉交的申索

的聆訊完結時宣布其所擬作出的決定，則該指示可納入司法常務官已根據第42(4)條規則予以書面記

錄的決定之內。

45. 判決及命令的草擬及登錄

(第75號命令第45條規則)

除了憑藉第42號命令第4條規則而無須草擬的命令之外，在海事訟案或事宜中作出的每一項判決

或命令，均須在登記處草擬，並須由登記處人員登錄於為此目的而備存的簿冊。

46. 查閱已送交登記處存檔的文件

(第75號命令第46條規則)

(1) 第63號命令第4條規則適用於已送交登記處存檔的文件。

(2) 就第63號命令第4條規則而言，司法常務官在局限法律責任的訴訟中作出的判令，以及根據

第42條規則存檔的決定及關於該決定的理由的任何陳述書，須當作是在法庭作出。

___________________________________________________________________________

第 4A 章 - 《高等法院規則》 283

註：

** “《商船法令》”乃“Merchant Shipping Acts”之譯名。

* “《1894年商船法令》”乃“Merchant Shipping Act 1894”之譯名。

# 並請參閱以下條文─

(a) 就《1894年商船法令》而言，第415章附表5第3部及第508章附表2第1條；

(b) 就1894至1979年的《商船法令》(Merchant Shipping Acts) 而言，第281章第117條、第

415章第103條及第478章第142條。

命令： 76 有爭議的遺囑認證程序 L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

1. 適用範圍及釋義(第76號命令第1條規則)

(1) 本命令適用於遺囑認證訟案及事宜，而除本命令的條文另有規定外，本規則的其他條文適

用於該等訟案及事宜，包括更正遺囑的申請在內。

(2) 在本規則中，“遺囑認證訴訟”(probate action) 指一宗就下述事宜而提出的訴訟，即授

予死者遺囑的遺囑認證或死者遺產的遺產管理書，或撤銷該授予，或要求作出判令宣告一份指稱已

訂立的遺囑於有效或無效，而該宗訴訟並非無爭議或普通形式的遺囑認證事務。

(3) 在本命令中，“遺囑”(will) 包括一份遺囑修訂附件。

2. 關於發出令狀的規定(第76號命令第2條規則)

(1) 遺囑認證訴訟可藉令狀開展。 (2008年第152號法律公告)

(2) 開展遺囑認證訴訟的令狀在發出前，必須註有陳述，述明原告人及被告人在訴訟所關乎的

死者遺產中所擁有的權益的性質。

3. 撤銷授予的訴訟的各方(第76號命令第3條規則)

如所授予的死者遺囑的認證或死者遺產的遺產管理書未被撤銷，則就每一名根據或憑藉該授予

而有資格或聲稱有資格管理死者遺產的人而言，須使其成為就撤銷該授予而提出的任何訴訟的一

方。

4. 在撤銷授予的訴訟中遞交授予書

(第76號命令第4條規則)

(1) 凡在一宗就撤銷死者遺囑的遺囑認證或死者遺產的遺產管理書的授予而提出的訴訟展開

時，遺囑認證或遺產管理書(視屬何情況而定)仍未有遞交法院，則─

(a) 如該宗訴訟是由該授予對其作出的人提出，該人須在令狀發出後7天內向登記處遞交遺

囑認證或遺產管理書；

(b) 如該宗訴訟的任何被告人管有或控制遺囑認證或遺產管理書，該被告人須在令狀送達

他後14天內向登記處遞交上述文件。

(2) 任何人如沒有遵從第(1)款，則法庭可應該宗訴訟的任何一方的申請，命令該人在指明的時

限內向登記處遞交遺囑認證或遺產管理書；而該命令所針對的人，直至遵從該命令為止，無權未經

法庭許可而在該宗訴訟中採取任何行動。

第 4A 章 - 《高等法院規則》 284

5. 關於遺囑性質的文稿的誓章(第76號命令第5條規則)

(1) 除非法庭另有指示，否則一宗遺囑認證訴訟的原告人及每一名已對令狀作送達認收的被告

人，均必須宣誓作出一份誓章，該份誓章須─ (2008年第152號法律公告)

(a) (如就他所知，其遺產是該宗訴訟標的之死者有任何遺囑性質的文稿)描述該文稿，或

述明就他所知並無該文稿(如情況是如此的話)；及

(b) 如他所知的任何該等文稿並非由他管有或控制，則提供管有或控制該文稿的人的姓名

或名稱及地址，或述明他並不知道該人的姓名或名稱或地址(如情況是如此的話)。

(2) 本條規則所規定的任何誓章必須送交存檔，而誓章的正式文本及誓章所提述的由宣誓人管

有或控制的任何遺囑性質的文稿，則必須在一名該宗訴訟的被告人作送達認收後14天內遞交登記

處，或如並無被告人作送達認收，法庭亦無另作指示，則必須在將該宗訴訟作審訊的命令作出前遞

交登記處。 (2008年第152號法律公告)

(3) 凡本條規則所規定須遞交登記處的任何遺囑性質的文稿或其任何部分是以鉛筆書寫，則除

非法庭另有指示，否則文稿或其中載有以鉛筆書寫的部分的該頁或多於一頁的摹本，亦必須遞交登

記處，而見於正本的以鉛筆書寫的字句，在該摹本中必須在其下劃上紅線。

(4) 除非經法庭許可，否則一宗遺囑認證訴訟的一方不得查閱由該宗訴訟的任何另一方根據本

條規則送交存檔的誓章或遞交的任何遺囑性質的文稿，除非與直至一份由他宣誓作出的載有第(1)款

所提述的資料的誓章已送交存檔。

(5) 在本條規則中，“遺囑性質的文稿”(testamentary script) 指一份遺囑或其草稿、立遺

囑人就一份遺囑而作出的書面指示、或應立遺囑人要求或根據其指示而就一份遺囑作出的書面指

示，以及任何看來是一份聲稱已遺失或毀滅的遺囑所載內容的證據或是該份遺囑的副本的文件。

6. 沒有作送達認收(第76號命令第6條規則)

(2008年第152號法律公告)

(1) 第13號命令不適用於遺囑認證訴訟。

(2) 凡一宗遺囑認證訴訟的多名被告人中有任何一人沒有對令狀作送達認收，原告人在作送達

認收的時限屆滿後，一經將一份證明令狀或令狀通知書已妥為送達該名被告人的誓章送交存檔，即

可猶如該名被告人已作送達認收一樣而進行該宗訴訟。 (2008年第152號法律公告)

(3) 凡一宗遺囑認證訴訟的唯一被告人或所有被告人均沒有對令狀作送達認收，則除非法庭應

原告人的申請而命令中止該宗訴訟，否則原告人可在被告人作送達認收的時限屆滿後向法庭申請命

令將該宗訴訟作審訊。 (2008年第152號法律公告)

(4) 在申請根據第(3)款作出命令前，原告人必須將一份證明令狀或令狀通知書已妥為送達被告

人的誓章送交存檔，如令狀並無註有申索陳述書，被告人必須在法官內庭遞交一份申索陳述書。

(1998年第25號第2條)

(5) 凡法庭根據第(3)款批予命令，法庭可指示根據誓章證據而審訊該宗訴訟。

7. 申索陳述書的送達(第76號命令第7條規則)

除非法庭給予相反指示，或除非令狀已註有申索陳述書，否則一宗遺囑認證訴訟的原告人必須

向每一名在該宗訴訟中對令狀作送達認收的被告人送達申索陳述書，並必須在該名被告人作送達認

收後6星期屆滿或該名被告人根據第5條規則將一份誓章送交存檔後8天屆滿(以較遲發生者為準)之前

如此行事。

(2008年第152號法律公告)

第 4A 章 - 《高等法院規則》 285

8. 反申索(第76號命令第8條規則)

(1) 儘管第15號命令第2(1)條規則已有規定，一宗遺囑認證訴訟的被告人，如聲稱他就任何關

於屬訴訟標的之死者遺囑的遺囑認證或死者遺產的遺產管理書的授予的事宜，有任何申索或有權獲

得任何濟助或補救，則必須在其抗辯書上加入就該事宜而提出的反申索。

(2) 如原告人沒有送達申索陳述書，任何該等被告人均可在法庭許可下送達反申索書，而之後

該宗訴訟須猶如反申索書是申索陳述書一樣而進行。

9. 狀書的內容(第76號命令第9條規則)

(1) 凡遺囑認證訴訟的原告人對任何被告人的權益有所爭議，他必須在其申索陳述書中聲稱他

否認該被告人的權益。

(2) 如在遺囑認證訴訟中，一方聲稱憑藉某權益有權獲授予遺產管理書，但有爭議就該權益提

出，則就該權益提出爭議的一方，必須在其狀書中指出，如在狀書中作出的指稱獲得證實他將有權

在有關遺產中享有權益。

(3) 在不損害第18號命令第7條規則的原則下，任何以指稱立遺囑人在屬訴訟標的之遺囑簽立之

時並不知道及贊同其內容而作訴的一方，必須指明他擬倚據的案的性質，而用以支持該訴的任何指

稱，如在支持任何下列其他的訴時亦屬有關聯者，即─

(a) 遺囑並非妥為簽立；

(b) 在遺囑簽立之時，立遺囑人的精神、記憶及理解能力不健全；及

則除非該一方亦有以該另一訴作訴，否則不得作出該指稱。

10. 欠缺狀書(第76號命令第10條規則)

(1) 第19號命令不適用於遺囑認證訴訟。

(2) 凡一宗遺囑認證訴訟的任何一方沒有向任何另一方送達本規則規定他須送達該另一方的狀

書，則除非法庭命令中止或撤銷該宗訴訟，否則該另一方可在本規則或根據本規則所定的送達有關

狀書的期限屆滿後，向法庭申請命令就該宗訴訟進行審訊，而法庭如作出命令，可指示根據誓章證

據而審訊該宗訴訟。

11. 中止及撤銷(第76號命令第11條規則)

(1) 第21號命令不適用於遺囑認證訴訟。

(2) 法庭可在一宗遺囑認證訴訟的法律程序的任何階段，應原告人或該宗訴訟的任何已對該宗

訴訟的令狀作送達認收的一方提出的申請，施加其認為公正的關於訟費或其他方面的條款而中止或

撤銷該宗訴訟，並可進一步命令屬該宗訴訟標的之死者遺囑的遺囑認證或死者遺產的遺產管理書(視

屬何情況而定)的授予，須向有權取得該授予的人作出。 (2008年第152號法律公告)

(3) 申請根據本條規則作出命令，可藉傳票或藉根據第25號命令第7條規則發出的通知書提出。

(2008年第152號法律公告)

12. 訴訟的妥協：根據誓章證據進行審訊

(第76號命令第12條規則)

第 4A 章 - 《高等法院規則》 286

凡在一宗遺囑認證訴訟中，各方協議妥協，則不論妥協是在抗辯書送達之前或之後作出，法庭

亦可命令根據誓章證據而審訊該宗訴訟。

13. 申請命令將遺囑呈交等(第76號命令第13條規則)

(1) 任何在遺囑認證訴訟中要求根據《遺囑認證及遺產管理條例》(第10章)第7(1)條作出命令

的申請，申請須是要求作出命令，規定某人須向登記處呈交一份遺囑或其他屬於遺囑性質的紙張或

在法庭出席以接受訊問。

(2) 根據第(1)款提出的申請，須藉在有關訴訟中發出的傳票提出，並必須送達申請所尋求的命

令所針對的人。

(3) 任何在遺囑認證訴訟中要求根據《遺囑認證及遺產管理條例》(第10章)第7(3)條發出傳召

出庭的傳票的申請，申請須是要求發出傳召出庭的傳票，規定某人須向登記處呈交一份遺囑或其他

屬於遺囑性質的紙張。

(4) 根據第(3)款提出的申請，可單方面提出，並必須由列出申請理由的誓章支持。

(5) 根據第(3)款提出的申請，須向一名聆案官提出，該名聆案官如批予申請，可授權據此發出

傳召出庭令。

(6) 根據《遺囑認證及遺產管理條例》(第10章)第7(3)條發出的傳召出庭令所針對的人，如否

認該令所提述的遺囑或其他屬於遺囑性質的紙張是由他管有或控制，可將一份具此意思的誓章送交

存檔。

14. 訴訟待決期間的遺產管理(第76號命令第14條規則)

(1) 根據《遺囑認證及遺產管理條例》(第10章)第40條申請授予遺產管理，可藉傳票提出。

(2) 凡有授予遺產管理的命令根據上述的第40條作出，則第30號命令第2、4及6條規則以及(除

《遺囑認證及遺產管理條例》(第10章)第60條另有規定外)第3條規則須得適用，猶如遺產管理人是

法庭所委任的接管人一樣。

15. 在其他法律程序中的遺囑認證反申索

(第76號命令第15條規則)

(1) 在本條規則中，“遺囑認證反申索”(probate counterclaim) 指在任何並非遺囑認證訴訟

的訴訟中被告人藉以申索第1(2)條規則所述的任何濟助的反申索。

(2) 除以下各款另有規定外，本命令在加以必要的變通後適用於遺囑認證反申索，一如其適用

於遺囑認證訴訟。

(3) 遺囑認證反申索必須載有陳述，述明被告人及原告人在反申索所關乎的死者遺產中所擁有

的權益的性質。

(4) 遺囑認證反申索書在送達前，必須註有由一名聆案官簽署的備忘錄，示明反申索書曾向他

交出作審查以及反申索書的3份文本已向他遞交。

16. 遺囑的更正(第76號命令第16條規則)

(1) 凡申請更正遺囑，而授予書未有向法庭遞交，則第4條規則在加以必要的變通後須得適用，

猶如有關的法律程序是遺囑認證訴訟一樣。

第 4A 章 - 《高等法院規則》 287

(2) 就更正遺囑而作出的每一項命令的文本，須送交總登記處存檔，而關於該項命令的備忘

錄，則須註在或永久附錄於作出遺產管理所根據的授予書之上。

命令： 77 由官方提出及針對官方提出的法律程序 L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

詳列交互參照：

45、46、47、48、49、49B、50、51、52

1. 適用範圍及釋義(第77號命令第1條規則)

(1) 除本命令以下各條規則另有規定外，本規則適用於以官方作為一方的民事法律程序。

(2) 在本命令中─

“由官方提出的民事法律程序”(civil proceedings by the Crown) 及“針對官方提出的民事法律

程序”(civil proceedings against the Crown) 所各自具有的涵義，與《官方法律程序條

例》(第300章)第III部中該兩詞句所分別具有者相同，但不包括該條例第19(3)條所指明的任何

法律程序；

“以官方作為一方的民事法律程序”(civil proceedings to which the Crown is a party) 所具

有的涵義，與憑藉《官方法律程序條例》(第300章)第2(4)條為施行該條例第V部該詞句所具有

者相同；

“針對官方的命令”(order against the Crown) 指在由官方提出或針對官方提出的任何法律程序

中作出的任何命令(包括支付訟費的命令)，或與以官方作為一方的與任何仲裁相關連而作出的

任何命令(包括支付訟費的命令)，而該命令是針對官方，政府部門或作為官方人員的官方人員

而判任何人勝訴的；

“命令”(order) 包括判決、判令、規令、裁決或宣布。

3. 申索書的註明所須包括的詳情(第77號命令第3條規則)

(1) 如某令狀開展針對官方提出的法律程序，第6號命令第2條規則所規定的申索書的註明，須

包括關於所指稱的官方法律責任產生的情況以及有關的政府部門及官方人員的陳述。

(2) 如在針對官方提出的民事法律程序中，被告人認為令狀並未載有本條規則所規定的足夠陳

述，則可在對令狀作送達認收的時限屆滿前，藉通知書向原告人提出申請，要求其提供載有通知書

所指明的資料的更詳盡清楚的陳述。

(3) 凡被告人根據本條規則發出通知書，則對令狀作送達認收的時限，在直至被告人以書面通

知原告人他對遵從通知書而提供的陳述感到滿意後4天之前，不得屆滿，或如法庭就原告人藉在回報

日前7天或之前向被告人送達的傳票而提出的申請，決定並無合理需要提供關於第(1)款所提述事宜

的更詳盡資料，則不得在該決定作出後4天之前屆滿。

(2008年第152號法律公告)

4. 向官方作送達(第77號命令第4條規則)

(1) 第10號命令、第11號命令及本規則的任何其他關於在本司法管轄權範圍外作送達的條文，

不適用於藉以開展針對官方提出的民事法律程序的任何法律程序文件的送達。

(香港)(2) 為提出任何民事法律程序或與之相關連而按規定須向官方送達的任何文件，並非必須作

面交送達；但如該等法律程序是由官方提出或是針對官方提出，則對官方所作的送達，必須藉向律

第 4A 章 - 《高等法院規則》 288

政司司長作送達而完成。 (1997年第362號法律公告)

(3) 就為提出任何由官方提出或針對官方提出的民事法律程序或與之相關連而按規定須向官方

送達的任何文件的送達而言，第65號命令第5及9條規則不適用，而第65號命令第7條規則須得適用，

猶如其中提述該命令第2及5(1)(a)條規則之處是提述本條規則第(2)款一樣。

6. 反申索及抵銷(第77號命令第6條規則)

(1) 儘管第15號命令第2條規則以及第18號命令第17及18條規則已有規定，在由官方提出的任何

法律程序中，如該等法律程序的目的是追討任何稅項、稅款或處罰，或如任何反申索或抵銷是產生

自要求就任何稅款或處罰作償還的權利或申索，則任何人仍不得在該等法律程序中提出該反申索或

以該抵銷作訴。

(2) 儘管第15號命令第2條規則以及第18號命令第17及18條規則已有規定，如屬以下情況，則未

經法庭許可，在針對官方提出的法律程序中，官方仍不得提出反申索或以抵銷作訴，而在由官方提

出的法律程序中，任何人未經法庭許可，亦不得提出反申索或以抵銷作訴─

(a) 官方是以某政府部門的名義起訴或被起訴，而反申索或抵銷的標的事項與該政府部門

無關；或

(b) 官方是以律政司司長的名義起訴或被起訴。 (1997年第362號法律公告)

(3) 申請根據本條規則給予許可，必須藉傳票提出。

7. 簡易判決(第77號命令第7條規則)

(1) 不得針對官方而提出任何下述申請─

(a) 在任何針對官方提出的法律程序中，根據第14號命令第1條規則或第86號命令第1條規

則提出申請；

(b) 在任何由官方提出的法律程序中，根據第14號命令第5條規則提出申請；或

請。 (1992年第165號法律公告)

(2) 凡官方根據第14號命令第1條規則、第14號命令第5條規則或第86號命令第1條規則提出申

請，支持申請所需的誓章必須由以下的人作出─

(a) 代表官方行事的律師，或

(b) 獲如此行事的律師或有關部門正式授權的人員；

而如誓章述明就宣誓人所信，申請人有權獲得所申索的濟助，並且申請所關乎的申索或其中的部分

是無可抗辯的，或除就所申索的任何損害賠償的款額之外是無可抗辯的，該誓章即屬足夠。

9. 因欠缺行動而作出的判決(第77號命令第9條規則)

(1) 除非經法庭許可，否則在針對官方提出的民事法律程序或針對官方提出的第三方法律程序

中，不得登錄因欠缺擬抗辯通知書或狀書而判官方敗訴的判決。

(2) 除非經法庭許可，否則第16號命令第5(1)(a)條規則不適用於針對官方提出的第三方法律程

序。

(3) 申請根據本條規則給予許可，可藉傳票提出，傳票必須在回報日前7天或之前送達。

(2008年第152號法律公告)

10. 第三方通知書(第77號命令第10條規則)

第 4A 章 - 《高等法院規則》 289

(1) 儘管第16號命令已有規定，須送達官方的第三方通知書(包括憑藉第16號命令第9條規則可

發出的通知書)，未經法庭許可，仍不得發出，而申請批予該許可必須藉傳票提出，傳票並必須送達

原告人及官方。

(2) 除非法庭信納官方管有其所合理需要的所有關於指稱產生官方法律責任的情況和關於有關

的部門及官方人員的資料，否則不得批予許可發出一份如此的通知書以送達官方。

11. 互爭權利訴訟：申請作出針對官方的命令

(第77號命令第11條規則)

除非是應藉在回報日前7天或之前送達的傳票而提出的申請，否則不得根據第17號命令第5(3)條

規則針對官方作出命令。

12. 文件透露及質詢書(第77號命令第12條規則)

(1) 第24號命令第1及2條規則不適用於以官方作為一方的民事法律程序。

(2) 在任何以官方作為一方的民事法律程序中，根據《官方法律程序條例》(第300章)第24(1)

條所賦予的權力而作出的法庭命令，須解釋為不需要披露任何屬下述情況的文件的存在，即政務司

司長認為披露該文件的存在是會損害公眾利益的。 (1997年第362號法律公告)

(3) 凡在任何該等法律程序中，法庭作出命令，指示須以誓章核實因回應一項針對官方作出的

透露命令而擬備的文件清單，則誓章須由法庭所指示的官方人員作出。

(4) 凡在任何該等法律程序中，有命令根據上述第24條作出，命令質詢書須由官方回答，法庭

須指示質詢書須由何位官方人員回答。

(5) (由1991年第404號法律公告廢除)

14. 證據(第77號命令第14條規則)

(1) 如在任何案件中指稱官方在有關的榮譽、名銜、高位或職位或財產中有利害關係或產業

權，可根據第39號命令第15條規則針對官方提起民事法律程序。

(2) 為免生疑問，現宣布法庭就錄取證據而可行使的任何權力，可在子民與子民之間的法律程

序中行使。

15. 命令的執行及履行(第77號命令第15條規則)

(1) 第45至52號命令不適用於任何針對官方的命令。 (見附錄A表格96) 〈* 註─詳列交互參

照：第45、46、47、48、49、49B、50、51、52號命令 *〉

(2) 根據《官方法律程序條例》(第300章)第21條第(1)款的但書要求指示須根據該款就已命令

須付給申請人的訟費(如有的話)另發證明書的申請，可單方面向法庭提出而無須發出傳票。

(3) 任何該等證明書必須採用附錄A表格95或96的格式，以適用者為準。

16. 就債項作扣押等(第77號命令第16條規則)

(1) 不得就官方所欠或累算欠或指稱官方所欠或累算欠的任何款項而作出以下命令或使以下命

令生效─

第 4A 章 - 《高等法院規則》 290

(a) 根據第49號命令就債項作扣押的命令，或

(b) 根據第45號命令委任暫時扣押人的命令，或

(1A) 除非將予強制執行的法庭命令是關於一筆價值最少達$5000的款項，否則不得根據第(2)款

提出申請。

(2) 如向法庭申請根據《官方法律程序條例》(第300章)第23(1)條作出命令，禁止任何人收取

官方所須支付給他的款項並指示將款項支付給申請人或其他人，每一宗申請均必須藉傳票提出，並

且除非法庭另有指示，否則傳票必須─

(a) 在回報日前15天或之前送達官方，及

(b) 在其送達官方後7天或之後並在回報日前7天或之前送達會被禁止收取款項的人或該人

的律師。

(2A)根據第(2)款提出的申請，必須由誓章支持，誓章須─

(a) 列出引致申請的事實；

(b) 述明會被禁止收取款項的人的姓名或名稱及其最後為人所知的地址；

命令支付的款額，及

(d) 識別申請所關乎的該筆官方所欠的債項。

(3) 第49號命令第5及6條規則適用於第(2)款所述的要求作出禁止某人收取官方所須支付給他的

款項的命令的申請，一如該等規則適用於根據第49號命令第1條規則提出的要求就第三債務人欠任何

人的債項作扣押的命令的申請，但法庭並無權力命令針對官方發出執行程序文件。

17. 關於郵包的法律程序(第77號命令第17條規則)

(1) 任何人根據《官方法律程序條例》(第300章)第7(3)條申請許可以郵包的寄件人或收件人或

其遺產代理人的名義提出法律程序，必須藉原訴傳票提出。

(2) 必須使官方以及被申請人尋求以其名義提出法律程序的人，成為根據本條規則發出的傳票

的被告人。

(3) 根據本條規則發出的傳票，必須採用附錄A表格10的格式。

18. 根據《官方法律程序條例》第25條提出的申請

(第77號命令第18條規則)

(2) 《官方法律程序條例》(第300章)第25(2)條所提述的申請，可在審訊前的任何時間藉傳票

向法庭提出，或在法律程序進行審訊時提出。

(2008年第152號法律公告)

命令： 78 移交或轉移至原訟法庭的地方法院法律程序 L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

移交或轉移至原訟法庭的

地方法院法律程序

(1998年第25號第2條)

1. 適用範圍及釋義(第78號命令第1條規則)

第 4A 章 - 《高等法院規則》 291

(1) 凡已根據《區域法院條例》(第336章)第41或42條作出命令將法律程序從區域法院移交原訟

法庭，或已根據《官方法律程序條例》(第300章)第15條作出命令將法律程序從區域法院轉移至原訟

法庭，本命令須得適用。 (2000年第28號第45條)

(2) 凡只是將反申索的法律程序移交，本命令須得適用，猶如正在確立反申索的一方是原告人

而正在對抗反申索的一方是被告人一樣，並且本命令中凡提述原告人及被告人之處亦須據此而解

釋。

(3) 本命令以下條文中凡提述原告人及被告人之處，就藉令狀以外方式而在區域法院開展的法

律程序而言，須解釋為分別提述申請人及答辯人。

(1998年第25號第2條)

2. 人員的職責(第78號命令第2條規則)

司法常務官一經收到關乎有關移交或轉移的文件，必須隨即─ (1988年第356號法律公告；

2008年第152號法律公告)

(a) 將該等文件存檔，並將其存檔一事記入訟案登記冊，

並規定被告人須以書面對通知書作送達認收。 (2008年第152號法律公告)

(1998年第25號第2條)

3. 送達認收(第78號命令第3條規則)

(2008年第152號法律公告)

(1) 被告人必須在收到第2條規則所提述的通知書後7天內以書面對該移交或轉移通知書作送達

認收。 (2008年第152號法律公告)

(2) 凡被告人沒有在有關法律程序移交或轉移至法院前，對藉以在區域法院開展法律程序的令

狀或原訴傳票作送達認收，則他須在收到第2條規則提述的通知書後14天內，按照第12號命令第1、

3、5及9條規則，將送達認收送交存檔。 (2008年第152號法律公告)

4. 因沒有發出擬抗辯通知書而作出的判決

(第78號命令第4條規則)

(1) 如被告人或(如被告人多於一名)所有被告人沒有在第3(2)條規則所訂明的期限內發出擬抗

辯通知書，則原告人在安排將送達地址記入訟案登記冊後，如經法庭許可，可登錄判該名被告人或

該等被告人(視屬何情況而定)敗訴並須支付訟費的判決。 (2008年第152號法律公告)

(2) 申請根據本條規則給予許可，必須藉傳票提出，且儘管第65號命令第9條規則已有規定，傳

票仍必須送達被告人，而被告人的送達地址須為他在該等法律程序在區域法院時的送達地址。

(1998年第25號第2條)

5. 案件管理傳票或簡易判決(第78號命令第5條規則)

(2008年第152號法律公告)

(1) 除非原告人已根據第4(1)條規則登錄判被告人敗訴的判決或已登錄(最終或非正審)判決，

或已根據第19號命令申請判被告人敗訴的判決，否則原告人必須在通知書根據第2條規則發出後7天

內，安排將送達地址記入訟案登記冊，並必須─ (2008年第152號法律公告)

第 4A 章 - 《高等法院規則》 292

(a) 取得須在其後21天或之後作回報的案件管理傳票並將之送達被告人，或

(b) 根據第14號命令第1條規則申請作出判被告人敗訴的判決，但被告人是官方的案件除

外；

而凡有傳票根據(a)段送達被告人，第25號命令第2至7條規則在加以任何必要的變通後須得適用，猶

如該傳票是根據該命令發出的案件管理傳票一樣。

(2) 如原告人沒有在第(1)款所訂明的期限內取得第(1)款所提述的傳票或提出第(1)款所提述的

申請，被告人或任何一名被告人可取得該傳票或申請作出撤銷訴訟的命令。

(3) 法庭在聆訊要求撤銷訴訟的申請時，可施加其認為公正的條款而撤銷訴訟，或將該申請猶

如案件管理傳票一樣處理。

(2008年第152號法律公告)

命令： 79 將審裁處的法律程序移交或轉移至原訟法庭 25 of 1998 01/07/1997

附註：

具追溯力的適應化修訂─見1998年第25號第2條

將審裁處的法律程序移交或轉移至原訟法庭

(1998年第25號第2條)

1. 審裁處的法律程序；移交或轉移至原訟法庭

(第79號命令第1條規則)

(香港) 當有事宜從審裁處移交或轉移至原訟法庭時，除非條例或法院規則另有規定，否則該

事宜須排期在一名聆案官席前處理，而該名聆案官須就法律程序的繼續進行事宜作出他認為適合的

指示。

(1998年第25號第2條)

命令： 80 無行為能力 L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

1. 釋義(第80號命令第1條規則)

在本命令中─

“條例”(the Ordinance) 指《精神健康條例》(第136章)；

“無行為能力的人”(person under disability) 指未成年人或精神上無行為能力的人。 (1997年

第81號第59條)

“精神上無行為能力的人”(mentally incapacitated person) 指《精神健康條例》(第136章)所指

的精神紊亂的人或弱智人士而該人或人士因精神紊亂或弱智(視屬何情況而定)而無能力處理和

管理其財產及事務。 (1997年第81號第59條)

(1997年第81號第59條)

2. 無行為能力的人須由起訴監護人或辯護監護人代為起訴等

(第80號命令第2條規則)

(1) 無行為能力的人，除非是由其起訴監護人代表，否則不得提出任何法律程序或在任何法律

第 4A 章 - 《高等法院規則》 293

程序中提出申索，並且除非是由其辯護監護人代表，否則不得在任何法律程序中作送達認收、作抗

辯、提出反申索或作介入，亦不得在任何根據某判決或命令進行的法律程序(有關通知書已向他送

達)中出庭。 (2008年第152號法律公告)

(2) 除本規則的條文另有規定外，在任何法律程序的一般進行中，由本規則的某項條文規定或

批准該等法律程序的一方作出的任何事情，如該一方是無行為能力的人，須由或可由其起訴監護人

或辯護監護人作出。

(3) 除非是由法定代表律師擔任起訴監護人或辯護監護人，否則無行為能力的人的起訴監護人

或辯護監護人必須由律師代表行事。 (1991年第375號法律公告)

3. 起訴監護人或辯護監護人的委任

(第80號命令第3條規則)

(2) 除非是按第(4)或(5)款或第6條規則的規定，否則無須作出委任某人為無行為能力的人的起

訴監護人或辯護監護人的命令。

(3) 凡某人根據本條例第II部獲授權以精神上無行為能力的人的名義或代表精神上無行為能力

的人進行法律程序，該人即有權在其權限所擴及的任何法律程序中擔任精神上無行為能力的人的起

訴監護人或辯護監護人(視屬何情況而定)，但如在第(4)或(5)款或第6條規則適用的情況下，法庭根

據該款或該條規則委任另一人在該等法律程序中擔任精神上無行為能力的人的起訴監護人或辯護監

護人(視屬何情況而定)，則屬例外。 (1997年第81號第59條)

(4) 凡某人在任何法律程序中曾是或現正是一名無行為能力的人的起訴監護人或辯護監護人，

則其他人無權在該等法律程序中擔任該名無行為能力的人的起訴監護人或辯護監護人(視屬何情況而

定)，但如法庭作出命令，委任其他人為起訴監護人或辯護監護人以代替先前擔任該職的人，則屬例

外。

(5) 凡在任何法律程序開展後，該等法律程序的一方變為精神上無行為能力的人，則必須向法

庭委任某人為該一方的起訴監護人或辯護監護人(視屬何情況而定)。 (1997年第81號第59條)

(6) 除非法庭已為無行為能力的人委任起訴監護人或辯護監護人(視屬何情況而定)，否則─

(a) 不得在訟案或事宜中將任何人的姓名用作無行為能力的人的起訴監護人，

(b) 不得在訟案或事宜中為無行為能力的人作送達認收，及 (2008年第152號法律公告)

向他送達)的聆訊中由其辯護監護人代表出庭，

除非與直至第(8)款所列出的文件已送交登記處存檔。

(8) 第(6)款所提述的文件如下─

(a) 由擬在有關訟案或事宜中擔任無行為能力的人的起訴監護人或辯護監護人(視屬何情況

而定)的人作出的同意擔任該職的書面同意；及

(b) 凡無行為能力的人是精神上無行為能力的人而擬擔任其起訴監護人或辯護監護人的

人，根據本條例第II部獲授權在有關訟案或事宜中以精神上無行為能力的人的名義或

代表精神上無行為能力的人進行法律程序，則有關文件為根據上述第II部作出的命令

或發出的其他授權書的已加蓋高等法院印章的正式文本，而該人是憑藉該命令或授權

書獲如此授權的；及 (1998年第25號第2條)

人是如(b)段般獲授權，否則有關文件為代表無行為能力的人的律師所發出的證明書，

核證─

(i) 他知道或相信(視屬何情況而定)證明書所關乎的人是未成年人或精神上無行為能

力的人，並(如屬精神上無行為能力的人)列明其所知或所信的理由；及

第 4A 章 - 《高等法院規則》 294

(ii)(凡無行為能力的人是精神上無行為能力的人)無人如前所述般獲授權；及

(iii) 在證明書中被指名為起訴監護人或辯護監護人(視屬何情況而定)的人在有關

訟案或事宜中並無相逆於無行為能力的人的利害關係的利害關係，但如該被如此

指名的人是法定代表律師，則屬例外。 (1991年第375號法律公告；1997年第81

號第59條)

6. 在無行為能力的人不作送達認收的情況下委任監護人

(第80號命令第6條規則)

(2008年第152號法律公告)

(1) 凡─

(a) 在一宗藉令狀或原訴傳票開展的針對無行為能力的人進行的訴訟中，並無送達認收在

該宗訴訟中為該人作出，或

(b) 一宗訴訟的被告人向並非已是該宗訴訟的一方的無行為能力的人送達抗辯書及反申索

書，而並無送達認收為該人作出，

則原告人或被告人(視屬何情況而定)必須在作送達認收的時限(就該人而言)後及在繼續進行該宗訴

訟或反申索前，申請由法庭為該人委任辯護監護人。 (2008年第152號法律公告)

(2) 凡一宗訴訟的一方已向並非已是該宗訴訟的一方的無行為能力的人送達第16號命令所指的

第三方通知書，而並無送達認收為該人而對通知書作出，則該一方必須在作送達認收的時限(就該人

而言)後及繼續進行第三方法律程序前，申請由法庭為該人委任辯護監護人。 (2008年第152號法律

公告)

(3) 凡在任何藉呈請書或動議開展的針對無行為能力的人進行的法律程序中，該人在呈請或動

議(視屬何情況而定)的聆訊中並無辯護監護人代表出庭，則聆訊呈請或動議(視屬何情況而定)的法

庭可為該人在法律程序中委任辯護監護人，或指示呈請人或申請人(視屬何情況而定)須申請委任辯

護監護人。

(5) 根據第(1)或(2)款提出的申請必須由證明以下事宜的證據支持─

(a) 申請所關乎的人是無行為能力的人，

(b) 建議擔任辯護監護人的人願意擔任該職並為擔任該職的恰當人選，且在法律程序中並

無相逆於該無行為能力的人的利害關係的利害關係，

無行為能力的人，及

(d) 除第(6)款另有規定外，申請的通知書已在作送達認收的時限屆滿後及通知書所述的申

請聆訊日期前7天或之前如此向他送達。 (2008年第152號法律公告)

(6) 如法庭有此指示，根據第(1)或(2)款提出的申請的通知書，無須送達無行為能力的人。

(7) 為遵從法庭根據第(3)款作出的指示而申請委任辯護監護人，申請必須由證明第(5)(b)款所

提述的事宜的證據支持。

7. 申請撤銷或更改某些命令(第80號命令第7條規則)

如無行為能力的人獲送達根據第15號命令第7條規則單方面作出的命令，則代該人向法庭提出撤

銷或更改該命令的申請─

(a) 如在作出命令的訟案或事宜中，該人有起訴監護人或辯護監護人代為行事，必須在命

令送達該人後14天內提出；

(b) 如在該宗訟案或事宜中該人並無起訴監護人或辯護監護人代為行事，則必須在委任起

第 4A 章 - 《高等法院規則》 295

訴監護人或辯護監護人代該人行事後14天內提出。

8. 無行為能力的人的狀書並不默示承認

(第80號命令第8條規則)

儘管第18號命令第13(1)條規則已有規定，仍不得僅以無行為能力的人未有在其狀書中對在對方

的狀書中作出的任何事實指稱的真實性加以拒認為理由，而將他視為承認該事實指稱屬實。

9. 文件透露及質詢書(第80號命令第9條規則)

第24及26號命令適用於無行為能力的人及其起訴監護人或辯護監護人。

10. 由無行為能力的人作出的妥協等

(第80號命令第10條規則)

凡在任何法律程序中，有款項申索由無行為能力的人或代無行為能力的人提出，則任何和解、

妥協或付款及對繳存法院的款項的接受，不論是在何時訂立或作出，在其是與該人的申索有關的範

圍內如未經法庭批准，概屬無效。

11. 對和解的批准(第80號命令第11條規則)

(1) 凡在有款項申索由無行為能力的人或代無行為能力的人(不論單獨或連同任何其他人)提出

的法律程序開展前，已就該申索的和解達成協議，並意欲取得法庭對該和解的批准，則該申索可在

藉原訴傳票開展的法律程序中提出，且在傳票中亦可申請─ (2008年第152號法律公告)

(a) 法庭批准該和解，並作出使該和解生效所需的命令或指示或根據第12條規則屬於有需

要或合宜的命令或指示，或

(b) (如非申請該等命令或指示)作出關於繼續進行該申索的指示。

(2) 凡在根據本條規則進行的法律程序中，有申索根據《致命意外條例》(第22章)提出，則原

訴傳票必須包括《致命意外條例》(第22章)第5(4)條所述的詳情。

(4) 根據本條規則發出的原訴傳票須採用附錄A表格10的格式。

(5) 在本條規則中，“和解”(settlement) 包括妥協。

12. 對無行為能力的人所討回的款項的控制

(第80號命令第12條規則)

(1) 凡在任何法律程序中─

(a) 有款項由無行為能力的人或代無行為能力的人討回，或有款項經判定或命令或議定須

付給無行為能力的人或為使他受益而支付，或

(b) 繳存法院的款項已獲身為無行為能力的人的原告人接受或由人代他接受，

則該筆款項須按照法庭根據本條規則作出的指示處理而非作其他處理。

(2) 根據本條規則作出的指示可規定該筆款項的全部或任何部分須繳存法院並予以投資，或在

法院以其他方式處理。

(3) 在不損害本條規則的前述條文的原則下，根據本條規則作出的指示可包括法庭認為適合作

出的任何一般或特別指示，特別是關於如何運用或處理款項的指示，以及關於直接或由已繳存法院

第 4A 章 - 《高等法院規則》 296

的款項撥付的向原告人、起訴監護人或原告人的律師作出的付款(不論是在款項轉撥或繳存區域法院

之前或之後作出)的指示，而向起訴監護人作出的付款，是就已為無行為能力的人或已代他或已為使

他受益而支付的款項或招致的開支而作出，或是就無行為能力的人的給養或為在其他方面使他受益

而作出，至於向原告人的律師作出的付款，則是就訟費而作出。 (1998年第25號第2條)

(4) 凡依據根據本條規則作出的指示將款項繳存原訟法庭以作投資或在原訟法庭以其他方式處

理，則除非是按照法庭命令，否則該筆款項(包括其利息)不得予以支出，亦不得將該筆款項所投資

的證券或其派息出售、轉讓或自法院支出。 (1998年第25號第2條)

(5) 本條規則的前述條文適用於由無行為能力的人或代無行為能力的人提出的反申索，猶如其

中提述原告人及起訴監護人之處分別代以被告人及辯護監護人一樣。 (1997年第81號第59條)

13. 第12條規則的補充條文(第80號命令第13條規則)

(香港)(3) 凡命令將款項轉撥或繳存區域法院，司法常務官須將有關判決或命令的蓋章文本送交區

域法院的司法常務官。

(1998年第25號第2條；2000年第28號第47條)

15. 根據《致命意外條例》進行的法律程序：

由法庭作出分配

(第80號命令第15條規則)

(1) 凡有單一筆款項根據第22號命令繳存法院，以了結根據《致命意外條例》(第22章)提出的

訴訟因由，以及根據《法律修訂及改革(綜合)條例》(第23章)第IV或IVA部提出的訴訟因由，而該筆

款項被接受，則法庭須在根據第12條規則(如該條規則適用的話)作出處理該筆款項的指示時，或在

授權自法院支出該筆款項時，將該筆款項在各項不同的訴訟因由之間作分配。

(2) 凡在訴訟中根據《致命意外條例》(第22章)提出申索或由人代表提出申索的人多於一名，

而有款項經判定或命令或議定須就損害賠償而支付以了結該申索，或根據第22號命令繳存法院的款

項已被接受以了結根據該條例產生的訴訟因由，則除非該筆款項已由陪審團在有權取得該筆款項的

人之間作分配，否則須由法庭在他們之間作分配。

本款中提述繳存法院的款項之處，須解釋為包括提述該筆如此繳存的款項中由法庭根據第(1)款

分配給該等條例所指的訴訟因由的該部分款項。

(2008年第152號法律公告)

16. 向無行為能力的人送達某些文件

(第80號命令第16條規則)

(1) 凡在任何法律程序中規定須面交送達文件或須按照第10號命令第1(2)條規則向任何人送達

文件而該人為無行為能力的人，本條規則須得適用。

(2) 除本條規則的以下條文以及第24號命令第16(3)條規則和第26號命令第6(3)條規則另有規定

外，文件必須送達以下的人─

(a) (如屬不是精神上無行為能力的人的未成年人)為其父親或監護人，或如該人並無父親

或監護人，則為與該人同住或照顧該人的人；

(b) (如屬精神上無行為能力的人)為根據本條例第II部獲授權以精神上無行為能力的人的

名義或代表精神上無行為能力的人進行須予送達的文件所關乎的法律程序的人(如有的

話)，或如並無獲如此授權的人，則為與該人同住或照顧該人的人；

第 4A 章 - 《高等法院規則》 297

並必須以本規則就有關文件而規定的方式送達。 (1997年第81號第59條)

(3) 儘管第(2)款已有規定，法庭仍可命令已送達或將送達無行為能力的人或並非該款所述的人

的文件，須當作已妥為送達無行為能力的人。

(4) 如某人是無行為能力的人，則除非法庭另有命令，否則規定該人須作出或不作出任何作為

的判決或命令，為將該人交付羈押而發出的動議通知書或傳票，以及針對該人發出的傳召出庭令

狀，均必須面交送達該人。

本款不適用於就質詢書或文件透露或文件查閱而作出的命令。

命令： 81 合夥人 L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

1. 由在本司法管轄權範圍內的商號

提出及針對該等商號提出的訴訟

(第81號命令第1條規則)

除任何成文法律的條文另有規定外，任何2名或多於2名的人，如聲稱或被指稱作為合夥人而就

一項訴訟因由享有權利或負有法律責任，並且是在本司法管轄權範圍內經營業務，則可以其在有關

的訴訟因由產生時其作為合夥人的商號(如有的話)的名義提出起訴或被起訴。

(2008年第152號法律公告)

2. 披露各合夥人的姓名或名稱(第81號命令第2條規則)

(1) 一宗由各合夥人以商號的名義提出的訴訟的任何被告人，可向各原告人或其律師送達通知

書，要求各原告人或其律師立即向被告人提供關於在訴訟因由產生時商號的所有合夥人的姓名或名

稱以及其居住地點的書面陳述；如該通知書的要求不獲遵從，法庭可命令各原告人或其律師向被告

人提供該陳述書，並以宣誓的方式或命令所指明的其他方式將之核實，或可命令該宗訴訟的進一步

法律程序按法庭所指示的條款而予以擱置。

(2) 當已遵從根據第(1)款發出的通知書或作出的命令而將各合夥人的姓名或名稱宣布後，法律

程序須以商號的名義繼續進行，但其後果是與假若姓名或名稱經被如此宣布的人是在令狀中被指名

為原告人則本會發生的後果相同。

(3) 第(1)款對針對各合夥人(以商號的名義)提出的訴訟具有效力，一如其對由各合夥人以商號

的名義提出的訴訟般具有效力，但提述被告人及原告人之處，須分別代以原告人及被告人，並須略

去自“或可命令”至該款的結尾等字。

3. 令狀的送達(第81號命令第3條規則)

(1) 凡憑藉第1條規則各合夥人以商號的名義被起訴，除非是屬第(3)款所述的情況，否則令狀

可─

(a) 送達任何一名或多於一名合夥人，或

(b) 按合夥經營在本司法管轄權範圍內的主要營業地點，送達於送達之時在該地點控制或

管理合夥經營的業務的人，或

轄權範圍內的主要營業地點送交商號而予以送達； (1992年第165號法律公告)

並除第(2)款另有規定外，凡令狀的送達是按照本款完成者，令狀須當作已妥為送達商號，不論商號

的任何成員是否在本司法管轄權範圍外。

第 4A 章 - 《高等法院規則》 298

(2) 凡令狀是按照第(1)(c)款送達商號者─

(a) 除非顯示情況相反，否則令狀的文本送交商號後第七天(無須理會第3號命令第2(5)條

規則)須當作為送達日期，及

(b) 任何證明令狀已妥為送達的誓章，必須載有具下述意思的陳述─

(i) 宣誓人認為(或如宣誓人是原告人的律師或該律師的僱員，則為原告人認為)令狀

的文本如按有關地址送交商號，便會在其後的7天內為第(1)(a)或(b)款所述的人

的其中一人所知，及

(ii)令狀的文本並無在未有交付收件人的情況下透過郵遞而退回原告人。

(3) 凡就原告人所知，合夥經營在針對商號進行的訴訟開展前已解散，則藉以開展訴訟的令狀

必須送達每一名在本司法管轄權範圍內的被人尋求使其須在訴訟中負法律責任的人。

(4) 每一名根據第(1)(a)或(b)款獲送達令狀的人，在送達之時均須獲發給述明他是以合夥人、

控制或管理合夥經營業務的人抑或以合夥人兼控制或管理合夥經營業務的人的身分獲送達令狀的書

面通知；而任何人如獲如此送達令狀但並無獲發給該通知，則須當作以合夥人的身分而獲送達。

4. 在針對商號進行的訴訟中作送達認收

(第81號命令第4條規則)

(2008年第152號法律公告)

(1) 凡商號的合夥人以合夥人的身分被人以商號的名義起訴，送達認收不得以商號的名義作

出，而只可由商號的合夥人以其本人名義作出，但訴訟則仍須以商號的名義繼續進行。

(2) 凡在一宗針對商號進行的訴訟中，藉以開展該宗訴訟的令狀是以某人作為合夥人而送達某

人，如該人否認他在任何關鍵時間是合夥人或當時須以該身分負法律責任，則該人可對令狀作送達

認收，並在認收書上述明他是作為以被告商號的合夥人身分獲送達令狀的人而對令狀作送達認收，

但他否認他在任何關鍵時間是合夥人。

按照本款所作的送達認收，須視作被告商號所作的送達認收，除非與直至其被作廢。

(3) 凡被告人已根據第(2)款作送達認收，則─

(a) 原告人可以被告人在某關鍵時間是合夥人或當時須以該身分負法律責任為理由，向法

庭申請將該送達認收作廢，或將該問題留待在法律程序的較後階段裁定；

(b) 被告人可以他在某關鍵時間不是合夥人而當時亦無須以該身分負法律責任為理由，向

法庭申請將令狀對他的送達作廢，或可在恰當之時向原告人送達抗辯書，就原告人的

申索而否認他作為合夥人的法律責任或被告商號的法律責任或否認該兩者。

(4) 在某被告人已按照第(2)款作送達認收的訴訟中，法庭可在法律程序的任何階段，應原告人

或該被告人的申請，命令以法庭所指示的方式，在法庭所指示的時間審訊任何關於該被告人的法律

責任或被告商號的法律責任的問題。

(5) 凡在一宗針對商號進行的訴訟中，藉以開展該宗訴訟的令狀是以某人作為控制或管理合夥

業務的人而送達某人，則除非該人當時是被起訴的商號的成員，否則該人不得對令狀作送達認收。

(2008年第152號法律公告)

5. 強制執行針對商號的判決或命令

(第81號命令第5條規則)

(1) 凡有判決或命令針對某商號作出，則除第6條規則另有規定外，可針對該商號在本司法管轄

權範圍內的任何財產發出執行程序文件，以強制執行判決或命令。

(2) 凡有判決或命令針對某商號作出，則除第6條規則及下一款另有規定外，可針對以下的人發

第 4A 章 - 《高等法院規則》 299

出執行程序文件，以強制執行判決或命令─

(a) 已在訴訟中以合夥人身分對令狀作送達認收的人，或 (2008年第152號法律公告)

(b) 已在訴訟中以合夥人身分獲送達傳訊令狀但沒有對之作送達認收的人，或 (2008年第

152號法律公告)

(d) 已被判定為合夥人的人。

(3) 如商號某成員在傳訊令狀發出之時身在本司法管轄權範圍外，則除非屬以下情況，否則不

得針對該成員發出執行程序文件，以強制執行針對商號作出的判決或命令─

(a) 該成員已在訴訟中以合夥人身分對令狀作送達認收，或 (2008年第152號法律公告)

(b) 該成員已在本司法管轄權範圍內以合夥人身分獲送達令狀，或

獲送達令狀；

並且除非第(1)款及本款的前述條文另有規定，否則針對商號作出的判決或命令，不得使在令狀發出

之時身在本司法管轄權範圍外的商號成員須負法律責任、解除該商號成員的法律責任或在其他方面

影響該商號成員。

(4) 凡已取得針對某商號作出判決或命令的一方，聲稱某人須以該商號成員的身分而負法律責

任履行判決或命令，而本條規則的前述條文對該人並不適用，則該一方可向法庭申請許可針對該人

發出執行程序文件，申請須藉傳票提出，傳票並必須面交送達該人。

(5) 凡根據第(4)款提出的申請所針對的人對其法律責任並無爭議，則除第(3)款另有規定外，

聆訊申請的法庭可給予許可對該人發出執行程序文件，而凡該人對其法律責任有所爭議，則法庭可

命令以任何審訊及裁定訴訟的任何爭論點或問題的方式，就該人的法律責任作審訊及裁定。

6. 強制執行在合夥人之間的訴訟中作出的判決

或命令等(第81號命令第6條規則)

(1) 在以下訴訟中作出的判決或命令─

(a) 由商號以商號的名義針對一名商號成員而進行的訴訟，或由一名商號成員針對商號(以

商號的名義)而進行的訴訟，或

(b) 由一間商號以商號的名義針對另一間商號(以商號的名義)而進行的訴訟，而該等商號

有一名或多於一名共通成員，

除非是經法庭許可，否則不得發出執行程序文件將之強制執行。

(2) 聆訊根據本條規則提出的申請的法庭，可作出公正的指示，包括關於製備帳目及進行查訊

的指示。

7. 就商號所欠的債項作扣押

(第81號命令第7條規則)

(1) 即使在本司法管轄權範圍內經營業務的商號有一名或多於一名成員是在本司法管轄權範圍

外居住，仍可就該商號所欠或累算欠的債項而根據第49號命令第1條規則作出命令。

(2) 就前述債項而根據上述第1條規則作出的着令提出反對因由的命令，必須送達商號的一名在

本司法管轄權範圍內的成員或送達一名控制或管理合夥業務的人。

(3) 凡根據上述第1條規則作出的命令規定某商號須在法庭席前出庭，如該商號有一名成員出

庭，即構成對命令的充分遵從。

第 4A 章 - 《高等法院規則》 300

8. 藉原訴傳票開展的訴訟

(第81號命令第8條規則)

第2至7條規則在加以必要的變通後，適用於由合夥人以其商號的名義而藉原訴傳票開展的訴

訟，亦適用於以合夥人的商號的名義針對合夥人而藉原訴傳票開展的訴訟，一如其適用於藉令狀開

展的該等訴訟。

9. 對以另一名稱經營業務的人的適用範圍

(第81號命令第9條規則)

在本司法管轄權範圍內以其本人姓名以外的名稱或稱號經營業務的個人，不論是否身在本司法

管轄權範圍內，均可以該名稱或稱號而被起訴，猶如該名稱或稱號是商號的名稱一樣，而第2至8條

規則在可予適用的範圍內須得適用，猶如該人是一名合夥人及該人用以經營業務的名稱是商號的名

稱一樣。

10. 申請作出對合夥人在合夥財產中的權益施加

押記的命令等(第81號命令第10條規則)

(1) 每一宗由一名合夥人的判定債權人向法庭提出的要求根據《合夥條例》(第38章)第25條(該

條授權原訟法庭或原訟法庭法官就一名合夥人的判定債權人的申請作出某些命令，包括對該名合夥

人在合夥財產中的權益施加押記的命令)作出命令的申請，以及每一宗由有關的判定債務人的一名合

夥人因首述的申請而向法庭提出的申請，均必須藉傳票提出。 (1998年第25號第2條)

(2) 聆案官可行使由上述第25條賦予法官的權力。 (1998年第25號第2條)

(3) 每一張由判定債權人根據本條規則發出的傳票，以及就該張傳票而作出的每一項命令，均

必須送達判定債務人及其在本司法管轄權範圍內的合夥人。

(4) 每一張由判定債務人的一名合夥人根據本條規則發出的傳票，及就該張傳票而作出的每一

項命令，均必須送達─

(a) 判定債權人，及

(b) 判定債務人，及

(5) 只對部分合夥人按照本條規則作出送達的傳票或命令，須當作已送達合夥的所有合夥人。

命令： 82 誹謗訴訟 L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

1. 適用範圍(第82號命令第1條規則)

除本命令的以下各條規則另有規定外，本規則適用於永久形式誹謗或短暫形式誹謗的訴訟。

2. 在永久形式誹謗的訴訟中的申索註明

(第82號命令第2條規則)

在一宗永久形式誹謗的訴訟中發出的令狀，在發出前必須註有一項陳述，提供該宗訴訟所就之

而提出的發布的足夠詳情，以使該等發布能被識別。

第 4A 章 - 《高等法院規則》 301

3. 提供詳情的義務(第82號命令第3條規則)

(1) 凡在永久形式誹謗或短暫形式誹謗的訴訟中，原告人指稱遭投訴的言詞或事宜是含有其一

般涵義以外的誹謗意思，則原告人必須提供他所倚據的支持該意思的事實及事宜的詳情。

(2) 凡在永久形式誹謗或短暫形式誹謗的訴訟中，被告人指稱在遭投訴的言詞是由關於事實的

陳述組成的範圍內，該等言詞在內容及事實上屬實，而在該等言詞是由關於意見的表達組成的範圍

內，該等言詞是就涉及公眾利益的事宜而作出的公允評論，或被告人所訴者具與此相同的意思，則

被告人必須提供有關詳情，述明在遭投訴的言詞中何者是他所指稱的關於事實的陳述，並提供關於

他所倚據以支持指稱該等言詞屬實的事實及事宜的詳情。

(3) 凡在永久形式誹謗或短暫形式誹謗的訴訟中，原告人指稱被告人是惡意地發布遭投訴的言

詞或事宜，則原告人不必在其申索陳述書中提供他所倚據以支持該惡意指稱的事實的詳情，但如被

告人以任何該等言詞或事宜是就涉及公眾利益的事宜而作出的公允評論，或以任何該等言詞是在享

有特權的情況下發布作訴，而原告人又擬指稱被告人是被顯明的惡意所驅動，則原告人必須送達答

覆書，提供可從中推論出有該惡意的事實及事宜的詳情。

(4) 本條規則適用於永久形式誹謗或短暫形式誹謗的反申索，猶如提出反申索的一方是原告人

而被反申索所針對的一方是被告人一樣。

4. 關於款項繳存法院的條文

(第82號命令第4條規則)

(1) 凡在一宗針對多名被共同起訴的被告人提出的永久形式誹謗或短暫形式誹謗的訴訟中，原

告人按照第22號命令接受任何一名該等被告人所繳存法院的款項，以了結他針對該名被告人的訴訟

因由，則儘管該命令已有規定，須只對該名被告人而言將該宗訴訟擱置，但─ (2008年第152號法

律公告)

(a) 根據在該宗訴訟中作出的任何判原告人勝訴任何其他被告人敗訴的判決而可作為損害

賠償予以追討的款項，其款額不得超逾有關的損害賠償款額超逾該宗訴訟已對其予以

擱置的該名被告人所已繳存法院的款項款額(如有的話)之數，及

(b) 原告人無權針對其他被告人取得在有關的款項繳存法院之後他所進行的訴訟的訟費，

但如判給他的損害賠償款額大於已繳存法院並獲他接受的款額，或法官認為他有合理

理由針對其他被告人繼續進行訴訟，則屬例外。 (1998年第25號第2條)

(2) 凡在就永久形式誹謗提出的訴訟中，一方以《誹謗條例》(第21章)第4條所規定的免責辯護

作訴，第22號命令第25條規則即不適用於有關的狀書。 (2008年第152號法律公告)

5. 在公開法庭作出的陳述(第82號命令第5條規則)

(1) 凡一方希望接受已繳存法院的款項以了結就永久形式誹謗或短暫形式誹謗、惡意檢控或非

法禁錮而提出的訴訟因由，該一方可在接受該款項之前或之後藉傳票向一名在內庭的法官提出申

請，要求給予許可按該名法官所批准的內容在公開法庭作出陳述。

(2) 凡就永久形式誹謗或短暫形式誹謗、惡意檢控或非法禁錮提出的訴訟在審訊前已和解而一

方意欲在公開法庭作出陳述，則必須向法庭提出申請，要求命令將訴訟排期審訊，並必須在編定的

審訊日期前將陳述呈交，以取得陳述將在其席前作出的法官批准。

(1991年第404號法律公告；1998年第25號第2條)

6. 在某些案件中不容許作出質詢

第 4A 章 - 《高等法院規則》 302

(第82號命令第6條規則)

在永久形式誹謗或短暫形式誹謗的訴訟中，凡被告人以遭投訴的言詞或事宜是就涉及公眾利益

的事宜而作出的公允評論或是在享有特權的情況下發布作訴，則不容許就被告人的資料來源或所信

之事的理由作出質詢。

7. 減輕損害賠償的證據(第82號命令第7條規則)

在永久形式誹謗或短暫形式誹謗的訴訟中，如被告人並無在其抗辯書中堅稱遭投訴的陳述屬

實，則除非在審訊前7天或之前，被告人向原告人提供他擬就之提出證據的事宜的資料，否則未經法

官許可，被告人無權在審訊時，就有關的永久形式誹謗或短暫形式誹謗是在何種情況下發布或就原

告人的品格提供主問證據，以減輕損害賠償。

(1998年第25號第2條)

8. 根據《誹謗條例》第25條履行賠罪提議

(第82號命令第8條規則)

(1) 根據《誹謗條例》(第21章)第25條向法庭申請就任何關於履行根據該條作出的賠罪提議所

須採取的步驟的問題作裁定，除非申請是在就該提議所關乎的發布而進行的永久形式誹謗或短暫形

式誹謗的法律程序中提出，否則申請必須在內庭向法官提出。 (1998年第25號第2條)

(2) 藉以提出申請的原訴傳票，須採用附錄A表格10的格式。

命令： 83A 放債人訴訟 L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

(香港)第83A號命令

放債人訴訟

1. 適用範圍及釋義(第83A號命令第1條規則)

(1) 除本命令的以下規則另有規定外，本規則適用於放債人訴訟。

(2) 在本規則中─

“放債人”(money lender) 具有《放債人條例》(第163章)第2條給予該詞的涵義；

“放債人訴訟”(money lender's action) 指由貸款人或承讓人為追討放債人所貸出的款項或為強

制執行任何關於經如此貸出的款項的協議或保證而提出的訴訟。

2. 展開放債人訴訟(第83A號命令第2條規則)

(1) 每一宗放債人訴訟均可藉令狀開展。 (2008年第152號法律公告)

(2) 開展放債人訴訟的令狀在發出前，必須註有述明在有關貸款作出或有關合約訂立或有關保

證給予時貸款人是領有牌照的放債人的陳述。

3. 須包括在申索陳述書的詳情

(第83A號命令第3條規則)

第 4A 章 - 《高等法院規則》 303

在放債人訴訟中的每一份申索陳述書(不論是否註於令狀之上)，均必須述明─

(a) 作出貸款的日期；

(b) 實際貸給借款人的款額；

(d) 訂立還款合約的日期；

(g) 已償還的款額；

(h) 已到期須付但未付的款額；

(i) 該筆或該多於一筆未付款項的到期日期；及

(j) 每筆該等款項的應累算而到期未付的利息款額。

4. 因沒有發出擬抗辯通知書或欠缺抗辯書而作出

的判決(第83A號命令第4條規則)

(1) 在放債人訴訟中，除非經法庭許可，否則不得登錄因沒有發出擬抗辯通知書或欠缺抗辯書

而作出的判決。

(2) (a) 申請根據本條規則批予許可，必須藉由誓章支持的傳票提出，而誓章必須─

(i) 證明有關款項是到期並須付的；

(ii)提供第2及3條規則所規定的詳情；及

(iii) 附有任何關於所貸出款項的協議或保證的真實副本作為證物，

而該協議或保證的正本則必須在聆訊傳票時交出。

(b) 儘管第65號命令第9條規則已有規定，傳票、用以支持的誓章的文本和誓章中提述的任

何證物的複本，仍必須在傳票的編定聆訊日期前4整天或之前送達被告人。

(3) 如申請是要求批予許可登錄因沒有發出擬抗辯通知書而作出的判決，則直至對令狀作送達

認收的時限過後為止，不得發出傳票。 (2008年第152號法律公告)

(4) 在聆訊申請時，不論被告人有否出庭，法庭─

(a) 可根據《放債人條例》(第163章)第25條行使法庭的權力；

(b) 如根據本條規則拒絕批予許可登錄就申索或申索的任何部分作出的判決，可作出假若

申請是根據第14號命令第1條規則要求就申索作出判決時法庭本可作出的命令或指示。

5. (由2000年第129號法律公告廢除)

命令： 84A 因租購協議或有條件售賣協議而引致的訴訟 L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

(香港)第84A號命令

因租購協議或有條件售賣協議而引致的訴訟

1. 適用範圍及釋義(第84A號命令第1條規則)

(1) 除以下命令另有規定外，本規則適用於本命令所適用的訴訟。

(2) 本命令適用於任何因租購協議或有條件售賣協議而引致的針對協議所關乎的貨品的租用人

或買方或針對擔保人而提出的訴訟(如開展該訴訟的令狀註有非屬以下申索的金錢申索)─

(a) 就未經算定的損害賠償而提出的申索，或

第 4A 章 - 《高等法院規則》 304

(b) 所申索的款額並不高於已到期須付但未付的租購價的任何一期或多於一期分期付款或

總買價(視屬何情況而定)的款額的申索。

(3) (a) 在本命令中─

“租購協議”(hire-purchase agreement) 指委托保管貨品的協議，而根據該協議，

受寄人可購買有關貨品或有關貨品的產權將會或可能會轉移給受寄人；

“有條件售賣協議”(conditional sale agreement) 指售賣貨品的協議，而根據該協

議買價或其部分可以分期付款方式支付，貨品的產權則仍然留歸賣方(儘管買方將

管有貨品)，直至該協議中指明的關於分期付款的支付或其他方面的條件獲得履行

為止；

“擔保合約”(contract of guarantee)，就一份租購協議、以信貸方式售賣的協議或

有條件售賣協議而言，指應租用人或買方的請求(明示或默示)而訂立的合約，用

以擔保租用人或買方根據該份租購協議、以信貸方式售賣的協議或有條件售賣協

議須負的義務獲得履行，或就擁有人或賣方因該份協議而可能招致的任何損失作

彌償，而“擔保”(guarantee) 須據此而理解；

“買方”(buyer) 就有條件售賣協議而言，指同意根據該協議購買貨品的人，並包括

藉轉讓或法律的施行獲轉移該人根據該協議所享權利或所負法律責任的人；

“租購價”(hire-purchase price) (除(b)段另有規定外)指租用人根據任何租購協議

所須支付的款項的總數，用以完成該協議所關乎的貨品的購買，但不包括任何因

違反該協議而須支付作罰金或作補償或損害賠償的款項；

“總買價”(total purchase price) (除(b)段另有規定外)指買方根據任何以信貸方

式售賣的協議或有條件售賣協議所須支付的款項的總數，但不包括任何因違反該

協議而須支付作罰金或作補償或損害賠償的款項；

“租用人”(hirer) 指根據租購協議從擁有人處取走或已取走貨品的人，並且包括藉

轉讓或法律的施行而獲轉移該人根據該協議所享權利或所負法律責任的人；及

“貨品”(goods)、“買方”(buyer) (除就有條件售賣協議而言)，具有《貨品售賣條

例》(第26章)所分別給予該兩詞的涵義。

(b) 就本命令而言，租用人根據租購協議或買方根據有條件售賣協議所須支付的任何款

項，如是作為訂金或其他初步付款，或是因任何該等訂金或付款而根據該協議已記入

或將記入租用人或買方的貸方，則不論該款項是將付給或已付給擁有人或賣方或任何

其他人，或是藉付款或藉貨品的轉讓或交付或藉其他方法而將獲或已獲清付，均組成

租購價或總買價(視屬何情況而定)的一部分。

2. 須包括在申索陳述書中的詳情

(第84A號命令第2條規則)

本命令所適用的訴訟的每一份申索陳述書(不論是否註於令狀之上)，均必須述明產生第1(2)條

規則所述的申索的情況。

3. 因沒有發出擬抗辯通知書或欠缺抗辯書

而作出的判決(第84A號命令第3條規則)

(1) 在本命令適用的訴訟中，除非經法庭許可，否則不得登錄因沒有發出擬抗辯通知書或欠缺

抗辯書而作出的判決。

(2) (a) 申請根據本條規則批予許可，必須藉由誓章支持的傳票提出，而誓章必須─

第 4A 章 - 《高等法院規則》 305

(i) 提供第2條規則所規定的詳情；及

(ii)附有有關租購協議或有條件售賣協議的真實副本作為證物，而該協議的正本則必

須在聆訊傳票時交出。

(b) 儘管第65號命令第9條規則已有規定，傳票、用以支持的誓章的文本和誓章中提述的任

何證物的複本，仍必須在傳票的編定聆訊日期前4整天或之前送達被告人。

(3) 如申請是要求批予許可登錄因沒有發出擬抗辯通知書而作出的判決，則直至對令狀作送達

認收的期限過後為止，不得發出傳票。 (2008年第152號法律公告)

(4) 原告人必須向聆訊要求根據本條規則批予許可的申請的法庭，交出訴訟所關乎的租購協議

或有條件售賣協議。

(5) 除非聆訊申請的法庭批予許可登錄就所申索的款項而作出的判決，或在具有權力將有關訴

訟移交區域法院時如此行事，否則法庭(不論被告人有否在聆訊時出庭)須審訊該訴訟。 (1998年第

25號第2條)

命令： 85 遺產管理訴訟及相類的訴訟 25 of 1998 01/07/1997

附註：

具追溯力的適應化修訂─見1998年第25號第2條

1. 釋義(第85號命令第1條規則)

在本命令中，“遺產管理訴訟”(administration action) 指為獲得在法庭指示下進行死者遺

產管理而提出的訴訟，以及為獲得在法庭指示下進行信託執行而提出的訴訟。

2. 在沒有作出遺產管理的情況下裁定問題等

(第85號命令第2條規則)

(1) 訴訟可就任何可在遺產管理訴訟中裁定的問題或授予的濟助(視屬何情況而定)而提出，而

在該訴訟中，不必就與有關問題的出現或所尋求的濟助相關連的遺產或信託，提出要求在法庭指示

下進行管理或執行的申索。

(2) 在不損害第(1)款的一般性的原則下，可為裁定任何以下問題而提出訴訟─

(a) 在死者的遺產管理或信託執行中出現的問題；

(b) 關於任何下述類別的人的組成的任何問題，即針對死者遺產有申索的人，或在死者遺

產中有實益權益的人，或在其他受信託規限的財產中有實益權益的人；

據一份遺囑或由於死者未立遺囑而死亡而有權享有權利或權益的人，或聲稱根據一項

信託而實益有權享有權利或權益的人。

(3) 在不損害第(1)款的一般性的原則下，可就任何以下濟助提出訴訟─

(a) 規定遺囑執行人、遺產管理人或受託人須提供帳目(並在有需要時)核實帳目的命令；

(b) 規定須將某人以遺囑執行人、遺產管理人或受託人的身分持有的款項繳存法院的命

令；

(d) 批准某人作為遺囑執行人、遺產管理人或受託人而進行任何售賣、購買、妥協或其他

交易的命令；

(e) 指示須在死者遺產的管理或一項信託的執行中作出任何作為的命令，而該作為是假若

該遺產或該信託(視屬何情況而定)是在法庭指示下進行管理或執行時(視屬何情況而

第 4A 章 - 《高等法院規則》 306

定)屬法庭可命令作出者。

3. 訴訟各方(第85號命令第3條規則)

(1) 遺產管理訴訟或第2條規則所提述的訴訟所關乎的遺產的所有遺囑執行人或遺產管理人，或

該訴訟所關乎的信託的所有受託人(視屬何情況而定)，必須成為該訴訟某方，而凡該訴訟是由遺囑

執行人、遺產管理人或受託人提出，則必須使他們當中任何不同意加入為原告人者成為被告人。

(2) 儘管第15號命令第4(2)條規則已有規定，並在不損害法庭根據該命令具有的權力的原則

下，所有在第(1)款所述的訴訟所關乎的遺產中有實益權益的人，或所有針對該遺產有申索的人，或

所有根據該訴訟所關乎的信託有實益權益的人(視屬何情況而定)，無須成為訴訟某方；但原告人可

在顧及在訴訟中所申索的濟助或補救的性質後使該等人中他認為適合者(不論是該等人的全部或任何

一人或多於一人)成為某方。

(3) 凡在要求在法庭指示下進行死者遺產管理的訴訟中有判決或命令作出，而在根據該判決或

命令進行的法律程序中，有申索由並非訴訟一方的人就債項或其他債務針對該遺產提出，則該遺產

的遺囑執行人或遺產管理人以外的任何一方如無法庭許可，均無權在任何與該申索有關的法律程序

中出庭，而法庭可施加其認為適合的關於訟費或其他方面的條款，指示或容許除遺囑執行人或遺產

管理人之外任何另一方出庭，或指示或容許任何另一方取代遺囑執行人或遺產管理人而出庭。

4. 在藉原訴傳票開展的訴訟中批予濟助

(第85號命令第4條規則)

在遺產管理訴訟或第2條規則所提述的訴訟中，即使訴訟是藉原訴傳票開展，法庭仍可發出或作

出或批予原告人因被告人違反信託、故意失責或其他不當行為而有權取得的證明書或命令及濟助，

但前述條文不影響法庭根據第28號命令第8條規則就該訴訟作出命令的權力。

5. 在遺產管理訴訟中的判決及命令

(第85號命令第5條規則)

(1) 除非法庭認為各方之間有爭議的問題，除根據判令遺產管理或信託執行須在法庭指示下進

行的判決或命令以外，不能以其他方法妥為決定，否則無須作出該判決或命令。

(2) 凡遺產管理訴訟是由死者遺產的債權人提出，或是由聲稱根據一份遺囑或由於死者未立遺

囑而死亡而有權享有權利或權益的人提出，或是由聲稱根據一項信託而實益有權享有權利或權益的

人提出，而原告人指稱遺囑執行人、遺產管理人或受託人(視屬何情況而定)並無提供帳目或所提供

的帳目不足夠，則在不損害法庭的其他權力的原則下，法庭─

(a) 可命令該訴訟中的法律程序在命令所指明的期間擱置，並可命令遺囑執行人、遺產管

理人或受託人(視屬何情況而定)在該段期間內向原告人提供妥當的帳目；

(b) 如為防止其他債權人或聲稱如前般有權享有權利或權益的其他人提出法律程序而有需

要，可就該訴訟所關乎的遺產作出管理的判決或命令，並可在其中包括一項命令，規

定未經法官本人許可，不得根據該判決或命令或根據任何經指示須提供的特定帳目或

進行的特定查訊而進行任何法律程序。 (1998年第25號第2條)

6. 負責進行出售信託財產(第85號命令第6條規則)

凡在遺產管理訴訟中有命令作出以出售任何歸屬遺囑執行人、遺產管理人或受託人的財產，則

第 4A 章 - 《高等法院規則》 307

除非法庭另有指示，否則該等遺囑執行人、遺產管理人或受託人(視屬何情況而定)須負責進行出

售。

命令： 86 為要求強制履行等而提出的訴訟：簡易判決 L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

1. 原告人申請簡易判決(第86號命令第1條規則)

(1) 在任何藉註有以下申索的令狀開展的訴訟中─

(a) 要求強制履行就任何物業的售賣、購買、交換、按揭或押記或就任何物業的租契的批

出或轉讓而訂立的協議(不論是否為書面)的申索，不論是否有要求損害賠償的交替申

索，或

(b) 要求撤銷該協議的申索，或

原告人可以被告人對該訴訟無可抗辯為理由而向法庭申請作出判決。

(2) 不論被告人是否已對令狀作送達認收，針對被告人的申請仍可根據本條規則而提出。

(2008年第152號法律公告)

2. 根據第1條規則提出申請所必須採用的方式

(第86號命令第2條規則)

(1) 根據第1條規則提出的申請，須藉由誓章支持的傳票提出，而誓章須核實訴訟因由所依據的

事實，並述明宣誓人相信訴訟是無可抗辯的。

除非法庭另有指示，否則就本款而言，誓章可載有關於資料或所信之事的陳述以及資料或所信

之事的來源和理由。

(2) 上述傳票必須列出或附有原告人所尋求的判決的紀錄。

(3) 上述傳票、用以支持的誓章的文本和誓章中提述的任何證物的複本，必須於回報日前4整天

或之前送達被告人。

3. 判原告人勝訴的判決(第86號命令第3條規則)

(1) 除非在聆訊根據第1條規則提出的申請時，法庭駁回申請或被告人使法庭信納，有應予審訊

的爭論點或有爭議的問題，或為其他理由訴訟應予審訊，否則法庭可在訴訟中作出判原告人勝訴的

判決。

(2) 法庭可藉命令，並在施加公正的條件(如有的話)後，擱置執行任何根據本條規則作出的判

被告人敗訴的判決，直至被告人在有關訴訟中作出或提出的任何反申索審訊完結為止。 (1988年第

356號法律公告)

4. 抗辯的許可(第86號命令第4條規則)

(1) 被告人可藉誓章或以法庭滿意的其他方法，對根據第1條規則提出的申請提出反對的因由。

(2) 法庭可無條件或施加其認為適合的關於提供保證、審訊的時間或方式或其他方面的條款，

而給予該申請所針對的被告人許可，就訴訟作抗辯。

(3) 法庭在聆訊該申請時，可命令提出反對因由的被告人(或如該被告人為法人團體，則可命令

該法人團體的任何董事、經理、秘書或其他相類的高級人員，或任何看來是以任何該等身分行事的

第 4A 章 - 《高等法院規則》 308

人)─

(a) 交出任何文件；

(b) 出庭並在宣誓後接受訊問(如法庭覺得有特別情況宜於着他如此行事的話)。

5. 指示(第86號命令第5條規則)

凡法庭命令給予被告人許可就訴訟作抗辯，法庭須就訴訟的繼續進行事宜作出指示，而第25號

命令第2至7條規則，在略去第7(1)條規則中規定各方須將一份指明其所要求的命令及指示的通知書

送達的字句並加以任何其他必要的變通後，須得適用，猶如根據第1條規則提出的申請是一份案件管

理傳票一樣。

(2008年第152號法律公告)

6. 訟費(第86號命令第6條規則)

如原告人根據第1條規則提出申請而案件並非在本命令的範圍之內，或如法庭覺得原告人原知道

被告人所倚據的爭議會使被告人有權無條件獲得許可作抗辯，則在不損害第62號命令及特別是第62

號命令第4(1)條規則的原則下，法庭可駁回申請兼判訟費須予支付，並如原告人並非一名受助人的

話，可規定原告人須立即支付有關訟費。

7. 將判決作廢(第86號命令第7條規則)

任何判在根據第1條規則提出的申請的聆訊中未有出庭的被告人敗訴的判決，可由法庭施加其認

為公正的條款而予以作廢或更改。

8. (香港)要求就反申索作出簡易判決的申請

(第86號命令第8條規則)

(1) 凡藉令狀開展的訴訟的被告人已送達一份反申索書針對原告人申索見於第1(1)條規則的濟

助，則被告人可以原告人對該反申索書中提出的申索或其某部分無可抗辯為理由，向法庭申請就該

申索或該部分作出原告人敗訴的判決。

(2) 第2、3、4、5、6及7條規則適用於根據本條規則提出的申請，一如其適用於根據第1條規則

提出的申請，但須加以下列變通，即─

(a) 凡提述原告人及被告人之處，須分別解釋為提述被告人及原告人；

(b) 第3(2)條規則中的“被告人在”及“中作出或提出的任何反申索”等字須予略去；

索。

(1988年第356號法律公告)

9. (香港)繼續進行訴訟或反申索餘下部分的權利

(第86號命令第9條規則)

(1) 凡在根據第1條規則提出申請中，原告人就任何申索或部分申索取得判任何被告人敗訴的判

決，原告人可就任何其他申索或該申索的餘下部分繼續進行有關訴訟，或針對任何其他被告人繼續

進行有關訴訟。

第 4A 章 - 《高等法院規則》 309

(2) 凡在根據第8條規則提出申請中，被告人就在某宗反申索中提出的任何申索或部分申索取得

判原告人敗訴的判決，被告人可就任何其他申索或針對該宗反申索的任何其他被告人繼續進行該宗

反申索。

(1988年第356號法律公告)

命令： 87 債權證持有人訴訟：接管人登記冊 25 of 1998 s. 2 01/07/1997

附註：

具追溯力的修訂─見1998年第25號第2條

1. 接管人登記冊(第87號命令第1條規則)

每一名在就已登記的債權證或已登記的債權股證作強制執行的訴訟中獲法庭委任的接管人，如

被法庭指示須備存一份關於該等債權證或債權股證的轉讓及其所有權的其他傳轉的登記冊(在本命令

中稱為“接管人登記冊”)，則須如此行事。

2. 轉讓等的登記(第87號命令第2條規則)

(1) 凡第1條規則規定接管人須備存接管人登記冊，則在任何憑藉所有權的任何轉讓或其他傳轉

而有權擁有任何債權證或債權股證的人提出申請時，並在交出接管人所合理規定的關於身分及所有

權的證據時，接管人可在符合本條規則的以下條文的規定下，在登記冊上登記所有權的該項轉讓或

其他傳轉。

(2) 在登記一項轉讓前，除非已由誓章證明該項轉讓已妥為執行，否則接管人必須將一份述明

以下事宜的通知書，以郵遞方式按經轉讓的債權證或債權股證的持有人的登記地址送交持有人─

(a) 已有要求登記該項轉讓的申請提出，及

(b) 除非持有人在通知書所指明的期限內通知接管人他反對登記，否則該項轉讓將予登

記，

而任何轉讓均不得予以登記，直至該如此指明的期限已過去為止。

在任何個案中，通知書所指明的期限須為假若已登記的持有人已於通知書經一般郵遞程序應已

在其所致送的地點交付之日的翌日對通知書作出回覆時，該持有人的回覆經一般郵遞程序會送抵接

管人之後7天或更長的時間。

(3) 在根據本條規則登記所有權的轉讓或其他傳轉時，接管人必須在已轉讓或傳轉的債權證或

債權股證證明書(視屬何情況而定)上註明關於此事的備忘錄，備忘錄並須載有對有關訴訟及委任他

為接管人的命令的提述。

3. 申請更正接管人登記冊(第87號命令第3條規則)

(1) 任何人如因接管人根據第2條規則作出的任何事情或任何不作為感到受屈，可向法庭申請更

正接管人登記冊，申請須藉在委任接管人的訴訟中發出的傳票提出。

(2) 上述傳票首先只須送達原告人或負責進行訴訟的另一方，但法庭可命令將上述傳票或申請

通知書送達任何其他看來是有利害關係的人。

(3) 如任何人屬任何要求將其姓名或名稱記入接管人登記冊或自接管人登記冊略去的申請的一

方，則根據本條規則聆訊該申請的法庭，可就任何關於該人的所有權的問題作決定，並可總體而言

就任何為更正登記冊有需要或宜於決定的問題作決定。

第 4A 章 - 《高等法院規則》 310

4. 接管人登記冊為轉讓等的證明

(第87號命令第4條規則)

在接管人登記冊中作出的任何記項，如經接管人或法庭所指示的其他人作出的誓章核實，在委

任接管人的訴訟的所有法律程序中，須為該記項所關乎的所有權的轉讓或傳轉的證據，尤其須就資

產的任何分發而被接納為關於該事的證據，即使轉讓或傳轉是在該訴訟中有證明書發出對債權證或

債權股證證明書的持有人予以核證之後才發生亦然。

5. 不記名債權證等的持有人的所有權的證明

(第87號命令第5條規則)

(1) 本條規則適用於就不記名債權證或公司已就其發行債權股證持有人證明書的債權股證作強

制執行的訴訟。

(2) 即使在訴訟中已有判決作出，並已有證明書發出對第(1)款所提述的債權證或證明書的持有

人予以核證，任何聲稱自己是該等債權證或證明書的持有人的人，如藉交出有關債權證或債權股證

證明書(視屬何情況而定)，連同由交出該債權證或證明書的人簽署的識別證明書而對所交出的債權

證或證明書作出識別，並對其持有人(提供其姓名或名稱及地址)予以核證，則(在不知悉其所有權有

任何欠妥之處的情況下)仍足以證明其所有權。

(3) 凡有第(1)款所提述的債權證或證明書在登記處交出，在訴訟中代表原告人的律師必須安排

在債權證或證明書上註明一項通知，述明─

(a) 其姓名或名稱及地址已在通知中指明的人(即在根據第(2)款交出的識別證明書中被指

名為債權證或證明書的持有人的人)已在登記處登記為債權證或債權股證證明書(視屬

何情況而定)的持有人，及

(b) 除非在派息的支付前有一名新持有人按照第(2)款證明其所有權，否則該人一經交出債

權證或債權股證證明書(視屬何情況而定)，即有權就該債權證或債權股證收取任何派

息，及

開支。

(4) 在訴訟中代表原告人的律師、必須保存任何根據第(2)款交出的識別證明書，並必須備存關

於已如此交出的債權證及債權股證證明書以及其交出人及持有人的姓名或名稱和地址的紀錄，且如

法庭有所規定，則必須以誓章核實該紀錄。

6. 關於付款的規定(第87號命令第6條規則)

(1) 凡在就任何債權證或債權股證作強制執行的訴訟中有付款命令就該等債權證或債權股證作

出，則除非有人向司法常務官交出第(2)款所規定的證明書，或法庭已在有關案件中基於特別理由免

除交出證明書的需要並指示在無證明書的情況下作出付款，否則司法常務官不得就任何該等債權證

或債權股證作出付款。

(2) 為取得任何該等付款，有關債權證或債權股證證明書必須向在訴訟中代表原告人的律師或

法庭所指示的另一人交出，而該律師或另一人則必須在其上註明一項關於付款的備忘錄，並必須製

備及簽署一份證明書，核證該份證明書所列出的陳述已在有關債權證或債權股證證明書(視屬何情況

而定)上註明，以及將該份證明書送交司法常務官。

第 4A 章 - 《高等法院規則》 311

命令： 88 按揭訴訟 L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

1. 適用範圍及釋義(第88號命令第1條規則)

(1) 本命令適用於任何由承按人或按揭人或由有將任何按揭止贖或贖回的權利的人提出的訴訟

(不論是藉令狀或原訴傳票開展)，而在該訴訟(第5A條規則適用的訴訟除外)中有要求獲得任何以下

濟助的申索提出，即─

(a) 支付以該按揭為保證的金錢，

(b) 售賣按揭財產，

(d) 由按揭人或任何其他管有或被指稱管有有關財產的人將管有交付承按人(不論是在止贖

之前或之後或是否有止贖)，

(e) 贖回，

(f) 有關財產的再轉易或獲免作保證，

(g) 由承按人將管有交付。

(2) 在本命令中，“按揭”(mortgage) 包括法律按揭及衡平法按揭，以及法律押記及衡平法押

記，而凡提述按揭人、承按人及按揭財產之處，均須據此解釋。

(3) 本命令所適用的訴訟，在本命令中稱為按揭訴訟。

(4) 除本命令的以下條文另有規定外，本規則適用於按揭訴訟。

4. 就管有而提出的申索：被告人沒有作

送達認收(第88號命令第4條規則)

(2008年第152號法律公告)

(1) 凡在藉原訴傳票開展的按揭訴訟中(在該訴訟中原告人為承按人，並就管有的交付提出申索

或就有關按揭所保證的款項的支付提出申索，或就此兩者提出申索)，任何被告人沒有對原訴傳票作

送達認收，則本條規則的以下條文須得適用，而該等條文中凡提述被告人之處，須解釋為提述任何

該等被告人。

在第28號命令第3條規則或第5(2)條規則規定須向已在訴訟中對原訴傳票作送達認收的被告人送

達任何文件或發給任何通知的範圍內，本條規則不得視為影響該等規則。 (2008年第152號法律公

告)

(2) 原告人必須在首次聆訊原訴傳票的編定日期前4整天或之前，向被告人送達聆訊的指定日期

通知書及支持原訴傳票的誓章文本一份。

(3) 凡原告人就管有的交付提出申索，則送達被告人的誓章文本的摺疊表面必須註有通知，通

知被告人原告人擬在聆訊時申請作出規定被告人須將按揭財產的管有交回原告人的命令，以及藉原

訴傳票申索的其他濟助之中他擬在聆訊時申請的濟助(如有的話)。

(4) 凡聆訊被押後，則除法庭另有指示外，原告人必須在聆訊的編定日期前2整天或之前，向被

告人送達經押後的聆訊的指定日期通知書以及任何擬在該聆訊中使用的進一步誓章的文本一份。

根據本款送達的任何誓章的文本，必須按照第(3)款而註有通知。

(5) 根據第(2)或(4)款作出的送達以及送達的完成方式，如原告人是親自起訴，可藉原告人簽

署的證明書而證明，否則可藉其律師簽署的證明書而證明。

證明書可註在支持有關傳票的誓章或原告人擬在經押後的聆訊中使用的任何進一步誓章(視屬何

情況而定)之上。

(6) 根據第(2)或(4)款送達的誓章文本，無須附有誓章的任何證物的複本。

第 4A 章 - 《高等法院規則》 312

(7) 凡原告人根據第3號命令第6條規則通知被告人他擬進行訴訟，通知書的送達以及送達的完

成方式，可如第(5)款所述般藉經簽署的證明書證明。

5. 就管有或付款提出的訴訟：證據

(第88號命令第5條規則)

(1) 支持藉以開展本條規則所適用訴訟的原訴傳票的誓章，必須符合本條規則的以下條文。

本條規則適用於藉原訴傳票開展的按揭訴訟，而在該訴訟中原告人為承按人，並就管有的交付

提出申索或就有關按揭所保證的款項的支付提出申索，或就此兩者提出申索。

(2) 誓章必須附同按揭的真實副本作為證物，而按揭的正本則必須在傳票的聆訊時交出。

(3) 凡原告人就管有的交付提出申索，誓章必須示明產生管有的權利的情況，且除非法庭在任

何案件或任何類別的案件中另有指示，否則亦必須示明按揭人與承按人之間的帳目狀況，並提供關

於以下各方面的詳情─

(a) 放款的款額，

(b) 規定須作出的按期付款的款額，

(d) 根據按揭仍然欠負的款額。

(4) 凡原告人就管有的交付提出申索，誓章必須提供盡原告人所知每一名正在管有有關按揭財

產的人的詳情。

(5) 如按揭在按揭人與承按人之間設立一項租貸(可隨意終結的租貸除外)，誓章必須示明該項

租貸如何終結及在何時終結，如終結是藉送達通知書作出，則示明通知書是在何時妥為送達。

(6) 凡原告人就有關按揭所保證的款項的支付提出申索，誓章必須證明該筆款項是到期並須予

支付的，並提供第(3)款所述的詳情。

(7) 凡原告人的申索包括申索判決的利息，誓章必須述明日息的款額。

5A. 就藉售賣以強制執行押記令而提出的訴訟

(第88號命令第5A條規則)

(1) 本條規則適用於藉售賣已予押記的財產以強制執行押記令的按揭訴訟。

(2) 用以支持原訴傳票的誓章必須─

(a) 指出尋求予以強制執行的押記及押記的標的物；

(b) 指明押記就之而施加的款額及在誓章的日期尚欠的餘款；

(d) 指出已予押記的財產的任何其他產權負擔，並在所知的範圍內，述明產權負擔持有人

的姓名或名稱及地址以及欠他們的款額；

(e) 列出原告人對售賣已予押記的財產的方式所作的建議，以及對按該方式作出售賣所會

取得的總價及進行該售賣的費用的估計；

(f) (如已予押記的財產是由土地組成，而原告人就土地的管有的交付提出申索)提供盡原

告人所知每一名正在管有已予押記的財產或其任何部分的人的詳情。

6. 藉令狀開展的訴訟：因欠缺行動而作出的判決

(第88號命令第6條規則)

(1) 儘管第13號命令或第19號命令已有規定，在藉令狀開展的訴訟中，除非經法庭許可，否則

第 4A 章 - 《高等法院規則》 313

仍不得登錄因沒有發出擬抗辯通知書或因欠缺抗辯書而作出的判決。

(2) 申請根據本條規則批予許可，必須藉傳票提出，而儘管第65號命令第9條規則已有規定，傳

票仍必須送達被告人。

(3) 凡已發出要求根據本條規則批予許可的傳票，第4(2)至(7)條規則在加以下述變通後即適用

於有關訴訟，即其中提述原訴傳票之處以及第(2)款中提述指定日期通知書之處，均須代以傳票。

(4) 凡要求根據本條規則批予許可的傳票是在某宗訴訟中發出，而該宗訴訟假若是藉原訴傳票

開展第5條規則本對其適用，則支持該傳票的誓章必須載有該條規則所規定的資料。

7. 在贖回訴訟中的止贖

(第88號命令第7條規則)

凡止贖已因要求贖回的按揭訴訟的原告人沒有作出贖回而發生，因發生止贖而受惠的被告人可

藉傳票申請作出將已予押記的財產的管有交付給他的命令，而法庭可就該申請作出其認為適合的命

令。

(2008年第152號法律公告)

命令： 89 丈夫與妻子之間的訴訟 L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

1. 關於財產的問題的裁定

(第89號命令第1條規則)

(香港)(1) 根據《已婚者地位條例》(第182章)第6條進行的法律程序可藉原訴傳票開展。

(2008年第152號法律公告)

2. 關於侵權行為訴訟的條文

(第89號命令第2條規則)

(1) 本條規則適用於任何由婚姻一方在婚姻存續之時針對另一方所提出的侵權行為訴訟。

(2) 在本條規則適用的訴訟中首次有申請藉傳票提出時，法庭須考慮(如有需要則須主動考慮)

應否行使根據《已婚者地位條例》(第182章)第5(2)條所具有的擱置訴訟的權力。 (2008年第152號

法律公告)

(3) 儘管第13號命令或第19號命令已有規定，在本條規則適用的訴訟中，除非經法庭許可，否

則仍不得登錄因沒有發出擬抗辯通知書或因欠缺抗辯書而作出的判決。

(4) 申請根據第(3)款批予許可，必須藉傳票提出，而儘管第65號命令第9條規則已有規定，傳

票仍必須送達被告人。

(5) 如傳票是要求批予許可登錄因沒有發出擬抗辯通知書而作出的判決，則傳票不得在對令狀

作送達認收的時限之前發出。 (2008年第152號法律公告)

命令： 90 關於未成年人的法律程序 L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

3. 申請使未成年人成為受法院監護的人

(第90號命令第3條規則)

第 4A 章 - 《高等法院規則》 314

(1) 凡有一方是未成年人的訴訟正在進行，可在訴訟中藉傳票提出申請，要求使該未成年人成

為受法院監護的人；在任何其他情況下，要求使未成年人成為受法院監護的人的申請，可藉原訴傳

票提出。 (2008年第152號法律公告)

(2) 凡除了未成年人之外並無其他人適合作為被告人，可單方面向司法常務官提出申請，要求

許可發出單方面原訴傳票或以幼年人為被告人的原訴傳票；而除非已批予上述許可，否則不得根據

本條規則初步使未成年人成為原訴傳票的被告人。

(3) 根據本條規則發出的任何傳票的詳情，必須記錄在受監護人登記冊上。

(3A)除非另有指示，否則未成年人的出生日期須在傳票上註明，而原告人須─

(a) 在傳票發出時，或在傳票首次聆訊之時或之前，向登記處遞交一份在根據《生死登記

條例》(第174章)備存的出生登記冊或根據《領養條例》(第290章)保存的領養子女登

記冊(視屬何情況而定)中的關於有關的未成年人的記項的經核證文本，或

(b) 在傳票首次聆訊時，就採用其他方式證明未成年人的出生申請指示。

(3B) 法律程序的每一方的姓名或名稱，須藉在傳票內文中關於該一方對未成年人的權益或

與未成年人的關係的簡短描述而加以形容。

(4) 除非法庭另有指示，否則傳票須述明未成年人的下落或原告人不知其下落(視屬何情況而

定)。

(5) 每一名被告人(未成年人除外)均須在傳票送達他後隨即─

(a) 向登記處遞交通知書，述明被告人的地址及未成年人的下落或述明被告人不知未成年

人的下落(視屬何情況而定)，及

(b) (除非法庭另有指示)將通知書的文本一份送達原告人。

(6) 凡任何一方(未成年人除外)在傳票發出或送達(視屬何情況而定)後，更改其地址或得知未

成年人的下落有任何更改，則除非法庭另有指示，否則該一方須隨即向登記處遞交更改通知書，並

將通知書的文本送達其他每一方。

(7) 傳票須載有將第(5)及(6)款的規定告知被告人的通知。

(8) 在本條規則中，凡提述未成年人的下落之處，即提述他現正居住的地址和現正與他一同居

住的人，以及任何其他關於可在何處找到他的資料。

3A. 由執達主任強制執行命令

(第90號命令第3A條規則)

原訴法庭透過一名聽命於法院的人員而確保任何關於受法院監護的人的指示得獲遵從的權力，

可藉一項致予執達主任的命令而行使。

(1998年第25號第2條)

4. 未成年人何時終止為受法院監護的人

(第90號命令第4條規則)

(1) 憑藉《高等法院條例》第26(2)條成為受法院監護的人的未成年人，一經有傳票根據第3條

規則發出，即在下述時間終止為受法院監護的人─ (1998年第25號第2條)

(a) 如在傳票發出後21天的期限內並無要求指定傳票的聆訊日期的申請提出，為該期限屆

滿之時；

(b) 如在該期限內有要求作該指定的申請提出，則除非聆訊藉傳票提出的申請的法官命令

使未成年人成為受法院監護的人，否則為該申請的裁定之時。 (1998年第25號第2條)

(2) 就法庭根據上述條例第26(3)條具有的命令當其時身為受法院監護的人的未成年人終止為受

第 4A 章 - 《高等法院規則》 315

法院監護的人的權力而言，第(1)款不得視為對之有所影響。

(3) 如在根據第3條規則發出的傳票發出後21天的期限內，並無要求指定該傳票的聆訊日期的申

請提出，則必須在該期限屆滿後隨即在登記處留交通知書，述明申請人是否擬繼續進行已藉傳票提

出的申請。

4B. 聆訊要求使未成年人成為受法院監護的人

的申請(第90號命令第4B條規則)

(香港) 申請使未成年人成為受法院監護的人，可在內庭處置，並須由法官聆訊。

(1998年第25號第2條)

5. 根據《未成年人監護條例》提出的申請

(第90號命令第5條規則)

凡有任何訴訟或其他法律程序待決而未成年人是因該原因而身為受法院監護的人，則任何根據

《未成年人監護條例》(第13章)就該未成年人提出的申請，均可藉在有關的法律程序中發出的傳票

提出；而在任何其他情況下，任何該等申請可藉原訴傳票提出。

(2008年第152號法律公告)

6. 傳票的被告人(第90號命令第6條規則)

(1) 凡有申請根據《未成年人監護條例》(第13章)就其提出的未成年人並非原告人，則除非法

庭另有指示，否則該未成年人不得成為傳票的被告人，或如申請是藉普通傳票提出，傳票不得送達

該未成年人；但除第(2)款另有規定外，須使任何其他看來是與申請有利害關係或受申請影響的人成

為被告人或獲送達傳票(視屬何情況而定)。

(2) 法庭可免除向任何人送達傳票(不論是原訴傳票或普通傳票)，並可命令向任何原來未獲送

達傳票的人送達傳票。

7. 關於監護、贍養等申請的聆訊

(第90號命令第7條規則)

(1) 關於未成年人的監護的申請可在內庭處置，並須由法官聆訊。 (1998年第25號第2條)

(2) 關於未成年人的贍養及預支的申請可在內庭處置。

8. 監護人帳目的核實及通過

(第90號命令第8條規則)

(香港) 監護人帳目，必須按與第30號命令所規定的核實及通過接管人帳目的方式相同的方式

核實及通過，或按法庭所指示的其他方式核實及通過。

10. 將監護程序自區域法院轉移

(第90號命令第10條規則)

(1) 申請根據《未成年人監護條例》(第13章)第24條作出命令將在區域法院的申請轉移至法

第 4A 章 - 《高等法院規則》 316

院，可藉原訴傳票提出，而除非法院另有指示，否則原訴傳票無須送達任何人。 (2008年第152號

法律公告)

(2) 申請可由聆案官聆訊，但如有命令作出將向區域法院提出的申請轉移至法院，則該申請須

由法官聆訊。

(香港)(3A)《區域法院條例》(第336章)第44條第(1)、(2)(但書除外)及(4)款，適用於根據本條規

則被命令移交法院的申請。

(5) 被如此轉移的申請須在法院繼續進行，猶如它是藉原訴傳票提出一樣。

(1998年第25號第2條)

11. 《婚姻訴訟規則》的適用範圍

(第90號命令第11條規則)

(1) 《婚姻訴訟規則》(第179章，附屬法例A)關於根據《婚姻訴訟條例》(第179章)第48條進行

的法律程序的條文，在加以必要的變通後，適用於根據《未成年人監護條例》(第13章)第13(1)、14

及15條進行的法律程序。

(2) 《婚姻訴訟規則》(第179章，附屬法例A)關於命令的草擬及送達的條文，適用於根據本命

令進行的法律程序，猶如它們是根據該等規則進行的法律程序一樣。

命令： 92 存於法院的儲存金的交存、投資等 L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

2. 根據《受託人條例》向法院繳存款項

(第92號命令第2條規則)

(1) 除第(2)款另有規定外，任何希望根據《受託人條例》(第29章)第62條向法院繳存款項的受

託人，必須作出一份列出以下各項的誓章，並將之送交存檔─

(a) 關於信託及設定信託的文書的簡短描述或關於產生信託的情況的簡短描述(視屬何情況

而定)，

(b) 在將會繳存法院的款項或保證物中有權益或有權享有上述款項或保證物的人的姓名或

名稱及地址(以該受託人所知為限)，

(d) 可將關於繳存法院的款項或保證物的任何傳票或命令或任何法律程序的通知書送達該

受託人的地址。

(2) 凡上述款項或保證物是一名未成年人或一名在香港以外居住的人絕對有權享有的遺贈或剩

餘遺贈或其任何份額，即不需要根據第(1)款送交誓章存檔，而上述款項或保證物則可按當其時有效

的《高等法院訴訟人儲存金規則》(第4章，附屬法例B)所訂明的方式繳存法院。 (1998年第25號第

2條)

4. 交存通知書(第92號命令第4條規則)

任何已按照第2條規則將款項或保證物交存法院的人，必須隨即將交存通知書送達每一名在作出

交存所據的誓章中看來是有權享有所交存的款項或保證物的人或在其中有權益的人。

5. 關於存於法院的儲存金的申請

(第92號命令第5條規則)

第 4A 章 - 《高等法院規則》 317

(1) 凡向法庭申請─

(a) 將存於任何訟案或事宜貸方的任何存於法院的儲存金支付或轉撥給任何人，或將任何

該等儲存金轉撥另一帳戶，或將該等儲存金所包含的任何保證物或款項的任何派息或

利息支付給任何人；

(b) 將存於法院的任何儲存金作投資或將投資更改；

的派息或利息支付；或

(d) 將(c)段所述的任何儲存金支付或自法院轉出，

申請可在內庭處置。

(2) 除第(3)款另有規定外，任何該等申請均必須藉傳票提出，且除非申請是在待決的訟案或事

宜中提出，或先前已有為同一目的提出的申請藉呈請或原訴傳票提出，否則傳票必須是原訴傳票。

(3) 凡根據第(1)(d)款提出的申請按規定須藉原訴傳票提出，如該申請所關乎的儲存金價值不

超逾$50000，申請可單方面向聆案官提出，而聆案官可對申請作處置或指示申請須藉原訴傳票提

出。除非另有指示，否則根據本款提出的單方面申請須藉誓章作出。

(5) 本條規則不適用於任何要求根據第22A號命令作出命令的申請。 (2008年第152號法律公

告)

命令： 93 《更改信託條例》 23 of 2002 19/07/2002

6. 根據《更改信託條例》提出的申請

(第93號命令第6條規則)

(2) 凡藉原訴傳票根據《更改信託條例》(第253章)第3條提出申請，除了任何在原訴傳票中是

必要及恰當的被告人的人之外，財產授予人及任何其他已為申請所關乎的信託的目的而提供財產的

人，如仍活着及並非原告人，則除非法庭因某特別理由而另有指示，否則亦必須使其成為被告人。

14. (由2002年第23號第126條廢除)

命令： 95 《賣據條例》及《破產條例》 25 of 1998 s. 2 01/07/1997

附註：

具追溯力的修訂─見1998年第25號第2條

1. 更正登記冊(第95號命令第1條規則)

(1) 每一項根據《賣據條例》(第20章)第20條向法庭申請作出以下命令的申請─

(a) 藉延展登記期限，將任何在該條例所訂明的期限內登記賣據或其續期誓章的遺漏更

正，或

(b) 藉在登記冊加上任何被漏報或誤報的人的真實姓名或名稱、住址或職業，將任何關於

該人的姓名或名稱、住址或職業的漏報或誤報更正，

必須藉誓章單方面向聆案官提出。

(2) 每一項要求作出如第(1)款所描述般的命令的申請，均須由誓章支持，而誓章須列出有關賣

據及有關遺漏、漏報或誤報的詳情，並須述明提出申請所據的理由。

第 4A 章 - 《高等法院規則》 318

2. 清償紀錄(第95號命令第2條規則)

(1) 每一項根據《賣據條例》(第20章)第21條向聆案官申請命令在賣據的登記副本寫上清償備

忘錄的申請─

(a) (如能取得由有權享有賣據的利益的人對清償簽署的同意)必須單方面提出；

(b) 在所有其他情況下，必須藉原訴傳票提出。

(2) 根據第(1)(a)款提出的單方面申請，必須由以下各項支持─

(a) 該款所提述的同意書的詳情；及

(b) 由見證同意書的證人作出的核實同意書上的簽署的誓章。

(3) 根據第(1)(b)款發出的原訴傳票，必須送達有權享有賣據的利益的人，並必須由證明賣據

是為其訂立的債項(如有的話)已經清償或解除的證據支持。

(4) 根據第(1)(b)款發出的原訴傳票須採用附錄A表格10的格式。

3. 禁止在售賣被檢取的貨物時將其移走

(第95號命令第3條規則)

根據《賣據條例》(第20章)第14條的但書必須藉以向法庭提出申請的原訴傳票，須採用附錄A表

格10的格式。

4. 翻查登記冊(第95號命令第4條規則)

司法常務官在接獲請求提供足夠詳情的書面請求及在訂明費用已繳付後，須安排翻查賣據登記

冊，並發出關於翻查結果的證明書。

6. 帳面債項的轉讓(第95號命令第6條規則)

(1) 登記處須繼續備存一份帳面債項轉讓登記冊。

(2) 每一項要求根據《破產條例》(第6章)第48條登記帳面債項的轉讓的申請，均須藉在登記處

交出以下文件而提出─

(a) 轉讓書及其每一附表的真實副本，及

(b) 核實轉讓在宣誓人面前作出的日期及時間以及轉讓已在宣誓人面前妥為簽立的誓章，

誓章亦須列出轉讓的詳情及轉讓各方的詳情。

(3) 申請一經按照前款提出，該款所提述的文件即須送交存檔，而轉讓的詳情及轉讓各方的詳

情則須記入登記冊。

命令： 100 《商標條例》 L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

2. 根據《商標條例》提出的上訴及申請

(第100號命令第2條規則)

(1) 每一宗根據《商標條例》(第559章)向法院提出的上訴，均須由單一名法官聆訊及裁定。

(1998年第25號第2條；2000年第35號第98條)

(2) 除第3條規則另有規定外，每一項根據該條例向法院提出的申請，均可藉採用附錄A表格10

格式的原訴傳票開展。 (2008年第152號法律公告)

第 4A 章 - 《高等法院規則》 319

(3) 藉以提出任何該等申請的傳票，必須送達商標註冊處處長。 (2008年第152號法律公告)

(4) 凡商標註冊處處長將根據該條例向他提出的申請轉交法院，則除非申請人在接獲決定轉交

的通知後1個月內向法院提出該已被轉交的申請，否則須當作申請人已放棄申請。

(5) 商標註冊處處長可應任何有利害關係的人提出申請延展就第(1)款所適用的上訴而訂明的期

限，亦可延展第(4)款就該款所適用的申請或上訴而訂明的期限，而即使申請是在期限屆滿後才提

出，期限仍可如此延展，但前述條文不得視為影響法庭根據第3號命令第5條規則延展期限的權力。

(6) (由2000年第35號第98條廢除)

3. 就侵犯註冊商標而進行的法律程序：註冊的

有效性有所爭議(第100號命令第3條規則)

(1) 凡在任何法律程序中有要求就註冊商標的使用權利受到侵犯而給予濟助的申索提出，申索

所針對的一方，可在其抗辯書中將該商標註冊的有效性提出作為爭論點，或可提出反申索，要求作

出藉取消或更改有關記項而改正商標註冊紀錄冊的命令，或可作出上述兩項事情。

(2) 任何該等法律程序的一方，如在其狀書(不論是抗辯書或反申索書)中對某註冊商標的註冊

的有效性提出爭議，則必須在送達狀書時亦送達反對該註冊的有效性的詳情，而該等詳情是其所倚

據以支持其指稱註冊為無效者。

(3) 任何該等法律程序的一方，如提出反申索，要求作出改正商標註冊紀錄冊的命令，則必須

將反申索書的文本一份，連同第(2)款所述的詳情的文本一份，送達商標註冊處處長；而商標註冊處

處長有權按他認為適合者而參與該等法律程序，但除非是法庭命令他需送達抗辯書或其他狀書，否

則他無須如此行事。

命令： 102 《公司條例》及《公司(清盤及雜項條文)條例》* L.N. 163 of 2013 03/03/2014

1. (由2012年第28號第912及920條廢除)

2. 藉原訴傳票提出的申請(第102號命令第2條規則)

(2008年第152號法律公告)

(1) 除在關於公司清盤的法律程序中提出的申請、依據《公司條例》(第622章)第724條提出的

申請及第5條規則所述的申請外，每一項根據該條例或《公司(清盤及雜項條文)條例》(第32章)提出

的申請，均可藉原訴傳票提出。 (2008年第152號法律公告)

(2) 根據本條規則發出的原訴傳票須採用附錄A表格10的格式，但如藉傳票提出的為下述申請，

則屬例外─

(a) 根據《公司條例》(第622章)第675條申請命令以對該條第(2)款所述的所有或任何事宜

作出規定，而先前已有認許與申請有關的妥協或債務償還安排的命令作出，或

(b) 根據《公司(清盤及雜項條文)條例》(第32章)第302條申請作出命令，指示公司的接管

人或經理人就該條第(1)款所述的失責行為作出補救，或

條申請作出命令，指示公司或公司的任何高級人員就該條所述的失責行為作出補救。

(3) (由2003年第28號第120條廢除)

(4) 根據《公司條例》(第622章)第733條提出的免除送達該條所規定的書面通知的許可的申

請，可藉單方面原訴傳票提出。 (2005年第80號法律公告)

(2012年第28號第912及920條)

第 4A 章 - 《高等法院規則》 320

3- 4.(由2008年第152號法律公告廢除)

5. 藉呈請書提出的申請(第102號命令第5條規則)

(1) 以下申請必須藉呈請書提出— (2012年第28號第912及920條)

(a) 根據《公司條例》(第622章)第89(5)條申請取消修改私人公司宗旨，（2003年第28

號第120條）

(b) 根據《公司條例》(第622章)第90(4)條申請取消對該條例第90(10)條所界定的有關公

司的組織章程細則所載條文的修改，（2003年第28號第120條)

(c)-(e) (由2012年第28號第912及920條廢除)

(f) 根據《公司條例》(第622章)第226條申請對減少公司股本予以確認，

(g) 根據《公司條例》(第622章)第182條申請否決更改或廢止附於公司的任何股份類別的

股份的權利，

(ga) 根據《公司條例》(第622章)第190條申請否決更改或廢止無股本公司的任何類別

成員的權利， (2012年第28號第912及920條)

(h) 根據《公司條例》(第622章)第673條申請對公司與其債權人或任何類別的債權人之間

或公司與其成員或任何類別的成員之間的妥協或債務償還安排予以認許，

(i) 根據《公司條例》(第622章)第765條申請將公司恢復列入公司登記冊的申請，而該申

請是與要求將公司清盤的申請一併提出的，

(j) 根據《公司條例》(第622章)第817條申請取消修改公司的組織形式，及

(k) 根據《公司條例》(第622章)第904條申請寬免公司的某高級人員或獲公司聘用為核數

師的人的法律責任。

(2012年第28號第912及920條)

6. 法律程序的標題(第102號命令第6條規則)

(2) 每一份藉以開展任何該等法律程序的原訴傳票及呈請書，以及在該等法律程序中的所有誓

章、通知書及其他文件，均必須以有關所涉公司事宜和以有關《公司條例》(第622章)或《公司(清

盤及雜項條文)條例》(第32章)事宜為標題。 (2008年第152號法律公告；2012年第28號第912及920

條)

(3) (由2003年第28號第120條廢除)

7. 案件管理傳票(第102號命令第7條規則)

(2008年第152號法律公告)

(1) 在提交藉以提出第5條規則所述的任何申請的呈請書後，除非呈請人的申請是第(2)款所述

者，否則呈請人必須根據本條規則取得案件管理傳票。 (2008年第152號法律公告)

(2) 第(1)款所提述的申請為─

(a) (由2012年第28號第912及920條廢除)

(b) 根據《公司條例》(第622章)第673條申請對某項安排或妥協予以認許(但如就該項認許

提出的呈請包括申請根據《公司條例》(第622章)第675條作出命令則除外)，及

第28號第912及920條)

(3) 法庭在聆訊傳票時，可藉命令就聆訊呈請書前所進行的法律程序作出其認為適合的指示，

第 4A 章 - 《高等法院規則》 321

尤其包括刊登公告及進行任何查訊的指示。

(4) 凡藉呈請書提出的申請是要求對減少公司的股本予以確認，則在不損害第(3)款的一般性的

原則下，法庭可作出指示─ (2012年第28號第912及920條)

(a) 就公司的債項及針對公司的申索或就任何類別的該等債項或申索進行查訊；

(b) 規定為議定有權反對上述減少的債權人列表所須進行的法律程序，並定出編製該列表

所須依據的日期；

而法庭根據《公司條例》(第622章)第226(3)條而具有的指示該條例第227條不適用於某類別或某些

類別的債權人的權力，可在傳票的任何聆訊中行使。 (2012年第28號第912及920條)

(5) 第8至13條規則具有效力，但須受法庭根據本條規則作出的任何指示規限。

8. 就債項進行查訊：公司須編製債權人列表

(第102號命令第8條規則)

(1) 凡法庭根據第7條規則命令進行該條規則第(4)款所述的查訊，有關公司必須在命令作出後7

天內，將一份由公司的一名有資格作出誓章的高級人員所作出的誓章送交登記處存檔，以核實載有

以下資料的列表─

(a) 每一名對查訊所擴及的任何債項或申索享有權利的債權人的姓名或名稱及地址，

(b) 就該債項或申索而須付給每一名債權人的款額，或如債項或申索是繫於任何或有事件

的發生，或僅是要求損害賠償，或是因某些原因而無明確價值，則為關於該債項或申

索的價值的公正估計，及

(2) 宣誓人必須在誓章中述明他相信在被法庭定為編製該列表所須依據的日期當日，並無任何

假若該日期是公司開始清盤的日期本可獲接納為針對公司的證據的債項或申索(在該列表中列出的債

項或申索以及查訊所未擴及的債項或申索除外)，亦必須述明他得知他所宣誓作證的事宜的途徑。

(3) 列表須不遲於誓章送交存檔後1天留交第(1)款所述的辦事處。

9. 查閱債權人列表(第102號命令第9條規則)

(1) 根據第8條規則編製的列表的文本，在略去須付給每一名債權人的款額及任何債權人對之享

有權利的債項或申索的估計價值(除非法庭另有指示)後，須備存於公司的註冊辦事處及公司的律師

的辦事處。

(2) 任何人均有權在一般辦公時間內，經繳付$1的費用後，在任何該等辦事處查閱該列表並摘

錄其內容。

10. 給予債權人的通知書(第102號命令第10條規則)

在將第8條規則所規定的誓章送交存檔後7天內，公司必須以郵遞方式按附於誓章作為證物的列

表中所指名的每一名債權人的最後為人所知的地址，向每一名該等債權人送交一份述明以下詳情的

通知書─

(a) 所尋求予以確認的減少款額，

(b) 就債項及申索指示須予進行查訊的命令的效力，

(d) 法庭所定出的如他聲稱有權享有更大的款額則他必須將其債項或申索的詳情以及其律

師(如有的話)的姓名及地址送交公司的律師的時限。

第 4A 章 - 《高等法院規則》 322

11. 就呈請書及債權人列表刊登公告

(第102號命令第11條規則)

在將第8條規則所規定的誓章送交存檔後，公司必須在法庭所指示的時間，在法庭所指示的報章

刊登公告，述明─

(a) 提交呈請書的日期以及藉呈請書所尋求的予以確認的款額，

(b) 法庭根據第7條規則命令進行的查訊，

(d) 任何並無在該列表中被指名而又聲稱對上述查訊所擴及的任何債項或申索享有權利的

債權人，必須將其姓名或名稱及地址、其律師(如有的話)的姓名及地址以及其債項或

申索的詳情送交公司的律師的時限。

12. 關於債權人所提出的申索的誓章

(第102號命令第12條規則)

公司必須在法庭所指示的時限內，將一份由公司的律師及公司的一名有資格作出誓章的高級人

員作出的誓章送交登記處存檔，誓章須─

(a) 證明第10條規則所述的通知書已予送達及第11條規則所述的通知書已刊登公告，

(b) 核實載有依據該等通知書送交債項或申索的詳情的人(如有的話)的姓名或名稱及地址

的列表，並指明每一債項或申索的款額，

公司所爭議者、部分為公司所爭議者、完全被公司指稱在查訊範圍以外者或部分被公

司指稱在查訊範圍以外者，如屬部分者，亦指明有關的部分，及

(d) 述明在根據第8條規則編製的列表中被指名的人中以及在根據本條規則編製的列表中被

指名的人中，何人已獲付款或同意所尋求的予以確認的減少。

13. 有爭議的申索的判決(第102號命令第13條規則)

如公司提出爭議，指稱某人無權就任何債項或申索而名列債權人列表，或指稱某人無權就他就

某債項或申索所申索的全數而名列債權人列表，則除非公司願意撥出該債項或申索的全數以保證償

付該債項或申索，否則如法庭有此指示，公司必須以郵遞方式，按該人的最後為人所知的地址向該

人送交通知書，規定該人─

(a) 須在通知書所指明的時限內(不少於通知書送達後4整天)將一份誓章送交存檔，證明該

人的債項或申索不獲公司承認或債項或申索中不獲公司承認的部分(視屬何情況而

定)，及

(b) 須按通知書所指明的地點及時間(即法庭為債項或申索的審裁而指定的時間)，出席其

債項或申索的審裁。

14. 核證有權反對作出減少的債權人的列表

(第102號命令第14條規則)

由法庭根據《公司條例》(第622章)第227條議定的有權反對作出第7(4)條規則所述的減少的債

權人的列表，須由司法常務官核證及存檔，而其證明書須─ (2012年第28號第912及920條)

第 4A 章 - 《高等法院規則》 323

(a) 指明不獲法庭批准的債項或申索(如有的話)，

(b) 將債項或申索區分為全數獲公司所承認者(如有的話)、公司雖然不承認其全數卻願意

將其全數撥出者(如有的話)、其款額經由根據《公司條例》(第622章)第227條作出的

法庭判決釐定者(如有的話)及其他債項或申索； (2012年第28號第912及920條)

申索的總款額； (2012年第28號第912及920條)

(d) 表明債權人之中同意該項減少的債權人以及其債項或申索的總款額；

(e) 指明尋求根據第13條規則證明其債項或申索的債權人，並述明該等債項或申索中何者

獲得批准。

15. 債權人同意的證據(第102號命令第15條規則)

債權人對第7(4)條規則所述的減少的同意，可以法庭認為足夠的方式證明。

16. 聆訊就確認減少而提出的呈請的時間等

(第102號命令第16條規則)

(1) 凡法庭已依據第7(4)條規則指示須進行查訊，則在第14條規則所述的證明書存檔後最少8整

天屆滿前不得聆訊就確認第7(4)條規則所述的任何減少而提出的呈請。

(2) 在聆訊呈請前，指明該聆訊的指定日期的通知必須按法庭所指示的時間，在法庭所指示的

報章刊登公告。

17. (由2012年第28號第912及920條廢除)

____________________________________________________________________

註：

* (2012年第28號第912及920條)

命令： 103 《專利註冊條例》：1949至1961年及1977年《專利法令》 *

L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

1. 定義(第103號命令第1條規則)

在本命令中─

“法令”(the Act) 指《1977年專利法令》#(1977 c. 37 U.K.)；

“現存的專利”(existing patent) 指法令第127(2)(a)或(c)條所述的專利；

“條例”(the Ordinance) 指《專利註冊條例》(第42章)。

19. 就侵犯專利而提出的訴訟：狀書的詳情

(第103號命令第19條規則)

(1) 就侵犯專利而提出訴訟的原告人，必須將其所倚據的侵犯專利詳情，連同其申索陳述書一

併送達。

(2) 如訴訟的被告人對專利的有效性有爭議，他必須將他所倚據以支持指稱專利無效的反對詳

情，連同其抗辯書一併送達。

(3) 如訴訟的被告人指稱在專利被侵犯時，有一項由原告人訂立或作出或經原告人同意而訂立

第 4A 章 - 《高等法院規則》 324

或作出的關於專利的合約或特許在生效當中，並指稱該合約或特許載有一項因法令第44條而屬無效

的條件或條款，以作為對訴訟的抗辯，則他必須向原告人送達每一項該等合約或特許的日期及各方

的詳情以及每一項該等條件或條款的詳情。

(4) 訴訟的被告人如在訴訟中藉反申索申請根據條例第8(1)條作出宣布，則必須將他所倚據以

支持其反申索的理由的詳情，連同其反申索書一併送達。

20. 侵犯專利的詳情(第103號命令第20條規則)

侵犯專利的詳情，必須指明被指稱受到侵犯的是專利的說明書所載的權利要求之中的甚麼權利

要求，並必須就每一種指稱的侵犯提供最少一項實例。

21. 反對的詳情(第103號命令第21條規則)

(1) 對專利的有效性所作出的反對的詳情，必須述明對專利的有效性提出爭議所據的每一項理

由，並必須包括可清楚界定擬提出的每一項爭論點的詳情。

(2) 如反對的詳情中所述明的理由包括欠缺新穎性或欠缺任何具發明性的步驟，該等詳情必須

述明所倚據的每一項先前已有的公布或用途的方式、時間及地點，如指稱先前已有此用途，並─

(a) 必須指明被指稱曾作該用途的每一人的姓名或名稱，

(b) 必須述明是否指稱該用途一直持續至有關的權利要求或發明(視乎何者適用而定)的優

先權日期，如不作此指稱，則述明指稱該用途出現的最早及最近的日期，

(d) 如該用途是與機器或器具有關，則必須述明有關機器或器具是否存在以及可在何處對

其進行檢查。

(3) 如在現存專利的個案中─

(a) 反對的詳情中所述明的理由之一是有關發明就完備的說明書的任何權利要求所要求者

而言，並無用處，及

(b) 就該理由而言，有關一方擬倚據下述事實，即屬任何該等權利要求標的之發明，其樣

本完全不能予以使用或不能如說明書所描述般予以使用，

則有關詳情必須述明該事實及識別每一項該等權利要求，並必須包括每一個該等樣本的詳情，指明

該樣本被指稱為不能予以使用的各方面，或不能如說明書所描述般予以使用的各方面。

22. 詳情的修訂(第103號命令第22條規則)

在不損害第20號命令第5條規則的原則下，法庭可在法律程序的任何階段，施加關於訟費或其他

方面的公正條款而容許一方修訂根據本命令的前述條文送達他的任何詳情。

23. 更詳盡的詳情(第103號命令第23條規則)

法庭可在法律程序的任何階段，命令一方向任何另一方送達侵犯專利或反對的更詳盡或更清楚

的詳情。

24. 對接納證據的限制(第103號命令第24條規則)

(1) 如任何指稱的侵犯專利或任何對專利的有效性所作出的反對，並無在侵犯或反對(視屬何情

第 4A 章 - 《高等法院規則》 325

況而定)的詳情中提出，則除非獲聆訊關於專利的任何訴訟或其他法律程序的法官許可，否則均不得

接納任何證據為該項侵犯或反對的證明。

(2) 在關於專利的任何訴訟或其他法律程序中，除非聆訊有關法律程序的法官容許，否則任何

與載於對專利的有效性所作出的反對的詳情的陳述不符合的證據，不得予以接納作支持該反對之

用。

(3) 如任何被指稱是在第21(2)(b)條規則所述的優先權日期前已有使用的機器或器具，在反對

的詳情的送達日期是存在的，則除非已證明倚據該用途的一方有向法律程序的其他各方提出讓其檢

查該機器或器具(如是由他管有的話)，或有盡力為上述各方取得檢查該機器或器具的機會(如不是由

他管有的話)，否則不得接納關於機器或器具在此日期前已有使用的證據。

(1998年第25號第2條)

25. 就侵犯專利而進行的法律程序：承認必須予以請求

(第103號命令第25條規則)

(1) 在就侵犯專利而提出的訴訟中(不論是否有申索任何其他濟助)，每一方均必須在答覆書或

回答書送達後或答覆書或回答書的編定送達期限屆滿後14天內，如他為進行該訴訟或法律程序而要

求每另一方作出承認，則須發信給每另一方，要求其作出承認，而接獲請求的一方，則必須在接獲

請求後14天內，以書面回覆作出承認或述明他拒絕作出承認。

(2) 不得作出命令批准任何該等訴訟或法律程序的一方向任何另一方送達任何質詢書，但如首

述一方已按照第(1)款請求該另一方對尋求藉對質詢書所作的回答而證明的事實加以承認，而該另一

方拒絕或沒有遵從該請求，則屬例外。

26. 就侵犯專利而進行的法律程序：案件管理傳票

(第103號命令第26條規則)

(2008年第152號法律公告)

(1) 在第25(1)條規則所提述的訴訟及法律程序中，原告人或上訴人─

(a) 必須在接獲對根據第25(1)條規則提出的請求所作的最後答覆的日期或作出該答覆的編

定期限屆滿的日期(以先發生者為準)後一個月內，或

(b) (如該訴訟或法律程序並無任何一方請求作出承認，則)必須在答覆書或回答書送達後

或答覆書或回答書的編定送達期限屆滿後一個月內，

就審訊地點及方式取得案件管理傳票，而傳票須在21天或之後作回報；如原告人或上訴人並不按照

本款取得傳票，則被告人或答辯人(視屬何情況而定)可如此行事。 (2008年第152號法律公告)

傳票可在內庭或法庭聆訊，按法庭認為適合者而定。

(2) 聆訊根據本條規則發出的傳票的法庭，可就以下或其他事宜作出法庭認為有需要或合宜的

指示─

(a) 送達進一步的狀書或詳情，

(b) 文件透露，

(d) 藉誓章錄取關於需要專家知識的事宜的證據，將該等誓章送交存檔並向其他各方送達

誓章的文本，

(e) 由任何意欲呈交實驗證明的一方向其他各方送達擬進行的實驗的全部及確實詳情以及

他聲稱該實驗證明所能確立的事實，

(f) 作出實驗、測試、檢查或報告，

第 4A 章 - 《高等法院規則》 326

(g) 作為初步爭論點而聆訊可能出現的任何問題(包括關於說明書或其他文件的解釋的任何

問題)，

以界定及局限須予審訊的爭論點、限制會在任何特定爭論點的審訊中被傳召的證人數目，並在其他

方面確保有關案件能在有足夠聆訊的情況下獲得盡速處置。

凡有指示規定證據須藉誓章提供，則除非各方同意宣誓人無須在審訊時出席以接受盤問，並已

獲法庭贊同，否則宣誓人必須在審訊時出席以接受盤問。

(3) 第24號命令第1及2條規則不適用於就侵犯專利而提出的訴訟。

(4) 不得將要求根據條例第8(1)條作出宣布的訴訟排期審訊，除非與直至已取得根據本條規則

須在有關訴訟或法律程序中發出的傳票，以及就該傳票作出的指示已被執行或法庭所定的執行該等

指示的時限已經屆滿。

(5) 要求根據條例第8(1)條作出宣布的訴訟，不得早於訴訟排期審訊後21天進行審訊。

27. 科學顧問的委任(第103號命令第27條規則)

(1) 在就侵犯專利而提出的訴訟中及在任何根據條例進行的法律程序中，法庭可在任何時間，

應任何一方的申請或在並無任何一方提出申請的情況下，委任一名獨立科學顧問協助法庭，或就任

何不涉及法律問題或釋義問題的事實問題或意見問題進行查訊並作出報告。

(2) 法庭可提名由何人出任科學顧問，並須擬定將會向他呈交的問題或將會向他作出的指示。

(3) 任何根據本條規則獲委任的顧問的酬金須由法庭釐定，酬金須包括作出任何報告的費用以

及他須在法庭席前出席的任何一日的恰當每日收費。

(4) 第40號命令第2、3、4及6條規則適用於根據本條規則獲委任的顧問以及他所作出的任何報

告，一如其適用於法庭專家以及他所作出的報告。

29. 申請更正在香港的專利註冊紀錄冊

(第103號命令第29條規則)

要求法庭作出命令更正專利註冊紀錄冊的申請，必須藉原訴傳票提出，但藉在就侵犯專利而進

行的法律程序中提出反申索或藉在要求根據《受託人條例》(第29章)第52條作出命令的法律程序中

發出原訴傳票而提出者，則不在此限。

(2008年第152號法律公告)

_______________________________________________________________________ 註：

* “專利法令”乃“Patents Acts”之譯名。

# “《1977年專利法令》”乃“Patents Acts 1977”之譯名。

命令： 106 關於律師的法律程序：《法律執業者條例》 L.N. 39 of 1999 05/02/1999

1. 定義(第106號命令第1條規則)

在本命令中─

“條例”(the Ordinance) 指《法律執業者條例》(第159章)；

“上訴”(appeal) 指針對紀律審裁組就根據條例提出的申請或投訴所作出的任何命令而提出的上

訴； (1998年第275號法律公告)

“紀律審裁組”(disciplinary tribunal) 指按照條例第9B條組成的律師紀律審裁組； (1998年第

275號法律公告)

第 4A 章 - 《高等法院規則》 327

“律師會”(Society) 指香港律師會。

(1998年第275號法律公告)

2. 根據條例第VI部具有的司法管轄權可由法官

在內庭行使等(第106號命令第2條規則)

(1) 根據條例第VI部向法庭提出的任何申請，均可在內庭予以處置。

(2)法庭根據條例第VI部具有的司法管轄權，可由法官在內庭行使。 (1998年第25號第2條)

3. 命令律師交付現金帳等的權力

(第106號命令第3條規則)

(1) 凡有律師與當事人之間的關係存在或曾經存在，法庭可應當事人或其遺產代理人的申請，

作出進行以下事宜的命令─

(a) 由律師交付現金帳；

(b) 由律師支付款項或交出保證物；

(d) 將任何該等款項或保證物繳存或交存法院。

(2) 申請根據本條規則作出命令，必須藉原訴傳票提出。

(3) 如被告人聲稱他對訟費有申索，法庭可就訟費評定、訟費的支付或確保支付和被告人的留

置權(如有的話)的保護，作出其認為適合的命令。

5. 原訴傳票的格式(第106號命令第5條規則)

藉以提出根據條例提出的申請或要求根據第3條規則作出命令的申請的原訴傳票，須採用附錄A

表格10的格式。

10. 文件的送達(第106號命令第10條規則)

(1) 任何按規定須在根據本命令進行的法律程序中送達律師會的文件，須以預付郵資的郵遞方

式送交律師會的秘書而予以送達。

(2) 除第(1)款另有規定外，任何須送達根據本命令進行的法律程序的被告人的文件，如無須面

交送達，則除非法庭另有指示，否則以預付郵資的郵遞方式按被告人的最後為人所知的地址送交被

告人，即當作已妥為送達。

11. 上訴法庭聆訊上訴時的組成

(第106號命令第11條規則)

除非終審法院首席法官另有指示，否則每一宗上訴均須由以不少於3名法官所組成的上訴法庭聆

訊。

(1998年第25號第2條)

12. 動議通知書的標題、送達等

(第106號命令第12條規則)

第 4A 章 - 《高等法院規則》 328

(1) 藉以提出上訴的原訴動議通知書，必須以有關某律師或一名律師的文員(視屬何情況而定，

但無須將他指名)事宜及有關條例事宜為標題。

(2) 除非法庭另有命令，否則通知書須予送達的人為在紀律審裁組席前的程序的每一方和律師

會。 (1998年第275號法律公告)

(3) 通知書必須在由遭上訴的命令宣告當日起計的21天內送達。 (1998年第275號法律公告；

1999年第39號法律公告)

(4) (由1998年第275號法律公告廢除)

13. 律師會交出某些文件(第106號命令第13條規則)

(1) 律師會在獲送達藉以提出上訴的原訴動議通知書後7天內，必須向登記處遞交以下每份文件

的文本各3份─

(a) 遭上訴的命令，須以條例第12條所規定的關於紀律審裁組所作裁斷的陳述作為序言，

(b) 由一方向紀律審裁組遞交的關於在上訴中有爭論的事宜的任何文件，及

所作的關於該證據的紀錄(視屬何情況而定)。 (1998年第275號法律公告)

(2) 法庭在聆訊上訴時，須指示為遵從第(1)款而招致的訟費須由何人承擔，並即使律師會並無

在聆訊時出庭，仍可命令由其中一方付給律師會該等訟費。

14. 對規定就訟費提供保證的限制

(第106號命令第14條規則)

不得命令任何人就上訴的訟費提供保證，但如上訴人是在紀律審裁組席前的程序的申請人，或

是在一名律師向紀律審裁組申請促致其姓名自登記冊上除去的申請中的反對人，則屬例外。

(1998年第275號法律公告)

15. 紀律審裁組可被要求提供意見

(第106號命令第15條規則)

法庭可指示紀律審裁組就屬上訴標的事宜的案件或就任何在其中出現的問題，向法庭提供其意

見的書面陳述；如法庭作出該指示，紀律審裁組的書記必須盡快向登記處遞交該陳述書的文本3份，

並同時向上訴的每一方送交該文本一份。

(1998年第275號法律公告)

16. 有權在上訴中獲聆聽的人

(第106號命令第16條規則)

任何未獲送達藉以提出上訴的原訴動議通知書但意欲獲得聆聽以反對上訴的人，如被法庭覺得

是應獲得如此聆聽的恰當人選，須有權獲得如此聆聽。

17. 中止上訴(第106號命令第17條規則)

(1) 上訴人可在任何時間中止其上訴，方法是向紀律審查組的書記及上訴的其他每一方送達中

第 4A 章 - 《高等法院規則》 329

止通知書，如上訴已經登錄，並須向登記處遞交通知書的文本一份。 (1998年第275號法律公告)

(2) 凡上訴已按照第(1)款而中止，上訴須視作已被駁回兼有下述命令作出，即上訴人須支付上

訴的訟費及附帶費用，包括律師會為遵從第13(1)條規則而招致的任何訟費。

命令： 113 就土地的管有而進行的簡易法律程序 L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

1. 凡申索收回土地的管有的人，指稱土地純粹由一人或多於一人(並非在租賃終止後仍繼續佔用的

租客)未經他或任何在他之前的業權持有人的特許或同意而進入或繼續佔用土地，可按照本命令

的條文藉原訴傳票提出法律程序。

1A. 聆案官的司法管轄權(第113號命令第1A條規則)

根據本命令進行的法律程序可由聆案官聆訊並裁定，如聆案官認為該等法律程序應當由法官裁

定，可將之轉交法官。

(1991年第404號法律公告；1998年第25號第2條)

2. 原訴傳票的格式(第113號命令第2條規則)

原訴傳票須採用附錄A表格11A的格式，並無須對之作送達認收。 (2008年第152號法律公告)

3. 用以支持的誓章(第113號命令第3條規則)

原告人須將述明以下事宜的誓章送交存檔以支持原訴傳票─

(a) 他於土地的權益；

(b) 土地在未經特許或同意下如何被佔用，以及他所申索的管有權如何產生；及

4. 原訴傳票的送達(第113號命令第4條規則)

(1) 凡任何正佔用土地的人在原訴傳票中被指名，則須將傳票連同用以支持的誓章文本一份以

下列方式送達該人─

(a)面交送達，或

(香港) (aa) 將傳票文本一份以及誓章文本一份以一般郵遞方式寄往有關處所送交該人，或

(b)將傳票文本一份以及誓章文本一份留在有關處所或在有關處所送交該人，或

(c)以法庭所指示的其他方式送達。

(2) 除非法庭另有指示，否則傳票除須按照第(1)款送達被指名的被告人(如有的話)外，亦須以

下列方式送達─

(a) 將傳票文本一份以及誓章文本一份張貼在有關處所的大門或其他顯眼處，及

(b) 如切實可行，將封於註明由“各佔用人”收件的密封信封內的傳票文本及誓章文本投

入有關處所的信箱。

(2A) 每一份須根據第(1)或(2)款予以送達的原訴傳票文本，均須加蓋高等法院印章。 (1998

年第25號第2條)

(3) 第28號命令第3條規則不適用於根據本命令進行的法律程序。

第 4A 章 - 《高等法院規則》 330

5. 佔用人要求成為一方的申請

(第113號命令第5條規則)

在不損害第15號命令第6及10條規則的原則下，任何未被指名為被告人而佔用土地的人，如希望

就應否作出收回管有的命令此一問題獲得聆聽，可在法律程序的任何階段申請加入成為被告人。

6. 收回管有的命令(第113號命令第6條規則)

(1) 除非事態緊急並獲法庭許可，否則不得在送達日期後少於5整天內作出最終命令。

(2) 在根據本命令進行的法律程序中作出的收回管有的命令，須採用附錄A表格42A的格式。

(1992年第165號法律公告)

(3) 本命令不阻止法庭命令將管有在某指明日期交出，以行使任何假若申索收回管有是在藉令

狀開展的訴訟中提出時法庭本可行使的權力。

7. 管有令狀(第113號命令第7條規則)

(1) 第45號命令第3(2)條規則不適用於根據本命令作出的收回管有的命令，但如無法庭許可，

不得在自命令的日期起計3個月屆滿後發出管有令狀以強制執行命令。

除非法庭另有指示，否則申請許可可單方面提出。

(2) 管有令狀須採用附錄A表格66A的格式。

8. 將命令作廢(第113號命令第8條規則)

法官可施加他認為公正的條款而將任何在根據本命令進行的法律程序中作出的命令作廢或更

改。

(1998年第25號第2條)

命令： 114 (香港)監誓員 25 of 1998 s. 2 01/07/1997

附註：

具追溯力的修訂─見1998年第25號第2條

1. 監誓員的委任(第114號命令第1條規則)

(香港)(1) 終審法院首席法官可藉他所簽署的委任狀而委任適合的人為監誓員，以監誓及監理聲

明、非宗教式宣誓及勳章見證，並可撤銷任何該等委任。

(1A) 根據第(1)款作出委任的權力，可藉終審法院首席法官所簽署的書面通知而轉授司法常務

官。 (1994年第167號法律公告)

(2) 每一名獲如此委任的人，均稱為監誓員，並具有現時屬於監誓員職位的所有權力，及須執

行現時屬於監誓員職位的所有職責。

(1998年第25號第2條)

2. 由法院人員監誓(第114號命令第2條規則)

(香港) 每一名身為法院人員或正在執行關於法院的職責的人，而當其時是獲法院或任何規管

第 4A 章 - 《高等法院規則》 331

法院程序的規則或命令如此授權，或是依據任何規管法院程序的規則或命令而行事者，以及每一名

被指示須在法院的任何訴訟或事宜中進行訊問的人，對於與其職責相關的任何目的所需的任何宣誓

或誓章，均具有監誓或監理該誓章的權限。

命令： 115 《販毒(追討得益)條例》(第405章) L.N. 163 of 2013 03/03/2014

詳列交互參照：

1. 釋義(第115號命令第1條規則)

(1) 在本命令中，“條例”(the Ordinance) 指《販毒(追討得益)條例》(第405章)，而以數目

提述的某條，指條例中以該數目編排的該條。

(2) 本命令中所用詞句，如亦用於條例中，其在本命令中所具涵義與條例中所具者相同。

2. 法律程序的分派(第115號命令第2條規則)

除第32號命令第18條規則及除第12條規則另有規定外，即使有關的原訴法律程序文件是一張原

訴傳票，法院根據條例具有的司法管轄權，仍須由法院的法官在內庭行使。

(1996年第296號法律公告；1998年第25號第2條；2008年第152號法律公告)

2A. 在某人已死亡或潛逃的情況下要求作出沒收令

的申請(第115號命令第2A條規則)

(1) 凡被告人已死亡或潛逃，要求根據第3條作出沒收令的申請，須由律政司司長提出。

(2008年第152號法律公告)

(2) 第(1)款所指的申請，可藉採用附錄A表格10格式的原訴傳票提出。 (2008年第152號法律

公告)

(1995年第89號第30條；1996年第296號法律公告；1997年第362號法律公告)

3. 要求作出限制令或押記令的申請

(第115號命令第3條規則)

(1) 要求根據第10條作出限制令或要求根據第11條作出押記令的申請(該兩種申請任何之一均可

與要求委任接管人的申請合併)，須由律政司司長單方面提出。 (1996年第296號法律公告；1997年

第362號法律公告；2008年第152號法律公告)

(1A)第(1)款所指的申請，可藉採用附錄A 表格10格式的原訴傳票提出。 (2008年第152號法律

公告)

(2) 根據第(1)款提出的申請須由誓章支持，誓章須─

(a) 述明相信以下事宜(視屬何情況而定)的理由─

(i) 被告人曾從販毒獲利；或

(ii)原訟法庭會如第15(1A)條所指明般信納； (1995年第89號第30條；1998年第25號

第2條)

(b) 述明(視屬何情況而定)─

(i) 已就某項販毒罪行(提供該項罪行的詳情)針對被告人提起法律程序，而該等法律

第 4A 章 - 《高等法院規則》 332

程序尚未結束；

(ii)不論是藉提出告發或其他方式，某人將被控以一項販毒罪行；

(iii) 在第3(1)(a)(ii)或(7)條適用的情況下，已有要求作出沒收令的申請就被告

人提出；或

(iv)已有申請根據第15(1A)條就針對被告人作出的沒收令而提出； (1995年第89號第

30條)

的人；

(d) 在未有提起法律程序的情況下，核實律政司司長將負責進行所擬進行的法律程序；

(1997年第362號法律公告)

(e) 在未有提起法律程序的情況下，示明擬提起法律程序的時間。

(3) 根據第(1A)款發出的原訴傳票，須以有關被告人(將他指名)事宜及有關條例事宜為標題，

而在有關事宜中的所有後來文件均須如此標題。 (2008年第152號法律公告)

(4) 除非法庭另有指示，否則第(2)款所指的誓章可包括關於資料或所信之事的陳述以及資料或

所信之事的來源和理由。

4. 限制令及押記令(第115號命令第4條規則)

(1) 限制令可在施加條件及受例外情況規限之下作出，包括但不限於關於彌償第三方因遵從該

命令而招致的開支的條件以及關於被告人的合理生活開支及合理法律開支的例外情況，但不得要求

律政司司長作出承諾遵守任何就被告人因限制令所蒙受的損害而作出的命令。 (1995年第89號第30

條)

(2) 除非法庭另有指示，否則單方面作出的限制令具有效力，直至經編定的聆訊各方之間的申

請之日為止，而押記令須是着令提出反對因由的命令，並施加押記直至該日為止。

(3) 凡有限制令作出，律政司司長須向被告人及所有其他被指名受限制令限制的人，送達限制

令的文本及用以支持的誓章的文本，並須將限制令的條款通知所有其他受限制令影響的人或團體。

(4) 凡有押記令作出，除非法庭另有指示，否則律政司司長須向被告人送達押記令的文本及用

以支持的誓章的文本，如押記令所關乎的財產是由另一人持有，則亦須向該人送達該等文本，並須

視乎適當情況向第50號命令第2(1)(b)至(d)條規則中指明的人或團體送達押記令的文本。

(1997年第362號法律公告)

5. 命令的撤銷或更改(第115號命令第5條規則)

(1) 任何獲送達限制令或押記令的人或任何獲通知有該命令作出的團體，均可藉傳票申請撤銷

或更改該命令。

(2) 傳票及任何用以支持的誓章，須在傳票的編定聆訊日期前2整天或之前送達律政司司長，如

律政司司長並非申請人，則亦須送達被告人。 (1996年第296號法律公告；1997年第362號法律公

告)

(3) 法庭一經接獲通知就有關罪行進行的法律程序已結束或其付款是由押記令作保證的款項已

繳存法院，任何限制令或押記令(視屬何情況而定)即須予撤銷。

6. 律政司司長的進一步申請(第115號命令第6條規則)

(1) 凡已有限制令或押記令作出，律政司司長可提出以下申請(如提出申請，可藉傳票提出)，

第 4A 章 - 《高等法院規則》 333

或如事態緊急，則可單方面提出以下申請─ (1996年第296號法律公告；1997年第362號法律公告)

(a) 撤銷或更改該命令；或

(b) 就其他可變現的財產作出限制令或押記令；或

(2) 根據第(1)款提出的申請須由誓章支持，而如申請是要求作出限制令或押記令，誓章須盡宣

誓人所能，提供尋求就之作出該令的可變現財產的全部詳情，並指明持有該財產的人或人等。

(3) 傳票及用以支持的誓章，須在傳票的編定聆訊日期前2整天或之前送達被告人，如在有關事

宜中已有委任接管人，則亦須送達接管人。 (1996年第296號法律公告)

(4) 第4(3)及(4)條規則適用於將已根據本條規則分別作出的限制令及押記令對被告人以外的人

所作的送達。

7. 財產的變現(第115號命令第7條規則)

(1) 第12條所指的申請，必須由律政司司長提出。 (2008年第152號法律公告)

(1A)凡已有針對被告人的法律程序在原訟法庭進行，有關申請可藉傳票提出；而在其他情況

下，有關申請可藉採用附錄A表格10格式的原訴傳票提出。 (2008年第152號法律公告)

(2) 傳票或原訴傳票(視屬何情況而定)須連同用以支持的證據，在傳票的編定聆訊日期前7天或

之前，送達─ (2008年第152號法律公告)

(a) 被告人；

(b) 任何持有申請所關乎的可變現財產的任何權益的人；及

(3) 申請須由誓章支持，而誓章須盡宣誓人所能，提供申請所關乎的可變現財產的全部詳情，

並指明持有該財產的人或人等，而沒收令的文本、法庭根據第6(2)條簽發的任何證明書的文本及在

有關事宜中作出的任何押記令的文本，須附於誓章作為證物。

(4) 法庭可應根據第12條提出的申請行使第13(1)條所賦予的權力，指示由接管人作出付款。

8. 接管人(第115號命令第8條規則)

(1) 凡有接管人依據押記令或根據第10或12條獲委任，除本條規則另有規定外，第30號命令第2

至8條規則的條文須得適用。

(2) 凡所建議委任的接管人已在根據條例進行的其他法律程序中被委任為接管人，則除非法庭

另有命令，否則不需要宣誓作出關於其適當與否的誓章，亦不需要接管人提供保證。

(3) 凡接管人已全數支付根據沒收令須予支付的款項而仍有任何款項剩餘在其手中，接管人須

藉案件管理傳票，就該等款項的分發提出申請。 (2008年第152號法律公告)

(4) 根據第(3)款發出的傳票須在傳票的編定聆訊日期前7天或之前，連同任何用以支持的證據

送達─

(a) 被告人；及

(b) 持有的財產已由接管人變現的任何其他人。

9. 沒收令的更改(第115號命令第9條規則)

(1) 律政司司長或被告人可藉傳票申請根據第15(1)條作出命令。

(2) 根據第(1)款發出的傳票須在傳票的編定聆訊日期前7天或之前，連同任何用以支持的證據

送達─

第 4A 章 - 《高等法院規則》 334

(a) (凡提出申請的是律政司司長)被告人；

(b) (凡提出申請的是被告人)律政司司長，

並如在有關事宜中已有委任接管人，則在任何一種情況下，亦須將之送達接管人。

(3) 律政司司長可藉傳票申請根據第15(1A)條作出命令。 (1995年第89號第30條)

(1995年第89號第30條；1997年第362號法律公告)

10. 賠償(第115號命令第10條規則)

申請根據第27條作出命令須藉傳票提出，傳票須連同任何用以支持的證據，在傳票的編定聆訊

日期前7天或之前，送達被指稱犯有錯失的人以及律政司司長。

(1997年第362號法律公告)

11. 資料的披露(第115號命令第11條規則)

(1) 根據第23條提出的申請須由律政司司長藉傳票提出，傳票須述明所尋求的命令的性質及所

尋求予以披露的資料是須向根據第10或12條或依據押記令委任的接管人披露抑或須向一名獲授權人

披露。 (1997年第362號法律公告)

(2) 傳票及用以支持的誓章須─

(a) 在傳票的編定聆訊日期前7天或之前；及

(b) (如有關的公共機構為政府部門)按照第77號命令第4條規則，

送達有關的公共機構。

(3) 支持根據第(1)款提出的申請的誓章，須述明相信第23(4)條及(如適當者)第23(7)條所述的

條件已獲符合的理由。

12. 根據第29條行使權力(第115號命令第12條規則)

第29條所賦予法院的權力，可由在內庭的法官及由聆案官行使。

(1998年第25號第2條)

13. 申請登記(第115號命令第13條規則)

根據第29(1)條登記外地沒收令的申請，可單方面提出。

15. 支持根據第29(1)條提出的申請的證據

(第115號命令第15條規則)

申請登記外地沒收令，必須由誓章支持，誓章須─

(a) 附有命令或其經核實或核證或以其他方式妥為認證的文本作為證物，如命令並非以英

文寫成，亦須附有命令的經公證人核證或經誓章認證的英文譯本；及

(b) 述明─

(i) 命令是有效而又不受任何上訴規限的；

(ii)(凡命令所針對的人或命令是就其財產作出的人並無在法律程序中出席)該人已按

照有關的指定國家的法律接獲關於法律程序的通知書，並有充分時間就其抗辯；

(1995年第89號第30條)

第 4A 章 - 《高等法院規則》 335

(iii) (如屬金錢的情況)在申請的日期根據命令須予支付的款項仍未支付或述明尚

未支付的款額，視乎何者適用而定，或如屬其他財產的情況，述明尚未討回的財

產；及

(iv)盡宣誓人所知，命令所針對的人或命令是就其財產作出的人在香港所持有的財產

的詳情，並說明宣誓人所知之事的來源。 (1995年第89號第30條)

16. 命令的登記冊(第115號命令第16條規則)

(1) 司法常務官須就根據條例登記的命令備存一份登記冊。

(2) 登記冊中須包括一項登記的任何更改或作廢的詳情，或一項已登記的命令的任何更改、圓

滿執行或撤銷的詳情，以及就該等命令發出執行程序文件的詳情。

17. 登記通知書(第115號命令第17條規則)

(1) 命令的登記通知書必須送達命令所針對的人或命令是就其財產而取得的人，送達方式是將

通知書當面交付該人，或按該人的通常或最後為人所知的地址或營業地點送交該人，或以法庭所指

示的其他方式送交該人。 (1995年第89號第30條)

(2) 在本司法管轄權範圍外送達該通知書，是無須許可而容許的，而第11號命令第5、6及8條規

則適用於該通知書，一如其適用於令狀。

(3) 通知書須述明可申請將登記更改或作廢的期限，並須述明命令在該段期限屆滿之前不會予

以強制執行。

18. 申請將登記更改或作廢(第115號命令第18條規則)

命令所針對的人或命令是就其財產作出的人要求將命令的登記更改或作廢的申請，必須藉由誓

章支持的傳票向大法官提出。

(1995年第89號第30條)

19. 命令的強制執行(第115號命令第19條規則)

(1) 已根據條例登記的命令不得強制執行，直至按照第17(3)條規則而指明的期限屆滿為止，或

如法庭已將該期限延展，則為直至該經如此延展的期限屆滿為止。

(2) 如有申請根據第18條規則提出，命令不得強制執行，直至申請已有裁定為止。

20. 已登記的命令的更改、圓滿執行及撤銷

(第115號命令第20條規則)

法庭一經接獲要求登記的申請人通知，知悉一項已登記的命令已被更改、獲圓滿執行或被撤

銷，該更改、圓滿執行或撤銷的詳情(視屬何情況而定)即須記入登記冊。

21. 除命令另有規定外，規則具有效力

(第115號命令第21條規則)

除根據第28條作出的任何命令的條文另有規定外，第12至20條規則具有效力。

第 4A 章 - 《高等法院規則》 336

22. 關於販毒的陳述書(第115號命令第22條規則)

(香港)(1) 凡律政司司長或被告人擬根據第5條向法庭呈交任何陳述書或其他文件，他須將該陳述書

或該其他文件的文本，在切實可行範圍內盡快給予被告人或律政司司長(視屬何情況而定)以及法院

的適當人員。 (1995年第89號第30條)

(2) 律政司司長根據第5(1)條呈交法庭的任何陳述書，須包括以下詳情，即─ (1997年第362

號法律公告)

(a) 被告人的姓名或名稱；

(b) 作出該陳述書的人的姓名或名稱；

(i) (凡屬第3(1)(a)(ii)條適用的情況)關於被告人是否本可就有關的一項或多於一項

販毒罪行被定罪的裁定；

(ii)關於被告人曾否從販毒獲利的裁定；

(iii) 對被告人的販毒收益的價值的評計。 (1995年第89號第30條)

(1997年第362號法律公告)

23. 偵查販毒─命令的撤銷及更改

(第115號命令第23條規則)

(1A) 獲授權人須以經宣誓提出的告發單方面向法官提出申請，要求根據第20條作出命令或根據

第21條簽發手令。 (1990年第142號法律公告；1998年第25號第2條)

(香港)(1) 凡已有命令根據第20條作出，被規定須遵從命令的人可以書面向法院的適當人員申請撤

銷或更改命令，而法庭在聆訊申請時，可撤銷命令或對命令作出其認為適合的更改。

(2) 除第(3)款另有規定外，凡任何人擬根據第(1)款申請撤銷或更改命令，該人須在提出申請

前48小時或之前，將申請書的文本一份連同示明將會提出該要求撤銷或更改的申請的時間及地點的

通知書，交給申請作出命令的獲授權人，或如不知該人是誰或不能尋獲該人則交給另一名獲授權

人。

(3) 法庭如信納提出申請的人有好的理由尋求盡快撤銷或更改命令而遵從第(2)款並不切實可

行，可指示不需要遵從該款。

(1989年第282號法律公告)

24. 申請將經扣押的財產繼續扣留

(第115號命令第24條規則)

(1) 根據第24C(2)條提出的命令批准繼續扣留經扣押的財產的申請，可藉採用附錄A表格10格式

的原訴傳票提出。 (2008年第152號法律公告)

(2) 根據第(1)款提出的申請，須由誓章支持，誓章須─

(a) 述明經扣押的財產是由何者組成(如屬金錢，則包括述明其款額及所屬貨幣)，以及扣

押的日期和地點；

(b) 述明懷疑經扣押的財產為指明財產的理由；及

(1996年第296號法律公告)

第 4A 章 - 《高等法院規則》 337

25. 繼續扣留經扣押的財產的命令

(第115號命令第25條規則)

(1) 凡有命令根據第24C(2)條作出，申請人須在切實可行範圍內盡快向每一名受該命令影響的

人送達該命令的文本。

(2) 根據第24C(2)條作出的命令，須採用附錄A表格108的格式。

(3) 在第26(3)及(4)條規則、第27條規則、第28(2)條規則以及第29(3)及(4)條規則中，“受影

響的人”(affected person)，就該等規則所提述的任何傳票或命令而言，指屬以下情況的人─

(a) 已獲依據第(1)款送達一份根據第24C(2)條作出的命令的文本，而屬該傳票或首述命令

標的之經扣押的財產(或其任何部分)是或曾是次述命令的標的；或

(b) 法庭已根據第31條規則就其作出一項命令，而該命令是與該傳票或首述命令相關連

的。

(1996年第296號法律公告)

26. 申請進一步扣留經扣押的財產

(第115號命令第26條規則)

(1) 根據第24C(3)條提出的命令批准進一步扣留經扣押的財產的申請，須在根據第24條規則展

開的法律程序中藉傳票提出。

(2) 根據第(1)款提出的申請，須由誓章支持，誓章須─

(a) 述明懷疑經扣押的財產為指明財產的理由；及

(b) 針對第24C(2)(b)條所指的事項，提供何以繼續扣留經扣押的財產是有理由的詳情。

(3) 傳票及用以支持的誓章，須在傳票的編定聆訊日期前5整天或之前，送達每一名受影響的

人。

(4) 回應傳票的誓章證據，須在傳票的編定聆訊日期前2整天或之前，由受影響的人送達─

(a) 律政司司長(代申請人)；及 (1997年第362號法律公告)

(b) 其他每一名受影響的人。

(1996年第296號法律公告)

27. 進一步扣留經扣押的財產

(第115號命令第27條規則)

凡有命令根據第24C(3)條作出，申請人須在切實可行範圍內盡快向每一名受影響的人送達該命

令的文本。

(1996年第296號法律公告)

28. 申請發還經扣押的財產

(第115號命令第28條規則)

(1) 根據第24C(4)(a)條提出的發還藉根據第24C(2)或(3)條作出的命令而被扣留的經扣押的財

產的申請，須藉傳票提出，而傳票須述明提出申請的理由。

(2) 傳票及任何用以支持的誓章，須在傳票的編定聆訊日期前5整天或之前送達─

(a) 律政司司長(代取得扣留經扣押的財產所憑藉的命令的獲授權人)；及 (1997年第362

號法律公告)

第 4A 章 - 《高等法院規則》 338

(b) 其他每一名受影響的人。

(3) 任何反對傳票的誓章，須在傳票的編定聆訊日期前2整天或之前送達─

(a) 提出第(1)款所指的申請的人；及

(b) 每一名第(2)(a)及(b)款所提述的其他人。

(1996年第296號法律公告)

29. 申請充公經扣押的財產

(第115號命令第29條規則)

(1) 根據第24D(1)條提出的充公經扣押的財產的申請，須藉在以下的法律程序中發出的傳票提

出：已有任何第24條規則所指的命令在該等法律程序之下取得者。

(2) 根據第(1)款提出的申請，須由誓章支持，誓章須述明相信以下各項的理由─

(a) 經扣押的財產全部或部分、直接或間接代表任何人的販毒得益；

(b) 經扣押的財產曾用於販毒；或

(3) 第(1)及(2)款所提述的傳票及用以支持的誓章，須在傳票的編定聆訊日期前14整天或之

前，送達每一名受影響的人。

(4) 任何反對傳票的誓章，須在傳票的編定聆訊日期前5整天或之前，由一名受影響的人送達─

(a) 律政司司長(代申請人)；及 (1997年第362號法律公告)

(b) 其他每一名受影響的人。

(1996年第296號法律公告)

30. 經扣押的財產的發還(第115號命令第30條規則)

凡就任何經扣押的財產而言─

(a) 根據第24C(2)條作出的命令期滿，而又並無命令根據第24C(3)條作出；

(b) 根據第24C(3)條作出的命令期滿，而又並無進一步的命令根據該條作出；或

則除非法庭已指示某爭論點須在各受影響的人之間述明並作審訊，否則該財產須隨即按法庭認為適

合的條款(如有的話)，發還該財產是從其處被扣押的人或其他看來是對該財產有所有權的人。

(1996年第296號法律公告)

31. 合併及向法院繳存款項

(第115號命令第31條規則)

(1) 在不損害法庭根據第15號命令第6條規則具有的權力的原則下，法庭可主動或應申請作出命

令，將任何可能受法庭所作任何命令影響的人加入成為法律程序的一方。

(2) 法庭可命令屬一項申請或命令標的之財產須按法庭認為適合的條款繳存或交存法院。

(1996年第296號法律公告)

32. 文件的送達(第115號命令第32條規則)

(1) 在不損害第65號命令的原則下，任何根據第25至29條規則須送達某一方的文件，可按照本

條規則的條文予以送達。

第 4A 章 - 《高等法院規則》 339

(2) 凡文件按規定須送達財產是從其處被扣押的一方，而該一方已向一名獲授權人提供一個可

將任何該等文件送達的地址或傳真號碼，該等文件即可以留在該地址或以掛號郵遞送交該地址的方

式送達，或以傳真方式傳送至所提供的號碼而予以送達。

(3) 如該一方已拒絕向任何獲授權人提供任何該等地址或傳真號碼，而又並無其他方法向該一

方作出送達，或如不可能向某一方作出送達，則文件可以展示於高等法院大樓地下公眾可到之處的

告示板上的方式送達該一方；但如任何根據第25、26、27、28或29條規則提出的申請是如此送達，

則申請人須在其送達誓章中述明何以採用此送達方法，而法庭須考慮是否作出申請人須採用其他送

達形式(包括替代送達)的指示。 (1998年第25號第2條)

(4) 如某法人團體並非在香港成立為法團，亦非《公司條例》(第622章)第2(1)條所界定的註冊

非香港公司，則可以將須予送達的文件留在或以掛號郵遞送交其註冊辦事處或主要營業地點的方

式，向該法人團體作出送達。 (2012年第28號第912及920條)

(1996年第296號法律公告)

33. 延展或縮短時限的權力

(第115號命令第33條規則)

第26(3)及(4)條規則、第28(2)及(3)條規則以及第29(3)及(4)條規則，其施行不得損害法庭根

據第3號命令第5條規則延展或縮短任何該等規則所規定或批准的某人在任何法律程序中作出任何作

為的期限的權力。

(1996年第296號法律公告)

命令： 115A (香港)《刑事事宜相互法律協助條例》(第525章) L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

1. 釋義(第115A號命令第1條規則)

(1) 在本命令中，“條例”(the Ordinance) 指《刑事事宜相互法律協助條例》(第525章)，而

在第3至12條規則中以數目提述的某條，指條例中以該數目編排的該條；而在第13至18條規則中以數

目提述的某條，指條例的附表2中以該數目編排的該條。

(2) 本命令中所用詞句，如亦用於條例中(包括條例的附表2)，其在本命令中所具涵義與條例中

所具者相同。

2. 法律程序的分派(第115A號命令第2條規則)

除第3條規則另有規定外，法院根據條例具有的司法管轄權，須由法院的法官在內庭行使。

(1998年第25號第2條)

3. 根據第28條行使權力(第115A號命令第3條規則)

第28條所賦予法院的權力，可由在內庭的法官及由聆案官行使。

(1998年第25號第2條)

4. 申請登記(第115A號命令第4條規則)

要求根據第28(1)條登記外地沒收令的申請，可單方面提出。

第 4A 章 - 《高等法院規則》 340

5. 支持根據第28(1)條提出申請的證據

(第115A號命令第5條規則)

申請登記外地沒收令，必須由誓章支持，誓章須─

(a) 附有命令或其經核實或核證或以其他方式妥為認證的文本作為證物，如命令並非以英

文寫成，亦須附有命令的經公證人核證或經誓章認證的英文譯本；及

(b) 述明─

(i) 命令是有效而又不受上訴規限的；

(ii)(凡命令所針對的人或命令是就其財產作出的人並無在法律程序中出席)該人已按

照香港以外有關地方的法律接獲關於法律程序的通知書，並有充分時間就其抗

辯；

(iii) (如屬金錢的情況)在申請的日期根據命令須予支付的款項仍未支付或述明尚

未支付的款額，視乎何者適用而定，或如屬其他財產的情況，述明尚未討回的財

產；及

(iv)盡宣誓人所知，命令所針對的人或命令是就其財產作出的人在香港所持有或從香

港控制的財產的詳情，並說明宣誓人所知之事的來源。

6. 命令的登記冊(第115A號命令第6條規則)

(1) 司法常務官須就根據條例登記的命令備存一份登記冊。

(2) 登記冊中須包括一項登記的任何更改或作廢的詳情，或一項已登記的命令的任何更改、圓

滿執行或撤銷的詳情，以及就該等命令發出執行程序文件的詳情。

7. 登記通知書(第115A號命令第7條規則)

(1) 命令的登記通知書必須送達命令所針對的人或是就其財產而取得的人，送達方式是將通知

書當面交付該人，或按該人的通常或最後為人所知的地址或營業地點送交該人，或以法庭所指示的

其他方式送交該人。

(2) 在本司法管轄權範圍外送達該通知書，是無須許可而容許的，而第11號命令第5、6及8條規

則適用於該通知書，一如其適用於令狀。

(3) 通知書須述明可申請將登記更改或作廢的期限，並須述明命令在該段期限屆滿之前不會予

以強制執行。

8. 申請將登記更改或作廢(第115A號命令第8條規則)

命令所針對的人要求將命令的登記更改或作廢的申請，必須藉由誓章支持的傳票向法官提出。

(1998年第25號第2條)

9. 命令的強制執行(第115A號命令第9條規則)

(1) 已根據條例登記的命令不得強制執行，直至按照第7(3)條規則而指明的期限屆滿為止，或

如法庭已將該期限延展，則為直至該經如此延展的期限屆滿為止。

(2) 如有申請根據第8條規則提出，命令不得強制執行，直至申請已有裁定為止。

第 4A 章 - 《高等法院規則》 341

10. 已登記的命令的更改、圓滿執行及撤銷

(第115A號命令第10條規則)

法庭一經接獲要求登記的申請人通知，知悉一項已登記的命令已被更改、獲圓滿執行或被撤

銷，該更改、圓滿執行或撤銷的詳情(視屬何情況而定)即須記入登記冊。

11. 除命令另有規定外，規則具有效力

(第115A號命令第11條規則)

除根據第27條作出的任何命令的條文另有規定外，第3至10條規則具有效力。

12. 關於刑事事宜的偵查或法律程序─命令的撤銷及更改

(第115A號命令第12條規則)

(1) 獲授權人員須以經宣誓提出的告發單方面向法官提出申請，要求根據第15條作出命令。

(1998年第25號第2條)

(2) 凡已有命令根據第15條作出，被規定須遵從命令的人可以書面向法院的適當人員申請撤銷

或更改命令，而法庭在聆訊申請時，可撤銷命令或對命令作出其認為適合的更改。

(3) 除第(4)款另有規定外，凡任何人擬根據第(2)款申請撤銷或更改命令，該人須在提出申請

前48小時之前，將申請書的文本一份連同示明將會提出該要求撤銷或更改的申請的時間及地點的通

知書，交給申請作出命令的獲授權人員，或如不知該人是誰或不能尋獲該人則交給另一名獲授權人

員。

(4) 法庭如信納提出申請的人有好的理由尋求盡快撤銷或更改命令而遵從第(3)款並不切實可

行，可指示不需要遵從該款。

13. 要求作出限制令或押記令的申請

(第115A號命令第13條規則)

(1) 要求根據第7條作出限制令或要求根據第8條作出押記令的申請(該兩申請任何之一均可與要

求委任接管人的申請合併)，可由律政司司長單方面藉原訴傳票提出。 (1997年第362號法律公告；

2008年第152號法律公告)

(2) 根據第7(4)或8(3)條提出的申請須由誓章支持，誓章須─

(a) 述明(在適用情況下)相信以下事宜的理由：外地沒收令可能會在香港以外有關地方已

提起的或將會提起的法律程序中作出；

(b) 盡宣誓人所能，提供尋求就之作出命令的可變現財產的詳情，並指明持有該財產的

人；

(3) 根據第(1)款提出的原訴傳票，須以有關被告人(將他指名)事宜及有關條例事宜為標題，而

在有關事宜中的所有後來文件均須如此標題。 (2008年第152號法律公告)

(4) 除非法庭另有指示，否則第(2)款所指的誓章可包括關於資料或所信之事的陳述以及資料或

所信之事的來源和理由。

14. 限制令及押記令(第115A號命令第14條規則)

第 4A 章 - 《高等法院規則》 342

(1) 限制令可在施加條件及受例外情況規限之下作出，包括但不限於關於彌償第三方因遵從該

命令而招致的開支的條件以及關於被告人的合理生活開支及合理法律開支的例外情況，但不得要求

律政司司長作出承諾遵守任何就被告人因限制令所蒙受的損害而作出的命令。

(2) 除非法庭另有指示，否則單方面作出的限制令具有效力，直至經編定的聆訊各方之間的申

請之日為止，而押記令須是着令提出反對因由的命令，並施加押記直至該日為止。

(3) 凡有限制令作出，律政司司長須向被告人及所有其他被指名受限制令限制的人，送達限制

令的文本及用以支持的誓章的文本，並須將限制令的條款通知所有其他受限制令影響的人或團體。

(4) 凡有押記令作出，律政司司長須(除非法庭另有指示)向被告人送達押記令的文本及用以支

持的誓章的文本，如押記令所關乎的財產是由另一人持有，則亦須向該人送達該等文本；並須視乎

適當情況，向第50號命令第2(1)(b)至(d)條規則中指明的人或團體送達押記令的文本。

(1997年第362號法律公告)

15. 命令的撤銷或更改(第115A號命令第15條規則)

(1) 任何獲送達限制令或押記令的人或任何獲通知有該命令作出的團體，均可藉傳票申請撤銷

或更改該命令。

(2) 傳票及任何用以支持的誓章，須在傳票的編定聆訊日期前2整天或之前，遞交法院及送達律

政司司長，如律政司司長並非申請人，則亦須送達被告人。 (1997年第362號法律公告)

(3) 法庭一經接獲通知法律程序已結束，任何限制令或押記令即須予撤銷。

16. 律政司司長的進一步申請(第115A號命令第16規則)

(1) 凡已有限制令或押記令作出，律政司司長可藉傳票或(如事態緊急)單方面申請─ (1997年

第362號法律公告)

(a) 撤銷或更改該命令；

(b) 就其他可變現的財產作出限制令或押記令；或

(2) 根據第(1)款提出的申請須由誓章支持，而如申請是要求作出限制令或押記令，誓章須盡宣

誓人所能，提供尋求就之作出該令的可變現財產的全部詳情，並指明持有該財產的人。

(3) 傳票及用以支持的誓章，須在傳票的編定聆訊日期前2整天或之前，遞交法院及送達被告

人，如在有關事宜中已有委任接管人，則亦須送達接管人。

(4) 第14(3)及(4)條規則適用於將已根據本條規則分別作出的限制令及押記令對被告以外的人

所作的送達。

17. 財產的變現(第115A號命令第17條規則)

(1) 根據第9條提出的申請，如已有法律程序在原訟法庭針對被告人進行，須由律政司司長藉傳

票提出，否則須藉原訴傳票提出。 (1997年第362號法律公告；1998年第25號第2條；2008年第152

號法律公告)

(2) 傳票或原訴傳票(視屬何情況而定)須連同用以支持的證據，在傳票的編定聆訊日期前7天或

之前，送達─ (2008年第152號法律公告)

(a) 被告人；

(b) 任何持有申請所關乎的可變現財產的任何權益的人；及

第 4A 章 - 《高等法院規則》 343

(3) 申請須由誓章支持，而誓章須盡宣誓人所能，提供申請所關乎的可變現財產的全部詳情，

並指明持有該財產的人。

(4) 法庭可應根據第9條提出的申請行使第10(1)條所賦予的權力，指示由接管人作出付款。

18. 接管人(第115A號命令第18條規則)

(1) 凡有接管人依據押記令或根據第7或9條獲委任，除本條規則另有規定外，第30號命令第2至

8條規則的條文須得適用。

(2) 凡所建議委任的接管人已在根據條例進行的其他法律程序中被委任為接管人，則除法庭另

有命令，否則不需要宣誓作出關於其適當與否的誓章，亦不需要接管人提供保證。

(3) 凡接管人已全數支付根據外地沒收令須予支付的款項而仍有任何款項剩餘在其手中，接管

人須藉案件管理傳票，就該等款項的分發提出申請。 (2008年第152號法律公告)

(4) 根據第(3)款發出的傳票須在傳票的編定聆訊日期前7天或之前，連同任何用以支持的證據

送達─

(a) 被告人；及

(b) 持有的財產已由接管人變現的任何其他人。

(1997年第87號第1(2)及36條)

命令： 116 (香港)《有組織及嚴重罪行條例》(第455章) L.N. 362 of 1997; 25 of 1998

01/07/1997

附註：

具追溯力的適應化修訂─見1998年第25號第2條

第II部─偵查的權力

1. 釋義(第116號命令第1條規則)

(1) 在本命令中，“條例”(the Ordinance) 指《有組織及嚴重罪行條例》(第455章)，而以數

目提述的某條，指條例中以該數目編排的該條。

(2) 本命令中所用詞句，如亦用於條例中，其在本命令中所具涵義與條例中所具者相同。

2. 本命令的適用範圍(第116號命令第2條規則)

本命令適用於以下申請─

(a) 由律政司司長根據第3條提出，要求作出命令授權律政司司長規定某人提供資料或提交

物料；

(b) 由律政司司長或獲授權人根據第4條提出，要求命令某人提交物料；及

(1997年第362號法律公告)

3. 法律程序的分派(第116號命令第3條規則)

就本命令而言，法院根據條例具有的司法管轄權，須由法院的法官在內庭行使。

第 4A 章 - 《高等法院規則》 344

(1998年第25號第2條)

4. 根據第3、4或5條提出的申請

(第116號命令第4條規則)

(1) 本命令適用的申請─

(a) 須以經宣誓提出的告發的方式提出；

(b) 凡法官有此指示，可在法院處所以外的地方進行聆訊。 (1998年第25號第2條)

(2) 在聆訊本命令適用的申請時，法庭可自申請人處收取證據。

5. 申請須以非公開形式進行聆訊

(第116號命令第5條規則)

(1) 本命令適用的申請，以及本命令有所規定的任何其他申請，須以非公開形式進行聆訊。

(2) 與申請有關的資料及所有其他文件須視作機密，並須在申請一經裁定時，立即按聆訊申請

的法官的命令而放入包裹之中及加以密封。

(3) 該包裹須存放於公眾不能進入的地方或法官所批准的其他地方，由法院加以保管，並且─

(a) 除非藉一名法官的命令，否則不得開啟，其內藏之物亦不得移走；

(b) 除非依據法庭命令，否則不得予以毀滅。

(1998年第25號第2條)

6. 撤銷或更改根據第3或4條作出的命令

(第116號命令第6條規則)

(1) 根據第3(17)條提出的撤銷或更改根據第3條作出的命令的申請，或根據第4(7)條提出的撤

銷或更改根據第4(2)或(6)條作出的命令的申請，須藉由誓章支持的傳票向法官提出。 (1998年第

25號第2條)

(2) 傳票及用以支持的誓章─

(a) 須列出申請人尋求撤銷或更改命令所倚據的理由；及

(b) 須在傳票的編定聆訊日期前3整天或之前遞交法院及送達律政司司長。 (1997年第362

號法律公告)

(3) 在聆訊申請時，法庭可撤銷命令或作出其認為適合的更改。

7. 就根據第3或4條作出的命令而聲稱有法律特權

(第116號命令第7條規則)

(1) 如在獲授權人行使根據第3條作出的命令所賦予的權力的過程中，有任何關於法律特權的聲

稱就任何資料作出，作出聲稱的人須─

(a) 在作出聲稱的3天內，藉由誓章支持的傳票向法庭申請宣布該等資料為享有法律特權

者；及

(b) 在申請的聆訊前3整天或之前，將傳票及誓章的文本一份送達律政司司長。

(2) 如在獲授權人行使根據第3或4條作出的命令所賦予的權力的過程中，有任何關於法律特權

的聲稱就任何物料作出，作出聲稱的人須─

(a) 在獲授權人的面前，將該等物料放入密封的容器內封好；

第 4A 章 - 《高等法院規則》 345

(b) 立即將該密封的容器存放於法院；

有法律特權者；及

(d) 在申請的聆訊前3整天或之前，將傳票及誓章的文本一份送達律政司司長。

(1997年第362號法律公告)

8. 就根據第5條簽發的搜查手令而聲稱有法律特權

(第116號命令第8條規則)

如在獲授權人執行根據第5條簽發的手令的過程中，有任何關於法律特權的聲稱就任何物料作

出，作出聲稱的人須─

(a) 在獲授權人的面前，將該等物料放入密封的容器內封好，並將該密封的容器交給獲授

權人保管，以待該人根據本條規則提出申請；

(b) 在作出關於法律特權的聲稱的3天內，藉由誓章支持的傳票向法庭申請宣布該等物料為

享有法律特權者；及

(1997年第362號法律公告)

(1995年第156號法律公告)

命令： 117 (香港)《有組織及嚴重罪行條例》(第455章) L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

第IV部─沒收令的強制執行等

1. 釋義(第117號命令第1條規則)

(1) 在本命令中，“條例”(the Ordinance) 指《有組織及嚴重罪行條例》(第455章)，而以數

目提述的某部或某條，指條例中以該數目編排的該部或該條。

(2) 本命令中所用詞句，如亦用於條例中，其在本命令中所具涵義與條例中所具者相同。

2. 本命令的適用範圍(第117號命令第2條規則)

本命令適用於根據第IV部提出的申請。

3. 法律程序的分派(第117號命令第3條規則)

就本命令而言，法院根據條例具有的司法管轄權，須由法院的法官在內庭行使。

(1998年第25號第2條)

3A. 在某人已死亡或潛逃的情況下要求作出沒收令

的申請(第117號命令第3A條規則)

凡被告人已死亡或潛逃，要求根據第8條作出沒收令的申請，可由律政司司長藉原訴傳票提出。

(1995年第90號第27條；1997年第362號法律公告)

第 4A 章 - 《高等法院規則》 346

4. 要求作出限制令或押記令的申請

(第117號命令第4條規則)

(1) 要求根據第15條作出限制令或要求根據第16條作出押記令的申請(該兩種申請任何之一均可

與要求委任接管人的申請合併)，可由律政司司長單方面藉傳票提出。 (1997年第362號法律公告)

(2) 根據第(1)款提出的申請須由誓章支持，誓章須─

(a) 述明相信以下事宜(視屬何情況而定)的理由─

(i) 被告人曾從指明的罪行獲利；或

(ii)原訟法庭會信納第20(1A)條所指明的情況； (1995年第90號第27條；1998年第25

號第2條)

(b) 述明(視屬何情況而定)─

(i) 已就某項指明的罪行(提供該項罪行的詳情)針對被告人提起法律程序，而該等法

律程序尚未結束；

(ii)不論是藉提出告發或其他方式，某人將被控以一項指明的罪行；

(iii) 在第8(1)(a)(ii)或(7A)條適用的情況下，已有要求作出沒收令的申請就被告

人提出；或

(iv)已有申請根據第20(1A)條就針對被告人作出的沒收令而提出；(1995年第90號第27

條)

的人；

(d) 在未有提起法律程序的情況下，核實律政司司長將負責進行所擬進行的法律程序；

(1997年第362號法律公告)

(e) 在未有提起法律程序的情況下，示明擬提起法律程序的時間。

(3) 根據第(1)款發出的傳票，須以有關被告人(將他指名)事宜及有關條例事宜為標題，而在有

關事宜中的所有後來文件均須如此標題。

(4) 除非法庭另有指示，否則第(2)款所指的誓章可包括關於資料或所信之事的陳述以及資料或

所信之事的來源和理由。

5. 限制令及押記令(第117號命令第5條規則)

(1) 限制令可在施加條件及受例外情況規限之下作出，包括但不限於關於彌償第三方因遵從該

命令而招致的開支的條件以及關於被告人的合理生活開支及合理法律開支的例外情況，但不得要求

律政司司長作出承諾遵守任何就被告人因限制令所蒙受的損害而作出的命令。

(2) 除非法庭另有指示，否則單方面作出的限制令具有效力，直至經編定的聆訊各方之間的申

請之日為止，而押記令須是着令提出反對因由的命令，並施加押記直至該日為止。

(3) 凡有限制令作出，律政司司長須向被告人及所有其他被指名受限制令限制的人，送達限制

令的文本及用以支持的誓章的文本，並須將限制令的條款通知所有其他受限制令影響的人或團體。

(4) 凡有押記令作出，律政司司長須─ (1997年第362號法律公告)

(a) (除非法庭另有指示)向被告人送達押記令的文本及用以支持的誓章的文本，如押記令

所關乎的財產是由另一人持有，則亦須向該人送達該等文本；及

(b) 視乎適當情況，向第50號命令第2(1)(b)至(d)條規則中指明的人或團體送達押記令的

文本。

(1997年第362號法律公告)

第 4A 章 - 《高等法院規則》 347

6. 命令的撤銷或更改(第117號命令第6條規則)

(1) 任何獲送達限制令或押記令的人或任何獲通知有該命令作出的團體，均可藉傳票申請撤銷

或更改該命令。

(2) 傳票及任何用以支持的誓章，須在傳票的編定聆訊日期前2整天或之前，遞交法院及送達律

政司司長，如律政司司長並非申請人，則亦須送達被告人。 (1997年第362號法律公告)

(3) 法庭一經接獲通知就有關罪行進行的法律程序已結束或其付款是由押記令作保證的款項已

繳存法院，任何限制令或押記令(視屬何情況而定)即須予撤銷。

7. 律政司司長的進一步申請(第117號命令第7條規則)

(1) 凡已有限制令或押記令作出，律政司司長可藉傳票或(如事態緊急)單方面申請─ (1997年

第362號法律公告)

(a) 撤銷或更改該命令；或

(b) 就其他可變現的財產作出限制令或押記令；或

(2) 根據第(1)款提出的申請須由誓章支持，而如申請是要求作出限制令或押記令，誓章須盡宣

誓人所能，提供尋求就之作出該令的可變現財產的全部詳情，並指明持有該財產的人。

(3) 傳票及用以支持的誓章，須在傳票的編定聆訊日期前2整天或之前，遞交法院及送達被告

人，如在有關事宜中已有委任接管人，則亦須送達接管人。

(4) 第5(3)及(4)條規則適用於將已根據本條規則分別作出的限制令及押記令對被告人以外的人

所作的送達。

8. 更改限制令或押記令的同意令

(第117號命令第8條規則)

第42號命令第5A條規則適用於依據第6或7條規則作出的更改限制令或押記令的命令，一如其適

用於撤銷、中止或撤回該命令的命令。

9. 財產的變現(第117號命令第9條規則)

(1) 根據第17條提出的申請，如已有法律程序在原訟法庭針對被告人進行，須由律政司司長藉

傳票提出，否則須藉原訴傳票提出。 (1997年第362號法律公告；1998年第25號第2條；2008年第

152號法律公告)

(2) 傳票或原訴傳票(視屬何情況而定)須連同用以支持的證據，在傳票的編定聆訊日期前7天或

之前，送達─ (2008年第152號法律公告)

(a) 被告人；

(b) 任何持有申請所關乎的可變現財產的任何權益的人；及

(3) 申請須由誓章支持，而誓章須盡宣誓人所能，提供申請所關乎的可變現財產的全部詳情，

並指明持有該財產的人，而沒收令的文本、法庭根據第11(2)條簽發的任何證明書的文本及在有關事

宜中作出的任何押記令的文本，須附於誓章作為證物。

(4) 法庭可應根據第17條提出的申請行使第18(1)條所賦予的權力，指示由接管人作出付款。

第 4A 章 - 《高等法院規則》 348

10. 接管人(第117號命令第10條規則)

(1) 凡有接管人依據押記令或根據第15或17條獲委任，除本條規則另有規定外，第30號命令第2

至8條規則的條文須得適用。

(2) 凡所建議委任的接管人已在根據條例進行的其他法律程序中被委任為接管人，則除非法庭

另有命令，否則不需要宣誓作出關於其適當與否的誓章，亦不需要接管人提供保證。

(3) 凡接管人已全數支付根據沒收令須予支付的款項而仍有任何款項剩餘在其手中，接管人須

藉案件管理傳票，就該等款項的分發提出申請。 (2008年第152號法律公告)

(4) 根據第(3)款發出的傳票須在傳票的編定聆訊日期前7天或之前，連同任何用以支持的證據

送達─

(a) 被告人；及

(b) 持有的財產已由接管人變現的任何其他人。

11. 沒收令的更改(第117號命令第11條規則)

(1) 律政司司長或被告人可藉傳票申請根據第20(1)條作出命令。

(2) 根據第(1)款發出的傳票須在傳票的編定聆訊日期前7天或之前，連同任何用以支持的證據

送達─

(a) (凡提出申請的是律政司司長)被告人；

(b) (凡提出申請的是被告人)律政司司長，

並如在有關事宜中已有委任接管人，則在任何一種情況下，亦須將之送達接管人。

(3) 律政司司長可藉傳票申請根據第20(1A)條作出命令。 (1995年第90號第27條)

(1995年第90號第27條；1997年第362號法律公告)

12. 賠償(第117號命令第12條規則)

申請根據第29條作出命令須藉傳票提出，傳票須連同任何用以支持的證據，在傳票的編定聆訊

日期前7天或之前，送達被指稱犯有錯失的人以及律政司司長。

(1997年第362號法律公告)

13. 資料的披露(第117號命令第13條規則)

(1) 根據第28條提出的申請須由律政司司長藉傳票提出，傳票須述明所尋求的命令的性質及所

尋求予以披露的資料是須向根據第15或17條或依據押記令委任的接管人披露抑或須向一名獲授權人

披露。 (1997年第362號法律公告)

(2) 傳票及用以支持的誓章須─

(a) 在傳票的編定聆訊日期前7天或之前；及

(b) (如有關的公共機構為政府部門)按照第77號命令第4條規則，

送達有關的公共機構。

(3) 用以支持的誓章須述明相信第28(4)條及(如適當者)第28(7)條所述的條件已獲符合的理

由。

14. 關於指明的罪行或有組織罪行的陳述書

(第117號命令第14條規則)

第 4A 章 - 《高等法院規則》 349

(1) 凡律政司司長或被告人擬在任何法律程序中根據第10條向法庭呈交任何陳述書或其他文

件，他須將該陳述書或其他文件的文本，在切實可行範圍內盡快給予被告人或律政司司長(視屬何情

況而定)以及法院的適當人員。

(2) 律政司司長根據第10(1)條呈交法庭的任何陳述書，須包括以下詳情，即─ (1995年第90

號第27條；1997年第362號法律公告)

(a) 被告人的姓名或名稱；

(b) 呈交該陳述書的人的姓名或名稱；

(d) 作出該陳述書的人所知的關於以下事宜的資料─

(i) 凡屬第8(1)(a)(ii)條適用的情況─

(A) 關於被告人是否本可就有關的一項或多於一項的指明的罪行被定罪的裁定；

(B) 關於有關的指明的罪行或任何一項有關的指明的罪行是否本可是有組織罪行

的裁定；

(ii)關於被告人是否曾經從某項指明的罪行或某項有組織罪行中獲利的裁定；

(iii) 對被告人從某項指明的罪行或某項有組織罪行所得收益的評計。 (1995年第

90號第27條)

(1995年第156號法律公告；1997年第362號法律公告)

命令： 117A (香港)《聯合國(反恐怖主義措施)條例》(第575章) E.R. 2 of 2012 02/08/2012

1. 釋義 (第117A命令第1條規則)

(1) 在本命令中—

持有人 (holder) 就任何標的財產而言，指申請人能合理地確定為持有該財產的人，或由他人為之持有或由他人代為持有該財產的人；

《條例》 (the Ordinance) 指《聯合國(反恐怖主義措施)條例》(第575章)；速辦原訴傳票 (expedited originating summons) 指採用附錄A表格10的格式的原訴傳票；單方面原訴傳票 (ex parte originating summons) 指採用附錄A表格11的格式的原訴傳票；標的人士 (subject person) 就第5(1)(a)條所指的申請而言，指屬該申請的標的之人；標的財產 (subject property) 就第5(1)(b)或13條所指的申請而言，指屬該申請的標的之財

產。

(2) 本命令中所用詞句，如亦用於《條例》中，則該詞句在本命令中的涵義，與該詞句在《條

例》中的涵義相同。

(3) 在本命令中，凡以數目提述某條，即指《條例》中以該數目為編號的條文。

(4) 就《條例》而言(根據《條例》，擁有任何財產的訂明權益的人，須當作為持有或曾持有該

財產的人，或由或曾由他人為之持有或由或曾由他人代為持有該財產的人)，訂明權益 (prescribed interest) 就任何財產而言，指—

(a) 該財產的法律或衡平法上的產業權或權益；或

(b) 與該財產相關的權利、權力或特權。

2. 由法官行使司法管轄權 (第117A號命令第2條規則)

就本命令而言，法院根據《條例》具有的司法管轄權，須由法院的一名法官行使。

第 4A 章 - 《高等法院規則》 350

3. 就指明某人為恐怖分子或是與恐怖分子有聯繫者而提出的單方面申請 (第117A號命令第3條規

則)

(1) 在以下情況下，第5(1)(a)條所指的、要求作出指明某人為恐怖分子或是與恐怖分子有聯繫

者的命令的申請，可單方面提出—

(a) 事態緊急；或

(b) 申請人不知道有關的標的人士的下落，而—

(i) 申請人已採取合理步驟，以尋找該人士的下落；及

(ii)一項致予該人士的關於申請人擬提出該申請的通知，已在普遍流通於香港的一份

中文報章及一份英文報章上刊登。

(2) 上述單方面申請，須藉由誓章支持的單方面原訴傳票而提出。

(3) 用以支持的誓章，須述明相信以下事宜的理由—

(a) 本條規則適用；及

(b) 有關的標的人士是恐怖分子，或是與恐怖分子有聯繫者。

(4) 在取得應單方面申請而根據第5(2)條作出的命令後，申請人須在切實可行範圍內，盡快—

(a) 在普遍流通於香港的一份中文報章及一份英文報章上，刊登該命令；及

(b) (如申請人知道或得悉有關的標的人士的下落)向該人士送達該命令、有關的單方面原

訴傳票，以及用以支持的誓章的文本一份。

4. 就指明某人為恐怖分子或是與恐怖分子有聯繫者而提出的在各方之間的申請 (第117A號命令第

4條規則)

(1) 如有第5(1)(a)條所指的申請在不屬第3(1)(a)及(b)條規則提述的情況下提出，則本條規則

適用。

(2) 上述申請，須藉由誓章支持的速辦原訴傳票而提出。

(3) 用以支持的誓章，須述明相信有關的標的人士是恐怖分子或是與恐怖分子有聯繫者的理

由。

(4) 速辦原訴傳票及用以支持的誓章的文本，須在有關的申請的經編定聆訊日期前的7整天之

前，送達有關的標的人士。

(5) 獲送達速辦原訴傳票的標的人士，如意欲援引誓章證據以反對該傳票，須在該傳票送達後

28天內，將證據誓章送交法院存檔，並向律政司司長送達該誓章的文本一份。

5. 關於第5(1)(a)條所指的申請的附加誓章程序 (第117A號命令第5條規則)

(1) 如在第4條規則提述的申請提出後，申請人由於失去有關的標的人士的下落，而不能向該人

士送達有關的速辦原訴傳票，則本條規則適用。

(2) 在以下情況下，申請人可將符合第(3)款規定的附加誓章送交法院存檔—

(a) 申請人已採取合理步驟，以尋找有關的標的人士的下落；及

(b) 申請人已將一項致予該人士的關於申請人擬繼續進行申請的通知，在普遍流通於香港

的一份中文報章及一份英文報章上刊登。

(3) 第(2)款提述的附加誓章須—

(a) 述明申請人相信本條規則適用；及

(b) 述明顯示申請人已作出第(2)(a)及(b)款提述的作為的事實。

(4) 在以下情況下，法院可指示在有關的標的人士缺席的情況下聆訊申請—

第 4A 章 - 《高等法院規則》 351

(a) 法院信納—

(i) 本條規則適用；及

(ii)申請人已作出第(2)(a)及(b)款提述的作為；及

(b) 法院在考慮該申請的性質及情況後，認為在該人士缺席的情況下聆訊該申請，是公正

及合宜的。

(5) 在取得應本條規則適用的申請而根據第5(2)條作出的命令後，申請人須在切實可行範圍

內，盡快—

(a) 在普遍流通於香港的一份中文報章及一份英文報章上，刊登該命令；及

(b) (如申請人得悉有關的標的人士的下落)向該人士送達該命令、有關的速辦原訴傳票、

用以支持的誓章的文本一份，以及附加誓章的文本一份。

6. 就指明某財產為恐怖分子財產而提出的單方面申請 (第117A號命令第6條規則)

(1) 在以下情況下，第5(1)(b)條所指的、要求作出指明某財產為恐怖分子財產的命令的申請，

可單方面提出—

(a) 事態緊急；或

(b) 申請人不知道有關的持有人或(如有多於一名持有人)任何持有人的下落，而—

(i) 申請人已採取合理步驟，以尋找該名或該等持有人的下落；及

(ii)一項致予該名或該等持有人的關於申請人擬提出該申請的通知，已在普遍流通於

香港的一份中文報章及一份英文報章上刊登。

(2) 上述單方面申請，須藉由誓章支持的單方面原訴傳票而提出。

(3) 用以支持的誓章須—

(a) 述明相信以下事宜的理由—

(i) 本條規則適用；及

(ii)有關的標的財產是恐怖分子財產；及

(b) 指明有關的持有人或(如有多於一名持有人)所有持有人。

(4) 在取得應單方面申請而根據第5(2)條作出的命令後，申請人須在切實可行範圍內，盡快—

(a) 在普遍流通於香港的一份中文報章及一份英文報章上，刊登該命令；及

(b) (如申請人知道或得悉有關的用以支持的誓章指明的一名或多於一名持有人的下落)向

該名持有人或每一名該等持有人送達該命令、有關的單方面原訴傳票，以及用以支持

的誓章的文本一份。

7. 就指明某財產為恐怖分子財產而提出的在各方之間的申請 (第117A號命令第7條規則)

(1) 如有第5(1)(b)條所指的申請在不屬第6(1)(a)及(b)條規則提述的情況下提出，則本條規則

適用。

(2) 上述申請，須藉由誓章支持的速辦原訴傳票而提出。

(3) 用以支持的誓章須—

(a) 述明相信有關的標的財產是恐怖分子財產的理由；及

(b) 指明有關的持有人或(如有多於一名持有人)所有持有人及(如申請人知道的話)其下

落。

(4) 速辦原訴傳票及用以支持的誓章的文本，須在有關的申請的經編定聆訊日期前的7整天之

前，送達該誓章指明的其下落為申請人所知的持有人或每一名持有人。

(5) 獲送達速辦原訴傳票的人，如意欲援引誓章證據以反對該傳票，須在該傳票送達後28天

第 4A 章 - 《高等法院規則》 352

內，將證據誓章送交法院存檔，並向以下人士送達該誓章的文本一份—

(a) 律政司司長；及

(b) 用以支持的誓章指明的其下落為申請人所知的任何其他持有人。

(6) 根據第(5)款將證據誓章送交存檔的人，亦可向他相信是持有有關的標的財產的任何其他

人，或向他相信是由他人為之持有或由他人代為持有該標的財產的任何其他人，送達該誓

章的文本一份。

(7) 第(6)款所指的送達，須在第(5)款提述的期間內完成。

8. 關於第5(1)(b)條所指的申請的附加誓章程序 (第117A號命令第8條規則)

(1) 在以下情況下，本條規則適用—

(a) 在第7條規則提述的申請中，有多於一名持有人，而申請人在提出申請時，只知道其中

部分而非所有的持有人的下落；或

(b) 在第7條規則提述的申請提出後，申請人由於失去有關的持有人或(如有多於一名持有

人)其中某名或某些持有人的下落，而不能向該名或該等持有人送達有關的速辦原訴傳

票。

(2) 在以下情況下，申請人可將符合第(3)款規定的附加誓章送交法院存檔—

(a) 申請人已採取合理步驟，以尋找他不知道或失去其下落的一名或多於一名持有人的下

落；及

(b) 申請人已在普遍流通於香港的一份中文報章及一份英文報章上，刊登關於申請人擬提

出或繼續進行申請的通知，而該通知是致予他不知道或失去其下落的該名或該等持有

人的。

(3) 第(2)款提述的附加誓章須—

(a) 述明申請人相信本條規則適用；及

(b) 述明顯示申請人已作出第(2)(a)及(b)款提述的作為的事實。

(4) 申請人須在送交附加誓章存檔後7天內，向申請人知道其下落的每一名持有人(如有的話)，

送達該附加誓章的文本一份。

(5) 在以下情況下，法院可指示在申請人不知道或失去其下落的某名持有人缺席的情況下聆訊

申請—

(a) 法院信納—

(i) 本條規則適用；及

(ii)申請人已作出第(2)(a)及(b)款提述的作為；及

(b) 法院在考慮該申請的性質及情況後，認為在該名持有人缺席的情況下聆訊該申請，是

公正及合宜的。

(6) 在取得應本條規則適用的申請而根據第5(2)條作出的命令後，申請人須在切實可行範圍

內，盡快—

(a) 在普遍流通於香港的一份中文報章及一份英文報章上，刊登該命令；及

(b) (如申請人得悉在聆訊該申請時缺席的一名或多於一名持有人的下落)向該名持有人或

每一名該等持有人送達該命令、有關的速辦原訴傳票、用以支持的誓章的文本一份，

以及附加誓章的文本一份。

9. 就充公某些恐怖分子財產而提出的單方面申請 (第117A號命令第9條規則)

(1) 在以下情況下，第13條所指的、要求作出充公任何恐怖分子財產的命令的申請，可單方面

第 4A 章 - 《高等法院規則》 353

提出—

(a) 事態緊急；或

(b) 申請人不知道有關的持有人或(如有多於一名持有人)任何持有人的下落，而—

(i) 申請人已採取合理步驟，以尋找該名或該等持有人的下落；及

(ii)一項致予該名或該等持有人的關於申請人擬提出該申請的通知，已在普遍流通於

香港的一份中文報章及一份英文報章上刊登。

(2) 上述單方面申請，須藉以下方式提出—

(a) (如有現有法律程序在法院根據《條例》就有關的標的財產進行)藉由符合第11條規則

的誓章支持的傳票而提出；或

(b) (如沒有上述法律程序)藉由符合第11條規則的誓章支持的單方面原訴傳票而提出。

(3) 在取得應單方面申請而根據第13條作出的命令後，申請人須在切實可行範圍內，盡快—

(a) 在普遍流通於香港的一份中文報章及一份英文報章上，刊登該命令；及

(b) (如申請人知道或得悉有關的用以支持的誓章指明的一名或多於一名持有人的下落)向

該名持有人或每一名該等持有人送達該命令、有關的傳票或單方面原訴傳票(視屬何情

況而定)，以及用以支持的誓章的文本一份。

10. 就充公某些恐怖分子財產而提出的在各方之間的申請 (第117A號命令第10條規則)

(1) 如有第13條所指的申請在不屬第9(1)(a)及(b)條規則提述的情況下提出，則本條規則適

用。

(2) 上述申請，須藉以下方式提出—

(a) (如有現有法律程序在法院根據《條例》就有關的標的財產進行)藉由符合第11條規則

的誓章支持的傳票而提出；或

(b) (如沒有上述法律程序)藉由符合第11條規則的誓章支持的速辦原訴傳票而提出。

(3) 傳票或速辦原訴傳票及用以支持的誓章的文本，須在有關的申請的經編定聆訊日期前的14

整天之前，送達該誓章指明的其下落為申請人所知的持有人或每一名持有人。

(4) 獲送達傳票或速辦原訴傳票的人，如意欲援引誓章證據以反對該傳票或速辦原訴傳票，須

在該傳票或速辦原訴傳票送達後28天內，將證據誓章送交法院存檔，並向以下人士送達該

誓章的文本一份—

(a) 律政司司長；及

(b) 用以支持的誓章指明的其下落為申請人所知的任何其他持有人。

(5) 根據第(4)款將證據誓章送交存檔的人，亦可向他相信是持有有關的標的財產的任何其他

人，或向他相信是由他人為之持有或由他人代為持有該標的財產的任何其他人，送達該誓

章的文本一份。

(6) 第(5)款所指的送達，須在第(4)款提述的期間內完成。

11. 用以支持第13條所指的申請的誓章的內容 (第117A號命令第11條規則)

(1) 第9(2)條規則提述的用以支持的誓章，須述明相信第9條規則適用的理由。

(2) 第9(2)及10(2)條規則提述的用以支持的誓章，須述明—

(a) 相信有關的標的財產屬第2(1)條中恐怖分子財產的定義的(a)段提述的恐怖分子財產的理由，及相信該財產亦—

(i) 全部或部分、直接或間接代表因恐怖主義行為而產生的任何得益的理由；

(ii)擬用於資助或以其他方式協助作出恐怖主義行為的理由；或

第 4A 章 - 《高等法院規則》 354

(iii) 曾用於資助或以其他方式協助作出恐怖主義行為的理由；或

(b) 相信有關的標的財產屬該定義的(b)段提述的恐怖分子財產的理由。

(3) 第9(2)及10(2)條規則提述的用以支持的誓章，亦須指明有關的持有人或(如有多於一名持

有人)所有持有人及(如申請人知道的話)其下落。

12. 關於第13條所指的申請的附加誓章程序 (第117A號命令第12條規則)

(1) 在以下情況下，本條規則適用—

(a) 在第10條規則提述的申請中，有多於一名持有人，而申請人在提出申請時，只知道其

中部分而非所有的持有人的下落；或

(b) 在第10條規則提述的申請提出後，申請人由於失去有關的持有人或(如有多於一名持有

人)其中某名或某些持有人的下落，而不能向該名或該等持有人送達有關的傳票或速辦

原訴傳票。

(2) 在以下情況下，申請人可將符合第(3)款規定的附加誓章送交法院存檔—

(a) 申請人已採取合理步驟，以尋找他不知道或失去其下落的一名或多於一名持有人的下

落；及

(b) 申請人已在普遍流通於香港的一份中文報章及一份英文報章上，刊登關於申請人擬提

出或繼續進行申請的通知，而該通知是致予他不知道或失去其下落的該名或該等持有

人的。

(3) 第(2)款提述的附加誓章須—

(a) 述明申請人相信本條規則適用；及

(b) 述明顯示申請人已作出第(2)(a)及(b)款提述的作為的事實。

(4) 申請人須在送交附加誓章存檔後7天內，向申請人知道其下落的每一名持有人(如有的話)，

送達該附加誓章的文本一份。

(5) 在以下情況下，法院可指示在申請人不知道或失去其下落的某名持有人缺席的情況下聆訊

申請—

(a) 法院信納—

(i) 本條規則適用；及

(ii)申請人已作出第(2)(a)及(b)款提述的作為；及

(b) 法院在考慮該申請的性質及情況後，認為在該名持有人缺席的情況下聆訊該申請，是

公正及合宜的。

(6) 在取得應本條規則適用的申請而根據第13條作出的命令後，申請人須在切實可行範圍內，

盡快—

(a) 在普遍流通於香港的一份中文報章及一份英文報章上，刊登該命令；及

(b) (如申請人得悉在聆訊該申請時缺席的一名或多於一名持有人的下落)向該名持有人或

每一名該等持有人送達該命令、有關的傳票或速辦原訴傳票(視屬何情況而定)、用以

支持的誓章的文本一份，以及附加誓章的文本一份。

13. 撤銷指明某人為恐怖分子或是與恐怖分子有聯繫者或指明某財產為恐怖分子財產的命令 (第

117A號命令第13條規則)

(1) 第5(5)條所指的、要求完全或局部撤銷第5(2)條所指的命令的申請，可單方面提出。

(2) 上述單方面申請，須藉由誓章支持的傳票而提出。

(3) 用以支持的誓章，須述明有何情況導致申請人有合理理由相信，屬有關的申請的標的之人

第 4A 章 - 《高等法院規則》 355

或財產不是或不再是恐怖分子、與恐怖分子有聯繫者或恐怖分子財產(視屬何情況而定)。

14. 根據第12A、12B、12C或12G條提出的申請 (第117A號命令第14條規則)

(1) 本條規則適用於—

(a) 第12A(1)條所指的、要求作出命令的申請；

(b) 第12B(1)條所指的、要求作出命令的申請；

(d) 要求根據第12G(1)條發出手令的申請。

(2) 本條規則適用的申請，須藉經宣誓提出的告發的方式提出。

(3) 如法官有此指示，可在法院處所以外的地方聆訊申請。

(4) 在聆訊申請時，法院可自申請人處收取證據。

15. 撤銷或更改根據第12A或12B條作出的命令 (第117A號命令第15條規則)

(1) 根據—

(a) 第12A(13)條提出的、要求撤銷或更改第12A(2)條所指的命令的申請；或

(b) 第12B(8)條提出的、要求撤銷或更改第12B(2)或(7)條所指的命令的申請，

須藉由誓章支持的傳票而向法官提出。

(2) 傳票及用以支持的誓章，須述明申請人尋求撤銷或更改有關的命令的理由。

(3) 傳票及用以支持的誓章的文本，須在有關的申請的經編定聆訊日期前的3整天之前，送達律

政司司長。

(4) 在聆訊申請時，法院可撤銷有關的命令，亦可作出它認為適合的更改。

16. 聲稱對於第12A或12B條所指的命令有法律特權 (第117A號命令第16條規則)

(1) 如在行使第12A條所指的命令所賦予的、要求任何人回答問題或以其他方式提供資料的權力

的過程中，有任何要求法律特權的聲稱就任何資料作出，則作出該項聲稱的人須—

(a) 在作出該項聲稱的3天內，藉由誓章支持的傳票，向法院申請宣布該項資料為享有法律

特權者；及

(b) 在該申請的經編定聆訊日期前的3整天之前，向律政司司長送達該傳票及用以支持的誓

章的文本一份。

(2) 如在行使第12A或12B條所指的命令所賦予的、要求任何人提交材料或讓獲授權人員取覽該

材料的權力的過程中，有任何要求法律特權的聲稱就任何材料作出，則作出該項聲稱的人

須—

(a) 在獲授權人員在場下，將該材料放入密封的容器內封好；

(b) 立即將該已密封的容器存放於法院；

法律特權者；及

(d) 在該申請的經編定聆訊日期前的3整天之前，向律政司司長送達該傳票及用以支持的誓

章的文本一份。

17. 聲稱對於第12C或12G條所指的手令有法律特權 (第117A號命令第17條規則)

第 4A 章 - 《高等法院規則》 356

如在某獲授權人員執行根據第12C或12G條發出的手令的過程中，有任何要求法律特權的聲稱就

任何物品作出，則作出該項聲稱的人須—

(a) 在該獲授權人員在場下，將該物品放入密封的容器內封好，並將該已密封的容器交給

該獲授權人員保管，以待該人根據本條規則提出申請；

(b) 在作出該項聲稱的3天內，藉由誓章支持的傳票，向法院申請宣布該物品為享有法律特

權者；及

及用以支持的誓章的文本一份。

18. 以非公開形式聆訊申請 (第117A號命令第18條規則)

(1) 第12A、12B、12C或12G條所指的申請，須以非公開形式進行聆訊。

(2) 與申請有關的資料及所有其他文件須視作機密，並須在該申請一經裁定時，立即按聆訊該

申請的法官的命令，放入包裹之中及加以密封。

(3) 上述包裹須存放於公眾不能進入的地方或法官所批准的其他地方，由法院保管，並且—

(a) 除非按法官的命令，否則不得開啟，其內藏之物亦不得移走；及

(b) 除非依據法院命令，否則不得毀滅。

19. 第12H(2)條所指的繼續扣留被檢取的財產的申請 (第117A號命令第19條規則)

(1) 第12H(2)條所指的、要求作出授權繼續扣留任何被檢取的財產的命令的申請，須藉由誓章

支持的單方面原訴傳票而提出。

(2) 用以支持的誓章須—

(a) 述明有關的被檢取的財產的組成為何(如屬金錢，則包括述明其款額及所屬貨幣)，以

及檢取的日期和地點；

(b) 述明懷疑該財產是恐怖分子財產的理由；及

(3) 如有命令根據第12H(2)條就任何自某人(原管有人)處檢取的財產作出，該命令的申請人須在切實可行範圍內，盡快向以下人士送達該命令—

(a) 原管有人；及

(b) 申請人能合理地確定為在緊接該財產被檢取之前是持有該財產的每一人，或是由他人

為之持有或由他人代為持有該財產的每一人。

20. 第12H(3)條所指的繼續扣留被檢取的財產的申請 (第117A號命令第20條規則)

(1) 第12H(3)條所指的、要求作出授權繼續扣留任何被檢取的財產的命令的申請，須在根據第

19條規則展開的法律程序中藉由誓章支持的傳票而提出。

(2) 用以支持的誓章須—

(a) 述明懷疑有關的被檢取的財產是恐怖分子財產的理由；及

(b) 針對第12H(2)(b)條提述的事宜，提供何以繼續扣留該財產屬有理可據的詳情。

(3) 傳票及用以支持的誓章的文本，須在有關的申請的經編定聆訊日期前的5整天之前，送達每

一名受影響的人。

(4) 獲送達傳票的人，如意欲援引誓章證據以反對該傳票，須在有關的申請的經編定聆訊日期

前的2整天之前，將證據誓章送交法院存檔，並向以下人士送達該誓章的文本一份—

第 4A 章 - 《高等法院規則》 357

(a) 律政司司長；及

(b) 其他每一名受影響的人。

(5) 如有命令根據第12H(3)條作出，該命令的申請人須在切實可行範圍內，盡快向每一名受影

響的人送達該命令。

(6) 在本條規則及第21及22條規則中，受影響的人 (affected person) 就任何被檢取的財產而言，指就該財產已獲根據第19(3)條規則送達命令的人。

21. 第12H(4)條所指的發還被檢取的財產的申請 (第117A號命令第21條規則)

(1) 第12H(4)(a)條所指的、要求發還任何藉根據第12H(2)或(3)條作出的命令扣留的被檢取的

財產的申請，須藉由誓章支持的傳票而提出，該誓章須述明提出該申請的理由。

(2) 傳票及用以支持的誓章的文本，須在有關的申請的經編定聆訊日期前的5整天之前，送達—

(a) 律政司司長；及

(b) 每一名受影響的人。

(3) 第12H(4)(b)條所指的、要求發還任何藉根據第12H(2)或(3)條作出的命令扣留的被檢取的

財產的申請，須藉由誓章支持的傳票而單方面提出，該誓章須述明提出該申請的理由。

22. 發還被檢取的財產 (第117A號命令第22條規則)

就任何自某人(原管有人)處檢取的財產而言，如— (a) 第12H(2)條所指的命令屆滿，而又沒有命令根據第12H(3)條作出；

(b) 第12H(3)條所指的命令屆滿，而又沒有進一步的命令根據該條作出；或

則除第12H(5)條另有規定外，並且除非法院已指示須述明某爭論點並須在各受影響的人之間作

審訊，否則該財產須隨即按法院認為適合的條款(如有的話)，發還原管有人，或發還看來是對

該財產有所有權的某其他人。

23. 向法院申請撤銷根據第5(2)條作出的命令或根據第6(1)條發出的通知 (第117A號命令第23條規

則)

(1) 第17(1)(a)條所指的、要求完全或局部撤銷應單方面申請而根據第5(2)條作出的命令的申

請，須藉傳票提出。

(2) 就第(1)款及第17(1)(a)條而言，如第5(2)條所指的命令，是藉根據第5或8條規則在有關的

標的人士或持有人缺席的情況下聆訊某申請而取得的，則僅就該標的人士或持有人而言，

該申請須視為屬單方面提出者，而該命令須視為屬應單方面申請而作出者。

(3) 第17(1)(b)條所指的、要求完全或局部撤銷第6(1)條所指的通知的申請，須藉以下方式提

出—

(a) (如有現有法律程序在法院根據《條例》就屬該申請的標的之財產進行)藉傳票提出；

或

(b) (如沒有上述法律程序)藉速辦原訴傳票提出。

24. 關於第6(10)條所述的指示或第6(1)或8條所述的特許的申請 (第117A號命令第24條規則)

(1) 第17(4)條所指的、要求撤銷或更改第6(10)條所述的指示或要求批予或更改第6(1)或8條所

第 4A 章 - 《高等法院規則》 358

述的特許的申請，須藉以下方式提出—

(a) (如有現有法律程序在法院根據《條例》就屬該申請的標的之財產或金融(或有關的)服

務進行)藉傳票提出；或 (2012年第20號第10條)

(b) (如沒有上述法律程序)藉速辦原訴傳票提出。

(2) 如反對傳票或速辦原訴傳票的誓章已送交法院存檔，則有關的人須在有關的申請的經編定

聆訊日期前的3整天之前，向申請人送達該誓章的文本一份。

25. 賠償申請 (第117A號命令第25條規則)

(1) 第18條所指的、要求作出賠償命令的申請，須藉以下方式提出—

(a) (如有現有法律程序在法院根據《條例》就與該申請有關的人或財產進行)藉傳票提

出；或

(b) (如沒有上述法律程序)藉速辦原訴傳票提出。

(2) 傳票或速辦原訴傳票及用以支持的誓章的文本，須在有關的申請的經編定聆訊日期前的14

整天之前，送達—

(a) 律政司司長；及

(b) 遭指稱有犯錯失的任何其他人。

(3) 如反對傳票或速辦原訴傳票的誓章已送交法院存檔，則律政司司長須在有關的申請的經編

定聆訊日期前的7整天之前，向申請人送達該誓章的文本一份。

26. 載有關於資料或所信之事的陳述的誓章 (第117A號命令第26條規則)

如本命令提述的誓章載有關於某項資料或所信之事的陳述，則除非法院另有指示，該誓章亦須

載有該項資料或所信之事的來源和理由。

27. 在本司法管轄權範圍外送達 (第117A號命令第27條規則)

在法院許可下，將本命令所指的任何文件在本司法管轄權範圍外送達是容許的。

(2009年第186號法律公告) (格式變更—2012年第2號編輯修訂紀錄)

命令： 118 (香港)《釋義及通則條例》(第1章) L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

第XII部─新聞材料的

搜查及檢取

1. 釋義(第118號命令第1條規則)

在本命令中，“條例”(the Ordinance) 指《釋義及通則條例》(第1章)，而以數目提述的某

條，指條例中以該數目編排的該條。

2. 適用範圍(第118號命令第2條規則)

本命令適用於根據第84、85及87條進行的法律程序。

第 4A 章 - 《高等法院規則》 359

3. 根據第84條進行的法律程序

(第118號命令第3條規則)

(1) 第84條下的命令的申請，可藉由誓章支持的原訴傳票(速辦表格)提出。 (2008年第152號

法律公告)

(2) 誓章須載有所倚據的證據，以表明第84(3)條列出的條件已獲符合。

(3) 除非法庭另有指示，否則誓章可載有關於資料或所信之事的陳述以及資料或所信之事的來

源和理由。

(4) 儘管第28號命令第1A條規則已有規定，原訴傳票及誓章的文本仍須在申請的編定聆訊日期

前3整天或之前送達答辯人。

4. 根據第85條進行的法律程序

(第118號命令第4條規則)

(1) 第85條下的手令的申請，須單方面藉由誓章支持的、採用附錄A表格11格式的原訴傳票提

出。 (2008年第152號法律公告)

(2) 誓章須─

(a) 述明所倚據的是第85條列出的理由之中的甚麼理由；

(b) 載有所倚據的支持該等理由的證據；及

(3) 除非法庭另有指示，否則誓章可載有關於資料或所信之事的陳述以及資料或所信之事的來

源和理由。

(4) 所有根據第85條提出的申請，均須在內庭進行聆訊。

5. 根據第87條進行的法律程序(第118號命令第5條規則)

(1) 第87條下的命令的申請，須藉傳票提出，並可由誓章支持。

(2) 傳票須列出申請人所倚據的理由。

(3) 傳票及誓章(如有的話)的文本，須藉在傳票的編定聆訊日期前3整天或之前交付依據第

86(1)(a)條在手令中指名的人的方式而送達該人。

(4) 除非法庭另有指示，否則如一方擬援引證據，該一方須藉誓章如此行事，而該誓章可載有

關於資料或所信之事的陳述以及資料或所信之事的來源和理由。

(1996年第242號法律公告)

命令： 119 (香港)《防止賄賂條例》(第201章) L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

第III部─調查權力

1. 釋義(第119號命令第1條規則)

(1) 在本命令中，“條例”(the Ordinance) 指《防止賄賂條例》(第201章)，而以數目提述的

某條，指條例中以該數目編排的該條。

(2) 本命令中所用詞句，如亦用於條例中，其在本命令中所具涵義與條例中所具者相同。

第 4A 章 - 《高等法院規則》 360

2. 本命令的適用範圍(第119號命令第2條規則)

本命令適用於根據條例第III部向法庭提出的申請。

3. 法律程序的分派(第119號命令第3條規則)

本命令適用的申請須由法官在內庭進行聆訊。

(1998年第25號第2條)

4. 申請表格(第119號命令第4條規則)

除第6條規則另有規定外，本命令適用的申請，須藉採用附錄A表格11格式的原訴傳票單方面提

出，並除根據條例第14D條提出的申請外，須由誓章支持。

(2008年第152號法律公告)

5. 取用文件等的限制(第119號命令第5條規則)

(1) 與申請有關的原訴傳票、誓章(如有的話)、告發和所有其他文件，須視作機密，並須在申

請一經裁定時，立即藉聆訊申請的法官的命令而放入一包裹之中及加以密封。 (2008年第152號法

律公告)

(2) 該包裹須由法院加以保管，存放於公眾不能進入的地方或法官所批准的其他地方，且除非

藉一名法官的命令，否則不得─

(a) 開啟；

(b) 將其內藏之物移走；

(d) 予以毀滅。

(1998年第25號第2條)

6. 命令的更改或撤銷(第119號命令第6條規則)

(1) 根據條例第14D條提出的申請，須藉在作出所尋求予以更改或撤銷的命令的法律程序中發出

的傳票提出，並須在申請人能力所及範圍內述明提出申請的理由。

(2) 上述傳票及任何用以支持的誓章，須在申請的聆訊前3整天或之前送達專員。

(1997年第222號法律公告)

命令： 120 (香港)慈善信託 L.N. 362 of 1997; 25 of 1998

01/07/1997

附註：

具追溯力的適應化修訂─見1998年第25號第2條

1. 受託人的委任或免任(第120號命令第1條規則)

(香港) 凡認為關於任何慈善組織而委任或免任任何受託人或作出任何其他濟助、命令或指示

第 4A 章 - 《高等法院規則》 361

是適宜者，則本命令第3條規則所述的任何人，均可藉傳票(不經任何告發、訴訟或呈請)在內庭向法

庭申請給予視乎有關案件的性質所需的濟助、命令或指示。

2. 法庭的權力(第120號命令第2條規則)

(香港) 除非法庭認為適合另作指示，否則法庭可在內庭處理並處置該申請，法庭並隨即就之

而須及可具有和行使法庭現時在一宗在正常情況下提起的訴訟中或應呈請而可行使的所有司法管轄

權、權力及權限，亦可就該申請的事宜作出法庭現時在一宗在正常情況下提起的訴訟中或應呈請而

可作出的命令及指示(視乎有關案件所需而定)：

但如法庭按任何該等申請的情況而認為適合，可指示為取得該申請所尋求的濟助、命令或指

示，須提出或提交及進行告發、訴訟或呈請(視乎有關案件所需而定)，並且不就該申請進行進一步

的法律程序。

3. 申請(第120號命令第3條規則)

(香港) 根據本命令第1條規則提出的申請，可由以下人士提出─

(a) 律政司司長；

(b) 全部或任何一名或多於一名受託人，或全部或任何一名或多於一名管理或聲稱管理有

關信託的人或在其他情況下在該信託中有權益的人；或

或多於2名已獲律政司司長書面同意向法院提出申請的人。

(1997年第79號第4條；1997年第362號法律公告)

4. 律政司司長須成為某些申請的一方

(第120號命令第4條規則)

(香港) 凡本命令第3(b)條規則所提述的任何受託人或所提述的任何人根據本命令第1條規則提

出申請，則除非法庭另作命令，否則律政司司長須成為該申請的一方。

(1997年第79號第4條；1997年第362號法律公告)

(1989年第282號法律公告；1996年第383號法律公告)

命令： 121 《擄拐和管養兒童條例》(第512章) L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

法律程序及申請

1. 釋義(第121號命令第1條規則)

(1) 在本命令中，“《條例》”(the Ordinance) 指《擄拐和管養兒童條例》(第512章)。

(2) 本命令中所用詞句，如亦在《條例》中使用，則其在本命令中所具涵義與其在《條例》中

所具者相同。

(3) 在本命令中，除文意另有所指外─ (1998年第312號法律公告)

“申請”(application) 指根據《公約》或《條例》提出的申請；

“有關當局”(relevant authority) 包括法院、區域法院及少年法庭；

第 4A 章 - 《高等法院規則》 362

“決定”(decision) 包括任何司法當局作出的判決或命令，以及行政當局作出的命令。

2. 申請方式(第121號命令第2條規則)

(1) 除第(2)款另有規定外，每一宗原訴申請均可藉採用附錄A表格10格式的原訴傳票提出。

(2008年第152號法律公告)

(2) 凡申請人未將原訴傳票送交存檔而根據第9條規則尋求指示，則如有充分的因由提出，而申

請人亦向法院承諾盡快發出原訴傳票，法院可容許提出原訴申請，並施加其認為適合的其他條款(如

有的話)。

3. 交還兒童的申請(第121號命令第3條規則)

(1) 交還某兒童的申請須由申請人宣誓作出的誓章支持，如有關的個案情況有充分理由的話，

則須由獲正式授權代表申請人宣誓作出誓章的人所宣誓作出的誓章支持，該等誓章須在可能範圍內

盡量─

(a) 述明以下項目─

(i) 《公約》第8(a)至(d)條所指明的事宜；

(ii)《公約》第8(e)及(f)條所述明的事宜(如適用的話)；

(iii) 關乎該兒童的任何待決的或已審結的法律程序(包括在香港以外進行的法律程

序)的詳情；

(iv)有助確保交還該兒童的任何其他資料；

(b) 附上所有有關文件作為證物。

(2) 誓章須在將申請送交存檔時同時送交存檔，但如事態緊急，則誓章可在將申請送交存檔後

盡快送交存檔。

4. 申請《條例》第10條所指的宣布

(第121號命令第4條規則)

(1) 要求宣布遷移或扣留某兒童屬不當的申請，須由申請人宣誓作出的誓章支持，如有關的個

案情況有充分理由的話，則由獲正式授權代表申請人宣誓作出誓章的人所宣誓作出的誓章支持，該

等誓章須在可能範圍內盡量─

(a) 述明─

(i) 提出要求的國家所提出的要求的全部詳情；

(ii)《公約》第8(a)至(c)條所指明的事宜及申請人所倚據的所有其他事實；

(b) 附上所有有關文件作為證物。

(2) 誓章須在將申請送交存檔時同時送交存檔，但如個案的事態緊急，則誓章可在將申請送交

存檔後盡快送交存檔。

5. 被告人(第121號命令第5條規則)

(1) 在根據《公約》提出的要求交還某兒童的申請中，須以下列的人為被告人─

(a) 據誓章所指，是將該兒童帶入香港的人；

(b) 據誓章所指，是與該兒童在一起的人；

第 4A 章 - 《高等法院規則》 363

(d) 某項有關管養的決定(包括在香港以外的任何締約國家的有關當局的決定)所惠及的人

(如他除根據本款外並不屬申請的其中一方)；及

(e) 在該兒童的福利方面有充分利害關係的任何其他人。

(2) 在《條例》第10條所指的申請中，須以第(1)(b)至(e)款所提述的人為被告人。

6. 送達認收的時限(第121號命令第6條規則)

(2008年第152號法律公告)

依據第2條規則發出的原訴傳票的送達認收的時限是送達該原訴傳票後7天(包括送達當日)；如

送達是在司法管轄範圍外進行的，則送達認收的時限是送達該原訴傳票後14天(包括送達當日)。

(2008年第152號法律公告)

7. 進一步證據(第121號命令第7條規則)

(1) 任何被告人可在對原訴傳票作送達認收後5天內，將他擬倚據的任何誓章送交存檔和向其他

各方送達該誓章。 (2008年第152號法律公告)

(2) 原告人可在其後5天內將答覆誓章送交存檔和向被告人送達該答覆誓章。

8. 法律程序的分派(第121號命令第8條規則)

除非法院另有指示，否則每一宗申請須由高等法院法官聆訊和裁定(但延展時限的申請及加入被

告人的申請可由聆案官聆訊)，並須在內庭審理。

9. 臨時指示(第121號命令第9條規則)

如個案的事態緊急，要求作出《條例》第7條所指的臨時指示的申請可單方面提出。

10. 擱置法律程序(第121號命令第10條規則)

(1) 凡某兒童屬關乎管養權的爭議的法律程序的標的，而任何人欲就該兒童受到不當遷移或扣

留而發出《公約》第16條所指的通知，他須將表明此意的通知書向登記處送交存檔；該通知書須包

含一項述明該等法律程序的性質的扼要陳述，並須指出該等法律程序是在那一個有關當局席前待決

的。

(2) 根據第(1)款發出的通知書須由發出該通知書的人以誓章核實，而該誓章須與該通知書同時

送交存檔。

(3) 司法常務官在接獲上述通知書及誓章後，須在切實可行的範圍內盡快向有關當局提供該等

通知書及誓章的文本。

11. 法院命令的認證文本(第121號命令第11條規則)

(1) 任何人如欲在香港以外的任何締約國家根據《公約》就某兒童提出申請，並意欲從法院獲

得法院就該兒童所作出的法院命令的認證文本，則該人須為此以書面向司法常務官提出申請。

(2) 根據第(1)款提出的申請須在可能範圍內盡量指明─

(a) 有關兒童的姓名及出生日期；

第 4A 章 - 《高等法院規則》 364

(b) 有關命令的日期及導致作出該命令的法律程序的簡稱；

(d) 申請人與該兒童的關係；

(e) 申請人的地址。

(3) 在接獲根據本條規則提出的申請後，司法常務官須將有關的命令的認證文本一份藉郵遞方

式寄往在該申請內註明的地址而送交申請人；如司法常務官不能找到該命令，則須將此事通知申請

人。

(4) 上述命令的認證文本，須為經加蓋法院印章的正式文本，並須註有由司法常務官簽署的證

明書，核證該文本是一項自法院取得的命令的真確文本，且是為《公約》的施行而發出的。

(1998年第119號法律公告)

附錄： A 表格 L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

表格1

傳訊令狀

(第6號命令第1條規則)

(香港盾徽)

香港特別行政區高等法院

原訟法庭

20.........年第.........宗

A.B. 原告人

及

C.D. 被告人

致被告人 ( 姓名或名

稱) ...................................................................................

(地

址) ...................................................................................

......................................

本傳訊令狀已由上述原告人就背頁所列出的申索而針對你發出。

在本令狀送達你後(14天)內(送達之日計算在內)，你必須了結該申索或將隨附的送達認收書交

回高等法院登記處，並在認收書中述明你是否擬就本法律程序提出爭議或作出承認。

如你沒有在上述時限內了結該申索或交回送達認收書，或如你交回送達認收書但沒有在認收書

第 4A 章 - 《高等法院規則》 365

中述明擬就法律程序提出爭議，則原告人可繼續進行訴訟，而判你敗訴的判決可隨即在無進一步通

知發出的情況下予以登錄。

*[你如擬作出承認，可按照隨附的關於送達認收書的指示，填寫適當的附上的表格。]

本令狀於今天，即20.........年.........月.........日由高等法院登記處發出。

備註：─本令狀除非經由法庭命令予以續期，否則不得在發出日期起計12個公曆月之後送達。

重要事項

關於送達認收書的指示載於隨附的表格。

(表格1背面)

*[申索陳述書]

原告人就下述各項提出申

索 ............................................................................ * 方括號內字句如不適用請予刪去。

* (如註有申索陳述書，請簽署。申索陳述書必須按照《高等法院規則》(第4章，附屬法例A)第41A號命令，以屬

實申述核實。)

------------------------------------------------------------------------------------------ (凡原告人只就一筆債項或經算定的索求款項提出申索：如在交回送達認收書的時限內，被告人

支付所申索的款額以及$ ..................... 作為訟費，則進一步的法律程序會被擱置。該筆

款項必須付給原告人或其律師。

本令狀是由代表上述原告人

的 ........................................................................

律師事務所發出，其地址

為 ....................................................................................

........................................................，而該原告人的地址則

為 ................................

.......................................................................................

...........................................。

*(或凡原告人是親自起訴者。

本令狀是由上述原告人發出，該原告人居

於 ................................................

.......................................................................................

..............................................

及(如原告人並非居於本司法管轄權範圍內)其送達地址為 ...................................

.......................................................................................

..........................................)。

(1994年第103號法律公告；1998年第25號第2條；2008年第152號法律公告)

第 4A 章 - 《高等法院規則》 366

表格8

原訴傳票─普通表格

(第7號命令第2條規則)

香港高等法院

原訟法庭

19.........年第.........宗

(有關.......................事宜)

A.B. 原告人

及

C.D. 被告人

致C.D.，其地址為

在本傳票送達被告人後(14天)內(送達之日計算在內)，被告人須將隨附的送達認收書交回高等

法院登記處。

本傳票是應居

於.................................................................................的原

告人A.B.的申請發出，而藉本傳票，原告人針對被告人...................................

................................................................提出申索(或尋求法庭就下

述問題作出裁決，

即.....................................................................................

..................................

.......................................................................................

.......(或按具體情況填寫))。

如被告人不作送達認收，法庭可作出其認為公正及合宜的判被告人敗訴的判決或命令，或就被

告人作出其認為公正及合宜的判決或命令。

日期：19........年........月........日

備註：─本傳票除非經由法庭命令予以續期，否則不得在上述日期起計12個公曆月之後送達。

本傳票是由代表上述原告

人 ..................................................................

的.....................................................................................

第 4A 章 - 《高等法院規則》 367

........律師事務所取得，其地址為....................................，而該原告人的地址

則如上所述(或凡原告人是親自起訴者。本傳票是由居於上述地址(或按具體情況填寫)的上述原告人

取得，及 ( 如原告人並非居於本司法管轄權範圍內 ) 其送達地址

為.................................)。

重要事項

關於送達認收書的指示載於隨附的表格。

(1994年第103號法律公告；1998年第25號第2條；2008年第152號法律公告)

表格10

原訴傳票─速辦表格

(第7號命令第2條規則；第29號命令第8A條規則；第30號命令第9條規則；第62號命令第

11A條規則；第73號命令第2、3及4條規則；第100號命令第2條規則；第115號命令第2A、

3、7及24條規則)

香港特別行政區高等法院

原訟法庭

20.........年第.........宗

(有關.......................事宜)

A.B. 原告人

及

C.D. 被告人

C.D. ，其地址為

...............................................................................

..........，須於20..........年..........月..........日星期..........上／下午..........

時..........分(或如尚未申請編定日期，則為有待編定的日期)到香港高等法院在內庭的司法常務

官(或法官)席前，以便在原告人A.B.(其地址為.............................................)

所提出的下述申請中出席，

即.....................................................................................

...........。

在本傳票送達被告人後(14天)內(送達之日計算在內)，被告人須將隨附的送達認收書交回高等

法院登記處。

日期：20........年........月........日

第 4A 章 - 《高等法院規則》 368

備註：─本傳票除非經由法庭命令予以續期，否則不得在上述日期起計12個公曆月之後送達。

本傳票是由代表上述原告人

的.................................................................律師事務所取得，其地

址

為.....................................................................................

.....

...................................................................，而該原告人的地址則

如上所述(或凡原告人是親自起訴者。

本傳票是由上述原告人取得，該原告人居

於................................................

.........................................及(如原告人並非居於本司法管轄權範圍內)其送

達地址

為.....................................................................................

.................................)。

備註：─如被告人不在上述時間地點親自或由大律師或律師代表出席，法庭會按其認為公正及

合宜的方式作出命令。

重要事項

關於送達認收書的指示載於隨附的表格。

(1994年第103號法律公告；1998年第25號第2條；2008年第152號法律公告)

表格11

單方面原訴傳票

(第7號命令第2條規則；第118號命令第4(1)條規則；第119 號命令第4條規則)

20 ........ 年第 ........ 宗

香港特別行政區高等法院

有

關 ....................................................................................

......................... 事宜

所有有關各方均須於20 ......... 年 .......... 月 ......... 日星期 .......... 上／下

午 .......... 時 ......... 分到香港高等法院在內庭的法官(或聆案官)席前，以便在A.B.所提出

的下述申請中出席，

即......................................................................。

日期：20 ......... 年 .......... 月 ......... 日

本傳票是由代表申請人

第 4A 章 - 《高等法院規則》 369

的 ................................................................. 律師取得，其地址

為.....................................................................................

........................ ，而申請人的地址則

為........................................................。

(1997年第313號法律公告；1998年第25號第2條；2008年第152號法律公告)

表格11A

就管有而發出的原訴傳票

(第113號命令第2條規則)

19.........年第.........宗

香港原訟法庭

(有關.......................事宜)

A.B. 原告人

及

C.D. 姓名或名稱已知的被告人(如有的話)

致[C.D.及]佔用....................................................................

的[其他]每一人。

所有有關各方均須於19..........年..........月..........日星期..........上／下

午.............時 ..........分到香港..........................................原訟法

庭 ............................ 席前，出席就 A.B. 要求作出命令讓他收

回..................................的管有的申請所進行的聆訊，而A.B.提出申請的理由是他

有權管有而佔用的人是未經特許或同意而佔用該處所的。

日期：19.........年.........月.........日

本傳票是由代表上述原告人的.................................................律師取

得，其地址

為.....................................................................................

................ ，而原告人的地址則

為.....................................................................................

......................。

[或如原告人是親自行事]

本傳票是由上述原告人取得，該原告人居於........................................

.............................而其本人為(述明職業).................................及(如

原告人並非居

於本司法管轄權範圍內 ) 其送達地址

為.............................................................。

備註：─ 任何現正佔用該處所的人，均可親自或由大律師或律師代表向法庭申請加入成為被告人。

如現正佔用該處所的人不在上述時間地點親自或由大律師或律師代表出席，法庭會按其認

第 4A 章 - 《高等法院規則》 370

為公正及合宜的方式作出命令。

(1994年第103號法律公告；1997年第313號法律公告；1998年第25號第2條)

表格12

聆訊原訴傳票的預約時間通知書

(第28號命令第2條規則)

(標題與傳票相同)

致 ( 被告人姓名或名稱 ) ，其地址

為...............................................................。

現通知你，於19.............年.............月...........日在本案中發出的原訴傳票，將

於19.........年.........月.........日星期.........上／下午...........時..........分在香

港高等法院由法官在內庭(或聆案官)聆訊。你可親自出席或由你的律師或大律師代表出席。如你沒

有出席，法庭會按其認為公正及合宜的方式作出命令。

日期：19.........年.........月.........日

(簽署)...................................................

原告人的代表律師

(1994年第103號法律公告；1997年第313號法律公告；1998年第25號第2條)

表格13

原訴動議通知書

(第8號命令第3條規則)

19.........年第.........宗

香港高等法院

有關..............................................................事宜

及

有關..............................................................事宜

第 4A 章 - 《高等法院規則》 371

現通知你，代表A.B.的大律師，將於本通知書送達你後.............................天屆滿

之時(或於19..........年..........月..........日星期............法庭開庭之時)或其後大律

師最早可獲聆聽之時，動議香港高等法院(在..............................法官席前)作出下述

命令，

即.....................................................................................

............

.......................................................................................

..............( 或給予下述濟助，

即.....................................................................................

............................................)

本(申請)(上訴)的訟費及附帶費用，可由............................................支

付。

( 現又通知你本 ( 申請 )( 上訴 ) 的理由

是：..........................................................)

日期：19..........年..........月..........日

(簽署)......................................................

本通知書由地址

為.....................................................................................

... 的律師 C.D. 代上述 ( 申請人 )( 上訴人 )A.B. 發出，後者的地址

為 ....................................................................... 或由 ( 申請

人)(上訴人)A.B.親自發出，其送達地址為...............................................。

致 ...................................................... ，其地址

為...........................................。

(1994年第103號法律公告；1997年第313號法律公告；1998年第25號第2條)

表格14

傳訊令狀送達認收書

(第12號命令第3條規則)

關於送達認收書的指示

1. 隨附的送達認收書表格應由代表被告人行事的律師撕下及填寫，或如被告人是親自行事，

則應由被告人撕下及填寫。表格填妥後必須交付或以郵遞方式送交高等法院登記處，登記處的地址

是：─

第 4A 章 - 《高等法院規則》 372

[在此填上高等法院登記處的地址]

2. 被告人如在其送達認收書中表示擬就法律程序提出爭議，則必須亦將一份抗辯書送交高等

法院登記處存檔，該份抗辯書必須以中文或英文寫成，其文本並必須送達原告人的代表律師(或如原

告人是親自行事，則送達原告人)。

如令狀註有申索陳述書(即在背頁上端出現“申索陳述書”等字)，則除非在對令狀作送達認收

的時限後28天內有要求作判決的傳票送達被告人，否則必須在該段時限內將抗辯書送交存檔及送

達。

如令狀並無註有申索陳述書，則必須在申索陳述書送達被告人後28天內將抗辯書送交存檔及送

達。

如被告人沒有在適當時限內將其抗辯書送交存檔及送達，則原告人可不發出進一步通知而登錄

判被告人敗訴的判決。

被告人的抗辯書必須按照《高等法院規則》(第4章，附屬法例A)第41A號命令，以屬實申述核

實。

3. 如原告人尋求的唯一補救，是支付經算定款項或支付未經算定款項，你可藉填寫隨附於傳

訊令狀的表格16或16C(視乎情況所需)，承認原告人的整項申索或其部分。

填妥的表格16或16C必須在送達抗辯書的限期內，送交高等法院登記處存檔，並送達原告人[或

原告人的律師]。

4. 被告人如意欲對原訟法庭在法律程序中的司法管轄權提出爭議，或意欲辯稱原訟法庭不應

在有關法律程序中行使其司法管轄權，並意欲向原訟法庭提出申請，要求作出擱置法律程序的命

令，必須就法律程序發出擬抗辯通知書，並必須在送達抗辯書的時限內提出申請。

見隨附的填寫指引

填寫指引

1. 每一名被告人(如被告人多於一名)均須填寫一份送達認收書，並將之交回高等法院登記

處。

[2. 為計算作送達認收的14天期限，面交送達被告人的令狀視作已在其交付被告人之日送達，

而以郵遞或投入被告人信箱的方式送達的令狀，則視作已在投寄或投入被告人信箱之日後第七天送

達。]

(備註：如被告人是一間公司而令狀是在該公司的註冊辦事處送達，則此條並不適用。)

3. 凡被告人是以有別於其本身姓名或名稱的姓名或名稱被起訴，表格必須由他填寫，並須在

第1段中加上“以(傳訊令狀所述明的姓名或名稱)之名被起訴”等字。

第 4A 章 - 《高等法院規則》 373

4. 凡被告人是一間商號，且並沒有指示律師代為行事，表格必須由一名合夥人以其姓名或名

稱填寫，並須在第 1 段中在其姓名或名稱之後加上

“( .................................................. )商號的合夥人”的描述。

5. 凡被告人是以個人身分以其本身姓名以外的名稱營業而被起訴，表格必須由他填寫，並須

在第 1 段中在其姓名之後加上 “ 以

( .......................................................................... ) 之名營

業”的描述。

6. 凡被告人是一間有限公司，表格必須由律師或獲授權代該公司行事的人填寫，但該公司如

無律師代表行事，則不得在法律程序中採取進一步的步驟。

7. 凡被告人是未成年人或精神病人，表格必須由辯護監護人的代表律師填寫。

8. 親自行事的被告人可在高等法院登記處獲取協助填寫表格。

9. 本填寫指引只適用於比較普通的案件，親自行事的被告人如有困難應參閱上文第8段。

(標題與表格1相同，由原告人填寫)

傳訊令狀送達認收書

如你擬指示律師代為行事，請立即將本表格交給他。

重要事項：填寫本表格前請小心閱讀隨附的指示及填寫指引。如錯誤提供任何所需資料或該等

資料有所遺漏，則本表格可能須予退回。

任何延遲可能會導致登錄判被告人敗訴的判決，而被告人或其律師可能須支付申請將該判決作

廢的訟費。

見指引1、3、

4及5。 1. 述明對令狀作送達認收或由他人代為對令狀作送達認收的被告人的全名。

2. 述明被告人是否擬就法律程序提出爭議(在適用的方格內加上“”號) □是 □否

見指示3。 3. 如原告人尋求的唯一補救，是支付經算定款項或支付未經算定款項，述明被告

人是否擬作出承認(在適用的方格內加上“”號) □是 □否

如擬作出承認，被告人可藉填寫隨附於傳訊令狀的表格16或16C(視乎情況所需)

而作出承認。方括號內字句如不適

用請予刪去。本人據此對令狀作送達認收。

(簽署) [律師]

( )

第 4A 章 - 《高等法院規則》 374

[無律師代表的被告人]

送達地址

關於送達地址的備註

律師：凡被告人是由律師代表，述明該律師在香港的營業地點。

無律師代表的被告人：凡被告人是親自行事，被告人必須填上其居所，或如被告人並非居於香

港，則必須填上一個給予他的通訊所應送交的香港地址。如屬有限公司，“居所”(residence) 指

其註冊或主要辦事處。

(第(1)頁背面)

由原告人的代表律師(或親自起訴的原告人)填上的關於其姓名或名稱、地址及檔號(如有的話)

的註明。

(1997年第313號法律公告；1998年第25號第2條；2000年第129號法律公告；2008年第152號法律

公告)

表格15

原訴傳票送達認收書—所有案件(根據

《高等法院條例》第52B條展開的只

涉訟費的法律程序除外)

(第10號命令第5條規則；第12號命令第3(1)條規則)

關於送達認收書的指示

1. 隨附的送達認收書表格應由代表被告人行事的律師撕下及填寫，或如被告人是親自行事，

則應由被告人撕下及填寫。表格填妥後必須交付或以郵遞方式送交高等法院登記處，登記處的地址

是：─

[在此填上高等法院登記處的地址]

2. 如原告人尋求的唯一補救，是支付經算定款項或支付未經算定款項，你可藉填寫隨附於原

訴傳票的表格16或16C(視乎情況所需)，承認原告人的整項申索或其部分。

填妥的表格16或16C必須在送交被告人的誓章證據存檔的限期內，送交高等法院登記處存檔，並

送達原告人[或原告人的律師]。

3. 被告人如意欲對原訟法庭在法律程序中的司法管轄權提出爭議，或意欲辯稱原訟法庭不應

在有關法律程序中行使其司法管轄權，並意欲向原訟法庭提出申請，要求作出擱置法律程序的命

令，必須就法律程序發出擬抗辯通知書，並必須在送達抗辯書的時限內提出申請。

第 4A 章 - 《高等法院規則》 375

填寫指引請見後頁

[第(1)頁背面]

填寫指引

[與表格14相同，但“傳訊令狀”須代以“原訴傳票”。]

(標題與表格8或10相同，由原告人填寫)

原訴傳票送達認收書

如你擬指示律師代為行事，請立即將本表格交給他。

重要事項：填寫本表格前請小心閱讀隨附的指示及填寫指引。如錯誤提供任何所需資料或該等

資料有所遺漏，則本表格可能須予退回。

見指引1、3、

4及5。 1. 述明對原訴傳票作送達認收或由他人代為對原訴傳票作送達認收的被告人的全

名。

2. 述明被告人是否擬就法律程序提出爭議(在適用的方格內加上“”號) □是 □否

見指示2。 3. 如原告人尋求的唯一補救，是支付經算定款項或支付未經算定款項，述明被告

人是否擬作出承認(在適用的方格內加“”號) □是 □否

如擬作出承認，被告人可藉填寫隨附於原訴傳票的表格16或16C(視乎情況所需)

而作出承認。方括號內字句如不適

用請予刪去。本人據此對原訴傳票作送達認收。

(簽署) [律師]

( )

[無律師代表的被告人]

送達地址

關於送達地址的備註律師：凡被告人是由律師代表，述明該律師在香港的營業地點。

無律師代表的被告人：凡被告人是親自行事，被告人必須填上其居所，或如被告人並非居於香

港，則必須填上一個給予他的通訊所應送交的香港地址。如屬有限公司，“居所”(residence) 指

其註冊或主要辦事處。

(第(1)頁背面)

由原告人的代表律師(或親自起訴的原告人)填上的關於其姓名或名稱、地址及檔號(如有的話)

的註明。

(1998年第25號第2條；2008年第152號法律公告)

第 4A 章 - 《高等法院規則》 376

表格15A

原訴傳票送達認收書—根據《高等法院條例》

第52B條展開的只涉訟費的法律程序

(第10號命令第5條規則；第12號命令第3(1)條規則；

第62號命令第11A條規則)

關於送達認收書的指示

隨附的送達認收書表格應由代表被告人行事的律師撕下及填寫，如被告人是親自行事，則應由

被告人撕下及填寫。表格填妥後必須交付或以郵遞方式送交高等法院登記處，登記處的地址是—

[在此填上高等法院登記處地址]

填寫指引請見後頁

[第(1)頁背面]

填寫指引

[與表格14相同，但“傳訊令狀”須代以“原訴傳票”。]

(標題與表格8或10相同，由原告人填寫)

原訴傳票送達認收書

如你擬委聘律師代為行事，請立即將本表格交給他。

重要事項：填寫本表格前請小心閱讀隨附的指示及填寫指引。如遺漏或錯誤提供任何所需資料，本表格可能須予退回。

見指引1、3、

4及5。 1. 述明對原訴傳票作送達認收或由他人代為對原訴傳票作送達認收的被告人的全

名。

2. 述明被告人是否擬就訟費的法律責任提出爭議(在適當的方格內加上“”號) □是 □否

3. 述明被告人是否擬就該等訟費的款額提出爭議(在適當的方格內加上“”號) □是 □否

方括號內字句如

不適用，請予刪

去。

本人據此對原訴傳票作送達認收。

(簽署) [律師]

( )

[無律師代表的被告人]

第 4A 章 - 《高等法院規則》 377

送達地址

關於送達地址的備註

律師：凡被告人由律師代表，述明該律師在香港的營業地點。

無律師代表的被告人：凡被告人親自行事，被告人必須述明其居所，或(如被告人並非居於

香港)一個給予他的通訊應送交至的香港地址。就有限公司而言，“居所”(residence) 指其註冊或

主要辦事處。

(第(1)頁背面)

由原告人的代表律師(或親自起訴的原告人)填上的關於其姓名或名稱、地址及檔號(如有的話)

的註明。

(2008年第152號法律公告)

表格16

承認(經算定款額)

(第13A號命令第4(2)、5(2)及13(2)條規則)

(標題與訴訟相同)

註釋

1. 原告人針對你而提出的唯一申索，是經算定款項。你可在下述限期內，藉填寫本表格而承認原

告人的整項申索或其部分—

(a) (如你已獲送達令狀)送達抗辯書的限期；或

(b) (如你已獲送達原訴傳票)將你的誓章證據送交存檔的限期；或

2. 如你已作出承認，你僅會在法庭認為容許你修訂或撤回你的承認屬公正的情況下，獲容許修訂

或撤回你的承認。

3. 如你不要求給予時間以作付款，原告人會決定你應支付的款額，以及你應在何時付款。

4. 如你要求給予時間以作付款，原告人會決定是否接受你的付款建議。

5. 如原告人接受你的付款建議，原告人可在你的承認的文本送達他後14天內，請求法庭登錄判你

敗訴的判決。

6. 如原告人不接受你的付款建議，法庭在考慮下述事宜後，會決定應如何作出付款—

(a) 本表格列出的資料；

(b) 原告人不接受你的付款建議的原因；及

7. 已填妥的表格應送交高等法院登記處存檔。

第 4A 章 - 《高等法院規則》 378

如何填寫本表格

‧ 在正確的方格內加上“”號，並盡可能提供最詳盡的資料。然後在表格上簽署和註明日期。如有需要，可另紙提供詳細資料，加上有關訴訟編號，並將其夾附於本表格。

‧ 如你不要求給予時間以作付款，則不必填寫第2至9項以及第11至14項。

‧ 如你要求給予時間以作付款，可在第14項中作出你的付款提議。

‧ 如你並非個人，則不必填寫第1至9項，但你應填寫第10至12項，並確保你遵守第13項指明的規

定，以及就你的商號、公司或法團的資產及負債提供足夠的詳細資料，以支持在第14項中作出

的任何付款提議。

‧ 如你是個人，則不必填寫第10至12項，亦不必遵守第13項指明的規定。

‧ 你可在高等法院登記處，得到關於填寫本表格的協助。

你承認多少的申索款額？

□ 本人承認申索陳述書所顯示全部申索款額或

□ 本人承認的款額為

1. 個人詳細資料

姓

名

□ 先生 □ 夫人 □ 小姐 □ 女士

地址

2. 受養人(接受你財政照顧的人)

(提供詳細資料)

3. 受僱情況

□ 本人受僱為

第 4A 章 - 《高等法院規則》 379

本人的僱主為

主要工作以外的工作

(提供詳細資料)

□ 本人自僱從事

每年營業額為 $

□ 本人並無拖欠本人的強制性公積金供款及入息稅

□ 本人有拖欠款項，所欠款

額為

提供以下項目的詳細資料：

(a) 手上的合約及其他工作

(b) 已進行工作的任何未付

款項

□ 本人已失業，為期年個月

□ 本人為領取退休金的人

4. 銀行帳戶及儲蓄(請全數列出)

銀行帳戶貸項款額

透支款額

5. 居所

本人居於 □ 自置居住單位

□ 本人的聯名擁有居住單位

□ 公共屋邨

□ 租住私人單位

□ 其他(請指明)

6. 入息

本人通常的實得收入(包括超時收入、佣金、花紅等) 每月$

本人的退休金每月$

第 4A 章 - 《高等法院規則》 380

居於本人家中的其他人給本人的款項每月$

其他入息(在下面提供詳細資料)

每月$

總入息每月$

7. 其他資產(請列出和示明其所在)

8. 開支

(請勿包括住戶中其他成員自其本身入息作出的任何付款)

本人有以下定期開支︰

按揭(包括第二按揭) 每月$ 租金每月$

差餉及地租每月$

管理費每月$

家庭傭工薪金每月$

石油氣／煤氣費每月$

電費每月$

水費每月$

電話費每月$

家務開支、食物、學校膳食每月$

交通費每月$

子女衣服每月$

學費及補習費每月$

贍養費每月$

法庭命令每月$

其他

每月$

總開支每月$

9. 負債

(本項僅供填寫欠款。請勿包括第8項中列出的定期開支。)

租金欠款 $

按揭欠款 $

差餉及地租欠款 $

水費欠款 $

燃料債項︰石油氣／煤氣費 $

電費 $

第 4A 章 - 《高等法院規則》 381

其他 $

贍養費欠款 $

貸款及信用卡債項(請列出) $

其他(在下面提供詳細資料)

總負債 $

10. 商號、公司或法團

名稱

地址

電話號碼

商號、公司或法團資產(請列出)

財產、裝置及設備 $

庫存資產 $

商譽及其他無形資產 $

貸款及應收款項 $

銀行結餘及現金 $

其他 $

總額 $

商號、公司或法團負債(請列出)

營業應繳款項 $

應繳稅項 $

其他應繳款項 $

銀行貸款 $

其他借款 $

其他 $

總額 $

13. 將商號、公司或法團最近期的經審計的損益表及資產負債表副本夾附於本表格

付款提議

第 4A 章 - 《高等法院規則》 382

□ 本人能夠在以下日期支付已承認的款額

或

□ 本人能夠分期每[週/月等]支付 $

由 (日期)開始

如你不能即時付款，請在下面簡述理由︰

15. 聲明本人聲明：盡本人所知，本人在以上各段及在附頁(如有的

話)中提供的詳細資料，均屬事實

本人謹憑藉《宣誓及聲明條例》(第11章)衷誠作出此項鄭重聲明，並確信其為真確無訛

簽署

職銜或所擔任的職位

(如代表商號、公司或

法團簽署)

連同公司圖章

(如適用的話)

此項聲明是於20 年 _ 月日在香港作出。

在本人面前作出，

[簽署及職銜，即︰太平紳士／公證人／監誓員。]

附註— 根據《刑事罪行條例》(第200章)第36條，任何人明知而故意在任何成文法則授權他或規定

他作出的聲明或其他文件中，作出在要項上屬虛假的陳述，即屬犯罪。

— 屬個人的被告人必須由個人親身簽署。公司的董事必須事先取得常規聆案官的許可，方可代

公司簽署。

— 如原告人沒有在本表格送達他後14天內，將要求判決的請求送交存檔，其申索須予擱置，直

至他將該請求送交存檔為止。

(2008年第152號法律公告)

表格16A

要求判決的請求(承認經算定款額)

第 4A 章 - 《高等法院規則》 383

(第13A號命令第4(3)、9(4)及10(2)條規則)

(標題與訴訟相同)

‧ 切記在表格上簽署和註明日期。你作出簽署，即核證你所提供的資料正確無誤。

‧ 請將已填妥的表格交回法院。

‧ 已填妥的表格應送交高等法院登記處存檔。

________________________________________________________________________

A 被告人已承認本人的整項申索

僅在以下一個方格內加上“”號，並依循所給予的指示。 □ 本人接受被告人的付款建議

附上判決的文稿以供批准。法庭會按照被告人的建議登錄判決。

□ 被告人未有作出任何付款建議

附上判決的文稿以供批准。你可要求判定款項以分期付款或一次過付款方式支付。

□ 本人不接受被告人的付款建議

附上判決的文稿以供批准。你可說明你希望被告人如何付款。提供你反對被告人的付款提

議的理由。(如有需要，可在本表格背面繼續填寫。)

附註：—法庭會將其判決通知你和被告人。

_________________________________________________________________________

本人核證所提供的資料正確無誤

簽署

職銜或所擔任的職位

(如代表商號、公司或 (原告人)(原告人的律師)(起訴監

護人) 法團簽署)

日期

連同公司圖章

(如適用的話)

(2008年第152號法律公告)

表格16B

對經算定款額的部分承認的答覆及要求判決的請求

(第13A號命令第5(3)及(5)、9(4)及10(2)條規則)

(標題與訴訟相同)

‧ 請在被告人的承認的文本向你送達後14天內填妥本表格的下半部，並將其送交高等法院登記處存

檔，藉以告知法庭你希望作出何事。

第 4A 章 - 《高等法院規則》 384

你同時必須向被告人送達一份文本。如你沒有在訂明限期內，將本表格送交高等法院登記處存

檔，你的申索會被擱置。法庭在接獲本表格前，不會採取進一步的行動。

‧ 你必須在方格A或B內加上“”號

‧ 切記在通知書上簽署和註明日期。

_______________________________________________________________________ A □ 本人不接受被告人的部分承認

如你在方格A內加上“”號，有關申索會作為有抗辯申索進行。 B □ 本人接受被告人承認的款額以了結本人的整項申索

僅在以下一個方格內加上“”號，並依循所給予的指示。 □ 本人接受被告人的付款建議

附上判決的文稿以供批准。法庭會按照有關提議登錄判決。

□ 被告人未有作出任何付款建議

附上判決的文稿以供批准。你可要求判定款項以分期付款或一次過付款方式支付。

□ 本人不接受被告人的付款建議

附上判決的文稿以供批准。你可說明你希望被告人如何付款。提供你反對被告人的付

款提議的理由。(如有需要，可在本表格背面繼續填寫。)

附註：—法庭會將其判決通知你和被告人。

_______________________________________________________________________ 本人核證所提供的資料正確無誤

簽署

職銜或所擔任的職位

(如代表商號、公司或 (原告人)(原告人的律師)(起訴監

護人) 法團簽署)

日期

連同公司圖章

(如適用的話)

(2008年第152號法律公告)

表格16C

承認(未經算定款額)

(第13A號命令第6(2)、7(2)及13(2)條規則)

(標題與訴訟相同)

註釋

第 4A 章 - 《高等法院規則》 385

1. 原告人針對你而提出的唯一申索，是未經算定款項。你可在下述限期內，藉填寫本表格而承認

原告人的整項申索或其部分—

(a) (如你已獲送達令狀)送達抗辯書的限期；或

(b) (如你已獲送達原訴傳票)將你的誓章證據送交存檔的期限；或 (c) (在任何其他情況下)送達原訴法律程序文件後14天。

2. 如你已作出承認，你僅會在法庭認為容許你修訂或撤回你的承認屬公正的情況下，獲容許修訂

或撤回你的承認。

3. 你可提議一個指明的款額以了結申索。如你提議的款額獲原告人接受，則原告人可請求法庭登

錄判你須支付該款額的判決。另一做法是原告人可請求法庭登錄判你須支付有待法庭決定的款

額以及訟費的判決。

4. 你亦可要求給予時間以作付款。如原告人不接受你的付款建議，法庭在考慮下述事宜後，會決

定應如何作出付款—

(a) 本表格列出的資料；

(b) 原告人不接受你的付款建議的原因；及

5. 已填妥的表格應送交高等法院登記處存檔。

如何填寫本表格

‧ 如你不要求給予時間以作付款，則不必填寫第2至9項以及第11及12項。

‧ 如你並非個人，則不必填寫第1至9項，但你應填寫第10至12項，並確保你遵守第13項指明的規

定，以及就你的商號、公司或法團的資產及負債提供足夠的詳細資料，以支持所作出的任何付款

提議。

‧ 如你是個人，則不必填寫第10至12項，亦不必遵守第13項指明的規定。

‧ 你可在高等法院登記處，得到關於填寫本表格的協助。

A部對申索的回應(僅在一個方格內加上“”號)

□ 本人承認整項申索的法律責任，但希望法庭決定本人應支付的款額(如你在本方格內加上

“”號，則不必填寫B部及第2至9項、第11及12項，亦不必遵守第13項指明的規定) 或

□ 本人承認申索的法律責任，並提議支付以了結申索

B部你將如何支付已承認的款額？(僅在一個方格內加“”號) □ 本人提議在(日期) 付款

或

□ 本人不能即時付款，理由是(述明理由)

第 4A 章 - 《高等法院規則》 386

及

本人提議分期付款，每(星期)(月)支付並由(日期) 開始付款

1. 個人詳細資料

姓

名

□ 先生 □ 夫人 □ 小姐 □ 女士

地址

2. 受養人(接受你財政照顧的人)

(提供詳細資料)

3. 受僱情況

□ 本人受僱為

本人的僱主為

主要工作以外的工作

(提供詳細資料)

□ 本人自僱從事

每年營業額為 $

□ 本人並無拖欠本人的強制性公積金供款及入息稅

□ 本人有拖欠款項，所欠款

額為

提供以下項目的詳細資料：

(a) 手上的合約及其他工作

(b) 已進行工作的任何未付

款項

第 4A 章 - 《高等法院規則》 387

□ 本人已失業，為期年個月

□ 本人為領取退休金的人

4. 銀行帳戶及儲蓄(請全數列出)

銀行帳戶貸項款額

透支款額

5. 居所

本人居於 □ 自置居住單位

□ 本人的聯名擁有居住單位

□ 公共屋邨

□ 租住私人單位

□ 其他(請指明)

6. 入息

本人通常的實得收入(包括超時收入、佣金、花紅等) 每月$

本人的退休金每月$

居於本人家中的其他人給本人的款項每月$

其他入息(在下面提供詳細資料)

每月$

總入息每月$

7. 其他資產(請列出和示明其所在)

8. 開支

(請勿包括住戶中其他成員自其本身入息作出的任何付款)

本人有以下定期開支︰

按揭(包括第二按揭) 每月$ 租金每月$

差餉及地租每月$

管理費每月$

家庭傭工薪金每月$

石油氣／煤氣費每月$

電費每月$

第 4A 章 - 《高等法院規則》 388

水費每月$

電話費每月$

家務開支、食物、學校膳食每月$

交通費每月$

子女衣服每月$

學費及補習費每月$

贍養費每月$

法庭命每月$

其他

每月$

總開支每月$

9. 負債

(本項僅供填寫欠款。請勿包括第8項中列出的定期開支。)

租金欠款 $

按揭欠款 $

差餉及地租欠款 $

水費欠款 $

燃料債項︰石油氣／煤氣費 $

電費 $

其他 $

贍養費欠款 $

貸款及信用卡債項(請列出) $

其他(在下面提供詳細資料)

總負債 $

10. 商號、公司或法團

名稱

地址

電話號碼

商號、公司或法團資產(請列出)

財產、裝置及設備 $

第 4A 章 - 《高等法院規則》 389

庫存資產 $

商譽及其他無形資產 $

貸款及應收款項 $

銀行結餘及現金 $

其他 $

總額 $

商號、公司或法團負債(請列出)

營業應繳款項 $

應繳稅項 $

其他應繳款項 $

銀行貸款 $

其他借款 $

其他 $

總額 $

13. 將商號、公司或法團最近期的經審計的損益表及資產負債表副本夾附於本表格

14. 聲明本人聲明：盡本人所知，本人在以上各段及在附頁(如有的

話)中提供的詳細資料，均屬事實

本人謹憑藉《宣誓及聲明條例》(第11章)衷誠作出此項鄭重聲明，並確信其為真確無訛

簽署

職銜或所擔任的職位

(如代表商號、公司或

法團簽署)

連同公司圖章

(如適用的話)

此項聲明是於20 年 _ 月日在香港作出。

在本人面前作出，

[簽署及職銜，即︰太平紳士／公證人／監誓員。]

附註— 根據《刑事罪行條例》(第200章)第36條，任何人明知而故意在任何成文法則授權他或規定

他作出的聲明或其他文件中，作出在要項上屬虛假的陳述，即屬犯罪。

— 屬個人的被告人必須由個人親身簽署。公司的董事必須事先取得常規聆案官的許可，方可代

公司簽署。

— 如原告人沒有在本表格送達他後14天內，將要求判決的請求送交存檔，其申索須予擱置，直

第 4A 章 - 《高等法院規則》 390

至他將該請求送交存檔為止。

(2008年第152號法律公告)

表格16D

要求判決的請求(承認未經算定款額)

(第13A號命令第6(3)條規則)

(標題與訴訟相同)

被告人已承認支付本人整項申索的法律責任，但未有作出任何付款建議。

本人請求登錄判被告人須支付有待法庭決定的款額以及訟費的判決。

[附上判決的文稿以供批准]

簽署

職銜或所擔任的職位

(如代表商號、公司或 (原告人)(原告人的律師)(起訴監

護人) 法團簽署)

日期

連同公司圖章

(如適用的話)

‧ 已填妥的表格應送交高等法院登記處存檔。

(2008年第152號法律公告)

表格16E

對未經算定款額的承認的答覆及要求判決的請求

(第13A號命令第7(3)、(5)及(9)、9(4)及10(2)條規則)

(標題與訴訟相同)

______________________________________________________________________ 原告人須留意的重要附註

‧ 你必須在A項加上“”號或填寫B項，並在被告人的承認的文本送交你後14天內將本表格送交高等法院登記處存檔。

你同時必須向被告人送交一份文本。如你沒有在訂明限期內交回本表格，你的申索會被擱置。

法庭在接獲本表格前，不會採取進一步的行動。

第 4A 章 - 《高等法院規則》 391

‧ 切記在通知書上簽署和註明日期。

_______________________________________________________________________ A □ 本人不接受被告人提議的款額以了結本人的申索。本人希望登錄須支付有待法庭決定的款

額的判決。

法庭會就案件的管理作出指示。

B □ 本人接受被告人承認的款額以了結本人的申索

僅在以下一個方格內加上“”號，並依循所給予的指示。 □ 本人接受被告人的付款建議

附上判決的文稿以供批准。法庭會按照有關提議登錄判決。

□ 本人不接受被告人的付款建議

附上判決的文稿以供批准。你可說明你希望被告人如何付款。提供你反對被告人的付

款提議的理由。(如有需要，可在本表格背面繼續填寫。)

附註：—法庭會將其判決通知你和被告人。

______________________________________________________________________ 本人核證所提供的資料正確無誤

簽署

職銜或所擔任的職位

(如代表商號、公司或 (原告人)(原告人的律師)(起訴監

護人) 法團簽署)

日期

連同公司圖章

(如適用的話)

(2008年第152號法律公告)

表格17

須註於反申索書的文本的通知

(第15號命令第3(6)條規則)

致X.Y.

1. 現通知你在本抗辯書及反申索書送達你後[14天]內(送達之日計算在內)，你必須作送達認

收並在你的認收書中述明是否擬就法律程序提出爭議。如你沒有如此行事，或如你的認收書中並無

述明你擬就法律程序提出爭議，則法庭可不發出進一步通知而作出判你敗訴的判決。

2. 如提出反申索的原告人尋求的唯一補救，是支付經算定款項或支付未經算定款項，你可藉

填寫隨附於反申索的表格16或16C(視乎情況所需)，承認提出反申索的原告人的整項申索或其部分。

第 4A 章 - 《高等法院規則》 392

填妥的表格16或16C必須在送達反申索的抗辯書的限期內，送交高等法院登記處存檔，並送

達提出反申索的原告人[或提出反申索的原告人的律師]。

重要事項

關於送達認收書的指示載於隨附的表格。

(2008年第152號法律公告)

表格20

申索分擔款項、彌償或其他濟助或

補救的第三方通知書

(第16號命令)

19.........年第.........宗

香港高等法院

原訟法庭

A.B. 原告人

及

C.D. 被告人

及

T.P. 第三方

第三方通知書

[依據.....................................於19.......年.......月.......日作出的命令

而發出]。

致 T.P. ，其地址

為.....................................................................................

.......

.......................................................................................

.........................................。

現通知你本訴訟是由原告人針對被告人提出。在本訴訟中原告人針對被告人申索[在此述明原告

人的申索的性質]，詳情見傳訊令狀[或原訴傳票]，而其文本一份[連同申索陳述書文本一份]現隨本

通知書一併送達。

被告人現針對你申索[在此舉例述明針對第三方提出的申索的性質]，以針對原告人的申索及本

訴訟的訟費作出彌償，或分擔原告人的申索達[一半]的程度，或作出下述濟助或補救，

第 4A 章 - 《高等法院規則》 393

即.........................................，其理由是(述明申索理由)。

現又通知你在本通知書送達你後[14天]內(送達之日計算在內)，你必須作送達認收並在你的認

收書中述明是否擬就法律程序提出爭議。如你沒有如此行事，或如你的認收書中並無述明你擬就法

律程序提出爭議，則當作你會承認原告人針對被告人提出的申索及被告人針對你提出的申索，以及

你有法律責任 [ 對被告人作出彌償或按所申索的程度作出分擔

或.................................(述明所尋求的濟助或補救)]，你並會受在本訴訟中作出的

任何判決或決定約束，而該判決可按照第4章《高等法院規則》第16號命令針對你強制執行。

日期：19........年........月........日

(簽署)....................................................

被告人的代表律師

重要事項

關於送達認收書的指示載於隨附的表格。

(1994年第103號法律公告；1998年第25號第2條；2008年第152號法律公告)

表格21

在有問題或爭論點須予裁定時

的第三方通知書

(第16號命令)

[標題等與表格20相同，直至第1段結尾為止]

被告人要求下述問題或爭論點，即[在此述明須予裁定的問題或爭論點]，其裁定不單是就原告

人與被告人之間作出，亦應就他們其中之一或他們兩者與你之間作出。

現通知你[與表格20相同，直至“並無述明你擬就法律程序提出爭議”為止]，則在本訴訟中作

出的任何判決或決定，在與上述問題或爭論點有關的範圍內，你會受其約束，而該判決可按照第4章

《高等法院規則》第16號命令針對你強制執行。

日期：19.......年.......月.......日

(簽署)......................................................

被告人的代表律師

重要事項

關於送達認收書的指示載於隨附的表格。

第 4A 章 - 《高等法院規則》 394

(1998年第25號第2條)

表格23

附帶條款付款的通知書

(第22號命令第8(2)條規則)

(標題與訴訟相同)

致原告人(的律師)及法律援助署署長(如適用的話)

______________________________________________________________________ 現通知你，被告人 ___________________ 已向法院繳存$ ____________________ (進一步的款項 $ ________________ )以就以下項目達致和解— (在適用的方格內加上“”號)

□ 你的整項申索

□ 你的申索的某部分(在下面提供詳細資料) □ 在你的申索中出現的某一個爭論點或某些爭論點(在下面提供詳細資料)

該款項所關乎的(部分)(某一個爭論點或某些爭論點)為：(提供詳細資料) □ 該款項增補已於 _____ 年 _____ 月 _____ 日繳存法院的款項$ ________________，而現

在為提議和解而存於法院的總款額為$ _________________ (提供迄今為止所有存於法院的款項的總額)

□ 該款項不包括利息，而提議作為利息的額外款額為$ _________________ (提供計算所提議利息款額的利率及期間的詳細資料)

□ 該款項已考慮下述反申索或抵銷的全部(部分)：(提供有關一方以及該款項所關乎的部分反申索的詳細資料)

□ 該款項已考慮在下述日期作出的下述款額的中期付款：(提供詳細資料) □ 該款項已考慮已繳存法院的下述款項：(提供詳細資料) □ 該款項屬列於(請辨識有關文件)的附帶條款和解提議的條款的部分。如你就本附帶條款付

款發出接受通知書，你將會被視為同時接受該附帶條款和解提議。

附註：—如提議是就暫定損害賠償而作出的(第22號命令第11條規則)，則本通知書需予變通。

簽署

職銜或所擔任的職位

(如代表商號、公司或 (被告人)(的律師) 法團簽署)

日期

連同公司圖章

(如適用的話)

附註：致原告人

第 4A 章 - 《高等法院規則》 395

如你意欲在無需法庭許可的情況下，接受繳存法院的款項，你應填寫表格24，將它送交被告人，並

將其文本一份，送交高等法院登記處存檔。

(2008年第152號法律公告)

表格24

接受附帶條款付款的通知書

(第22號命令第15(4)條規則)

(標題與訴訟相同)

致被告人(的律師) 及法律援助署署長(如適用的話)

_______________________________________________________________________ 現通知你，原告人接受於 ______ 年 ______ 月 ______ 日接獲的總額為$ ________________ 的繳存法院款項，以就列於有關附帶條款付款的通知書中原告人的(整項申索)(申索的某部分)(在申索中

出現的某一個或某些爭論點)*達致和解(並放棄原告人申索的其餘部分或在原告人申索中出現的某一

個或某些爭論點)。

簽署

職銜或所擔任的職位

(如代表商號、公司或 (原告人)(的律師) 法團簽署)

日期

連同公司圖章

(如適用的話)

* 將不適用者刪去

(2008年第152號法律公告)

表格25

請求支出款項的通知書

(第22號命令第17條規則)

(標題與訴訟相同)

本人於 _______ 年 _______ 月 _______ 日接受於 _______ 年 _______ 月_______ 日接獲的總額為$ _________________ 的繳存法院款項，以就列於有關附帶條款付款的通知書中本人的(整項申索)(申索的某部分) (在申索中出現的某一個或某些爭論點)*達致和解(並放棄本人申索的其餘部分

或在本人申索中出現的某一個或某些爭論點)。*

第 4A 章 - 《高等法院規則》 396

本人聲明：

□ 附帶條款付款已[在28天內][在28天後但已就訟費達成協議的情況下][在有關審訊前不足

28天但已就訟費達成協議的情況下]*被接受

□ 該筆繳存法院的款項並非在已提供付款為抗辯的情況下繳存

□ 受提議者並非無行為能力的人

□ [受提議者從無在該等法律程序的任何時間接受法律援助][受提議者已接受法律援助]*

□ 並沒有要求撤回或削減附帶條款付款的申請待決

□ [只有1名被告人][附帶條款付款由所有被告人作出][本人已中止本人針對並未作出附帶條

款付款的被告人的申索，而他們已就接受附帶條款付款作出書面同意]*

□ [本人的申索並不包括就暫定損害賠償作出的申索][本人就暫定損害賠償作出的申索，已

根據第37號命令第8條規則予以處置]*

(如並未作出任何上述聲明，存於法院的款項僅可在法庭命令下支出) □ 本通知書的文本已送達在下面指名的被告人(的律師)，而本人請求將存於法院的上述款項

支付予：

原告人或律師的全名／法律援助署署長*

地址及電話號碼

簽署

附註：在簽署本表格前請閱讀背頁的填寫指引。我們可能退回不正確地簽署

的表格，而不作任何行動。

原告人的律師的詳細資料

被告人或律師的全名／法律援助署署長*

地址及電話號碼

簽署

第 4A 章 - 《高等法院規則》 397

附註：原告人(的律師)在將本通知書的文本送達告人(的律師)前應先取得被

告人(的律師)在下述方格中的簽署。

被告人的律師的詳細資料

* 將不適用者刪去

表格25的填寫指引

為請求將存於法院的儲存金支出，請將按照本填寫指引簽署和填寫的本表格，送交高等法院登記處

存檔。本表格的文本一份亦應送交被告人(的律師)。

‧ 填寫本表格時，請確保在‘本人聲明’標題下的所有方格內加上“”號。如你沒有在所有該等方格內加上“”號，高等法院登記處將不能處理你的付款請求，並須將本表格退回給你。

‧ 本表格應由原告人或其律師簽署。

‧ 高等法院會計部僅會在接獲妥當地填寫並有簽署正本的表格25後，方會作出付款。表格的圖文

傳真文本及簽署的影印本將不獲接受，並會退回寄件人。

(2008年第152號法律公告)

表格25A

根據命令或證明書繳存法院款項通知書

(第22號命令第27(1)條規則)

(標題與訴訟相同)

現通知你，原告人／被告人 __________________ 已遵從 _______ 於 _______ 年 _______ 月 _______ 日作出的命令／證明書，向法院繳存$ _________________。

簽署

職銜或所擔任的職位

(如代表商號、公司或 (原告人/被告人(的律師) 法團簽署)

日期

連同公司圖章

(如適用的話)

第 4A 章 - 《高等法院規則》 398

______________________________________________________________________ 律師證明書

我們核證—

(a) 有關款項在規定時限內作出。

*(b) 有關命令中並沒有關乎款項投資的指示。

*(c) 法庭已指示款項按以下方式投資—

律師的詳細資料

* 將不適用者刪去

(2008年第152號法律公告)

表格26

文件清單

(第24號命令第5條規則)

(標題與訟案或事宜相同)

文件清單

以下是一份關於本訴訟中的有關事宜的文件的清單，該等文件現正或曾經由上述原告人(或被告

人)A.B.管有、保管或控制，而此份文件清單是遵從第24號命令第2條規則(或在本案中於

19.........年.........月.........日作出的命令)送達。

1. 本清單附表1所列舉的關於本訴訟中的有關事宜的文件，是由原告人(或被告人)管有、保管

或控制。

2. 原告人(或被告人)反對交出該附表1第2部所列舉的文件，理由是(述明反對的理由)。

3. 原告人(或被告人)曾經但現已不再管有、保管或控制本清單附表2所列舉的關於本訴訟中的

有關事宜的文件。

4. 在該附表2中的文件之中，該附表中編號為...................的文件最後由原告人(或被

告人)管有、保管或控制之時是在(述明何時)，而其餘的是在(述明何時)。

(在此述明上述文件其後的情況如何及現時由何人管有。)

5. 除本清單附表1及2所列舉的文件之外，原告人(或被告人)或其律師或任何其他代表他的

第 4A 章 - 《高等法院規則》 399

人，現在或過去均並無管有、保管或控制屬於任何類別的關於本訴訟中的有關事宜的文件。

附表1

第1部

(在此以適當的次序列舉由有關的一方管有、保管或控制而又不反對交出的文件(或多於一疊的

文件(如屬性質相同的話)，例如發票)，並對每份或每疊文件加以足使其為人所辨識的簡要描述。)

第2部

(在此如前述般列舉由有關的一方管有、保管或控制而又反對交出的文件。)

附表2

(在此如前述般列舉有關的一方曾經但在文件清單送達之日已不再管有、保管或控制的文件。)

日期：19.........年.........月.........日

查閱通知書

現通知你上述清單所列出的文件，除附表1第2部(及附表2)所列出者之外，均可於19.........

年.........月.........日.........時至.........時期間在(上述(原告人)(被告人)的律師的辦事

處(填上地址)或按具體情況填寫)予以查閱。

致被告人(或原告人)C.D.及其律師。

由地址

為.....................................................................................

.................

的........................，即(原告人)(被告人)的代表律師於19........年........

月........日送達。

表格27

核實文件清單的誓章

(第24號命令第5條規則)

(標題與訟案或事宜相同)

本人為上述原告人(或被告人)A.B.，宣誓聲言如下：─

1. 現向本人出示及展示的標識為..................................的文件清單，本人在

其中第1、3及4段所作出的陳述均屬真實。

2. 本人在該清單第2段所作出的事實陳述均屬真實。

第 4A 章 - 《高等法院規則》 400

3. 本人在該清單第5段所作出的陳述盡本人所知、所得資料及所信，均屬真實。

此誓(下略)。

本誓章是為原告人(或被告人)而送交存檔的。

表格27A

要求批予許可在法院提起或繼續進行法律程序的申請通知書

(第32A號命令第2條規則)

第 ............ 宗

香港特別行政區高等法院

原訟法庭

申請人

要求批予許可在法院提起或繼續

進行法律程序的申請通知書

(第32A號命令第2條規則)

致香港高等法院司法常務官。

申請人的姓名或名稱及

地址

有關法律程序(有命令根

據《高等法院條例》(第

4章)第27(1)條在其中作

出者)的標題及參考編號

所尋求的命令

申請人先前根據《高等

法院條例》(第4章)第27

條提出的要求批予許可

的申請，以及該等申請

的結果

簽署日期

尋求許可的理由

附註：—所提供的理由必須由申請人賴以支持其申請的誓章證據所支持。

(2008年第152號法律公告)

表格28

第 4A 章 - 《高等法院規則》 401

傳召出庭令狀

(第38號命令第14條規則)

(標題與訟案或事宜相同)

致(證人姓名)。

現規定你於上述訟案的編定審訊日期在(香港高等法院我們的高等法院開庭之時)出席，以為(原

告人)或(被告人)*提供證據，你並須在其後每天出席，直至審訊結束為止，而你將會收到有關的審

訊日期通知書。

於19.........年.........月.........日由香港終審法院首席法官......................見

證。

於 19......... 年 ......... 月 ......... 日由代

表 ............................................................ 的律

師....................................................................發出。

* 如附加着令攜帶文件出庭規定：現又規定你在該已向你作通知的日期攜帶下列文件或東西前

往前述地點並將之交出(在此描述須予交出的文件或東西)。

(1994年第103號法律公告；1997年第313號法律公告；1998年第25號第2條)

表格29

傳召出庭令狀：內庭法律程序

(第38號命令第14條規則)

(標題與訟案或事宜相同)

致(證人姓名)。

現規定你於19.........年 .........月 .........日星期..........上／下午.........

時.........分到香港高等法院在內庭的.........................法官)席前，為上述訟案的(原

告人)或(被告人)提供證據，你並須在其後每天出席，直至你的證據錄取完畢為止(現又規定你在前

述時間攜帶下列文件或東西前往前述地點並將之交出。描述須予交出的文件或東西。)

見證(與表格28相同)。

發出(與表格28相同)。

(1994年第103號法律公告；1997年第313號法律公告；1998年第25號第2條)

第 4A 章 - 《高等法院規則》 402

表格31

審訊前在本司法管轄權範圍內對證人進行訊問的傳票

(第39號命令第1條規則)

(標題與訟案或事宜相同)

所有有關各方均須於19........年........月........日星期........上／下午........

時 ........ 分到香港高等法院在內庭的法官 ( 或司法常務官 ) 席前，出

席.....................................申請立即在法官、[司法常務官]或一名法院的訊問員

( 或有待同意的訊問員 ) 席前按通常的條款

對......................................................的證人A.B.進行訊問的聆訊，而本

申請的訟費(歸於訟案中)。

日期：19........年........月........日

本傳票是由代表 .......................................................... 的律

師 ........................... 取得，其地址

為.....................................................................................

................。

致上述 ....................................................( 及其律

師........................................)。

(1997年第313號法律公告；1998年第25號第2條)

表格32

審訊前在本司法管轄權範圍內對證人進行訊問的命令

(第39號命令第1條規則)

(標題與訟案或事宜相同)

在聆聽 ( 兩造的律師 ) 並閱

讀 ............................................................................ 於

19........年........月........日在本案中送交存檔的誓章後。

現命令在法官、司法常務官或一名法庭的訊問員 (或經同意或有待同意的訊問

員 ............................................... 先生 ) 席前

對 .................................................. 的證

人.........................................進行經宗教式宣誓或非宗教式宣誓的口頭訊問，以

第 4A 章 - 《高等法院規則》 403

及原告人(或被告人)的律師須向被告人(或原告人)的律師............................發出為

期........天的關於將會進行訊問的時間及地點的書面通知(或如時間及地點已由命令編定，請在此

述明)。現又命令訊問時所錄取的書面供詞須送交高等法院登記處存檔，並且只需使用該書面供詞的

一方的律師以誓章證明就其所信上述證人未能出庭，該書面供詞的正式文本即可無需任何進一步證

據而在本訟案審訊時予以宣讀並提供作為證據(屬公正的所有例外者除外)。本申請(及訊問)的訟費

(歸於訟案中)。

日期：19........年........月........日

(1994年第103號法律公告；1998年第25號第2條)

表格33

向本司法管轄權範圍外的司法機構發出

請求書的傳票

(第39號命令第2條規則)

(標題與訟案或事宜相同)

所有有關各方均須(與表格31相同)出席..................................申請作出下述命

令的聆訊，即向...............................................的恰當司法機構發出請求書，

以在(國名)的.................................................代原告人(或被告人)對E.F.及

G.H.以及其他證人進行訊問，並將訴訟擱置，直至該請求書已作回報及進行訊問為止，而本申請的

訟費及附帶費用，以及該請求書及訊問的費用，為訟費歸於訟案中。

日期(下略)(結束與表格31相同)。

表格34

向本司法管轄權範圍外的司法機構發出

請求書的命令

(第39號命令第2條規則)

(標題與訟案或事宜相同)

在聆聽(與表格32相同)。

現命令向恰當司法機構發出請求書以對下述證人進行訊問，即：

E.F.，其地址為 .........................................

第 4A 章 - 《高等法院規則》 404

G.H.，其地址為 .........................................

現又命令當收到據此而錄取的書面供詞時，須將之送交高等法院登記處存檔，並且只需使用該

書面供詞的一方的律師以誓章證明就其所信該等證人未能出庭，該書面供詞的正式文本即可無需任

何進一步證據而在本訴訟審訊時予以宣讀並提供作為證據(屬公正的所有例外者除外)。

現又命令(將本訴訟擱置，直至該書面供詞已送交存檔為止，以及)申請本命令的訟費及附帶費

用，以及該請求書及訊問的費用，為(訟費歸於訟案中)。

日期：19........年........月........日

(1998年第25號第2條)

表格35

在本司法管轄權範圍外對證人進行訊問的請求書

(第39號命令第3條規則)

致.................................................................................

.....................................

.............................................

的........................................................管轄司法機構。

鑑於香港高等法院現有一宗訴訟待決，該訴訟的原告人為.....................被告人

為 .................................................. ，而在該訴訟中原告人申

索.....................................................................................

.......................................................................................

....。

又鑑於有申述向上述法院作出，表示為秉行公正及為妥為裁定各方之間所爭議的事宜，下述的

人應作為證人而接受經宣誓的訊問，訊問會涉及下述事宜，

即 ....................................... 第 ............................... 宗

及...........................第....................宗，而該等證人看來居於閣下的司法管轄

權範圍內。

本人.........................................................為香港高等法院的司法常

務官，基於前述原因並為協助上述法院，特此請求閣下傳召該證人(及上述原告人和被告人的代理人

會以書面敬請閣下傳召的其他證人)在所指定的時間地點到閣下席前，或到按照閣下的程序是有資格

對證人進行訊問的其他人席前，並請求閣下安排在原告人及被告人的代理人或他們當中妥經通知而

出席訊問者在場的情況下，對該等證人進行口頭訊問(或就隨附本請求書的質詢書而對該等證人進行

訊問)，而訊問是會涉及上述有關事宜的。

本人又要求閣下准許原告人及被告人兩者的代理人或他們當中在場者(就質詢書及就質詢書的標

的事宜或就對質詢書的答覆所產生的標的事宜而口頭)訊問妥經書面通知後為他們而交出的證人，並

第 4A 章 - 《高等法院規則》 405

請求閣下准許另一方(就交相質詢書而口頭)盤問該等證人，以及准許交出證人以接受訊問的一方對

其所交出的證人作口頭覆問。

本人再請求閣下安排將該等證人的證據(或該等證人的答覆及所有額外的口頭問題，不論是在訊

問、盤問或覆問時作出)予以書面記錄，並將所有在該訊問時交出的簿冊、信件、紙張及文件妥為標

識以作識別，並請閣下以閣下的審裁機構的印章或按照閣下的程序以其他方法對該訊問加以認證，

將之(連同質詢書及交相質詢書)以及關於就執行本請求而須支付的收費及開支的短簡，透過將本請

求傳達閣下的英國領事 ( 或女皇陛下的一名國務大

臣...........................................)而交回，以將之傳送香港高等法院。

本人更請求閣下安排將進行訊問的日期及地點通知本人或各方的代理人(如有委任代理人的

話)。

日期：19........年........月........日

(1998年第25號第2條)

表格36

委任訊問員在本司法管轄權範圍外錄取

證人證據的傳票

(第39號命令第2條規則)

(標題與訟案或事宜相同)

所有有關各方均須 ( 與表格 31 相同 ) 出

席......................................................

申請作出下述命令的聆訊，即命令委任(國家名稱)的.........................................

.....................................................................的英國領事或其副

手)(.....................先生)為特別訊問員，以在(國家名稱)的................按通常的條

款對..........................的證人......................................

及...................，進行經宗教式宣誓或非宗教式宣誓後的口頭訊問、盤問及覆問，而本申請

及該訊問的訟費及附帶費用，為訟費歸於訟案中。

日期(下略)(結束與表格31相同)。

表格37

委任訊問員在本司法管轄權範圍外錄取

證人證據的命令

(第39號命令第2條規則)

第 4A 章 - 《高等法院規則》 406

(標題與訟案或事宜相同)

在聆聽兩造的律師並閱

讀 ............................................................................. 於

19........年........月........日送交存檔的誓章後。

現命令委任在 ............................... 的英國領事或其副手

( 或 .......................... 先生 ) 為特別訊問員，以在 ( 國家名稱 )

的 ................................. 對 ................................ 的證

人.........................，進行經宗教式宣誓或非宗教式宣誓後的口頭訊問、盤問及覆問。訊

問員可邀請證人出席及交出文件，但不得行使任何強迫性的權力，除此之外該訊問須按照在香港原

訟法庭依循的程序進行。 ....................... 律師事務所須就其擬將本命令送

交..............................以作執行的日期向...........................律師事務所發

出為期 ...................... 天的書面通知，而在該通知書送達

後 ............................ 天，原告人和被告人的律師須分別交換他們

在.....................................的代理人的姓名或名稱，以將關於訊問證人的通知書送

達。根據本命令訊問證人前......................天(不包括星期日)，其證人將會接受訊問的一

方的代理人，須就該訊問向另一方的代理人發出通知，但如該通知已被免除則除外。書面供詞在錄

取後，須連同書面供詞中所提述的任何文件或該等文件的核證文本或其摘錄，經加蓋印章而由訊問

員在其後的........月........日或之前，或在所命令的較後或其他日期，送交香港高等法院司法

常務官，以在恰當的辦事處存檔。任何一方在本訴訟審訊時，均可閱讀該書面供詞並提出該書面供

詞作為證據(屬公正的所有例外者除外)。本訴訟的審訊亦須予以擱置，直至該書面供詞送交存檔為

止，而申請本命令以及該訊問的訟費及附帶費用，為訟費歸於訟案中。

日期：19........年........月........日

(1997年第313號法律公告；1998年第25號第2條)

表格38

動議通知書

(第8號命令第3條規則)

(標題與訟案或事宜相同)

現通知你 ( 依據 ............................................................... 於

19........年........月........日所給予的許可)，代表上述原告人(或被告人)的大律師

(.................... 先生，其地址

為.....................................................................................

...................)，將於19........年........月........日星期........上／下午........

時 ........ 分或其後大律師最早可獲聆聽之時，動議法庭

(或.....................................法官)................................，而有關申

請的訟費..................................................。

第 4A 章 - 《高等法院規則》 407

日期：19........年........月........日

(簽署)....................................................

地址..............................................

...........................................的代表律師

致

.......................................的代表律師

(1994年第103號法律公告；1998年第25號第2條)

表格39

在就經算定的索求款項而提出的訴訟中

因欠缺行動而作出的判決

(第13號命令第1條規則；第19號命令第2條規則；

第42號命令第1條規則)

(標題與訴訟相同)

19........年........月........日

由於本案的被告人並無發出擬抗辯通知書(或並無送達抗辯書)，今天判定被告人須付給原告

人$.........................................及訟費$........................(或訟費有

待評定)。

(就日期為19........年........月........日的訟費評定官證明書所見，上述訟費已作評定並

准予為$..........................................)。

表格40

在就未經算定的損害賠償而提出的訴訟中

因欠缺行動而作出的判決

(第13號命令第2條規則；第19號命令第3條規則；

第42號命令第1條規則)

(標題與訴訟相后( �/p>

第 4A 章 - 《高等法院規則》 408

19........年........月........日

由於本案的被告人並無發出擬抗辯通知書(或並無送達抗辯書)，今天判定被告人須付給原告

人一筆損害賠償，其數額有待評估。

---------------------------------------------------------------------------------------

--------------------

根據本判決，裁定須付給原告人的款額，就於19........年........月........日送交存檔的

( 法官證明書或司法常務官證明書或按具體情況填寫 ) 所見，已被核證為

$....................................。

現判定被告人須付給原告人$.......................以及一筆訟費，其款額有待評定。

上述訟費(下略)(與表格39相同)。

(備註：─本表格是非正審判決和最終判決的合併表格。原告人可選擇登錄非正審判決，方式是

略去表格中橫線以下的字句，並以表格43另行登錄最終判決。)

(1994年第103號法律公告；1998年第25號第2條)

表格41

在關於扣留貨物的訴訟中因欠缺行動而作出的判決

(第13號命令第3條規則；第19號命令第4條規則；

第42號命令第1條規則)

(標題與訴訟相同)

19........年........月........日

本案的被告人並無發出擬抗辯通知書(或並無送達抗辯書)。

今天判定被告人須將傳訊令狀(或申索陳述書)中被描述為(描述貨物)的貨物交付原告人，或付

給原告人上述貨物的價值，其數額有待評估(以及扣留上述貨物的損害賠償，其數額有待評估)。

或

今天判定被告人須付給原告人傳訊令狀(或申索陳述書)中所描述的貨物的價值(以及扣留上述貨

物的損害賠償)，其數額有待評估。

---------------------------------------------------------------------------------------

第 4A 章 - 《高等法院規則》 409

--------------------

就於19........年........月........日送交存檔的(法官證明書或司法常務官證明書或按具

體情況填寫)所見，上述貨物的價值已被評估為$.................................(以及損害賠

償為$....................................)。

現判定被告人須付給原告人$.......................以及一筆訟費，其款額有待評定。

上述訟費(下略)(與表格39相同)。

(備註：─見表格40的備註。)

(1994年第103號法律公告；1998年第25號第2條)

表格42

在就土地的管有而提出的訴訟中

因欠缺行動而作出的判決

(第13號命令第4條規則；第19號命令第5條規則；

第42號命令第1條規則)

(標題與訴訟相同)

19........年........月........日

本案的被告人並無發出擬抗辯通知書(或並無送達抗辯書)。令天判定被告人須將傳訊令狀(或申

索陳述書)中被描述為..................................的土地的管有交給原告人，並須付給原

告人訟費$.......................................(或訟費有待評定)。

上述訟費(下略)(與表格39相同)。

表格42A

收回管有的命令

(第113號命令第6條規則)

[標題與傳票相同]

在聆聽 ....................................................... 並閱

讀...........................................於19........年........月........日送交存檔

的誓章後，現命令原告人 A.B. 收回原訴傳票中被描述

第 4A 章 - 《高等法院規則》 410

為 .............................................. 的土地的管有 [ 並命令被告

人....................須付給原告人$...................................訟費[或訟費有待

評定]]。

就日期為19........年........月........日的訟費評定官證明書所見，上述訟費已作評定並

准予為$..................................。

日期：19........年........月........日

表格43

在評估損害賠償等之後作出的最終判決

(第42號命令第1條規則)

(標題與訴訟相同)

19........年........月........日

原告人已於19........年........月........日在本案中取得判被告人敗訴須支付一筆有待評

估的損害賠償(或按具體情況填寫)的非正審判決，而裁斷須付給原告人的款額，就於19........

年........月........日送交存檔的(法官證明書或司法常務官證明書或按具體情況填寫)所見，已

被核證為$.......................................。

今天判定被告人須付給原告人$.............................以及一筆訟費，其款額有待評

定。

上述訟費(下略)(與表格39相同)。

(1994年第103號法律公告；1998年第25號第2條)

表格44

根據第14號命令作出的判決

(第14號命令第3條規則；第42號命令第1條規則)

(標題與訴訟相同)

19........年........月........日

被告人已在本案中發出擬抗辯通知書，而法庭亦已根據第14號命令第3條規則命令登錄判原告人

勝訴被告人敗訴的判決，該判決為如下文所訂定者。

第 4A 章 - 《高等法院規則》 411

令天判定被告人須付給原告人 $.................. 以及訟費

$................................(或訟費有待評定)

或

付給原告人一筆損害賠償，其數額有待評估，以及一筆訟費，其款額有待評定

或

將傳訊令狀(或申索陳述書)中被描述為..................................的貨物交付原

告人(或付給原告人上述貨物的價值，其數額有待評估)(以及扣留上述貨物的損害賠償，其數額有

待評估)以及訟費，其款額有待評定

或

將傳訊令狀(或申索陳述書)中被描述為..................................的土地的管有

交給原告人，並付給原告人一筆訟費，其款額有待評定。

上述訟費(下略)(與表格39相同)。

表格45

在沒有陪審團的情況下在法官席前

進行審訊後所作出的判決

(第42號命令第1條規則)

(標題與訴訟相同)

作出及登錄日期：19........年........月........日

本訴訟已在沒有陪審團的情況下在香港高等法院........................................

法官席前進行審訊，而上述.........................法官亦已於19........年 ........

月........日命令登錄判原告人(或被告人)勝訴的判決，該判決為如下文所訂定者(並指示按下文

所訂定的期限及條款擱置執行該判決)。

現判定被告人須付給原告人$...................以及後者的訴訟訟費，款額有待評定(或原

告人須付給被告人後者的抗辯訟費，款額有待評定或按照法官的命令填寫)。

(現又判定擱置執行該判決................天，如..........................在該段期間內

發出上訴通知書並將上訴排期，則可進一步擱置執行該判決，直至上訴獲得裁定為止，或按照法

官的指示填寫)。

第 4A 章 - 《高等法院規則》 412

上述訟費(下略)(與表格39相同)。

(1994年第103號法律公告；1998年第25號第2條)

表格46

在有陪審團的情況下在法官席前

進行審訊後所作出的判決

(第42號命令第1條規則)

(標題與訴訟相同)

作出及登錄日期：19........年........月........日

本訴訟已在有陪審團的情況下在....................................法官席前進行審訊，

陪審團已裁斷(述明所作出的裁斷)，而上述...........................................法官亦

已於19........年........月........日命令登錄判決，該判決為如下文所訂定者(下略，與表格45

相同)。

(1994年第103號法律公告；1998年第25號第2條)

表格48

在初步爭論點有決定後所作出的判決

(第33號命令第7條規則；第42號命令第1條規則)

(標題與訟案或事宜相同)

作出及登錄日期：19........年........月........日

在本訴訟(或事宜)中出現的爭論點(或問題)，被於19........年........月........日作

出的命令着令須在...................................................席前審訊。該爭論點

( 或問題 ) 已於 19........ 年 ........ 月 ........ 日在上

述 ......................................................... 席前審訊，而上

述.............................................裁斷，並命令登錄判......................

的判決，該判決為如下文所訂定者(或撤銷該訴訟或事宜)。

現判定(被告人須付給原告人$.................................以及後者的訴訟訟費，款額

有待評定)(原告人須付給被告人後者的抗辯訟費，款額有待評定)或按照所作出的命令填寫。

第 4A 章 - 《高等法院規則》 413

表格49

針對遺產代理人作出的關於經算定的款項的判決

(第42號命令第1條規則)

(標題與訴訟相同)

作出及登錄日期：19........年........月........日(按照取得判決的情況而採用表格39、

43-48的複述部分)。

現判定被告人作為上述死者...................................的遺囑執行人(或遺產管

理人)，須付給原告人$..........................以及一筆訟費，其款額有待評定，而該筆款項

以及訟費須從死者去世之時落入作為其遺囑執行人(或遺產管理人)的被告人手中以作遺產管理的

土地及非土地遺產中實施執行，如被告人手中已有或日後會有足以支付該筆款項以及訟費的遺產作

遺產管理的話；但如被告人手中並無足以如此行事的遺產作遺產管理，則上述訟費須從法律所授權

檢取以執行判決的被告人的貨物、實產及其他財產中實施執行(或按照所作出的命令填寫)。

上述訟費(下略)(與表格39相同)。

表格50

中止訴訟時作出的關於

被告人訟費的判決

(第62號命令第10(1)條規則)

(標題與訴訟相同)

19........年........月........日

原告人已藉日期為19........年........月........日的書面通知中止本訴訟(或撤回他在本

訴訟中提出

的.....................................................................................

.....申索)，而就日期為19........年........月........日的訟費評定官證明書所見，被告人的

訴訟訟費(或所撤回的申索的訟費)已作評定並准予為$................................，但原

告人並未在訟費評定後4天內支付該筆款項。

今天判定原告人須付給被告人上述經評定的訟費$.............................。

表格51

(由2008年第152號法律公告廢除)

第 4A 章 - 《高等法院規則》 414

表格52

判決或命令通知書

(第44號命令第3條規則)

(標題與訟案或事宜相同)

現通知你有一項本法院的判決(或命令)於19........年........月........日作出，判定(述

明判決或命令的內容)。

現又通知你由本通知書送達之時開始，你(或幼年人..................................或

病人.................................按具體情況填寫)即受上述判決(或命令)約束，程度與

假若原本已使你(或他)成為訴訟一方你(或他)所本會受其約束的程度相同。

現再通知你，你(或上述幼年人或病人)可在本通知書送達後一個月內，向法庭申請撤銷、更

改或增補上述判決(或命令)。此外，你(或上述幼年人或病人)在香港高等法院登記處對本通知書

作送達認收後，可根據上述判決(或命令)出席有關的法律程序。

日期：19........年........月........日

致...................................................................

(簽署)........................................................

(1997年第313號法律公告；1998年第25號第2條；2008年第152號法律公告)

表格53

扣押債務人財產令狀

(第45號命令第12條規則)

(標題與訴訟相同)

致.................................................................................

..執達主任：

鑑於在上述訴訟中，被告人C.D.已於19........年........月........日被判定(或命令)須

付給原告人A.B.$................................(以及訟費$.......................或訟

第 4A 章 - 《高等法院規則》 415

費有待評定，而就日期為19........年........月........日的訟費評定官證明書所見，該筆訟費

已作評定並准予為$......................................)：

現規定你安排從法律所授權檢取以執行判決或命令的C.D.的貨物、實產及其他財產中，取得

$.................................及$....................................作為執行的費

用，以及 $............................................... 的利息，年息為 $4 釐，由

19........年........月........日起計算直至支付為止(連同執達主任的費用、實施執行的費用以

及所有其他法律及附帶開支)。此外，在執行本令狀後，你須立即依照上述判決(或命令)將就上述

各筆款項及利息而實施執行的款項付給A.B.。

現亦規定你在作出執行後，立即在本令狀註上關於你以何種方式作出執行的陳述書，並將該陳

述書的文本一份送交A.B.。

法庭並已將生活給養津貼定為每天...............................................。

於19........年........月........日由香港終審法院首席法官.........................見

證。

本令狀是由代表 ...................................

的 .................................. 律師發出，其地址

為.....................................................................................

....................( 或本令狀是由居

於.....................................................................................

..................的(原告人)A.B.親自發出)。

(1994年第103號法律公告；1997年第313號法律公告；1998年第25號第2條)

表格54

就關於訟費的命令而作出的扣押債務人財產令狀

(第45號命令第12條規則)

(標題與訟案或事宜相同)

致.............................................執達主任：

鑑於在上述訟案 ( 或事宜 )

中， ..............................................................C.D. 已於 19........

年 ........ 月 ........ 日被命令須付

給.......................................................A.B.一筆訟費，其款額有待評定，

而就日期為19........年........月........日的訟費評定官證明書所見，該筆訟費已作評定並准

予為$......................................：

第 4A 章 - 《高等法院規則》 416

現規定你安排從法律所授權檢取以執行命令的C.D.的貨物、實產及其他財產中，取得

$.................... 及 $.................... 作為執行的費用，以及

$.........................的利息，年息為$4釐，由19........年........月........日起計算

直至支付為止，並連同執達主任的費用、實施執行的費用以及所有其他法律及附帶開支。此外，在

執行本令狀後，你須立即依照上述命令將就上述款項及利息而實施執行的款項付給A.B.。

現亦規定(與表格53相同)。

法庭並(與表格53相同)。

見證(與表格53相同)。

本令狀(與表格53相同)。

(1994年第103號法律公告；1997年第313號法律公告)

表格56

在作部分實施執行後發出的扣押債務人財產令狀

(第45號命令第12條規則)

(標題與訴訟相同)

致................................................執達主任：

鑑於(與表格53相同)。

又鑑於藉我們於19........年........月........日所發出的令狀，曾規定你安排從C.D.的貨

物、實產及其他財產中取得 $.................................. 及

$............................. 作為執行的費用，以及

$...............................................................的利息，年息$4釐，由

19........年........月........日起計算直至支付為止，並依照上述判決(或命令)將就上述各

筆款項及利息而實施執行的款項付給A.B.。此外，我們亦曾命令你在本令狀註上關於你以何種方式

作出執行的陳述書，並將該陳述書的文本一份送交A.B.。

又鑑於上述令狀之上的註明，述明你(或他)憑藉該令狀已安排從前述財產中取得款項

$...................................。

現規定你安排從法律所授權檢取以執行命令的C.D.的貨物、實產及其他財產中，取得

$........................，即上述$.....................的餘款，以及$...................

作為執行的費用，並取得$.......................的利息，年息為$4釐，由19........

第 4A 章 - 《高等法院規則》 417

年........月........日起計算直至支付為止(繼續一如表格53)。

現亦規定(與表格53相同)。

法庭並(與表格53相同)。

見證(與表格53相同)。

本令狀(與表格53相同)。

(1994年第103號法律公告；1997年第313號法律公告)

表格57

針對遺產代理人發出的扣押債務人財產令狀

(第45號命令第12條規則)

(標題與訴訟相同)

致.........................................執達主任：

鑑於在上述訟案中，被告人C.D.作為死者E.F.的遺囑執行人(或遺產管理人)，已於19......

年 ...... 月 ...... 日被判定 ( 或命令 ) 須付給原告人 A.B.$................ 以及

$......................訟費(或訟費有待評定，而該筆訟費，就日期為19......年......

月......日的訟費評定官證明書所見，已作評定並准予為$..............................)，上

述各筆款項及利息須從上述E.F.去世之時在作為其遺囑執行人(或遺產管理人)的被告人C.D.手中

以作遺產管理的土地及非土地遺產中實施執行，如被告人手中已有或日後應會有足以支付該筆款項

以及訟費的遺產作遺產管理的話；(但如被告人手中並無足以如此行事的遺產作遺產管理，則上述訟

費須從法律所授權檢取以執行判決(或命令)的被告人C.D.的貨物、實產及其他財產中實施執行)：

現規定你安排從死者E.F.去世之時在作為其遺囑執行人(或遺產管理人)的C.D.手中以作遺產管

理的土地及非土地遺產中，取得$...................及$.....................作為執行的費

用，以及$...........................的利息，年息為$4釐，由19......年......月......日起

計算直至支付為止(連同執達主任的費用、實施執行的費用以及所有其他法律及附帶開支)(而如上述

C.D.手中並無足以如此行事的遺產作遺產管理，則你須安排從法律所授權檢取以執行判決(或命令)

的C.D.的貨物、實產及其他財產中，取得$.....................................作為訟費)；此

外，在執行本令狀後，你須立即依照上述判決(或命令)將就上述各筆款項及利息而實施執行的款項

付給A.B.。

現亦規定你(餘字與表格53相同)。

見證(與表格53相同)。

第 4A 章 - 《高等法院規則》 418

本令狀(與表格53相同)。

(1994年第103號法律公告；1997年第313號法律公告)

表格63

用以強制執行已登記的外地判決的扣押債務人財產令狀

(第45號命令第12條規則；第71號命令)

香港高等法院

有關《外地判決(交互強制執行)條例》(第319章)事宜。

及

有關日期為19........年........月........日的在(描述有關訟案或事宜)中取得的(描述有關

法院)的判決事宜。

致................................................執達主任：

鑑於日期為19........年........月........日的(描述有關法院)的判決已依據《外地判決(交

互強制執行)條例》在香港我們的高等法院登記，而藉該判決C.D.被判定須付給A.B.元(或按具體

情況填寫 ) ；根據該判決現已到期須付的欠款相等於

$............................................。

現規定你安排從法律所授權檢取以執行判決的C.D.的貨物、實產及其他財產中，取得

$...............................及$.............................作為執行的費用，並連同

執達主任、人員等的費用(餘字與表格53相同)。

現亦規定(與表格53相同)。

見證(與表格53相同)。

本令狀(與表格53相同)。

(1994年第103號法律公告；1997年第313號法律公告；1998年第25號第2條)

表格64

交付令狀：交付貨物、損害賠償及訟費

(第45號命令第12條規則)

第 4A 章 - 《高等法院規則》 419

(標題與訴訟相同)

致...................................................執達主任：

鑑於在上述訴訟中，被告人(C.D.)已於19........年........月........日被判定(或命令)

須將下述貨物交付原告人 A.B. ，即 ( 描述被判定或命令交付的貨物 )( 及損害賠償

$............................)以及訟費$......................................(或訟費

有待評定，而就日期為19........年........月........日的訟費評定官證明書所見，該筆訟費已

作評定並准予為$...............................)：

現規定你安排將上述貨物交付A.B.，並安排從法律所授權檢取以執行判決(或命令)的C.D.的貨

物、實產及其他財產中，取得$..........................及$......................作為執行

的費用，以及$...........................的利息，年息為$4釐，由19........年........

月........日起計算直至支付為止，並連同執達主任的費用、實施執行的費用以及所有其他法律及

附帶開支；此外，執行本令狀後，你須立即依照上述判決(或命令)將就上述各筆款項及利息而實

施執行的款項付給A.B.。

現亦規定你在作出執行後，立即在本令狀註上(餘字與表格53相同)。

見證(與表格53相同)。

本令狀(與表格53相同)。

(1994年第103號法律公告；1997年第313號法律公告)

表格65

交付令狀：交付貨物或貨物價值、損害賠償款項、訟費

(第45號命令第12條規則)

(標題與訴訟相同)

致..................................................執達主任：

鑑於在上述訴訟中，被告人C.D.已於19........年........月........日被判定(或命令)須

將下述貨物交付原告人A.B.，即(描述被判定或命令交付的貨物)，或付給原告人A.B.上述貨物的經

評估價值$...........................，(及損害賠償$............................)以及訟費

$.............................( 或訟費有待評定，而就日期為 19........ 年 ........

月 ........ 日的訟費評定官證明書所見，該筆訟費已作評定並准予為

$.....................................)。

第 4A 章 - 《高等法院規則》 420

現規定你安排將上述貨物交付A.B.，如你未能取得上述貨物的管有，則須安排從法律所授權檢

取以執行判決(或命令)的C.D.的貨物、實產及其他財產中，取得上述貨物的經評估價值

$.......................................，並將之付給A.B.。

現亦規定你安排從C.D.的上述財產中，取得$.....................作為(損害賠償及)訟費及

$...................................作為執行的費用，以及$......................的利息，

年息為$4釐，由19........年........月........日起計算直至支付為止，並連同執達主任的費

用、實施執行的費用以及所有其他法律及附帶開支；此外，在執行本令狀後，你須立即依照上述判

決(或命令)將就上述各筆款項及利息而實施執行的款項付給A.B.。

現亦規定你在作出執行後，立即在本令狀註上(餘字與表格53相同)。

見證(與表格53相同)。

本令狀(與表格53相同)。

(1994年第103號法律公告；1997年第313號法律公告)

表格66

管有令狀

(第45號命令第12條規則)

(標題與訴訟相同)

致....................................................執達主任：

鑑於在上述訴訟中，被告人C.D.已於19........年........月........日被判定(或命令)須

將(描述被判定或命令交付的土地)的管有交給原告人A.B.，並須付給他($............以及)訟費

$........................(或訟費有待評定，而就日期為19........年........月........日

的訟費評定官證明書所見，該筆訟費已作評定並准予為$..........................)：

現規定你進入上述土地並安排A.B.取得該土地的管有。

現亦規定你安排從法律所授權檢取以執行判決(或命令)的C.D.的貨物、實產及其他財產中(餘字

與表格53相同)。

現亦規定你在作出執行後，立即在本令狀註上(與表格53相同)。

見證(與表格53相同)。

第 4A 章 - 《高等法院規則》 421

本令狀(與表格53相同)。

(1994年第103號法律公告；1997年第313號法律公告)

表格66A

管有令狀

(第113號命令第7條規則)

(標題與傳票相同)

致.....................................................執達主任：

鑑於原告人A.B.已於19........年........月........日獲命令收回[描述被命令收回的土地]

的管有[及被告人C.D.被命令須付給原告人A.B.訟費$.............................]或訟費有

待評定，而就日期為19........年........月........日的訟費評定官證明書所見，該筆訟費已作

評定並准予為$.................................]]：

現規定你進入上述土地並安排A.B.取得該土地的管有。

[現亦規定你安排從法律所授權檢取以執行命令的C.D.的貨物、實產及其他財產中[餘字與表格

53相同]。]

見證(與表格53相同)。

本令狀(與表格53相同)。

日期：19........年........月........日

(1994年第103號法律公告；1997年第313號法律公告)

表格67

暫時扣押令狀

(第45號命令第12條規則)

(標題與訟案或事宜相同)

致(不少於四名暫時扣押人的姓名)：

第 4A 章 - 《高等法院規則》 422

鑑於在上述訴訟(或事宜)中，C.D.已於19.........年.........月.........日在香港高等法

院被判定(或命令)應(將一筆$...........................的款項繳存法院，或按具體情況填

寫)：

現藉本令狀授權和指示你們或你們之中任何二人或三人，可行使對上述C.D.的所有土地及非土

地產業的管有權和取得對該等產業的管有，並可將其土地產業及其所有非土地產業的租金及利潤收

集、收取及取到你們手中，並將該等產業暫時扣押在你們手中，直至上述C.D.(將一筆

$...............................的款項繳存法院並存入上述訴訟或事宜的貸方，或按具體情況

填寫)，抵償其藐視罪及上述法院作出其他相反的命令為止。

見證(與表格53相同)。

本令狀由(與表格53相同)發出。

(1997年第313號法律公告；1998年第25號第2條)

表格68

復還令狀

(第46號命令第1條規則)

(標題與訴訟相同)

致..................................................執達主任：

鑑於在上述訴訟中，被告人C.D.已於19........年........月........日被判定(或命令)須

將(描述被判定或命令交付的土地)的管有交給原告人A.B.：

又鑑於一份管有令狀已依據上述判決(或命令)於19.........年.........月.........日發出，

指示你將上述土地的管有交給上述A.B.，但香港高等法院覺得上述土地已被某些其他人不當地取得

管有，而上述法院已於19.........年.........月........日命令應就上述土地發出歸還令狀：

現規定你進入上述土地並安排A.B.取得上述土地的復還。

現亦規定你在作出執行後，立即在本令狀註上(餘字與表格53相同)。

見證(與表格53相同)。

本令狀(與表格53相同)。

(1994年第103號法律公告；1997年第313號法律公告；1998年第25號第2條)

第 4A 章 - 《高等法院規則》 423

表格69

給予援助令狀

(第46號命令第1條規則)

(標題與訴訟相同)

致.....................現任及日後任何一名執達主任：

鑑於藉日期為19........年........月........日的在香港高等法院於原告人A.B.及被告人

C.D.之間作出的命令，上述C.D.被命令須將命令中所描述的貨物，即(描述該等貨物)的管有交給上

述A.B.，但他即上述C.D.及其他人卻藐視上述法院，拒絕服從命令並保持管有該等貨物：

又鑑於藉日期為19........年........月........日的在上述訴訟中作出的命令，命令應發出

給予援助令狀，以將上述貨物的管有交給上述A.B.：

現規定你將上述貨物交由上述A.B.及其承讓人作和平而安寧的全面管有，並按照上述命令的目

的，在該管有於任何時間出現任何中斷時，保護上述A.B.及其承讓人，並保持使他們作此和平而安

寧的管有。在此事上，你們無論如何皆不得有失。

見證(與表格53相同)。

本令狀(與表格53相同)。

(1992年第165號法律公告；1994年第103號法律公告；1997年第313號法律公告；1998年第25

號第2條)

表格71

執行令狀續期通知書

(第46號命令第8條規則)

(標題與訟案或事宜相同)

現通知你在本訟案(或事宜)中向執達主任發出的載明日期為19.......年........月........日

的.............................令狀，已藉日期為19........年........月........日的命令而

續期一年，由該命令的日期起計算。

致執達主任。

第 4A 章 - 《高等法院規則》 424

(簽署)

.......................................的代表律師

表格72

着令提出反對因由的第三債務人命令

(第49號命令第1條規則)

香港高等法院

19........年第........宗

(在內庭的..............................法官)

A.B. 判定債權人

及

C.D. 判定債務人

F.G. 第三債務人

在閱讀...............................於19........年........月........日送交存檔的誓

章後：

(..........................法官)現命令須就上述第三債務人欠或累算欠上述判定債務人的

債項 ($.....................) 作扣押，以應付上述判定債權人於 19........ 年 ........

月........日在高等法院取得的判上述債務人敗訴可討回(或應付於19........年........

月 ........ 日在高等法院作出的命令上述判定債務人向上述判定債權人支

付)$..............................(債項及$..........................訟費)及第49號命令第

2(ba)(i)及(ii)條規則所提述的、按判定利率自贍養費到期付款日期至付款日期計算的利息以及按

高等法院決定的利率計算的附加費(連同第三債務人法律程序的訟費)的判決(或命令)，而就該判

決(或命令)而言，尚有$.........................已到期須予支付但仍未支付。

現又命令上述第三債務人須於19........年 ........月 ........日上／下午........

時........分到香港高等法院....................................法官的內庭，以便在上述判

定債權人要求第三債務人將第三債務人欠上述判定債務人的債項或該債項中足以履行該判決(或命

令)的部分及第49號命令第2(ba)(i)及(ii)條規則所提述的、按判定利率自贍養費到期付款日期至付

款日期計算的利息以及按高等法院決定的利率計算的附加費，連同第三債務人法律程序的訟費付給

他的申請中出席。

日期：19........年........月........日

致上述第三債務人及

第 4A 章 - 《高等法院規則》 425

判定債務人

(1994年第103號法律公告；1997年第313號法律公告；1998年第25號第2條；2003年第18號第15

條)

表格73

在第三債務人所欠款項多於判定債項時作出的

第三債務人絕對命令

(第49號命令第1、4條規則)

(標題與表格72相同)

在聆聽代表判定債權人及代表第三債務人的律師並閱

讀....................................於19........年........月........日在本案中送交存

檔的誓章後，並在閱讀於19......年.......月........日在本案中作出的下述命令後，即應就上述

第三債務人欠或累算欠上述判定債務人的債項作扣押，以應付上述債權人於19........年........

月........日在高等法院取得的判上述債務人敗訴可討回(或應付於19........年........

月 ........ 日在高等法院作出的命令上述判定債務人向上述判定債權人支

付)$.....................................(債項及$...................................訟

費)及第49號命令第2(ba)(i)及(ii)條規則所提述的、按判定利率自贍養費到期付款日期至付款日期

計算的利息以及按高等法院決定的利率計算的附加費(連同第三債務人的法律程序的訟費)的判決(或

命令)，而就該判決(或命令)而言，尚有$...............................已到期須予支付但仍

未支付：

現命令上述第三債務人立即付給上述判定債權人$.........................，該筆款項是上

述第三債務人欠上述判定債務人的債項中足以清償上述判定債項、第49號命令第2(ba)(i)及(ii)條

規則所提述的$......................利息以及$......................附加費，以及訟費的部

分，並須連同$..........................第三債務人法律程序的訟費支付，而上述第三債務人可

從他欠上述判定債務人的債項的餘款中扣起$......................作為他在本申請中的訟費。

日期：19........年........月........日

(1998年第25號第2條；2003年第18號第15條)

表格74

在第三債務人所欠款項少於判定債項時作出的

第三債務人絕對命令

(第49號命令第1、4條規則)

(標題與表格72相后( �/p>

第 4A 章 - 《高等法院規則》 426

在聆聽(與表格73相同)。

現命令上述第三債務人(在他欠上述判定債務人的債項中減去$.........................作為

他在本申請中的訟費後)立即付給上述判定債權人$..................................，該筆款

項是上述第三債務人欠上述判定債務人的債項，以及第49號命令第2(ba)(i)及(ii)條規則所提述的

$........................利息以及$.........................附加費，而判定債權人在本申請

中的訟費$...........................，須加在判定債項之上，並須從上述判定債權人根據本命

令所討回的款項中優先於判定債項而扣起。

日期：19........年........月........日

(2003年第18號第15條)

表格75

押記令：着令提出反對因由通知書

(第50號命令第1條規則)

(標題與訟案或事宜相同)

在聆聽 ................................ 並閱讀 ................................. 於

19........年........月........日在本案中送交存檔的誓章後，就所聽所閱看來，被告人已被於

19........年 ........月 ........日在高等法院作出的判決(或命令)命令須付給原告人

$.............................以及訟費$.............................，而就該判決(或命

令)而言，尚有$..........................到期須予支付但仍未支付，而看來被告人在本通知書

的附表所指明的資產中有實益權益：

(..............................................法官／聆案官)現命令除非有充分的反對

因由於19.........年.........月.........日上／下午........時.........分在(香港金鐘道38號

香港高等法院................................................法官／聆案官)席前提出，否則

被告人在上述資產中的權益須予押記，並命令該權益此時即予押記，以支付就上述判決(或命令)而

到期須予支付的款項$...............................以及(該筆款項按法定利率計算的利息)(第

50號命令第1(3)(ba)(i)及(ii)條規則所提述的、按判定利率自贍養費到期付款日期至付款日期計算

的利息以及按法院決定的利率計算的附加費)連同本申請的訟費。

日期：19........年........月........日

附表

(描述有關土地、保證物、款項或信託並提供其全部詳情；就保證物而言，請述明其全稱、數額、存

於何人名下，以及被施加押記的實益權益只是在保證物中抑或亦在派息或利息中，而就存於法院的

儲存金而言，則請述明帳戶號碼)。

第 4A 章 - 《高等法院規則》 427

(1988年第356號法律公告；1994年第103號法律公告；1998年第25號第2條；2003年第18號第15

條)

表格76

絕對押記令

(第50號命令第3條規則)

(標題與訟案或事宜相同)

在聆聽 ................................................... 並閱

讀 ...................................................

和.....................................於19........年........月........日在本案中送交存

檔的誓章以及於19........年........月........日作出的着令提出反對因由的命令後：

現命令被告人C.D.在本命令的附表所指明的資產中的權益須予押記，以支付被告人就一項日期

為19........年 ........月 ........日的高等法院判決(或命令)而欠原告人A.B.的款項

$........................以及(該筆款項按法定利率計算的利息)(第50號命令第1(3)(ba)(i)及

(ii)條規則所提述的$............................利息以及$........................附加費)

連同本申請的訟費$.................................，該等訟費須加在判定債項之上。

日期：19........年........月........日

附表

(描述有關土地、保證物、款項或信託並提供其全部詳情；就保證物而言，請述明其全稱、數額、存

於何人名下，以及被施加押記的實益權益只是在保證物中抑或亦在派息或利息中，而就存於法院的

儲存金而言，則請述明帳戶號碼)。

停止通知書

致(描述保管有關保證物的人)

現通知你就本命令的附表所指明的保證物而言，未經按(原告人的送達地址)向(原告人的姓名或

名稱)發出通知，你不得登記任何轉讓，亦不得支付任何贖金，或如屬單位信託，則不得處理有關單

位，或凡命令中包括派息或利息，則不得支付任何派息或利息。

附表

(1988年第356號法律公告；1994年第103號法律公告；1998年第25號第2條；2003年第18號第15

條)

第 4A 章 - 《高等法院規則》 428

表格77

(由1988年第356號法律公告廢除)

表格78

(由1988年第356號法律公告廢除)

表格79

就存於法院的儲存金的本金及入息而作出的停止令

(第50號命令第10條規則)

(標題與訟案或事宜相同)

在聆聽代表原告人 A.B. 的 ......................... 及代表被告人 C.D.

的.......................並閱讀.................................於19........年........

月........日在本案中送交存檔的誓章後：

現命令未經通知上述A.B.，不得將C.D.帳戶中存於本訴訟(或事宜)(述明訴訟或事宜的標題)貸

方的存於法院的(描述儲存金)的本金的任何部分、存於同一貸方的存於法院的現金

$....................................(屬於入息)的任何部分，以及就存於法院的上述款項所累

算須付而上述C.D.又有權(或可能成為有權)享有的任何利息或派息的任何部分，轉讓、出售、支付

或以其他方式處理。

日期：19........年........月........日

表格80

根據第50號命令第11條規則作出的誓章及發出的通知書

(第50號命令第11條規則)

香港高等法院

有關(述明產生宣誓人的權益的授產安排或其他文件，須提供足以識別該文件的關於日期及其他

方面的詳情)事宜。

及

第 4A 章 - 《高等法院規則》 429

有關《高等法院規則》第50號命令第11條規則事宜

本人 A.B.( 或代表 A.B. 的律師 C.D.) ，地

址..........................................................，宣誓並聲言：盡本人所知、

所得資料及所信，本人(或該A.B.)根據上述授產安排(或按具體情況填寫)，有權享有附錄於本

誓章的通知書所指明的保證物的權益。

宣誓(下略)..............................

本誓章是為 A.B. 而送交存檔，其地址

為..........................................................

須附錄於誓章的通知書

致.........................................有限公司

現通知你附錄於本通知書的誓章所包含的保證物(須受授產安排(或按具體情況填寫)的信託規

限)包括以下各項，即(指明有關的股額、股份等，並述明其是存於何人名下)。

本通知書是旨在停止上述保證物的轉讓，而非旨在停止上述保證物的任何派息或利息的支付(或

兼停止其任何派息或利息的支付)。

(簽署) A.B.(或 C.D.如誓章

是由他宣誓作出)

(1998年第25號第2條)

表格81

就禁止轉讓股額等的原訴傳票而作出的命令

(第50號命令第15條規則)

香港特別行政區高等法院

20 ........ 年第 ........ 宗

有關 ............................. 的信託事宜

及

有關《高等法院規則》第50號命令第15條規則事宜。

第 4A 章 - 《高等法院規則》 430

在聆聽代表申請人A.B.的大律師今天向本法庭提出的要求授予強制令的原訴傳票後：

又申請人透過其大律師作出下述承諾，即若法庭日後決定答辯人

(.............................................................. 有限公司)因本命令而蒙受

損失和有權獲得損害賠償，而申請人應支付該等損害賠償，並作出任何命令，則申請人承諾遵從該

命令：

現命令禁止

( .....................................................................................

. 有限公司)准許將在其簿冊中存於(述明有關股額的持有人姓名或名稱)名下的(描述有關股額)或其

任何部分轉讓，並禁止其支付就該等股額到期須予支付或成為到期須予支付的任何派息或利息，直

至20 ........ 年 ........ 月 ........ 日或有進一步命令為止。

日期：20........年........月........日

(1998年第25號第2條；2008年第152號法律公告)

表格82

委任接管人的傳票

(第51號命令第3條規則)

(標題與訴訟相同)

被告人C.D.須於19........年........月........日星期上／下午........時........

分到(香港高等法院....................................法官的內庭)，出席原告人申請作出下

述命令的聆訊，即在本訴訟中委任一名接管人(或委任P.R.為接管人)，以收取可就被告人C.D.在下

述財產，即(描述該財產)中的權益而收取的租金、利潤和款項，以清償或用作清償根據日期為

19........年........月........日的在本訴訟中作出的判決(或命令)而須付給原告人的款項及

利息，並就本申請的訟費作出命令。

日期：19........年........月........日

本傳票是由地址為 .....................................

的..............................取得。

致上述.......................................(及其律師)。

(1994年第103號法律公告；1997年第313號法律公告；1998年第25號第2條)

表格83

指示發出委任接管人的傳票並同時授予強制令的命令

第 4A 章 - 《高等法院規則》 431

(第51號命令第3條規則)

(標題與訴訟相同)

在閱讀.........................................於19........年........月........日送

交存檔的誓章後：

被告人C.D.須於19........年........月........日........午........時........分到(香港

高等法院...........................................法官的內庭)，出席原告人申請作出下述

委任的聆訊，即按通常的條款委任P.R.為本訴訟中的接管人，以收取可就上述被告人在下述財產，

即(描述該財產)中的權益而收取的租金、利潤及款項，以清償或用作清償根據日期為19........

年 ........ 月 ........ 日的在本訴訟中作出的判決 ( 或命令 ) 而須支付的債項

$.....................及訟費$........................，以及上述各筆款項的利息，年息為$4

釐，由19........年........月........日起計算。

又原告人(透過其律師)在此作出下述承諾，即若法庭日後決定上述被告人因本命令而蒙受損失

和有權獲得損害賠償，而原告人應支付該等損害賠償，並作出任何命令，則原告人承諾遵從該命

令。現命令禁止上述被告人本人或透過其代理人或受僱人或以其他方式而將上述財產轉讓、押記或

以其他方式處理，並授予一項強制令禁止其如此行事，直至上述申請聆訊完畢為止。

日期：19........年........月........日

(1994年第103號法律公告；1997年第313號法律公告；1998年第25號第2條)

表格84

由於衡平法執行而委任接管人的命令

(第51號命令第1條規則)

(標題與訴訟相同)

在聆聽 ................................................ 並閱

讀.....................................................於19........年........月........

日送交存檔的誓章後：

( 如命令提供保證 ) 現命令地址

為........................................................................的P.R.先行提

供法庭感到滿意的保證，然後須獲委任收取可就上述被告人在下述財產，即(描述該財產)中的權益

而收取的租金、利潤及款項，並特此委任他如此行事。

(如並無命令提供保證而接管人亦非原告人)由於原告人須對接管人的作為及過失負責，現命令

地址為..................................................................的P.R.須獲委任

收取(繼續如上)，但如未經法庭許可或先行提供法庭感到滿意的一般保證(除非另有命令，否則費用

第 4A 章 - 《高等法院規則》 432

由原告人負擔)，他所收取的款項，款額不得超逾判定債項及就取得本命令而准予的訟費之數，並特

此委任他如此行事。

(如並無命令提供保證而接管人是原告人：與上文相同，但略去“由於原告人須對接管人的作為

及過失負責”及“或先行提供法庭感到滿意的一般保證(除非另有命令，否則費用由原告人負擔)”

等字句)。

(無論屬何情況，本命令均繼續如下：─)

本委任不影響在上述財產上的任何居先的產權負擔的權利，而如其認為恰當，可憑藉其各自持

有的保證，取得上述財產的管有或收取如上，或如持有任何居先的產權負擔的人正在管有上述財

產，則本委任不影響該管有。

上述財產所包含的處所的租客須承認接管人，並向接管人繳付他們的欠租及日後的租金。

接管人如認為恰當(否則不得如此行事)，可從他所收取的租金、利潤及款項中按照居先的產權

負擔的優先次序作出撥付以減低該等產權負擔的利息，而在通過接管人的帳目時，該等撥付(如有的

話)須獲批准。

接管人須於........年........月........日(命令作出後3個月)及法庭所命令的較後及其他時

間，留交並通過其帳目，並須於........年........月........日(命令作出後4個月)及法庭所命令

的較後及其他時間，支付在如此留交的帳目中看來到期須予支付的一筆或多於一筆餘款或其中會被

核證為如此支付屬於恰當的部分，而該等款項是清償或用作清償就........年........月........

日就債項 $........................... 以及訟費 $..................... 合共

$..............................所簽署的判決而當其時到期須予支付的款項者。

接管人的費用(包括其酬金)、取得接管人的委任的費用、完成接管人的保證(如有的話)的費

用、通過接管人的帳目的費用及解除接管人的職務的費用，不得超逾根據上述判決到期須予支付的

款項或接管人所討回的款項的百分之十，以較少者為準，但除非另有命令，否則所准予的費用不得

少於.........................................。該等費用除非已由法庭評估，否則須予評定，

並首先須由接管人所已收取的款項中撥付。如無任何款項收取或款額不足夠，則一經法庭在通過最

終帳目後發出證明書述明不敷之數，該經如此核證的不敷之數須由被告人支付給原告人。

現又命令在作出前述多筆付款後，除非法庭另有指示，否則留存在接管人手中的餘款(如有的

話)，須隨即由接管人繳存法院並存於本訴訟的貸方，但如有進一步的命令則作別論。

在有需要時，任何一方均可向在內庭的法官提出申請。

日期：19........年........月........日

(1994年第103號法律公告；1998年第25號第2條)

表格85

第 4A 章 - 《高等法院規則》 433

交付羈押令

(第52號命令第1條規則)

(標題與訴訟相同)

在代表原告人的律師／原告人所取得的日期為20 ........ 年........ 月........ 日的原訴

傳票作聆訊後，並在閱讀( ....................... 於20 ........ 年 ........ 月 ........

日所送交存檔的關於已將日期為20 ........ 年 ........ 月 ........ 日的法庭命令的文本及本

原訴傳票的聆訊通知書送達被告人C.D.的誓章後)：

法庭覺得並信納被告人C.D.已因(描述有關的藐視罪)而犯了藐視法庭罪：

現命令將被告人以犯上述藐視罪而交

付 ........................................................ 監獄(直至有進一步的命令為

止)。

( 現又命令如被告人 C.D. 遵從下述條款，

即 ...................................................

.......................................................................................

.............................................

本命令即不會執行)。

日期：20 ........ 年 ........ 月 ........ 日

(2008年第152號法律公告)

表格85A

交付羈押令狀

(第52號命令第1條規則)

香港高等法院

原訟法庭

A.B. 原告人

及

C.D. 被告人

致：總執達主任及其助理以及懲教署署長。

根據本法庭今天所宣告的命令，上述[在此填上被告人的姓名]已因犯上述命令中提述的藐視罪

第 4A 章 - 《高等法院規則》 434

而被命令須交付監獄。

現規定你將上述[在此填上被告人的姓名]拘捕，並將他／她安全送交監獄，以將他／她羈押於

監獄及加以穩妥看管，直至.........................................法官於19........

年........月........日所授予的上述命令獲得遵從及服從為止，或直至法庭應上述[在此填上被告

人的姓名]的申請而將他／她釋放為止。

日期：19........年........月........日

...........................................

原訟法庭法官

(1994年第103號法律公告；1997年第313號法律公告；1998年第25號第2條)

表格86

對申請司法覆核的許可的申請的通知書

(第53號命令第3(2)條規則)

第 ............ 宗

香港特別行政區高等法院

原訟法庭

申請人

對申請司法覆核的許可的申請的通知書

(第53號命令第3(2)條規則)

本表格必須連同填寫指引一併閱讀，該份指引可向登記處索取。

致香港高等法院司法常務官。

申請人的姓名或名稱、描述及

地址

建議的答辯人的姓名或名稱及

描述

尋求濟助所關乎的判決、命

令、決定或其他法律程序

所尋求的濟助

申請人所知悉的有利害關係的

各方(如有的話)的姓名或名

稱、描述及地址

第 4A 章 - 《高等法院規則》 435

代表申請人的律師行的名稱及

地址，或(如沒有律師代表行

事)申請人的送達地址

簽署日期

尋求濟助的理由 (如曾有任何延遲，在此列出原因)

備註：─理由必須由核實所倚據的事實的誓章支持。

(2008年第152號法律公告)

表格86A

原訴傳票—司法覆核

(第53號命令第5條規則)

20........年第........宗

香港特別行政區高等法院

原訟法庭

憲法及行政法審訊表

........ 第 ........ 號

A.B. 申請人

及

C.D. 答辯人

依

據 ....................................................................................

........................... 於 ............. 年 .............月 ............... 日所批

予的許可，所有有關各方均須於20 ............... 年 ............... 月 .............. 日

上／下午 ................... 時 ................. 分

到 ...................................................... 席前，以便在A.B.要求作出下述命令(或下述濟助)的申請聆訊中出席︰

.......................................................................................

..........................................................

.......................................................................................

..........................................................

第 4A 章 - 《高等法院規則》 436

.......................................................................................

........................................................。

現通知你有人會尋求飭

令 ....................................................................................

......

支付本申請的訟費及附帶訟費的命令。

本申請的理由，即用作要求批予作出上述命令的許可申請的表格86所列理由(或已獲批予許可的

本申請的理由如下：

.......................................................................................

...........................................................

.......................................................................................

..........................................................)。

現又通知你在法庭聆訊本申請時，申請人會使用下述的誓章及其中提述的證物：

.......................................................................................

............................................................

.......................................................................................

...........................................................。

日期：20 ........ 年........ 月 ........ 日

...................................................

........................

申請人的代表律師(凡申請人親自行事，

則填上申請人姓名或名稱)

本傳票是由申請人的代表律師 ........................ 取得，其地址

為 .................................

.......................................................................................

............................................................，

(或凡原告人親自行事：

本傳票是由申請人取得，其送達地址

為 .......................................................................

.......................................................................................

..........................................................)。

致

︰ ....................................................................................

.......................................................

..................................................................................

.........................................................

(答辯人姓名或名稱及地址或答辯人的代表律師名稱及地址，以及有利害關係的一方或法庭指

示的其他方(如適用的話) 的姓名或名稱及地址)

(2008年第152號法律公告)

第 4A 章 - 《高等法院規則》 437

表格87

原訴傳票—要求發出解交被拘押者並說明

其拘押日期及原因令狀

(第54號命令第2條規則)

20 ........ 年第 ........ 宗

香港特別行政區高等法院

原訟法庭

憲法及行政法審訊表

........ 第 ........ 號

A.B. 申請人

及

C.D. 答辯人

依

據 ....................................................................................

............ 於 ............. 年 .............月 ................ 日所作出的指示，所有

有關各方均須於20 ............... 年 ............... 月 ................. 日上／下

午 .................. 時 ................ 分

到 .................................................... 席前，以便在A.B.要求發出致予 ............................. 的人身保護令狀的申請聆訊中出席，以將 A.B. 按照 ....................... 法官所指示的時間帶到 ......................... 法官席前。

現通知你有人會尋求飭

令 ................................................................................ 支

付本申請的訟費及附帶訟費的命令。

本申請的理由，即在向 ......................................................... 申請

作出該命令時所使用的A.B.及 ...................... 的誓章以及該等誓章中分別提述的證物所

列者，而上述誓章的文本及證物的複本隨本通知書一併送達。

現又通知你在法庭聆訊本申請時，申請人會使用下述的誓章及其中提述的證物：

.......................................................................................

.......................................................

第 4A 章 - 《高等法院規則》 438

.......................................................................................

....................................................。

日期：20 ........ 年 ........ 月 ........ 日

...................................................

......................

申請人的代表律師(凡申請人親自行事，

則填上申請人姓名或名稱)

本傳票是由申請人的代表律

師 ...................................................................................

取得，其地址

為 ....................................................................................

...............................

.......................................................................................

.......................................................，

(或凡原告人親自行事：

本傳票是由申請人取得，其送達地址

為 ...................................................................

.......................................................................................

......................................................)。

致

︰.....................................................................................

....................................................

...................................................................................

......................................................

(答辯人姓名或名稱及地址或答辯人的代表律師名稱及地址，以及法庭指示的其他方(如適用的

話)的姓名或名稱及地址)

(2008年第152號法律公告)

表格88

由法庭指示發出的關於經押後的人身保護令狀

申請的通知書

(第54號命令第2條規則)

(標題與表格87相同)

現通知你在上述事宜中，要求發出上述令狀的申請已於19.......年.......月.......日

向........................................提出，而當時該申請被押後以便可向你發出通知。

第 4A 章 - 《高等法院規則》 439

現特此向你發出通知，該申請將於19........年........月........日星期........上／下

午........時........分向..............................................提出。

(簽署)............................................

地址....................................

..................................的代表律師

致...............................................................

表格89

解交被拘押者並說明其拘押日期及原因令狀

(第54號命令第10條規則)

致.....................................：

現規定你按照隨本令狀送達的通知書所指明的日期及時間，將據稱已被捉拿並在你看管之下受

羈押的A.B.，連同其被捉拿並受羈押的日期及因由(不論他在該案中所用姓名為何)，帶到我們設於

香港高等法院的高等法院，以便我們的法院可於當時當地進行訊問並決定該因由是否合法，你並須

於當時當地帶備此令狀。

於 19........ 年 ........ 月 ........ 日由香港終審法院首席法

官..............................見證

註明

奉(................................................大法官)的命令

本令狀是由代表................................................................的律

師發出，其地址

為.....................................................................................

...................................。

(1997年第313號法律公告；1998年第25號第2條)

表格90

第 4A 章 - 《高等法院規則》 440

隨解交被拘押者並說明其拘押日期

及原因令狀而送達的通知書

(第54號命令第6條規則)

香港高等法院

原訟法庭

(如是在已開展的訟案中，在此填上標題，否則不必填寫)

.............................................. 法官已授予致

予....................................................(如..............................

..........................是在另一人的看管之下，則為致予該另一人)的人身保護令狀，規定該

人按照通知書所指明的日期及時間，將A.B.連同其被捉拿並受羈押的日期及因由，帶到香港高等法

院的一名法官席前。

現通知你，上述令狀規定你須於19.........年.........月.........日星期.........上／下

午........時........分將上述A.B.帶到.........................................法官席前，

並就上述令狀作出回報。如你沒有如此行事，會有動議即時或在其後大律師最早可獲聆聽之時向上

述法庭提出，以你不服從上述令狀而犯藐視罪將你交付監獄。

日期：19........年........月........日

(簽署)............................................

地址....................................

..................................的代表律師

致...............................................................

(1997年第313號法律公告；1998年第25號第2條)

表格91及表格92

(由1997年第95號第7條廢除)

表格93

附帶條款付款的通知書(第62A號命令)

第 4A 章 - 《高等法院規則》 441

(第62A號命令第8(2)條規則)

(標題與訴訟相同)

致收取方(的律師)

_______________________________________________________________________ 現通知你，支付方 _________________ 已向法院繳存$ _________________ (進一步的款項 $ _________________ )以就以下項目達致和解— (在適用的方格內加上“”號)

□ 你的訟費的全數，包括訟費評定的訟費(訟費單日期為 ______ 年 ______ 月 ______ 日) □ 你的訟費的部分(在下面提供詳細資料) □ 該款項增補已於 ______ 年 ______ 月 ______ 日繳存法院的款項$ ________________，而

現在為就你的訟費提議和解而存於法院的總款額為$ _________________ (提供迄今為止所有存於法院的款項的總額)

□ 該款項不包括利息，而提議作為利息的額外款額為$ _________________ (提供計算所提議利息款額的利率及期間的詳細資料)

□ 該款項已考慮在下述日期作出的下述款額的訟費中期付款：(提供詳細資料) □ 該款項已考慮已繳存法院作為有關訴訟、訟案或事宜的訟費保證的下述款項：(提供詳細資

料)

簽署

職銜或所擔任的職位

(如代表商號、公司或支付方(的律師) 法團簽署)

日期

連同公司圖章

(如適用的話)

附註：致收取方

如你意欲在無需法庭許可的情況下，接受繳存法院的款項，你應填寫表格93B，並將它送交高等法院

登記處存檔，以及將其文本一份送交支付方。

(2008年第152號法律公告)

表格93A

接受附帶條款付款的通知書(第62A號命令)

(第62A號命令第13(4)條規則)

(標題與訴訟相后( �/p>

第 4A 章 - 《高等法院規則》 442

致支付方(的律師)

________________________________________________________________________ 現通知你，收取方接受於 ______ 年 ______ 月______ 日接獲的總額為$ ________________ 的繳存法院款項，以就列於有關附帶條款付款的通知書中收取方的訟費的(全數)(部分)(並放棄訟費的其

餘部分)達致和解。

簽署

職銜或所擔任的職位

(如代表商號、公司或收取方(的律師) 法團簽署)

日期

連同公司圖章

(如適用的話)

(2008年第152號法律公告)

表格93B

請求支出款項的通知書(第62A號命令)

(第62A號命令第15條規則)

(標題與訴訟相同)

本人於 _______ 年 _______ 月 _______ 日接受於 _______ 年 _______ 月 _______ 日接獲的總額為$ _________________ 的繳存法院款項，以就列於有關附帶條款付款的通知書中本人的訟費的(全數)(部分)達致和解。

本人聲明：

□ 附帶條款付款已[在14天內][在14天後但已就在該14天限期後招致的訟費的法律責任及金額

達成協議的情況下]*被接受

□ 受提議者並非無行為能力的人

□ [受提議者從無在該等法律程序的任何時間接受法律援助] [受提議者已接受法律援助]*

□ 並沒有要求撤回或削減附帶條款付款的申請待決

□ [只有一名支付方][附帶條款付款由所有支付方作出][本人已中止針對未有作出付款的支付

方就訟費評定進行的法律程序，而他們已以書面同意接受附帶條款付款]*

(如並未作出任何上述聲明，存於法院的款項僅可在法庭命令下支出) □ 本通知書的文本已送達在下面指名的支付方(的律師)，而本人請求將存於法院的上述款項支

付予：

收取方或律師的全名

第 4A 章 - 《高等法院規則》 443

地址及電話號碼

簽署

附註：在簽署本表格前請閱讀背頁的填寫指引。我們可能退回不正確地簽署

的表格，而不作任何行動。

收取方的律師的詳細資料

支付方或律師的全名／法律援助署署長*

地址及電話號碼

簽署

附註：收取方(的律師)在將本通知書的文本送達支付方(的律師)前應先取得

支付方(的律師)在下述方格中的簽署。

支付方的律師的詳細資料

* 將不適用者刪去

表格93B的填寫指引

為請求將存於法院的儲存金支出，請將按照本填寫指引簽署和填寫的本表格，送交高等法院登記處

第 4A 章 - 《高等法院規則》 444

存檔。本表格的文本一份亦應送交支付方的律師。

‧ 本表格應由收取方或其律師簽署。

‧ 高等法院會計部僅會在接獲妥當地填寫並有簽署正本的表格93B後，方會作出付款。表格的圖文

傳真文本及簽署的影印本將不獲接受。

‧ 公司董事在代表公司簽署前，必須向常規聆案官取得代表公司的許可。”

(2008年第152號法律公告)

表格94

在海上保險訴訟中交出文件的命令

(第72號命令第10條規則)

(標題與訴訟相同)

在聆聽 .........................................................( 並閱

讀........................................於19........年........月........日送交存檔的

誓章後)：

現命令原告人以及與本訴訟及屬本訴訟標的之保險有利害關係的所有其他人，在經宣誓後(或

由他們的恰當人員在經宣誓後 ) 向被告人、其律師或代理人交出並展示所有

與....................................船舶的保險或該保險標的事宜有關的保險承保條、保

單、指示函件或其他立出該等承保條或保單的命令，或與該船舶上的貨物或該船舶的貨運有關的保

險承保條、保單、指示函件或其他立出該等承保條或保單的命令，以及所有關於該船舶的航行或該

船舶、貨物或貨運據稱的損失的文件，和在任何方面關於下述各項而與任何人的所有通信，即立出

該船舶、貨物或貨運的保險，或就該船舶、貨物或貨運而立出的任何其他保險，或就提出本訴訟所

關乎的保單所承保的航程而立出的任何其他保險，或就同一航程而就該船舶、該船舶上的貨物或該

船舶的貨運而立出的任何其他保單。也包括該船舶的船長或代理人和任何其他人與船東或任何人之

間在發生據稱的損失的航程開始之前或進行期間的所有通信。也包括所有簿冊和文件，不論它們的

性質，亦不論它們是正本、複本抑或副本，而它們是在任何方面與本訴訟的任何有關事宜有關或提

述該等事宜的，並且現時是由原告人或代表他的任何其他人、其經紀、律師或代理人保管、管有或

控制，而被告人或其律師或代理人，可查閱任何該等簿冊或文件，或將其複製副本或摘錄其資料。

而同樣地，原告人及每一名如上述般有利害關係的人，亦須就曾一度但現已非由他們保管、管有或

控制而與本訴訟的任何有關事宜有關或提述該等事宜的所有其他簿冊及文件作出交代。

又(在此期間內所有進一步的法律程序將予擱置，而)本申請的訟費及本申請所引起的訟費，為

訟費歸於訴訟中。

第 4A 章 - 《高等法院規則》 445

日期：19........年........月........日

表格95

針對政府的命令的證明書

(第77號命令第15(3)條規則)

(標題與訟案或事宜相同)

本法庭於19........年........月........日作出的判決(或命令)判定(或命令)(提供判決或

命令的詳情)。

本人特此核證依照該判決 ( 或命令 ) 須由 ........................... 支付

給 ....................... 的款項為 $.........................( 連同其利息，按年息

$........................釐計算直至支付為止，並連同經由訟費評定官評定及核證的訟費

$.........................，而須就該訟費支付的利息，年息為$......................釐，由

19........年........月........日起計算直至支付為止)。

(本證明書不包括根據該判決或命令須就訟費支付的款項)。

日期：19........年........月........日

(簽署)..............................................

(備註：─凡已有指示就訟費發出另一份證明書，則須包括最後一段)。

(1997年第313號法律公告)

表格96

判政府敗訴須支付訟費的命令的證明書

(第77號命令第15條規則)

(標題與訟案或事宜相同)

本法庭於19........年........月........日作出的判決(或命令)判定(或命令)(提供判決

或命令的詳情)。

本人特此核證依照該判決 ( 或命令 ) 須由 ............................. 支付

給 ....................... 的訟費，經由訟費評定官評定及核證為

第 4A 章 - 《高等法院規則》 446

$..............................(而須就其支付的利息為年息$..............................

釐，由19........年........月........日起計算直至支付為止)。

日期：19........年........月........日

(簽署)...............................................

(1997年第313號法律公告)

表格99

上訴法庭批准囚犯保釋的命令

(第59號命令第20條規則)

上訴法庭

應來自...............................法院的上訴

日期：19........年........月........日。

鑑於A.B.於19........年........月........日被(描述有關法庭)命令須以犯藐視法庭罪而受

監禁...............................，而上述A.B.已針對上述命令向本法院提出上訴：─

又鑑於上述A.B.已向本法院申請准予保釋：

在閱讀為上述 A.B. 所發出的動議通知書並聆聽代表上述 A.B. 的大律

師.................................先生後

現命令一經上述A.B.提供一筆$..............................的保證金(由其本人自行提供

擔保)，連同(兩名)具足夠條件的擔保人提供擔保$.......................，而每一名擔保人均須

在司法常務官席前保證上述 A.B. 會在本法院就其上訴作出判決後十天內親自

在.....................................法庭席前出庭，但如上述法庭的命令被該判決推翻，該

人即上述A.B.即就其如前所述般的交付羈押而從懲教署署長.................................的

看管下獲釋。

奉法院命令

(1982年第30號法律公告；1997年第47號第10條；1998年第25號第2條)

表格100

與仲裁程序相關連而向法院繳存款項的通知書

第 4A 章 - 《高等法院規則》 447

(第73號命令第11條規則)

有關仲裁程序事宜

在右列各方之間展開

A.B. ....................................................................... 第一方

C.D. ................................................................

....... 第二方

E.F. ................................................................

........ 第三方

下略

現通知你─

第.......................方..................................................已向法院繳

存$........................。該$.........................是用作了結

第..........................方提出申索所關乎的(有爭議事宜)(所有有爭議的事宜)(已計算並了

結上述一方提出反申索所關乎的................申索)。

或

該$...............................是用作了結第...........................方提出申索所關

乎的下列有爭議事宜(已計算如上)。

或

在該$............................中，$..........................是用作了結

第....................................

方提出申索所關乎的下列有爭議事宜(已計算如上)，而$.............................則是用作

了結第.......................方提出申索所關乎的下列有爭議事宜(已計算如上)。

日期：19........年........月........日

表格101

接受與仲裁程序相關連而向法院繳存的款項的通知書

(第73號命令第11條規則)

有關仲裁程序事宜

在右列各方之間展開

A.B. ....................................................................... 第一方

C.D. ................................................................

第 4A 章 - 《高等法院規則》 448

....... 第二方

E.F. ................................................................

........ 第三方

現通知你第 .......................... 方 .......................... 接受由

第...........................方繳存的一筆$..............................的款項，以了結

繳存該筆款項所關乎的有爭議事宜，而第....................................方是就該筆款項

(針對該一方)提出申索的(並放棄他就仲裁程序中的其他有爭議事宜而針對該一方提出的申索)。

日期：19........年........月........日

表格102

發出逮捕令以進行訊問的命令

(第49B號命令第1條規則)

香港高等法院

原訟法庭

A.B. 判定債權人

及

C.D. 判定債務人

現應判定債權人 A.B. 的申請，並在聆聽代表上述判定債權人的律師及閱

讀..........................................於19........年........月........日送交存檔

的誓章後：

現命令向執達主任發出手令命令他將判定債務人C.D.逮捕，並在逮捕之日翌日屆滿前將他帶到

法庭席前接受訊問；現又命令授權執達主任當有以下情況出現即釋放判定債務人─

1. 有人向他支付一筆$....................的款項，該筆款項的款額為判定債項的款額，連

同$............................作為本訴訟的訟費，以及為取得並執行本手令而須予支

付的訟費；

2. 有人向他支付一筆$........................的款項作為保證，或有一名或多於一名擔保

人按照該筆款項的款額提供保釋；

3. 有人向他交出判定債務人的旅行證件。

[按照法庭命令而將條件刪除、修訂或代入。]

第 4A 章 - 《高等法院規則》 449

日期：19........年........月........日

備註：判定債務人可向法庭申請撤銷本命令。

(1994年第103號法律公告；1998年第25號第2條)

表格103

等候進一步訊問的監禁令

(第49B號命令第1A條規則)

香港高等法院

原訟法庭

A.B. 判定債權人

及

C.D. 判定債務人

鑑於根據第49B號命令第1A條規則進行的訊問已押後至19....年....月....日：

現命令向執達主任發出手令命令他將判定債務人交付懲教署署長看管，以將判定債務人作為錢

債案囚犯而關於監獄，直至19........年........月........日為止，然後將判定債務人帶到法庭

席前以接受進一步訊問。法庭現將生活給養津貼定為每天$.................................。

現又命令授權執達主任當有以下情況出現即釋放判定債務人─

1. 有人向他支付一筆$........................的款項，該筆款項的款額為判定債項的款

額，連同$........................作為本訴訟的訟費，以及為取得並執行本手令而須予

支付的訟費；

2. 有人向他支付一筆$........................的款項作為保證，或有一名或多於一名擔保

人按照該筆款項的款額提供保釋。

[按照法庭命令而將條件刪除、修訂或代入。]

日期：19........年........月........日

備註：判定債務人可向法庭申請撤銷本命令。

(1994年第103號法律公告；1998年第25號第2條)

表格104

第 4A 章 - 《高等法院規則》 450

負債監禁的命令

(第49B號命令第1B條規則)

香港高等法院

原訟法庭

A.B. 判定債權人

及

C.D. 判定債務人

[在根據第49B號命令第1A條規則對判定債務人進行訊問後，並在法庭按第49B號命令第1B條規則

所規定者予以信納後：]或[在法庭信納判定債務人沒有遵從根據第49B號命令第1B(3)條規則作出的

命令後：]

現命令執達主任捉拿判定債務人，並將他交付懲教署署長看管，以作為錢債案囚犯而羈押於監

獄，為期.....................................，但如在該段期間屆滿前，判定債務人循適當法

律途徑獲釋，則作別論。

法庭已將生活給養津貼定為每天$..................................。

日期：19........年........月........日

(1994年第103號法律公告；1998年第25號第2條)

表格105

要求因並無付款而作出監禁令的申請

(第49B號命令第1B條規則)

香港高等法院

原訟法庭

A.B. 判定債權人

及

C.D. 判定債務人

現通知你判定債權人將於19........年........月........日，以判定債務人沒有如法庭於

19........年........月........日所命令而支付一筆$...................................的

款項為理由，向法庭申請作出監禁判定債務人的命令。

第 4A 章 - 《高等法院規則》 451

日期：19........年........月........日

(1994年第103號法律公告；1998年第25號第2條)

表格106

禁止離開香港的命令

(第44A號命令第3條規則)

香港高等法院

原訟法庭

A.B. 判定債權人／原告人／申索人

及

C.D. 判定債務人／被告人／申索所針對

的人

現應A.B.的申請，並在聆聽代表A.B.的律師及在閱讀....................................於

19........年........月........日送交存檔的誓章後：

命令禁止C.D.離開香港。

本命令(除非已予延展或續期，否則)將於一個月屆滿之後失效，並如有以下情況即不具效力─

1. C.D.支付一筆$.......................的款項，該筆款項的款額為A.B.所申索的款額[連

同$...............................作為本訴訟的訟費]，以及為取得並執行本命令而須

予支付的訟費；

2. C.D.支付一筆$..........................的款項作為保證，或有一名或多於一名擔保人

按照該筆款項的款額提供保釋。

[按照法庭命令而將條件刪除、修訂或代入。]

日期：19........年........月........日

備註：C.D.可向法庭申請撤銷本命令。

(1994年第103號法律公告；1998年第25號第2條)

表格107

第 4A 章 - 《高等法院規則》 452

(由2008年第152號法律公告廢除)

表格108

繼續扣留經扣押的財產的命令

(第115號命令第25條規則)

香港高等法院

原訟法庭

-------------

有關《販毒(追討得益)條例》

(第405章)事宜

-------------

[ ] 申請人

及

[ ] 答辯人

-------------

在................................................法官席前

內庭

命令

應[A.B.]的申請

並在聆聽[上述A.B.]後

及在閱讀[A.B.]

於..............................................................................作出的

誓章後

現命令由..............................的[E.F.]於........年........月........日星

期 ........ 香港時間上／下午 ........ 時 ........ 分，在香

港.................................................從地址為..........................的

[C.D.]處(或從一名或多於一名身分不詳的人處)所扣押的一筆$.....................的款項，須

作進一步扣留，為期....................天，由本命令的日期起計，直至本法庭有進一步的命令

為止。

日期：19........年........月........日

司法常務官

第 4A 章 - 《高等法院規則》 453

重要通知：

(1)受本命令影響的一方可向法庭申請撤銷本命令。

(2)申請人可申請命令將此筆款項作進一步扣留。

(3)如有任何要求發還此筆款項的申請提出，受本命令影響的人將會按照法院規則或按法庭所

指示者而獲得通知。

(1996年第296號法律公告；1998年第25號第2條)

表格109

(由2008年第152號法律公告廢除)

(1997年第222號法律公告；1998年第25號第2條)

附錄： B 特別海事表格 L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

表格1

在對物訴訟中發出的傳訊令狀

(第75號命令第3條規則)

[香港盾徽]

19.......年案卷第.......號

香港高等法院

原訟法庭

海事對物訴訟針對：

[“X”船舶或按具體情況而描述本訴訟所針對的財產]

[“A”船舶船東或按具體情況而描述原告人] 原告人

[或姓名／名稱]

及

[“X”船舶船東或按具體情況而描述本訴訟被告人

所針對的財產]

致被告人及其他與 “ X ” 船舶有利害關係的

人 ........................................... ，該船舶是

在....................................................港口註冊的[或按具體情況填寫]

第 4A 章 - 《高等法院規則》 454

本傳訊令狀已由原告人就背頁所列出的申索而針對上文所描述的財產發出。在本令狀送達後[14

天]內(送達之日計算在內)，你必須了結該申索或向下文所述的高等法院登記處遞交送達認收書。

如你沒有在上述時限內了結該申索或遞交送達認收書，則原告人可繼續進行訴訟，而判決可在

不向你發出進一步通知的情況下作出。又如本令狀所描述的財產是在法庭扣押之下，可藉法庭命令

而將之出售。

本令狀於今天，即19.......年.......月.......日由高等法院登記處發出。

備註：─本令狀除非經由法庭命令予以續期，否則不得在發出日期起計12個公曆月之後送達。

重要事項

關於送達認收書的指示載於隨附的表格。

[表格1背面]

*[申索陳述書]

*方括號內字句如不適用請予刪去

原告人就下述事宜提出申索

*[如註有申索陳述書，請簽署]

----------------------------------------------------------------------------------------- 本令狀是由代表上述原告人

的.........................................................................

律師發出，其地址

為.....................................................................................

..........，

而該原告人的地址則

為.....................................................................................

.....。

*[或凡原告人是親自起訴者

本令狀是由上述原告人發出，該原告人居

於.................................................

..............................................及(如原告人並非居於本司法管轄權範圍內)其

送達地址

為 ....................................................................................

.............................。]

第 4A 章 - 《高等法院規則》 455

[關於送達的註明

(只在令狀已由執達主任送達後方須填寫)

本令狀已由本人於19.....年.....月.....日星期.....以(述明送達方式)在 .........

........................................送

達.................................................................................

簽署

執達主任姓名 ]

(1998年第25號第2條)

表格2

在局限法律責任的訴訟中發出的傳訊令狀

(第75號命令第3(3)條規則)

[香港盾徽]

19.......年案卷第.......號

香港高等法院

原訟法庭

海事司法管轄權

原告人

及

被告人

致被告人 [ 姓名或名

稱]....................................................................................

[地址]

.................................................................................

........................................

本傳訊令狀已由上述原告人就背頁所列出的申索而針對你發出。

除非你承認該申索，否則你必須在本令狀送達你後[14]天內(送達之日計算在內)，將隨附的送

第 4A 章 - 《高等法院規則》 456

達認收書交回下文所述的高等法院登記處。

如你沒有在上述時限內交回送達認收書，原告人可不向你發出進一步通知而繼續進行訴訟。

本令狀於今天，即19.......年.......月.......日由高等法院登記處發出。

備註：─本令狀除非經由法庭命令予以續期，否則不得在發出日期起計12個公曆月之後送達。

重要事項

關於送達認收書的指示載於隨附的表格。

[第2頁背面]

原告人就下述事宜提出申索

---------------------------------------------------------------------------------------- 本令狀是由代表上述原告人的..........................................律師發出，其地

址 ........................................... ，而該原告人的地址則

為........................................

.............................................................................。

*[或凡原告人是親自起訴者

本令狀是由上述原告人發出，該原告人居

於..................................................

...........................................及(如原告人並非居於本司法管轄權範圍內)其送達

地址

為.....................................................................................

...................................。]

*方括號內字句如不適用請予刪去

(1998年第25號第2條)

表格2A

在本司法管轄權範圍外送達的在局限法律責任的

訴訟中發出的傳訊令狀通知書

(第75號命令第3(3)條規則)

[標題與訴訟相同]

致C.D.，其地址為

第 4A 章 - 《高等法院規則》 457

現通知你地址

為.............................................................................的A.B.已

在香港高等法院藉日期為19.........年.........月.........日的傳訊令狀而針對你C.D.開展一宗

訴訟，該令狀加有註明如下[抄錄關於申索的註明]，而除非你承認原告人的申索，否則你須在收到

本通知書的..................................天內(收到之日計算在內)，將隨附的送達認收書

交回高等法院登記處。

現又通知你，如你不在述明的時限內交回送達認收書，原告人可不向你發出進一步通知而繼續

進行該宗訴訟。

(簽署)A.B. ..............................................

或地址為的X.Y.

代表A.B.的律師事務所

重要事項

關於送達認收書的指示載於隨附的表格。

(1998年第25號第2條)

表格2B

在對物訴訟或局限法律責任的訴訟中的傳訊令狀送達認收書

(第75號命令第3(5)條規則)

關於送達認收書的指示

1. 隨附的送達認收書表格應由代表被告人行事的律師撕下及填寫，或如被告人是親自行事，

則應由被告人撕下及填寫。表格填妥後必須交付或以郵遞方式送交高等法院登記處，登記處地址

是：─

2. 如在對物訴訟中，令狀註有申索陳述書(即在背頁上端出現“申索陳述書”等字)，則必須

在對令狀作送達認收的時限後14天內將抗辯書送達。

如令狀並無註有申索陳述書，則直至申索陳述書送達被告人後14天為止，沒有將抗辯書送達的

必要。

如被告人沒有在適當時限內將抗辯書送達，則原告人可向法庭申請作出判被告人敗訴的判決，

如令狀所描述的財產是在法庭扣押之下，原告人並可向法庭申請作出將該財產出售的命令。

第 4A 章 - 《高等法院規則》 458

(1)

[第(1)頁背面]

填寫指引

1. 每一名被告人(如被告人多於一名)均須填寫一份送達認收書，並將之交回高等法院登記

處。

2. 為計算作送達認收的14天期限，面交送達被告人的令狀視作已在其交付被告人之日送達，

而以郵遞或投入被告人信箱的方式送達的令狀，則視作已在投寄或投入被告人信箱之日後第七天送

達。

3. 凡被告人是一間商號，且並沒有指示律師代為行事，表格必須由一名合夥人以其姓名或名

稱填寫，並須在其姓名或名稱之後加上“(................................)商號的合夥人”的

描述。

4. 凡被告人是以個人身分以其本身姓名以外的名稱營業而被起訴，表格必須由他填寫，並須

在其姓名之後加上“以(.............................)之名營業”的描述。

5. 凡被告人是一間有限公司，表格必須由律師或獲授權代該公司行事的人填寫，但該公司如

無律師代表行事，則不得在法律程序中採取進一步的步驟。

6. 凡被告人是未成年人或精神病人，表格必須由辯護監護人的代表律師填寫。

7. 親自行事的被告人可在高等法院登記處獲取協助填寫表格。

8. 本填寫指引只適用於比較普通的案件，親自行事的被告人如有困難應參閱上文第7段。

(2)

[標題與表格1或2相同，由原告人填寫]

在對物訴訟或局限法律責任的訴訟中的傳訊令狀送達認收書

如你擬指示律師代為行事，請立即將本表格交給他。

重要事項：填寫本表格前，請小心閱讀隨附

的指示及填寫指引。如錯誤提供任何所需資料或

該等資料有所遺漏，則本表格可能須予退回。

任何延遲可能會導致作出判被告人敗訴的判

決，而被告人或其代表律師可能須支付申請將

該判決作廢的訟費。此外，傳訊令狀所描述的

財產，如是在法庭扣押之下，則可藉法庭命令

而將之出售。

*方括號內字句如不

適用請予刪去 1. *[在對物訴訟中

按照傳訊令狀所述明者而述明親自或由他人代為對傳訊令狀作送達認收的被告

人的描述。]

*[在局限法律責任的訴訟中

第 4A 章 - 《高等法院規則》 459

(a) 如親自或由他人代為對令狀作送達認收的被告人的姓名或

名稱已在令狀中指出，述明其全名或全稱。如他是以有別於其本身姓名或名稱

的姓名或名稱而被起訴，則加上“以(傳訊令狀所述明的姓名或名稱)之名被起

訴”等字。

(b) 如親自或由他人代為對令狀作送達認收的被告人是令狀所

描述的某類別的人其中之一，則述明其全名或全稱。

被告人應視乎何者適用而填寫(a)或(b)，並將不適用者刪去。]

本人據此對令狀作送達認收

*(簽署)[律師]

[無律師代表的被告人]

送達地址

(3)

關於送達地址的備註

律師：凡被告人是由律師代表，述明該律師在香港的營業地點。

無律師代表的被告人：凡被告人是親自行事，被告人必須填上其居所，或如被告人並非居於香

港，則必須填上一個給予他的通訊所應送交的香港地址。如屬有限公司，“居所”(residence) 指

其註冊或主要辦事處。

[第(3)頁背面]

由原告人的代表律師(或親自起訴的原告人)填上的關於其姓名或名稱、地址及檔號(如有的話)

的註明。

(1998年第25號第2條；2008年第152號法律公告)

表格3

扣押令

(第75號命令第5(1)條規則)

(標題與訴訟相后( �/p>

第 4A 章 - 《高等法院規則》 460

致執達主任：

現規定你扣押 .............................................. 港口

的......................................

船舶(以及該船舶現時或最近所裝載的貨物，連同運送該等貨物所須付的運費)或(以及運送該船舶現

時或最近所裝載的貨物所須付的運費)，並對之加以穩妥扣押，直至你收到高等法院的進一步命令為

止。

原告人是就(抄錄自令狀)提出申索的

本令狀是由代表 ...........................................

的............................................

律師事務所取得。

執達主任就送達所作的註明 (1997年第313號法律公告；1998年第25號第2條)

表格4

請求發出扣押令的便箋

(第75號命令第5(4)條規則)

(標題與訴訟相同)

我們是代表原告人的 ................................... 律師事務所，地址

為...................

............................，現請求發出手令扣押(描述財產，如屬船舶，則提供其名稱)。

日期：19........年........月........日

(簽署).........................................

表格5

請求登錄針對扣押的知會備忘的便箋

(第75號命令第6條規則)

(描述財產，如屬船舶，則提供其名稱)

第 4A 章 - 《高等法院規則》 461

我們是地址

為.....................................................................................

............的

律師事務所，代表地址

為.....................................................................................

.....

的........................，現請求登錄針對扣押(描述財產，如屬船舶，則提供其名稱)的知會

備忘，並特此承諾在任何可能會在高等法院針對上述................................開展的訴

訟中登錄發出確認書或送達認收書(視乎何者適用而定)，並在收到關於該宗訴訟已經開展一事的通

知書後3天內，在該宗訴訟中提供保釋，款額不超逾.................元，或將該筆款項繳存法

院。我們同意在該宗訴訟中發出的傳訊令狀及該宗訴訟的任何其他文件可

在..............................留交我們。

日期：19........年........月........日

(簽署)...........................................

(1993年第99號法律公告；1998年第25號第2條)

表格6

請求由執達主任送達對物令狀的便箋

(第75號命令第8(3)條規則)

(標題與訴訟相同)

我們是代表原告人的 ........................ 律師事務所，地址

為..............................

.............................................................，現請求將隨本便箋留交的傳

訊令狀妥為送

達.....................................................................................

..................................。

日期：19........年........月........日

(簽署).........................................

表格7

第 4A 章 - 《高等法院規則》 462

發還書

(第75號命令第13(1)條規則)

(標題與訴訟相同)

致執達主任：

鑑於在本訴訟中曾規定你扣押............................，並對之加以穩妥扣押，直至你

收到高等法院的進一步命令為止，現特此規定你將上述................................發還，

使之免受扣押，該項扣押是憑藉在本訴訟中的手令而完成的。

由代表 ........................................

的.............................................律師事務所取得。

執達主任的註明

依據本文書，.....................................已於19........年........月........

日星期........發還，不再被扣押。

(簽署).........................................

執達主任

(1997年第313號法律公告；1998年第25號第2條)

表格8

請求發出發還書的便箋

(第75號命令第13(6)條規則)

(標題與訴訟相同)

我們是在此宗針對現時在扣押之下的(描述財產，如屬船舶，則提供其名稱)的訴訟中代表原告

人(或被告人)的.......................律師事務所，地址為..................，現請求就上

述........................................發出發還書。

日期：19........年........月........日

(簽署).........................................

表格9

第 4A 章 - 《高等法院規則》 463

請求登錄針對發還及付款的知會備忘的便箋

(第75號命令第14(1)條規則)

(描述財產，如屬船舶，則提供其名稱)

我們是地址

為.....................................................................................

......... 的 ............................. 律師事務所，代表地址

為 ......................................................................

的............................................，現請求登錄針對就現時在扣押之下的(描述財

產，如屬船舶，則提供其名稱)發出發還書的知會備忘，並如上述財產藉法庭命令而被出售，則登錄

針對將出售所得收益自法院支出的知會備忘。

擬登錄知會備忘的人聲稱在上述財產中有權益[約達$..........................，如已知的

話]，該權益是與[述明申索的性質，例如救助、碰撞、損害賠償等]有關的。

日期：19........年........月........日

(簽署).........................................

表格10

請求撤回知會備忘的便箋

(第75號命令第15(1)條規則)

(描述財產，如屬船舶，則提供其名稱)

我們是地址

為.....................................................................................

.............的

...........................................律師事務所，代表地址

為...............................................

.......................................................................................

.......的.................................，現請求撤回於19........年........月........

日為..................................................................

而登錄的知會備忘(述明知會備忘的性質)。

日期：19........年........月........日

(簽署).........................................

第 4A 章 - 《高等法院規則》 464

表格11

保釋的擔保契據

(第75號命令第16(1)條規則)

(標題與訴訟相同)

鑑於針對上述財產的本宗海事對物訴訟現正在最高法院待決，而上述訴訟的各方為上述原告人

及被告人：

故此我們，即地址

為.....................................................................................

...

的A.B.及地址

為.....................................................................................

....................

的C.D.，現特藉此契據共同及個別願受上述法院的司法管轄權管轄，並同意如他們，即上述被告人

(或原告人，如屬反申索的話)不支付在本訴訟中判定他們須支付的款項，連同訟費，或不支付由

於在本訴訟中承認任何法律責任而須由他們支付的任何款項，或不支付根據任何已送交上述法院存

檔的使本訴訟得以在判決前和解的協議而須由他們支付的任何款項，則可就未付的款額或一筆為

數....................元的款額(以較少者為準)，針對我們、我們的遺囑執行人或遺產管理人、

貨品及實產而發出執行程序文件。

A.B. (簽署).........................................

C.D. (簽署).........................................

本保釋的擔保契據由擔保人，即上述的A.B.及C.D.於19........年........月........日簽署。

在本人面前

監誓員

表格12

第 4A 章 - 《高等法院規則》 465

請求發出估價及出售的委任狀的便箋

(第75號命令第23(1)條規則)

(標題與訴訟相同)

我們是代表原告人(或被告人)的............................律師事務所，地址

為 ..................................................................................，

現請求發出法庭已於19........年........月........日命令將(描述財產，如屬船舶，則提供其名

稱)估價及出售的委任狀。

日期：19........年........月........日

(簽署).........................................

表格13

估價及出售的委任狀

(第75號命令第23(2)條規則)

(標題與訴訟相同)

致執達主任：

鑑於在本訴訟中法庭已命令將(描述財產，如屬船舶，則提供其名稱)估價及出售。

現特此授權並規定你選擇一名或多於一名有經驗的人，為他或他們進行宣誓以將上

述....................................按照其真正價值而估價，並在該價值經由他或他們以書

面核證後，安排將上述...........................................(藉私人協約)(公開拍賣)按

其所可取得的最高價格出售，但除非法庭應你的申請容許將之按較低的價格出售，否則該價格不得

低於經估價的價值。

現再規定你在出售完成時立即將出售所得收益繳存法院，並將你及估價人所簽署的估價證明

書，以及你所簽署的關於出售的帳目，連同本委任狀送交存檔。

由代表 ........................................

的.............................................律師事務所取得。

(1997年第313號法律公告)

第 4A 章 - 《高等法院規則》 466

表格14

發還書及管有令

(第75號命令)

(標題與訴訟相同)

致執達主任：

鑑於在本訴訟中法庭已命令將船舶(須述明其名稱)、其滑車索具、裝備及家具的管有交

付............................................................................或其律師

以供他使

用，...................................................................................

...................................。

現特此規定你將上述船舶，其滑車索具、裝備及家具發還，使之免受扣押，並將之交付上

述.................................................或其律師以供他使用。

由代表 .........................................

的...........................................律師事務所取得。

執達主任的註明

依據本手令，船舶.....................................................已於19........

年........月........日發還，不再被扣押。

(簽署).........................................

執達主任

收據

於 19........ 年 ........ 月 ........ 日從執達主任處收到船

舶......................................及船上所有屬於該船舶的物品。

(簽署).........................................

(1997年第313號法律公告)

表格15

第 4A 章 - 《高等法院規則》 467

關於擬申請扣押令的致領事館官員通知書

(第75號命令第5(7)條規則)

(標題與訴訟相同)

致(國家名稱)的領事館官員

(述明國籍)船舶(名稱)

現通知你，作為代表(原告人的姓名或名稱或描述，與令狀所載者相同)的律師事務所，我們已

於 19........ 年 ........ 月 ........ 日 ( 或我們擬 ) 在香港高等法院，針對上述船

舶............................................就(原告人的姓名或名稱或描述)所提出的(按令

狀所註明者而述明申索的性質)申索而提起法律程序，我們並擬向法庭申請將該船舶扣押。

日期：19........年........月........日

(簽署).............................................

代表原告人的律師事務所

(1998年第25號第2條)

附錄： C L.N. 380 of 1997; 25 of 1998

01/07/1997

附註：

具追溯力的適應化修訂─見1998年第25號第2條

表格5

命令執達主任傳喚被告人提供保證以交出財產的手令

(第44A號命令第8條規則)

19.......年訴訟第.......宗

香港高等法院，

原訟法庭

A.B. 原告人

及

C.D. 被告人

第 4A 章 - 《高等法院規則》 468

致上述法院的執達主任：

現規定你立即傳喚被告人C.D.，在19........年........月........日星期.........或之前，

提供一筆為數$..........................的款項作為保證，以在有要求時將其財產或其財產的價

值或其中足以應付任何可能會在本訴訟中針對他作出的判決的部分，交出及交由上述法院處置，或

在上述日期或之前，在上述法院席前出席，並提出他不應提供該項保證的因由；現再規定你，在並

無該項保證提供之時扣押上述被告人在香港境內的所有動產及不動產，直至上述法院有進一步的命

令為止。

於19.......年.......月.......日由上述法院的終審法院首席法官見證。

(簽署).........................................

司法常務官

備註：─本手令在執行後，須連同註於其上的關於執行日期及方式的備忘錄，立即交回登記

處。

(1997年第313號法律公告；1998年第25號第2條)

表格6及7

(由1989年第343號法律公告廢除)

附錄： D 專家證人的行為守則 L.N. 152 of 2008; L.N. 18 of 2009

02/04/2009

(第38號命令第35、37B及37C條規則)

守則的適用

1. 本行為守則適用於獲延聘為在法庭進行的法律程序的目的而提供或準備證據的專家。

對法庭的一般責任

2. 專家證人負有凌駕性的責任，就關乎其專長範圍的事宜公正無私及獨立地協助法庭。

3. 專家證人對法庭而非對延聘他或付費給他的人負有首要責任。

4. 專家證人並非某一方的訟辯人。

對法庭的責任的聲明

5. 除非專家證人的報告載有專家證人所作的下述聲明，否則該報告不得被接納為證據—

(a) 他已閱讀本行為守則，並同意受其約束；

第 4A 章 - 《高等法院規則》 469

(b) 他明白他對法庭所負的責任；及

6. 除非有關的專家證人已以書面作出(不論是在報告中作出或就有關的法律程序以其他方式作出)

下述聲明，否則其口頭形式的專家證據不得被接納—

(a) 他已閱讀本行為守則，並同意受其約束；

(b) 他明白他對法庭所負的責任；及

專家報告須予核實

7. 專家證人的報告必須按照《高等法院規則》(第4章，附屬法例A)第41A號命令，以屬實申述核

實。

專家報告的格式

8. 專家證人的報告必須(在報告正文或附件中)指明—

(a) 該人作為專家的資歷；

(b) 報告中的意見所基於的事實、事宜及假設(可將延聘指示的信件加入為附件)；

(d) (如適用的話)某個特定的問題或爭論點超出他的專長領域；

(e) 用以支持有關意見的任何文獻或其他材料；及

(f) 他所倚據的任何檢查、測試或其他調查，以及進行該等檢查、測試或調查的人的身

分，和該人的資歷的詳細資料。

9. 如擬備報告的專家證人相信，報告不附加限定性說明，便可能會不完整或不準確，則報告必須

述明該限定性說明。

10. 如專家證人認為，由於研究不足或資料不足或任何其他理由，他的意見並非定論性意見，則在

表達該意見時，必須述明此事。

11. 如專家證人在向延聘他的一方(或該方的法律代表)傳達一項意見後，改變他就一項關鍵性事宜

的意見，他須隨即向該方(或該方的法律代表) 提供一份表明此事的補充報告，該報告必須視乎適當

而載有第8(b)、(c)、(d)、(e)及(f)條所提述的資料。

專家會議

12. 專家證人須遵從法庭的任何下述指示—

(a) 與任何其他專家證人舉行會議；

(b) 致力就需要專家意見的關鍵性事宜達成協議；及

成協議的理由。

13. 專家證人須就上述會議及聯合報告行使其獨立、專業的判斷，並且不得按照要求不給予或避免

第 4A 章 - 《高等法院規則》 470

取得協議的延聘指示或請求而行事。

附註：—如任何人在或安排在以屬實申述核實的文件中作出虛假聲明或虛假陳述，而並非真誠地相

信其為屬實，則可針對他提起藐視法庭的法律程序。

(2008年第152號法律公告)

高等法院規則（第4A章），1988，香港 (特区)，中国

可用资料

高等法院規則（第4A章），1988， 香港 (特区)，中国

可用资料

高等法院規則（第4A章），1988，香港 (特区)，中国