SUPREME COURT SUITORS' FUNDS RULES

SUPREME COURT SUITORS' FUNDS RULES

SUPREME COURT SUITORS' FUNDS RULES

ARRANGEMENT OF RULES

Rule Page
PRELIMINARY

1. Citation ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... B 2
2. Interpretation ... ... ... ... ... ... ... ... ... ... ... ... ... ... B 2

LODGMENT OF FUNDS IN COURT

3...............Lodgment of funds ........... ... ... ... ... ... ... ... ... ... B 2

4......................Keeping of accounts and register ... ... ... ... ... ... ... B 3

5...................Annual statement of accounts ... ... ... ... ... ... ... ... ... B 3

6...............Shares and securities .... ... ... ... ... ... ... ... ... ... ... B 4

7. Principal money and dividend in respect of securities to be placed in books B 4

PAYMENT, DELIVERY AND TRANSFER OF FUNDS OUT OF COURT
AND OTHER DEALINGS WITH FUNDS

8........................Payment out of money lodged in court ... ... ... ... ... ... ... B 4

9.............................Ascertainment of sums by certificate of Registrar ... ... ... ... ... B 5

10............Payment of costs ............... ... ... ... ... ... ... ... ... ... B 5

11. Payment out, transfer, etc. of fund to personal representative of person

entitled to payment ...................... ... ... ... ... ... ... B 5

12. Order directing payment out, transfer etc. to describe person entitled to

payment etc. ............................. ... ... ... ... ... ... B 6

13..............................Order directing investment of money lodged in court ... ... ... ... B 6
14..............................Order directing other dealings with money lodged in court ... ... ... B 6

15..........................Carrying over of funds to separate account ... ... .... ... ... ... B 6

INVESTMENT OF FUNDS LODGED

16.....................Power of Registrar to invest funds ... ... ... ... ... ... ... ... B 6

17............Surplus income ............. ... ... ... ... ... ... ... ... ... B 7

18............................Cost of administrating Suitors' Funds Account ... ... ... ... ... B 7

EVIDENCE OF LIFE, ETC.
19............................Evidence by affidavit of life or fulfilment of condition ... ... ... ... B 7
20............................Evidence by affidavit or declaration of other matters ... ... ... ... ... B 8

MISCELLANEOUS
21............................Certificate of description and amount of funds B 8

22..........................Transcript of accounts in Registrar's books ... B 8

23........................Transfer of unclaimed moneys in court ...

.........................................B 8
24......................Application of English procedures ... ... B9







Schedule. Forms ........................... ... ... ... ... 0 B9








SUPREME COURT SUITORS' FUNDS RULES

(Cap. 4, section 57)

[11 May 1979.1

PRELIMINARY

1. These rules may be cited as the Supreme Court Suitors' Funds
Rules.

2. In these rules, unless the context otherwise requires

'Accountant' means the Judiciary Accountant;

$&court' means the Supreme Court;

'funds' or 'funds in court' means any money or securities, movable
property or any part thereof standing in or to be placed to the
Registrar's account and includes boxes and other effects;

'ledger credit means the title of the cause or matter and the separate
account (if any) opened or to be opened under an order or
otherwise in the books of the Registrar to which any funds are
credited or to be credited;

'lodge in court' means pay or transfer into court or deposit in court,
and 'lodgment in court' has a corresponding meaning;

'order' means an order of the court and includes a judgment or decree
and includes the schedule or schedules to an order;

'Registrar' means the Registrar of the court;

'title of the cause or matter' means the short title of the cause or matter
with reference to the record.

LODGMENT OF FUNDS IN COURT

3. (1) All funds to be lodged in court on any ledger credit shall,
unless required by any law to be dealt with in any particular way, be
lodged with the Registrar who shall give to the person making the
lodgment a receipt in respect thereof.

(2) When it is proposed to lodge in court any securities, movable
property, boxes or other effects, the Registrar may make such inspection
thereof as he thinks fit, before giving to the person making the lodgment
a receipt in respect thereof.

(3) Every receipt given in respect of any lodgment shall be headed
with the title of the cause or matter and the title of the ledger account to
which the lodgment is referable and shall contain adequate particulars
as to such lodgment and shall be as nearly as may be in Form 1 in the
Schedule.





(4) Where money is lodged in satisfaction or part satisfaction of
any claim either with or without defence setting up tender or denying
liability or where the same is lodged to security for costs or under or on
account of any judgment or order, the receipt shall contain a statement
of such of the following circumstances as are applicable

(a)paid in on behalf of defendant in satisfaction of claim of the
above-named (name of party);

(b) paid in on behalf of defendant against claim of the above-
named (name of party) with defence setting up tender;

(c)paid in on behalf of defendant against claim of the abovenamed
(name of party) with defence denying liability;

(d) paid in under order dated theday of 19

(e)paid in to security for costs account on behalf of (name of
party);

paid in on account of the judgment or order obtained by

name of party).



(5) here the funds lodged are money the Registrar shall pay the
same to an account to be called the 'Supreme Court Suitors' Funds
Account- at such bank as the Director of Accounting Services shall
direct.

4. (1) The Registrar shall-

(a)keep appropriate ledger accounts to which all funds lodged in
court which are money or securities shall be credited and any
such funds withdrawn or transferred therefrom shall be debited
to such accounts;

(b)enter into such accounts in an appropriate manner the
investment of any such funds lodged in court; and

(c)enter into such accounts in an appropriate manner any dealing,
other than by way of lodgment, withdrawal, transfer or
investment, of such funds as the circumstances of the case
require.

(2) The Registrar shall-

(a)keep a register of all funds lodged in court which are not money
or securities;

(b)enter in the register any lodgment, withdrawal, transfer or other
dealings of such funds; and

(c)for each entry in the register make a memorandum in the
appropriate manner in the ledger accounts.

5. (1) The Registrar shall cause to be prepared for every period of
12 months ending on 31 March in each year a statement of the accounts
kept under rule 4(1) which statement shall

(a)include'a receipts and payments account and a statement of
assets and liabilities; and





(b) be signed by the Registrar.

(2) The accounts and register kept under rule 4 and the state-
ment prepared under paragraph (1) of this rule shall be audited by
the Director of Audit who shall, subject to such report as he thinks
fit, certify the statement.

6. (1) All kinds of securities may be lodged in court.

(2) Shares and securities issued by companies or corporations
constituted under the laws of Hong Kong, such shares being fully
paid up and free from all liability, may be transferred to the Registrar
by his name of office.

(3) Other shares and securities may be placed in a box or
packet and lodged with the Registrar, who shall, before taking
custody of such box or packet, ensure that it is properly marked
and secured and shall inspect the contents thereof in the presence
of the person lodging the same.

(4) When shares or securities are to be transferred into the
name of the Registrar, the person lodging such shares or securities
shall-
(a)execute a transfer thereof and shall obtain from the Regis-
trar an authority which shall be as nearly as may be in
Form 2 in the Schedule; and
(b)lodge such transfer together with the authority at the office
of the company or corporation in whose books the securities
are to be transferred.

(5) A company or corporation at the office of which a transfer
and authority under paragraph (4) has been lodged shall, after
registering such transfer, forward to the Registrar a certificate that
the securities have been transferred as authorized, which certificate
shall be as nearly as may be in Form 3 in the Schedule.

(6) On receiving a certificate under paragraph (5) the Registrar
shall give to the person making the lodgment his receipt in respect
thereof.

7. Any principal money or dividends received by the Registrar
in respect of securities lodged in court shall be placed in his books,
in the case of principal money to the credit to which the securities
whereon such money arose were standing at the time of the receipt
thereof, and in the case of dividends to the credit to which the
securities whereon such dividends accrued were standing at the time
of closing of the transfer books of such securities previously to the
dividends becoming due.

PAYMENT, DELIVERY AND TRANSFER OF FUNDS OUT OF COURT
AND OTHER DEALINGS WITH FUNDS

8. (1) Any money lodged in court may be paid out-
(a) if the amount does not exceed $250, in cash or by cheque;





(b) if the amount exceeds $250, by cheque; or

(c)in respect of any amount, by payments made by the transfer of
funds from the bank account of the court,

and any cheque or instructions to the bank for a transfer of funds shall
be signed by the Registrar and A and Accountant or. Such other officer

or officers as may from time to time be authorized in writing by the
Registrar.

(2) Payment out shall be made at the Supreme Court on weekdays,
except Saturdays and general holidays, between the hours of 10.00 a.m.
and 1.00 p.m., and between the hours of 2.00 p.m. and 4.00 p.m.

9. When an order directs any sums to be ascertained by the
certificate of the Registrar and to be afterwards paid in accordance
therewith, such certificate shall be as nearly as may be in Form 4 in the
Schedule and the Registrar shall on the request of the persons entitled
to payment pay such sum in accordance with rule 8.

10. When an order directs payment out of a fund in court of any
costs directed to be taxed, the Registrar shall

(a)state in his certificate the name and address of the person to
whom such costs are payable, which certificate shall be as
nearly as may be in Form 5 in the Schedule; and

(b)on the request of the persons entitled to payment, pay such
sum in accordance with rule 8.

11. (1) When funds in court are by an order directed to be paid,
transferred or delivered to any person named or described in an order or
in a certificate of the Registrar (except to a person therein expressed to
be entitled to such funds as trustee, executor or administrator, or
otherwise than in his own right or for his own use), such funds or any
portion thereof for the time being remaining unpaid or untransferred or
undelivered may, unless the order otherwise directs, on proof of the
death of such person whether on or after the date of such order or in the
case of payment directed to be made to a creditor as such before the
date of such order, be paid or transferred or delivered to the legal
personal representatives of such deceased person or to the survivors of
them.

(2) If no administration has been taken out to such deceased
person who has died intestate and whose assets do not exceed the
value of $5,000 including the amount of the funds directed to be so paid,
transferred or delivered to him, such funds may be paid, transferred or
delivered to the person who being widow, child, father, mother, brother
or sister of the deceased would be entitled to take out administration to
his estate upon a declaration by such person in Form 6 in the Schedule.

(3) When funds in court are by an order directed to be paid,
transferred or delivered to any persons as legal personal
representatives, such funds or any portion thereof for the time being





remaining unpaid, untransferred or undelivered may, upon proof of the
death of any of such representatives, whether on or after the date of
such order be paid, transferred or delivered to the survivors of them.

(4) No funds shall under this rule be paid, transferred or delivered
out of court to the legal personal representatives of any person under
any probate or letters of administration purporting to be granted at any
time subsequent to the expiration of 2 years from the date of the order
directing such payment, transfer or delivery, or in case such funds
consist of interest or dividends, from the date of the last receipt of such
interest or dividends under such order.

12. (1) Every order. which directs funds in court to be paid,
transferred or delivered out shall set forth in full the name of every
person to whom such payment, transfer or delivery is to be made unless
the name is to be stated in a certificate of the Registrar and in the case of
payment to a firm, it shall be sufficient to state the business name of
such firm.

(2) When money in court is by an order directed to be paid to any
persons described in the order or in a certificate of the Registrar as co-
partners, such money may be paid to any one or more of such co-
partners or to the survivor of them.

13. (1) When money lodged in court is by an order directed to be
invested, the party having the carriage of the order shall lodge with the
Registrar a request in writing for the investment to be effected and the
Registrar shall thereupon procure the investment of such money in the
manner directed by the order.

(2) An order directing investment of money lodged in court shall
set forth the name or the name of the office of the person in whose name
such money is directed to be invested.

14. When money in court is by an order directed to be dealt with
otherwise than by lodgment, withdrawal, transfer or investment, the
party having the carriage of the order shall lodge with the Registrar a
request in writing for the money to be dealt with in the terms of the
order, and the Registrar shall thereupon act in accordance with such
order.

15. When funds in court are ordered to be carried over to a separate
account, the title of the ledger credit to be opened for the purpose shall
commence with the title of the cause or matter to which such funds are
standing.

INVESTMENT OF FUNDS
LODGED

16. (1) The Registrar may, unless an order directs otherwise, invest
any money lodged in court on any ledger credit in such manner as he
thinks fit and may vary at any time such investments.





(2) Subject to paragraph (3), if the Registrar invests any money
lodged in court on any ledger credit, any dividend or interest received
on such investments, or any principal money received in respect
thereof, by the Registrar shall be

(a) paid into the Supreme Court Suitors' Funds Account; and

(b)placed in his books to the credit of the account in which the
investments were standing when the dividend or interest
became due or when the principal money was received.

(3) Unless an order directs otherwise, no interest shall be credited
to any money lodged in court on any ledger credit if

(a)such money is paid in court as security for costs or by way of
satisfaction or amends or in compliance with an order giving
leave to defend upon such payments;

(b) the amount is less than $2,500;

(c) such money is paid in court as watchmen's fees;

(d) such money is paid in court as the proceeds of sale;

(e)such money is paid in court by way of satisfaction of a
judgment debt;

such money is paid in court in compliance with an order made
under the Matrimonial Causes Ordinance, the Matrimonial
Proceedings and Property Ordinance or the Separation and
Maintenance Orders Ordinance;

(g) such money is paid in court in respect of bail; or

(h)such money is paid in court in any Admiralty proceedings
under Order 75 of the Rules of the Supreme Court.

(4) Interest on any money lodged in court shall not be computed
on a fraction of one dollar.

(5) The Registrar shall not be required to apportion any amount of
interest payable on money lodged in court on any ledger credit.

17. The Registrar shall pay into the Treasury as soon as is
practicable after the end of each financial year any sum standing in the
Supreme Court Suitors' Funds Account over and above the amounts
required by these rules to be credited to the various accounts, and such
sum shall be transferred into the general revenue of Hong Kong.

18. The cost of administrating the various accounts required to be
kept under these rules shall be defrayed out of the general revenue of
Hong Kong.

EVIDENCE OF LIFE, ETC.

19. Where any person is entitled under an order to receive
dividends or other periodical payments and the Registrar requires
evidence of life or of the fulfilment of any conditions affecting such
payments, such evidence shall be furnished by affidavit.





20. When, in carrying into effect the directions of an order,
evidence is required by the Registrar for any purposes other than those
included in rule 19, he may receive and act upon an affidavit or upon a
statutory declaration, and every such affidavit or statutory declaration
shall be filed in court when the Registrar shall consider it necessary.

MISCELLANEOUS

21. (1) The Registrar, upon a request signed by or on behalf of a
person claiming to be interested in any funds in court standing to the
credit of any account specified in such request, shall, unless there is
good reason for refusing, issue a certificate of the amount and
description of such funds, and such certificate shall have reference to
the morning of the day of the date thereof and shall not include the
transactions of that day.

(2) The Registrar shall notify on a certificate issued under
paragraph (1)

(a)the dates of any changing order affecting or of any order
restraining the transfer, sale, payment. delivery out or other
dealing with the funds in court to the credit of the account
specified in the certificate, in respect of which order he has
received notice;

(b)whether such charging or restraining order affects principal or
interest;

(c)the names of the persons to whom notice is to be given or in
whose favour such charging or restraining order has been
made.

(3) The Registrar may redate any certificate issued under paragraph
(1) if no alteration in the amount or description of funds has been made
since the issue of the certificate.

22. Upon a request signed by or on behalf of a person claiming to
be interested in funds in court, the Registrar shall, unless there is good
reason for refusing

(a)issue a transcript of the account in his books specified in such
request; and

(b)supply such other information or issue such certificates with
respect to any transactions or dealings with funds in court as
may from time to time be required in any particular case.

23. (1) When any sum of money remains unclaimed in the court for
a period of 5 years, the Chief Justice may, on application by the
Registrar of the Supreme Court, order such sum to be transferred to the
general revenue of Hong Kong.

(2) Before making any such order under subsection (1) the Chief
Justice may direct that such notice, if any, as he thinks necessary shall
be given and to such parties as he may think fit.





24. In any case not provided for by these rules, the practice of the
Paymaster General's Office for business of the Supreme Court of
Judicature in England may be followed as nearly as the circumstances of
the case will admit.

SCHEDULE

FORM 1 [rule 3(3).]

Receipt

IN THE SUPREME COURT OF HONG KONG

(Title of cause or matter. No. of 19
Ledger account
(if the same as the cause, state as above)

Received from the sum of

[or the following securities or a
packet
markedpurporting to contain (here insert list
of
contents), or the following movable property (here insert particulars)].

(Signature) ....................................
Registrar.

Dated this day of 19

FORM 2 [rule
6(4).]

Authority to company to register transfer

IN THE SUPREME COURT OF HONG KONG

(Title of cause or matter. No. of 19
Ledger account
(if the same as the cause, state as above)

TO Limited,
Hong Kong.

Please register transfer of shares Nos. from

to the Registrar of the Supreme Court.

(Signature) ....................................
Registrar.

Dated this day of '19

FORM 3 [rule
6(5).]

Certificate of registration of shares

The above-mentioned shares have this day been transferred to the Registrar
of the Supreme Court as authorized.

(Signature)

Secretary of







Ltd.

Dated this day of '19





FORM 4 [rule g.]

Certificate of ascertained sup=

IN THE SUPREME COURT OF HONG KONG

(Title of cause or matter. No. of 19
Ledger account
(if the same as the cause, state as above)

I hereby certify that under order dated

19 the sums stated in the schedule

subjoined hereto amounting in the whole to
have been ascertained, to be the sums payable under the said order to the persons
respectively named in respect of (state in what character paid).

Dated this day of '19

(Signature) ....................................

Registrar.

SCHEDULE

Name Address Amount
(if ascertained) to be paid

FORM 5 [rule 10.1
Certificate of taxed costs

IN THE SUPREME COURT OF HONG KONG

(Title of cause or matter. No. of 19
Ledger account
(if the same as the cause, state as above)

In pursuance of an order dated
19 1 have been attended by the solicitors for
and 1 certify that I have taxed the
costs specified in the schedule subjoined hereto directed to be taxed by the order
at the sums respectively stated in the schedule, which sums with the fees of
taxation specified amount to the total sum of

Dated this day of '19

(Signature) ....................................

Registrar.

SCHEDULE

Payable to Amount of
Cost of taxed costs
Address Name and fees

Total





FORM 6 [rule 11(2).]

Declaration

IN THE SUPREME COURT OF HONG KONG

(Title of cause or matter. No. of 19
Ledger account
(if the same as the cause, state as above)

I (name and address of applicant) solemnly and sincerely declare that I am
the (degree of relationship) and next or one of the next of kin of (name of
deceased)
and that I am entitled to take out administration to his estate and to receive
the sum of directed to be paid to him by the order
dated the '19

And I further declare that the total value of the assets of the deceased
including the above sum does not exceed $5,000, and 1 certify that the death-bed
and funeral expenses of the deceased have been paid: And 1 make this solemn
declaration conscientiously believing the same to be true and by virtue of the
provisions of the Oaths and Declarations Ordinance.

(Signature of
applicant)

Declared at

Before me this day of 19

(Signature) ....................................
Justice, notary public,
or other authorized officer.
L.N. 124/79. Citation. Interpretation. Lodgment of funds. Schedule, Form 1. Keeping of accounts and register. Annual statement of accounts. Shares and securities. Schedule, Form 2. Schedule, Form 3. Principal money and dividend in respect of securities to be placed in books. Payment out of money lodged in court. Ascertainment of sums by certificate of Registrar. Schedule, Form 4. Payment of costs. Schedule, Form 5. Payment out, transfer, etc. of fund to personal representative of person entitled to payment. Schedule, Form 6. Order directing payment out, transfer etc. to describe person entitled to payment etc. Order directing investment of money lodged in court. Order directing other dealings with money lodged in court. Carrying over of funds to separate account. Power of Registrar to invest funds. (Cap. 179.) (Cap. 192.) (Cap. 16.) (Cap. 4, sub. leg.) Surplus income. Cost of administrating Suitors' Funds Account. Evidence by affidavit of life or fulfilment of condition. Evidence by affidavit or declaration of other matters. Certificate of description and amount of funds. Transcript of accounts in Registrar's books. Transfer of unclaimed moneys in court. Application of English procedures.

L.N. 124/79. Citation. Interpretation. Lodgment of funds. Schedule, Form 1. Keeping of accounts and register. Annual statement of accounts. Shares and securities. Schedule, Form 2. Schedule, Form 3. Principal money and dividend in respect of securities to be placed in books. Payment out of money lodged in court. Ascertainment of sums by certificate of Registrar. Schedule, Form 4. Payment of costs. Schedule, Form 5. Payment out, transfer, etc. of fund to personal representative of person entitled to payment. Schedule, Form 6. Order directing payment out, transfer etc. to describe person entitled to payment etc. Order directing investment of money lodged in court. Order directing other dealings with money lodged in court. Carrying over of funds to separate account. Power of Registrar to invest funds. (Cap. 179.) (Cap. 192.) (Cap. 16.) (Cap. 4, sub. leg.) Surplus income. Cost of administrating Suitors' Funds Account. Evidence by affidavit of life or fulfilment of condition. Evidence by affidavit or declaration of other matters. Certificate of description and amount of funds. Transcript of accounts in Registrar's books. Transfer of unclaimed moneys in court. Application of English procedures.

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