DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES

DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES

DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES

ARRANGEMENT OF RULES

Rule ....................................Page

PART I

CITATION AND
INTERPRETATION

1. Citation..................................... ... ... ... ... ... ... ... ... A 5

2. Interpretation................... ... ... ... ... ... ... ... ... ... ... A 5

PART II

VENUE AND
TRANSFER

3. Venue .................................... ... ... ... ... ... ... ... ... A 5

4. Registries ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 5
5. Provisions relating to jurisdiction ... ... ... ... ... ... ... ... ... ... ... A 6
6. Defendants in different districts ... ... ... ... ... ... ... ... ... ... ... A 6
7. Continuance and transfer of actions ... ... ... ... ... ... ... ... ... ... A 6
8. Jurisdiction of districts in process ... ... ... ... ... ... ... ... ... ... .... A 7

PART III

GENERAL RULES OF PRACTICE AND
PROCEDURE

Application of Rules of the Supreme Court and of
English
practice andprocedure

9. Application of Rules of the Supreme Court to the Court ... ... ... ... ... ... A 7

10. Limited application of English rules ... ... ... ... . .

.. .......... ... ... A 7

Register of Civil Actions

11...........Form of register .................. ... ... ... ... ... ... ... ... A 7

Commencement of proceedings

12. Commencement of proceedings ... ... ... ... ... ... ... ... ... ... ... A 8

Endorsements of writs

13. No specially endorsed writ procedure ... ... ... ... ... ... ... ... ... ... A 8
14. Endorsement for fixed costs ... ... ... ... ... ... ... ... ... ... ... ... A 8
15. Endorsement in money-lender's action ... ... ... ... ... ... ... ... ... ... A 9


16. Endorsement for account ... ... ... ... ... ... ... ... ... ... ... ... ... A 9

Service

17. Service on infants ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 10
18. Service of proceedings for recovery of immovable property ... ... ... ... ... A10






19. Order for substituted service ... ... ... ... ... ... ... ... ... ... ... ... A 10





Rule Page

Service on defendant

20..........Service of writ ................... ... ... ... ... ... ... ... ... ... ... A10

Defence and counterclaim

21................................Defendant to deliver defence or counterclaim if claim disputed ... ... ... ... A 11

Judgment in default of defence and upon admission

22...................Judgment in default of defence ... ... ... ... ... ... ... ... ... ... A 11
23...................Admission and request for time ... ... ... ... ... ... ... ... ... ... A 13

Date of hearing

24............................Registrar to fix hearing date when defence etc. filed ... ... ... ... ... ... A 13

Framing of issues

25............Framing of issues ............... ... ... ... ... ... ... ... ... ... ... A 14

26.................Procedure for framing issues ... ... ... ... .... ... ... ... ... ... ... A 14

Summaryjudgment, trial, etc.

27............Summary judgment ............. ... ... ... ... ... ... ... ... ... ... A 15
28. Summary judgment for part of a claim A 15

29..........Date of trial .................. ... ... ... ... ... ... ... ... ... ... A15

30..............Notice of special defence ..... ... ... ... ... ... ... A 16

Want ofprosecution

31.........................Action to be struck out in certain circumstances ... ... ... ... ... ... ... A 16-

Infants

32...................Actions by.and against infants ... ... ... ... .... ... ... ... ... ... A 16

Thirdparty procedure

33. Third party notice ... ... ... ... . ... ... ... ... ... ... ... ... ... A 16

Pleadings

34. Pleadings necessary only when ordered ... ... ... ... ... ... ... ... ... ... A 17
35. Filing of pleadings ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 17
36. Pleading of conviction, etc . ... ... ... ... ... ... ... ... ... ... ... ... A 17
37. Pleadings to follow Rules of Supreme Court ... ... ... ... ... ... ... ... ... A18
38. Extension of time for filing of pleadings ... ... ... ... ... ... ... ... ... ... A 18
38A. Further particulars and amendment of pleadings ... ... ... ... ... ... ... ... A 18
38B. Dispensing with filing and service of amended pleading ... ... ... ... ... ... A 19





Rule Page
General

38C. Signature of documents in case of corporations ... ... ... ... ... ... ... A 19
38D. Solicitor on the record ... ... ... ... ... ... ... ... ... ... ... ... ... A 19
38E. Mode of service ....................... ... ... ... ... ... ... ... ... ... A 19

Discovery of documents

39. Informal order for discovery ... ... ... ... ... ... ... ... ... ... ... ... A 20

Inspection of documents

40................Informal order for inspection ... ... ... ... ... ... ... ... ... ... ... A 20

Interlocutory proceedings

41................Informal applications, etc. ... ... ... ... ... ... ... . ... ... ... A 20
42........[Revoked] ............................. ... ... ... ... ... ... ... ... A 21

Postponement of trial, withdrawal of claim and directions

43.....................Summons to postpone not necessary ... ... ... ... ... ... ... ... ... A 21
44..............Withdrawal of claim, etc . ... ... ... ... ... ... ... ... ... ... ... ... A 21
44A. Directions and summary judgment ............ ... ... ... ... ... ... ... A 21

Trial

45........[Revoked] ............................. ... ... ... ... ... ... ... ... A 21
46............Notes of evidence ................. ... ... ... ... ... ... ... ... ... A 21
47............Objection to evidence ....... ... ... ... ... ... ... ... ... ... ... ... A 22
48.......................Production and endorsement of documents ... ... ... ... ... ... ... ... A 22

Adjournments

49. Adjournment on terms.......... ... ... ... ... ... ... ... ... ... ... ... A 22

Evidence

50.....................No letters of request, etc., in the Court ... ... ... ... ... ... ... A 22
51.......................Documents produced from proper custody ... ... ... ... ... ... ... ... A 22
52..............................No procedure for obtaining evidence for foreign tribunal ... ... ... ... ... A 22
53. Admissibility of shop-books, etc . A 22
54.........................Bank accounts, etc., to be primafacie evidence ... ... ... ... ... ... ... A 23
55.....................Delivery by transport contractors, etc . ... ... ... ... ... ... ... ... ... A23
56..............Certified translations ..... ... ... ... ... ... ... ... ... ... ... ... A23
57..............Office copies .............. ... ... ... ... ... ... ... ... ... A 23
58. Landlord and Tenant (Consolidation) Ordinance; building plans, etc . ... ... ... . A24





Rule.......................................... Page
Injunctions

59. Application for an injunction and damages in lieu ... ... ... ... A25

Ordersfor instalments, etc.

60. Order for payment by instalments A25
61. New order for earlier payment on application of judgment creditor ... ... ... A25

Enforcement of orders

61 A. Enforcement of order for payment of money, etc. ... ... ... ... ... A 26
61 B. Judgment summons: general provisions .... ... ... ... ... ... ... ... ... A 26
61C. Special provisions as to judgment summons ... ... A27

Applications relating to children

61 D. Further provisions as to orders for supervision or care of a child ... ... ... ... A 29
61 E. Removal of child out of Hong Kong, etc. ... ... ... ... ... ... ... ... A 29
61 F. Reference -to the Director of Social Welfare ... ... ... ... ... ... ... ... ... A 29
61 G. Statement of other proceedings on application relating to child ... ... ... A 29

Action by employeesfor wages

62. Judgment to record separate findings in action in which persons unite as
plaintiffs A 30

Actionfor recovery of land

63.......................................In action for recovery of land, person not named as defendant may appear ... A 30
64. Summary proceedings for possession of land A 30
65-68.....[Revoked] .............................. ... ... ... ... ... ... ... ... A 31

Commissioners for oaths

69........................Registrar authorized to administer oaths ... ... ... ... ... ... ... A 31

Forms

A 31
70. Adoption of form in Rules of the Supreme Court .. ... ... ... ... ... ...

PART IV

MISCELLANEOUS

71. Application to the Crown ... ... ... ... ... ... ... ... ... ... ... ... A 32

Schedule. Rules of the Supreme Court Inapplicable to the District Court ... ... ... ... A 32





DISTRICT COURT CIVIL PROCEDURE (GENERAL)
RULES

(Cap. 336, section 72)

[1 July 1963.]

PART I

CITATION AND INTERPRETATION

1. These rules may be cited as the District Court Civil
Procedure (General) Rules.

2. (1) In these rules, unless the context otherwise requires-

'Court' means the District Court and any judge of the Court sitting
in court or in chambers;

'district' means a district established by rule 3;

'district registry' means a registry established by rule 4(2).

(2) Any word or expression which is not defined in the
Ordinance or in these rules shall have the meaning assigned to it by
the Rules of the Supreme Court.

PART II

VENUE AND TRANSFER

3. (1) For the purpose of venue in civil proceedings in the
Court, the Colony shall be divided into districts.

(2) The boundaries, extent and name of each district shall be
determined respectively from time to time by the Chief Justice and
delineated on a map or plan signed for identification by him and
lodged with the Registrar.

1 (3) A copy of the map or plan for the time being in force and
lodged with the Registrar in accordance with paragraph (2) shall at
all times be posted in a conspicuous place to which the public have
access at each registry provided in rule 4.

14. (1) The court sitting in a district established by rule 3 shall
be known and referred to by the name of that district.

(2) There shall be a district registry attached to the court
sitting in each district which registry shall be known and referred to
by the name of that district.





5. (1) An action in relation to any immovable property for
ascertaining the title, ownership, user or right to possession thereof, or
in relation to any mortgage or charge thereon, or to any interest of any
other nature therein, or for damages for any injury thereto, or for any
equitable remedy in respect thereof or restraint on the user of the same,
shall be commenced in the district in which the property is situate.

(2) An action in relation to any personal property distrained on or
seized shall be commenced in the district in which the process was
issued.

(3) Any other action shall be commenced in the district in which
the defendant has his principal place of business, if any, or if he is not
carrying on business, in the district in which he resides, or if he has
neither place of business nor residence in the Colony, then in the
district in which the cause of action arose.

(4) Notwithstanding anything in this rule, the Registrar may,

in his absolute discretion, permit any action which by this rule
should be commenced in the Kowoloon District to be commenced in
the Fanling District or may permit any action which by this rule
should be commenced in the Fanling District to be commenced in the
Kowloon District.

(5) For the purpose of this rule, an action shall be deemed to
commence when the writ of summons therein has been sealed in the
appropriate district registry.

6. If in any case governed by rule 5(3) there are in an action
originally or by joinder defendants residing in or' carrying on business
in different districts the action may, subject to any direction by the
Court, be commenced or continue in any such district.

7. (1) All proceedings in an action shall continue in the district in
which the action is commenced and such action may be heard and
determined therein unless and until an effective order be made to
transfer the action to the Court sitting in another district or to the High
Court.

(2) Subject to any directions which may be given in that behalf by
the Chief Justice, a judge may, for securing the more convenient or
expeditious disposal of any action or matter pending in a district in
which he is for the time being sitting, order that such action or matter or
any proceeding therein be transferred to another district; any such
order may be made at any stage by the judge of his own motion or on
the application of any party on such grounds relating either to the
particular circumstances of the action or matter or to the state of the
lists generally in each district as the judge may think fit.

(3) Where a judge makes an order of transfer to another district
of his own motion there shall be no appeal from such order,





but where such an order is made on the application of any party an
appeal shall lie in accordance with the provisions for the time being
applicable to proceedings in the Court.

(4) In any case in which an action has been commenced in the
district other than that in which it ought to have been commenced,
the judge may if he considers it just direct that the case be tried in the
district in which he is for the time being sitting or may order it to be
transferred to any other district.

8. (1) Notwithstanding anything contained in these rules,
the Court sitting in each district shall in relation to process have
jurisdiction in any district.

(2) All process of the Court shall, irrespective of the district
in which the action in which it arises is proceeding, be enforced by
the Court sitting in the district where the process is to be served,
delivered, executed, or otherwise carried out.

PART III

GENERAL RULES OF PRACTICE AND PROCEDURE

Application of Rules of the Supreme Court and of English
practice andprocedure

9. (1) Subject to the provisions of the Ordinance and of
these rules, the Rules of the Supreme Court as for the time being
enacted and save as it therein may otherwise be provided shall apply
to proceedings in the Court as they apply to proceedings in the High
Court with such modifications as are necessary for that purpose.

(2) Those parts of the Rules of the Supreme Court which are
listed in the Schedule shall not apply to the Court or to any
proceedings in the Court.

10. Subject to the provisions of the Ordinance, in all cases with
respect to which no provision is made in these rules or in the Rules of
the Supreme Court in their application to the Court, the practice and
procedure for the time being in force in respect of county courts in
England shall be deemed to be in force in the Court subject to the
applicability thereof and with such modifications as the circum-
stances may require.

Register of Civil Actions

11. (1) The Registrar shall cause to be kept, in respect of each
district of the Court, a register to be called the 'Register of Civil
Actions' in the form heretofore adopted, or in such form as the
Chief Justice may from time to time direct, and shall cause each such
register to be maintained by proper entries therein in relation to all
actions and proceedings in the Court.





(2) Every action or proceeding in each district shall be numbered in
each year according to the order in which the same is commenced.

Commencement ofproceedings

12. (1) Subject to the provisions of these rules, and to the
provisions of any other enactment, every proceeding in the Court shall
be commenced by a writ.

(2) Every writ shall state or have endorsed thereon-

(a)particulars of the plaintiff's claim, specifying the cause of
action and the pecuniary or other claim which he seeks to
establish or the-relief or remedy which he seeks;

(b)where the plaintiff abandons the excess of his claim under
section 34 of the Ordinance, the fact of such abandonmen t;

(c)a notification to the defendant that in default of his filing a
defence or counterclaim within 8 days of its service upon
him, judgment may be obtained against him and enforced
without further notice;

(d)such other particulars or notification as may be prescribed or
as may from time to time be required by any direction given by
the Chief Justice.

(3) Every writ shall be signed by the plaintiff or his solicitor or
counsel and shall set out the full postal address.of the plaintiff and,
where it is signedby his solicitor or counsel, the full postal address of
the solicitor for the plaintiff.

Endorsements of writs

13. No writ specially endorsed with a statement of tlie claim made
by the plaintiff, or of the remedy or relief to which he claims to be
entitled, for the purpose of obtaining summary judgment thereon, shall
issue in the Court, and no provision of the Rules of the Supreme Court
relating to specially endorsed writs shall apply to the Court except in so
far as any such provision is specially enacted in these rules.

14. (1) Where the plaintifT's claim is for a debt or liquidated demand
only, the writ, in addition to stating in the particulars of claim the nature
of the claim, the amount claimed for debt or in respect of such demand,
and, for any interest thereon payable by law or under any contract,
express or implied, shall be endorsed with a statement that, on payment
thereof and of the amount of the fixed costs allowed by the District
Court Civil Procedure (Costs) Rules, within 8 days after service or, in the
case of a writ not for service within the jurisdiction, within the time
allowed for appearance, further proceedings will be stayed and.the
defendant will not be liable for further costs.





(2) Where the plaintiff's claim is for recovery of immovable
property, the writ, in addition to stating in the particulars of claim
the grounds upon which the claim is made and the arrears of rent
claimed, if any, and the rate at which and period in respect of which
mesne profits are claimed, shall be endorsed with a statement that,
on the defendant giving up possession of the property to the plaintiff
and paying the arrears of rent, if any, and the mesne profits up to the
date on which possession is given up as aforesaid and the amount of
the fixed costs allowed by the District Court Civil Procedure (Costs)
Rules, within the period mentioned in parAgraph (1), further pro-
ceedings will be stayed and the defendant will not be liable for
further costs.

15. Where an action for the recovery of money lent by a
money-lender or for the enforcement of any agreement or security
relating to any such money is brought by the lender or by an
assignee of the lender, the particulars of claim shall state, in addition
to any other particulars-

(a)that at the time of making the loan or contract the plaintiff
or, in an action by an assignee, the original assignor
was a registered money-lender under the Money Lenders
Ordinance;

(b)the date on which the loan was made, or where the
action is brought on an agreement or security given in
consideration of the renewal of former loans, the date on
which each such loan was made;

(c) the amount actually lent to the borrower;

(d)the rate of interest expressed as a percentage per annum
charged on the amount actually lent;

(e)the amounts paid by way of interest and the periods
in respect of which and the dates on which each such
payment was made;

the amount of principal repaid and the date or dates of
payment;

(g)every other amount paid by the borrower to the lender in
respect of the loan or loans as the case may be, whether as
a premium or otherwise;

(h) the amount of principal due and unpaid; and

(i) the amount of interest due and unpaid.

16. Where the plaintiff in the first instance desires to have an
account taken and no amount is claimed in the particulars the
plaintiff shall be deemed to claim an amount equal to the maximum
amount with respect to which the Court has jurisdiction in contract
for the time being.





Service

17. (1) No special mode of service shall be required, as of course,
with respect to a party who is an infant, but whenever it appears to the
Court that any party served or to be served with a writ or other process
in any proceedings is an infant of such tender years as to be unable to
present his case or to give instructions therefor the Court may order
that the writ or other process be served on the father or guardian of the
infant or other person having the custody or control of the infant, and
that in the meantime the proceedings be stayed:

Provided that unless the Court otherwise orders service made or
to be made on such an infant shall be deemed good service.

(2) The provisions of this rule shall apply to interlocutory
proceedings in the Court.

18. Where a plaintiff's claim is for the recovery of immovable
property, 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 recovery of which is claimed.

19. The power to order substituted service of a document under
rule 4 of Order 65 of the Rules of the Supreme Court may be exercised
by the Registrar.

Service on defendant

20. (1) Subject to the provisions of these rules and to the
provisions of any other enactment the plaintiff or his agent shall serve a
copy of the writ on each defendant together with a notice in Form 5A in
the Second Schedule to the District Court Civil Procedure (Forms)
Rules, such service to be effected

(a) by serving them personally on the defendant; or

(b)by sending them by ordinary post to the defendant at his
usual or last known address.

(2) The time within which a writ may be served shall, unless
extended under paragraph (3), be limited to a period of 12 months from
the day of its issue.

(2A) Where a writ has been served, the original writ shall, within 3
days of service, be endorsed by the plaintiff or his agent with. the date
of service and returned to the Registrar.

(3) Where reasonable efforts have been made to serve the writ
within the period of 12 months from the day of its issue and service
has not been ef[ected, the Registrar may, on the application of the
plaintiff, order that the time within which the writ may be served be





extended for a further period not exceeding 12 months or for successive
periods not exceeding 12 months each:

Provided that the time shall not be extended for any period unless
the application therefore is made within the currency of the last
preceding period.

(4) A note of any extension of the time allowed for service shall be
endorsed on the writ and on any copy thereof and shall be noted in the
Register of Civil Actions of the Court.

(5) Where a writ has not been served within the time allowed for
service by this rule, the Registrar shall strike out the action from the
Register of Civil Actions.

Defence and counterclaim

21.(1) (a) A defendant who disputes his liability for the whole or
part of any claim or intends to set up a counterclaim shall,
within 14 days of the service of the writ upon him, file at the
registry out of which the writ has been issued a defence or
counterclaim, as the case may be, signed by himself or his
solicitor or counsel and setting out his full postal address
and, where it is signed by his solicitor or counsel, the full
postal address of his solicitor.

(b) Where a defence or counterclaim has been filed pursuant to
sub-paragraph (a) a plaintiff may, within 14 days of the expiry of
period of 14 days specified in sub-paragraph
(a), file a reply or defence to counterclaim signed by himself
or his solicitor or counsel.

(2) The period of 14 days specified in paragraph (1) may be
extended for a further period not exceeding 21 days upon a party filing,
within the period of 14 days, a notice signed by the other party
consenting to the extension of time.

. (2A) A judge may extend the period of 14 days referred to in
paragraph (2) although the application for extension is not made until
after the expiration of that period.

(3) The filing of a defence shall not operate as a waiver of any
irregularity in process or want of jurisdiction, but the Court may make
such order as to costs or otherwise as it thinks fit.

Judgment in default of defence and upon admission

22. (1) Where the plaintiff's claim against the defendant is

for

(a) the possession of land;

(b) the return of any specific chattel; or





(c) the payment of any debt or liquidated demand,

and no defence or counterclaim has been filed in accordance with
rule 21, the plaintiff may apply to enter judgment.

(2) An application for entry of judgment in default of defence
or counterclaim pursuant to paragraph (1) shall be made in writing
to the Registrar and, where the claim is for the possession of land or
for rent, or is by a money-lender, or the assignee of a money-lender,
for money lent, such application shall be supported by an affidavit-

(a)verifying the claim, and exhibiting the original of any
document evidencing the claim, or accounting for the loss
of any such document; and

(b)in the case of a claim for possession of land or for rent,
declaring, as the case may be, that the rent is not in excess
of the amount recoverable by law or that the land is
exempt from any law controlling its recovery or the amount
of the rent, and the ground of such exemption.

(3) Upon application made under paragraph (2) and upon
reading any affidavit filed in support of such application, the
Registrar shall, subject to paragraph (4), cause judgment to be
entered for the plaintiff with costs, by endorsing the writ filed in the
Registry to such effect.

(4) The Registrar may, where he thinks fit, refer any applica-
tion under paragraph (2) to a judge who may make such order
thereon as the justice of the case may require.

(5) If at any time after the expiration of the period limited for
the filing of a defence or counterclaim but before judgment has been
entered, the defendant files a defence or counterclaim in accordance
with rule 21, the provisions of this rule shall not apply.

(6) Where a writ is endorsed with a claim against a defendant
for unliquidated damages only, then, if that defendant fails to file a
defence in accordance with rule 21, the plaintiff may apply to the
Registrar to enter interlocutory judgment against that defendant for
damages to be assessed by a judge in chambers and costs, and may
proceed with the action against the other defendants, if any.

(7) Judgment shall not be entered against a defendant under
this rule unless the Registrar is satisfied that the writ has been served
on the defendant.

(8) The Court may, on such terms as it thinks fit, set aside or
vary judgment entered under this rule.

(9) A claim in an action for-

(a)the cost of repairs executed to a vehicle or to any property
in, on or abutting a street in consequence of damage which
it is alleged to have sustained in an accident due to the
defendant's negligence; and





(b)any damages for the loss of use of the vefficle or property
pending its repair,

shall, unless the court otherwise orders, be treated as a liquidated
demand for the purposes of these rules.

23. (1) A defendant or plaintiff who admits his liability for the
whole or part of any claim or counterclaim but desires time for payment
or to pay by instalments may, within 14 days of the service of the writ
or counterclaim on him, or of the expiry of any further period specified
in rule 21(1)(b), as the case may be, file at the court office such an
application together with an affidavit as to means.

(2) Upon receipt of an application and affidavit under paragraph
(1), the Registrar shall

(a)as soon as practicable enter judgment in accordance with the
admission; and

(b)notify the other party of the entry of judgment and the
application for time for payment or to make payment by
instalments.

(3) Any application under paragraph (1) shall be dealt with under
rule 60.

Date of hearing

24. (1) Where-

(a)a defence or counterclaim has been filed within the period
provided for by rule 21 or before judgment has been entered;
or

(b)the period within which a defence or counterclaim, or a reply
or defence to counterclaim, should have been filed has
elapsed and no such defence or counterclaim, or a reply or
defence to counterclaim, has been filed,

any party to the action may, on giving notice to all other parties apply
to the Registrar in Form 15B in the Second Schedule to the District
Court Civil Procedure (Forms) Rules to fix a day for the hearing of the
action.

(2) At the expiration of not less than 3 days after the receipt of an
application under paragraph (1) and subject to any order of the court,
the Registrar shall fix a day for the hearing of the action and shall give
not less than 14 clear days' notice thereof to all parties, or such other
period of notice as the parties may consent to.

(3) The Registrar may refer any application under paragraph (1) to
a judge who may make such order as he thinks fit.

(4) Any party to an action may, at any time before a date for the
hearing of the action has been fixed, make representations to the
Registrar with regard thereto.





Framing of issues

25. (1) The Court may, in any proceedings, frame and record
such issues of fact and law as it may think fit for the better hearing
and determination of the cause and where such issues have been so
framed and recorded no party shall be at liberty to depart therefrom
except with the leave of the Court which may be given on such terms
as to costs, payment of money into court, giving security or
otherwise as the Court may think fit.

(2) Notwithstanding the provisions of paragraph (1) the Court
may in any cause make any such order for the filing and delivery of
pleadings or particulars, formal or informal, as it may consider
necessary or desirable for the better hearing and determination of
the cause.

(3) Nothing in this rule shall require the Court to frame or to
record issues.

26. (1) For the purposes of framing issues in accordance with
the provisions of rule 25, the Court may-

(a)ascertain from each party or from his counsel, solicitor or
other representative, what facts he admits or denies;

(b)orally examine any patty or his representative, other than
counsel or solicitor, appearing or present in Court;

(c)order that any party shall appear in person on a date
specified in the order and adjourn the hearing of the matter
to such date;

(d)call upon any party to produce all- documents in his
possession or in his power, upon which he intends to rely in
support of his case, and if necessary order any party to
produce such documents on a date specified in the order
and adjourn the hearing of the matter to such date;

(e)have regard to any allegations made in any particulars of
claim or. other pleadings, formal or informal, in the cause
and to the contents of any document produced by any
party; and

(f)require the production of, and examine, any record of
proceedings forming part of the records of the Court or of
a tenancy tribunal established under Part I of the Landlord
and Tenant (Consolidation) Ordinance.

(2) The Court may, at any time-

(a) adjourn the framing of issues;

(b)amend issues already framed, frame additional issues or
strike out issues which appear to be wrongly framed,

on such terms as to costs, payment of money into court, giving
security or otherwise as it thinks fit.





Summaryjudgment, trial,
etc.

27. (1) Where-

(a)any party appearing or present in court, upon being required
so to do by the Court for the purpose of framing issues,
refuses without reasonable excuse to be orally examined by
the judge or to produce any document then and there in his
possession; or

(b)the defendant, in the opinion of the Court, fails, by himself or
by his counsel, solicitor or other representative to disclose
any reasonable ground of defence; or

(c)any party being bound by an order made under rule 26(1)(c) or
(d) fails without reasonable excuse to obey the same,

the Court may pronounce such judgment against him and in such terms
as it shall think fit or make such order and impose such terms as to
costs, payment of money into court, giving security or otherwise as it
thinks fit.

(2) Whenever, in the opinion of the Court, the issues are
sufficiently established for the immediate determination of the cause,
the Court may pronounce judgment forthwith in such terms as it shall
think fit.

28. Where a claim is for a debt or for liquidated damages only and
the defendant

(a) admits a sum less than the amount claimed; or

(b)in the opinion of the Court, fails, by himself or by his counsel,
solicitor or other representative, to disclose any reasonable
ground of defence with respect to part of the claim; or

(c)has a counterclaim and it appears to the Court that the
maximum amount which could be recovered thereunder, if the
counterclaim were to be upheld, is less than the amount of the
claim,

the Court may, if it thinks fit, enter judgment forthwith for the sum so
admitted or for the sum in respect of which no reasonable ground of
defence is disclosed or for a sum representing the difference between
the amount of the claim and the maximum amount which appears to be
recoverable on the counterclaim, as the case may be, with or without
costs, and may permit execution to be levied forthwith on such
judgment, without prejudice to the hearing and determination of the
matters remaining in dispute between the parties.

29. Except with the consent of the parties or the leave of the Court
no action or matter shall be heard or determined before the expiry of 3
clear days or such other period as may be prescribed after the service of
the writ or other process originating the proceedings.





30. Except with the consent of the parties or the leave of the Court,
which leave may be given on such terms as to costs, payment of money
into court, giving security or otherwise as the Court thinks fit, no
defendant may rely on any equitable defence or on any special defence,
such as set-off, illegality, want of consideration or the statute of
limitations, unless at least 3 clear days' written notice thereof has been
given to the plaintiff, or to his counsel or solicitor, and to the Court.

Want ofprosecution

31. (1) Where no application for entry of judgment is made under
rule 22 within 3 months from the expiration of the period within which a
defence or counterclaim should have been filed the Registrar shall strike
out the action from the Register of Civil Actions.

(2) Where no application to fix a date for the hearing of an action is
made under rule 24 within 3 months from the date on which the defence
or counterclaim was filed the Registrar shall strike out the action from
the Register of Civil Actions, and upon the application of any party
a judge may award such costs as he thinks fit.

Infants

32. (1) An infant shall not, as of course, sue by his next friend or
defend by a guardian ad litem, but the Court may so order upon it
appearing to the Court that the infant is unable of himself properly to
present his case, or defend the action, or give instructions therefor.

(2) Rule 8 of Order 80 of the Rules of the Supreme Court shall not,
in so far as it relates to infants, apply to any proceedings in the Court
unless the Court otherwise directs.

(3) Rule 10 of Order 80 of the Rules of the Supreme Court shall not,
in so far *as it relates to infants, apply to any proceedings in the Court
unless an order has been made under paragraph (1).

(4) This rule shall apply to the trial of any action in the Court and
to interlocutory proceedings in respect of such actions.

Third party procedure

33. (1) The Court may, upon a written or oral application made ex
parte and without notice by a defendant to an action, give leave to the
defendant to issue and serve a third party notice and on granting such
leave shall specify a period within which the notice shal.] be served.

(2) The defendant obtaining the third party notice shall serve it
upon the third party together with a copy of the writ by which the





action was begun and of the pleadings, (if any) served in the action and
the third party shall, as from the time of such service, be a party to the
action with the same rights and duties in respect of his defence against
any claim made against him and otherwise as if he had been sued in the
ordinary way by the defendant.

(2A) Service of the documents referred to in paragraph (2) shall be
effected

(a) by serving them personally on the third party; or

(b)by sending them by ordinary post to the third party at his
usual or last known address.

(3) Order 16 of the Rules of the Supreme Court shall, in its
application to the Court, be read in conjunction with this rule.

Pleadings

34. (1) Save as provided in the Ordinance or in these rules,
pleadings shall not be required, as of course, in the Court but shall only
be necessary where the Court makes an order therefor.

(2) On making such an order the Court shall specify a period
within which such pleading shall be filed.

35. (1) Without prejudice to rule 20(1), any party to an action may
file any pleading by delivering the pleading by hand to the registry of
the Court in which the action was commenced together with as many
copies thereof as there are other parties to the action.

(2) Where a pleading is filed under paragraph (1) the Registrar shall
send a copy thereof to the solicitor appearing on the record on behalf
of each party to the action or, where there is no such solicitor, to the
party at the address given on the writ or the defence as the case may
be.

(3) Where the pleading filed is a defence, the Registrar shall attach
to each copy thereof, which he sends under paragraph (2), a notice in
Form 15A in the Second Schedule to the District Court Civil Procedure
(Forms) Rules.

36. (1) Any party to an action who intends in reliance on section 62
or 63 of the Evidence Ordinance to adduce evidence of a conviction or
finding of adultery shall include in his particulars of claim or defence, as
the case may be, a statement of his intention with particulars of

(a) the conviction or finding and the date thereof,

(b) the Court which made the conviction or finding; and

(e)the issue in the action to which the conviction or finding is
relevant.

(2) Where a plaintiTs particulars of claim include such a statement
as is mentioned in paragraph (1), then if the defendant~





(a) denies the conviction or finding; or

(b) alleges that it was erroneous; or

(c) denies that it is relevant to any issue in the action,

he shall make the denial or allegation in his defence.

37. Save as the Court may otherwise allow, the provisions of the
Rules of the Supreme Court relating to the form and contents of
pleadings shall apply to proceedings in the Court.

38. The Court may, whether before or after the time limited for the
filing of any pleading and whether such limitation be by these rules or
by the Court, extend the time allowed therefor on such terms as it may
think fit.

38A. (1) Whenever it appears to the Court that the particulars of

(a) any claim or counterclaim-

(i) do not comply with these rules;

(ii) do not adequately disclose a cause of action;

(iii) fail to cover facts which, if proved, would establish the
jurisdiction of the Court; or

(iv) are otherwise insufficient; or

(b) any defence or defence to counterclaim-

(i) do not comply with these rules;

(ii) do not disclose an adequate defence;

(iii) are otherwise insufficient,

the Court may, either upon the application of a party or of its own
motion and on such terms as it thinks fit, order that the particulars be
struck out or amended in such manner as it shall direct or that further
and better particulars be filed within a limited period.

(2) The provisions of rule 35(1) and (2) shall apply to the filing of
further and better particulars ordered to be filed under paragraph (1).

(3) If a party requires further or better particulars ofany other
party's case he may, at any time before the Court has fixed a date for the
trial, give notice to the opponent specifying what further or better
particulars he requires, and the other party shall, within 5 days of the
service of the notice, file such further or better particulars as may
properly be required and within the same time deliver a copy thereof to
the party requiring the particulars.

(4) If a notice under paragraph (3) is not complied with, the Court,
either before or at the trial, if it is satisfied that the party requiring the
particulars-is thereby prejudiced, may

(a)order the further or better particulars to be filed and delivered;
and





(b) stay all proceedings until such order has been obeyed; or

(c)direct that the action be struck out or that the defendant be
debarred from defending, as the case may be, unless such
order is obeyed within such further time as the Court may
allow, and the Court may make such order as to costs as it
thinks fit.

(5) Paragraphs (3) and (4) shall apply, with such modifications
as are necessary, to a counterclaim and to third party proceedings in
the same manner as it applies to an action.

38B. The Court may dispense with compliance with the re-
quirements of Order 20 of the Rules of the Supreme Court relating
to the filing and service of an amended pleading if it is satisfied that
any amendment such as is referred to in that Order has been
sufficiently communicated to the other party and to the Court.

General

38C. Where a corporation is a party to an action, any docu-
ment which is required to be signed by a party to an action, may be
signed by one of the directors of that corporation or by the secretary
of that corporation, or by counsel or a solicitor.

38D. (1) Where any document in an action filed in the Court
is signed in the name of a solicitor or firm of solicitors, or by counsel
instructed by a solicitor or firm of solicitors, that solicitor or firm of
solicitors shall be the solicitor on the record until notice of change of
solicitor is filed and served in accordance with rule 1 of Order 67 of
the Rules of the Supreme Court.

(2) Where any party to an action in respect of whom there is
no solicitor on the record appears at the trial of that action or at the
hearing of any interlocutory application by solicitor or counsel, the
Court shall record the name of the solicitor appearing or, where the
party appears by counsel, the name of the solicitor instructing that
counsel, and such solicitor or, where he is in partnership or is an
assistant solicitor, the firm in which he is a partner or an assistant, as
the case may be, shall be the solicitor on the record.

38E. Where in any proceedings in the Court any document
is to be served on any person and no other mode of service is
prescribed by any law, service shall be effected-

(a) where the person to be served is acting in person-
(i) by delivering the document to him or at his residence
or by sending the document by prepaid post to his last
known address;
(ii) if he is a proprietor of a business, by delivering the
document at his place of business or sending it by prepaid
post to his last known place of business;





(b)where the person to be served is acting by a solicitor, by
delivering the document at or sending it by prepaid post to
the solicitor's address for service.

Discovery of documents

39. (1) The Court may, of its own motion but subject to any
proper claim of privilege, make such order for discovery of docu-
ments, including the mode of discovery, as it may consider necessary
or desirable and the provisions of rule 16 of Ord ' er 24 of the Rules of
the Supreme Court shall apply to anyfailure to comply with the
provisions of any such order.

(2) Nothing in this rule shall prevent the adoption by any party of
the formal procedure prescribed by the Rules of the Supreme Court with
reference to discovery of documents.

Inspection of documents

40. (1) The Court may, of its own motion but subject to any proper
claim of privilege. order any party to produce any relevant document in
his possession or under his control for inspection by any other party
and may order that any such inspection shall take place in the presence
of an officer of the Court and the provisions of rule 16 of Order 24 of the
Rules of the.Supreme Court shall apply.to any failure to comply with the
provisions of any such order.

(2) Any party who fails to comply with any such order shall not,
except with the leave of the Court, be permitted to rely at the trial of the
action on any document mentioned in the order.

(3) Nothing in this rule shall prevent the adoption by any party of
the formal procedure prescribed by the Rules of the Supreme Court with
reference to discovery and inspection of documents.

(4) The powers of the Court with regard to the making of orders for
the discovery and inspection of documents may be exercised by the
Registrar.

(5) Any party dissatisfied with an order for discovery and
inspection of documents made by the Registrar may, within 5 days of
the making of such order and upon giving not less than 2 days' notice
to any other party, apply to the Court to set aside such order.

Interlocutory proceedings

41. The Court may, if it thinks fit, permit any interlocutory
application or opposition thereto to be made orally and without the
filing of an affidavit or other preliminary formality, in court or in
chambers, or in writing.





42. [Revoked, L.N. 182/70]

Postponement of trial, withdrawal of claim and directions

43. In any proceedings in the Court it shall not be necessary to
issue a summons applying for the postponement of a trial and an
application to postpone the trial of any action may be made orally
and without any preliminary formality so long as proper notice
of such application has been given to the other party in such
proceedings.

44. (1) A plaintiff or a defendant may, at any time before
judgment is entered and without the leave of the Court, withdraw his
claim or counterclaim by giving notice in writing to the Registrar,
and to every party against whom he desires to discontinue.

(2) If any claim or counterclaim be settled upon terms, such
terms may be made an order of the Court upon application by the
parties either orally or in writing signed by all the parties.

(3) 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.

44A. (1) For the purposes of exercising any of the powers
granted by rules 25, 26, 27 and 28, the Court may, upon giving not
less than 3 days' notice, require any party to an action to attend
before the Court.

(2) Any party to an action may, at any stage before the trial of
the action and upon giving not less than 3 days' notice to all other
parties, apply to the Court for directions.

(3) Upon an application under paragraph (2), the Court shall
give such directions upon such terms as it thinks fit.

Trial

45. [Revoked, L.N. 182/70]

46. (1) It shall not be necessary for the judge in any proceed-
ings in the Court to make a verbatim note of the oral evidence
adduced but it shall be sufficient if he records the substance thereof
in so far as it appears to him to be relevant.

(2) [Deleted, L.N. 182/70]
(3) Order 68 of the Rules of the Supreme Court shall not apply
to any proceedings in the Court unless in any case the judge
otherwise orders.





47. The Court may, in its discretion, reserve its decision as to the
admissibility of evidence to which objection is taken and in the
meantime admit the evidence without prejudice to its power to reject
such evidence or any part thereof in determining the action.

48. The Court or the Registrar, in any case in which judgment is to
be entered ex parte or without a trial on the merits, may require
production of any document, of whatsoever nature, relevant to the
cause of action, subject to any proper claim of privilege, and may cause
any such document to be marked as an exhibit in the proceedings.

Adjournments

49. The power of the Court to grant an adjournment on terms shall
extend to imposing terms requiring the payment of money into court or
the giving of security, whatever the nature of the claim or counterclaim,
if any, and the Court may order that, in default of compliance with any
terms imposed, the claim or counterclaim shall be dismissed or the party
in default shall not be permitted to prosecute his claim or counterclaim or
to defend, as the case may be.

Evidence

50. The Court shall not have power to issue any commission,
request or order to examine witnesses-abroad.

51. Where a document, which,.if it were duly proved, would be
admissible in evidence, is. produced to the Court from proper custody, it
shall be admitted without further
(a) in the opinion of the Court it appears genuine and

(b) no objection is taken thereto,

and, if tlie admission of any document so produced is objected to, the
Court may adjourn the hearing for proof of the document, and, if it is
proved, the party objecting shall pay the costs occasioned by the
objection, unless the Court otherwise orders.

52. There shall be no procedure in the Court for obtaining evidence
in the Colony for use in a foreign tribunal.

53. (1) The Court may accept shop-books, account-books, invoices,
delivery notes, sold-notes, bought-notes, indents, receipts, counterfoil-
receipts, and other like books, documents and business records as
primafacie evidence of the* contents thereof and of the transactions to
which they purport to relate if such books, docu





ments or records appear to the Court to be genuine and are produced
from custody which appears to the Court to be proper custody.

(2) Where any such book, document or record, or any entry
therein, is endorsed with or bears a signature or 'chop' purporting to
be that of any party, or his employee or agent, the Court may presume,
until the contrary is proved, that the signature or 'chop' is that of such
party, employee or agent.

54. (1) The Court may admit-

(a)any document purporting to be issued by a bank and
purporting to show the state of the account of any party or
person with the bank;

(b)any document purporting to be issued by a bank and
purporting to state the reason for the dishonour of any
cheque,

as primafacie evidence of the truth of the contents thereof.

(2) Where any cheque purports to be drawn or endorsed in the
name or under the 'chop' of any party or person the Court may
presume it to have been drawn or endorsed by such party or person
unless the contrary is proved.

(3) For the purposes of this rule, the word 'bank' shall have the
meaning assigned to it by section 2 of the Banking Ordinance.

55. The Court may admit any delivery note, entry in a delivery book
or other record prepared by a person employed as a common or private
carrier, or otherwise employed or engaged to deliver goods, or by his
servant or agent, and purporting to record the delivery of goods to any
party, or to the premises of any party. as primafacie evidence of due
delivery notwithstanding that the note, entry or record is not, or is not
proved to be, signed or 'chopped' or otherwise acknowledged by or on
behalfof such party.

56. Notwithstanding any rule of practice the Court may dispense
with a certified translation of any document adduced in evidence and
not being in the English language.

57. (1) Any document or matter to which this rule applies may,
unless the Court otherwise directs, be proved by the production of an
office copy.

(2) This rule applies to the following-

(a)an occupation permit issued by the Building Authority under
section 137 of the repealed Buildings Ordinance 1935;





(b)an occupation permit issued by the Building Authority under
section 2 of the Buildings Ordinance;

(c)an entry in the register of deeds and documents maintained
by the Land Officer under the New Territories Ordinance; and

(d)a document of title, an agreement for the grant, exchange or
surrender of land, and any other docuiiknt relating to land, in
the custody of the Land Office established by the Land
Registration Ordinance.

(3) For the purposes of this. rule-

(a)'office copy' means a document purporting to be a copy of or
extract from the original and purporting to be certified by the
proper officer as a true copy or extract;

(b)'proper officer' means any officer of a Government
department appearing to the Court to be authorized to cetify
the copy or extract; and

(c)it shall not be necessary to prove the signature, official
character or authority of any such officer or to give further
proof of the contents of the document or matter sought to be
proved under this rule by office copy.

(4) On any office copy of an occupation permit such as is referred
to in paragraph (2)(a) or (b), the proper officer may endorse a statement
specifying the premises to which the permit relates; and the provisions
of this rule relating to office copies shall apply to any such statement.

58. (1) Where, in any proceedings before the Court, the question
whether or not any building is an entirely new building within the
meaning of Part I of the Landlord and Tenant (Consolidation)
Ordinance is in issue the Court may, for determining the issue, admit in
evidence, and have regard to, any official records.

(2) The Court may draw inferences from such records and the
circumstances in which they were made or deposited, and, in particular,
may infer that any building to which such records relate was duly
constructed in accordance therewith.

(3) For the purpose of this rule-

(a)the expression 'official records' includes any plan, drawing,
sketch, specification, bill of quantities, file, writing or other
record maintained by, deposited with, or in the custody of, or
appearing to be maintained by, deposited with, or in the
custody of, the Building Authority or any Government
department or public officer;

(b)'Building Authority' means the Building Authority under the
Buildings Ordinance.





Injunctions

59. (1) In any proceedings in which an injunction has been or might
have been claimed, a plaintifr may, before or after judgment, apply for an
injunction to restrain the defendant from

(a)the repetition or continuance of the wrongful act or breach of
contract complained of; or

(b)the commission of any wrongful act or breach of contract of a
like kind, relating to the same property or right or arising'out
of the same contract,

and the Court, in addition to giving judgment for such damages and
costs as the plaintiff may be entitled to, may grant the injunction on
such terms as may be just.

(2) An application under this rule may be made-

(a) before the hearing of the action or matter; or

(b)at or immediately after the hearing, in which case the order
shall be included in the judgment; or

(c) afterjudgment, on notice and supported by affidavit.

Ordersfor instalments, etc.

60. (1) Where ajudgment is entered or an order made for the
payment of any sum of money and it appears to the satisfaction of the
Court, either at the time that the judgment is given or the order is made
or at any later time on application made upon notice by the person liable
under the judgment or order, that there is sufficient reason for so doing,
the Court may order the sum to be paid by such instalments payable at
such times as the Court may fix.

(2) An order made under paragraph (1) may from time to time be
varied on application made upon notice.

61. (1) If it appears to the Court that the person liable under any
judgment or order for payment by instalments is able to pay the sum
ordered to be paid either in one sum or by larger instalments than those
ordered, the Court, on the application of the person entitled to enforce
the judgment or order made on notice, may order the amount unpaid to
be paid in one sum, or by larger instalments than those previously
ordered, and may from time to time vary such order.

(2) When a judgment has been given or order made for the
payment of any sum and execution thereon has been stayed, whether
on due payment of instalments or otherwise, and it appears to the Court
at any time to be desirable so to do, the Court may by order raise the
stay of execution either with immediate efrect or otherwise and on such
terms as it thinks fit.





Enforcement of orders

61A. (1) This rule, rule 61B and rule 61C shall apply to proceedings
under the Separation and Maintenance Orders Ordinance, the Affiliation
Proceedings Ordinance, the Maintenance Orders (Reciprocal
Enforcement) Ordinance and the Guardianship of Minors Ordinance.

(2) Before any process is issued for the enforcement of an order for
the payment of money to any person, an affidavit shall be filed verifying
the amount due under the order and showing how that amount is
arrived at.

61B. (1) In this rule and in rule 61C, unless the context otherwise
requires

'Judgment creditor' means a person entitled to enforce an order;

'judgment debtor' means a person liable under an order;

'Judgment summons' means a summons issued under an order made
under R.S.C. Order 48, rfile 1(1) requiring a judgment debtor to
appear and be examined on oath as to his means;

'order' means an order made in proceedings to which this rule applies
for the payment of money, including an order for costs.

(2) Where an order has been made, the Court may, on an
application made ex parte by the judgment creditor, direct a summons to
issue to the judgment debtor to attend before the court 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 order,

and the Court may also order the judgment debtor to produce any
books or documents in his possession, custody or power relevant to
the questions aforesaid at the time and place appointed for examination.

(3) An application for the issue of a judgment summons shall be in
Form 19 and there shall be filed with the application the affidavit
required by rule 61A(2) which shall exhibit a copy of the order.

(4) Every judgment summons shall be in Form 20 and shall be
served on the judgment debtor personally not less than 5 clear days
before the hearing and at the time of service there shall be paid or
tendered to the judgment debtor a sum reasonably sufficient to cover
his expenses in travelling to and from the court at which he is
summoned to appear.

(5) On the hearing ofthe judgment summons the judge may-





(a) where the order is for-
(i) the payment of a lump sum or costs; or
(ii) maintenance or other periodical payments, and it
appears to him that the order would have been varied or
suspended if the judgment debtor had made an application
for that purpose,
make a new order for payment of the amount due under
the original order, together with the costs of the judgment
summons, either at a specified time or by instalments;

(b)where the judgment debtor fails to attend, adjourn the
summons to a specified time on a specified day and order
the judgment debtor to attend at that time on that day; or

(e)where the judgment debtor, having been ordered under
sub-paragraph (b) to attend at a specified time on a
specified day, fails to do so, or where the judgment debtor
attends, but fails to show cause why an order of commit-
ment should not be made against him, make an order for
the commitment of the judgment debtor,

(6) If the judge makes an order of commitment, he may direct
its execution to be suspended on terms that the judgment debtor
pays to the judgment creditor the amount due. together with the
costs of the judgment summons, either at a specified time or by
instalments, in addition to any sums accruing due under the original
order.

(7) All payments under a new order or an order of commit-
ment shall be made to the judgment creditor unless the judge
otherwise directs.

(8) Where an order of commitment is suspended on such terms
as are mentioned in paragraph (6)-

(a)all payments thereafter made by the judgment debtor to
the judgment creditor in their respective capacities of
judgment debtor and judgment creditor shall be deemed to
be made, first, in or towards the discharge of any further
sums from time to time accruing due under the original
order and, secondly, in or towards the discharge of the
amount in respect of which the judgment summons was
issued and the costs of the summons; and

(b)an order of commitment so suspended shall not be issued
until the judgment creditor has filed an affidavit of default
on the part of the judgment debtor.

61C. (1) R.S.C. Order 38, rule 2(3) (which enables evidence
to be given by affidavit in certain cases) shall apply to a judgment
summons as if it were an originating summons.

(2) Witnesses may be summoned to prove the means of the
judgment debtor in the same manner as witnesses are summoned to





give evidence on the hearing of a cause, and writs of subpoena may for
that purpose be issued out of the registry in which the judgment
summons is issued.

(3) Where the judgment debtor appears at the hearing, the
travelling expenses paid to him may, if the judge so directs, be allowed
as expenses of a witness, but if the judgment debtor appears at the
hearing and no order of commitment is made, the judge may allow to the
judgment debtor, by way of set-off or otherwise, his proper costs,
including compensation for loss of time, as upon an attendance by a
defendant at a trial in court.

(4) Where a new order or an order of commitment is made, the
Registrar shall send notice of the order to the judgment debtor.

(5) An order of commitment shall be directed to the bailiff, for
execution by him.

(6) Unless the judge otherwise directs, the judgement creditor's
costs of and incidental to the judgment summons shall be fixed without
taxation in accordance with the following-provisions

(a)Subject to sub-paragraph (c), where the amount in respect of
which the judgment summons is issued is paid before the
hearing there may be allowed

(i) the court fees paid by the judgment creditor,

(ii) any travelling expenses paid to the judgment debtor,
and

(iii) if the judgment creditor is represented by a solicitor,
such sums as the court may, order in respect of the solicitor's
charges.

(b)Where an order is made on the hearing and the judgment
creditor is awarded costs, there may be allowed

(i) the court fees paid by the judgment creditor.'

(ii) subject to paragraph (3), any travelling expenses paid to
the judgment debtor,

(iii) if the judgment creditor is represented by a solicitor
without counsel, such sum as the court may order in respect
of the solicitor's charges, and

(iv) if the judgment creditor is represented by solicitor and
counsel, such sums as the court may order in respect of the
solicitor's charges and counsel's fees.

(c)Where the amount in respect of which the judgment summons
is issued is paid too late to prevent the attendance of the
judgment creditor or, as the case may be, his solicitor or
counsel, at the hearing, the sums speicfied in sub-paragraph
(b) may, if the judge so orders, be allowed instead of the sums
specified in sub-paragraph (a).

(d)Where the costs of and incidental to a judgment summons are
directed to be taxed, the District Court Civil Procedure





(Costs) Rules shall have effect in relation to the costs of
proceedings pending in the Court, or as the Court may
otherwise order.

Applications relating to children

61D. An application by the Director of Social Welfare under the
Guardianship of Minors Ordinance for the variation or discharge of an
order made under that Ordinance or for directions as to the exercise of
the powers of the Director under that order may, in case of urgency or
where the application is unlikely to be opposed, be made by letter
addressed to the Court and the Director shall, whenever practicable,
notify any interested party of his intention to make the application.

61E. (1) This rule, rule 61F and rule 61G shall apply to proceedings
under the Separation and Maintenance Orders Ordinance, the
Affiliation Proceedings Ordinance and the Guardianship of Minors
Ordinance.

(2) An application for leave to remove a child permanently out of
Hong Kong shall be made to a judge unless the application is
unopposed, in which case it may be made to the Registrar.

(3) The father or mother of a child under 18 may apply ex parte to a
judge for an injunction restraining the other of them or any other person
from removing the said child out of Hong Kong or out of the custody,
care or control of any person named in the application.

61F. (1) A judge or the Registrar may at any time refer to the
Director of Social Welfare for investigation and report any matter
concerning the welfare of a child which may arise in proceedings in the
Court.

(2) Where a reference is made under this rule-

(a)the Director may inspect and, with the approval of the judge
or Registrar, copy from the court file;

(b)after completing his investigation, the Director shall file his
report and the Registrar shall thereupon notify the parties that
they may inspect it and may be speak copies on payment of
the prescribed fee; and

(c)the Registrar shall give notice to the Director of the date of
hearing of the application or other proceeding.

61G. If, at the time when an application to the Court relating to a
child is made in any cause, any proceedings relating to the same child
and brought after the cause was begun are pending in the High Court or
the Court, the applicant shall file a statement of the nature of these
proceedings when he makes his application.





Action by employeesfor wages

62. Where by virtue of section 55 of the Ordinance two or more
persons unite as plaintiffs in one action against another person, the
judgment shall record as separate findings the relief to which any
plaintiff, or the defendant as against any plaintilT, is adjudged entitled.
Thereafter for execution purposes such separate findings may be
proceeded upon severally or jointly to the extent of the relief adjudged
due thereby.

Actionfor recovery of land

63. (1) In an action for the recovery of land, any person not named
as a defendant in the writ may, by leave of the Court, be allowed to
appear and defend, on filing an affidavit, together with as many copies
thereof as there are plaintiffs and defendants, showing that he is in
possession, either by himself or by his tenant, of the land.

(2) Where leave is given under paragraph (1) the person obtaining
leave shall be added as a defendant, and the Registrar shall send to
every other party notice that such person has obtained such leave,
together with a copy of the affidavit.

64. (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 this rule.

(2) The plaintiff shall file in support of the orginating 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.

(3)(a) 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

(i) in accordance with rule 20(1); or

(ii) by leaving a copy of the summons and of the affidavit,
or sending them to him, at the premises; or

(iii) in such other manner as the court may direct.





(b)The summons shall, in addition to being served on the
named defendants (if any) in accordance with sub-
paragraph (a), be served, unless the Court otherwise
directs, by-
(i) affixing a copy of the summons and a copy of the
affidavit to the main door or other conspicuous part of the
premises; and
(ii) 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'.

(4) Without prejudice to rule 63, 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.

(5) A final order shall not be made on the originating sum-
mons except by ajudge in person and 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..

(6) Order 45, rule 3(2) of the Rules of the Supreme Court shall
not apply in relation to an order for possession under this rule but
no writ of possession to enforce such 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.

(7) The judge may, on such terms as he thinks just, set aside or
vary any order made in proceedings under this rule.

65-68. [Revoked, L.N. 182/70]

Commissioners for oaths

69. The Registrar shall have authority to administer any oath
and take affidavit required for any purpose connected with the
business of the Court.

Forms

70. Subject to such amendments therein as are necessary to
adapt the same to the Court, and to the provisions of the Ordinance,
the forms for the time being prescribed by or under rule 9 of Order 1
of the Rules of the Supreme Court shall be the forms in use in the
Court:

Provided that ajudge of the Court may allow such departures
from any prescribed form as he may think fit in any particular case.





PART IV

MISCELLANEOUS

71. These rules shall have effect in relation to the Crown

subject in all respects to the provisions of the Crown Proceedings
Ordinance, and to the provisions of the Rules of the Supreme Court

respecting proceedings by or against the Crown.

L.N. 24/63. L.N. 164/70. L.N. 182/70. L.N. 114/73. L.N. 12/78. L.N. 163/81. L.N. 331/83. L.N. 73/63. Citation. Interpretation. L.N. 182/70. (Cap. 4, sub. leg.) Venue. L.N. 182/70. Registries. L.N. 182/70. Provisions relating to jurisdiction. Defendants in different districts. Continuance and transfer of actions. Jurisdiction of districts in process. Application of Rules of the Supreme Court to the Court. L.N. 182/70. (Cap. 4, sub. leg.) Schedule. Limited application of English rules. L.N. 182/70. Form of register. L.N. 182/70. Commencement of proceedings. L.N. 182/70. No specially endorsed writ procedure. L.N. 182/70. Endorsement for fixed costs. (Cap. 336, sub. leg.) L.N. 182/70. Endorsement in money-lender's action. (Cap. 163.) L.N. 331/83. Endorsement for account. Service on infants. L.N. 182/70. Service of proceedings for recovery of immovable property. Order for substituted service. L.N. 182/70. Service of writ. L.N. 182/70. L.N. 163/81. (Cap. 336, sub. leg.) Defendant to deliver defence or counterclaim if claim disputed. L.N. 182/70. L.N. 163/81. L.N. 163/81. L.N. 163/81. Judgment in default of defence. L.N. 182/70. L.N. 163/81. Admission and request for time. L.N. 182/70. L.N. 163/81. L.N. 163/81. Registrar to fix hearing date when defence etc. filed. L.N. 182/70. L.N. 163/81. (Cap. 336, sub. leg.) Framing of issues. L.N. 182/70. Procedure for framing issues. L.N. 182/70. (Cap. 7.) Summary judgement. L.N. 182/70. Summary judgment for part of a claim. L.N. 182/70. Date of trial. L.N. 182/70. Notice of special defence. L.N. 182/70. Action to be struck out in certain circumstances. L.N. 182/70. L.N. 163/81. Actions by and against infants. L.N. 182/70. Third party notice. L.N. 182/70. L.N. 163/81. L.N. 163/81. Pleadings necessary only when ordered. L.N. 182/70. Filing of pleadings. L.N. 182/70. (Cap. 336, sub. leg.) Pleading of conviction, etc. L.N. 182/70. (Cap. 8.) Pleadings to follow Rules of Supreme Court. L.N. 182/70. Extension of time for filing of pleadings. L.N. 182/70. Further particulars and amendment of pleadings. L.N. 182/70. L.N. 163/81. Dispensing with filing and service of amended pleading. L.N. 182/70. Signature of documents in case of corporations. L.N. 182/70. Solicitor on the record. L.N. 182/70. Mode of service. L.N. 182/70. Informal order for discovery. L.N. 182/70. Informal order for inspection. L.N. 182/70. Informal applications, etc. L.N. 182/70. Summons to postpone not necessary. L.N. 182/70. Withdrawal of claim, etc. L.N. 182/70. Directions and summary judgment. L.N. 182/70. Notes of evidence. Objection to evidence. L.N. 182/70. Production and endorsement of documents. Adjournment on terms. No letters of request, etc., in the Court. L.N. 182/70. Documents produced from proper custody. No procedure for obtaining evidence for foreign tribunal. L.N. 182/70. Admissibility of shop-books, etc. Bank accounts, etc., to be prima facie evidence. (Cap. 155.) Delivery by transport contractors, etc. Certified translations. Office copies. (18 of 1935.) (Cap. 123.) (Cap. 97.) (Cap. 128.) Landlord and Tenant (Consolidation) Ordinance; building plans, etc. (Cap. 7.) (Cap. 123.) Application for an injunction and damages in lieu. Order for payment by installments. L.N. 182/70. New order for earlier payment on application of judgment creditor. L.N. 182/70. Enforcement of order for payment of money, etc. L.N. 12/78. (Cap. 16.) (Cap. 183.) (Cap. 188.) (Cap. 13.) Judgment summon; general provisions. L.N. 12/78. Special provisions as to judgment summons. L.N. 12/78. (Cap. 336, sub. leg.) Further provisions as to orders for supervision or care of a child. L.N. 12/78. (Cap. 13.) Removal of child out of Hong Kong, etc. L.N. 12/78. (Cap. 16.) (Cap. 183.) (Cap. 13.) Reference to the Director of Social Welfare. L.N. 12/78. Statement of other proceedings on application relating to child. L.N. 12/78. Judgment to record separate findings in action in which persona unite as plaintiffs. In action for recovery of land, person not named as defendant may appear. L.N. 182/70. Summary proceedings for possession of land. L.N. 163/81. (Cap. 4, sub. leg.) Registrar authorized to administer oaths. Adoption of form in Rules of the Supreme Court. L.N. 182/70. Application to the Crown. (Cap. 300.) L.N. 114/73.

L.N. 24/63. L.N. 164/70. L.N. 182/70. L.N. 114/73. L.N. 12/78. L.N. 163/81. L.N. 331/83. L.N. 73/63. Citation. Interpretation. L.N. 182/70. (Cap. 4, sub. leg.) Venue. L.N. 182/70. Registries. L.N. 182/70. Provisions relating to jurisdiction. Defendants in different districts. Continuance and transfer of actions. Jurisdiction of districts in process. Application of Rules of the Supreme Court to the Court. L.N. 182/70. (Cap. 4, sub. leg.) Schedule. Limited application of English rules. L.N. 182/70. Form of register. L.N. 182/70. Commencement of proceedings. L.N. 182/70. No specially endorsed writ procedure. L.N. 182/70. Endorsement for fixed costs. (Cap. 336, sub. leg.) L.N. 182/70. Endorsement in money-lender's action. (Cap. 163.) L.N. 331/83. Endorsement for account. Service on infants. L.N. 182/70. Service of proceedings for recovery of immovable property. Order for substituted service. L.N. 182/70. Service of writ. L.N. 182/70. L.N. 163/81. (Cap. 336, sub. leg.) Defendant to deliver defence or counterclaim if claim disputed. L.N. 182/70. L.N. 163/81. L.N. 163/81. L.N. 163/81. Judgment in default of defence. L.N. 182/70. L.N. 163/81. Admission and request for time. L.N. 182/70. L.N. 163/81. L.N. 163/81. Registrar to fix hearing date when defence etc. filed. L.N. 182/70. L.N. 163/81. (Cap. 336, sub. leg.) Framing of issues. L.N. 182/70. Procedure for framing issues. L.N. 182/70. (Cap. 7.) Summary judgement. L.N. 182/70. Summary judgment for part of a claim. L.N. 182/70. Date of trial. L.N. 182/70. Notice of special defence. L.N. 182/70. Action to be struck out in certain circumstances. L.N. 182/70. L.N. 163/81. Actions by and against infants. L.N. 182/70. Third party notice. L.N. 182/70. L.N. 163/81. L.N. 163/81. Pleadings necessary only when ordered. L.N. 182/70. Filing of pleadings. L.N. 182/70. (Cap. 336, sub. leg.) Pleading of conviction, etc. L.N. 182/70. (Cap. 8.) Pleadings to follow Rules of Supreme Court. L.N. 182/70. Extension of time for filing of pleadings. L.N. 182/70. Further particulars and amendment of pleadings. L.N. 182/70. L.N. 163/81. Dispensing with filing and service of amended pleading. L.N. 182/70. Signature of documents in case of corporations. L.N. 182/70. Solicitor on the record. L.N. 182/70. Mode of service. L.N. 182/70. Informal order for discovery. L.N. 182/70. Informal order for inspection. L.N. 182/70. Informal applications, etc. L.N. 182/70. Summons to postpone not necessary. L.N. 182/70. Withdrawal of claim, etc. L.N. 182/70. Directions and summary judgment. L.N. 182/70. Notes of evidence. Objection to evidence. L.N. 182/70. Production and endorsement of documents. Adjournment on terms. No letters of request, etc., in the Court. L.N. 182/70. Documents produced from proper custody. No procedure for obtaining evidence for foreign tribunal. L.N. 182/70. Admissibility of shop-books, etc. Bank accounts, etc., to be prima facie evidence. (Cap. 155.) Delivery by transport contractors, etc. Certified translations. Office copies. (18 of 1935.) (Cap. 123.) (Cap. 97.) (Cap. 128.) Landlord and Tenant (Consolidation) Ordinance; building plans, etc. (Cap. 7.) (Cap. 123.) Application for an injunction and damages in lieu. Order for payment by installments. L.N. 182/70. New order for earlier payment on application of judgment creditor. L.N. 182/70. Enforcement of order for payment of money, etc. L.N. 12/78. (Cap. 16.) (Cap. 183.) (Cap. 188.) (Cap. 13.) Judgment summon; general provisions. L.N. 12/78. Special provisions as to judgment summons. L.N. 12/78. (Cap. 336, sub. leg.) Further provisions as to orders for supervision or care of a child. L.N. 12/78. (Cap. 13.) Removal of child out of Hong Kong, etc. L.N. 12/78. (Cap. 16.) (Cap. 183.) (Cap. 13.) Reference to the Director of Social Welfare. L.N. 12/78. Statement of other proceedings on application relating to child. L.N. 12/78. Judgment to record separate findings in action in which persona unite as plaintiffs. In action for recovery of land, person not named as defendant may appear. L.N. 182/70. Summary proceedings for possession of land. L.N. 163/81. (Cap. 4, sub. leg.) Registrar authorized to administer oaths. Adoption of form in Rules of the Supreme Court. L.N. 182/70. Application to the Crown. (Cap. 300.) L.N. 114/73.

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