DISTRICT COURT SUITORS' FUNDS RULES

DISTRICT COURT SUITORS' FUNDS RULES

CT COURT SUITORS' FUNDS RULES

ARRANGEWNT OF RULES

Ru Page
CITATION AND INTERPRETATION

1. Citation ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... E 2
2. Interpretation ... ... ... ... ... ... ... ... ... . ... ... ... ... ... E 2

LODGMENT OF FUNDS IN
COURT

3. Lodgment of funds ... E 2
4. Keeping of accounts and register ... ... ... ... ... ... ... ... ... E 3
5. Annual statement of accounts ... ... ... ... ... ... ... ... ... ... E 4
6. Shares and securities ... ... ... ... ... ... ... ... ... ... ... ... E 4
7. Principal money and dividend in respect of securities to be placed in books ... E 4

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

8. Payment out of money lodged in court ... ... ... ... ... ... ... ... E 5

9. Payment out of fund of sums to be ascertained by certificate of Registrar ... E 5 10.
Payment of costs ... ... ... ... ... ... ... ... ... ... ... ... ... E 5

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

to payment ... ... ... ... ... ... ... ... ... ... ... ... ... ... E 5
12. Order directing payment out, transfer etc. to describe person entitled to
payment etc . ... ... ... ... ... ... ... ... ... ... ... ... ... E 6
13. Order directing investment of money lodged in court ... ... ... ... ... E 6
14. Order directing other dealings with money lodged in court ... ... ... ... E 6
15. Carrying over of funds to separate account ... ... ... ... ... ... ... E 7

INVESTMENT OF FUNDS
LODGED

M- Power of Registrar to invest funds ... ... ... ... ... ... ... ... ... E 7
17. Surplus income ... ... ... ... ... ... ... ... ... ... ... ... ... E 7
18. Cost of administrating Suitors' Funds Account ... ... ... ... ... ... E 7

EVIDENCE OF LIFE,
ETC.

19. Evidence by affidavit of life or fulfilment of condition ... ... ... ... ... E 8
20. Evidence by affidavit or declaration of other matters ... ... ... ... ... E 8

MISCELLANEOUS

21. Certificate of description and amount of funds ... ... ... ... ... ... ... E 8
22. Transcript of accounts in Registrar's books ... ... ... ... ... ... ... E 8
23. Application of English procedures ... ... ... ... ... ... ... ... ... E 8

Schedule. Forms ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... E 9





DISTRICT COURT SUITORS' FUNDS RULES

(Cap. 336, section 73)

[22nd June, 1973.]

CITATION AND INTERPRETATION

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

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

'Accountant' means the Judiciary Accountant;

'court' means the District 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 District Court and includes a judg-
ment or decree and includes the schedule or schedules to an
order;
'Registrar- means the Registrar of the District 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 enactment 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 above-
named (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);

(f) paid in on account of the judgment or order obtained by
(name ofparty).

(5) Where the funds lodged are money the Registrar shall pay
the same to an account to be called the 'District Court Suitors'
Funds Account' at such bank as the Accountant General 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 twelve months ending on the 31st day of March in each
year a statement of the accounts kept under rule 4(1) which state-
ment 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 the Colony, 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
Registrar 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 trans-
fer 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 DEAL NGS WITH
FUNDS

8. (1) Any money lodGed in court shall be paid out-

(a)in cash or by cheque iF the amount does not exceed $250; and

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

and such cheques shall be signe Registrar and the Accountant or such
other officer as may me to time be authorized in writing by the Registrar.

(2) Payment out shall be made at the District 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 Regi ' strar 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, broffier
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 two 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 suflicient 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 efflected 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 tide 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 District 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) 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; or

(b) the amount is less $2,500.

(4) Nothwithstanding paragraphs (1), (2) and (3) and unless
an order directs otherwise interest shall be payable at such rate
as the Registrar shall determine, on any money lodged in court
on any ledger credit if the money is compensation payable under
the Workmen's Compensation Ordinance, and the Registrar may
vary such rate of interest at such interval as he thinks fit.

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

(6) The Registrar shall not be required to apportion any amount of
interest payable or 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
District 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 afrecting 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 charging 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 affect 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. 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 Dwmcr 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 marked purporting to
contain (here insert list of contents), or the following movable property (here
insert particulars)].

(Signature)

Registrar

Dated this day of 19

Foitm 2 [rule 6(4).]

Authority to company to register transfer

IN THE DISTRICT 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 District 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 District Court as authorized.

(Signature)

Secretary of

, Ltd.

Dated this day of 19

FoRm 4 [rule 9.]

Certificate of ascertained sums

IN THE Dwmcr CouRT op HoNo KoNo

(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.






FORM 5 [rule 10.]

Certificate of taxed costs

IN THE Dinmer CouRT oF HoNo KoNo

(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 I 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 m the schedule, which sums with the fees of taxation specified
amount to the total surn of

Dated this day of 19

(Signature)



FORm 6 [rule 11(2).]

Declaration

IN THE DisTRier COURT OF HoNo 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 I certify that the death-bed
and funeral expenses of the deceased have been paid: and I make this solemn
declaration conscientiously believing the same to be true and by virtue of the
provisions of the Oaths and Declarations Ordinance, Chapter II.

(Signature of applicant)
Declared at

Before me this day of 19

(Signature)

Justice, notary public.
or other authorized officer.
L.N. 119/73. 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. Payment out of fund of sums to be ascertained 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 I court. Order directing other dealings with money lodged in court. Carrying over of funds to separate account. Power of Registrar to invest funds. (Cap. 282.) Surplus income. Cost of administrating Suitors' Funds Account. Evidence by affidavit of life or fulfilment of condition. Evidence by affidavit or declaration or other matters. Certificate of description and amount of funds. Transcript of accounts in Registrar's books. Application of English procedures.

L.N. 119/73. 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. Payment out of fund of sums to be ascertained 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 I court. Order directing other dealings with money lodged in court. Carrying over of funds to separate account. Power of Registrar to invest funds. (Cap. 282.) Surplus income. Cost of administrating Suitors' Funds Account. Evidence by affidavit of life or fulfilment of condition. Evidence by affidavit or declaration or other matters. Certificate of description and amount of funds. Transcript of accounts in Registrar's books. Application of English procedures.

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