PARTITION RULES

PARTITION RULES

PARTITION RULES

(Cap. 352, section 10)

[3 April 1987.]

1. These rules may be cited as the Partition Rules.

2. (1) In these rules-

'pleadings' has the meaning assigned to it by R. S. C. Order 1, rule 4;

'Registrar' means-

(a)in relation to proceedings commenced in the High Court, the
Registrar of the Supreme Court;

(b)in relation to proceedings commenced in a District Court, the
Registrar of the Supreme Court exercising his jurisdiction as
the Registrar of the District Court by virtue of section 14(4) of
the District Court Ordinance.

(2) In these rules any reference to an Order and rule if prefixed by
the letters 'R.S.C.' is a reference to that Order and rule in the Rules of
the Supreme Court.

3. Subject to the Ordinance and these rules the practice and
procedure of the Supreme Court and of the District Court as may be
appropriate, including the provisions relating to commencement of
proceedings shall apply to proceedings under the Ordinance as nearly
as circumstances admit. .

4. In any proceedings under the Ordinance a copy-

(a) of every pleading and amended pleading filed in Court;

(b) of every affidavit filed in Court;

(e)of every answer to interroga tories and of all particulars
furnished or filed in Court, whether pursuant to an order of the
Court or otherwise;

(d)of every interlocutory application, and every order made
thereon filed in Court; and

(e) of every notice, including notices of appeal, filed in Court,

shall forthwith after such filing or furnishing be served or caused to be
served on the Director by the party on behalf of whom such document
is filed or furnished.

5. An application by the Attorney General under section 3A of the
Ordinance to be added as a party may be made ex parte by summons to
a judge of the Court in which the proceedings are pending or to the
Registrar, but the judge or Registrar may, if he thinks fit, require the
attendance of the Attorney General on the application.





6. (1) Where any document is required by the Ordinance or these
rules to be served on the Director

(a)service may be effected by sending the document by post or
delivering it to the Director;

(b)it shall not be necessary for the Director to acknowledge
service of such document;

(c)an affidavit of service, the contents of which shall be in
accordance with R.S.C. Order 65, rule 8, shall be filed in Court
by the person required to effect such service, as proof of
service;

(d)if due service has not been effected or no affidavit of service
has been filed in Court, the Court shall, subject to
subparagraph (e), adjourn the hearing on such terms as to
costs or otherwise as it thinks fit, in order that service may be
effected or an affidavit of service filed; and

(e)if due service has been effected but no affidavit of service
filed in Court, the Court may proceed with the hearing if the
party required to file such affidavit satisfies the Court that
service has been effected and gives an undertaking to Court
to file an affidavit of service within such time as may be
directed by Court.

(2) In any proceedings under the Ordinance, the provisions of
R.S.C. Order 63, rule 4 in respect of inspection and obtaining copies of
any document filed in the registry of the Court shall apply to the
Director as if he were a party to the proceedings.

7. Unless otherwise directed any notice required by the Ordinance
or these rules to be given shall be given in writing.

8. Service of any document on the Attorney General in any
proceedings under the Ordinance may be effected by sending the
document by post, or delivering it, to the Attorney General.

9. The period during which any proceedings are stayed by section
3B of the Ordinance shall be 21 days.
L.N. 95/87. Citation. Interpretation. (Cap. 336.) (Cap. 4, sub. leg.) Application of Rules of Supreme Court and District Court. Documents to be served on the Director. Application by Attorney General to be added as a party. Service of documents, etc. Notices to be in writing. Service on the Attorney General. Length of stay of proceedings.

L.N. 95/87. Citation. Interpretation. (Cap. 336.) (Cap. 4, sub. leg.) Application of Rules of Supreme Court and District Court. Documents to be served on the Director. Application by Attorney General to be added as a party. Service of documents, etc. Notices to be in writing. Service on the Attorney General. Length of stay of proceedings.

https://oelawhk.lib.hku.hk/items/show/3307

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