DISTRICT COURT ORDINANCE - minor amendment

DISTRICT COURT ORDINANCE - minor amendment

CHAPTER 336

DISTRICT COURT

1. The District Court Ordinance is amended---

(1)in section 38(2) by repealing 'Surpeme' and substituting
'Supreme';

(2)in section 46 by repealing everything that occurs after 'or
demand' and substituting---

(a) which does not exceed the sum of $60,000; or

(b)which has been reduced to a sum not exceeding
$60,000 by reason of the plaintiff having
abandoned the amount in excess of $60,000 in his
cause of action.

(3)in the sections mentioned in column 1 by repealing the amounts
mentioned in column 2 and substituting the amounts men-
tioned in column 3.

Section Amount repealedAmount substituted
32(1) and (2) $60,000 $120,000
33(1) $60,000 $120,000
34(1) $60,000 $120,000
37(1) $60,000 $120,000
41 $60,000 $120,000
52(1)(a) and (d)$60,000 $120,000
35 $45,000 $100,000
36 $45,000 $100,000
37(3) $45,000 $100,000
52(1)(c) $45,000 $100,000
69(3) $45,000 $100,000

2. The District Court Civil Procedure (General) Rules are
amended-

(1)in rule 5(4) by repealing 'the Kowloon 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' and substituting---

a particular district to be commenced in any other district
specified by him

(2) in rule 12(2)(c) by repealing '8' and substituting '14';

(3) in rule 20 by adding after paragraph (1)--

(IA) Where a writ is served by post in accordance
with paragraph (1)(b), the date of service shall, unless the
contrary is shown, be deemed to be the seventh day after
the date of posting.





(4) in rule 21(1) by repealing sub-paragraph (b) and substituting-

(b)where a defence or counterclaim has been filed
pursuant to sub-paragraph (a), a plaintiff may, before
the expiration of 14 days after the service on him of
that defence or counterclaim, file a reply or defence
to counterclaim signed by himself or his solicitor or
counsel.

(5) in rule 3 1 -

(a) in paragraphs (1) and (2) by adding after 'filed'-

or within such extended period as may have been
ordered by the Court under paragraph (3),

(b) by adding after paragraph (2)-

(3) The Court may, on such terms as it thinks
just, by order-

(a)extend the period provided in paragraph (1)
during which an application for entry of
judgment may be made under rule 22;

(b)extend the period provided in paragraph (2)
during which an application to fix a date for
the hearing of an action may be made under
rule 24. (L.N. 224 of 1988)

(4) The Court may extend the periods referred
to in paragraph (3)(a) and (b) although the
application for extension is not made until after the
action has been struck out from the Register of Civil
Actions. (L.N. 224 of 1988)

3. The District Court Civil Procedure (Costs) Rules are amended
in rule 5 by repealing paragraphs (2) and (3) and substituting-

(2) Not less than 7 days' notice of the appointment to tax
together with a copy of the bill of costs shall be served by that
party on every person entitled to be heard on taxation. (L.N.
223 of 1988)

(3) In any proceedings for taxation where the amount on
the bill of costs does not exceed $20,000 the Registrar may in
the first instance, by notice in writing, inform the party
commencing the proceedings for taxation of the amount which
he proposes to allow as costs on taxation and, in such a case,
that party shall either-

(a)serve a copy of the notice together with a copy of the
bill of costs on every person entitled to be heard on
taxation; or

(b)apply for an appointment to tax under paragraph (1).
(L.N. 223 of 1988)





(4) The Registrar shall allow costs in the amount
specified in any notice under paragraph (3), unless within 14
days after the service of a copy of such notice any person
entitled to be heard on taxation applies for an appointment to
tax. (L.N. 223 of 1988)

4. The District Court Civil Procedure (Forms) Rules are amended
in the Second Schedule-

(a) in Forms 4, 6 and 8-

(i) by repealing 'inclusive of the day of service'
wherever it occurs;

(ii) by repealing wherever it occurs;
(b) in Form 15 by repealing 'inclusive of the day of service'.

5. The District Court Suitors' Funds Rules are amended-

(1) in rule 8 by repealing paragraph (1) and substituting-

(1) Any money lodged in court may be paid out-

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

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

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

and any cheque or instructions to the bank for a transfer
of funds shall be signed by 2 persons as may from time to
time be authorized in writing by the Registrar.

(2)in rule 16 by repealing paragraphs (3) and (4) and sub-
stituting-
(3) Unless an order directs otherwise, no interest
shall be credited to any money lodged in court on any
ledger credit if-

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

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

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

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

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





such money is paid in court in compliance with
an order made under the Matrimonial Causes
Ordinance (Cap. 179), the Matrimonial Pro-
ceedings and Property Ordinance (Cap. 192), the
Separation and Maintenance Orders Ordinance
(Cap. 16), the Affiliation Proceedings Ordinance
(Cap. 183), the Maintenance Orders (Reciprocal
Enforcement) Ordinance (Cap. 188) or the
Guardianship of Minors Ordinance (Cap. 13); or

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

(4) Notwithstanding paragraphs (1), (2) and (3) and
unless an order directs otherwise, the Registrar shall-

(a)invest any money lodged in court on any ledger
credit as compensation payable under the
Employees' Compensation Ordinance (Cap.
282), in such manner as he thinks fit; and

(b)place any dividend or interest (whether simple or
compound) received on such investments, or any
principal money received in respect thereof, to
the credit of the account in which the investments
were standing when such dividend or interest
became due or when the principal money was
received.(L.N. 217 of 1988)
L.N. 283 of 1986 49 of 1988 s. 4 49 of 1988 s. 4 L.N. 16 of 1985 L.N. 224 of 1988 L.N. 16 of 1985 L.N. 206 of 1986 L.N. 224 of 1988 L.N. 178 of 1986 L.N. 304 of 1979 L.N. 342 of 1980 L.N. 304 of 1979

L.N. 283 of 1986 49 of 1988 s. 4 49 of 1988 s. 4 L.N. 16 of 1985 L.N. 224 of 1988 L.N. 16 of 1985 L.N. 206 of 1986 L.N. 224 of 1988 L.N. 178 of 1986 L.N. 304 of 1979 L.N. 342 of 1980 L.N. 304 of 1979

https://oelawhk.lib.hku.hk/items/show/3799

1964

v31

336

4