DISTRICT COURT ORDINANCE - CHAPTER 336 DISTRICT COURT ORDINANCE - LONG TITLE Long title VerDate:01/09/2000 To establish a court, having limited civil and criminal jurisdiction, to be known as the District Court, and to make provision for the jurisdiction, procedure and practice thereof and for purposes connected with the matters aforesaid. (Amended 28 of 2000 s. 2) [18 February 1953] G.N.A. 28 of 1953 (Originally 1 of 1953; 22 of 1962) DISTRICT COURT ORDINANCE - LONG TITLE Long title VerDate:30/06/1997 To establish a court, having limited civil and criminal jurisdiction, to be known as the District Court of Hong Kong, and to make provision for the jurisdiction, procedure and practice thereof and for purposes connected with the matters aforesaid. [18 February 1953] G.N.A. 28 of 1953 (Originally 1 of 1953; 22 of 1962) DISTRICT COURT ORDINANCE - SECT 1 Short title VerDate:30/06/1997 PART I PRELIMINARY This Ordinance may be cited as the District Court Ordinance. DISTRICT COURT ORDINANCE - SECT 2 Interpretation VerDate:01/09/2000 In this Ordinance, unless the context otherwise requires- "action" (訴訟) means a civil proceeding commenced by writ of summons or in such manner as may be prescribed; (Amended 21 of 1962 s. 2) "authorized institution" (認可機構) means an authorized institution within the meaning of section 2 of the Banking Ordinance (Cap 155); (Added 28 of 2000 s. 3) "cause" (訟案) means any action, suit or other original proceeding between a plaintiff and a defendant; "charging order" (押記令) means an order under section 52A(1) to secure payment of a judgment or an order for the payment of money; (Added 28 of 2000 s. 3) "Court" (區域法院) means the District Court established by section 3; (Added 21 of 1962 s. 2. Amended 28 of 2000 s. 48) "defendant" (被告人) includes any person served with any writ of summons or process, or served with notice of, or entitled to attend, any proceedings; "deputy District Judge" (地方法院暫委法官) means a deputy District Judge appointed under section 7; (Replaced 79 of 1981 s. 11) "functions" (職能) includes powers and duties; "hereditament" (可繼承產) includes both a corporeal and an incorporeal hereditament; (Added 21 of 1962 s. 2) "judge" (法官) means a District Judge or a deputy District Judge; (Replaced 79 of 1981 s. 11) "judgment creditor" (判定債權人) means a person in whose favour judgment has been entered or an order made in any court requiring a judgment debtor to pay money to the person; (Added 28 of 2000 s. 3) "judgment debtor" (判定債務人) means a person against whom judgment has been entered or an order made in any court requiring him to pay money to another person; (Added 28 of 2000 s. 3) "land" (土地) means land of whatever description, any part or section thereof, and tenements and buildings or parts of buildings (whether the division is horizontal, vertical or made in any other way); (Added 14 of 1973 s. 2) "matter" (事宜) includes every proceeding in the Court not in a cause; "party" (一方) includes every person served with notice of or attending any proceedings, although not named in the record; "personal injuries" (人身傷害) includes any disease or any impairment of a person's physical or mental condition; (Added 28 of 2000 s. 3) "plaintiff" (原告人) includes every person asking for any relief (otherwise than by way of counterclaim as a defendant) against any other person by any form of proceeding, whether the proceeding is by action, suit, petition, motion, summons or otherwise; "Registrar" (司法常務官) means the Registrar of the Court appointed under section 14 and includes a deputy registrar and assistant registrar appointed under that section; (Added 28 of 2000 s. 3) "Rules Committee" (規則委員會) means the District Court Rules Committee established under section 17. (Added 21 of 1962 s. 2) (1 of 1953 s. 2 incorporated. Amended 28 of 2000 s. 3) "action" (訴訟) "authorized institution" (認可機構) "cause" (訟案) "charging order" (押記令) "Court" (區域法院) "defendant" (被告) "deputy District Judge" (地方法院暫委法官) "functions" (職能) "hereditament" (可繼承產) "judge" (法官) "judgment creditor" (判定債權人) "judgment debtor" (判定債務人) "land" (土地) "matter" (事宜) "party" (一方) "personal injuries" (人身傷害) "plaintiff" (原告人) "Registrar" (司法常務官) "Rules Committee" (規則委員會) DISTRICT COURT ORDINANCE - SECT 2 Interpretation VerDate:30/06/1997 In this Ordinance, unless the context otherwise requires- "action" (訴訟) means a civil proceeding commenced by writ of summons or in such manner as may be prescribed; (Amended 21 of 1962 s. 2) "cause" (訟案) means any action, suit or other original proceeding between a plaintiff and a defendant; "Court" (法院、法庭) means the District Court established by section 3; (Added 21 of 1962 s. 2) "defendant" (被告人) includes any person served with any writ of summons or process, or served with notice of, or entitled to attend, any proceedings; "deputy District Judge" (地方法院暫委法官) means a deputy District Judge appointed under section 7; (Replaced 79 of 1981 s. 11) "functions" (職能) includes powers and duties; "hereditament" (可繼承產) includes both a corporeal and an incorporeal hereditament; (Added 21 of 1962 s. 2) "Judge" (法官) means a District Judge or a deputy District Judge; (Replaced 79 of 1981 s. 11) "land" (土地) means land of whatever description, any part or section thereof, and tenements and buildings or parts of buildings (whether the division is horizontal, vertical or made in any other way); (Added 14 of 1973 s. 2) "matter" (事宜) includes every proceeding in the Court not in a cause; "party" (一方) includes every person served with notice of or attending any proceedings, although not named in the record; "plaintiff" (原告人) includes every person asking for any relief (otherwise than by way of counterclaim as a defendant) against any other person by any form of proceeding, whether the proceeding is by action, suit, petition, motion, summons or otherwise; "Registrar" (司法常務主任) subject to the provisions of section 14, means the Registrar of the District Court; (Added 21 of 1962 s. 2) "Rules Committee" (規則委員會) means the District Court Rules Committee established under section 17. (Added 21 of 1962 s. 2) (1 of 1953 s. 2 incorporated) "action" (訴訟) "cause" (訟案) "Court" (法院、法庭) "defendant" (被告) "deputy District Judge" (地方法院暫委法官) "functions" (職能) "hereditament" (可繼承產) "Judge" (法官) "land" (土地) "matter" (事宜) "party" (一方) "plaintiff" (原告人) "Registrar" (司法常務主任) "Rules Committee" (規則委員會) DISTRICT COURT ORDINANCE - SECT 3 Establishment of the District Court, and its general jurisdiction VerDate:01/09/2000 PART II THE DISTRICT COURT (1) A court known as the District Court is established. (Replaced 28 of 2000 s. 4) (2) The Court shall be a court of record and shall have such civil and criminal jurisdiction and powers as are conferred upon it by this Ordinance and by any other enactment for the time being in force. (Amended 21 of 1962 s. 3) (3) The jurisdiction and powers conferred by any other enactment for the time being in force shall be subject only to such limitations as such enactment may provide or may have provided. (Added 20 of 1963 s. 3) (1 of 1953 s. 3 incorporated) DISTRICT COURT ORDINANCE - SECT 3 Establishment of the District Court of Hong Kong, and general jurisdiction thereof VerDate:30/06/1997 PART II THE DISTRICT COURT (1) A court, to be known as the District Court of Hong Kong, is hereby established. (2) The Court shall be a court of record and shall have such civil and criminal jurisdiction and powers as are conferred upon it by this Ordinance and by any other enactment for the time being in force. (Amended 21 of 1962 s. 3) (3) The jurisdiction and powers conferred by any other enactment for the time being in force shall be subject only to such limitations as such enactment may provide or may have provided. (Added 20 of 1963 s. 3) (1 of 1953 s. 3 incorporated) DISTRICT COURT ORDINANCE - SECT 4 Constitution of the District Court VerDate:01/09/2000 (1) The Court shall consist of 2 or more judges, to be known as District Judges. (2) District Judges shall be appointed by the Chief Executive by instrument under the Public Seal. (Amended 25 of 1998 s. 2) (3) Any appointment made under the provisions of subsection (2) may be given effect from a date anterior to that of the instrument by which it is made. (Added 18 of 1958 s. 2. Amended 20 of 1972 s. 24; 28 of 2000 s. 5) (4) This section does not authorize the discharge of any judicial functions by any person before the date of the instrument of appointment or before the requirements of section 17 of the Oaths and Declarations Ordinance (Cap 11) have been fulfilled. (Added 28 of 2000 s. 5) (1 of 1953 s. 4 incorporated) DISTRICT COURT ORDINANCE - SECT 4 Constitution of the District Court VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 (1) The Court shall consist of 2 or more judges, to be known as District Judges. (2) District Judges shall be appointed by the Chief Executive by instrument under the Public Seal. (Amended 25 of 1998 s. 2) (3) Any appointment made under the provisions of subsection (2) may be given effect from a date anterior to that of the instrument by which it is made: Provided that nothing herein shall be deemed to authorize the discharge of any judicial functions by any person so appointed before the date of the instrument or before the requirements of section 17 of the Oaths and Declarations Ordinance (Cap 11) have been fulfilled. (Added 18 of 1958 s. 2. Amended 20 of 1972 s. 24) (1 of 1953 s. 4 incorporated) DISTRICT COURT ORDINANCE - SECT 4 Constitution of the District Court VerDate:30/06/1997 (1) The Court shall consist of 2 or more judges, to be known as District Judges. (2) District Judges shall be appointed by the Governor by instrument under the Public Seal. (3) Any appointment made under the provisions of subsection (2) may be given effect from a date anterior to that of the instrument by which it is made: Provided that nothing herein shall be deemed to authorize the discharge of any judicial functions by any person so appointed before the date of the instrument or before the requirements of section 17 of the Oaths and Declarations Ordinance (Cap 11) have been fulfilled. (Added 18 of 1958 s. 2. Amended 20 of 1972 s. 24) (1 of 1953 s. 4 incorporated) DISTRICT COURT ORDINANCE - SECT 5 Professional qualifications of District Judges VerDate:08/07/2005 (1) No person shall be appointed to be a District Judge under section 4 unless- (a) he is qualified to practise as a barrister, solicitor or advocate in a court in Hong Kong or any other common law jurisdiction having unlimited jurisdiction either in civil or criminal matters; and (Amended 21 of 1962 s. 4; 14 of 1997 s. 3) (b) since becoming so qualified he has for a period of or periods totalling not less than 5 years- (i) practised as a barrister, solicitor or advocate in such a court; or (ia) been the Registrar of the High Court or a senior deputy registrar, deputy registrar or assistant registrar of the High Court, appointed in accordance with section 37 of the High Court Ordinance (Cap 4); or (Added 10 of 2005 s. 144) (ib) been the Registrar or a deputy registrar or assistant registrar appointed in accordance with section 14; or (Added 10 of 2005 s. 144) (ii)-(iv) (Repealed 14 of 1997 s. 3) (v) been a permanent magistrate appointed in accordance with section 5 of the Magistrates Ordinance (Cap 227); or (va) been a coroner appointed in accordance with section 3 of the Coroners Ordinance (Cap 504); or (Added 10 of 2005 s. 144) (vb) been an adjudicator appointed in accordance with section 4 of the Small Claims Tribunal Ordinance (Cap 338); or (Added 10 of 2005 s. 144) (vc) been a presiding officer appointed in accordance with section 4 of the Labour Tribunal Ordinance (Cap 25); or (Added 10 of 2005 s. 144) (vi) been a legal officer as defined in section 2 of the Legal Officers Ordinance (Cap 87); or (vii) (Repealed 8 of 1993 s. 26) (viii) been the Director of Legal Aid or a Deputy Director of Legal Aid, Assistant Director of Legal Aid or Legal Aid Officer, appointed in accordance with section 3 of the Legal Aid Ordinance (Cap 91); or (Added 66 of 1976 s. 2. Amended 24 of 1983 s. 7; 39 of 1992 s. 13) (ix) been the Official Receiver or an Assistant Official Receiver (Legal), Assistant Principal Solicitor, Senior Solicitor or Solicitor, appointed in accordance with section 75 of the Bankruptcy Ordinance (Cap 6); or (Added 39 of 1992 s. 13. Amended 60 of 1992 s. 7; 68 of 1995 s. 18) (x) been the Director of Intellectual Property or a Deputy Director of Intellectual Property, Assistant Director of Intellectual Property, Senior Solicitor or Solicitor, appointed in accordance with section 3 of the Director of Intellectual Property (Establishment) Ordinance (Cap 412). (Added 60 of 1992 s. 7) (2) For the purpose of calculating such period of 5 years, periods of less than 5 years falling within any of the sub-paragraphs of paragraph (b) of subsection (1) may be combined. (Amended 38 of 1965 s. 2) (3) For the purposes of calculating the period of 5 years under subsection (1), periods served in an office specified in Part I of the First Schedule to the repealed Registrar General (Establishment) Ordinance (Cap 100) may be taken into account notwithstanding the repeal of that Ordinance. (Added 8 of 1993 s. 26) (1 of 1953 s. 5 incorporated. Amended 10 of 2005 s. 144) DISTRICT COURT ORDINANCE - SECT 5 Qualifications for appointment as a District Judge VerDate:30/06/1997 (1) No person shall be appointed to be a District Judge under section 4 unless- (a) he is qualified to practise as an advocate or as a solicitor in a court in Hong Kong or any other common law jurisdiction having unlimited jurisdiction either in civil or criminal matters; and (Amended 21 of 1962 s. 4; 14 of 1997 s. 3) (b) since becoming so qualified he has for a period of or periods totalling not less than 5 years- (i) practised as an advocate or solicitor in such a court; or (ii)-(iv) (Repealed 14 of 1997 s. 3) (v) been a permanent magistrate appointed by warrant under section 5 of the Magistrates Ordinance (Cap 227); or (vi) been a legal officer as defined in section 2 of the Legal Officers Ordinance (Cap 87); or (vii) (Repealed 8 of 1993 s. 26) (viii) been a Director, Deputy Director, Assistant Director of Legal Aid or Legal Aid Officer appointed in accordance with section 3 of the Legal Aid Ordinance (Cap 91); or (Added 66 of 1976 s. 2. Amended 24 of 1983 s. 7; 39 of 1992 s. 13) (ix) been an Official Receiver, Assistant Official Receiver (Legal), Assistant Principal Solicitor, Senior Solicitor or Solicitor, appointed in accordance with section 75 of the Bankruptcy Ordinance (Cap 6); or (Added 39 of 1992 s. 13. Amended 60 of 1992 s. 7; 68 of 1995 s. 18) (x) been a Director, Deputy Director or Assistant Director of Intellectual Property or a Senior Solicitor, appointed in accordance with section 3 of the Director of Intellectual Property (Establishment) Ordinance (Cap 412). (Added 60 of 1992 s. 7) (2) For the purpose of calculating such period of 5 years, periods of less than 5 years falling within any of the sub-paragraphs of paragraph (b) of subsection (1) may be combined. (Amended 38 of 1965 s. 2) (3) For the purposes of calculating the period of 5 years under subsection (1), periods served in an office specified in the repealed Registrar General (Establishment) Ordinance (Cap 100) appointment to which was restricted to legally qualified persons may be taken into account notwithstanding the repeal of that Ordinance. (Added 8 of 1993 s. 26) (1 of 1953 s. 5 incorporated) DISTRICT COURT ORDINANCE - SECT 6 Disposal of proceedings VerDate:01/09/2000 (1) A judge sitting alone shall, subject to section 58 and to the rules, hear and dispose of proceedings in the Court and business arising out of the proceedings. (Replaced 28 of 2000 s. 6) (2) The proceedings in every action or matter subsequent to the hearing or trial, down to and including the final judgment or order, and any application for leave to appeal or for a stay of execution shall, so far as is practicable and convenient, be taken before the judge or Registrar before whom the trial or hearing took place. (Replaced 21 of 1962 s. 5. Amended 28 of 2000 s. 6) (3) The business of the Court shall be heard and disposed of in court unless this Ordinance, the rules of court or another enactment authorizes the matter to be heard and disposed of in chambers. (Replaced 28 of 2000 s. 6) (1 of 1953 s. 6 incorporated) DISTRICT COURT ORDINANCE - SECT 6 Proceedings to be disposed of by a judge sitting alone VerDate:30/06/1997 (1) Every proceeding in the Court and all business arising thereout shall be heard and disposed of by a judge sitting alone. (Amended 21 of 1962 s. 5) (2) The proceedings in every action or matter subsequent to the hearing or trial, down to and including the final judgment or order, and any application for leave to appeal or for a stay of execution shall, so far as is practicable and convenient, be taken before the judge before whom the trial or hearing took place. (Replaced 21 of 1962 s. 5) (3) A judge may, subject to any rules or directions made or given under this Ordinance of any other enactment, exercise in court or in chambers all or any part of the jurisdiction vested in the Court. (Amended 21 of 1962 s. 5) (1 of 1953 s. 6 incorporated) DISTRICT COURT ORDINANCE - SECT 7 Appointment of deputy District Judges VerDate:08/07/2005 (1) The Chief Justice may appoint a person who is eligible under section 5 to be appointed as a District Judge to be a deputy District Judge if- (Amended 10 of 2005 s. 145) (a) the office of any District Judge becomes vacant for any reason; or (Amended 10 of 2005 s. 145) (b) he considers that the interests of the administration of justice require that a deputy District Judge should be appointed temporarily. (2) A deputy District Judge shall have and may exercise all the jurisdiction, powers and privileges and perform all the duties of a District Judge. A reference in any law to a deputy District Judge shall be construed accordingly. (Amended 10 of 2005 s. 145) (3) Without restricting the Chief Justice's power under subsection (1), the Chief Justice may appoint a deputy District Judge- (a) for a specified case or class of cases only; (b) for a specified period only. (4) The Chief Justice may terminate the appointment of a deputy District Judge at any time. (Replaced 28 of 2000 s. 7) DISTRICT COURT ORDINANCE - SECT 7 Appointment of deputy District Judges VerDate:01/09/2000 (1) The Chief Justice may appoint a person, who is eligible to be appointed to be a judge, to be a deputy District Judge if- (a) the office of any judge becomes vacant for any reason; or (b) he considers that the interests of the administration of justice require that a deputy District Judge should be appointed temporarily. (2) A deputy District Judge shall have and may exercise all the jurisdiction, powers and privileges and perform all the duties of a judge. A reference in any law to a deputy District Judge shall be construed accordingly. (3) Without restricting the Chief Justice's power under subsection (1), the Chief Justice may appoint a deputy District Judge- (a) for a specified case or class of cases only; (b) for a specified period only. (4) The Chief Justice may terminate the appointment of a deputy District Judge at any time. (Replaced 28 of 2000 s. 7) DISTRICT COURT ORDINANCE - SECT 7 Deputy District Judges VerDate:30/06/1997 (1) Where the office of District Judge is vacant by death or otherwise, the Chief Justice may appoint a fit and proper person as a deputy District Judge, to fill such office until such time as the office has been filled in accordance with the provisions of section 4 or for such other period as the Chief Justice may think fit. (2) If a District Judge is unable, through temporary illness or absence, to carry out his duties the Chief Justice may appoint a fit and proper person as a deputy District Judge, to fill the office until the said judge resumes the duties thereof or for such other period as the Chief Justice may think fit. (3) If the Chief Justice considers it desirable so to do, he may appoint any fit and proper person to be a deputy District Judge for such period as the Chief Justice may think fit. (4) Every appointment made in accordance with the provisions of this section may be terminated by the Chief Justice at any time. (Replaced 21 of 1962 s. 6. Amended 2 of 1974 s. 2; 79 of 1981 s. 11) DISTRICT COURT ORDINANCE - SECT 8 Power of deputy District Judge in part-heard cases VerDate:01/09/2000 A deputy District Judge may resume the hearing and determine any adjourned proceedings and to deliver judgment even if the period of his appointment as a deputy District Judge has expired or his appointment has been terminated by the Chief Justice. (Replaced 28 of 2000 s. 7) DISTRICT COURT ORDINANCE - SECT 8 Powers of a deputy District Judge VerDate:30/06/1997 (1) A deputy District Judge shall, during the period for which he is appointed, have all the jurisdiction, powers and privileges, and perform all the duties of the office of District Judge. (2) Where the hearing of any proceedings duly commenced before a deputy District Judge is adjourned or where judgment is reserved therein or is subject to review, the deputy District Judge shall, notwithstanding that before the hearing is resumed or judgment is delivered or the review disposed of, his appointment has expired or has been terminated or a successor is appointed to the District Judge in whose place he was acting, have power to resume the hearing and determine the proceedings or to deliver as the judgment of the Court the judgment which he has reserved or to review the judgment or decision which he has given if such review is otherwise authorized, as the case may be. (3) The appointment of a deputy District Judge, shall not become void by the vacation of the office of the District Judge in whose place he is acting, from any cause whatsoever, and the acts of a deputy District Judge done therein shall be as valid as if there had been no such vacation of office, and the deputy District Judge shall continue to act as such until either his appointment is terminated or a successor to the office is appointed. (Added 21 of 1962 s. 6. Amended 11 of 1970 s. 2; 79 of 1981 s. 11) DISTRICT COURT ORDINANCE - SECT 9 Jurisdiction in part-heard cases of magistrates appointed to be judges VerDate:30/06/1997 Where a magistrate is appointed to be a judge he may, notwithstanding such appointment, exercise and discharge all such jurisdiction, powers, authorities and duties as were prior to such appointment vested in him as a magistrate, but in relation only to any proceedings which were duly commenced before him in his capacity as a magistrate prior to such appointment. (Added 11 of 1970 s. 3) DISTRICT COURT ORDINANCE - SECT 10 Jurisdiction in part-heard cases of judges appointed to be High Court Judges or Court of First Instance deputy judges VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 Where a judge is appointed- (a) to be a judge of the High Court under section 6(1) of the High Court Ordinance (Cap 4); or (b) to be a deputy judge of the Court of First Instance under section 10(1) of the Court of First Instance Ordinance (Cap 4), he may, notwithstanding such appointment, exercise and discharge all such jurisdiction, powers, authorities and duties as were prior to such appointment vested in him as a judge of the Court, but in relation only to any proceedings which were duly commenced before him in his capacity as such judge prior to such appointment. (Added 11 of 1970 s. 3. Amended 92 of 1975 s. 58; 49 of 1983 s. 7; 25 of 1998 s. 2) DISTRICT COURT ORDINANCE - SECT 10 Jurisdiction in part-heard cases of judges appointed to be Supreme Court Judges or High Court deputy judges VerDate:30/06/1997 Where a judge is appointed- (a) to be a judge of the Supreme Court under section 6(1) of the Supreme Court Ordinance (Cap 4); or (b) to be a deputy judge of the High Court under section 10(1) of the Supreme Court Ordinance (Cap 4), he may, notwithstanding such appointment, exercise and discharge all such jurisdiction, powers, authorities and duties as were prior to such appointment vested in him as a judge of the Court, but in relation only to any proceedings which were duly commenced before him in his capacity as such judge prior to such appointment. (Added 11 of 1970 s. 3. Amended 92 of 1975 s. 58; 49 of 1983 s. 7) DISTRICT COURT ORDINANCE - SECT 11 (Repealed 47 of 1997 s. 10) VerDate:30/06/1997 DISTRICT COURT ORDINANCE - SECT 11A Term of office of District Judges VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 (1) A judge shall vacate his office when he attains the retiring age. (2) Notwithstanding the fact that he has attained the retiring age, a person holding the office of a judge may continue in office for so long after attaining the retiring age as may be necessary to enable him to deliver judgment or to do any other thing in relation to proceedings that were commenced before him before he attained that age. (3) Notwithstanding subsection (1), the term of office of a judge who was appointed to be such judge before 1 January 1987 may be extended for a specified period or periods not exceeding 5 years in the aggregate by the Chief Executive acting in accordance with the recommendation of the Judicial Service Commission, and in any such case the judge shall accordingly be regarded as having attained the retiring age at the expiration of the specified period or periods. (Amended 25 of 1998 s. 2) (4) A judge may at any time resign his office by notice in writing addressed to the Chief Executive. (Amended 25 of 1998 s. 2) (5) In this section- "judge" (法官) means a District Judge; "retiring age" (退休年齡) means- (a) in relation to a judge who was appointed to be such judge before 1 January 1987, the age of 60 years; and (b) in relation to a judge who was appointed to be such judge on or after 1 January 1987, the age of 65 years. (Added 26 of 1997 s. 4) "judge" (法官) "retiring age" (退休年齡) DISTRICT COURT ORDINANCE - SECT 11A Term of office of District Judges VerDate:30/06/1997 (1) A judge shall vacate his office when he attains the retiring age. (2) Notwithstanding the fact that he has attained the retiring age, a person holding the office of a judge may continue in office for so long after attaining the retiring age as may be necessary to enable him to deliver judgment or to do any other thing in relation to proceedings that were commenced before him before he attained that age. (3) Notwithstanding subsection (1), the term of office of a judge who was appointed to be such judge before 1 January 1987 may be extended for a specified period or periods not exceeding 5 years in the aggregate by the Governor acting in accordance with the recommendation of the Judicial Service Commission, and in any such case the judge shall accordingly be regarded as having attained the retiring age at the expiration of the specified period or periods. (4) A judge may at any time resign his office by notice in writing addressed to the Governor. (5) In this section- "judge" (法官) means a District Judge; "retiring age" (退休年齡) means- (a) in relation to a judge who was appointed to be such judge before 1 January 1987, the age of 60 years; and (b) in relation to a judge who was appointed to be such judge on or after 1 January 1987, the age of 65 years. (Added 26 of 1997 s. 4) "judge" (法官) "retiring age" (退休年齡) DISTRICT COURT ORDINANCE - SECT 12 Distribution and disposal of business of the Court VerDate:30/06/1997 (1) Subject to any rules made under this Ordinance, the Chief Justice may give such directions as he thinks fit touching the distribution and disposal of the business of the Court. (2) Subject to any such rules or directions and to the provisions of subsection (3), a judge shall sit for the disposal of business pending in the Court at such places and times as he may think fit. (Amended 21 of 1962 s. 7) (3) Any proceedings may at any time and at any stage thereof, and either with or without application from any of the parties thereto, be transferred in such manner as may be prescribed or as any such direction may authorize, from one judge to another. (Amended 21 of 1962 s. 7) (1 of 1953 s. 8 incorporated) DISTRICT COURT ORDINANCE - SECT 13 Seal of the Court VerDate:01/09/2000 (1) The Court shall use such seal as the Chief Justice directs. (2) All writs, judgments, orders, documents and copies issued by the Court shall be sealed with the seal. (3) A writ, judgment, order, document or copy purporting to be sealed with the seal of the Court is admissible in any court on its production without further proof. (Replaced 28 of 2000 s. 8) DISTRICT COURT ORDINANCE - SECT 13 Seal of the Court VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 The Court shall have a seal of a design approved by the Chief Justice, and all writs, judgments, orders and other process issuing out of the Court shall be sealed therewith. (1 of 1953 s. 9 incorporated. Amended 21 of 1962 s. 8; 25 of 1998 s. 2) DISTRICT COURT ORDINANCE - SECT 13 Seal of the Court VerDate:30/06/1997 The Court shall have a seal of a design (which shall incorporate a device and impression of the Royal Arms) approved by the Chief Justice, and all writs, judgments, orders and other process issuing out of the Court shall be sealed therewith. (1 of 1953 s. 9 incorporated. Amended 21 of 1962 s. 8) DISTRICT COURT ORDINANCE - SECT 14 Officers of the Court VerDate:08/07/2005 (1) The Chief Executive may appoint a registrar of the Court and such number of deputy registrars, assistant registrars, chief judicial clerks and bailiffs as he may think fit; and there may be attached to such court such number of clerks of the Court, clerks, interpreters and other officers as the Chief Executive may consider necessary. (Replaced 28 of 2000 s. 9) (2) In addition to any functions, powers and duties which he is by this or any other enactment enabled to exercise or required to discharge, the Registrar, and every deputy registrar, assistant registrar, bailiff, clerk of the Court, clerk, interpreter and other officer appointed or attached to the Court under the provisions of subsection (1) may exercise and discharge the like functions, powers and duties respectively insofar as the same are applicable to the business and proceedings of the Court, as those exercised and discharged by a registrar, deputy registrar, assistant registrar, bailiff, clerk of the Court, clerk, interpreter or other officer attached to the High Court. (Replaced 21 of 1962 s. 9. Amended 38 of 1965 s. 3; 92 of 1975 s. 58) (2A) The Registrar shall have and may exercise and discharge such other jurisdiction, powers and duties as may be conferred or imposed on him by or under rules of court or any other law. (Added 28 of 2000 s. 9) (2B) The deputy registrars and assistant registrars may be called Masters. (Added 28 of 2000 s. 9) (3) Any act which under this or any other enactment is required or authorized to be done by the Registrar may be performed by a deputy registrar or assistant registrar of the Court; and any process of the Court may be executed by any bailiff thereof notwithstanding that it may have been directed personally to some other bailiff. (Amended 21 of 1962 s. 9; 38 of 1965 s. 3) (4) It shall be lawful, in relation to the business and proceedings of the Court, for the Registrar of the High Court and every temporary registrar, senior deputy registrar, temporary senior deputy registrar, deputy registrar, temporary deputy registrar, assistant registrar, temporary assistant registrar and bailiff attached to the High Court to exercise any power or discharge any duty which such Registrar, temporary registrar, senior deputy registrar, temporary senior deputy registrar, deputy registrar, temporary deputy registrar, assistant registrar, temporary assistant registrar or bailiff might respectively have exercised or discharged under subsections (2) and (3) if he had been appointed or attached to the Court under subsection (1). (Replaced 28 of 2000 s. 9. Amended 10 of 2005 s. 146) (5) In the exercise of his powers and discharge of his duties under this Ordinance, any person to whom this section applies shall be subject to the same liabilities and penalties and have the benefit of the same protection as attach by virtue of the provisions of the High Court Ordinance (Cap 4) to a person exercising or discharging similar powers or duties under that Ordinance. (Amended 21 of 1962 s. 9; 28 of 2000 s. 9) (Replaced 18 of 1958 s. 3. Amended 25 of 1998 s. 2) DISTRICT COURT ORDINANCE - SECT 14 Officers of the Court VerDate:01/09/2000 (1) The Chief Executive may appoint a registrar of the Court and such number of deputy registrars, assistant registrars, chief judicial clerks and bailiffs as he may think fit; and there may be attached to such court such number of clerks of the Court, clerks, interpreters and other officers as the Chief Executive may consider necessary. (Replaced 28 of 2000 s. 9) (2) In addition to any functions, powers and duties which he is by this or any other enactment enabled to exercise or required to discharge, the Registrar, and every deputy registrar, assistant registrar, bailiff, clerk of the Court, clerk, interpreter and other officer appointed or attached to the Court under the provisions of subsection (1) may exercise and discharge the like functions, powers and duties respectively insofar as the same are applicable to the business and proceedings of the Court, as those exercised and discharged by a registrar, deputy registrar, assistant registrar, bailiff, clerk of the Court, clerk, interpreter or other officer attached to the High Court. (Replaced 21 of 1962 s. 9. Amended 38 of 1965 s. 3; 92 of 1975 s. 58) (2A) The Registrar shall have and may exercise and discharge such other jurisdiction, powers and duties as may be conferred or imposed on him by or under rules of court or any other law. (Added 28 of 2000 s. 9) (2B) The deputy registrars and assistant registrars may be called Masters. (Added 28 of 2000 s. 9) (3) Any act which under this or any other enactment is required or authorized to be done by the Registrar may be performed by a deputy registrar or assistant registrar of the Court; and any process of the Court may be executed by any bailiff thereof notwithstanding that it may have been directed personally to some other bailiff. (Amended 21 of 1962 s. 9; 38 of 1965 s. 3) (4) It shall be lawful, in relation to the business and proceedings of the Court, for the Registrar of the High Court and every deputy registrar, temporary deputy registrar, assistant registrar, temporary assistant registrar and bailiff attached to the High Court to exercise any power or discharge any duty which such Registrar, deputy registrar, temporary deputy registrar, assistant registrar, temporary assistant registrar or bailiff might respectively have exercised or discharged under subsections (2) and (3) if he had been appointed or attached to the Court under subsection (1). (Replaced 28 of 2000 s. 9) (5) In the exercise of his powers and discharge of his duties under this Ordinance, any person to whom this section applies shall be subject to the same liabilities and penalties and have the benefit of the same protection as attach by virtue of the provisions of the High Court Ordinance (Cap 4) to a person exercising or discharging similar powers or duties under that Ordinance. (Amended 21 of 1962 s. 9; 28 of 2000 s. 9) (Replaced 18 of 1958 s. 3. Amended 25 of 1998 s. 2) DISTRICT COURT ORDINANCE - SECT 14 Officer of the Court VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 (1) The Chief Executive may appoint a registrar of the Court and such number of deputy registrars, assistant registrars and bailiffs as he may think fit; and there may be attached to such court such number of clerks of the Court, clerks, interpreters and other officers as the Chief Executive may consider necessary. (Amended 21 of 1962 s. 9; 38 of 1965 s. 3) (2) In addition to any functions, powers and duties which he is by this or any other enactment enabled to exercise or required to discharge, the Registrar, and every deputy registrar, assistant registrar, bailiff, clerk of the Court, clerk, interpreter and other officer appointed or attached to the Court under the provisions of subsection (1) may exercise and discharge the like functions, powers and duties respectively insofar as the same are applicable to the business and proceedings of the Court, as those exercised and discharged by a registrar, deputy registrar, assistant registrar, bailiff, clerk of the Court, clerk, interpreter or other officer attached to the High Court. (Replaced 21 of 1962 s. 9. Amended 38 of 1965 s. 3; 92 of 1975 s. 58) (3) Any act which under this or any other enactment is required or authorized to be done by the Registrar may be performed by a deputy registrar or assistant registrar of the Court; and any process of the Court may be executed by any bailiff thereof notwithstanding that it may have been directed personally to some other bailiff. (Amended 21 of 1962 s. 9; 38 of 1965 s. 3) (4) It shall be lawful, in relation to the business and proceedings of the Court, for the Registrar of the High Court and every deputy registrar, assistant registrar and bailiff attached to the High Court to exercise any power or discharge any duty which such Registrar, deputy registrar, assistant registrar or bailiff might respectively have exercised or discharged under subsections (2) and (3) of this section if he had been appointed or attached to the Court under subsection (1) of this section. (Amended 21 of 1962 s. 9; 38 of 1965 s. 3; 92 of 1975 s. 58) (5) In the exercise of his powers and discharge of his duties under this Ordinance, any person to whom this section applies shall be subject to the same liabilities and penalties and have the benefit of the same protection as attach by virtue of the provisions of the High Court Ordinance (Cap 4), to a person exercising or discharging similar powers or duties under that Ordinance. (Amended 21 of 1962 s. 9) (Replaced 18 of 1958 s. 3. Amended 25 of 1998 s. 2) DISTRICT COURT ORDINANCE - SECT 14 Officer of the Court VerDate:30/06/1997 (1) The Governor may appoint a registrar of the Court and such number of deputy registrars, assistant registrars and bailiffs as he may think fit; and there may be attached to such court such number of clerks of the Court, clerks, interpreters and other officers as the Governor may consider necessary. (Amended 21 of 1962 s. 9; 38 of 1965 s. 3) (2) In addition to any functions, powers and duties which he is by this or any other enactment enabled to exercise or required to discharge, the Registrar, and every deputy registrar, assistant registrar, bailiff, clerk of the Court, clerk, interpreter and other officer appointed or attached to the Court under the provisions of subsection (1) may exercise and discharge the like functions, powers and duties respectively insofar as the same are applicable to the business and proceedings of the Court, as those exercised and discharged by a registrar, deputy registrar, assistant registrar, bailiff, clerk of the Court, clerk, interpreter or other officer attached to the Supreme Court. (Replaced 21 of 1962 s. 9. Amended 38 of 1965 s. 3; 92 of 1975 s. 58) (3) Any act which under this or any other enactment is required or authorized to be done by the Registrar may be performed by a deputy registrar or assistant registrar of the Court; and any process of the Court may be executed by any bailiff thereof notwithstanding that it may have been directed personally to some other bailiff. (Amended 21 of 1962 s. 9; 38 of 1965 s. 3) (4) It shall be lawful, in relation to the business and proceedings of the Court, for the Registrar of the Supreme Court and every deputy registrar, assistant registrar and bailiff attached to the Supreme Court to exercise any power or discharge any duty which such Registrar, deputy registrar, assistant registrar or bailiff might respectively have exercised or discharged under subsections (2) and (3) of this section if he had been appointed or attached to the Court under subsection (1) of this section. (Amended 21 of 1962 s. 9; 38 of 1965 s. 3; 92 of 1975 s. 58) (5) In the exercise of his powers and discharge of his duties under this Ordinance, any person to whom this section applies shall be subject to the same liabilities and penalties and have the benefit of the same protection as attach by virtue of the provisions of the Supreme Court Ordinance (Cap. 4), to a person exercising or discharging similar powers or duties under that Ordinance. (Amended 21 of 1962 s. 9) (Replaced 18 of 1958 s. 3) DISTRICT COURT ORDINANCE - SECT 14A Appointment of temporary deputy registrars VerDate:08/07/2005 Due to technical constraints, sections 14AA and 14AB of this Ordinance are placed after section 14A in the BLIS system. The correct sequence of the sections should be "14AA, 14AB, 14A". (1) The Chief Justice may appoint a person who is eligible under section 14AA to be appointed as a deputy registrar to be a temporary deputy registrar if- (Amended 10 of 2005 s. 148) (a) the office of any deputy registrar becomes vacant for any reason; or (b) he considers that the interest of the administration of justice requires that a temporary deputy registrar should be appointed. (2) Without prejudice to the generality of the power conferred on him by subsection (1), the Chief Justice may appoint a temporary deputy registrar for a specified period only. (3) A temporary deputy registrar shall, during the period for which he is appointed, have all the jurisdiction, powers and privileges, and discharge all the duties of a deputy registrar and any reference in any law to a deputy registrar shall be construed accordingly. (4) The Chief Justice may terminate the appointment of a temporary deputy registrar at any time. (5) A temporary deputy registrar may be called Master. (6) In this section and section 14C, "temporary deputy registrar" (暫委副司法常務官) means a person appointed under subsection (1) to be a temporary deputy registrar. (Added 28 of 2000 s. 10) "temporary deputy registrar" (暫委副司法常務官) DISTRICT COURT ORDINANCE - SECT 14A Appointment of temporary deputy registrars VerDate:01/09/2000 (1) The Chief Justice may appoint a person to be a temporary deputy registrar if- (a) the office of any deputy registrar becomes vacant for any reason; or (b) he considers that the interest of the administration of justice requires that a temporary deputy registrar should be appointed. (2) Without prejudice to the generality of the power conferred on him by subsection (1), the Chief Justice may appoint a temporary deputy registrar for a specified period only. (3) A temporary deputy registrar shall, during the period for which he is appointed, have all the jurisdiction, powers and privileges, and discharge all the duties of a deputy registrar and any reference in any law to a deputy registrar shall be construed accordingly. (4) The Chief Justice may terminate the appointment of a temporary deputy registrar at any time. (5) A temporary deputy registrar may be called Master. (6) In this section and section 14C, "temporary deputy registrar" (暫委副司法常務官) means a person appointed under subsection (1) to be a temporary deputy registrar. (Added 28 of 2000 s. 10) "temporary deputy registrar" (暫委副司法常務官) DISTRICT COURT ORDINANCE - SECT 14AA Professional qualifications of Registrar, deputy registrars and assistant registrars VerDate:08/07/2005 Due to technical constraints, sections 14AA and 14AB of this Ordinance are placed after section 14A in the BLIS system. The correct sequence of the sections should be "14AA, 14AB, 14A". (1) A person shall be eligible to be appointed as the Registrar, a deputy registrar or an assistant registrar if- (a) he is qualified to practise as a barrister, solicitor or advocate in a court in Hong Kong or any other common law jurisdiction having unlimited jurisdiction either in civil or criminal matters; and (b) since becoming so qualified, he has for a period of or periods totalling not less than 5 years- (i) practised as a barrister, solicitor or advocate in such a court; (ii) been a permanent magistrate appointed in accordance with section 5 of the Magistrates Ordinance (Cap 227); (iii) been a coroner appointed in accordance with section 3 of the Coroners Ordinance (Cap 504); (iv) been an adjudicator appointed in accordance with section 4 of the Small Claims Tribunal Ordinance (Cap 338); (v) been a presiding officer appointed in accordance with section 4 of the Labour Tribunal Ordinance (Cap 25); (vi) been a legal officer as defined in section 2 of the Legal Officers Ordinance (Cap 87); (vii) been the Director of Legal Aid or a Deputy Director of Legal Aid, Assistant Director of Legal Aid or Legal Aid Officer, appointed in accordance with section 3 of the Legal Aid Ordinance (Cap 91); (viii) been the Official Receiver or an Assistant Official Receiver (Legal), Assistant Principal Solicitor, Senior Solicitor or Solicitor, appointed in accordance with section 75 of the Bankruptcy Ordinance (Cap 6); or (ix) been the Director of Intellectual Property or a Deputy Director of Intellectual Property, Assistant Director of Intellectual Property, Senior Solicitor or Solicitor, appointed in accordance with section 3 of the Director of Intellectual Property (Establishment) Ordinance (Cap 412). (2) For the purposes of calculating the period of 5 years referred to in subsection (1)(b)- (a) periods of less than 5 years falling within any of the subparagraphs of that subsection may be combined; (b) periods served in an office specified in Part I of the First Schedule to the repealed Registrar General (Establishment) Ordinance (Cap 100) may be taken into account notwithstanding the repeal of that Ordinance. (Added 10 of 2005 s. 147) DISTRICT COURT ORDINANCE - SECT 14AB Appointment of temporary registrar VerDate:08/07/2005 Due to technical constraints, sections 14AA and 5AB of this Ordinance are placed after section 14A in the BLIS system. The correct sequence of the sections should be "14AA, 14AB, 14A". (1) The Chief Justice may appoint a person who is eligible under section 14AA to be appointed as the Registrar to be a temporary registrar if- (a) the office of the Registrar becomes vacant for any reason; or (b) he considers that the interest of the administration of justice requires that a temporary registrar should be appointed. (2) Without prejudice to the generality of the power conferred on him by subsection (1), the Chief Justice may appoint a temporary registrar for a specified period only. (3) The Chief Justice may terminate the appointment of a temporary registrar at any time. (4) In this section and section 14C, "temporary registrar" (暫委司法常務 官) means a person appointed under subsection (1) to be a temporary registrar. (Added 10 of 2005 s. 147) "temporary registrar" (暫委司法常務官) DISTRICT COURT ORDINANCE - SECT 14B Appointment of temporary assistant registrars VerDate:08/07/2005 (1) The Chief Justice may appoint a person who is eligible under section 14AA to be appointed as an assistant registrar to be a temporary assistant registrar if- (Amended 10 of 2005 s. 149) (a) the office of any assistant registrar becomes vacant for any reason; or (b) he considers that the interest of the administration of justice requires that a temporary assistant registrar should be appointed. (2) Without prejudice to the generality of the power conferred on him by subsection (1), the Chief Justice may appoint a temporary assistant registrar for a specified period only. (3) A temporary assistant registrar shall, during the period for which he is appointed, have all the jurisdiction, powers and privileges, and discharge all the duties of an assistant registrar and any reference in any law to an assistant registrar shall be construed accordingly. (4) The Chief Justice may terminate the appointment of a temporary assistant registrar at any time. (5) A temporary assistant registrar may be called Master. (6) In this section and section 14C, "temporary assistant registrar" (暫委助理司法常務官) means a person appointed under subsection (1) to be a temporary assistant registrar. (Added 28 of 2000 s. 10) "temporary assistant registrar" (暫委助理司法常務官) DISTRICT COURT ORDINANCE - SECT 14B Appointment of temporary assistant registrars VerDate:01/09/2000 (1) The Chief Justice may appoint a person to be a temporary assistant registrar if- (a) the office of any assistant registrar becomes vacant for any reason; or (b) he considers that the interest of the administration of justice requires that a temporary assistant registrar should be appointed. (2) Without prejudice to the generality of the power conferred on him by subsection (1), the Chief Justice may appoint a temporary assistant registrar for a specified period only. (3) A temporary assistant registrar shall, during the period for which he is appointed, have all the jurisdiction, powers and privileges, and discharge all the duties of an assistant registrar and any reference in any law to an assistant registrar shall be construed accordingly. (4) The Chief Justice may terminate the appointment of a temporary assistant registrar at any time. (5) A temporary assistant registrar may be called Master. (6) In this section and section 14C, "temporary assistant registrar" (暫委助理司法常務官) means a person appointed under subsection (1) to be a temporary assistant registrar. (Added 28 of 2000 s. 10) "temporary assistant registrar" (暫委助理司法常務官) DISTRICT COURT ORDINANCE - SECT 14C Powers of temporary registrar, etc. in case which is part-heard on termination of appointment VerDate:08/07/2005 (1) If the hearing of any proceedings before a temporary registrar is adjourned or if he reserves judgment in any proceedings, the temporary registrar shall have power to resume the hearing and determine the proceedings or deliver judgment, notwithstanding that his appointment as a temporary registrar has expired or has been terminated. (2) Subsection (1) shall apply to a temporary deputy registrar or temporary assistant registrar as it applies to a temporary registrar. (Added 28 of 2000 s. 10. Amended 10 of 2005 s. 150) DISTRICT COURT ORDINANCE - SECT 14C Powers of temporary deputy registrars, etc. in case which is part-heard on termination of appointment VerDate:01/09/2000 (1) If the hearing of any proceedings before a temporary deputy registrar is adjourned or if he reserves judgment in any proceedings, the temporary deputy registrar shall have power to resume the hearing and determine the proceedings or deliver judgment, notwithstanding that his appointment as a temporary deputy registrar has expired or has been terminated. (2) Subsection (1) shall apply to a temporary assistant registrar as it applies to a temporary deputy registrar. (Added 28 of 2000 s. 10) DISTRICT COURT ORDINANCE - SECT 15 Right of audience VerDate:11/07/2008 (1) In any proceedings in the Court, any of the following persons may address the Court, namely- (a) any party to the proceedings; (b) a barrister qualified to practise in the High Court and retained by or on behalf of any party; (Amended 25 of 1998 s. 2) (c) a solicitor qualified to practise in the High Court and acting generally in the proceedings for a party thereto, but not a solicitor retained as an advocate by a solicitor so acting; (Amended 25 of 1998 s. 2) (d) any other person allowed by leave of the Court to appear instead of a party to the proceedings. (Amended 28 of 2000 s. 11) (1A) The right of a solicitor to address the Court is not excluded by reason only of the fact that he is in the permanent and exclusive employment of any other solicitor. (Added 28 of 2000 s. 11) (2) No person other than a solicitor shall be entitled to have or to recover any fee or reward for appearing or acting on behalf of any other party in any proceedings in the Court. (Amended 28 of 2000 s. 11) (2A) The right of a barrister to appear or to act in the Court or of a solicitor to recover costs for the employment of a barrister to appear or to act is not affected by anything in this Ordinance. (Added 28 of 2000 s. 11) (3) (Repealed 25 of 2008 s. 7) (Replaced 21 of 1962 s. 10) DISTRICT COURT ORDINANCE - SECT 15 Right of audience VerDate:01/09/2000 (1) In any proceedings in the Court, any of the following persons may address the Court, namely- (a) any party to the proceedings; (b) a barrister qualified to practise in the High Court and retained by or on behalf of any party; (Amended 25 of 1998 s. 2) (c) a solicitor qualified to practise in the High Court and acting generally in the proceedings for a party thereto, but not a solicitor retained as an advocate by a solicitor so acting; (Amended 25 of 1998 s. 2) (d) any other person allowed by leave of the Court to appear instead of a party to the proceedings. (Amended 28 of 2000 s. 11) (1A) The right of a solicitor to address the Court is not excluded by reason only of the fact that he is in the permanent and exclusive employment of any other solicitor. (Added 28 of 2000 s. 11) (2) No person other than a solicitor shall be entitled to have or to recover any fee or reward for appearing or acting on behalf of any other party in any proceedings in the Court. (Amended 28 of 2000 s. 11) (2A) The right of a barrister to appear or to act in the Court or of a solicitor to recover costs for the employment of a barrister to appear or to act is not affected by anything in this Ordinance. (Added 28 of 2000 s. 11) (3) In criminal proceedings in the Court, any public officer or member of a class of public officers appointed by the Secretary for Justice to act as public prosecutor may conduct generally on behalf of the Secretary for Justice any prosecution or specified class of prosecutions or any particular case before the Court and any public prosecutor so appointed may, without any written authority, appear before a judge upon any proceedings in any case of which he is in charge. (Amended L.N. 362 of 1997) (Replaced 21 of 1962 s. 10) DISTRICT COURT ORDINANCE - SECT 15 Right of audience VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 (1) In any proceedings in the Court, any of the following persons may address the Court, namely- (a) any party to the proceedings; (b) a barrister qualified to practise in the High Court and retained by or on behalf of any party; (Amended 25 of 1998 s. 2) (c) a solicitor qualified to practise in the High Court and acting generally in the proceedings for a party thereto, but not a solicitor retained as an advocate by a solicitor so acting; (Amended 25 of 1998 s. 2) (d) any other person allowed by leave of the Court to appear instead of a party to the proceedings: Provided that the right of a solicitor to address the Court shall not be excluded by reason only that he is in the permanent and exclusive employment of any other solicitor. (2) No person other than a solicitor shall be entitled to have or to recover any fee or reward for appearing or acting on behalf of any other party in any proceedings in the Court: Provided that nothing in this Ordinance shall affect the right of any barrister to appear or to act in the Court or of any solicitor to recover costs in respect of his employment of a barrister to appear or to act as aforesaid. (3) In criminal proceedings in the Court, any public officer or member of a class of public officers appointed by the Secretary for Justice to act as public prosecutor may conduct generally on behalf of the Secretary for Justice any prosecution or specified class of prosecutions or any particular case before the Court and any public prosecutor so appointed may, without any written authority, appear before a judge upon any proceedings in any case of which he is in charge. (Amended L.N. 362 of 1997) (Replaced 21 of 1962 s. 10) DISTRICT COURT ORDINANCE - SECT 15 Right of audience VerDate:30/06/1997 (1) In any proceedings in the Court, any of the following persons may address the Court, namely- (a) any party to the proceedings; (b) a barrister qualified to practise in the Supreme Court and retained by or on behalf of any party; (c) a solicitor qualified to practise in the Supreme Court and acting generally in the proceedings for a party thereto, but not a solicitor retained as an advocate by a solicitor so acting; (d) any other person allowed by leave of the Court to appear instead of a party to the proceedings: Provided that the right of a solicitor to address the Court shall not be excluded by reason only that he is in the permanent and exclusive employment of any other solicitor. (2) No person other than a solicitor shall be entitled to have or to recover any fee or reward for appearing or acting on behalf of any other party in any proceedings in the Court: Provided that nothing in this Ordinance shall affect the right of any barrister to appear or to act in the Court or of any solicitor to recover costs in respect of his employment of a barrister to appear or to act as aforesaid. (3) In criminal proceedings in the Court, any public officer or member of a class of public officers appointed by the Attorney General to act as public prosecutor may conduct generally on behalf of the Attorney General any prosecution or specified class of prosecutions or any particular case before the Court and any public prosecutor so appointed may, without any written authority, appear before a judge upon any proceedings in any case of which he is in charge. (Replaced 21 of 1962 s. 10) DISTRICT COURT ORDINANCE - SECT 16 Prohibition of proceedings in error VerDate:30/06/1997 No proceedings in error shall be taken upon any proceeding under the provisions of this Ordinance. (1 of 1953 s. 12 incorporated) DISTRICT COURT ORDINANCE - SECT 17 District Court Rules Committee VerDate:08/07/2005 (1) There shall be a District Court Rules Committee consisting of the Chief Judge, 3 District Judges appointed by the Chief Judge, a barrister nominated by the Hong Kong Bar Association, a solicitor nominated by the Law Society of Hong Kong and the Registrar. (Amended 79 of 1981 s. 11) (2) At any meeting of the Rules Committee, 3 members, one of whom is either such a barrister or such a solicitor, shall be a quorum. (3) The Rules Committee shall be convened by or at the direction of the Chief Judge. (4) The Chairman of the Rules Committee shall be the Chief Judge or, in his absence, the senior District Judge present at the meeting. (Replaced 21 of 1962 s. 11. Amended 10 of 2005 s. 10) DISTRICT COURT ORDINANCE - SECT 17 District Court Rules Committee VerDate:30/06/1997 (1) There shall be a District Court Rules Committee consisting of the Chief Justice, 3 District Judges appointed by the Chief Justice, a barrister nominated by the Hong Kong Bar Association, a solicitor nominated by the Law Society of Hong Kong and the Registrar. (Amended 79 of 1981 s. 11) (2) At any meeting of the Rules Committee, 3 members, one of whom is either such a barrister or such a solicitor, shall be a quorum. (3) The Rules Committee shall be convened by or at the direction of the Chief Justice. (4) The Chairman of the Rules Committee shall be the Chief Justice or, in his absence, the senior District Judge present at the meeting. (Replaced 21 of 1962 s. 11) DISTRICT COURT ORDINANCE - SECT 18 Transfer of unclaimed moneys in Court VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 PART III PROVISIONS APPLICABLE TO BOTH CIVIL AND CRIMINAL PROCEEDINGS (1) When any sum of money remains unclaimed in the Court for a period of 5 years, the Chief Justice may, on application by the Registrar of the High Court, order such sum to be transferred to the general revenue of the Government. (Amended 25 of 1998 s. 2) (2) Before making any order under subsection (1) the Chief Justice may direct that such notice, if any, as he thinks necessary shall be given and to such parties as he may think fit. (Added 71 of 1971 s . 3) DISTRICT COURT ORDINANCE - SECT 18 Transfer of unclaimed moneys in Court VerDate:30/06/1997 PART III PROVISIONS APPLICABLE TO BOTH CIVIL AND CRIMINAL PROCEEDINGS (1) When any sum of money remains unclaimed in the Court for a period of 5 years, the Chief Justice may, on application by the Registrar of the Supreme Court, order such sum to be transferred to the general revenue of the Colony. (2) Before making any order under subsection (1) the Chief Justice may direct that such notice, if any, as he thinks necessary shall be given and to such parties as he may think fit. (Added 71 of 1971 s . 3) DISTRICT COURT ORDINANCE - SECT 19 (Repealed 59 of 1981 s. 4) VerDate:30/06/1997 DISTRICT COURT ORDINANCE - SECT 20 Committal for contempt VerDate:01/09/2000 If any person- (a) wilfully insults a judge or a witness or any officer of the Court during his sitting or attendance in court, or in going to or returning from the Court; or (b) wilfully interrupts the proceedings of the Court or commits contempt of the Court or otherwise misbehaves in court, any officer of the Court, with or without the assistance of any other person may, by order of the judge, take the offender into custody and detain him until the rising of the Court and the judge may if he thinks fit- (i) by a warrant under his hand commit the offender to prison for a specified period not exceeding 2 years; or (Amended 25 of 1972 s. 2) (ii) impose upon the offender a fine for every such offence. (Amended 28 of 2000 s. 12) (Replaced 21 of 1962 s. 12. Amended 59 of 1981 s. 4) DISTRICT COURT ORDINANCE - SECT 20 Committal for contempt VerDate:30/06/1997 If any person- (a) wilfully insults a judge or a witness or any officer of the Court during his sitting or attendance in court, or in going to or returning from the Court; or (b) wilfully interrupts the proceedings of the Court or commits contempt of the Court or otherwise misbehaves in court, any officer of the Court, with or without the assistance of any other person may, by order of the judge, take the offender into custody and detain him until the rising of the Court and the judge may if he thinks fit- (i) by a warrant under his hand commit the offender to prison for a specified period not exceeding 2 years; or (Amended 25 of 1972 s. 2) (ii) impose upon the offender a fine not exceeding $5000 for every such offence. (Replaced 21 of 1962 s. 12. Amended 59 of 1981 s. 4) DISTRICT COURT ORDINANCE - SECT 21 (Repealed 13 of 1995 s. 46) VerDate:30/06/1997 DISTRICT COURT ORDINANCE - SECT 22 Enforcement of liability for fees VerDate:30/06/1997 In default of the payment of any fees which have been prescribed, payment thereof shall be enforced, by order of the Court, in like manner as payment of any debt adjudged by the Court to be paid. (Replaced 21 of 1962 s. 12) DISTRICT COURT ORDINANCE - SECT 23 Enforcement of fines and forfeited recognizances VerDate:01/09/2000 "fine" (罰款) (1) The Court may enforce a fine imposed, or a recognizance forfeited, by it in the same manner as a judgment for the payment of money. (2) The Court shall certify to the Registrar the sum payable if a fine or recognizance is not paid in full when it is due and the Registrar shall enforce the payment of the sum certified as a judgment debt due to the Court. (3) In this section, "fine" (罰款) includes a penalty imposed in civil proceedings and payable to the Court. (Replaced 28 of 2000 s. 13) DISTRICT COURT ORDINANCE - SECT 23 Enforcement of fines VerDate:30/06/1997 Payment of any fine imposed by a Court under this Ordinance may, upon the expiration of the time limited for payment thereof, be enforced upon the order of a judge- (a) in like manner as payment of any debt adjudged by the Court to be paid; or (b) if the judge thinks fit, by committal of the offender to prison for a specified period not exceeding 14 days. (Replaced 21 of 1962 s. 12) DISTRICT COURT ORDINANCE - SECT 24 Enforcement of orders and warrants for imprisonment VerDate:30/06/1997 Whenever any order or warrant for the committal of any person to prison is made or issued by the Court or a judge, the order or warrant shall be directed to the Registrar who shall thereby be empowered to take the body of the person against whom the order is made on the warrant issued and it shall be the duty- (a) of every police officer to assist in the execution of every such order or warrant; and (b) of the officer in charge of the prison mentioned in any such order or warrant to receive and keep the person therein mentioned until he is lawfully discharged. (Replaced 21 of 1962 s. 12) DISTRICT COURT ORDINANCE - SECT 25 Registrar to take charge of fees, etc. VerDate:01/09/2000 There shall be paid to the Registrar- (a) all fees payable under this Ordinance or under any other enactment, in respect of any proceedings in the Court; (b) all forfeitures so imposed; and (c) all fines so imposed. (Replaced 28 of 2000 s. 14) (Added 21 of 1962 s. 12) DISTRICT COURT ORDINANCE - SECT 25 Registrar to take charge of fees, etc. VerDate:30/06/1997 There shall be paid to the Registrar- (a) all fees payable under this Ordinance or under any other enactment, in respect of any proceedings in the Court; (b) all forfeitures so imposed; and (c) all fines so imposed, except so much of a fine as by virtue of section 19(3), is directed to be applied towards indemnifying a party injured. (Added 21 of 1962 s. 12) DISTRICT COURT ORDINANCE - SECT 26 (Repealed 28 of 2000 s. 15) VerDate:01/09/2000 DISTRICT COURT ORDINANCE - SECT 26 Officer illegally demanding fees VerDate:30/06/1997 Any Officer of the Court who directly or indirectly asks for or receives any fee or gratuity, not authorized by law in respect of any of the duties of his office shall be guilty of an offence and shall be liable- (a) on summary conviction to a fine of $2000 and to imprisonment for 2 years; or (b) on conviction on indictment to imprisonment for 7 years. (Replaced 21 of 1962 s. 12) DISTRICT COURT ORDINANCE - SECT 27 Falsely pretending to act under authority of the Court VerDate:01/09/2000 Any person who- (a) delivers or causes to be delivered to any other person any paper falsely purporting to be a copy of any summons or other process of the Court, knowing it to be false; or (b) acts or professes to act under any false colour or pretence of the process or authority of the Court, shall be guilty of an offence and shall be liable- (i) on summary conviction to a fine at level 6 and to imprisonment for 2 years; or (Amended 28 of 2000 s. 16) (ii) on conviction on indictment to imprisonment for 7 years. (Added 21 of 1962 s. 12) DISTRICT COURT ORDINANCE - SECT 27 Falsely pretending to act under authority of the Court VerDate:30/06/1997 Any person who- (a) delivers or causes to be delivered to any other person any paper falsely purporting to be a copy of any summons or other process of the Court, knowing it to be false; or (b) acts or professes to act under any false colour or pretence of the process or authority of the Court, shall be guilty of an offence and shall be liable- (i) on summary conviction to a fine of $2000 and to imprisonment for 2 years; or (ii) on conviction on indictment to imprisonment for 7 years. (Added 21 of 1962 s. 12) DISTRICT COURT ORDINANCE - SECT 28 Falsely representing documents to have been issued from the Court VerDate:01/09/2000 Without prejudice to the provisions of section 27 any person who knowingly delivers or causes to be delivered to any person any document which not having been issued under the authority of the Court has, by reason of its form or contents or both, the appearance of having been issued under such authority shall be guilty of an offence and shall be liable on summary conviction to a fine at level 5 and to imprisonment for 12 months. (Replaced 21 of 1962 s. 12. Amended L.N. 446 of 1994; L.N. 307 of 1998; 28 of 2000 s. 17) DISTRICT COURT ORDINANCE - SECT 28 Falsely representing documents to have been issued from the Court VerDate:04/09/1998 Without prejudice to the provisions of section 27 any person who knowingly delivers or causes to be delivered to any person any document which not having been issued under the authority of the Court has, by reason of its form or contents or both, the appearance of having been issued under such authority shall be guilty of an offence and shall be liable on summary conviction to a fine of $5000 and to imprisonment for 12 months. (Replaced 21 of 1962 s. 12. Amended L.N. 446 of 1994; L.N. 307 of 1998) DISTRICT COURT ORDINANCE - SECT 28 Falsely representing documents to have been issued from the Court VerDate:30/06/1997 Without prejudice to the provisions of section 27 any person who knowingly delivers or causes to be delivered to any person any document which not having been issued under the authority of the Court has, by reason of its form or contents or both, the appearance of having been issued under such authority shall be guilty of an offence and shall be liable on summary conviction to a fine of $5000 and to imprisonment for 12 months. (Replaced 21 of 1962 s. 12. Amended L.N. 446 of 1994) DISTRICT COURT ORDINANCE - SECT 29 Rescuing goods VerDate:01/09/2000 Any person who rescues or attempts to rescue any goods seized in execution under process of the Court or seized under a distress for rent shall be guilty of an offence and shall be liable- (a) on summary conviction to a fine at level 5 and to imprisonment for 12 months; or (Replaced 28 of 2000 s. 18) (b) on conviction on indictment to imprisonment for 2 years. (Replaced 28 of 2000 s. 18) (Added 21 of 1962 s. 12) DISTRICT COURT ORDINANCE - SECT 29 Rescuing goods VerDate:30/06/1997 Any person who rescues or attempts to rescue any goods seized in execution under process of the Court or seized under a distress for rent shall be guilty of an offence and shall be liable- (a) on summary conviction to a fine of $1000 and to imprisonment for 12 months; or (b) on an order made by a judge in that behalf, to be committed to prison for a specified period not exceeding 1 month and to a fine of $1000, and a bailiff of the Court may take the offender into custody, with or without warrant, and bring him before a judge. (Added 21 of 1962 s. 12) DISTRICT COURT ORDINANCE - SECT 30 Assaulting officers VerDate:01/09/2000 Any person who assaults, resists or obstructs an officer of the Court while in the execution of his duty shall be liable- (a) on summary conviction to a fine at level 5 and to imprisonment for 12 months; or (Replaced 28 of 2000 s. 19) (b) on conviction on indictment to imprisonment for 2 years. (Replaced 28 of 2000 s. 19) (Replaced 21 of 1962 s. 12) DISTRICT COURT ORDINANCE - SECT 30 Assaulting officers VerDate:30/06/1997 Any person who assaults, resists or obstructs an officer of the Court while in the execution of his duty shall be liable- (a) on summary conviction to a fine of $1000 and to imprisonment for 12 months; or (b) on an order made by a judge in that behalf, to be committed to prison for a specified period not exceeding 1 month and to a fine of $1000, and a bailiff of the Court may take the offender into custody, with or without warrant, and bring him before a judge. (Replaced 21 of 1962 s. 12) DISTRICT COURT ORDINANCE - SECT 31 Revocation of committal order VerDate:01/09/2000 A judge may at any time revoke an order committing a person to prison under section 20 or 23 and, if he is already in custody, order his discharge. (Added 21 of 1962 s. 12. Amended 28 of 2000 s. 20) DISTRICT COURT ORDINANCE - SECT 31 Revocation of committal order VerDate:30/06/1997 A judge may at any time revoke an order committing a person to prison under section 20, 21, 23, 29 or 30 and, if he is already in custody, order his discharge. (Added 21 of 1962 s. 12) DISTRICT COURT ORDINANCE - SECT 32 General jurisdiction in actions of contract, quasi-contract and tort VerDate:01/12/2003 PART IV CIVIL JURISDICTION AND PROCEDURE Jurisdiction-General (1) The Court has jurisdiction to hear and determine any action founded on contract, quasi-contract or tort where the amount of the plaintiff's claim does not exceed $1000000. (2) In this section and in section 34, the amount of the plaintiff's claim means the amount the plaintiff claims after taking into account- (a) any set-off or any debt or demand the defendant claims or may recover from the plaintiff; (b) any compensation, as defined in section 3 of the Employees' Compensation Ordinance (Cap 282), paid to the plaintiff under that Ordinance; and (c) any contributory negligence, that the plaintiff admits in his statement of claim. (3) The Court has jurisdiction to hear and determine any proceedings by way of interpleader in which the amount or value of the matter in dispute does not exceed $1000000. (Replaced 28 of 2000 s. 21. Amended L.N. 241 of 2003) DISTRICT COURT ORDINANCE - SECT 32 General jurisdiction in actions of contract, quasi-contract and tort VerDate:01/09/2000 PART IV CIVIL JURISDICTION AND PROCEDURE Jurisdiction-General (1) The Court has jurisdiction to hear and determine any action founded on contract, quasi-contract or tort where the amount of the plaintiff's claim does not exceed $600000. (2) In this section and in section 34, the amount of the plaintiff's claim means the amount the plaintiff claims after taking into account- (a) any set-off or any debt or demand the defendant claims or may recover from the plaintiff; (b) any compensation, as defined in section 3 of the Employees' Compensation Ordinance (Cap 282), paid to the plaintiff under that Ordinance; and (c) any contributory negligence, that the plaintiff admits in his statement of claim. (3) The Court has jurisdiction to hear and determine any proceedings by way of interpleader in which the amount or value of the matter in dispute does not exceed $600000. (Replaced 28 of 2000 s. 21) DISTRICT COURT ORDINANCE - SECT 32 General jurisdiction in actions of contract and tort VerDate:30/06/1997 PART IV CIVIL JURISDICTION AND PROCEDURE Jurisdiction-General (1) The Court shall have jurisdiction to hear and determine any action founded on contract or tort where the debt, demand or damage claimed is not more than $120000, whether on balance of account or otherwise: Provided that the Court shall not, except as is provided in this Ordinance or by any other enactment, have jurisdiction to hear and determine- (a) any action for the recovery of land; or (b) any action in which the title to any hereditament is in question. (2) The Court shall have jurisdiction to hear and determine any action where the debt or demand claimed consists of a balance not exceeding $120000 after a set-off of any debt or demand claimed or recoverable by the defendant from the plaintiff, being a set-off admitted by the plaintiff in the particulars of his claim or demand. (22 of 1962 s. 3 incorporated. Amended 35 of 1966 s. 2; 68 of 1973 s. 2; 79 of 1981 s. 2; L.N. 387 of 1983; 49 of 1988 s. 4) DISTRICT COURT ORDINANCE - SECT 33 Money recoverable by enactment VerDate:01/12/2003 (1) The Court has jurisdiction to hear and determine any action for the recovery of any penalty, expenses, contribution or other like demand which is recoverable by virtue of any enactment for the time being in force and for the recovery of any sum which is declared by any enactment to be recoverable as a civil debt if- (Amended 28 of 2000 s. 22) (a) it is not expressly provided by that or any other enactment that the demand shall be recoverable only in some other court; and (b) the amount claimed in the action does not exceed $1000000. (Amended 35 of 1966 s. 2; 68 of 1973 s. 2; 79 of 1981 s. 2; L.N. 387 of 1983; 49 of 1988 s. 4; L.N. 241 of 2003) (2) For the purposes of this section, "penalty" (罰金) does not include a fine to which any person is liable on conviction on indictment or on summary conviction. (22 of 1962 s. 4 incorporated. Amended 28 of 2000 s. 22) "penalty" (罰金) DISTRICT COURT ORDINANCE - SECT 33 Money recoverable by enactment VerDate:01/09/2000 (1) The Court has jurisdiction to hear and determine any action for the recovery of any penalty, expenses, contribution or other like demand which is recoverable by virtue of any enactment for the time being in force and for the recovery of any sum which is declared by any enactment to be recoverable as a civil debt if- (a) it is not expressly provided by that or any other enactment that the demand shall be recoverable only in some other court; and (b) the amount claimed in the action does not exceed $600000. (Amended 35 of 1966 s. 2; 68 of 1973 s. 2; 79 of 1981 s. 2; L.N. 387 of 1983; 49 of 1988 s. 4) (2) For the purposes of this section, "penalty" (罰金) does not include a fine to which any person is liable on conviction on indictment or on summary conviction. (22 of 1962 s. 4 incorporated. Amended 28 of 2000 s. 22) "penalty" (罰金) DISTRICT COURT ORDINANCE - SECT 33 Money recoverable by enactment VerDate:30/06/1997 (1) The Court shall have jurisdiction to hear and determine any action for the recovery of any penalty, expenses, contribution or other like demand which is recoverable by virtue of any enactment for the time being in force and for the recovery of any sum which is declared by any enactment to be recoverable as a civil debt if- (a) it is not expressly provided by that or any other enactment that the demand shall be recoverable only in some other court; and (b) the amount claimed in the action does not exceed $120000. (Amended 35 of 1966 s. 2; 68 of 1973 s. 2; 79 of 1981 s. 2; L.N. 387 of 1983; 49 of 1988 s. 4) (2) For the purposes of this section, "penalty" (罰金) shall not include a fine to which any person is liable on conviction on indictment or on summary conviction. (22 of 1962 s. 4 incorporated) "penalty" (罰金) DISTRICT COURT ORDINANCE - SECT 34 Abandonment of part of claim to give Court jurisdiction VerDate:01/09/2000 (1) The Court has jurisdiction to hear and determine an action that is in excess of the Court's monetary jurisdiction limit on the plaintiff abandoning the amount of the plaintiff's claim in excess and the action is one in which the Court otherwise has jurisdiction. (2) The Court cannot award to the plaintiff in an action under this section an amount exceeding the Court's monetary jurisdiction limit for the action. (3) The judgment of the Court in an action limited under this section is in full discharge of all demands in the cause of action. (Replaced 28 of 2000 s. 23) DISTRICT COURT ORDINANCE - SECT 34 Abandonment of part claim to give court jurisdiction VerDate:30/06/1997 (1) Where a plaintiff has a cause of action for more than $120000 in which, if it were for not more than $120000, the Court would have jurisdiction, the plaintiff may abandon the excess, and thereupon the Court shall have jurisdiction to hear and determine the action, so, however, that the plaintiff shall not recover in the action an amount exceeding $120000. (Amended 35 of 1966 s. 2; 68 of 1973 s. 2; 79 of 1981 s. 2; L.N. 387 of 1983; 49 of 1988 s. 4) (2) Where the Court has jurisdiction to hear and determine an action by virtue of this section, the judgment of the Court in the action shall be in full discharge of all demands in respect of the cause of action, and entry of the judgment shall be deemed to be made accordingly. (22 of 1962 s. 5 incorporated) DISTRICT COURT ORDINANCE - SECT 35 Jurisdiction for recovery of land VerDate:01/09/2000 The Court has jurisdiction to hear and determine any action for the recovery of land, where the annual rent or the rateable value of the land, determined in accordance with the Rating Ordinance (Cap 116), or the annual value of the land, whichever is the least, does not exceed $240000. (Replaced 28 of 2000 s. 23) DISTRICT COURT ORDINANCE - SECT 35 Jurisdiction for recovery of land VerDate:30/06/1997 Subject to the provisions of Part I of the Landlord and Tenant (Consolidation) Ordinance (Cap 7), the Court shall have jurisdiction to hear and determine any action for the recovery of land where the annual rent or the rateable value, determined in accordance with the provisions of the Rating Ordinance (Cap 116), or the annual value of the land, whichever is the least, does not exceed $100000. (22 of 1962 s. 6 incorporated. Amended 68 of 1973 s. 3; 79 of 1981 s. 2; L.N. 387 of 1983; 49 of 1988 s. 4) DISTRICT COURT ORDINANCE - SECT 36 Jurisdiction where title in question VerDate:01/09/2000 The Court has jurisdiction to hear and determine any action which would otherwise be within the jurisdiction of the Court and in which the title to an interest in land comes into question if- (a) for an easement or licence, the rateable value, determined in accordance with the Rating Ordinance (Cap 116) or the annual value, whichever is the less, of the land, over which the easement or licence is claimed, does not exceed $240000; or (b) for any other case, the rateable value, determined in accordance with the Rating Ordinance (Cap 116) or the annual value, whichever is the less, of the land, does not exceed $240000. (Replaced 28 of 2000 s. 23) DISTRICT COURT ORDINANCE - SECT 36 Jurisdiction where title in question VerDate:30/06/1997 The Court shall have jurisdiction to hear and determine any action in which the title to any hereditament comes in question, being an action which would otherwise be within the jurisdiction of the Court- (a) in the case of an easement or licence, if the rateable value determined in accordance with the provisions of the Rating Ordinance (Cap 116) or the annual value, whichever is the less, of the hereditament in respect of which the easement or licence is claimed, or on, through, over or under which the easement or licence is claimed does not exceed $100000; or (b) in any other case if such rateable value or the annual value, whichever is the less, of the hereditament in question does not exceed $100000. (22 of 1962 s. 7 incorporated. Amended 68 of 1973 s. 3; 79 of 1981 s. 2; L.N. 387 of 1983; 49 of 1988 s. 4) DISTRICT COURT ORDINANCE - SECT 37 Equity jurisdiction VerDate:01/12/2003 (1) Subject to the maximum limits in amount or value set out in subsection (2), the Court has the jurisdiction of the Court of First Instance to hear and determine the following proceedings- (a) proceedings relating to or for the administration of the estate of a deceased person; (b) proceedings for the execution of a trust or for the declaration that a trust subsists or proceedings under section 3 of the Variation of Trusts Ordinance (Cap 253); (c) proceedings for the foreclosure or redemption of a mortgage or for enforcing a charge or lien; (d) proceedings for the specific performance, or for the rectification, rescission or delivery up or cancellation of an agreement for the sale, purchase or lease of property; (e) proceedings for the maintenance or advancement of an infant; (f) proceedings for the dissolution or winding up of a partnership, whether or not the existence of the partnership is in dispute; (g) proceedings for relief against fraud or mistake. (2) The maximum limits in amount or value referred to in subsection (1) for- (a) in the case of subsection (1)(a), an estate of a deceased person; (b) in the case of subsection (1)(b), an estate or fund subject or alleged to be subject to the trust; (c) in the case of subsection (1)(c), the amount owing under the mortgage, charge or lien; (d) in the case of subsection (1)(d), for an agreement for sale or purchase, the purchase money or, for an agreement for lease, the value of the property; (e) in the case of subsection (1)(e), the property of the infant; (f) in the case of subsection (1)(f), the assets of the partnership; (g) in the case of subsection (1)(g), the damage sustained or the estate or fund for which relief is sought, are- (i) $1000000, where the proceedings do not involve or relate to land; (Amended L.N. 241 of 2003) (ii) $1000000, where the proceedings partly involve or partly relate to land and the part that does not so involve or does not so relate exceeds $1000000 in amount or value; (Amended L.N. 241 of 2003) (iii) $3000000, where the proceedings wholly involve or wholly relate to land; (iv) $3000000, where the proceedings partly involve or partly relate to land and the part that does not so involve or does not so relate does not exceed $1000000 in amount or value. (Amended L.N. 241 of 2003) (3) A judge has in proceedings authorized by this section in addition to his other powers and authority the powers and authorities of a judge of the Court of First Instance acting in the exercise of the equitable jurisdiction of the Court of First Instance. (4) Nothing in this section gives jurisdiction to the Court in proceedings for the recovery of land or relating to the title to land, where the annual rent or the rateable value of the land, determined in accordance with the Rating Ordinance (Cap 116), or the annual value of the land, whichever is the least, exceeds $240000. (Replaced 28 of 2000 s. 23) DISTRICT COURT ORDINANCE - SECT 37 Equity jurisdiction VerDate:01/09/2000 (1) Subject to the maximum limits in amount or value set out in subsection (2), the Court has the jurisdiction of the Court of First Instance to hear and determine the following proceedings- (a) proceedings relating to or for the administration of the estate of a deceased person; (b) proceedings for the execution of a trust or for the declaration that a trust subsists or proceedings under section 3 of the Variation of Trusts Ordinance (Cap 253); (c) proceedings for the foreclosure or redemption of a mortgage or for enforcing a charge or lien; (d) proceedings for the specific performance, or for the rectification, rescission or delivery up or cancellation of an agreement for the sale, purchase or lease of property; (e) proceedings for the maintenance or advancement of an infant; (f) proceedings for the dissolution or winding up of a partnership, whether or not the existence of the partnership is in dispute; (g) proceedings for relief against fraud or mistake. (2) The maximum limits in amount or value referred to in subsection (1) for- (a) in the case of subsection (1)(a), an estate of a deceased person; (b) in the case of subsection (1)(b), an estate or fund subject or alleged to be subject to the trust; (c) in the case of subsection (1)(c), the amount owing under the mortgage, charge or lien; (d) in the case of subsection (1)(d), for an agreement for sale or purchase, the purchase money or, for an agreement for lease, the value of the property; (e) in the case of subsection (1)(e), the property of the infant; (f) in the case of subsection (1)(f), the assets of the partnership; (g) in the case of subsection (1)(g), the damage sustained or the estate or fund for which relief is sought, are- (i) $600000, where the proceedings do not involve or relate to land; (ii) $600000, where the proceedings partly involve or partly relate to land and the part that does not so involve or does not so relate exceeds $600000 in amount or value; (iii) $3000000, where the proceedings wholly involve or wholly relate to land; (iv) $3000000, where the proceedings partly involve or partly relate to land and the part that does not so involve or does not so relate does not exceed $600000 in amount or value. (3) A judge has in proceedings authorized by this section in addition to his other powers and authority the powers and authorities of a judge of the Court of First Instance acting in the exercise of the equitable jurisdiction of the Court of First Instance. (4) Nothing in this section gives jurisdiction to the Court in proceedings for the recovery of land or relating to the title to land, where the annual rent or the rateable value of the land, determined in accordance with the Rating Ordinance (Cap 116), or the annual value of the land, whichever is the least, exceeds $240000. (Replaced 28 of 2000 s. 23) DISTRICT COURT ORDINANCE - SECT 37 Equity jurisdiction VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 (1) The Court shall have all the jurisdiction of the Court of First Instance to hear and determine any of the following proceedings- (Amended 25 of 1998 s. 2) (a) proceedings for the administration of the estate of a deceased person, where the estate does not exceed in amount or value the sum of $120000; (b) proceedings for the execution of any trust or for a declaration that a trust subsists or proceedings under section 3 of the Variation of Trusts Ordinance (Cap 253) being (in any case) proceedings, where the estate or fund subject, or alleged to be subject, to the trust does not exceed in amount or value the sum of $120000; (Amended 34 of 1964 s. 4) (c) proceedings for foreclosure or redemption of any mortgage or for enforcing any charge or lien, where the amount owing in respect of the mortgage charge or lien does not exceed the sum of $120000; (d) proceedings for the specific performance, or for the rectification, delivery up or cancellation of any agreement for the sale, purchase or lease of any property, where, in the case of a sale or purchase, the purchase money or, in the case of a lease, the value of the property does not exceed the sum of $120000; (e) proceedings relating to the maintenance or advancement of an infant, where the property of the infant does not exceed in amount or value the sum of $120000; (f) proceedings for the dissolution or winding up of any partnership, whether or not the existence of the partnership is in dispute, where the whole assets of the partnership do not exceed in amount or value the sum of $120000; (g) proceedings for relief against fraud or mistake where the damage sustained or the estate or fund in respect of which relief is sought does not exceed in amount or value the sum of $120000. (Amended 35 of 1966 s. 3; 68 of 1973 s. 2; 79 of 1981 s. 2; L.N. 387 of 1983; 49 of 1988 s. 4) (2) In all such proceedings as aforesaid a judge shall, in addition to any other powers and authority possessed by him, have all the powers and authorities, for the purpose of this Ordinance, of a judge of the Court of First Instance acting in the exercise of the equitable jurisdiction of the Court of First Instance. (Amended 25 of 1998 s. 2) (3) Nothing in subsection (1) shall have the effect of giving jurisdiction to the Court in any proceedings relating to the recovery of any land or the title to any hereditament, where the annual rent or the rateable value, determined in accordance with the provisions of the Rating Ordinance (Cap 116), or the annual value of the land or hereditament, whichever is the least, exceeds $100000. (Added 35 of 1966 s. 3. Amended 68 of 1973 s. 3; 79 of 1981 s. 2; L.N. 387 of 1983; 49 of 1988 s. 4) (22 of 1962 s. 8 incorporated) DISTRICT COURT ORDINANCE - SECT 37 Equity jurisdiction VerDate:30/06/1997 (1) The Court shall have all the jurisdiction of the High Court to hear and determine any of the following proceedings- (a) proceedings for the administration of the estate of a deceased person, where the estate does not exceed in amount or value the sum of $120000; (b) proceedings for the execution of any trust or for a declaration that a trust subsists or proceedings under section 3 of the Variation of Trusts Ordinance (Cap 253) being (in any case) proceedings, where the estate or fund subject, or alleged to be subject, to the trust does not exceed in amount or value the sum of $120000; (Amended 34 of 1964 s. 4) (c) proceedings for foreclosure or redemption of any mortgage or for enforcing any charge or lien, where the amount owing in respect of the mortgage charge or lien does not exceed the sum of $120000; (d) proceedings for the specific performance, or for the rectification, delivery up or cancellation of any agreement for the sale, purchase or lease of any property, where, in the case of a sale or purchase, the purchase money or, in the case of a lease, the value of the property does not exceed the sum of $120000; (e) proceedings relating to the maintenance or advancement of an infant, where the property of the infant does not exceed in amount or value the sum of $120000; (f) proceedings for the dissolution or winding up of any partnership, whether or not the existence of the partnership is in dispute, where the whole assets of the partnership do not exceed in amount or value the sum of $120000; (g) proceedings for relief against fraud or mistake where the damage sustained or the estate or fund in respect of which relief is sought does not exceed in amount or value the sum of $120000. (Amended 35 of 1966 s. 3; 68 of 1973 s. 2; 79 of 1981 s. 2; L.N. 387 of 1983; 49 of 1988 s. 4) (2) In all such proceedings as aforesaid a judge shall, in addition to any other powers and authority possessed by him, have all the powers and authorities, for the purpose of this Ordinance, of a judge of the High Court acting in the exercise of the equitable jurisdiction of the High Court. (3) Nothing in subsection (1) shall have the effect of giving jurisdiction to the Court in any proceedings relating to the recovery of any land or the title to any hereditament, where the annual rent or the rateable value, determined in accordance with the provisions of the Rating Ordinance (Cap 116), or the annual value of the land or hereditament, whichever is the least, exceeds $100000. (Added 35 of 1966 s. 3. Amended 68 of 1973 s. 3; 79 of 1981 s. 2; L.N. 387 of 1983; 49 of 1988 s. 4) (22 of 1962 s. 8 incorporated) DISTRICT COURT ORDINANCE - SECT 37A (Repealed 28 of 2000 s. 23) VerDate:01/09/2000 DISTRICT COURT ORDINANCE - SECT 37A Exclusion of actions within jurisdiction of Small Claims Tribunal VerDate:04/09/1998 Notwithstanding this Part but subject to section 5(3) of the Small Claims Tribunal Ordinance (Cap 338), the Court shall not have jurisdiction to hear and determine any action or matter that lies within the jurisdiction of the Small Claims Tribunal, unless the Court has jurisdiction under the Small Claims Tribunal Ordinance (Cap 338). (Added 79 of 1975 s. 40. Amended L.N. 307 of 1998) DISTRICT COURT ORDINANCE - SECT 37A Exclusion of actions within jurisdiction of Small Claims Tribunal VerDate:30/06/1997 Notwithstanding this Part but subject to section 5(3) of the Small Claims Tribunal Ordinance (Cap 338), the Court shall not have jurisdiction to hear and determine any action or matter that lies within the jurisdiction of the Small Claim Tribunal, unless the Court has jurisdiction under the Small Claims Tribunal Ordinance (Cap 338). (Added 79 of 1975 s. 40) DISTRICT COURT ORDINANCE - SECT 38 Jurisdiction under the Married Persons Status Ordinance VerDate:01/09/2000 (Heading repealed 28 of 2000 s. 23) The Court has the jurisdiction and powers of the Court of First Instance conferred by section 6 of the Married Persons Status Ordinance (Cap 182). (Replaced 28 of 2000 s. 23) DISTRICT COURT ORDINANCE - SECT 38 Jurisdiction as to counterclaim VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 Counterclaims, Transfer of Proceedings and Miscellaneous Provisions as to Jurisdiction (1) Where in any action or matter commenced in the Court, any counterclaim or set-off and counterclaim of any defendant involves matter beyond the jurisdiction of the Court, any party to the action or matter may, within such time as may be prescribed by the Rules of the High Court (Cap 4 sub. leg.), apply to the Court of First Instance or to a judge thereof for an order or that the whole proceedings, or the proceedings on the counterclaim or set-off and counterclaim, be transferred to the Court of First Instance. (Amended 103 of 1970 s. 3) (2) In any such proceedings, and at any stage thereof, a judge may, at any time of his own motion, report to the Registrar of the High Court the facts and circumstances of or relevant to such proceedings and the Registrar of the High Court shall thereupon place such report before the Court of First Instance or before a judge thereof. (3) On any such application or report, the Court of First Instance or a judge thereof may, as it or he thinks fit, order either- (a) that the whole proceedings be transferred to the Court of First Instance; or (b) that the whole proceedings be heard and determined in the Court; or (c) that the proceedings on the counterclaim or set-off and counterclaim be transferred to the Court of First Instance and that the proceedings on the plaintiff's claim and the defence thereto other than the set-off, if any, be heard and determined in the Court: Provided that, where an order is made under paragraph (c) and judgment on the claim is given for the plaintiff, execution thereon shall, unless the Court of First Instance or a judge thereof at any time otherwise orders, be stayed until the proceedings transferred to the Court of First Instance have been concluded. (4) If no application or report is made under this section within the time prescribed as aforesaid, or if on any such application or report it is ordered that the whole proceedings be heard and determined in the Court, the Court shall have jurisdiction to hear and determine the whole proceedings notwithstanding any enactment to the contrary. (22 of 1962 s. 9 incorporated. Amended 25 of 1998 s. 2) DISTRICT COURT ORDINANCE - SECT 38 Jurisdiction as to counterclaim VerDate:30/06/1997 Counterclaims, Transfer of Proceedings and Miscellaneous Provisions as to Jurisdiction (1) Where in any action or matter commenced in the Court, any counterclaim or set-off and counterclaim of any defendant involves matter beyond the jurisdiction of the Court, any party to the action or matter may, within such time as may be prescribed by the Rules of the Supreme Court (Cap 4 sub. leg.), apply to the High Court or to a judge thereof for an order or that the whole proceedings, or the proceedings on the counterclaim or set-off and counterclaim, be transferred to the High Court. (Amended 103 of 1970 s. 3) (2) In any such proceedings, and at any stage thereof, a judge may, at any time of his own motion, report to the Registrar of the Supreme Court the facts and circumstances of or relevant to such proceedings and the Registrar of the Supreme Court shall thereupon place such report before the High Court or before a judge thereof. (3) On any such application or report, the High Court or a judge thereof may, as it or he thinks fit, order either- (a) that the whole proceedings be transferred to the High Court; or (b) that the whole proceedings be heard and determined in the Court; or (c) that the proceedings on the counterclaim or set-off and counterclaim be transferred to the High Court and that the proceedings on the plaintiff's claim and the defence thereto other than the set-off, if any, be heard and determined in the Court: Provided that, where an order is made under paragraph (c) and judgment on the claim is given for the plaintiff, execution thereon shall, unless the High Court or a judge thereof at any time otherwise orders, be stayed until the proceedings transferred to the High Court have been concluded. (4) If no application or report is made under this section within the time prescribed as aforesaid, or if on any such application or report it is ordered that the whole proceedings be heard and determined in the Court, the Court shall have jurisdiction to hear and determine the whole proceedings notwithstanding any enactment to the contrary. (22 of 1962 s. 9 incorporated) DISTRICT COURT ORDINANCE - SECT 39 Counterclaims VerDate:01/09/2000 In sections 32 to 37, references to an action or proceeding are to be construed as including references to a counterclaim. <* Note - Exp. X-Ref: Sections 32, 33, 34, 35, 36, 37 *> (Replaced 28 of 2000 s. 23) DISTRICT COURT ORDINANCE - SECT 39 Procedure where proceedings beyond jurisdiction are commenced in the Court VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 (1) Where an action or matter commenced in the Court involves matter beyond the jurisdiction of the Court, any defendant may, before the expiry of 3 clear days or such other period as may be prescribed, give notice to the Court that he objects to the action or matter being tried in the Court and where such notice is given, the Court shall order that the action be transferred to the Court of First Instance. (2) A judge may, at any stage of the proceedings, of his own motion, order that any action or matter, which involves matter beyond the jurisdiction of the Court or which appears to him, having regard to the nature of the claim or the relief sought, might be more conveniently heard and determined in the Court of First Instance, be transferred to the Court of First Instance. (3) Nothing in this section shall empower the Court to hear and determine any proceedings involving matter beyond its jurisdiction. (22 of 1962 s. 10 incorporated. Amended 25 of 1998 s. 2) DISTRICT COURT ORDINANCE - SECT 39 Procedure where proceedings beyond jurisdiction are commenced in the Court VerDate:30/06/1997 (1) Where an action or matter commenced in the Court involves matter beyond the jurisdiction of the Court, any defendant may, before the expiry of 3 clear days or such other period as may be prescribed, give notice to the Court that he objects to the action or matter being tried in the Court and where such notice is given, the Court shall order that the action be transferred to the High Court. (2) A judge may, at any stage of the proceedings, of his own motion, order that any action or matter, which involves matter beyond the jurisdiction of the Court or which appears to him, having regard to the nature of the claim or the relief sought, might be more conveniently heard and determined in the High Court, be transferred to the High Court. (3) Nothing in this section shall empower the Court to hear and determine any proceedings involving matter beyond its jurisdiction. (22 of 1962 s. 10 incorporated) DISTRICT COURT ORDINANCE - SECT 40 Saving VerDate:01/09/2000 This Part does not affect the provisions of the Small Claims Tribunal Ordinance (Cap 338), the Landlord and Tenant (Consolidation) Ordinance (Cap 7) or the Labour Tribunal Ordinance (Cap 25) or any other Ordinance conferring exclusive jurisdiction on a court or tribunal other than the Court. (Replaced 28 of 2000 s. 23) DISTRICT COURT ORDINANCE - SECT 40 Transfer to Court from Court of First Instance of proceedings within jurisdiction of the Court VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 Where an action or matter commenced in the Court of First Instance is within the jurisdiction of the Court or has been brought within such jurisdiction by payment, admitted set-off or otherwise, the Court of First Instance or a judge thereof may, if it or he thinks fit, order the transfer of such action or matter to the Court and thereupon the Court shall have jurisdiction and authority to proceed therein. (22 of 1962 s. 11 incorporated. Amended 25 of 1998 s. 2) DISTRICT COURT ORDINANCE - SECT 40 Transfer to Court from High Court of proceedings within jurisdiction of the Court VerDate:30/06/1997 Where an action or matter commenced in the High Court is within the jurisdiction of the Court or has been brought within such jurisdiction by payment, admitted set-off or otherwise, the High Court or a judge thereof may, if it or he thinks fit, order the transfer of such action or matter to the Court and thereupon the Court shall have jurisdiction and authority to proceed therein. (22 of 1962 s. 11 incorporated) DISTRICT COURT ORDINANCE - SECT 41 Procedure where proceedings beyond the jurisdiction of the Court are commenced in the Court VerDate:01/09/2000 Transfer of Proceedings and Miscellaneous Provisions as to Jurisdiction (Added 28 of 2000 s. 23) (1) The Court shall, either of its own motion or on the application of any party, order that an action or proceeding be transferred to the Court of First Instance where an action or proceeding commenced in the Court, not being a counterclaim, is outside the jurisdiction of the Court but is within the jurisdiction of the Court of First Instance. (2) The Court may, if it thinks fit, instead of ordering that the action or proceeding be transferred, order that it be struck out where, on the application of a defendant, it appears to the Court that the plaintiff or, if more than one, one of the plaintiffs knew or ought to have known that the Court had no jurisdiction. (3) If a defendant in an action or proceeding within the jurisdiction of the Court makes a counterclaim which is not within the jurisdiction of the Court but within the jurisdiction of the Court of First Instance, the Court may, either of its own motion or on the application of any party, order- (a) that the whole proceedings be transferred to the Court of First Instance; or (b) that the proceedings on the counterclaim be transferred to the Court of First Instance; and the proceedings on the plaintiff's claim, except for a defence of set-off as to the whole or a part of the subject matter of the counterclaim, be heard and determined by the Court; or (c) where the Court considers the whole proceedings should be heard and determined in the Court, that the matter be reported to the Court of First Instance or a judge thereof. (4) On the receipt of a report mentioned in subsection (3)(c), the Court of First Instance or a judge thereof may, as it or he thinks fit, order either- (a) that the whole proceedings be transferred to the Court of First Instance; or (b) that the whole proceedings be heard and determined in the Court; or (c) that the proceedings on the counterclaim be transferred to the Court of First Instance; and the proceedings on the plaintiff's claim, except for a defence of set-off as to the whole or a part of the subject matter of the counterclaim, be heard and determined by the Court. (5) Where an order is made under subsection (3)(b) or subsection (4)(c) and judgment on the claim is given for the plaintiff, execution thereon shall, unless the Court of First Instance or a judge thereof at any time otherwise orders, be stayed until the proceedings transferred to the Court of First Instance have been concluded. (6) If no report is made under subsection (3)(c), or if on any such report it is ordered that the whole proceedings be heard and determined in the Court, the Court shall have jurisdiction to hear and determine the whole proceedings notwithstanding any enactment to the contrary. (Replaced 28 of 2000 s. 23) DISTRICT COURT ORDINANCE - SECT 41 Transfer of interpleader proceedings from Court of First Instance to Court VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 If it appears to the Court of First Instance or to a judge thereof that any proceedings in the Court of First Instance by way of interpleader, in which the amount or value of the matter in dispute does not exceed the sum of $120000, may be more conveniently heard and determined in the Court, the Court of First Instance may at any time order that the proceedings be transferred to the Court and thereupon the Court shall have jurisdiction and authority to proceed therein. (22 of 1962 s. 12 incorporated. Amended 35 of 1966 s. 2; 68 of 1973 s. 2; 79 of 1981 s. 2; L.N. 387 of 1983; 49 of 1988 s. 4; 25 of 1998 s. 2) DISTRICT COURT ORDINANCE - SECT 41 Transfer of interpleader proceedings from High Court to Court VerDate:30/06/1997 If it appears to the High Court or to a judge thereof that any proceedings in the High Court by way of interpleader, in which the amount or value of the matter in dispute does not exceed the sum of $120000, may be more conveniently heard and determined in the Court, the High Court may at any time order that the proceedings be transferred to the Court and thereupon the Court shall have jurisdiction and authority to proceed therein. (22 of 1962 s. 12 incorporated. Amended 35 of 1966 s. 2; 68 of 1973 s. 2; 79 of 1981 s. 2; L.N. 387 of 1983; 49 of 1988 s. 4) DISTRICT COURT ORDINANCE - SECT 42 Transfer to the Court of First Instance of proceedings within the jurisdiction of the Court VerDate:01/09/2000 The Court may, either of its own motion or on the application of any party, order the transfer to the Court of First Instance of all or part of any action or proceeding within the jurisdiction of the Court. (Replaced 28 of 2000 s. 23) DISTRICT COURT ORDINANCE - SECT 42 Interpleader generally VerDate:30/06/1997 Except as provided in section 41, the jurisdiction of the Court in interpleader proceedings shall be limited to cases in which a claim is made to or in respect of any movable property seized or intended to be seized in execution under process of the Court: Provided that nothing in this section shall affect the jurisdiction conferred on the Court by section 48, in interpleader proceedings other than under executions, that is to say, where a person, being under a liability for any debt or other chose in action, money or movable property for or in respect of which he is or expects to be sued by 2 or more persons, applies to the Court for relief by way of interpleader. (22 of 1962 s. 13 incorporated) DISTRICT COURT ORDINANCE - SECT 43 Transfer to the Court from the Court of First Instance of proceedings within the jurisdiction of the Court VerDate:01/09/2000 (1) The Court of First Instance may, either of its own motion or on the application of any party, order the transfer to the Court of all or part of an action or proceeding, other than a counterclaim, which appears to the Court of First Instance likely to be within the jurisdiction of the Court. (2) An order may be made under this section at any stage of the proceedings of the motion of the Court of First Instance itself or on the application of any party. (3) The Court of First Instance is required to make an order under this section unless it is of the opinion that, by reason of the importance or complexity of any issue arising in the action or proceeding, or for any other reason, the action or proceeding ought to remain in the Court of First Instance. (Replaced 28 of 2000 s. 23) DISTRICT COURT ORDINANCE - SECT 43 Costs in transferred cases, etc. VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 (1) Where an action, counterclaim or matter is ordered to be transferred- (a) from the Court of First Instance to the Court; or (b) from the Court to the Court of First Instance, the costs of the whole proceedings both before and after the transfer shall, subject to any order made by the court which ordered the transfer, be in the discretion of the court to which the proceedings are transferred, and that court shall have power to make orders with respect thereto and as to the scales on which the costs of the several parts of the proceedings are to be taxed, and the costs of the whole proceedings shall be taxed in that court: Provided that, where an action that is transferred from the Court of First Instance to the Court is an action founded on contract or tort, then, as regards so much of the proceedings in the action as takes place in the Court of First Instance before the transfer, the Court may, if satisfied that there was sufficient reason for bringing the action in the Court of First Instance and subject to any order of the Court of First Instance, make an order allowing costs on the scale of the Court of First Instance or on any scale of the Court. (2) Where any proceedings in which the Court has jurisdiction are brought in the Court of First Instance costs shall be recoverable on such scale and in such amount as would have been recoverable if the proceedings had been brought in the Court, unless the proceedings were so brought by leave of the Court of First Instance or unless the Court of First Instance otherwise orders. (22 of 1962 s. 14 incorporated. Amended 25 of 1998 s. 2) DISTRICT COURT ORDINANCE - SECT 43 Costs in transferred cases, etc. VerDate:30/06/1997 (1) Where an action, counterclaim or matter is ordered to be transferred- (a) from the High Court to the Court; or (b) from the Court to the High Court, the costs of the whole proceedings both before and after the transfer shall, subject to any order made by the court which ordered the transfer, be in the discretion of the court to which the proceedings are transferred, and that court shall have power to make orders with respect thereto and as to the scales on which the costs of the several parts of the proceedings are to be taxed, and the costs of the whole proceedings shall be taxed in that court: Provided that, where an action that is transferred from the High Court to the Court is an action founded on contract or tort, then, as regards so much of the proceedings in the action as takes place in the High Court before the transfer, the Court may, if satisfied that there was sufficient reason for bringing the action in the High Court and subject to any order of the High Court, make an order allowing costs on the High Court scale or on any scale of the Court. (2) Where any proceedings in which the Court has jurisdiction are brought in the High Court costs shall be recoverable on such scale and in such amount as would have been recoverable if the proceedings had been brought in the Court, unless the proceedings were so brought by leave of the High Court or unless the High Court otherwise orders. (22 of 1962 s. 14 incorporated) DISTRICT COURT ORDINANCE - SECT 44 Transfer to the Court from the Court of First Instance where the parties consent VerDate:01/09/2000 (1) The Court of First Instance may, if the parties consent, order the transfer to the Court of all or part of an action or proceeding, including a counterclaim, which is outside the jurisdiction of the Court, but would have been within its jurisdiction except for the monetary limits specified in section 32, 33, 35, 36 or 37. (2) An order may be made under this section at any stage of the proceedings. (3) Upon a transfer under subsection (1), the Court shall have jurisdiction to hear and determine all or part of an action or proceeding, including a counterclaim, so transferred notwithstanding any enactment to the contrary. (Replaced 28 of 2000 s. 23) DISTRICT COURT ORDINANCE - SECT 44 Procedure on transfer VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 (1) When any action, counterclaim or matter is ordered to be transferred from the Court of First Instance to the Court- (a) any party may lodge with the Registrar of the High Court the order and the writ or other process or copies thereof and such other documents, if any, as the Registrar of the High Court may direct; and (b) the Registrar of the High Court shall, on the application of that party and on production of the order and the filing of a copy thereof, send to the Registrar of the Court all pleadings, affidavits and other documents filed in the Court of First Instance relating to the action, counterclaim or matter. (2) On such documents being so lodged or sent, the action and counterclaim if any, or the counterclaim or matter, shall be transferred to the Court and, subject as may be prescribed, all further proceedings therein shall be taken and tried, as if the action, counterclaim or matter had been originally commenced in that Court and that Court shall have jurisdiction to deal therewith notwithstanding any enactment to the contrary: Provided that the transfer shall not affect any right of appeal in the Court of First Instance or to the Court of Appeal from the order directing the transfer, or the right to enforce in the Court of First Instance any judgment signed or order made in that court before the transfer. (3) Nothing in the provisions of section 38, 39, 40 or 41 shall derogate from the provisions of section 15 of the Crown Proceedings Ordinance (Cap 300). (4) This section shall apply mutatis mutandis when any action, counterclaim or matter is ordered to be transferred from the Court to the Court of First Instance. (Added 103 of 1970 s. 4) (22 of 1962 s. 15 incorporated. Amended 25 of 1998 s. 2) DISTRICT COURT ORDINANCE - SECT 44 Procedure on transfer VerDate:30/06/1997 (1) When any action, counterclaim or matter is ordered to be transferred from the High Court to the Court- (a) any party may lodge with the Registrar of the Supreme Court the order and the writ or other process or copies thereof and such other documents, if any, as the Registrar of the Supreme Court may direct; and (b) the Registrar of the Supreme Court shall, on the application of that party and on production of the order and the filing of a copy thereof, send to the Registrar of the Court all pleadings, affidavits and other documents filed in the High Court relating to the action, counterclaim or matter. (2) On such documents being so lodged or sent, the action and counterclaim if any, or the counterclaim or matter, shall be transferred to the Court and, subject as may be prescribed, all further proceedings therein shall be taken and tried, as if the action, counterclaim or matter had been originally commenced in that Court and that Court shall have jurisdiction to deal therewith notwithstanding any enactment to the contrary: Provided that the transfer shall not affect any right of appeal in the High Court or to the Court of Appeal from the order directing the transfer, or the right to enforce in the High Court any judgment signed or order made in that court before the transfer. (3) Nothing in the provisions of section 38, 39, 40 or 41 shall derogate from the provisions of section 15 of the Crown Proceedings Ordinance (Cap 300). (4) This section shall apply mutatis mutandis when any action, counterclaim or matter is ordered to be transferred from the Court to the High Court. (Added 103 of 1970 s. 4) (22 of 1962 s. 15 incorporated) DISTRICT COURT ORDINANCE - SECT 44A Costs in transferred cases, etc. VerDate:01/09/2000 (1) This section applies to an action or proceeding transferred- (a) from the Court of First Instance to the Court; (b) from the Court to the Court of First Instance; or (c) from a tribunal to the Court. (2) The court or tribunal that orders the transfer may make an order for costs prior to the transfer and of the transfer of proceedings. (3) The costs of the whole proceedings both before and after the transfer are in the discretion of the court to which the proceedings are transferred subject to any order made by the court or tribunal which ordered the transfer. (4) The court to which the proceedings are transferred has power to order costs and order the scales on which the costs of the several parts of the proceedings are to be taxed. The costs of the whole proceedings are to be taxed in the court to which the proceedings are transferred. (5) In an action founded on contract, quasi-contract or tort, for the proceedings in the Court of First Instance before the transfer, the Court may, if satisfied that there was sufficient reason for bringing the action in the Court of First Instance and subject to any order of the Court of First Instance, allow costs on the Court of First Instance scale. (6) Where proceedings in which the Court has jurisdiction are brought in the Court of First Instance, the Court shall order costs on the scale and in the amount as if the proceedings had been brought in the Court, unless the proceedings were brought by leave of the Court of First Instance or unless the Court of First Instance otherwise orders. (Added 28 of 2000 s. 23) DISTRICT COURT ORDINANCE - SECT 45 Division of causes of action VerDate:30/06/1997 No cause of action shall be split or divided so as to be made the ground of 2 or more different actions for the purpose of bringing 2 or more actions in the Court. (22 of 1962 s. 16 incorporated) DISTRICT COURT ORDINANCE - SECT 46 Infancy no defence VerDate:30/06/1997 No person shall by reason of his not having attained the full age of 21 years be exempted from liability for any debt, damages or demand arising under an agreement made before the date of commencement* of the Age of Majority (Related Provisions) Ordinance (Cap 410) where the debt, damages or demand- (a) does not exceed the sum of $60000; or (Added 49 of 1988 s. 4) (b) has been reduced to a sum not exceeding $60000 by reason of the plaintiff having abandoned the amount in excess of $60000 in his cause of action. (Added 49 of 1988 s. 4) (22 of 1962 s. 17 incorporated. Amended 49 of 1988 s. 4; 32 of 1990 s. 18) ___________________________________________________________________ Note: * Commencement date: 1 October 1990. DISTRICT COURT ORDINANCE - SECT 47 (Repealed 28 of 2000 s. 24) VerDate:01/09/2000 DISTRICT COURT ORDINANCE - SECT 47 Venue VerDate:30/06/1997 No judgment, order or proceedings whatsoever shall be liable to be set aside on account of any defect in venue. (22 of 1962 s. 18 incorporated) DISTRICT COURT ORDINANCE - SECT 47A Power of the Court to order disclosure, etc. of documents before commencement of proceedings VerDate:01/09/2000 Discovery and Related Procedures (Added 28 of 2000 s. 24) (1) A person who appears to the Court to be likely to be a party to subsequent proceedings for personal injuries or arising out of the death of a person may apply to the Court for an order for discovery of documents against a person who is likely to be a party to the proceedings and who has in his possession, custody or power documents relevant to an issue arising out of the claim. (2) The application is to be made in accordance with rules of court. (3) The Court may order the person, if it appears to it that the person is likely to have or to have had in his possession, custody or power any relevant documents- (a) to disclose whether those documents are in his possession, custody or power; and (b) to produce the documents in his possession, custody or power to the applicant or, on the conditions specified in the order- (i) to the applicant's legal advisers; (ii) to the applicant's legal advisers and a medical or other professional adviser of the applicant; or (iii) if the applicant has no legal adviser, to a medical or other professional adviser of the applicant. (Added 28 of 2000 s. 24) DISTRICT COURT ORDINANCE - SECT 47B Extension of powers of the Court to order disclosure of documents, inspection of property, etc. VerDate:01/09/2000 (1) A party to proceedings in an action, in which a claim for personal injuries or arising out of the death of a person is made, may apply to the Court in accordance with rules of court for an order for discovery of documents against a person who is not a party to the proceedings and who is likely to have or to have had in his possession, custody or power documents relevant to an issue arising out of the claim. (2) The Court may order the person, if it appears to it that the person is likely to have or to have had in his possession, custody or power any relevant documents- (a) to disclose whether those documents are in his possession, custody or power; and (b) to produce the documents in his possession, custody or power to the applicant or, on the conditions specified in the order- (i) to the applicant's legal advisers; (ii) to the applicant's legal advisers and a medical or other professional adviser of the applicant; or (iii) if the applicant has no legal adviser, to a medical or other professional adviser of the applicant. (3) A party to proceedings in an action, in which a claim for personal injuries or arising out of the death of a person is made, may apply to the Court for an order against a person who is not a party to the proceedings for, and the Court may order- (a) the inspection, photographing, preservation, custody and detention of property which is not the property of, or in the possession of, a party to the proceedings but which is the subject-matter of the proceedings or as to which any question arises in the proceedings; (b) the taking of samples of the property mentioned in paragraph (a) and the carrying out of any experiment on or with the property. (4) An application under this section is to be made in accordance with rules of court. (5) The powers in this section are in addition to the power of the Court to make orders which is exercisable apart from this section. (6) In this section, "property" (財產) includes any land, chattel or other physical property of any description. (Added 28 of 2000 s. 24) "property" (財產) DISTRICT COURT ORDINANCE - SECT 47C Provisions supplementary to sections 47A and 47B VerDate:01/09/2000 (1) The power to make rules of court includes power to make rules of court as to the circumstances in which an order under section 47A or 47B can be made. (2) Rules may include the incidental, supplementary and consequential provisions which the Rules Committee may consider necessary or expedient. (3) The Court shall award costs of and incidental to the proceedings to the person against whom an order is sought under sections 47A and 47B unless the Court otherwise directs. (Added 28 of 2000 s. 24) DISTRICT COURT ORDINANCE - SECT 47D Powers of the Court exercisable before commencement of action VerDate:01/09/2000 (1) A person authorized by the rules may, in proceedings in an action, in which a claim for personal injuries or arising out of the death of a person is made, apply to the Court for an order for and the Court may order- (a) the inspection, photographing, preservation, custody