Hong Kong Ordinances

DISTRICT COURT ORDINANCE - SECT 37

Equity jurisdiction

(Past version on 01/09/2000).
(Past version on 01/07/1997).
(Past version on 30/06/1997).

(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)