Hong Kong Ordinances

DISTRICT COURT ORDINANCE - SECT 72

Civil Procedure Rules

Caution: This is a past version. See the current version here.

Adaptation amendments retroactively made - see 25 of 1998 s. 2

(1) The Rules Committee may make rules regulating the practice of the Court in
the exercise of its civil jurisdiction and the forms of proceedings therein
and prescribing scales of costs to be paid to counsel and solicitors and the
court fees to be paid in respect of any such proceedings.

(2) The power to make such civil procedure rules shall extend to all matters
of procedure or practice or matters relating to or concerning the effect or
operation in law of any procedure or practice in any case within the
cognizance of the Court as to which rules of the High Court have been or might
be made for cases within the cognizance of the High Court and shall include
power to make rules as to proceedings by or against the Government. (Amended
25 of 1998 s. 2)

(3) Without prejudice to the generality of the provisions of subsections (1)
and (2), the power to make civil procedure rules shall extend to-

   (a)  providing for the division of Hong Kong into districts for the
        purposes of venue in civil proceedings and delineating and describing
        such districts; (Amended 25 of 1998 s. 2)

   (b)  prescribing the district in which proceedings are to be commenced and
        the procedure to be adopted where proceedings are commenced in one
        district which should under the rules have been commenced in another
        district;

   (c)  prescribing the circumstances in which proceedings may be transferred
        from one district to another district and the procedure consequent on
        any such transfer;

   (d)  authorizing the Registrar to enter judgment by default;

   (e)  authorizing a judge to direct that the hearing in proceedings pending
        in any district shall take place in some other district;

   (f)  regulating or providing for any matters which were formerly regulated
        or provided for by the Supreme Court (Summary Jurisdiction) Ordinance
        1873 (14 of 1873).

(4) Any rule made in accordance with the provisions of this section may be so
made as to modify, with respect to proceedings in the Court, any rule of law
or practice as to the proof of any matter or as to the reception or
admissibility of any matter in evidence.

(5) No rule made in accordance with the provisions of this section shall apply
to any proceedings by or against the Government except in so far as it
expressly purports so to do. (Amended 25 of 1998 s. 2)

(22 of 1962 s. 48 incorporated)