Hong Kong Ordinances

DISTRICT COURT ORDINANCE - SECT 72

Rules of court

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

(1) The Rules Committee may make rules of court regulating and prescribing-

   (a)  the procedure, including the method of pleading in the Court;

   (b)  the practice to be followed in the Court;

   (c)  the procedure and practice to be followed in the Registry of the
        Court; and

   (d)  any matters incidental to the procedure or practice.

(2) Without limiting the general nature of subsection (1), rules of court may
be made for the following purposes-

   (a)  prescribing the procedure for the transfer of proceedings between the
        Court and the Court of First Instance;

   (b)  prescribing the jurisdiction of the Court which the Registrar may
        exercise (including provision for appeal against decisions made in the
        exercise of the jurisdiction);

   (c)  regulating matters relating to the fees and costs of proceedings
        (including proceedings in connection with the administration of
        estates and trusts) in the Court and matters incidental to the
        proceedings;

   (d)  prescribing in what cases absent persons having an interest in a cause
        or matter are bound by any order made;

   (e)  regulating the execution of the process of the Court, including-

        (i)    prohibiting judgment debtors and persons against whom civil
               claims are made from leaving Hong Kong and ordering the payment
               of compensation to them in prescribed circumstances;

        (ii)   ordering judgment debtors or officers of corporate judgment 
               debtors to appear for examination and their examination; and

        (iii)  the arrest and imprisonment of judgment debtors;

   (f)  providing that, in any case where a document filed in, or in the
        custody of, the Registry of the Court is required to be produced to
        any court or tribunal (including an umpire or arbitrator) sitting
        elsewhere than at the Court-

        (i)    it shall not be necessary for any officer, whether served with
               a subpoena in that behalf or not, to attend for the purpose of
               producing the document; but

        (ii)   the document may be produced to the court or tribunal by
               sending it to the court or tribunal, in the manner prescribed
               in the rule, together with a certificate, in the form so
               prescribed, to the effect that the document has been filed in,
               or is in the custody of, the Registry, and any such certificate
               shall be prima facie evidence of the facts stated in it.

(3) The power to make rules of court under this section includes power to make
rules as to proceedings by or against the Government.

(4) Rules of court made under this section apply to all proceedings by or
against the Government insofar as they expressly purport so to do.

(5) In the exercise of his discretion, a judge may excuse a party from
compliance with any rule. (Replaced 28 of 2000 s. 41)