Hong Kong Regulations

LANDS TRIBUNAL RULES - RULE 15

Orders in default

(Past version on 30/06/1997).

(1) In the case of an application for an order for-

   (a)  possession or for ejectment; or

   (b)  rent, mesne profits or any other liquidated demand, where no notice of
        opposition has been filed by the respondent or any other respondents,
        if any, the applicant may-

        (i)    apply for an order against the respondent in terms of the
               first-mentioned application and for costs; and

        (ii)   proceed with the action against the other respondents, if any.
               (32 of 2002 s. 40)

(2) An application for an order to be made in default of opposition pursuant
to subrule (1) shall be-

   (a)  made in writing to the Registrar; and

   (b)  where the application relates to mesne profits (whether in whole or in
        part), accompanied by evidence proving the amount of those profits
        claimed. (32 of 2002 s. 40)

(3) Upon an application under subrule (1) and upon assessing the evidence, if
any, accompanying the application, the Registrar may, subject to subrule (4A),
cause an order to be entered in favour of the applicant in terms of the
application with costs, if any, by endorsing the originating application to
that effect. (32 of 2002 s. 40)

(4) Where there is more than one respondent, an order under this rule for
possession shall not be enforced against any respondent unless and until an
order or orders for possession has or have, as the case may be, been entered
against all the respondents. (32 of 2002 s. 40)

(4A) The Registrar may, where he thinks fit, refer any application under
subrule (1) to the President or a presiding officer who may make such order
thereon as the justice of the application may require. (32 of 2002 s. 40)

(5) If at any time after the expiration of the time limited for the filing of
a notice of opposition but before any order has been entered the respondent
files a notice of opposition in accordance with these Rules the provisions of
this rule shall not apply.

(6) No order shall be entered against a respondent under this rule unless the
Registrar is satisfied that the originating application has been served on the
respondent.

(7) The Tribunal may on such terms as it thinks fit set aside or vary any
order made under this rule. (Enacted 1994)