Hong Kong Regulations

COMPANIES (DISQUALIFICATION OF DIRECTORS) PROCEEDINGS RULES - RULE 6

Service and acknowledgment

(Past version on 30/06/1997).

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

(1) The summons shall be served on the respondent by sending it by post to his
last known address; and the date of service shall, unless the contrary is
shown, be deemed to be the 7th day next following that on which the summons
was posted.

(2) Where any process or order of the court or other document is required
under proceedings subject to these Rules to be served on any person who is not
in Hong Kong, the court may order service on him of that process or order or
other document to be effected within such time and in such manner as it thinks
fit, and may also require such proof of service as it thinks fit.

(3) The summons served on the respondent shall be accompanied by a form of
acknowledgment of service, to be returned by him to the court within 14 days
from the date of service, and for this purpose the practice and procedure of
the court relating to acknowledgments of service shall apply to an application
for an order under these Rules in the court, save that any reference to Form
No. 15 in Appendix A to the Rules of the High  Court (Cap 4 sub. leg. A) shall
relate to the form as modified by these Rules. (25 of 1998 s. 2)

(4) The form of acknowledgment of service shall, where appropriate, state that
the respondent should indicate-

   (a)  whether he contests the application on the grounds that, in the case
        of any particular company-

        (i)    he was not a director, shadow director, officer or liquidator
               of the company, and neither was he a receiver or manager of its
               property, at a time when conduct of his, or of other persons,
               in relation to that company is in question; or

        (ii)   his conduct as such director, shadow director, officer,
               liquidator, receiver or manager was not as alleged in support
               of the application for a disqualification order;

   (b)  whether, in the case of any conduct of his, he disputes the allegation
        that such conduct makes him unfit to be concerned in the management of
        a company; and

   (c)  whether he, while not resisting the application for a disqualification
        order, intends to adduce mitigating factors with a view to justifying
        only a short period of disqualification. (Enacted 1994)