DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - CHAPTER 336A DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - LONG TITLE Empowering section (Repealed L.N. 186 of 2000) VerDate:01/09/2000 DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - LONG TITLE Empowering section VerDate:30/06/1997 (Cap 336 section 72) [1 July 1963] L.N. 73 of 1963 (L.N. 24 of 1963) DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 1 (Repealed L.N. 186 of 2000) VerDate:01/09/2000 DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 1 Citation VerDate:30/06/1997 PART I CITATION AND INTERPRETATION These rules may be cited as the District Court Civil Procedure (General) Rules. DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 2 (Repealed L.N. 186 of 2000) VerDate:01/09/2000 DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 2 Interpretation VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 (1) In these rules, unless the context otherwise requires- "Court" (法院、法庭) means the District Court and any judge of the Court sitting in court or in chambers; "district" (地區) means a district established by rule 3; (L.N. 182 of 1970) "district registry" (地區登記處) means a registry established by rule 4(2). (L.N. 182 of 1970) (2) Any word or expression which is not defined in the Ordinance or in these rules shall have the meaning assigned to it by the Rules of the High Court (Cap 4 sub. leg.). (25 of 1998 s. 2) (L.N. 182 of 1970) "Court" (法院、法庭) "district" (地區) "district registry" (地區登記處) DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 2 Interpretation VerDate:30/06/1997 (1) In these rules, unless the context otherwise requires- "Court" (法院、法庭) means the District Court and any judge of the Court sitting in court or in chambers; "district" (地區) means a district established by rule 3; (L.N. 182 of 1970) "district registry" (地區登記處) means a registry established by rule 4(2). (L.N. 182 of 1970) (2) Any word or expression which is not defined in the Ordinance or in these rules shall have the meaning assigned to it by the Rules of the Supreme Court (Cap 4 sub. leg.). (L.N. 182 of 1970) "Court" (法院、法庭) "district" (地區) "district registry" (地區登記處) DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 3 (Repealed L.N. 186 of 2000) VerDate:01/09/2000 DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 3 Venue VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 PART II VENUE AND TRANSFER (1) For the purpose of venue in civil proceedings in the Court, Hong Kong shall be divided into districts. (L.N. 182 of 1970; 25 of 1998 s. 2) (2) The boundaries, extent and name of each district shall be determined respectively from time to time by the Chief Justice and delineated on a map or plan signed for identification by him and lodged with the Registrar. (3) A copy of the map or plan for the time being in force and lodged with the Registrar in accordance with paragraph (2) shall at all times be posted in a conspicuous place to which the public have access at each registry provided in rule 4. (L.N. 182 of 1970) DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 3 Venue VerDate:30/06/1997 PART II VENUE AND TRANSFER (1) For the purpose of venue in civil proceedings in the Court, the Colony shall be divided into districts. (L.N. 182 of 1970) (2) The boundaries, extent and name of each district shall be determined respectively from time to time by the Chief Justice and delineated on a map or plan signed for identification by him and lodged with the Registrar. (3) A copy of the map or plan for the time being in force and lodged with the Registrar in accordance with paragraph (2) shall at all times be posted in a conspicuous place to which the public have access at each registry provided in rule 4. (L.N. 182 of 1970) DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 4 (Repealed L.N. 186 of 2000) VerDate:01/09/2000 DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 4 Registries VerDate:30/06/1997 (1) The court sitting in a district established by rule 3 shall be known and referred to by the name of that district. (2) There shall be a district registry attached to the court sitting in each district which registry shall be known and referred to by the name of that district. (L.N. 182 of 1970) DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 5 (Repealed L.N. 186 of 2000) VerDate:01/09/2000 DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 5 Provisions relating to jurisdiction VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 (1) An action in relation to any immovable property for ascertaining the title, ownership, user or right to possession thereof, or in relation to any mortgage or charge thereon, or to any interest of any other nature therein, or for damages for any injury thereto, or for any equitable remedy in respect thereof or restraint on the user of the same, shall be commenced in the district in which the property is situate. (2) An action in relation to any personal property distrained on or seized shall be commenced in the district in which the process was issued. (3) Any other action shall be commenced in the district in which the defendant has his principal place of business, if any, or if he is not carrying on business, in the district in which he resides, or if he has neither place of business nor residence in Hong Kong, then in the district in which the cause of action arose. (25 of 1998 s. 2) (4) Notwithstanding anything in this rule, the Registrar may, in his absolute discretion, permit any action which by this rule should be commenced in a particular district to be commenced in any other district specified by him. (L.N. 16 of 1985) (5) For the purpose of this rule, an action shall be deemed to commence when the writ of summons therein has been sealed in the appropriate district registry. DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 5 Provisions relating to jurisdiction VerDate:30/06/1997 (1) An action in relation to any immovable property for ascertaining the title, ownership, user or right to possession thereof, or in relation to any mortgage or charge thereon, or to any interest of any other nature therein, or for damages for any injury thereto, or for any equitable remedy in respect thereof or restraint on the user of the same, shall be commenced in the district in which the property is situate. (2) An action in relation to any personal property distrained on or seized shall be commenced in the district in which the process was issued. (3) Any other action shall be commenced in the district in which the defendant has his principal place of business, if any, or if he is not carrying on business, in the district in which he resides, or if he has neither place of business nor residence in the Colony, then in the district in which the cause of action arose. (4) Notwithstanding anything in this rule, the Registrar may, in his absolute discretion, permit any action which by this rule should be commenced in a particular district to be commenced in any other district specified by him. (L.N. 16 of 1985) (5) For the purpose of this rule, an action shall be deemed to commence when the writ of summons therein has been sealed in the appropriate district registry. DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 6 (Repealed L.N. 186 of 2000) VerDate:01/09/2000 DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 6 Defendants in different districts VerDate:30/06/1997 If in any case governed by rule 5(3) there are in an action originally or by joinder defendants residing in or carrying on business in different districts the action may, subject to any direction by the Court, be commenced or continue in any such district. DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 7 (Repealed L.N. 186 of 2000) VerDate:01/09/2000 DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 7 Continuance and transfer of actions VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 (1) All proceedings in an action shall continue in the district in which the action is commenced and such action may be heard and determined therein unless and until an effective order be made to transfer the action to the Court sitting in another district or to the Court of First Instance. (25 of 1998 s. 2) (2) Subject to any directions which may be given in that behalf by the Chief Justice, a judge may, for securing the more convenient or expeditious disposal of any action or matter pending in a district in which he is for the time being sitting, order that such action or matter or any proceeding therein be transferred to another district; any such order may be made at any stage by the judge of his own motion or on the application of any party on such grounds relating either to the particular circumstances of the action or matter or to the state of the lists generally in each district as the judge may think fit. (3) Where a judge makes an order of transfer to another district of his own motion there shall be no appeal from such order, but where such an order is made on the application of any party an appeal shall lie in accordance with the provisions for the time being applicable to proceedings in the Court. (4) In any case in which an action has been commenced in the district other than that in which it ought to have been commenced, the judge may if he considers it just direct that the case be tried in the district in which he is for the time being sitting or may order it to be transferred to any other district. DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 7 Continuance and transfer of actions VerDate:30/06/1997 (1) All proceedings in an action shall continue in the district in which the action is commenced and such action may be heard and determined therein unless and until an effective order be made to transfer the action to the Court sitting in another district or to the High Court. (2) Subject to any directions which may be given in that behalf by the Chief Justice, a judge may, for securing the more convenient or expeditious disposal of any action or matter pending in a district in which he is for the time being sitting, order that such action or matter or any proceeding therein be transferred to another district; any such order may be made at any stage by the judge of his own motion or on the application of any party on such grounds relating either to the particular circumstances of the action or matter or to the state of the lists generally in each district as the judge may think fit. (3) Where a judge makes an order of transfer to another district of his own motion there shall be no appeal from such order, but where such an order is made on the application of any party an appeal shall lie in accordance with the provisions for the time being applicable to proceedings in the Court. (4) In any case in which an action has been commenced in the district other than that in which it ought to have been commenced, the judge may if he considers it just direct that the case be tried in the district in which he is for the time being sitting or may order it to be transferred to any other district. DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 8 (Repealed L.N. 186 of 2000) VerDate:01/09/2000 DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 8 Jurisdiction of districts in process VerDate:30/06/1997 (1) Notwithstanding anything contained in these rules, the Court sitting in each district shall in relation to process have jurisdiction in any district. (2) All process of the Court shall, irrespective of the district in which the action in which it arises is proceeding, be enforced by the Court sitting in the district where the process is to be served, delivered, executed, or otherwise carried out. DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 9 (Repealed L.N. 186 of 2000) VerDate:01/09/2000 DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 9 Application of Rules of the High Court to the Court VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 PART III GENERAL RULES OF PRACTICE AND PROCEDURE Application of Rules of the High Court and of English practice and procedure (L.N. 182 of 1970; 25 of 1998 s. 2) (1) Subject to the provisions of the Ordinance and of these rules, the Rules of the High Court (Cap 4 sub. leg.) as for the time being enacted and save as it therein may otherwise be provided shall apply to proceedings in the Court as they apply to proceedings in the Court of First Instance with such modifications as are necessary for that purpose. (2) Those parts of the Rules of the High Court (Cap 4 sub. leg.) which are listed in the Schedule shall not apply to the Court or to any proceedings in the Court. (L.N. 182 of 1970; 25 of 1998 s. 2) DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 9 Application of Rules of the Supreme Court to the Court VerDate:30/06/1997 PART III GENERAL RULES OF PRACTICE AND PROCEDURE Application of Rules of the Supreme Court and of English practice and procedure (L.N. 182 of 1970) (1) Subject to the provisions of the Ordinance and of these rules, the Rules of the Supreme Court (Cap 4 sub. leg.) as for the time being enacted and save as it therein may otherwise be provided shall apply to proceedings in the Court as they apply to proceedings in the High Court with such modifications as are necessary for that purpose. (2) Those parts of the Rules of the Supreme Court (Cap 4 sub. leg.) which are listed in the Schedule shall not apply to the Court or to any proceedings in the Court. (L.N. 182 of 1970) DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 10 (Repealed L.N. 186 of 2000) VerDate:01/09/2000 DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 10 Limited application of English rules VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 Subject to the provisions of the Ordinance, in all cases with respect to which no provision is made in these rules or in the Rules of the High Court (Cap 4 sub. leg.) in their application to the Court, the practice and procedure for the time being in force in respect of county courts in England shall be deemed to be in force in the Court subject to the applicability thereof and with such modifications as the circumstances may require. (L.N. 182 of 1970; 25 of 1998 s. 2) DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 10 Limited application of English rules VerDate:30/06/1997 Subject to the provisions of the Ordinance, in all cases with respect to which no provision is made in these rules or in the Rules of the Supreme Court (Cap 4 sub. leg.) in their application to the Court, the practice and procedure for the time being in force in respect of county courts in England shall be deemed to be in force in the Court subject to the applicability thereof and with such modifications as the circumstances may require. (L.N. 182 of 1970) DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 11 (Repealed L.N. 186 of 2000) VerDate:01/09/2000 DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 11 Form of register VerDate:30/06/1997 Register of Civil Actions (1) The Registrar shall cause to be kept, in respect of each district of the Court, a register to be called the "Register of Civil Actions" in the form heretofore adopted, or in such form as the Chief Justice may from time to time direct, and shall cause each such register to be maintained by proper entries therein in relation to all actions and proceedings in the Court. (2) Every action or proceeding in each district shall be numbered in each year according to the order in which the same is commenced. (L.N. 182 of 1970) DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 12 (Repealed L.N. 186 of 2000) VerDate:01/09/2000 DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 12 Commencement of proceedings VerDate:30/06/1997 Commencement of proceedings (L.N. 182 of 1970) (1) Subject to the provisions of these rules, and to the provisions of any other enactment, every proceeding in the Court shall be commenced by a writ. (2) Every writ shall state or have endorsed thereon- (a) particulars of the plaintiff's claim, specifying the cause of action and the pecuniary or other claim which he seeks to establish or the relief or remedy which he seeks; (b) where the plaintiff abandons the excess of his claim under section 34 of the Ordinance, the fact of such abandonment; (c) a notification to the defendant that in default of his filing a defence or counterclaim within 14 days of its service upon him, judgment may be obtained against him and enforced without further notice; (L.N. 224 of 1988) (d) such other particulars or notification as may be prescribed or as may from time to time be required by any direction given by the Chief Justice. (3) Every writ shall be signed by the plaintiff or his solicitor or counsel and shall set out the full postal address of the plaintiff and, where it is signed by his solicitor or counsel, the full postal address of the solicitor for the plaintiff. (L.N. 182 of 1970) DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 13 (Repealed L.N. 186 of 2000) VerDate:01/09/2000 DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 13 No specially endorsed writ procedure VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 Endorsements of writs No writ specially endorsed with a statement of the claim made by the plaintiff, or of the remedy or relief to which he claims to be entitled, for the purpose of obtaining summary judgment thereon, shall issue in the Court, and no provision of the Rules of the High Court (Cap 4 sub. leg.) relating to specially endorsed writs shall apply to the Court except in so far as any such provision is specially enacted in these rules. (L.N. 182 of 1970; 25 of 1998 s. 2) DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 13 No specially endorsed writ procedure VerDate:30/06/1997 Endorsements of writs No writ specially endorsed with a statement of the claim made by the plaintiff, or of the remedy or relief to which he claims to be entitled, for the purpose of obtaining summary judgment thereon, shall issue in the Court, and no provision of the Rules of the Supreme Court (Cap 4 sub. leg.) relating to specially endorsed writs shall apply to the Court except in so far as any such provision is specially enacted in these rules. (L.N. 182 of 1970) DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 14 (Repealed L.N. 186 of 2000) VerDate:01/09/2000 DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 14 Endorsement for fixed costs VerDate:30/06/1997 (1) Where the plaintiff's claim is for a debt or liquidated demand only, the writ, in addition to stating in the particulars of claim the nature of the claim, the amount claimed for debt or in respect of such demand, and for any interest thereon payable by law or under any contract, express or implied, shall be endorsed with a statement that, on payment thereof and of the amount of the fixed costs allowed by the District Court Civil Procedure (Costs) Rules (Cap 336 sub. leg.), within 14 days after service or, in the case of a writ not for service within the jurisdiction, within the time allowed for appearance, further proceedings will be stayed and the defendant will not be liable for further costs. (L.N. 182 of 1970; L.N. 244 of 1991) (2) Where the plaintiff's claim is for recovery of immovable property, the writ, in addition to stating in the particulars of claim the grounds upon which the claim is made and the arrears of rent claimed, if any, and the rate at which and period in respect of which mesne profits are claimed, shall be endorsed with a statement that, on the defendant giving up possession of the property to the plaintiff and paying the arrears of rent, if any, and the mesne profits up to the date on which possession is given up as aforesaid and the amount of the fixed costs allowed by the District Court Civil Procedure (Costs) Rules (Cap 336 sub. leg.), within the period mentioned in paragraph (1), further proceedings will be stayed and the defendant will not be liable for further costs. DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 15 (Repealed L.N. 186 of 2000) VerDate:01/09/2000 DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 15 Endorsement in money-lender's action VerDate:30/06/1997 Where an action for the recovery of money lent by a money-lender or for the enforcement of any agreement or security relating to any such money is brought by the lender or by an assignee of the tender, the particulars of claim shall state, in addition to any other particulars- (a) that at the time of making the loan or contract the plaintiff or, in an action by an assignee, the original assignor was a registered money-lender under the Money Lenders Ordinance (Cap 163); (b) the date on which the loan was made, or where the action is brought on an agreement or security given in consideration of the renewal of former loans, the date on which each such loan was made; (c) the amount actually lent to the borrower; (d) the rate of interest expressed as a percentage per annum charged on the amount actually lent; (L.N. 331 of 1983) (e) the amounts paid by way of interest and the periods in respect of which and the dates on which each such payment was made; (f) the amount of principal repaid and the date or dates of payment; (g) every other amount paid by the borrower to the lender in respect of the loan or loans as the case may be, whether as a premium or otherwise; (h) the amount of principal due and unpaid; and (i) the amount of interest due and unpaid. DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 16 (Repealed L.N. 186 of 2000) VerDate:01/09/2000 DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 16 Endorsement for account VerDate:30/06/1997 Where the plaintiff in the first instance desires to have an account taken and no amount is claimed in the particulars the plaintiff shall be deemed to claim an amount equal to the maximum amount with respect to which the Court has jurisdiction in contract for the time being. DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 17 (Repealed L.N. 186 of 2000) VerDate:01/09/2000 DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 17 Service on infants VerDate:30/06/1997 Service (1) No special mode of service shall be required, as of course, with respect to a party who is an infant, but whenever it appears to the Court that any party served or to be served with a writ or other process in any proceedings is an infant of such tender years as to be unable to present his case or to give instructions therefor the Court may order that the writ or other process be served on the father or guardian of the infant or other person having the custody or control of the infant, and that in the meantime the proceedings be stayed: Provided that unless the Court otherwise orders service made or to be made on such an infant shall be deemed good service. (2) The provisions of this rule shall apply to interlocutory proceedings in the Court. (L.N. 182 of 1970) DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 18 (Repealed L.N. 186 of 2000) VerDate:01/09/2000 DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 18 Service of proceedings for recovery of immovable property VerDate:30/06/1997 Where a plaintiff's claim is for the recovery of immovable property, in addition to and not in substitution for any other mode of service, a copy of the writ shall be posted in a conspicuous place on or at the entrance to the premises recovery of which is claimed. DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 19 (Repealed L.N. 186 of 2000) VerDate:01/09/2000 DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 19 Order for substituted service VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 The power to order substituted service of a document under rule 4 of Order 65 of the Rules of the High Court (Cap 4 sub. leg.) may be exercised by the Registrar. (L.N. 182 of 1970; 25 of 1998 s. 2) DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 19 Order for substituted service VerDate:30/06/1997 The power to order substituted service of a document under rule 4 of Order 65 of the Rules of the Supreme Court (Cap 4 sub. leg.) may be exercised by the Registrar. (L.N. 182 of 1970) DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 20 (Repealed L.N. 186 of 2000) VerDate:01/09/2000 DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 20 Service of writ VerDate:30/06/1997 Service on defendant (L.N. 182 of 1970) (1) Subject to the provisions of these rules and to the provisions of any other enactment the plaintiff or his agent shall serve a copy of the writ on each defendant together with a notice in Form 5A in the Second Schedule to the District Court Civil Procedure (Forms) Rules (Cap 336 sub. leg.), such service to be effected- (a) by serving them personally on the defendant; or (b) by sending them by ordinary post to the defendant at his usual or last known address. (L.N. 163 of 1981) (1A) Where a writ is served by post in accordance with paragraph (1)(b), the date of service shall, unless the contrary is shown, be deemed to be the seventh day after the date of posting. (L.N. 16 of 1985) (2) The time within which a writ may be served shall, unless extended under paragraph (3), be limited to a period of 12 months from the day of its issue. (2A) Where a writ has been served, the original writ shall, within 3 days of service, be endorsed by the plaintiff or his agent with the date of service and returned to the Registrar. (L.N. 163 of 1981) (3) Where reasonable efforts have been made to serve the writ within the period of 12 months from the day of its issue and service has not been effected, the Registrar may, on the application of the plaintiff, order that the time within which the writ may be served be extended for a further period not exceeding 12 months or for successive periods not exceeding 12 months each: Provided that the time shall not be extended for any period unless the application therefore is made within the currency of the last preceding period. (4) A note of any extension of the time allowed for service shall be endorsed on the writ and on any copy thereof and shall be noted in the Register of Civil Actions of the Court. (5) Where a writ has not been served within the time allowed for service by this rule, the Registrar shall strike out the action from the Register of Civil Actions. (L.N. 182 of 1970) DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 21 (Repealed L.N. 186 of 2000) VerDate:01/09/2000 DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 21 Defendant to deliver defence or counterclaim if claim disputed VerDate:30/06/1997 Defence and counterclaim (L.N. 182 of 1970) (1) (a) A defendant who disputes his liability for the whole or part of any claim or intends to set up a counterclaim shall, within 14 days of the service of the writ upon him, file at the registry out of which the writ has been issued a defence or counterclaim, as the case may be, signed by himself or his solicitor or counsel and setting out his full postal address and, where it is signed by his solicitor or counsel, the full postal address of his solicitor. (b) Where a defence or counterclaim has been filed pursuant to sub-paragraph (a), a plaintiff may, before the expiration of 14 days after the service on him of that defence or counterclaim, file a reply or defence to counterclaim signed by himself or his solicitor or counsel. (L.N. 206 of 1986) (2) The period of 14 days specified in paragraph (1) may be extended for a further period not exceeding 21 days upon a party filing, within the period of 14 days, a notice signed by the other party consenting to the extension of time. (2A) A judge may extend the period of 14 days referred to in paragraph (2) although the application for extension is not made until after the expiration of that period. (L.N. 163 of 1981) (3) The filing of a defence shall not operate as a waiver of any irregularity in process or want of jurisdiction, but the Court may make such order as to costs or otherwise as it thinks fit. (L.N. 182 of 1970) DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 22 (Repealed L.N. 186 of 2000) VerDate:01/09/2000 DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 22 Judgment in default of defence VerDate:30/06/1997 Judgment in default of defence and upon admission (L.N. 182 of 1970) (1) Where the plaintiff's claim against the defendant is for- (a) the possession of land; (b) the return of any specific chattel; or (c) the payment of any debt or liquidated demand, and no defence or counterclaim has been filed in accordance with rule 21, the plaintiff may apply to enter judgment. (2) An application for entry of judgment in default of defence or counterclaim pursuant to paragraph (1) shall be made in writing to the Registrar and, where the claim is for the possession of land or for rent, or is by a money-lender, or the assignee of a money-lender, for money lent, such application shall be supported by an affidavit- (a) verifying the claim, and exhibiting the original of any document evidencing the claim, or accounting for the loss of any such document; and (b) in the case of a claim for possession of land or for rent, declaring, as the case may be, that the rent is not in excess of the amount recoverable by law or that the land is exempt from any law controlling its recovery or the amount of the rent, and the ground of such exemption. (3) Upon application made under paragraph (2) and upon reading any affidavit filed in support of such application, the Registrar shall, subject to paragraph (4), cause judgment to be entered for the plaintiff with costs, by endorsing the writ filed in the Registry to such effect. (4) The Registrar may, where he thinks fit, refer any application under paragraph (2) to a judge who may make such order thereon as the justice of the case may require. (5) If at any time after the expiration of the period limited for the filing of a defence or counterclaim but before judgment has been entered, the defendant files a defence or counterclaim in accordance with rule 21, the provisions of this rule shall not apply. (6) Where a writ is endorsed with a claim against a defendant for unliquidated damages only, then, if that defendant fails to file a defence in accordance with rule 21, the plaintiff may apply to the Registrar to enter interlocutory judgment against that defendant for damages to be assessed by a judge in chambers and costs, and may proceed with the action against the other defendants, if any. (7) Judgment shall not be entered against a defendant under this rule unless the Registrar is satisfied that the writ has been served on the defendant. (8) The Court may, on such terms as it thinks fit, set aside or vary judgment entered under this rule. (9) A claim in an action for- (a) the cost of repairs executed to a vehicle or to any property in, on or abutting a street in consequence of damage which it is alleged to have sustained in an accident due to the defendant's negligence; and (b) any damages for the loss of use of the vehicle or property pending its repair, shall, unless the court otherwise orders, be treated as a liquidated demand for the purposes of these rules. (L.N. 163 of 1981) (L.N. 182 of 1970) DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 23 (Repealed L.N. 186 of 2000) VerDate:01/09/2000 DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 23 Admission and request for time VerDate:30/06/1997 (1) A defendant or plaintiff who admits his liability for the whole or part of any claim or counterclaim but desires time for payment or to pay by instalments may, within 14 days of the service of the writ or counterclaim on him, or of the expiry of any further period specified in rule 21(1)(b), as the case may be, file at the court office such an application together with an affidavit as to means. (2) Upon receipt of an application and affidavit under paragraph (1), the Registrar shall- (a) as soon as practicable enter judgment in accordance with the admission; and (b) notify the other party of the entry of judgment and the application for time for payment or to make payment by instalments. (L.N. 163 of 1981) (3) Any application under paragraph (1) shall be dealt with under rule 60. (L.N. 182 of 1970; L.N. 163 of 1981) DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 24 (Repealed L.N. 186 of 2000) VerDate:01/09/2000 DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 24 Registrar to fix hearing date when defence etc. filed VerDate:30/06/1997 Date of hearing (L.N. 182 of 1970) (1) Where- (a) a defence or counterclaim has been filed within the period provided for by rule 21 or before judgment has been entered; or (b) the period within which a defence or counterclaim, or a reply or defence to counterclaim, should have been filed has elapsed and no such defence or counterclaim, or a reply or defence to counterclaim, has been filed, (L.N. 163 of 1981) any party to the action may, on giving notice to all other parties apply to the Registrar in Form 15B in the Second Schedule to the District Court Civil Procedure (Forms) Rules (Cap 336 sub. leg.) to fix a day for the hearing of the action. (2) At the expiration of not less than 3 days after the receipt of an application under paragraph (1) and subject to any order of the court, the Registrar shall fix a day for the hearing of the action and shall give not less than 14 clear days' notice thereof to all parties, or such other period of notice as the parties may consent to. (3) The Registrar may refer any application under paragraph (1) to a judge who may make such order as he thinks fit. (4) Any party to an action may, at any time before a date for the hearing of the action has been fixed, make representations to the Registrar with regard thereto. (L.N. 182 of 1970) DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 25 (Repealed L.N. 186 of 2000) VerDate:01/09/2000 DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 25 Framing of issues VerDate:30/06/1997 Framing of issues (L.N. 182 of 1970) (1) The Court may, in any proceedings, frame and record such issues of fact and law as it may think fit for the better hearing and determination of the cause and where such issues have been so framed and recorded no party shall be at liberty to depart therefrom except with the leave of the Court which may be given on such terms as to costs, payment of money into court, giving security or otherwise as the Court may think fit. (2) Notwithstanding the provisions of paragraph (1) the Court may in any cause make any such order for the filing and delivery of pleadings or particulars, formal or informal, as it may consider necessary or desirable for the better hearing and determination of the cause. (3) Nothing in this rule shall require the Court to frame or to record issues. (L.N. 182 of 1970) DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 26 (Repealed L.N. 186 of 2000) VerDate:01/09/2000 DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 26 Procedure for framing issues VerDate:30/06/1997 (1) For the purposes of framing issues in accordance with the provisions of rule 25, the Court may- (a) ascertain from each party or from his counsel, solicitor or other representative, what facts he admits or denies; (b) orally examine any party or his representative, other than counsel or solicitor, appearing or present in Court; (c) order that any party shall appear in person on a date specified in the order and adjourn the hearing of the matter to such date; (d) call upon any party to produce all documents in his possession or in his power, upon which he intends to rely in support of his case, and if necessary order any party to produce such documents on a date specified in the order and adjourn the hearing of the matter to such date; (e) have regard to any allegations made in any particulars of claim or other pleadings, formal or informal, in the cause and to the contents of any document produced by any party; and (f) require the production of, and examine, any record of proceedings forming part of the records of the Court or of a tenancy tribunal established under Part I of the Landlord and Tenant (Consolidation) Ordinance (Cap 7). (2) The Court may, at any time- (a) adjourn the framing of issues; (b) amend issues already framed, frame additional issues or strike out issues which appear to be wrongly framed, on such terms as to costs, payment of money into court, giving security or otherwise as it thinks fit. (L.N. 182 of 1970) DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 27 (Repealed L.N. 186 of 2000) VerDate:01/09/2000 DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 27 Summary judgment VerDate:30/06/1997 Summary judgment, trial, etc. (L.N. 182 of 1970) (1) Where- (a) any party appearing or present in court, upon being required so to do by the Court for the purpose of framing issues, refuses without reasonable excuse to be orally examined by the judge or to produce any document then and there in his possession; or (b) the defendant, in the opinion of the Court, fails, by himself or by his counsel, solicitor or other representative to disclose any reasonable ground of defence; or (c) any party being bound by an order made under rule 26(1)(c) or (d) fails without reasonable excuse to obey the same, the Court may pronounce such judgment against him and in such terms as it shall think fit or make such order and impose such terms as to costs, payment of money into court, giving security or otherwise as it thinks fit. (2) Whenever, in the opinion of the Court, the issues are sufficiently established for the immediate determination of the cause, the Court may pronounce judgment forthwith in such terms as it shall think fit. (L.N. 182 of 1970) DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 28 (Repealed L.N. 186 of 2000) VerDate:01/09/2000 DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 28 Summary judgment for part of a claim VerDate:30/06/1997 Where a claim is for a debt or for liquidated damages only and the defendant- (a) admits a sum less than the amount claimed; or (b) in the opinion of the Court, fails, by himself or by his counsel, solicitor or other representative, to disclose any reasonable ground of defence with respect to part of the claim; or (c) has a counterclaim and it appears to the Court that the maximum amount which could be recovered thereunder, if the counterclaim were to be upheld, is less than the amount of the claim, the Court may, if it thinks fit, enter judgment forthwith for the sum so admitted or for the sum in respect of which no reasonable ground of defence is disclosed or for a sum representing the difference between the amount of the claim and the maximum amount which appears to be recoverable on the counterclaim, as the case may be, with or without costs, and may permit execution to be levied forthwith on such judgment, without prejudice to the hearing and determination of the matters remaining in dispute between the parties. (L.N. 182 of 1970) DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 29 (Repealed L.N. 186 of 2000) VerDate:01/09/2000 DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 29 Date of trial VerDate:30/06/1997 Except with the consent of the parties or the leave of the Court no action or matter shall be heard or determined before the expiry of 3 clear days or such other period as may be prescribed after the service of the writ or other process originating the proceedings. (L.N. 182 of 1970) DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 30 (Repealed L.N. 186 of 2000) VerDate:01/09/2000 DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 30 Notice of special defence VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 Except with the consent of the parties or the leave of the Court, which leave may be given on such terms as to costs, payment of money into court, giving security or otherwise as the Court thinks fit, no defendant may rely on any equitable defence or on any special defence, such as set-off, illegality, want of consideration or any limitation period, unless at least 3 clear days' written notice thereof has been given to the plaintiff, or to his counsel or solicitor, and to the Court. (L.N. 182 of 1970; 25 of 1998 s. 2) DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 30 Notice of special defence VerDate:30/06/1997 Except with the consent of the parties or the leave of the Court, which leave may be given on such terms as to costs, payment of money into court, giving security or otherwise as the Court thinks fit, no defendant may rely on any equitable defence or on any special defence, such as set-off, illegality, want of consideration or the statute of limitations, unless at least 3 clear days' written notice thereof has been given to the plaintiff, or to his counsel or solicitor, and to the Court. (L.N. 182 of 1970) DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 31 (Repealed L.N. 186 of 2000) VerDate:01/09/2000 DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 31 Action to be struck out in certain circumstances VerDate:30/06/1997 Want of prosecution (L.N. 182 of 1970) (1) Where no application for entry of judgment is made under rule 22 within 3 months from the expiration of the period within which a defence or counterclaim should have been filed or within such extended period as may have been ordered by the Court under paragraph (3), the Registrar shall strike out the action from the Register of Civil Actions. (2) Where no application to fix a date for the hearing of an action is made under rule 24 within 3 months from the date on which the defence or counterclaim was filed or within such extended period as may have been ordered by the Court under paragraph (3), the Registrar shall strike out the action from the Register of Civil Actions, and upon the application of any party a judge may award such costs as he thinks fit. (L.N. 163 of 1981) (3) The Court may, on such terms as it thinks just, by order- (a) extend the period provided in paragraph (1) during which an application for entry of judgment may be made under rule 22; (b) extend the period provided in paragraph (2) during which an application to fix a date for the hearing of an action may be made under rule 24. (L.N. 224 of 1988) (4) The Court may extend the periods referred to in paragraph (3)(a) and (b) although the application for extension is not made until after the action has been struck out from the Register of Civil Actions. (L.N. 224 of 1988) (L.N. 182 of 1970; L.N. 224 of 1988) DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 32 (Repealed L.N. 186 of 2000) VerDate:01/09/2000 DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 32 Actions by and against infants VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 Infants (L.N. 182 of 1970) (1) An infant shall not, as of course, sue by his next friend or defend by a guardian ad litem, but the Court may so order upon it appearing to the Court that the infant is unable of himself properly to present his case, or defend the action, or give instructions therefor. (2) Rule 8 of Order 80 of the Rules of the High Court (Cap 4 sub. leg.) shall not, in so far as it relates to infants, apply to any proceedings in the Court unless the Court otherwise directs. (3) Rule 10 of Order 80 of the Rules of the High Court (Cap 4 sub. leg.) shall not, in so far as it relates to infants, apply to any proceedings in the Court unless an order has been made under paragraph (1). (4) This rule shall apply to the trial of any action in the Court and to interlocutory proceedings in respect of such actions. (L.N. 182 of 1970. 25 of 1998 s. 2) DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 32 Actions by and against infants VerDate:30/06/1997 Infants (L.N. 182 of 1970) (1) An infant shall not, as of course, sue by his next friend or defend by a guardian ad litem, but the Court may so order upon it appearing to the Court that the infant is unable of himself properly to present his case, or defend the action, or give instructions therefor. (2) Rule 8 of Order 80 of the Rules of the Supreme Court (Cap 4 sub. leg.) shall not, in so far as it relates to infants, apply to any proceedings in the Court unless the Court otherwise directs. (3) Rule 10 of Order 80 of the Rules of the Supreme Court (Cap 4 sub. leg.) shall not, in so far as it relates to infants, apply to any proceedings in the Court unless an order has been made under paragraph (1). (4) This rule shall apply to the trial of any action in the Court and to interlocutory proceedings in respect of such actions. (L.N. 182 of 1970) DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 33 (Repealed L.N. 186 of 2000) VerDate:01/09/2000 DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 33 Third party notice VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 Third party procedure (L.N. 182 of 1970) (1) The Court may, upon a written or oral application made ex parte and without notice by a defendant to an action, give leave to the defendant to issue and serve a third party notice and on granting such leave shall specify a period within which the notice shall be served. (2) The defendant obtaining the third party notice shall serve it upon the third party together with a copy of the writ by which the action was begun and of the pleadings, (if any) served in the action and the third party shall, as from the time of such service, be a party to the action with the same rights and duties in respect of his defence against any claim made against him and otherwise as if he had been sued in the ordinary way by the defendant. (L.N. 163 of 1981) (2A) Service of the documents referred to in paragraph (2) shall be effected- (a) by serving them personally on the third party; or (b) by sending them by ordinary post to the third party at his usual or last known address. (L.N. 163 of 1981) (3) Order 16 of the Rules of the High Court (Cap 4 sub. leg.) shall, in its application to the Court, be read in conjunction with this rule. (25 of 1998 s. 2) (L.N. 182 of 1970) DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 33 Third party notice VerDate:30/06/1997 Third party procedure (L.N. 182 of 1970) (1) The Court may, upon a written or oral application made ex parte and without notice by a defendant to an action, give leave to the defendant to issue and serve a third party notice and on granting such leave shall specify a period within which the notice shall be served. (2) The defendant obtaining the third party notice shall serve it upon the third party together with a copy of the writ by which the action was begun and of the pleadings, (if any) served in the action and the third party shall, as from the time of such service, be a party to the action with the same rights and duties in respect of his defence against any claim made against him and otherwise as if he had been sued in the ordinary way by the defendant. (L.N. 163 of 1981) (2A) Service of the documents referred to in paragraph (2) shall be effected- (a) by serving them personally on the third party; or (b) by sending them by ordinary post to the third party at his usual or last known address. (L.N. 163 of 1981) (3) Order 16 of the Rules of the Supreme Court (Cap 4 sub. leg.) shall, in its application to the Court, be read in conjunction with this rule. (L.N. 182 of 1970) DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 34 (Repealed L.N. 186 of 2000) VerDate:01/09/2000 DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 34 Pleadings necessary only when ordered VerDate:30/06/1997 Pleadings (L.N. 182 of 1970) (1) Save as provided in the Ordinance or in these rules, pleadings shall not be required, as of course, in the Court but shall only be necessary where the Court makes an order therefor. (2) On making such an order the Court shall specify a period within which such pleading shall be filed. (L.N. 182 of 1970) DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 35 (Repealed L.N. 186 of 2000) VerDate:01/09/2000 DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 35 Filing of pleadings VerDate:30/06/1997 (1) Without prejudice to rule 20(1), any party to an action may file any pleading by delivering the pleading by hand to the registry of the Court in which the action was commenced together with as many copies thereof as there are other parties to the action. (2) Where a pleading is filed under paragraph (1) the Registrar shall send a copy thereof to the solicitor appearing on the record on behalf of each party to the action or, where there is no such solicitor, to the party at the address given on the writ or the defence as the case may be. (3) Where the pleading filed is a defence, the Registrar shall attach to each copy thereof, which he sends under paragraph (2), a notice in Form 15A in the Second Schedule to the District Court Civil Procedure (Forms) Rules (Cap 336 sub. leg.). (L.N. 182 of 1970) DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 36 (Repealed L.N. 186 of 2000) VerDate:01/09/2000 DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 36 Pleading of conviction, etc. VerDate:30/06/1997 (1) Any party to an action who intends in reliance on section 62 or 63 of the Evidence Ordinance (Cap 8) to adduce evidence of a conviction or finding of adultery shall include in his particulars of claim or defence, as the case may be, a statement of his intention with particulars of- (a) the conviction or finding and the date thereof; (b) the Court which made the conviction or finding; and (c) the issue in the action to which the conviction or finding is relevant. (2) Where a plaintiff's particulars of claim include such a statement as is mentioned in paragraph (1), then if the defendant- (a) denies the conviction or finding; or (b) alleges that it was erroneous; or (c) denies that it is relevant to any issue in the action, he shall make the denial or allegation in his defence. (L.N. 182 of 1970) DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 37 (Repealed L.N. 186 of 2000) VerDate:01/09/2000 DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 37 Pleadings to follow Rules of High Court VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 Save as the Court may otherwise allow, the provisions of the Rules of the High Court (Cap 4 sub. leg.) relating to the form and contents of pleadings shall apply to proceedings in the Court. (L.N. 182 of 1970; 25 of 1998 s. 2) DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 37 Pleadings to follow Rules of Supreme Court VerDate:30/06/1997 Save as the Court may otherwise allow, the provisions of the Rules of the Supreme Court (Cap 4 sub. leg.) relating to the form and contents of pleadings shall apply to proceedings in the Court. (L.N. 182 of 1970) DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 38 (Repealed L.N. 186 of 2000) VerDate:01/09/2000 DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 38 Extension of time for filing of pleadings VerDate:30/06/1997 The Court may, whether before or after the time limited for the filing of any pleading and whether such limitation be by these rules or by the Court, extend the time allowed therefor on such terms as it may think fit. (L.N. 182 of 1970) DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 38A (Repealed L.N. 186 of 2000) VerDate:01/09/2000 DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 38A Further particulars and amendment of pleadings VerDate:30/06/1997 (1) Whenever it appears to the Court that the particulars of- (a) any claim or counterclaim- (i) do not comply with these rules; (ii) do not adequately disclose a cause of action; (iii) fail to cover facts which, if proved, would establish the jurisdiction of the Court; or (iv) are otherwise insufficient; or (b) any defence or defence to counterclaim- (i) do not comply with these rules; (ii) do not disclose an adequate defence; (iii) are otherwise insufficient, (L.N. 163 of 1981) the Court may, either upon the application of a party or of its own motion and on such terms as it thinks fit, order that the particulars be struck out or amended in such manner as it shall direct or that further and better particulars be filed within a limited period. (2) The provisions of rule 35(1) and (2) shall apply to the filing of further and better particulars ordered to be filed under paragraph (1). (3) If a party requires further or better particulars of any other party's case he may, at any time before the Court has fixed a date for the trial, give notice to the opponent specifying what further or better particulars he requires, and the other party shall, within 5 days of the service of the notice, file such further or better particulars as may properly be required and within the same time deliver a copy thereof to the party requiring the particulars. (4) If a notice under paragraph (3) is not complied with, the Court, either before or at the trial, if it is satisfied that the party requiring the particulars is thereby prejudiced, may- (a) order the further or better particulars to be filed and delivered; and (b) stay all proceedings until such order has been obeyed; or (c) direct that the action be struck out or that the defendant be debarred from defending, as the case may be, unless such order is obeyed within such further time as the Court may allow, and the Court may make such order as to costs as it thinks fit. (5) Paragraphs (3) and (4) shall apply, with such modifications as are necessary, to a counterclaim and to third party proceedings in the same manner as it applies to an action. (L.N. 182 of 1970) DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 38B (Repealed L.N. 186 of 2000) VerDate:01/09/2000 DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 38B Dispensing with filing and service of amended pleading VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 The Court may dispense with compliance with the requirements of Order 20 the Rules of the High Court (Cap 4 sub. leg.) relating to the filing and service of an amended pleading if it is satisfied that any amendment such as is referred to in that Order has been sufficiently communicated to the other party and to the Court. (L.N. 182 of 1970; 25 of 1998 s. 2) DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 38B Dispensing with filing and service of amended pleading VerDate:30/06/1997 The Court may dispense with compliance with the requirements of Order 20 the Rules of the Supreme Court (Cap 4 sub. leg.) relating to the filing and service of an amended pleading if it is satisfied that any amendment such as is referred to in that Order has been sufficiently communicated to the other party and to the Court. (L.N. 182 of 1970) DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 38C (Repealed L.N. 186 of 2000) VerDate:01/09/2000 DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 38C Signature of documents in case of corporations VerDate:30/06/1997 General (L.N. 182 of 1970) Where a corporation is a party to an action, any document which is required to be signed by a party to an action, may be signed by one of the directors of that corporation or by the secretary of that corporation, or by counsel or a solicitor. (L.N. 182 of 1970) DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 38D (Repealed L.N. 186 of 2000) VerDate:01/09/2000 DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 38D Solicitor on the record VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 (1) Where any document in an action filed in the Court is signed in the name of a solicitor or firm of solicitors, or by counsel instructed by a solicitor or firm of solicitors, that solicitor or firm of solicitors shall be the solicitor on the record until notice of change of solicitor is filed and served in accordance with rule 1 of Order 67 of the Rules of the High Court (Cap 4 sub. leg.). (25 of 1998 s. 2) (2) Where any party to an action in respect of whom there is no solicitor on the record appears at the trial of that action or at the hearing of any interlocutory application by solicitor or counsel, the Court shall record the name of the solicitor appearing or, where the party appears by counsel, the name of the solicitor instructing that counsel, and such solicitor or, where he is in partnership or is an assistant solicitor, the firm in which he is a partner or an assistant, as the case may be, shall be the solicitor on the record. (L.N. 182 of 1970) DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 38D Solicitor on the record VerDate:30/06/1997 (1) Where any document in an action filed in the Court is signed in the name of a solicitor or firm of solicitors, or by counsel instructed by a solicitor or firm of solicitors, that solicitor or firm of solicitors shall be the solicitor on the record until notice of change of solicitor is filed and served in accordance with rule 1 of Order 67 of the Rules of the Supreme Court (Cap 4 sub. leg.). (2) Where any party to an action in respect of whom there is no solicitor on the record appears at the trial of that action or at the hearing of any interlocutory application by solicitor or counsel, the Court shall record the name of the solicitor appearing or, where the party appears by counsel, the name of the solicitor instructing that counsel, and such solicitor or, where he is in partnership or is an assistant solicitor, the firm in which he is a partner or an assistant, as the case may be, shall be the solicitor on the record. (L.N. 182 of 1970) DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 38E (Repealed L.N. 186 of 2000) VerDate:01/09/2000 DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 38E Mode of service VerDate:30/06/1997 Where in any proceedings in the Court any document is to be served on any person and no other mode of service is prescribed by any law, service shall be effected- (a) where the person to be served is acting in person- (i) by delivering the document to him or at his residence or by sending the document by prepaid post to his last known address; (ii) if he is a proprietor of a business, by delivering the document at his place of business or sending it by prepaid post to his last known place of business; (b) where the person to be served is acting by a solicitor, by delivering the document at or sending it by prepaid post to the solicitor's address for service. (L.N. 182 of 1970) DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 39 (Repealed L.N. 186 of 2000) VerDate:01/09/2000 DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 39 Informal order for discovery VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 Discovery of documents (1) The Court may, of its own motion but subject to any proper claim of privilege, make such order for discovery of documents, including the mode of discovery, as it may consider necessary or desirable and the provisions of rule 16 of Order 24 of the Rules of the High Court (Cap 4 sub. leg.) shall apply to any failure to comply with the provisions of any such order. (2) Nothing in this rule shall prevent the adoption by any party of the formal procedure prescribed by the Rules of the High Court (Cap 4 sub. leg.) with reference to discovery of documents. (L.N. 182 of 1970; 25 of 1998 s. 2) DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 39 Informal order for discovery VerDate:30/06/1997 Discovery of documents (1) The Court may, of its own motion but subject to any proper claim of privilege, make such order for discovery of documents, including the mode of discovery, as it may consider necessary or desirable and the provisions of rule 16 of Order 24 of the Rules of the Supreme Court (Cap 4 sub. leg.) shall apply to any failure to comply with the provisions of any such order. (2) Nothing in this rule shall prevent the adoption by any party of the formal procedure prescribed by the Rules of the Supreme Court (Cap 4 sub. leg.) with reference to discovery of documents. (L.N. 182 of 1970) DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 40 (Repealed L.N. 186 of 2000) VerDate:01/09/2000 DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 40 Informal order for inspection VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 Inspection of documents (1) The Court may, of its own motion but subject to any proper claim of privilege, order any party to produce any relevant document in his possession or under his control for inspection by any other party and may order that any such inspection shall take place in the presence of an officer of the Court and the provisions of rule 16 of Order 24 of the Rules of the High Court (Cap 4 sub. leg.) shall apply to any failure to comply with the provisions of any such order. (25 of 1998 s. 2) (2) Any party who fails to comply with any such order shall not, except with the leave of the Court, be permitted to rely at the trial of the action on any document mentioned in the order. (3) Nothing in this rule shall prevent the adoption by any party of the formal procedure prescribed by the Rules of the High Court (Cap 4 sub. leg.) with reference to discovery and inspection of documents. (25 of 1998 s. 2) (4) The powers of the Court with regard to the making of orders for the discovery and inspection of documents may be exercised by the Registrar. (L.N. 182 of 1970) (5) Any party dissatisfied with an order for discovery and inspection of documents made by the Registrar may, within 5 days of the making of such order and upon giving not less than 2 days' notice to any other party, apply to the Court to set aside such order. (L.N. 182 of 1970) (L.N. 182 of 1970) DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 40 Informal order for inspection VerDate:30/06/1997 Inspection of documents (1) The Court may, of its own motion but subject to any proper claim of privilege, order any party to produce any relevant document in his possession or under his control for inspection by any other party and may order that any such inspection shall take place in the presence of an officer of the Court and the provisions of rule 16 of Order 24 of the Rules of the Supreme Court (Cap 4 sub. leg.) shall apply to any failure to comply with the provisions of any such order. (2) Any party who fails to comply with any such order shall not, except with the leave of the Court, be permitted to rely at the trial of the action on any document mentioned in the order. (3) Nothing in this rule shall prevent the adoption by any party of the formal procedure prescribed by the Rules of the Supreme Court (Cap 4 sub. leg.) with reference to discovery and inspection of documents. (4) The powers of the Court with regard to the making of orders for the discovery and inspection of documents may be exercised by the Registrar. (L.N. 182 of 1970) (5) Any party dissatisfied with an order for discovery and inspection of documents made by the Registrar may, within 5 days of the making of such order and upon giving not less than 2 days' notice to any other party, apply to the Court to set aside such order. (L.N. 182 of 1970) (L.N. 182 of 1970) DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 41 (Repealed L.N. 186 of 2000) VerDate:01/09/2000 DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 41 Informal applications, etc. VerDate:30/06/1997 Interlocutory proceeding The Court may, if it thinks fit, permit any interlocutory application or opposition thereto to be made orally and without the filing of an affidavit or other preliminary formality, in court or in chambers, or in writing. (L.N. 182 of 1970) DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 42 (Repealed L.N. 182 of 1970) VerDate:30/06/1997 DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 43 (Repealed L.N. 186 of 2000) VerDate:01/09/2000 DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 43 Summons to postpone not necessary VerDate:30/06/1997 Postponement of trial, withdrawal of claim and directions (L.N. 182 of 1970) In any proceedings in the Court it shall not be necessary to issue a summons applying for the postponement of a trial and an application to postpone the trial of any action may be made orally and without any preliminary formality so long as proper notice of such application has been given to the other party in such proceedings. (L.N. 182 of 1970) DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 44 (Repealed L.N. 186 of 2000) VerDate:01/09/2000 DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 44 Withdrawal of claim, etc. VerDate:30/06/1997 (1) A plaintiff or a defendant may, at any time before judgment is entered and without the leave of the Court, withdraw his claim or counterclaim by giving notice in writing to the Registrar, and to every party against whom he desires to discontinue. (2) If any claim or counterclaim be settled upon terms, such terms may be made an order of the Court upon application by the parties either orally or in writing signed by all the parties. (3) It shall be the duty of all parties to an action entered in any list to furnish without delay to the officer who keeps the list all available information as to the action being or being likely to be settled, or affecting the estimated length of the trial and, if the action is settled or withdrawn, to notify that officer of the fact without delay and take such steps as may be necessary to withdraw the record. (L.N. 182 of 1970) DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 44A (Repealed L.N. 186 of 2000) VerDate:01/09/2000 DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 44A Directions and summary judgment VerDate:30/06/1997 (1) For the purposes of exercising any of the powers granted by rules 25, 26, 27 and 28, the Court may, upon giving not less than 3 days' notice, require any party to an action to attend before the Court. (2) Any party to an action may, at any stage before the trial of the action and upon giving not less than 3 days' notice to all other parties, apply to the Court for directions. (3) Upon an application under paragraph (2), the Court shall give such directions upon such terms as it thinks fit. (L.N. 182 of 1970) DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 45 (Repealed L.N. 186 of 2000) VerDate:01/09/2000 (Repealed L.N. 182 of 1970) DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 45 (Repealed) VerDate:30/06/1997 Trial (Repealed L.N. 182 of 1970) DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 46 (Repealed L.N. 186 of 2000) VerDate:01/09/2000 DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 46 Notes of evidence VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 (1) It shall not be necessary for the judge in any proceedings in the Court to make a verbatim note of the oral evidence adduced but it shall be sufficient if he records the substance thereof in so far as it appears to him to be relevant. (2) (Repealed L.N. 182 of 1970) (3) Order 68 of the Rules of the High Court (Cap 4 sub. leg.) shall not apply to any proceedings in the Court unless in any case the judge otherwise orders. (L.N. 182 of 1970; 25 of 1998 s. 2) DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 46 Notes of evidence VerDate:30/06/1997 (1) It shall not be necessary for the judge in any proceedings in the Court to make a verbatim note of the oral evidence adduced but it shall be sufficient if he records the substance thereof in so far as it appears to him to be relevant. (2) (Repealed L.N. 182 of 1970) (3) Order 68 of the Rules of the Supreme Court (Cap 4 sub. leg.) shall not apply to any proceedings in the Court unless in any case the judge otherwise orders. (L.N. 182 of 1970) DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 47 (Repealed L.N. 186 of 2000) VerDate:01/09/2000 DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 47 Objection to evidence VerDate:30/06/1997 The Court may, in its discretion, reserve its decision as to the admissibility of evidence to which objection is taken and in the meantime admit the evidence without prejudice to its power to reject such evidence or any part thereof in determining the action. (L.N. 182 of 1970) DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 48 (Repealed L.N. 186 of 2000) VerDate:01/09/2000 DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 48 Production and endorsement of documents VerDate:30/06/1997 The Court or the Registrar, in any case in which judgment is to be entered ex parte or without a trial on the merits, may require production of any document, of whatsoever nature, relevant to the cause of action, subject to any proper claim of privilege, and may cause any such document to be marked as an exhibit in the proceedings. DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 49 (Repealed L.N. 186 of 2000) VerDate:01/09/2000 DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 49 Adjournment on terms VerDate:30/06/1997 Adjournments The power of the Court to grant an adjournment on terms shall extend to imposing terms requiring the payment of money into court or the giving of security, whatever the nature of the claim or counterclaim, if any, and the Court may order that, in default of compliance with any terms imposed, the claim or counterclaim shall be dismissed or the party in default shall not be permitted to prosecute his claim or counterclaim or to defend, as the case may be. DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 50 (Repealed L.N. 186 of 2000) VerDate:01/09/2000 DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 50 No letters of request, etc., in the Court VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 Evidence The Court shall not have power to issue any commission, request or order to examine witnesses outside Hong Kong. (L.N. 182 of 1970; 25 of 1998 s. 2) DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 50 No letters of request, etc., in the Court VerDate:30/06/1997 Evidence The Court shall not have power to issue any commission, request or order to examine witnesses abroad. (L.N. 182 of 1970) DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 51 (Repealed L.N. 186 of 2000) VerDate:01/09/2000 DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 51 Documents produced from proper custody VerDate:30/06/1997 Where a document, which, if it were duly proved, would be admissible in evidence, is produced to the Court from proper custody, it shall be admitted without further proof if- (a) in the opinion of the Court it appears genuine; and (b) no objection is taken thereto, and, if the admission of any document so produced is objected to, the Court may adjourn the hearing for proof of the document, and, if it is proved, the party objecting shall pay the costs occasioned by the objection, unless the Court otherwise orders. DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 52 (Repealed L.N. 186 of 2000) VerDate:01/09/2000 DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 52 No procedure for obtaining evidence for tribunal outside Hong Kong VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 There shall be no procedure in the Court for obtaining evidence in Hong Kong for use in a tribunal outside Hong Kong. (L.N. 182 of 1970; 25 of 1998 s. 2) DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 52 No procedure for obtaining evidence for foreign tribunal VerDate:30/06/1997 There shall be no procedure in the Court for obtaining evidence in the Colony for use in a foreign tribunal. (L.N. 182 of 1970) DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 53 (Repealed L.N. 186 of 2000) VerDate:01/09/2000 DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 53 Admissibility of shop-books, etc. VerDate:30/06/1997 (1) The Court may accept shop-books, account-books, invoices, delivery notes, sold-notes, bought-notes, indents, receipts, counterfoil-receipts, and other like books, documents and business records as prima facie evidence of the contents thereof and of the transactions to which they purport to relate if such books, documents or records appear to the Court to be genuine and are produced from custody which appears to the Court to be proper custody. (2) Where any such book, document or record, or any entry therein, is endorsed with or bears a signature or "chop" purporting to be that of any party, or his employee or agent, the Court may presume, until the contrary is proved, that the signature or "chop" is that of such party, employee or agent. DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 54 (Repealed L.N. 186 of 2000) VerDate:01/09/2000 DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 54 Banks accounts, etc., to be prima facie evidence VerDate:30/06/1997 (1) The Court may admit- (a) any document purporting to be issued by a bank and purporting to show the state of the account of any party or person with the bank; (b) any document purporting to be issued by a bank and purporting to state the reason for the dishonour of any cheque, as prima facie evidence of the truth of the contents thereof. (2) Where any cheque purports to be drawn or endorsed in the name or under the "chop" of any party or person the Court may presume it to have been drawn or endorsed by such party or person unless the contrary is proved. (3) For the purposes of this rule, the word "bank" (銀行) shall have the meaning assigned to it by section 2 of the Banking Ordinance (Cap 155). "bank" (銀行) DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 55 (Repealed L.N. 186 of 2000) VerDate:01/09/2000 DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 55 Delivery by transport contractors, etc. VerDate:30/06/1997 The Court may admit any delivery note, entry in a delivery book or other record prepared by a person employed as a common or private carrier, or otherwise employed or engaged to deliver goods, or by his servant or agent, and purporting to record the delivery of goods to any party, or to the premises of any party, as prima facie evidence of due delivery notwithstanding that the note, entry or record is not, or is not proved to be, signed or "chopped" or otherwise acknowledged by or on behalf of such party. DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 56 (Repealed L.N. 186 of 2000) VerDate:01/09/2000 DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 56 Certified translations VerDate:30/06/1997 Notwithstanding any rule of practice the Court may dispense with a certified translation of any document adduced in evidence and not being in the English language. DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 57 (Repealed L.N. 186 of 2000) VerDate:01/09/2000 DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 57 Office copies VerDate:30/06/1997 (1) Any document or matter to which this rule applies may, unless the Court otherwise directs, be proved by the production of an office copy. (2) This rule applies to the following- (a) an occupation permit issued by the Building Authority under section 137 of the repealed Buildings Ordinance 1935 (18 of 1935); (b) an occupation permit issued by the Building Authority under section 2 of the Buildings Ordinance (Cap 123); (c) an entry in the register of deeds and documents maintained by the Land Registrar under the New Territories Ordinance (Cap 97); and (d) a document of title, an agreement for the grant, exchange or surrender of land, and any other document relating to land, in the custody of the Land Registry established by the Land Registration Ordinance (Cap 128). (8 of 1993 s. 30) (3) For the purposes of this rule- (a) "office copy" (正式文本) means a document purporting to be a copy of or extract from the original and purporting to be certified by the proper officer as a true copy or extract; (b) "proper officer" (適當人員) means any officer of a Government department appearing to the Court to be authorized to certify the copy or extract; and (c) it shall not be necessary to prove the signature, official character or authority of any such officer or to give further proof of the contents of the document or matter sought to be proved under this rule by office copy. (4) On any office copy of an occupation permit such as is referred to in paragraph (2)(a) or (b), the proper officer may endorse a statement specifying the premises to which the permit relates; and the provisions of this rule relating to office copies shall apply to any such statement. "office copy" (正式文本) "proper officer" (適當人員) DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 58 (Repealed L.N. 186 of 2000) VerDate:01/09/2000 DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 58 Landlord and Tenant (Consolidation) Ordinance; building plans, etc. VerDate:30/06/1997 (1) Where, in any proceedings before the Court, the question whether or not any building is an entirely new building within the meaning of Part I of the Landlord and Tenant (Consolidation) Ordinance (Cap 7) is in issue the Court may, for determining the issue, admit in evidence, and have regard to, any official records. (2) The Court may draw inferences from such records and the circumstances in which they were made or deposited, and, in particular, may infer that any building to which such records relate was duly constructed in accordance therewith. (3) For the purpose of this rule- (a) the expression "official records" (官方紀錄) includes any plan, drawing, sketch, specification, bill of quantities, file, writing or other record maintained by, deposited with, or in the custody of, or appearing to be maintained by, deposited with, or in the custody of, the Building Authority or any Government department or public officer; (b) "Building Authority" (建築事務監督) means the Building Authority under the Buildings Ordinance (Cap 123). "official records" (官方紀錄) "Building Authority" (建築事務監督) DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 59 (Repealed L.N. 186 of 2000) VerDate:01/09/2000 DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 59 Applications for injunction and damages in lieu VerDate:30/06/1997 Injunctions (1) In any proceedings in which an injunction has been or might have been claimed, a plaintiff may, before or after judgment, apply for an injunction to restrain the defendant from- (a) the repetition or continuance of the wrongful act or breach of contract complained of; or (b) the commission of any wrongful act or breach of contract of a like kind, relating to the same property or right or arising out of the same contract, and the Court, in addition to giving judgment for such damages and costs as the plaintiff may be entitled to, may grant the injunction on such terms as may be just. (2) An application under this rule may be made- (a) before the hearing of the action or matter; or (b) at or immediately after the hearing, in which case the order shall be included in the judgment; or (c) after judgment, on notice and supported by affidavit. DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 60 (Repealed L.N. 186 of 2000) VerDate:01/09/2000 DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 60 Order for payment instalments VerDate:30/06/1997 Orders for instalments, etc. (1) Where a judgment is entered or an order made for the payment of any sum of money and it appears to the satisfaction of the Court, either at the time that the judgment is given or the order is made or at any later time on application made upon notice by the person liable under the judgment or order, that there is sufficient reason for so doing, the Court may order the sum to be paid by such instalments payable at such times as the Court may fix. (2) An order made under paragraph (1) may from time to time be varied on application made upon notice. (L.N. 182 of 1970) DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 61 (Repealed L.N. 186 of 2000) VerDate:01/09/2000 DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 61 New order for earlier payment on application of judgment creditor VerDate:30/06/1997 (1) If it appears to the Court that the person liable under any judgment or order for payment by instalments is able to pay the sum ordered to be paid either in one sum or by larger instalments than those ordered, the Court, on the application of the person entitled to enforce the judgment or order made on notice, may order the amount unpaid to be paid in one sum, or by larger instalments than those previously ordered, and may from time to time vary such order. (2) When a judgment has been given or order made for the payment of any sum and execution thereon has been stayed, whether on due payment of instalments or otherwise, and it appears to the Court at any time to be desirable so to do, the Court may by order raise the stay of execution either with immediate effect or otherwise and on such terms as it thinks fit. (L.N. 182 of 1970) DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 61A (Repealed L.N. 186 of 2000) VerDate:01/09/2000 DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 61A Enforcement of order for payment of money, etc. VerDate:30/06/1997 Enforcement of orders (1) This rule, rule 61B and rule 61C shall apply to proceedings under the Separation and Maintenance Orders Ordinance (Cap 16), the Affiliation Proceedings Ordinance (Cap 183), the Maintenance Orders (Reciprocal Enforcement) Ordinance (Cap 188) and the Guardianship of Minors Ordinance (Cap 13). (2) Before any process is issued for the enforcement of an order for the payment of money to any person, an affidavit shall be filed verifying the amount due under the order and showing how that amount is arrived at. (L.N. 12 of 1978) DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 61B (Repealed L.N. 186 of 2000) VerDate:01/09/2000 DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 61B Judgment summons: general provisions VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 (1) In this rule and in rule 61C, unless the context otherwise requires- "judgment creditor" (判定債權人) means a person entitled to enforce an order; "judgment debtor" (判定債務人) means a person liable under an order; "judgment summons" (判決傳票) means a summons issued under an order made under R.H.C. Order 48, rule 1(1) requiring a judgment debtor to appear and be examined on oath as to his means; (25 of 1998 s. 2) "order" (命令) means an order made in proceedings to which this rule applies for the payment of money, including an order for costs. (2) Where an order has been made, the Court may, on an application made ex parte by the judgment creditor, direct a summons to issue to the judgment debtor to attend before the court and be orally examined on the questions- (a) whether any and, if so, what debts are owing to the judgment debtor, and (b) whether the judgment debtor has any and, if so, what other property or means of satisfying the order, and the Court may also order the judgment debtor to produce any books or documents in his possession, custody or power relevant to the questions aforesaid at the time and place appointed for examination. (3) An application for the issue of a judgment summons shall be in Form 19 and there shall be filed with the application the affidavit required by rule 61A(2) which shall exhibit a copy of the order. (4) Every judgment summons shall be in Form 20 and shall be served on the judgment debtor personally not less than 5 clear days before the hearing and at the time of service there shall be paid or tendered to the judgment debtor a sum reasonably sufficient to cover his expenses in travelling to and from the court at which he is summoned to appear. (5) On the hearing of the judgment summons the judge may- (a) where the order is for- (i) the payment of a lump sum or costs; or (ii) maintenance or other periodical payments, and it appears to him that the order would have been varied or suspended if the judgment debtor had made an application for that purpose, make a new order for payment of the amount due under the original order, together with the costs of the judgment summons, either at a specified time or by instalments; (b) where the judgment debtor fails to attend, adjourn the summons to a specified time on a specified day and order the judgment debtor to attend at that time on that day; or (c) where the judgment debtor, having been ordered under sub-paragraph (b) to attend at a specified time on a specified day, fails to do so, or where the judgment debtor attends, but fails to show cause why an order of commitment should not be made against him, make an order for the commitment of the judgment debtor. (6) If the judge makes an order of commitment, he may direct its execution to be suspended on terms that the judgment debtor pays to the judgment creditor the amount due, together with the costs of the judgment summons, either at a specified time or by instalments, in addition to any sums accruing due under the original order. (7) All payments under a new order or an order of commitment shall be made to the judgment creditor unless the judge otherwise directs. (8) Where an order of commitment is suspended on such terms as are mentioned in paragraph (6)- (a) all payments thereafter made by the judgment debtor to the judgment creditor in their respective capacities of judgment debtor and judgment creditor shall be deemed to be made, first, in or towards the discharge of any further sums from time to time accruing due under the original order and, secondly, in or towards the discharge of the amount in respect of which the judgment summons was issued and the costs of the summons; and (b) an order of commitment so suspended shall not be issued until the judgment creditor has filed an affidavit of default on the part of the judgment debtor. (L.N. 12 of 1978) "judgment creditor" (判定債權人) "judgment summons" (判決傳票) "order" (命令) DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 61B Judgment summons: general provisions VerDate:30/06/1997 (1) In this rule and in rule 61C, unless the context otherwise requires- "judgment creditor" (判定債權人) means a person entitled to enforce an order; "judgment debtor" (判定債務人) means a person liable under an order; "judgment summons" (判決傳票) means a summons issued under an order made under R.S.C. Order 48, rule 1(1) requiring a judgment debtor to appear and be examined on oath as to his means; "order" (命令) means an order made in proceedings to which this rule applies for the payment of money, including an order for costs. (2) Where an order has been made, the Court may, on an application made ex parte by the judgment creditor, direct a summons to issue to the judgment debtor to attend before the court and be orally examined on the questions- (a) whether any and, if so, what debts are owing to the judgment debtor, and (b) whether the judgment debtor has any and, if so, what other property or means of satisfying the order, and the Court may also order the judgment debtor to produce any books or documents in his possession, custody or power relevant to the questions aforesaid at the time and place appointed for examination. (3) An application for the issue of a judgment summons shall be in Form 19 and there shall be filed with the application the affidavit required by rule 61A(2) which shall exhibit a copy of the order. (4) Every judgment summons shall be in Form 20 and shall be served on the judgment debtor personally not less than 5 clear days before the hearing and at the time of service there shall be paid or tendered to the judgment debtor a sum reasonably sufficient to cover his expenses in travelling to and from the court at which he is summoned to appear. (5) On the hearing of the judgment summons the judge may- (a) where the order is for- (i) the payment of a lump sum or costs; or (ii) maintenance or other periodical payments, and it appears to him that the order would have been varied or suspended if the judgment debtor had made an application for that purpose, make a new order for payment of the amount due under the original order, together with the costs of the judgment summons, either at a specified time or by instalments; (b) where the judgment debtor fails to attend, adjourn the summons to a specified time on a specified day and order the judgment debtor to attend at that time on that day; or (c) where the judgment debtor, having been ordered under sub-paragraph (b) to attend at a specified time on a specified day, fails to do so, or where the judgment debtor attends, but fails to show cause why an order of commitment should not be made against him, make an order for the commitment of the judgment debtor. (6) If the judge makes an order of commitment, he may direct its execution to be suspended on terms that the judgment debtor pays to the judgment creditor the amount due, together with the costs of the judgment summons, either at a specified time or by instalments, in addition to any sums accruing due under the original order. (7) All payments under a new order or an order of commitment shall be made to the judgment creditor unless the judge otherwise directs. (8) Where an order of commitment is suspended on such terms as are mentioned in paragraph (6)- (a) all payments thereafter made by the judgment debtor to the judgment creditor in their respective capacities of judgment debtor and judgment creditor shall be deemed to be made, first, in or towards the discharge of any further sums from time to time accruing due under the original order and, secondly, in or towards the discharge of the amount in respect of which the judgment summons was issued and the costs of the summons; and (b) an order of commitment so suspended shall not be issued until the judgment creditor has filed an affidavit of default on the part of the judgment debtor. (L.N. 12 of 1978) "judgment creditor" (判定債權人) "judgment debtor" (判定債務人) "judgment summons" (判決傳票) "order" (命令) DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 61C (Repealed L.N. 186 of 2000) VerDate:01/09/2000 DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 61C Special provisions as to judgment summons VerDate:04/09/1998 (1) R.H.C. Order 38, rule 2(3) (which enables evidence to be given by affidavit in certain cases) shall apply to a judgment summons as if it were an originating summons. (25 of 1998 s. 2) (2) Witnesses may be summoned to prove the means of the judgment debtor in the same manner as witnesses are summoned to give evidence on the hearing of a cause, and writs of subpoena may for that purpose be issued out of the registry in which the judgment summons is issued. (3) Where the judgment debtor appears at the hearing, the travelling expenses paid to him may, if the judge so directs, be allowed as expenses of a witness, but if the judgment debtor appears at the hearing and no order of commitment is made, the judge may allow to the judgment debtor, by way of set-off or otherwise, his proper costs, including compensation for loss of time, as upon an attendance by a defendant at a trial in court. (4) Where a new order or an order of commitment is made, the Registrar shall send notice of the order to the judgment debtor. (5) An order of commitment shall be directed to the bailiff, for execution by him. (6) Unless the judge otherwise directs, the judgment creditor's costs of and incidental to the judgment summons shall be fixed without taxation in accordance with the following provisions- (L.N. 307 of 1998) (a) Subject to sub-paragraph (c), where the amount in respect of which the judgment summons is issued is paid before the hearing there may be allowed- (i) the court fees paid by the judgment creditor, (ii) any travelling expenses paid to the judgment debtor, and (iii) if the judgment creditor is represented by a solicitor, such sums as the court may order in respect of the solicitor's charges. (b) Where an order is made on the hearing and the judgment creditor is awarded costs, there may be allowed- (i) the court fees paid by the judgment creditor, (ii) subject to paragraph (3), any travelling expenses paid to the judgment debtor, (iii) if the judgment creditor is represented by a solicitor without counsel, such sum as the court may order in respect of the solicitor's charges, and (iv) if the judgment creditor is represented by solicitor and counsel, such sums as the court may order in respect of the solicitor's charges and counsel's fees. (c) Where the amount in respect of which the judgment summons is issued is paid too late to prevent the attendance of the judgment creditor or, as the case may be, his solicitor or counsel, at the hearing, the sums specified in sub-paragraph (b) may, if the judge so orders, be allowed instead of the sums specified in sub-paragraph (a). (d) Where the costs of and incidental to a judgment summons are directed to be taxed, the District Court Civil Procedure (Costs) Rules (Cap 336 sub. leg.) shall have effect in relation to the costs of proceedings pending in the Court, or as the Court may otherwise order. (L.N. 12 of 1978) DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 61C Special provisions as to judgment summons VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 (1) R.H.C. Order 38, rule 2(3) (which enables evidence to be given by affidavit in certain cases) shall apply to a judgment summons as if it were an originating summons. (25 of 1998 s. 2) (2) Witnesses may be summoned to prove the means of the judgment debtor in the same manner as witnesses are summoned to give evidence on the hearing of a cause, and writs of subpoena may for that purpose be issued out of the registry in which the judgment summons is issued. (3) Where the judgment debtor appears at the hearing, the travelling expenses paid to him may, if the judge so directs, be allowed as expenses of a witness, but if the judgment debtor appears at the hearing and no order of commitment is made, the judge may allow to the judgment debtor, by way of set-off or otherwise, his proper costs, including compensation for loss of time, as upon an attendance by a defendant at a trial in court. (4) Where a new order or an order of commitment is made, the Registrar shall send notice of the order to the judgment debtor. (5) An order of commitment shall be directed to the bailiff, for execution by him. (6) Unless the judge otherwise directs, the judgement creditor's costs of and incidental to the judgment summons shall be fixed without taxation in accordance with the following provisions- (a) Subject to sub-paragraph (c), where the amount in respect of which the judgment summons is issued is paid before the hearing there may be allowed- (i) the court fees paid by the judgment creditor, (ii) any travelling expenses paid to the judgment debtor, and (iii) if the judgment creditor is represented by a solicitor, such sums as the court may order in respect of the solicitor's charges. (b) Where an order is made on the hearing and the judgment creditor is awarded costs, there may be allowed- (i) the court fees paid by the judgment creditor, (ii) subject to paragraph (3), any travelling expenses paid to the judgment debtor, (iii) if the judgment creditor is represented by a solicitor without counsel, such sum as the court may order in respect of the solicitor's charges, and (iv) if the judgment creditor is represented by solicitor and counsel, such sums as the court may order in respect of the solicitor's charges and counsel's fees. (c) Where the amount in respect of which the judgment summons is issued is paid too late to prevent the attendance of the judgment creditor or, as the case may be, his solicitor or counsel, at the hearing, the sums specified in sub-paragraph (b) may, if the judge so orders, be allowed instead of the sums specified in sub-paragraph (a). (d) Where the costs of and incidental to a judgment summons are directed to be taxed, the District Court Civil Procedure (Costs) Rules (Cap 336 sub. leg.) shall have effect in relation to the costs of proceedings pending in the Court, or as the Court may otherwise order. (L.N. 12 of 1978) DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 61C Special provisions as to judgment summons VerDate:30/06/1997 (1) R.S.C. Order 38, rule 2(3) (which enables evidence to be given by affidavit in certain cases) shall apply to a judgment summons as if it were an originating summons. (2) Witnesses may be summoned to prove the means of the judgment debtor in the same manner as witnesses are summoned to give evidence on the hearing of a cause, and writs of subpoena may for that purpose be issued out of the registry in which the judgment summons is issued. (3) Where the judgment debtor appears at the hearing, the travelling expenses paid to him may, if the judge so directs, be allowed as expenses of a witness, but if the judgment debtor appears at the hearing and no order of commitment is made, the judge may allow to the judgment debtor, by way of set-off or otherwise, his proper costs, including compensation for loss of time, as upon an attendance by a defendant at a trial in court. (4) Where a new order or an order of commitment is made, the Registrar shall send notice of the order to the judgment debtor. (5) An order of commitment shall be directed to the bailiff, for execution by him. (6) Unless the judge otherwise directs, the judgement creditor's costs of and incidental to the judgment summons shall be fixed without taxation in accordance with the following provisions- (a) Subject to sub-paragraph (c), where the amount in respect of which the judgment summons is issued is paid before the hearing there may be allowed- (i) the court fees paid by the judgment creditor, (ii) any travelling expenses paid to the judgment debtor, and (iii) if the judgment creditor is represented by a solicitor, such sums as the court may order in respect of the solicitor's charges. (b) Where an order is made on the hearing and the judgment creditor is awarded costs, there may be allowed- (i) the court fees paid by the judgment creditor, (ii) subject to paragraph (3), any travelling expenses paid to the judgment debtor, (iii) if the judgment creditor is represented by a solicitor without counsel, such sum as the court may order in respect of the solicitor's charges, and (iv) if the judgment creditor is represented by solicitor and counsel, such sums as the court may order in respect of the solicitor's charges and counsel's fees. (c) Where the amount in respect of which the judgment summons is issued is paid too late to prevent the attendance of the judgment creditor or, as the case may be, his solicitor or counsel, at the hearing, the sums specified in sub-paragraph (b) may, if the judge so orders, be allowed instead of the sums specified in sub-paragraph (a). (d) Where the costs of and incidental to a judgment summons are directed to be taxed, the District Court Civil Procedure (Costs) Rules (Cap 336 sub. leg.) shall have effect in relation to the costs of proceedings pending in the Court, or as the Court may otherwise order. (L.N. 12 of 1978) DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 61D (Repealed L.N. 186 of 2000) VerDate:01/09/2000 DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 61D Further provisions as to orders for supervision or care of a child VerDate:30/06/1997 Applications relating to children An application by the Director of Social Welfare under the Guardianship of Minors Ordinance (Cap 13) for the variation or discharge of an order made under that Ordinance or for directions as to the exercise of the powers of the Director under that order may, in case of urgency or where the application is unlikely to be opposed, be made by letter addressed to the Court and the Director shall, whenever practicable, notify any interested party of his intention to make the application. (L.N. 12 of 1978) DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 61E (Repealed L.N. 186 of 2000) VerDate:01/09/2000 DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 61E Removal of child out of Hong Kong, etc. VerDate:30/06/1997 (1) This rule, rule 61F and rule 61G shall apply to proceedings under the Separation and Maintenance Orders Ordinance (Cap 16), the Affiliation Proceedings Ordinance (Cap 183) and the Guardianship of Minors Ordinance (Cap 13). (2) An application for leave to remove a child permanently out of Hong Kong shall be made to a judge unless the application is unopposed, in which case it may be made to the Registrar. (3) The father or mother of a child under 18 may apply ex parte to a judge for an injunction restraining the other of them or any other person from removing the said child out of Hong Kong or out of the custody, care or control of any person named in the application. (L.N. 12 of 1978) DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 61F (Repealed L.N. 186 of 2000) VerDate:01/09/2000 DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 61F Reference to the Director of Social Welfare VerDate:30/06/1997 (1) A judge or the Registrar may at any time refer to the Director of Social Welfare for investigation and report any matter concerning the welfare of a child which may arise in proceedings in the Court. (2) Where a reference is made under this rule- (a) the Director may inspect and, with the approval of the judge or Registrar, copy from the court file; (b) after completing his investigation, the Director shall file his report and the Registrar shall thereupon notify the parties that they may inspect it and may bespeak copies on payment of the prescribed fee; and (c) the Registrar shall give notice to the Director of the date of hearing of the application or other proceeding. (L.N. 12 of 1978) DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 61G (Repealed L.N. 186 of 2000) VerDate:01/09/2000 DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 61G Statement of other proceedings on application relating to child VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 If, at the time when an application to the Court relating to a child is made in any cause, any proceedings relating to the same child and brought after the cause was begun are pending in the Court of First Instance or the Court, the applicant shall file a statement of the nature of these proceedings when he makes his application. (L.N. 12 of 1978; 25 of 1998 s. 2) DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 61G Statement of other proceedings on application relating to child VerDate:30/06/1997 If, at the time when an application to the Court relating to a child is made in any cause, any proceedings relating to the same child and brought after the cause was begun are pending in the High Court or the Court, the applicant shall file a statement of the nature of these proceedings when he makes his application. (L.N. 12 of 1978) DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 62 (Repealed L.N. 186 of 2000) VerDate:01/09/2000 DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 62 Judgment to record separate findings in action in which persons unite as plaintiffs VerDate:30/06/1997 Action by employees for wages Where by virtue of section 55 of the Ordinance two or more persons unite as plaintiffs in one action against another person, the judgment shall record as separate findings the relief to which any plaintiff, or the defendant as against any plaintiff, is adjudged entitled. Thereafter for execution purposes such separate findings may be proceeded upon severally or jointly to the extent of the relief adjudged due thereby. DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 63 (Repealed L.N. 186 of 2000) VerDate:01/09/2000 DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 63 In action for recovery of land, person not named as defendant may appear VerDate:30/06/1997 Action for recovery of land (1) In an action for the recovery of land, any person not named as a defendant in the writ may, by leave of the Court, be allowed to appear and defend, on filing an affidavit, together with as many copies thereof as there are plaintiffs and defendants, showing that he is in possession, either by himself or by his tenant, of the land. (2) Where leave is given under paragraph (1) the person obtaining leave shall be added as a defendant, and the Registrar shall send to every other party notice that such person has obtained such leave, together with a copy of the affidavit. (L.N. 182 of 1970) DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 64 (Repealed L.N. 186 of 2000) VerDate:01/09/2000 DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 64 Summary proceedings for possession of land VerDate:04/09/1998 (1) Where a person claims possession of land which he alleges is occupied solely by a person or persons (not being a tenant or tenants holding over after the termination of the tenancy) who entered into or remained in occupation without his licence or consent or that of any predecessor in title of his, the proceedings may be brought by originating summons in accordance with this rule. (2) The plaintiff shall file in support of the originating summons an affidavit stating- (L.N. 307 of 1998) (a) his interest in the land; (b) the circumstances in which the land has been occupied without licence or consent and in which his claim to possession arises; and (c) that he does not know the name of any person occupying the land who is not named in the summons. (3) (a) Where any person in occupation of the land is named in the originating summons, the summons together with a copy of the affidavit in support shall be served on him- (i) in accordance with rule 20(1); or (ii) by leaving a copy of the summons and of the affidavit, or sending them to him, at the premises; or (iii) in such other manner as the court may direct. (b) The summons shall, in addition to being served on the named defendants (if any) in accordance with sub-paragraph (a), be served, unless the Court otherwise directs, by- (i) affixing a copy of the summons and a copy of the affidavit to the main door or other conspicuous part of the premises; and (ii) if practicable, inserting through the letter-box at the premises a copy of the summons and a copy of the affidavit enclosed in a sealed envelope addressed to "the occupiers". (4) Without prejudice to rule 63, any person not named as a defendant who is in occupation of the land and wishes to be heard on the question whether an order for possession should be made may apply at any stage of the proceedings to be joined as a defendant. (5) A final order shall not be made on the originating summons except by a judge in person and shall, except in case of urgency and by leave of the Court, not be made less than 5 clear days after the date of service. (6) Order 45, rule 3(2) of the Rules of the High Court (Cap 4 sub. leg.) shall not apply in relation to an order for possession under this rule but no writ of possession to enforce such order shall be issued after the expiry of 3 months from the date of the order without the leave of the Court. (25 of 1998 s. 2) An application for leave may be made ex parte unless the Court otherwise directs. (7) The judge may, on such terms as he thinks just, set aside or vary any order made in proceedings under this rule. (L.N. 163 of 1981) DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 64 Summary proceedings for possession of land VerDate:01/07/1997 Adaptatopm amendments retroactively made - see 25 of 1998 s. 2 (1) Where a person claims possession of land which he alleges is occupied solely by a person or persons (not being a tenant or tenants holding over after the termination of the tenancy) who entered into or remained in occupation without his licence or consent or that of any predecessor in title of his, the proceedings may be brought by originating summons in accordance with this rule. (2) The plaintiff shall file in support of the originating summons an affidavit stating- (a) his interest in the land; (b) the circumstances in which the land has been occupied without licence or consent and in which his claim to possession arises; and (c) that he does not know the name of any person occupying the land who is not named in the summons. (3) (a) Where any person in occupation of the land is named in the originating summons, the summons together with a copy of the affidavit in support shall be served on him- (i) in accordance with rule 20(1); or (ii) by leaving a copy of the summons and of the affidavit, or sending them to him, at the premises; or (iii) in such other manner as the court may direct. (b) The summons shall, in addition to being served on the named defendants (if any) in accordance with sub-paragraph (a), be served, unless the Court otherwise directs, by- (i) affixing a copy of the summons and a copy of the affidavit to the main door or other conspicuous part of the premises; and (ii) if practicable, inserting through the letter-box at the premises a copy of the summons and a copy of the affidavit enclosed in a sealed envelope addressed to "the occupiers". (4) Without prejudice to rule 63, any person not named as a defendant who is in occupation of the land and wishes to be heard on the question whether an order for possession should be made may apply at any stage of the proceedings to be joined as a defendant. (5) A final order shall not be made on the originating summons except by a judge in person and shall, except in case of urgency and by leave of the Court, not be made less than 5 clear days after the date of service. (6) Order 45, rule 3(2) of the Rules of the High Court (Cap 4 sub. leg.) shall not apply in relation to an order for possession under this rule but no writ of possession to enforce such order shall be issued after the expiry of 3 months from the date of the order without the leave of the Court. (25 of 1998 s. 2) An application for leave may be made ex parte unless the Court otherwise directs. (7) The judge may, on such terms as he thinks just, set aside or vary any order made in proceedings under this rule. (L.N. 163 of 1981) DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 64 Summary proceedings for possession of land VerDate:30/06/1997 (1) Where a person claims possession of land which he alleges is occupied solely by a person or persons (not being a tenant or tenants holding over after the termination of the tenancy) who entered into or remained in occupation without his licence or consent or that of any predecessor in title of his, the proceedings may be brought by originating summons in accordance with this rule. (2) The plaintiff shall file in support of the originating summons an affidavit stating- (a) his interest in the land; (b) the circumstances in which the land has been occupied without licence or consent and in which his claim to possession arises; and (c) that he does not know the name of any person occupying the land who is not named in the summons. (3) (a) Where any person in occupation of the land is named in the originating summons, the summons together with a copy of the affidavit in support shall be served on him- (i) in accordance with rule 20(1); or (ii) by leaving a copy of the summons and of the affidavit, or sending them to him, at the premises; or (iii) in such other manner as the court may direct. (b) The summons shall, in addition to being served on the named defendants (if any) in accordance with sub-paragraph (a), be served, unless the Court otherwise directs, by- (i) affixing a copy of the summons and a copy of the affidavit to the main door or other conspicuous part of the premises; and (ii) if practicable, inserting through the letter-box at the premises a copy of the summons and a copy of the affidavit enclosed in a sealed envelope addressed to "the occupiers". (4) Without prejudice to rule 63, any person not named as a defendant who is in occupation of the land and wishes to be heard on the question whether an order for possession should be made may apply at any stage of the proceedings to be joined as a defendant. (5) A final order shall not be made on the originating summons except by a judge in person and shall, except in case of urgency and by leave of the Court, not be made less than 5 clear days after the date of service. (6) Order 45, rule 3(2) of the Rules of the Supreme Court (Cap. 4 sub. leg.) shall not apply in relation to an order for possession under this rule but no writ of possession to enforce such order shall be issued after the expiry of 3 months from the date of the order without the leave of the Court. An application for leave may be made ex parte unless the Court otherwise directs. (7) The judge may, on such terms as he thinks just, set aside or vary any order made in proceedings under this rule. (L.N. 163 of 1981) DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 65 (Repealed L.N. 182 of 1970) VerDate:30/06/1997 DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 66 (Repealed L.N. 182 of 1970) VerDate:30/06/1997 DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 67 (Repealed L.N. 182 of 1970) VerDate:30/06/1997 DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 68 (Repealed L.N. 182 of 1970) VerDate:30/06/1997 DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 69 (Repealed L.N. 186 of 2000) VerDate:01/09/2000 DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 69 Registrar authorized to administer oaths VerDate:30/06/1997 Commissioners for oaths The Registrar shall have authority to administer any oath and take affidavit required for any purpose connected with the business of the Court. DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 70 (Repealed L.N. 186 of 2000) VerDate:01/09/2000 DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 70 Adoption of form in Rules of the High Court VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 Forms Subject to such amendments therein as are necessary to adapt the same to the Court, and to the provisions of the Ordinance, the forms for the time being prescribed by or under rule 9 of Order 1 of the Rules of the High Court (Cap 4 sub. leg.) shall be the forms in use in the Court: Provided that a judge of the Court may allow such departures from any prescribed form as he may think fit in any particular case. (L.N. 182 of 1970; 25 of 1998 s. 2) DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 70 Adoption of form in Rules of the Supreme Court (Cap 4 sub. leg.) VerDate:30/06/1997 Forms Subject to such amendments therein as are necessary to adapt the same to the Court, and to the provisions of the Ordinance, the forms for the time being prescribed by or under rule 9 of Order 1 of the Rules of the Supreme Court (Cap 4 sub. leg.) shall be the forms in use in the Court: Provided that a judge of the Court may allow such departures from any prescribed form as he may think fit in any particular case. (L.N. 182 of 1970) DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 71 (Repealed L.N. 186 of 2000) VerDate:01/09/2000 DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 71 Application to Crown VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 PART IV MISCELLANEOUS These rules shall have effect in relation to the Crown subject in all respects to the provisions of the Crown Proceedings Ordinance (Cap 300), and to the provisions of the Rules of the High Court (Cap 4 sub. leg.) respecting proceedings by or against the Crown. (25 of 1998 s. 2) DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 71 Application to Crown VerDate:30/06/1997 PART IV MISCELLANEOUS These rules shall have effect in relation to the Crown subject in all respects to the provisions of the Crown Proceedings Ordinance (Cap 300), and to the provisions of the Rules of the Supreme Court (Cap 4 sub. leg.) respecting proceedings by or against the Crown. DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - SCHEDULE SCHEDULE (Repealed L.N. 186 of 2000) VerDate:01/09/2000 DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - SCHEDULE SCHEDULE VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 RULES OF THE HIGH COURT INAPPLICABLE TO THE DISTRICT COURT (25 of 1998 s. 2) High Court Order Subject Order 12 Entry of appearance to writ or originating summons. Order 18 rule 2 Service of defence. Order 33 Place and mode of trial. Order 34 Setting down for trial action begun by writ. Order 69 Service of foreign process. Order 70 Obtaining evidence for foreign courts, etc. Order 80 rule 8 Admission not to be implied from pleading of person under disability. Order 88A rule 2 Proceedings in ejectment by landlord against tenant for non-payment of rent. Order 88A rule 3 Limitation of right of lessee to relief on equitable grounds. Order 88A rule 4 Discontinuance of proceedings in ejectment on payment of rent and costs. Order 88A rule 5 Ejectment by landlord against tenant holding over after expiration of term or determination of tenancy by notice to quit. Order 120 Charitable trusts. (L.N. 114 of 1973; 25 of 1998 s. 2) DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - SCHEDULE SCHEDULE VerDate:30/06/1997 RULES OF THE SUPREME COURT INAPPLICABLE TO THE DISTRICT COURT Supreme Court Order Subject Order 12 Entry of appearance to writ or originating summons. Order 18 rule 2 Service of defence. Order 33 Place and mode of trial. Order 34 Setting down for trial action begun by writ. Order 69 Service of foreign process. Order 70 Obtaining evidence for foreign courts, etc. Order 74 Proceedings under Merchant Shipping Act, 1894. Order 80 rule 8 Admission not to be implied from pleading of person under disability. Order 88A rule 2 Proceedings in ejectment by landlord against tenant for non-payment of rent. Order 88A rule 3 Limitation of right of lessee to relief on equitable grounds. Order 88A rule 4 Discontinuance of proceedings in ejectment on payment of rent and costs. Order 88A rule 5 Ejectment by landlord against tenant holding over after expiration of term or determination of tenancy by notice to quit. Order 120 Charitable trusts. (L.N. 114 of 1973)