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THE RULES OF THE DISTRICT COURT - APPENDIX A
FORMS
(Past version on 01/05/2005).
(Past version on 01/09/2000).
"residence" (居所) No. 1
Writ of Summons
(Order 6 rule 1) 20 ............ , No. ............
IN THE DISTRICT COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION
NO. ......................... OF 20 ............
Between A.B.
Plaintiff
AND
C.D. Defendant
TO THE DEFENDANT (name)
...........................................................................
........... of (address)
...........................................................................
.................................................
THIS WRIT OF SUMMONS has been issued against you by the above-named Plaintiff
in respect of the claim set out on the back.
Within (14 days) after the service of this Writ on you, counting the day of
service, you must either satisfy the claim or return to the Registry of the
District Court the accompanying ACKNOWLEDGMENT OF SERVICE stating therein
whether you intend to contest these proceedings or to make an admission.
If you fail to satisfy the claim or to return the Acknowledgment within the
time stated, or if you return the Acknowledgment without stating therein an
intention to contest the proceedings, the Plaintiff may proceed with the
action and judgment may be entered against you forthwith without further
notice.
*[If you intend to make an admission, you may complete an appropriate form
enclosed in accordance with the accompanying Directions for Acknowledgment of
Service.]
Issued from the Registry of the District Court this .............. day of
........................ 20 .......
Note:-This Writ may not be served later than 12 calendar months beginning with
that date unless renewed by order of the Court.
IMPORTANT
Directions for Acknowledgment of Service are given with the accompanying form.
(Back of No. 1)
*[Statement of Claim]
The Plaintiff's claim is for
...........................................................................
................................
*Where words appear between square brackets delete if inapplicable.
*(Signed if statement of claims indorsed.) A statement of claim must be
verified by a statement of truth in accordance with Order 41A of the Rules of
the District Court (Cap 336 sub. leg. H).
___________________________________________________________________________
____
(Where the Plaintiff's claim is for a debt or liquidated demand only: If,
within the time for returning the Acknowledgment of Service, the Defendant
pays the amount claimed and $ ............. for costs, further proceedings
will be stayed. The money must be paid to the Plaintiff or his Solicitor.)
THIS WRIT was issued by
...........................................................................
................. of
...........................................................................
............................................................... Solicitors for
the said Plaintiff whose address is
...........................................................................
.............................
...........................................................................
...........................................................................
..........
*(or where the Plaintiff sues in person:
THIS WRIT was issued by the said Plaintiff who resides at
...................................................
...........................................................................
...........................................................................
........ and (if the Plaintiff does not reside within the jurisdiction) whose
address for service is .....................
...........................................................................
.................................................................). (L.N. 153
of 2008)
——————
No. 8
Originating summons-general form
(Order 7 rule 2)
20 ......, No. ...........
IN THE DISTRICT COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION
NO. ......................... OF 20 ............
(IN THE MATTER OF .......................)
Between A.B.
Plaintiff
AND
C.D. Defendant
To C.D. of
Let the defendant, within (14 days) after service of this summons on him,
counting the day of service, return the accompanying Acknowledgment of Service
to the Registry of the District Court.
By this summons, which is issued on the application of the plaintiff A.B. of
.................., the plaintiff claims against the defendant
............................................. (or seeks the determination of
the Court on the following questions, namely,
...................................................... or as may be).
If the defendant does not acknowledge service, such judgment may be given or
order made against or in relation to him as the Court may think just and
expedient.
Dated the ................. day of ....................... 20 .......
Note:-This summons may not be served later than 12 calendar months beginning
with the above date unless renewed by order of the Court.
This summons was taken out by
...........................................................................
....... of
...........................................................................
....................... solicitors for the said plaintiff
..........................................................................
whose address is as stated above (or where the plaintiff sues in person: This
summons was taken out by the said plaintiff who resides at the above-named
address or as may be and (if the plaintiff does not reside within the
jurisdiction) whose address for service is
...........................................................................
........................).
IMPORTANT
Directions for Acknowledgment of Service are given with the accompanying form.
——————
No. 10
Originating summons—expedited form
(Order 7 rule 2; Order 17 rule 3; Order 50 rule 15; Order 62 rule 11A)
20 ............ , No. ............
IN THE DISTRICT COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION
NO. ......................... OF 20 ............
(IN THE MATTER OF .......................)
Between A.B.
Plaintiff
AND
C.D. Defendant
Let C.D. of .................................................... attend before
His/Her Honour Judge/Master ...................................... in
Chambers, at the District Court, Hong Kong, on ...................... day, the
................................................. day of
................................................ 20 ................. , at
............................................ o'clock in the
................... noon, (or, if no application has yet been made for a day
to be fixed, on a day to be fixed) on the hearing of an application by the
plaintiff A.B. of
...........................................................................
...........................................................................
............ that
...........................................................................
.............................................................
And let the defendant within (14 days) after service of this summons on him
counting the day of service, return the accompanying Acknowledgment of Service
to the Registry of the District Court.
Dated the .................. day of ........................... 20 ...........
Note:-This summons may not be served later than 12 calendar months beginning
with the above date unless renewed by order of the Court.
This summons was taken out by ..................... of
.................................... solicitors for the said plaintiff whose
address is as stated above (or where the plaintiff sues in person:
This summons was taken out by the said plaintiff who resides at
........................................ and (if the plaintiff does not reside
within the jurisdiction) whose address for service is
...........................................................................
...........................................................................
......).
Note:-If a defendant does not attend personally or by his counsel or solicitor
at the time and place above-mentioned such order will be made as the Court may
think just and expedient.
IMPORTANT
Directions for Acknowledgment of Service are given with the accompanying form.
(L.N. 153 of 2008)
——————
No. 11
Ex parte originating summons
(Order 7 rule 2)
20 ......, No. ...........
IN THE DISTRICT COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION
NO. ......................... OF 20 ............
In the matter of
...........................................................................
...................................
Let all parties concerned attend before His/Her Honour Judge/Master
.............................. in Chambers at the District Court in Hong Kong,
on ....................... day, the ....................... day of
..................................... 20 ........... , at ........... o'clock
in the ........... noon, on the hearing of an application by A.B. that
...........................................................................
................................
Dated the ................. day of ....................... 20 .......
This summons was taken out by ........................ of
........................................... solicitors for the applicant whose
address is
...........................................................................
..................
——————
No. 11A
Originating summons for possession
(Order 113 rule 2)
20 ......, No. ...........
IN THE DISTRICT COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION
NO. ......................... OF 20 ............
(IN THE MATTER OF .......................)
Between A.B.
Plaintiff
AND
C.D. Defendant (if any)
whose name is
known
To [C.D. and] every [other] person in occupation of
.........................................................
Let all persons concerned attend before His/Her Honour Judge/Master
..................................................................... at the
District Court in Hong Kong on .......................................... day,
the ........................... day of ........................... 20
.......... , at .......... o'clock in the ......... noon, on the hearing of an
application by A.B. for an order that he do recover possession of
............................................................. on the ground
that he is entitled to possession and that the person(s) in occupation is
(are) in occupation without licence or consent.
Dated the ................. day of ....................... 20 ........
This summons was taken out by ................................ of
................................................. solicitors for the said
plaintiff whose address is
.......................................................................... [or
when the plaintiff acts in person:]
This summons was taken out by the said plaintiff who resides at
...........................................................................
...... and is (state occupation) and (if the plaintiff does not reside within
the jurisdiction) whose address for service is
...........................................................................
........
Note:— Any person occupying the premises may apply to the Court personally
or by counsel or solicitor to be joined as a defendant. If a person occupying
the premises does not attend personally or by counsel or solicitor at the time
and place above-mentioned, such order will be made as the Court may think just
and expedient.
——————
No. 12
Notice of appointment to hear originating summons
(Order 28 rule 2)
(Heading as in summons)
To (name of defendant) of
...........................................................................
...................
Take notice that the originating summons issued herein on the
...................................... day of
....................................................... 20 ....... , will be
heard by His/Her Honour Judge/Master .................................... in
Chambers at the District Court in Hong Kong, on ...................... day,
the ................... day of .................................. 20
..........., at ........... o'clock in the ......... noon. You may attend in
person, or by your solicitor or counsel. If you fail to attend, such order
will be made as the Court may think just and expedient.
Dated the ................. day of ....................... 20 ........
(Signed) ...............................................................
Solicitor for the plaintiff
——————
No. 13
Notice of originating motion
(Order 8 rule 3)
20 ............ , No. ............
IN THE DISTRICT COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION
In the matter of
.............................................................. and In the
matter of ..............................................................
Take notice that the District Court in Hong Kong will be moved (before His/Her
Honour Judge ........................ ) at the expiration of ........... days
from the service upon you of this notice (or on ........................ day,
the ........... day of ........................ 20 ......... , at the sitting
of the Court) or so soon thereafter as counsel can be heard, by counsel on
behalf of A.B. for an order that ........................ (or for the
following relief, namely
....................................................................... )
And that the costs of and incidental to this (application) (appeal) may be
paid by ...................................... (And further take notice that
the grounds of this (application) (appeal) are:
...........................................................................
...........................................................................
)
Dated the ........... day of ........................ 20 ........... .
(Signed) .........................................
C.D. of ............................... solicitor for the above named
(applicant) (appellant) A.B. whose address is
...........................................................................
.............................................................. or A.B.
whose address for service is
...........................................................................
...................... (applicant)(appellant) in person
...........................................................................
............................
To ....................................... of
...........................................................................
................. . (L.N. 153 of 2008)
——————
No. 14
Acknowledgment of Service of Writ of Summons
(Order 12 rule 3)
Directions for Acknowledgment of Service
1. The accompanying form of ACKNOWLEDGMENT OF SERVICE should be detached and
completed by a Solicitor acting on behalf of the Defendant or by the Defendant
if acting in person. After completion it must be delivered or sent by post to
the Registry of the District Court at the following address:- [insert here the
address of the Registry of the District Court]
2. A Defendant who states in his Acknowledgment of Service that he intends to
contest the proceedings MUST ALSO file a DEFENCE which must be written in
either the Chinese or the English language with the Registry and serve a copy
thereof on the Solicitor for the Plaintiff (or on the Plaintiff if acting in
person).
If a Statement of Claim is indorsed on the Writ (i.e. the words "Statement of
Claim" appear at the top of the back), the Defence must be filed and served
within 28 days after the time for acknowledging service of the Writ, unless in
the meantime a summons for judgment is served on the Defendant.
If a Statement of Claim is not indorsed on the Writ, the Defence must be filed
and served within 28 days after a Statement of Claim has been served on the
Defendant.
If the Defendant fails to file and serve his Defence within the appropriate
time, the Plaintiff may enter judgment against him without further notice.
The Defendant's defence must be verified by a statement of truth in accordance
with Order 41A of the Rules of the District Court (Cap 336 sub. leg. H).
3. If the only remedy that the Plaintiff is seeking is the payment of a
liquidated amount of money or the payment of an unliquidated amount of money,
you may admit the Plaintiff's claim in whole or in part by completing Form No.
16 or 16C (as the case may require) accompanying the Writ of Summons.
A completed Form No. 16 or 16C must be filed with the Registry of the District
Court and served on the Plaintiff [or the Plaintiff's Solicitors] within the
period for service of the Defence.
4. A Defendant who wishes to dispute the jurisdiction of the District Court in
the proceedings or to argue that the District Court should not exercise its
jurisdiction in the proceedings, and wishes to apply to the District Court for
an order staying the proceedings, must give notice of intention to defend the
proceedings and make the application within the time limited for service of a
defence.
See attached Notes for Guidance
Notes for Guidance
1. Each Defendant (if there are more than one) is required to complete an
Acknowledgment of Service and return it to the Registry of the District Court.
[2. For the purpose of calculating the period of 14 days for acknowledging
service, a writ served on the Defendant personally is treated as having been
served on the day it was delivered to him and a writ served by post or by
insertion through the Defendant's letter box is treated as having been served
on the seventh day after the date of posting or insertion.]
(Note: Not applicable if the defendant is a company served at its registered
office.)
3. Where the Defendant is sued in a name different from his own, the form must
be completed by him with the addition in paragraph 1 of the words "sued as
(the name stated on the Writ of Summons)".
4. Where the Defendant is a FIRM and a Solicitor is not instructed, the form
must be completed by a PARTNER by name, with the addition in paragraph 1 of
the description "partner in the firm of (...........................)" after
his name.
5. Where the Defendant is sued as an individual TRADING IN A NAME OTHER THAN
HIS OWN, the form must be completed by him with the addition in paragraph 1 of
the description "trading as (...........................)" after his name.
6. Where the Defendant is a LIMITED COMPANY the form must be completed by a
Solicitor or by someone authorized to act on behalf of the Company, but the
Company can take no further step in the proceedings unless:
(i) a Solicitor is acting on its behalf; or
(ii) (a) if the Company has more than one director, a director of
the Company is acting on its behalf and: (A) the director has
been authorized by the board of directors of the Company to act
on its behalf in the proceedings; and (B) the director has made
and filed at the Registry of the District Court an affidavit
stating that he has been authorized by the board of directors
of the Company to act on its behalf in the proceedings and
exhibiting- (I) the original of the resolution authorizing the
director to act on behalf of the Company; or (II) a copy of
such resolution duly certified by another person who must
either be a director or the secretary of the Company; or
(b) if the Company has only one director, the director of the Company is
acting on its behalf.
7. Where the Defendant is a MINOR or a MENTAL Patient, the form must be
completed by a Solicitor acting for a guardian ad litem.
8. A Defendant acting in person may obtain help in completing the form at the
Registry of the District Court.
9. These notes deal only with the more usual cases. In case of difficulty a
Defendant in person should refer to paragraph 8 above.
(Heading as in No. 1 to be completed by plaintiff)
ACKNOWLEDGMENT OF SERVICE OF WRIT OF SUMMONS
If you intend to instruct a Solicitor to act for you, give him this form
IMMEDIATELY.
Important: Read the accompanying directions and notes for guidance
carefully before completing this form. If any information required is omitted
or given wrongly, THIS FORM MAY HAVE TO BE RETURNED.
Delay may result in judgment being entered against a Defendant whereby he or
his Solicitor may have to pay the costs of applying to set it aside.
See Notes 1, 3, 4 and 5. 1. State the full name of the Defendant by whom or on
whose behalf the service of the Writ is being acknowledged.
2. State whether the Defendant intends to contest the proceedings (tick
appropriate box)
yes no
See Direction 3. 3. If the only remedy that the Plaintiff is seeking is the
payment of a liquidated amount of money or the payment of an unliquidated
amount of money, state whether the Defendant intends to make an admission
(tick appropriate box).
yes no
If yes, the Defendant may make the admission by completing Form No. 16 or 16C
(as the case may require) accompanying the Writ of Summons. Where words appear
between square brackets, delete if inapplicable. Service of the Writ is
acknowledged accordingly.
(Signed) [Solicitor] ( )
[Defendant in person]
Address for service
Notes as to Address for Service
Solicitor. Where the Defendant is represented by a Solicitor, state the
Solicitor's place of business in Hong Kong.
Defendant in person. Where the Defendant is acting in person, he must give his
residence OR, if he does not reside in Hong Kong, he must give an address in
Hong Kong where communications for him should be sent. In the
case of a limited company, "residence" (居所) means its registered or
principal office.
(Back of page (1))
Indorsement by plaintiff's solicitor (or by plaintiff if suing in person) of
his name, address and reference, if any. (L.N. 153 of 2008)
——————
No. 15
Acknowledgment of Service of Originating Summons—for all cases other than
costs-only proceedings under section 53A of the District Court Ordinance
(Order 10 rule 5; Order 12 rule 3)
Directions for Acknowledgment of Service
1. The accompanying form of ACKNOWLEDGMENT OF SERVICE should be detached and
completed by a Solicitor acting on behalf of the Defendant or by the Defendant
if acting in person. After completion it must be delivered or sent by post to
the Registry of the District Court of the following address:- [insert here the
address of the Registry of the District Court]
2. If the only remedy that the Plaintiff is seeking is the payment of a
liquidated amount of money or the payment of an unliquidated amount of money,
you may admit the Plaintiff's claim in whole or in part by completing Form No.
16 or 16C (as the case may require) accompanying the Originating Summons.
A completed Form No. 16 or 16C must be filed with the Registry of the District
Court and served on the Plaintiff [or the Plaintiff's Solicitors] within the
period for filing of the Defendant's affidavit evidence.
3. A Defendant who wishes to dispute the jurisdiction of the District Court in
the proceedings or to argue that the District Court should not exercise its
jurisdiction in the proceedings, and wishes to apply to the District Court for
an order staying the proceedings, must give notice of intention to defend the
proceedings and make the application within the time limited for service of a
defence.
See over for Notes for Guidance
[Back of page (1)]
Notes for Guidance
[As in No. 14 substituting "originating summons" for "writ of summons".]
(Heading as in No. 8 or 10 to be completed by plaintiff)
ACKNOWLEDGMENT OF SERVICE OF ORIGINATING SUMMONS
If you intend to instruct a Solicitor to act for you, give him this form
IMMEDIATELY.
Important. Read the accompanying directions and notes for guidance
carefully before completing this form. If any information required is omitted
or given wrongly, THIS FORM MAY HAVE TO BE RETURNED.
See Notes 1, 3, 4 and 5. 1. State the full name of the Defendant by whom or on
whose behalf the service of the Originating Summons is being acknowledged.
2. State whether the Defendant intends to contest the proceedings (tick
appropriate box)
yes no
See Direction 2. 3. If the only remedy that the Plaintiff is seeking is the
payment of a liquidated amount of money or the payment of an unliquidated
amount of money, state whether the Defendant intends to make an admission
(tick appropriate box).
yes no
If yes, the Defendant may make the admission by completing Form No. 16 or 16C
(as the case may require) accompanying the Originating Summons. Where words
appear between square brackets, delete if inapplicable. Service of the
Originating Summons is acknowledged accordingly.
(Signed) [Solicitor] ( )
[Defendant in person]
Address for service
Notes as to Address for Service
Solicitor. Where the Defendant is represented by a Solicitor, state the
Solicitor's place of business in Hong Kong.
Defendant in person. Where the Defendant is acting in person, he must give his
residence OR, if he does not reside in Hong Kong, he must give an address in
Hong Kong where communications for him should be sent. In the
case of a limited company, "residence" (居所) means its registered or
principal office.
(Back of page (1))
Indorsement by plaintiff's Solicitors (or by plaintiff if suing in person) of
his name, address and reference, if any. (L.N. 153 of 2008)
——————
No. 15A
Acknowledgment of Service of Originating Summons— for costs-only proceedings
under section 53A of the District Court Ordinance
(Order 10 rule 5; Order 12 rule 3(1); Order 62 rule 11A)
Directions for Acknowledgment of Service
The accompanying form of ACKNOWLEDGMENT OF SERVICE should be detached and
completed by a solicitor acting on behalf of the defendant or by the defendant
if acting in person. After completion it must be delivered or sent by post to
the Registry of the District Court of the following address-
[insert here the address of the Registry of the District Court]
See over for Notes for Guidance
[Back of page (1)]
Notes for Guidance
[As in No. 14 substituting "originating summons" for "writ of summons".]
(Heading as in No. 8 or 10 to be completed by plaintiff)
ACKNOWLEDGMENT OF SERVICE OF ORIGINATING SUMMONS
If you intend to instruct a solicitor to act for you, give him this form
IMMEDIATELY.
Important. Read the accompanying directions and notes for guidance carefully
before completing this form. If any information required is omitted or given
wrongly, THIS FORM MAY HAVE TO BE RETURNED.
See Notes 1, 3, 4 and 5. 1. State the full name of the defendant by whom or on
whose behalf the service of the originating summons is being acknowledged.
2. State whether the defendant intends to contest the liability for costs
(tick appropriate box)
□ yes □ no
3. State whether the defendant intends to contest the amount of those costs
(tick appropriate box)
□ yes □ no Where words appear between square brackets, delete if
inapplicable. Service of the originating summons is acknowledged accordingly.
(Signed) [Solicitor] ( )
[Defendant in person]
Address for service
Notes as to Address for Service
Solicitor. Where the defendant is represented by a solicitor, state the
solicitor's place of business in Hong Kong.
Defendant in person. Where the defendant is acting in person, he must state
his residence OR, if he does not reside in Hong Kong, he must state an address
in Hong Kong to which communications for him should be sent. In
the case of a limited company, "residence" (居所) means its registered or
principal office.
(Back of page (1))
Indorsement by plaintiff's solicitors (or by plaintiff if suing in person) of
his name, address and reference, if any. (L.N. 153 of 2008)
——————
No. 16
Admission (liquidated amount)
(Order 13A rules 4(2), 5(2) & 13(2))
(Heading as in action)
Explanatory Note 1. The only claim the plaintiff has made against you is for a
liquidated amount of money. You may admit the plaintiff's claim in whole or in
part by completing this form-
(a) within the period for service of your defence if you have been served
with a writ; or
(b) the period for filing of your affidavit evidence if you have been
served with an originating summons; or
(c) within 14 days after service of the originating process in any other
case. 2. If you have made an admission, you may only be allowed to
amend or withdraw your admission if the Court considers it just to do
so. 3. If you do not ask for time to pay, the plaintiff will decide
how much and when you should pay. 4. If you ask for time to pay, the
plaintiff will decide whether or not to accept your proposal for
payment. 5. If the plaintiff accepts your proposal for payment, the
plaintiff may, within 14 days after the copy of your admission is
served on him, request the Court to enter judgment against you.
6. If the plaintiff does not accept your proposal for payment, the Court will
decide how the payment should be made after considering-
(a) the information set out in this form;
(b) the reasons why the plaintiff does not accept your proposal for
payment; and
(c) all other relevant matters. 7. The completed form should be filed in
the Registry of the District Court.
How to fill in this form ‧ Tick the correct boxes and give as much
information as you can. Then sign and date the form. If necessary provide
details on a separate sheet, add the action number and attach it to this form.
‧ If you do not ask for time to pay, you need not complete items 2 to 9 and
11 to 14. ‧ If you ask for time to pay, make your offer of payment in item
14. ‧ If you are not an individual, you need not complete items 1 to 9 but
you should complete items 10 to 12 and ensure that you comply with the
requirement specified in item 13 and provide sufficient details about the
assets and liabilities of your firm, company or corporation to support any
offer of payment made in item 14. ‧ If you are an individual, you need not
complete items 10 to 12 and need not comply with the requirement specified in
item 13. ‧ You can get help to complete this form at the Registry of the
District Court.
How much of the claim do you admit?
□ I admit the full amount claimed as shown on the statement of claim or □
I admit the amount of $
1. Personal details Surname
Forename
□ Mr □ Mrs □ Miss □ Ms
Address
2. Dependants (people you look after financially)
(give details)
3. Employment □ I am employed as a
My employer is
Jobs other than main job
(give details)
□ I am self employed as a
Annual turnover is $
□ I am not in arrears with my mandatory provident fund contributions and
income tax □ I am in arrears and I owe $
Give details of:
(a) contracts and other work in hand
(b) any sums due for work done
□ I have been unemployed for years months
□ I am a pensioner
4. Bank account and savings (please list all)
Bank account In credit by
$ Overdrawn by
$
5. Residence I live in □ my own flat □ my jointly owned flat □ public
housing estate □ rented private flat □ others (please specify)
6. Income
My usual take-home pay (including overtime, commission, bonuses, etc.) $ per
month
My pension(s) $ per month
Others living in my home give me $ per month
Other income (give details below)
$ per month
$ per month
$ per month
Total income $ per month
7. Other assets (please list and indicate their location)
8. Expenses
(Do not include any payments made by other members of the
household out of their own income)
I have regular expenses as follows:
Mortgage (including second mortgage) $ per month
Rent $ per month
Rates and government rent $ per month
Management fees $ per month
Domestic helper's salary $ per month
Gas $ per month
Electricity $ per month
Water charges $ per month
Telephone charges $ per month
Housekeeping, food, school meals $ per month
Travelling expenses $ per month
Children's clothing $ per month
Tuition fees $ per month
Maintenance payments $ per month
Court orders $ per month
Others
$ per month
$ per month
$ per month
Total expenses $ per month
9. Liabilities
(This section is for arrears only. Do not include regular expenses
listed in item 8.)
Rent arrears $
Mortgage arrears $
Rates and government rent arrears $
Water charges arrears $
Fuel debts: Gas $
Electricity $
Others $
Maintenance arrears $
Loans and credit card debts (please list)
$
Others (give details below)
$
$
Total liabilities $
10. Firm, company or corporation
Name
Address
Tel. no.
11. Assets of firm, company or corporation (please list)
Property, plant and equipment $
Inventories $
Goodwill and other intangible assets $
Loans and receivables $
Bank balances and cash $
Others $
Total $
12. Liabilities of firm, company or corporation (please list)
Trade payables $
Tax payables $
Other payables $
Bank loans $
Other borrowings $
Others $
Total $
13. Attach to this form a copy of the latest audited profit and loss account
and balance sheet of the firm, company or corporation
14. Offer of payment
□ I can pay the amount admitted on
or
□ I can pay by [weekly/monthly etc.] instalments of $
Starting (date)
If you cannot pay immediately, please give brief reasons below:
15. Declaration I ____________________________ declare that the details I have
given above and in the attached sheet(s) (if any) are true to the best of my
knowledge
And I make this solemn declaration conscientiously believing the same to be
true and by virtue of the Oaths and Declaration Ordinance ( Cap 11)
Signed Position or office held
(If signing on behalf of a firm, company or corporation)
With company chop
(if applicable)
Declared at ____________________________ in Hong Kong on ________________ of
20 ____.
Before me,
[Signature and designation, i.e., Justice of the Peace/Notary
Public/Commissioner for Oaths.]
Note — Under section 36 of the Crimes Ordinance ( Cap 200), a person who
knowingly and wilfully makes a statement false in a material particular in a
declaration or other document which he is authorized or required to make by an
enactment is guilty of an offence. — A defendant who is an individual must
sign personally. A director of a company must obtain leave to represent the
company from a Practice Master before he may sign on behalf of the company.
— If a plaintiff does not file a request for judgment within 14 days after
this form is served on him, his claim is stayed until he files the request.
(L.N. 153 of 2008)
——————
No. 16A
Request for judgment (admission of liquidated amount)
(Order 13A rules 4(3), 9(4) & 10(2))
(Heading as in action)
‧ Remember to sign and date the form. Your signature certifies that the
information you have given is correct. ‧ Return the completed form to
the Court. ‧ The completed form should be filed in the Registry of the
District Court.
___________________________________________________________________________
______________ A The defendant has admitted the whole of my claim Tick only
one box below and follow the instructions given.
□ I accept the defendant's proposal for payment Enclose a draft judgment for
approval. The Court will enter judgment in accordance with the defendant's
proposal.
□ The defendant has not made any proposal for payment Enclose a draft
judgment for approval. You can ask for the judgment to be paid by instalments
or in one payment.
□ I DO NOT accept the defendant's proposal for payment Enclose a draft
judgment for approval. You can say how you want the defendant to pay. Give
your reasons for objecting to the defendant's offer of payment. (Continue on
the back of this form if necessary.) Note:— The Court will notify you and
the defendant of its judgment.
___________________________________________________________________________
______________ I certify that the information given is correct
Signed Position or office held
(If signing on behalf of a firm,
(Plaintiff) (Plaintiff's solicitor) (next friend)
company or corporation)
Date With company chop
(if applicable) (L.N. 153 of 2008)
——————
No. 16B
Reply to part admission of liquidated amount and Request for judgment
(Order 13A rules 5(3) & (5), 9(4) & 10(2))
(Heading as in action)
‧ Please tell the Court what you wish to do by completing the lower half of
this form and filing it in the Registry of the District Court within 14 days
after the copy of the defendant's admission is served on you.
At the same time you must serve a copy on the defendant. If you do not file
this form in the Registry of the District Court within the prescribed period,
your claim will be stayed. No further action will be taken by the Court until
the form is received. ‧ You must tick box A or B. ‧ Remember to sign and
date the notice.
___________________________________________________________________________
______________ A □ I DO NOT accept the defendant's part admission If you
tick box A the claim will proceed as a defended claim. B □ I ACCEPT the
amount admitted by the defendant in satisfaction of my whole claim Tick only
one box and follow the instructions given. □ I accept the defendant's
proposal for payment Enclose a draft judgment for approval. The Court will
enter judgment in accordance with the offer. □ The defendant has not made
any proposal for payment Enclose a draft judgment for approval. You can ask
for the judgment to be paid by instalments or in one payment. □ I DO NOT
accept the defendant's proposal for payment Enclose a draft judgment for
approval. You can say how you want the defendant to pay. Give your reasons for
objecting to the defendant's offer of payment. (Continue on the back of this
form if necessary.) Note:— The Court will notify you and the defendant of
its judgment.
___________________________________________________________________________
______________ I certify that the information given is correct
Signed Position or office held
(If signing on behalf of a firm,
(Plaintiff) (Plaintiff's solicitor) (next friend)
company or corporation)
Date With company chop
(if applicable) (L.N. 153 of 2008)
——————
No. 16C
Admission (unliquidated amount)
(Order 13A rules 6(2), 7(2) & 13(2))
(Heading as in action)
Explanatory Note 1. The only claim the plaintiff has made against you is for
an unliquidated amount of money. You may admit the plaintiff's claim in whole
or in part by completing this form-
(a) within the period for service of your defence if you have been served
with a writ; or
(b) the period for filing of your affidavit evidence if you have been
served with an originating summons; or
(c) within 14 days after service of the originating process in any other
case. 2. If you have made an admission, you may only be allowed to
amend or withdraw your admission if the Court considers it just to do
so. 3. You may offer a specified amount to satisfy the claim. If the
amount you offer is accepted by the plaintiff, the plaintiff may
request the Court to enter judgment against you for that amount.
Alternatively, the plaintiff may request the Court to enter judgment
against you for an amount to be decided by the Court and costs. 4. You
may also ask for time to pay. If the plaintiff does not accept your
proposal for payment, the Court will decide how the payment should be
made after considering-
(a) the information set out in this form;
(b) the reasons why the plaintiff does not accept your proposal for
payment; and
(c) all other relevant matters. 5. The completed form should be filed in
the Registry of the District Court.
How to fill in this form ‧ Tick the correct boxes and give as much
information as you can. Then sign and date the form. If necessary provide
details on a separate sheet, add the action number and attach it to this form.
‧ If you do not ask for time to pay, you need not complete items 2 to 9 and
11 and 12. ‧ If you are not an individual, you need not complete items 1 to
9 but you should complete items 10 to 12 and ensure that you comply with the
requirement specified in item 13 and provide sufficient details about the
assets and liabilities of your firm, company or corporation to support any
offer of payment made. ‧ If you are an individual, you need not complete
items 10 to 12 and need not comply with the requirement specified in item 13.
‧ You can get help to complete this form at the Registry of the District
Court.
Part A Response to claim (tick one box only) □ I admit liability for the
whole claim but want the Court to decide the amount I should pay (if you tick
this box, you need not complete Part B and items 2 to 9, 11 and 12 and need
not comply with the requirement specified in item 13) OR
□ I admit liability for the claim and offer to pay in satisfaction of the
claim
Part B How are you going to pay the amount you have admitted? (tick one box
only) □ I offer to pay on (date) OR □ I cannot pay the amount immediately
because (state reason)
AND I offer to pay by instalments of per (week)(month) starting (date)
1. Personal details Surname
Forename
□ Mr □ Mrs □ Miss □ Ms
Address
2. Dependants (people you look after financially)
(give details) 3. Employment □ I am employed as a
My employer is
Jobs other than main job
(give details)
□ I am self employed as a
Annual turnover is $
□ I am not in arrears with my mandatory provident fund contributions and
income tax □ I am in arrears and I owe $
Give details of:
(a) contracts and other work in hand
(b) any sums due for work done
□ I have been unemployed for years months
□ I am a pensioner
4. Bank account and savings (please list all)
Bank account In credit by
$ Overdrawn by
$
5. Residence I live in □ my own flat □ my jointly owned flat □ public
housing estate □ rented private flat □ others (please specify)
6. Income
My usual take-home pay (including overtime, commission, bonuses, etc.) $ per
month
My pension(s) $ per month
Others living in my home give me $ per month
Other income (give details below)
$ per month
$ per month
$ per month
Total income $ per month
7. Other assets (please list and indicate their location)
8. Expenses
(Do not include any payments made by other members of the
household out of their own income)
I have regular expenses as follows:
Mortgage (including second mortgage) $ per month
Rent $ per month
Rates and government rent $ per month
Management fees $ per month
Domestic helper's salary $ per month
Gas $ per month
Electricity $ per month
Water charges $ per month
Telephone charges $ per month
Housekeeping, food, school meals $ per month
Travelling expenses $ per month
Children's clothing $ per month
Tuition fees $ per month
Maintenance payments $ per month
Court orders $ per month
Others
$ per month
$ per month
$ per month
Total expenses $ per month
9. Liabilities
(This section is for arrears only. Do not include regular expenses
listed in item 8.)
Rent arrears $
Mortgage arrears $
Rates and government rent arrears $
Water charges arrears $
Fuel debts: Gas $
Electricity $
Others $
Maintenance arrears $
Loans and credit card debts (please list)
$
Others (give details below)
$
$
Total liabilities $
10. Firm, company or corporation
Name
Address
Tel. no.
11. Assets of firm, company or corporation (please list)
Property, plant and equipment $
Inventories $
Goodwill and other intangible assets $
Loans and receivables $
Bank balances and cash $
Others $
Total $
12. Liabilities of firm, company or corporation (please list)
Trade payables $
Tax payables $
Other payables $
Bank loans $
Other borrowings $
Others $
Total $
13. Attach to this form a copy of the latest audited profit and loss account
and balance sheet of the firm, company or corporation
14. Declaration I ____________________________ declare that the details I have
given above and in the attached sheet(s) (if any) are true to the best of my
knowledge
And I make this solemn declaration conscientiously believing the same to be
true and by virtue of the Oaths and Declaration Ordinance ( Cap 11)
Signed
Position or office held
(If signing on behalf of a firm,
company or corporation)
With company chop
(if applicable)
Declared at ______________________________ in Hong Kong on ________________ of
20 _____.
Before me,
[Signature and designation, i.e., Justice of the Peace/Notary
Public/Commissioner for Oaths.]
Note — Under section 36 of the Crimes Ordinance ( Cap 200), a person who
knowingly and wilfully makes a statement false in a material particular in a
declaration or other document which he is authorized or required to make by an
enactment is guilty of an offence. — A defendant who is an individual must
sign personally. A director of a company must obtain leave to represent the
company from a Practice Master before he may sign on behalf of the company.
— If a plaintiff does not file a request for judgment within 14 days after
this form is served on him, his claim is stayed until he files the request.
(L.N. 153 of 2008)
——————
No. 16D
Request for judgment (admission of unliquidated amount)
(Order 13A rule 6(3))
(Heading as in action)
The defendant has admitted liability to pay the whole of my claim but has not
made any proposal for payment.
I request judgment to be entered against the defendant for an amount to be
decided by the Court and costs. [Enclose a draft judgment for approval]
Signed Position or office held
(If signing on behalf of a firm,
(Plaintiff) (Plaintiff's solicitor) (next friend)
company or corporation)
Date With company chop
(if applicable)
‧ The completed form should be filed in the Registry of the District Court.
(L.N. 153 of 2008)
——————
No. 16E
Reply to admission of unliquidated amount and Request for judgment
(Order 13A rules 7(3), (5) & (9), 9(4) & 10(2))
(Heading as in action)
___________________________________________________________________________
______________ Important notes for plaintiff
‧ You must tick either item A or complete item B and file the form in the
Registry of the District Court within 14 days after the copy of the
defendant's admission is sent to you. At the same time you must send a copy to
the defendant. If you do not return the form within the prescribed period,
your claim will be stayed. No further action will be taken by the Court until
the form is received. ‧ Remember to sign and date the notice.
___________________________________________________________________________
______________ A □ I DO NOT accept the amount offered by the defendant in
satisfaction of my claim. I wish judgment to be entered for an amount to be
decided by the Court.
The Court will give directions for management of the case. B □ I ACCEPT the
amount admitted by the defendant in satisfaction of my claim Tick only one box
and follow the instructions given. □ I accept the defendant's proposal for
payment Enclose a draft judgment for approval. The Court will enter judgment
in accordance with the offer. □ I DO NOT accept the defendant's proposal for
payment Enclose a draft judgment for approval. You can say how you want the
defendant to pay. Give your reasons for objecting to the defendant's offer of
payment. (Continue on the back of this form if necessary.) Note: — The Court
will notify you and the defendant of its judgment.
___________________________________________________________________________
______________ I certify that the information given is correct
Signed Position or office held
(If signing on behalf of a firm,
(Plaintiff) (Plaintiff's solicitor) (next friend)
company or corporation)
Date With company chop
(if applicable) (L.N. 153 of 2008)
——————
No. 17
Notice to be indorsed on copy of counterclaim
(Order 15 rule 3(6))
To X.Y.
1. Take notice that, within [14 days] after service of this defence and
counterclaim on you, counting the day of service, you must acknowledge service
and state in your acknowledgment whether you intend to contest the
proceedings. If you fail to do so or if your acknowledgment does not state
your intention to contest the proceedings, judgment may be given against you
without further notice.
2. If the only remedy that the counterclaiming plaintiff is seeking is the
payment of a liquidated amount of money or the payment of an unliquidated
amount of money, you may admit the counterclaiming plaintiff's claim in whole
or in part by completing Form No. 16 or 16C (as the case may require)
accompanying the counterclaim.
A completed Form No. 16 or 16C must be filed with the Registry of the District
Court and served on the counterclaiming plaintiff [or the counterclaiming
plaintiff's solicitors] within the period for service of the defence to
counterclaim.
IMPORTANT
Directions for Acknowledgment of Service are given with the accompanying form.
(L.N. 153 of 2008)
——————
No. 20
Third party notice claiming contribution or indemnity or other relief or
remedy
(Order 16 rule 1)
20 ......, No. ...........
IN THE DISTRICT COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION
NO. ......................... OF 20 ............
Between A.B.
Plaintiff
AND
C.D. Defendant
AND
T.P.
Third Party
Third Party Notice
[Issued pursuant to the order of ............................ dated the
...................................... day of
...................................... 20 ..........].
To T.P. of ........................................... in the
................................................................ of
...........................................................................
...............................................................
Take notice that this action has been brought by the plaintiff against the
defendant. In it the plaintiff claims against the defendant [here state the
nature of the plaintiff's claim] as appears from the writ of summons [or
originating summons] a copy whereof is served herewith [together with a copy
of the statement of claim].
The defendant claims against you [here state the nature of the claim against
the third party as for instance] to be indemnified against the plaintiff's
claim and the costs of this action or contribution to the extent of [one half]
of the plaintiff's claim or the following relief or remedy namely
............................................................. on the grounds
that (state the grounds of the claim).
And take notice that within [14 days] after service of this notice on you,
counting the day of service, you must acknowledge service and state in your
acknowledgment whether you intend to contest the proceedings. If you fail to
do so, or if your acknowledgment does not state your intention to
contest the proceedings, you will be deemed to admit the plaintiff's claim
against the defendant and the defendant's claim against you and your liability
to [indemnify the defendant or to contribute to the extent claimed or to
.............................. stating the relief or remedy sought] and will
be bound by any judgment or decision given in the action, and the judgment may
be enforced against you in accordance with Order 16 of the Rules of the
District Court.
Dated the ................. day of ....................... 20 ........
(Signed) ...............................................................
Solicitors for the defendant
IMPORTANT
Directions for Acknowledgment of Service are given with the accompanying form.
——————
No. 21
Third party notice where question or issue to be determined
(Order 16 rule 1)
[Title etc. as in No. 20 down to end of first paragraph]
The defendant requires that the following question or issue, viz. [here state
the question or issue required to be determined] should be determined not only
as between the plaintiff and the defendant but also as between either or both
of them and yourself.
And take notice that [as in No. 20 down to the words "intention to contest the
proceedings"] you will be bound by any judgment or decision in the action so
far as it is relevant to the said question or issue, and the judgment may be
enforced against you in accordance with Order 16 of the Rules of the District
Court.
Dated the ................. day of ....................... 20 ........
(Signed) ...............................................................
Solicitors for the defendant
IMPORTANT
Directions for Acknowledgment of Service are given with the accompanying form.
——————
No. 23
Notice of sanctioned payment
(Order 22 rule 8(2))
(Heading as in action)
To the plaintiff('s solicitor) and to the Director of Legal Aid (if
applicable)
___________________________________________________________________________
______________
Take notice that the defendant(s) ______________________ has/have paid
$___________ (a further amount of $ _____________________) into court in
settlement of-
(tick as appropriate) □ the whole of your claim □ part of your claim (give
details below) □ a certain issue or certain issues arising from your claim
(give details below) The (part) (issue or issues) to which it relates is(are):
(give details) □ It is in addition to the amount of $ __________________
already paid into court on ____________________ and the total amount in court
now offered in settlement is $ ____________________ (give total of all
payments in court to date) □ It is not inclusive of interest and an
additional amount of $ ___________________ is offered for interest (give
details of the rate(s) and period(s) for which the amount of interest is
offered) □ It takes into account all (part) of the following counterclaim or
set off: (give details of the party and the part of the counterclaim to which
the payment relates) □ It takes into account the interim payment(s) made in
the following amount(s) on the following date(s): (give details) □ It takes
into account the following sum(s) of money that has (have) been paid into
court: (give details) □ It is part of the terms of a sanctioned offer set
out in (identify the document). If you give notice of acceptance of this
sanctioned payment, you will be treated as also accepting the
sanctioned offer. Note:— This notice will need to be modified where an offer
of provisional damages is made (Order 22, rule 11).
Signed Position or office held
(If signing on behalf of a firm,
Defendant('s solicitor)
company or corporation)
Date With company chop
(if applicable)
Note: To the plaintiff If you wish to accept the payment made into court and
the Court's leave for acceptance is not required, you should complete Form No.
24, send it to the defendant and file a copy in the Registry of the District
Court. (L.N. 153 of 2008)
——————
No. 24
Notice of acceptance of sanctioned payment
(Order 22 rule 15(4))
(Heading as in action)
To the defendant('s solicitor) and to the Director of Legal Aid (if
applicable)
___________________________________________________________________________
______________ Take notice that the plaintiff accepts the payment(s) into
court totalling $_____________________ in settlement of (the whole of) (part
of) (certain issue(s) arising from) *the plaintiff's claim as set out in the
notice of sanctioned payment received on ____________________________ (and
abandons the other part(s) of or issue(s) arising from the plaintiff's claim).
Signed Position or office held
(If signing on behalf of a firm,
Plaintiff('s solicitor)
company or corporation)
Date With company chop
(if applicable)
* Delete as appropriate (L.N. 153 of 2008)
——————
No. 25
Notice of request for payment
(Order 22 rule 17)
(Heading as in action)
On ___________________ I accepted the payment(s) into court totalling $
___________________ in settlement of (the whole of) (part of) (certain
issue(s) arising from) *my claim as set out in the notice of sanctioned
payment received on ___________________ (and abandoned the other part(s) of or
issue(s) arising from my claim).*
I declare that: □ the sanctioned payment has been accepted [within 28 days]
[after 28 days but costs have been agreed] [less than 28 days before trial but
costs have been agreed]* □ the payment into court was not made with a
defence of tender □ the offeree is not a person under disability □ [at no
time has the offeree been on legal aid in these proceedings] [the offeree has
been on legal aid]* □ there is no pending application to withdraw or
diminish the sanctioned payment □ [there is only 1 defendant] [the
sanctioned payment is made by all defendants] [I have discontinued my claim
against those defendants who have not made the sanctioned payment and they
have given written consent to the acceptance of the sanctioned payment]* □
[my claim does not include a claim for provisional damages] [my claim for
provisional damages has been disposed of under Order 37, rule 8]* (If any of
the above declarations has not been made, the money in court can only be paid
out by order of the Court) □ a copy of this notice has been served on the
defendant('s solicitor) named below and I request payment of this money held
in court to be made to:
Plaintiff or solicitor's full name/Director of Legal Aid*
Address and telephone number
Signature Note: Before signing this form please read the notes for guidance
overleaf. Incorrectly signed forms may be returned unactioned.
DETAILS OF PLAINTIFF'S SOLICITOR
Defendant or solicitor's full name/Director of Legal Aid*
Address and telephone number
Signature Note: The plaintiff('s solicitor) should obtain the signature of the
defendant('s solicitor) on the boxes below before serving a copy of this
notice on him
DETAILS OF DEFENDANT'S SOLICITOR
* Delete as appropriate
Notes for guidance on completion of Form No. 25
In order to request payment out of funds in court, file this form, signed and
completed in accordance with these notes for guidance in the Registry of the
District Court. A copy of this form should also be sent to the defendant('s
solicitors). ‧ When completing this form, please ensure that you tick all of
the boxes under the heading: 'I declare that'. If you do not tick all of the
boxes, the Registry of the District Court will not be able to process your
request for payment and will have to return the form to you. ‧ The form
should be signed either by the plaintiff or his solicitor. ‧ The Accounts
Office of the District Court will only issue payment upon receipt of a
properly completed Form No. 25 with an original signature. Faxed copies of the
form and photocopies of signatures will not be accepted and will be returned
to sender. (L.N. 153 of 2008)
——————
No. 25A
Notice of payment into court under order or certificate
(Order 22 rule 27(1))
(Heading as in action)
Take notice that the plaintiff/defendant _____________________ has paid
$________________ into court in compliance with the order/certificate of
__________________ dated __________________.
Signed Position or office held
(If signing on behalf of a firm,
Plainfiff/Defendant('s solicitor)
company or corporation)
Date With company chop
(if applicable)
___________________________________________________________________________
______________ Solicitors' certificate
We certify that-
(a) the payment is made within time.
*(b) there is no direction in the order for investment of the money.
*(c) the Court has directed that the money be invested in the following
manner-
SOLICITOR'S DETAILS
Name of firm
Solicitor for
* Delete as appropriate (L.N. 153 of 2008)
——————
No. 26
List of Documents
(Order 24 rule 5)
(Heading as in cause or matter)
List of documents
The following is a list of the documents relating to the matters in question
in this action which are or have been in the possession, custody or power of
the above-named plaintiff (or defendant) A.B. and which is served in
compliance with Order 24, rule 2 (or the order herein dated the
.............................. day of .............................. 20
..........).
1. The plaintiff (or defendant) has in his possession, custody or power the
documents relating to the matters in question in this action enumerated in
schedule 1 hereto.
2. The plaintiff (or defendant) objects to produce the documents enumerated in
part 2 of the said schedule 1 on the ground that (stating the ground of
objection).
3. The plaintiff (or defendant) has had, but has not now, in his possession,
custody or power the documents relating to the matters in question in this
action enumerated in schedule 2 hereto.
4. Of the documents in the said schedule 2, those numbered ............. in
that schedule were last in the plaintiff's (or defendant's) possession,
custody or power on (stating when) and the remainder on (stating when).
(Here state what has become of the said documents and in whose possession they
now are.)
5. Neither the plaintiff (or defendant), nor his solicitor nor any other
person on his behalf, has now, or ever had, in his possession, custody or
power any document of any description whatever relating to any matter in
question in this action, other than the documents enumerated in schedules 1
and 2 hereto.
Schedule 1
Part 1
(Here enumerate in a convenient order the documents (or bundles of documents,
if of the same nature, such as invoices) in the possession, custody or power
of the party in question which he does not object to produce, with a short
description of each document or bundle sufficient to identify it.)
Part 2
(Here enumerate as aforesaid the documents in the possession, custody or power
of the party in question which he objects to produce.)
Schedule 2
(Here enumerate as aforesaid the documents which have been, but at the date of
service of the list are not, in the possession, custody or power of the party
in question.)
Dated the ................. day of ....................... 20 ........
Notice to inspect
Take notice that the documents in the above list, other than those listed in
part 2 of schedule 1 (and schedule 2), may be inspected at (the office of the
solicitor of the above-named (plaintiff) (defendant) (insert address) or as
may be) on the ............... day of .............................. 20
........, between the hours of ...................................... and
......................................
To the defendant (or plaintiff) C.D. and his solicitor.
Served the ...................... day of ............... 20 ........ by
............................................. of
...........................................................................
.......... solicitors for the (plaintiff) (defendant). (L.N. 153 of 2008)
——————
No. 27
Affidavit verifying list of documents
(Order 24 rule 5)
(Heading as in cause or matter)
I, the above-named plaintiff (or defendant) A.B., make oath and say as
follows:-
1. The statements made by me in paragraphs 1, 3 and 4 of the list of
documents now produced and shown to me marked ......................... are
true.
2. The statements of fact made by me in paragraph 2 of the said list are true.
3. The statements made by me in paragraph 5 of the said list are true to the
best of my knowledge, information and belief.
Sworn, etc.
This affidavit is filed on behalf of the plaintiff (or defendant).
——————
No. 28
Writ of subpoena
(Order 38 rule 14)
(Heading as in cause or matter)
To (names of witnesses).
You are required to attend (at the District Court in Hong Kong at the sittings
of our District Court) on the day fixed for the trial of the above-named
cause, notice of which will be given to you, and from day to day thereafter
until the end of the trial, to give evidence on behalf of the (plaintiff) or
(defendant)*.
Witness
....................................................................... Chief
Justice of the Court of Final Appeal of the Hong Kong Special Administrative
Region, the ............ day of ................... 20 ......
Issued on the ............................ day of
............................................................. 20 ........ by
......................................... solicitors for the
.......................................................................
*If duces tecum add: And it is also required to bring with you and produce at
the place aforesaid on the day notified to you (here describe the documents or
things to be produced).
——————
No. 29
Writ of subpoena: proceedings in chambers
(Order 38 rule 14)
(Heading as in cause or matter)
To (names of witnesses).
You are required to attend before His/Her Honour Judge/Master
........................................
........................................................................ in
chambers, at the District Court in Hong Kong on ................. day, the
................. day of ................. 20 ....... at ....... o'clock in
the ........ noon and so from day to day until your evidence shall have been
taken, to give evidence on behalf of the (plaintiff) or
(defendant) in the above-named cause (and it is also required to bring with
you and produce at the time and place aforesaid describe the documents
or things to be produced).
Witness (as in No. 28).
Issued (as in No. 28).
——————
No. 31
Summons for examination within jurisdiction of witness before trial
(Order 39 rule 1)
(Heading as in cause or matter)
Let all parties concerned attend His/Her Honour Judge/Master
..........................................
......................................................................... in
chambers at the District Court in Hong Kong on ................. day, the
................. day of ................. 20 ....... at ....... o'clock in
the ........ noon on the hearing of an application on the part of
.............................. that A.B. a witness on behalf of the
................................ be examined forthwith before a Judge, [the
Registrar or Master] or one of the examiners of the Court upon the usual
terms, and that the costs of this application be (costs in the cause).
Dated the ................. day of ....................... 20 ........
This summons was taken out by
...........................................................................
....... of ...................................................... solicitors
for the ...............................................................
To the above-named .................................. (and
........................................ his solicitors).
——————
No. 32
Order for examination within jurisdiction of witness before trial
(Order 39 rule 1)
(Heading as in cause or matter)
On hearing (the solicitors on both sides) and on reading the affidavit of
............................... filed herein the .................. day of
......................... 20 ........
It is ordered that
....................................................................... a
witness on behalf of the......................................................
be examined viva voce on oath or affirmation before (a Judge, or the Registrar
or Master, or one of the examiners of the Court
....................................... Esq.), the plaintiff's (or
defendant's) solicitor giving to the defendant's (or plaintiff's) solicitors
......................... days' notice in writing of the time and place where
the examination is to take place (or state the time and place if fixed by the
order). And it is ordered that the depositions taken at the examination be
filed in the Registry of the District Court, and that office copies thereof
may be read and given in evidence on the trial of this cause, saving all just
exceptions, without any further proof of the absence of the said witness than
the affidavit of the solicitor of the party using the same, as to his belief,
and that the costs of this application (and of the examination) be (costs in
the cause).
Dated the ................. day of ....................... 20 ........
——————
No. 38
Notice of motion
(Order 8 rule 3)
(Heading as in cause or matter)
Take notice that (pursuant to the leave of
.......................................... given on the .......... day of
........................ 20 .......... ) the Court (or Judge
............................................................. ) will be moved
........................ the ............. day of ....................... 20
........... at ........... o'clock, or so soon thereafter as counsel can be
heard, by (Mr. ........................ of ........................ ) counsel
for the above-named plaintiff (or defendant) that
...........................................................................
...................................... and that the costs of the application
be ...........................................
Dated the ........... day of ........................ 20 ........... .
(Signed) .................................. of
................................... Solicitor for
...................................
To
Solicitor for
...........................................................................
... (L.N. 153 of 2008)
——————
No. 39
Default judgment in action for liquidated demand
(Order 13 rule 1; Order 19 rule 2; Order 42 rule 1)
(Heading as in action)
The ...................... day of .............................. 20 ........
No notice of intention to defend having been given (or no defence having been
served) by the defendant herein, it is this day adjudged that the defendant do
pay the plaintiff $ ............................................. and $
...........................................................................
costs (or costs to be taxed).
(The above costs have been taxed and allowed at $
....................................................... as appears by a taxing
officer's certificate dated the
.............................................................. day of
.................................................. 20 ........).
——————
No. 40
Default judgment in action for unliquidated damages
(Order 13 rule 2; Order 19 rule 3; Order 42 rule 1)
(Heading as in action)
The ...................... day of .............................. 20 ........
No notice of intention to defend having been given (or no defence having been
served) by the defendant herein, it is this day adjudged that the defendant do
pay the plaintiff damages to be assessed.
___________________________________________________________________________
____
The amount found due to the plaintiff under this judgment having been
certified at $ ..................................................... as
appears by the (Judge's or Registrar's certificate or as may be) filed the
.................... day of ............................ 20 .......
It is adjudged that the defendant do pay the plaintiff $
............................ and costs to be taxed.
The above costs, etc. (as in No. 39).
(Note:-This form is a combined form of interlocutory and final judgment. The
plaintiff may at his option enter interlocutory judgment by omitting the words
below the line in the form and enter a separate final judgment in Form No.
43.)
——————
No. 41
Default judgment in action relating to detention of goods
(Order 13 rule 3; Order 19 rule 4; Order 42 rule 1)
(Heading as in action)
The ...................... day of .............................. 20 ........
No notice of intention to defend having been given (or no defence having been
served) by the defendant herein.
It is this day adjudged that the defendant do deliver to the plaintiff the
goods described in the writ of summons (or statement of claim) as
(description of goods) or pay the plaintiff the value of the said goods to be
assessed (and also damages for their detention to be assessed).
or
It is this day adjudged that the defendant do pay the plaintiff the value of
the goods described in the writ of summons (or statement of claim) to be
assessed (and also damages for their detention to be assessed).
___________________________________________________________________________
____
The value of the said goods having been assessed at $ .......... (and damages
at $ ................) as appears by the (Judge's or Registrar's certificate
or as may be) filed the ........................ day of
.............................. 20 ........
It is adjudged that the defendant do pay the plaintiff $ .............. and
costs to be taxed.
The above costs, etc. (as in No. 39).
(Note:-See the note to No. 40.)
——————
No. 42
Default judgment in action for possession of land
(Order 13 rule 4; Order 19 rule 5; Order 42 rule 1)
(Heading as in action)
The .................. day of ........................... 20 ........
No notice of intention to defend having been given (or no defence having been
served) by the defendant herein, it is this day adjudged that the defendant do
give the plaintiff possession of the land described in the writ of summons (or
statement of claim) as .................................... and pay the
plaintiff $ .................................... costs (or costs to be taxed).
The above costs, etc. (as in No. 39).
——————
No. 42A
Order for possession
(Order 113 rule 6)
[Heading as in summons]
Upon hearing ............................. and upon reading the affidavit of
............................ filed the ................... day of
................... 20 ........., it is ordered that the plaintiff A.B. do
recover possession of the land described in the originating summons as
................................................... [and that the defendant
............................. do pay the plaintiff $
............................................... costs [or costs to be taxed]].
The above costs have been taxed and allowed at $
..................................... as appears by a taxing master's
certificate dated the ...................... day of
.......................................... 20 ..........
Dated the ................. day of ....................... 20 ........
——————
No. 43
Final judgment after assessment of damages, etc.
(Order 42 rule 1)
(Heading as in action)
The .................. day of ........................... 20 ........
The plaintiff having on the ..................... day of
.................................... 20 ........ obtained interlocutory
judgment herein against the defendant for damages (or as may be) to be
assessed, and the amount found due to the plaintiff having been certified at $
........................ as appears by the (Judge's or Registrar's certificate
or as may be) filed the ...................................................
day of ............................ 20 ........
It is this day adjudged that the defendant do pay the plaintiff $
................................ and costs to be taxed.
The above costs, etc. (as in No. 39).
——————
No. 44
Judgment under Order 14
(Order 14 rule 3; Order 42 rule 1)
(Heading as in action)
The .................. day of ........................... 20 ........
The defendant having given notice of intention to defend herein and the Court
having under Order 14, rule 3 of the Rules of the District Court ordered that
judgment as hereinafter provided be entered for the plaintiff against the
defendant.
It is this day adjudged that the defendant do pay the plaintiff $
..................................... and $ ................................
costs (or costs to be taxed)
or
pay the plaintiff damages to be assessed and costs to be taxed
or
deliver to the plaintiff the goods described in the writ of summons (or
statement of claim) as ............................................... (or pay
the plaintiff the value of the said goods to be assessed) (and also damages
for their detention to be assessed) and costs to be taxed
or
give the plaintiff possession of the land described in the writ of summons
(or statement of claims) as ..................................... and costs to
be taxed.
The above costs, etc. (as in No. 39).
——————
No. 45
Judgment after trial before judge
(Order 42 rule 1)
(Heading as in action)
Dated and entered the ......................... day of
................................................ 20 ...........
This action having been tried before His/Her Honour Judge
....................................... at the District Court, Hong Kong, and
the said Judge ........................... having on the
.......................... day of ......................... 20.........
ordered that judgment as hereinafter provided be entered for the plaintiff
(or defendant) (and directed that execution be stayed for the period and on
the terms hereinafter provided).
It is adjudged that the defendant do pay the plaintiff $
..................................... and his costs of action to be taxed
(or that the plaintiff do pay the defendant his costs of defence to be taxed
or as may be according to the judge's order).
(It is further adjudged that execution be stayed for
............................... days or as may be.)
The above costs, etc. (as in No. 39).
——————
No. 48
Judgment after decision of preliminary issue
(Order 33 rule 7; Order 42 rule 1)
(Heading as in cause or matter)
Dated and entered the ......................... day of
................................................ 20 ...........
The issue (or question) arising in this cause (or matter) by the order dated
the ..................... day of .............................. 20 .........
ordered to be tried before .................................................
...........................................................................
..........................having on the ..................... day of
.............................. 20 ........ been tried before the said
.................................................. and the said
................................................................... having
found .............................. and having ordered that judgment as
hereinafter provided be entered for the ......................................
.......................................................(or having dismissed
the cause or matter).
It is adjudged that (the defendant do pay the plaintiff $
................................................ and his costs of action to be
taxed) (the plaintiff do pay the defendant his costs of defence to be taxed)
or as may be according to the order made.
——————
No. 49
Judgment for liquidated sum against personal representative
(Order 42 rule 1)
(Heading as in action)
Dated and entered the ...................... day of
.............................. 20 ......... (Recital as in No. 39, 43-45, or
48 according to the circumstances in which judgment was obtained).
It is adjudged that the defendant as executor (or administrator) of the
above named .................................................. deceased do pay
the plaintiff $ ........................................ and costs to be
taxed, the said sum and costs to be levied of the real and personal estate of
the deceased at the time of his death come to the hands of the defendant as
such executor (or administrator) to be administered, if he has or shall
hereafter have so much thereof in his hands to be administered, and if he has
not so much thereof in his hands to be administered, then, as to the costs
aforesaid, to be levied of the goods, chattels and other property of the
defendant authorized by law to be seized in execution (or as may be according
to the order made).
The above costs, etc. (as in No. 39).
——————
No. 50
Judgment for defendant's costs on discontinuance
(Order 62 rule 10(1))
(Heading as in action)
The .................. day of ........................... 20 ........
The plaintiff having by a notice in writing dated the ......................
day of .......................... 20 ........, discontinued this action (or
withdrawn his claim in this action for ..................................
........................................) and the defendant's costs of the
action (or of the claim withdrawn) having been taxed and allowed at $
...................................... as appears by a taxing officer's
certificate dated the .......................... day of
......................... 20 ........., and the plaintiff not having paid the
sum within 4 days after taxation.
It is this day adjudged that the plaintiff do pay the defendant $
............................... the said taxed costs.
——————
No. 51
(Repealed L.N. 153 of 2008)
——————
No. 52
Notice of judgment or order
(Order 44 rule 2)
(Heading as in cause or matter)
Take notice that a judgment (or order) of this Court was given (or made) on
the ..................... day of .............................. 20 .........
by which it was (state substance of judgment or order).
And also take notice that from the time of the service of this notice you
(or the infant ............................ or the patient
.................................... as may be) will be bound by the said
judgment (or order) to the same extent as you (or he) would have been if you
(or he) had originally been made a party.
And also take notice that you (or the said infant or patient) may within one
month after the service of this notice apply to the Court to discharge, vary
or add to the said judgment (or order) and that after acknowledging service of
this notice at the Registry of the District Court, you (or the said infant or
patient) may attend the proceedings under the said judgment (or order).
Dated the ................. day of ....................... 20 ........
To ..............................................................
(Signed) ..............................................................
——————
No. 53
Writ of fieri facias
(Order 45 rule 12)
(Heading as in action)
To the bailiff
................................................................... :
Whereas in the above named action it was on the ..................... day of
.......................... 20 ........ adjudged (or ordered) that the
defendant C.D. do pay the plaintiff A.B. $ ............... (and $
...................... costs or costs to be taxed, which costs have been taxed
and allowed at $ ............ as appears by the certificate of the taxing
officer dated the ..................... day of .......................... 20
........):
It is required that of the goods, chattels and other property of C.D.
authorized by law to be seized in execution you cause to be made the sums of $
.......................... and $ ......................... for costs of
execution and also interest on $ .............. at the rate of ............
per cent per annum from the ..................... day of
.......................... 20 ......... until payment (together with bailiff's
fees, costs of levying and all other legal, incidental expenses) and that
immediately after execution of this writ you pay A.B. in pursuance of the said
judgment (or order) the amount levied in respect of the said sums and
interest.
And it is also required that you indorse on this writ immediately after
execution thereof a statement of the manner in which you have executed it and
send a copy of the statement to A.B.
Witness ............................................... Chief Justice of
the Court of Final Appeal of the Hong Kong Special Administrative Region, the
..................... day of .......................... 20 .........
This writ was issued by .............................. of
............................................ solicitors for
.................................. the
....................................................... (or this writ was
issued by A.B. (the plaintiff) in person who resides at
........................................).
——————
No. 54
Writ of fieri facias on order for costs
(Order 45 rule 12)
(Heading as in cause or matter)
To the bailiff
................................................................... :
Whereas in the above named cause (or matter) it was on the
.................................... day of .......................... 20
......... ordered that the .............................................. C.D.
do pay the ............................. A.B. costs to be taxed, which costs
have been taxed and allowed at $ ............ as appears by the taxing
officer's certificate dated the ......................... day of
.......................... 20 ......... :
It is required that of the goods, chattels and other property of C.D.
authorized by law to be seized in execution you cause to be made the sum of $
................................ and $ ........... for costs of execution, and
also interest on $ ......................... at the rate of
......................... per cent per annum from the ........................
day of .............................. 20 ........... until payment together
with bailiff's fees, cost of levying and all other legal, incidental expenses
and that immediately after execution of this writ you pay A.B. in pursuance of
the said order the amount levied in respect of the said sum and interest.
And it is also required (as in No. 53).
Witness (as in No. 53).
This writ (as in No. 53).
——————
No. 56
Writ of fieri facias after levy of part
(Order 45 rule 12)
(Heading as in action)
To the bailiff
................................................................... :
Whereas (as in No. 53).
And whereas by our writ issued the ...................... day of
.............................. 20 ........ it is required that of the goods,
chattels and other property of C.D. you should cause to be made the sums of $
........................... and $ ........................... for costs of
execution and also interest on $ ............ at ............ per cent per
annum from the ............................ day of
............................ 20 .............. until payment and should pay
A.B. in pursuance of the said judgment (or order) the amount levied in respect
of the said sums and interest and should indorse on the writ a statement of
the manner in which you had executed it and send a copy of the statement to
A.B.
And whereas the indorsement on the said writ states that by virture thereof
you (or he) caused to be made of the property aforesaid the sum of $
.....................................
It is required that of the goods, chattels and other property of C.D.
authorized by law to be seized in execution you cause to be made the sum of $
..........................., the residue of the said $ ......................,
and $ ...................... for costs of execution and also interest on $
................... at the rate of ............ per cent per annum from the
..................... day of ..................... 20 ........ until payment
(continue as in No. 53).
And it is also required (as in No. 53).
Witness (as in No. 53).
This writ (as in No. 53).
——————
No. 57
Writ of fieri facias against personal representative
(Order 45 rule 12)
(Heading as in action)
To the bailiff
................................................................... :
Whereas in the above named action it was on the ..................... day of
.......................... 20 ........ adjudged (or ordered) that the
defendant C.D. as executor (or administrator) of E.F. deceased do pay the
plaintiff A.B. $ ...................... and $ ........................ costs
(or costs to be taxed which costs have been taxed and allowed at $
............................. as appears by the certificate of the taxing
officer dated the ..................... day of .......................... 20
........), the said sums and interest to be levied of the real and personal
estate of the said E.F. at the time of his death in the hands of the defendant
C.D. as his executor (or administrator) to be administered, if he had or
should thereafter have so much thereof in his hands to be administered, (and
if he had not, then the said costs to be levied of the goods, chattels and
other property of the defendant C.D. authorized by law to be seized in
execution):
It is required that of the real and personal estate of E.F. deceased, at the
time of his death, which is in the hands of C.D. as his executor (or
administrator) to be administered you cause to be made the sums of $
........................ and $ ........................ for costs of execution
and also interest on $ ................... at the rate of ...................
per cent per annum from the ...................... day of
................................... 20 ........ until payment (together with
bailiff's fees, cost of levying and all other legal, incidental expenses) (and
if the said C.D. has not so much thereof in his hands to be administered that
you cause to be made of the goods, chattels and other property of C.D.
authorized by law to be seized in execution the sum of $ ................. for
costs) and that immediately after execution of this writ you pay A.B. in
pursuance of the said judgment (or order) the amount levied in respect of the
said sums and interest.
And it is also required (remainder as in No. 53).
Witness (as in No. 53).
This writ (as in No. 53).
——————
No. 64
Writ of delivery: delivery of goods, damages and costs
(Order 45 rule 12)
(Heading as in action)
To the bailiff
................................................................... :
Whereas in the above named action it was on the
.................................................... day of
..................................... 20 ........ adjudged (or ordered) that
the defendant C.D. do deliver to the plaintiff A.B. the following goods,
namely (describe the goods delivery of which has been adjudged or ordered )
(and $
...........................................................................
.................. damages) and $ .................................... costs
(or costs to be taxed, which costs have been taxed and allowed at $
............................. as appears by the certificate of the taxing
officer dated the .................. day of ................................
20 ........):
It is required that you cause the said goods to be delivered to A.B. and that
of the goods, chattels and other property of C.D. authorized by law to be
seized in execution you cause to be made the sums of $
........................ and $ ....................... for costs of execution
and also interest on $ ...................................... at the rate of
............. per cent per annum from the .................. day of
............................................. 20 ........ until payment
together with bailiff's fees, costs of levying and all other legal, incidental
expenses and that immediately after execution of this writ you pay A.B. in
pursuance of the said judgment (or order) the amount levied in respect of the
said sums and interest.
And it is also required that you indorse (remainder as in No. 53).
Witness (as in No. 53).
This writ (as in No. 53).
——————
No. 65
Writ of delivery: delivery of goods or value, damages, costs
(Order 45 rule 12)
(Heading as in action)
To the bailiff
................................................................... :
Whereas in the above named action it was on the
................................................... day of
.................................. 20 .......... adjudged (or ordered) that
the defendant C.D. do deliver to the plaintiff A.B. the following goods,
namely (describe the goods delivery of which has been adjudged or ordered) or
do pay him $
...........................................................................
................ being the assessed value of the said goods, (and $
...................... damages) and $ ..................... costs (or costs to
be taxed, which costs have been taxed and allowed at $
............................................ as appears by the certificate of
the taxing officer dated the ..................... day of
.......................... 20 ........):
It is required that you cause the said goods to be delivered to A.B. and that
if possession of the said goods cannot be obtained by you you cause to be made
of the goods, chattels and other property of C.D. authorized by law to be
seized in execution $ ....................... the assessed value of the said
goods and pay it to A.B.
And it is also required that of the said property of C.D. you cause to be made
the sums of $ .................... for (damages and) costs and $
.................... for costs of execution and also interest on $
...........................................................................
at the rate of .......... per cent per annum from the ......................
day of .................................................................... 20
.......... until payment together with bailiff's fees, costs of levying and
all other legal, incidental expenses and that immediately after execution of
this writ you pay A.B. in pursuance of the said judgment (or order) the amount
levied in respect of the said sums and interest.
And it is also required that you indorse (remainder as in No. 53).
Witness (as in No. 53).
This writ (as in No. 53).
——————
No. 66
Writ of possession
(Order 45 rule 12)
(Heading as in action)
To the bailiff
................................................................... :
Whereas in the above named action it was on the
.................................................... day of
................................ 20 .......... adjudged (or ordered) that the
defendant C.D. do give the plaintiff A.B. possession of (describe the land
delivery of which has been adjudged or ordered ) and do pay him ($
...................... and) $ ....................... costs (or costs to be
taxed, which costs have been taxed and allowed at $ .................. as
appears by the taxing officer's certificate dated the .................... day
of ........................... 20 ..........):
It is required that you enter the said land and cause A.B. to have possession
of it.
And it is also required that of the goods, chattels and other property
(remainder as in No. 53).
And it is also required that you indorse (as in No. 53).
Witness (as in No. 53).
This writ (as in No. 53).
——————
No. 66A
Writ of possession
(Order 45 rule 12; Order 113 rule 7)
(Heading as in summons)
To the bailiff
................................................................... :
Whereas it was on the .................. day of
........................................................ 20 .......... ordered
that the plaintiff A.B. do recover possession of [describe the land recovery
of which has been ordered] [and that the defendant C.D. do pay him $
........................................................... costs [or costs to
be taxed, which costs have been taxed and allowed at $
.................................... as appears by the taxing master's
certificate dated the
........................................................... day of
.......................... 20 ..........]]:
It is required that you enter the said land and cause A.B. to have possession
of it.
[And it is also required that of the goods, chattels and other property
[remainder as in No. 53].]
Witness (as in No. 53).
This writ (as in No. 53).
Dated this .................. day of ......................... 20 ........
——————
No. 67
Writ of sequestration
(Order 45 rule 12)
(Heading as in cause or matter)
To (names of not less than four commissioners) :
Whereas in the above named action (or matter) in our District Court, Hong
Kong, it was on the ................ day of
........................................................... 20 ..........
adjudged (or ordered) that C.D. should (pay into court the sum of $
..................... or as may be):
You are hereby authorized and directed by this writ that you, or any two or
three of you, may enter upon and take possession of all the real and personal
estate of the said C.D. and may collect, receive and get into your hands the
rents and profits of his real estate and all his personal estate and keep the
same under sequestration in your hands until the said C.D. shall (pay into
court to the credit of the said action or matter the sum of $
........................................... or as may be) and clear his
contempt and the said Court make other order to the contrary.
Witness (as in No. 53).
This writ was issued (as in No. 53).
——————
No. 68
Writ of restitution
(Order 46 rule 1)
(Heading as in action)
To the bailiff
................................................................... :
Whereas in the above named action it was on the
.................................................... day of
.................................. 20 .......... adjudged (or ordered) that
the defendant C.D. do give the plaintiff A.B. possession of (describe the land
delivery of which was adjudged or ordered):
And whereas on the .................. day of
......................................................... 20 .......... a writ
of possession was issued pursuant to the said judgment (or order) directing
you to give possession of the said land to the said A.B., but it appearing to
the District Court, Hong Kong that certain other persons have wrongfully taken
possession of the said land and the said Court having on the
.............................. day of
......................................................... 20 ..........
ordered that a writ of restitution should issue in respect of the said land:
It is required that you enter the said land and cause A.B. to have restitution
thereof.
And it is also required that you indorse (remainder as in No. 53).
Witness (as in No. 53).
This writ (as in No. 53).
——————
No. 69
Writ of assistance
(Order 46 rule 1)
(Heading as in action)
To the present and any future bailiff
...........................................................................
.... :
Whereas by an order dated the ................. day of
............................................... 20 ........ made in an action
in the District Court, Hong Kong between A.B., plaintiff, and C.D., defendant,
the said C.D. was ordered to give to the said A.B. possession of the goods
therein described, namely (describe the goods), but he the said C.D. and other
persons have refused to obey the order and keep the possession of the goods in
contempt of the said Court:
And whereas by an order made in the said action dated the
................................................ day of
.......................................................... 20 ........ it was
ordered that a writ of assistance should issue to give the said A.B.
possession of the said goods:
It is required that you put the said A.B. and his assigns into full peaceable
and quiet possession of the said goods and defend and keep him and his assigns
in such peaceable and quiet possession, when and as often as any interruption
thereof is at any time effected, according to the intent of the said orders.
And herein you are not in any wise to fail.
Witness (as in No. 53).
This writ (as in No. 53).
——————
No. 71
Notice of renewal of writ of execution
(Order 46 rule 8)
(Heading as in cause or matter)
Take notice that the writ of ................................................
issued in this cause (or matter) directed to the bailiff and bearing date the
.................. day of ....................................... 20 ........
has by order dated the ........................... day of
......................................................... 20 ........ been
renewed for one year beginning with the date of the said order.
To the bailiff.
(Signed)
Solicitors for ...........................................
——————
No. 72
Garnishee order to show cause
(Order 49 rule 1)
20 ......, No. ...........
IN THE DISTRICT COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION
NO. ......................... OF 20 ............
(His/Her Honour Judge/Master ................ in chambers)
Between A.B.
Judgment creditor
AND
C.D. Judgment debtor
F.G. Garnishee
Upon reading the affidavit of
..................................................... filed the
.................. day of
...................................................... 20 .......:
It is ordered by (His/Her Honour Judge/Master
.......................................) that all debts due or accruing due
from the above-mentioned garnishee to the above-mentioned judgment debtor (in
the sum of $ ....................) be attached to answer a judgment recovered
against the said judgment debtor by the above-named judgment creditor in the
District Court on the ............................. day of
................................... 20 ........ for the sum (or to answer an
order made in the District Court on the ............................ day of
.................................... 20 ........; ordering payment by the said
judgment debtor to the above-named judgment creditor of the sum) of $
.......................... (debt and $ .......................... costs) and
interest at the judgment rate calculated from the date on which maintenance
payment is due to the date of payment and surcharge at a rate to be decided by
the District Court, as referred to in Order 49, rule 2(ba)(i) and (ii)
(together with the costs of the garnishee proceedings) on which judgment (or
order) the sum of $ .......................... remains due and unpaid.
And it is ordered that the said garnishee attend His/Her Honour Judge/Master
...................... in Chambers, at the District Court, in Hong Kong on the
...................................................... day of
........................................ 20 ........ at .......... o'clock in
the .......... noon, on an application by the said judgment creditor that
the garnishee do pay to the said judgment creditor the debt due from the said
garnishee to the said judgment debtor, or so much thereof as may be sufficient
to satisfy the said judgment (or order), and interest at the judgment rate
calculated from the date on which maintenance payment is due to the date of
payment and surcharge at a rate to be decided by the District Court, as
referred to in Order 49, rule 2(ba)(i) and (ii) together with the costs of
the garnishee proceedings.
Dated the ................. day of ....................... 20 ........
To the above-named garnishee and judgment debtor.
(18 of 2003 s. 27)
——————
No. 73
Garnishee order absolute where garnishee owes more than judgment debt
(Order 49 rule 1)
(Heading as in No. 72)
Upon hearing the solicitors for the judgment creditor and the garnishee, and
upon reading the affidavit of
...........................................................................
........ filed herein, and the order to show cause made herein dated the
............................ day of
..................................................... 20 ........, whereby it
was ordered that all debts due or accruing due from the above-named garnishee
to the above-named judgment debtor should be attached to answer a judgment
recovered against the said judgment debtor by the above-named
judgment creditor in the District Court on the ........................ day of
............................................ 20 ........ for the sum (or to
answer an order made in the District Court dated the ................. day of
........................................ 20 ........ ordering payment by the
said judgment debtor to the above-named judgment creditor of the sum) of $
........................... (debt and $ ............................ costs)
and interest at the judgment rate calculated from the date on which
maintenance payment is due to the date of payment and surcharge at a rate to
be decided by the District Court, as referred to in Order 49, rule 2(ba)(i)
and (ii) (together with the costs of the garnishee proceedings) on which
judgment (or order) the sum of $ ................ remained due and unpaid:
It is ordered that the said garnishee do forthwith pay to the said
judgment creditor $ ............. being so much of the debt from the said
garnishee to the said judgment debtor as is sufficient to satisfy the said
judgment debt, $........... interest and $........... surcharge, as referred
to in Order 49, rule 2(ba)(i) and (ii) and costs, together with $
.......................... the costs of the garnishee proceedings, and that
the said garnishee be at liberty to retain $ ..............................
for his costs of this application out of the balance of the debt due from him
to the judgment debtor.
Dated the ................. day of ....................... 20 ........
(18 of 2003 s. 27)
——————
No. 74
Garnishee order absolute where garnishee owes less than judgment debt
(Order 49 rule 1)
(Heading as in No. 72)
Upon hearing (as in No. 73).
It is ordered that the said garnishee (after deducting therefrom $
............................... for his costs of this application) do
forthwith pay to the said judgment creditor $ ................................
the debt due from the said garnishee to the said judgment debtor and
$........... interest and $........... surcharge, as referred to in Order 49,
rule 2(ba)(i) and (ii). And that the sum of $
............................................ the costs of the
judgment creditor of this application be added to the judgment debt and be
retained out of the money recovered by the said judgment creditor under this
order and in priority to the amount of the judgment debt.
Dated the ................. day of ....................... 20 ........
(18 of 2003 s. 27)
——————
No. 75
Charging order: notice to show cause
(Order 50 rule 1)
(Heading as in cause or matter)
Upon hearing the .................. and upon reading the affidavit of
................... filed herein the ............ day of
................................... 20 ....... whereby it appears that by a
judgment (or order) made in the District Court on the
.......................... day of ...........................................
20 ........ the defendant was ordered to pay to the plaintiff the sum of $
.............................................. and $
................................ costs on which judgment (or order) the sum of
$ ................................... remains due and unpaid and that the
defendant has a beneficial interest in the asset specified in the schedule
hereto:
It is ordered by (His/Her Honour Judge/Master
..................................) that unless sufficient cause to the
contrary be shown before (His/Her Honour Judge/Master
.......................................) at the District Court of the Hong
Kong Special Administrative Region, (Wan Chai Law Courts, Wan Chai Tower, No.
12, Harbour Road, Wan Chai, Hong Kong) on the ..............................
day of .................. 20 ........., at ......... o'clock in the ......
noon, the defendant's interest in the said asset shall, and it is ordered that
in the meantime it do, stand charged with the payment of $
.......................... due on the said judgment
(or order) and (interest thereon at the statutory rate) (interest at the
judgment rate calculated from the date on which maintenance payment is due to
the date of payment and surcharge at a rate to be decided by the District
Court, as referred to in Order 50, rule 1(3)(ba)(i) and (ii)) together with
the costs of this application.
Dated the ................. day of ....................... 20 ........
SCHEDULE
(Describe with full particulars the relevant land, securities, funds or trust,
stating, in relation to securities, their full title, the amount of them and
the name in which they stand and whether the beneficial interest charged is in
the securities only or in dividends or interest as well, and stating, in
relation to funds in court, the number of the account).
(18 of 2003 s. 27)
——————
No. 76
Charging order absolute
(Order 50 rule 3)
(Heading as in cause or matter)
Upon hearing the .................... and upon reading the affidavits of
...................................... and .................... filed herein
the .......... day of
.......................................................... 20 ........ and the
order to show cause made herein on the .......... day of
......................... 20 ..........:
It is ordered that the interest of the defendant C.D. in the asset specified
in the schedule hereto stand charged with the payment of $
.........................................., the amount due from the defendant
to the plaintiff A.B. on a judgment (or order) of the District Court dated the
................................. day of ................................. 20
........, and (interest thereon at the statutory rate) ($ .............
interest and $........... surcharge, as referred to in Order 50, rule
1(3)(ba)(i) and (ii)) together with $ ....................... the costs of
this application, the said costs to be added to the judgment debt.
Dated the ................. day of ....................... 20 ........
SCHEDULE
(Describe with full particulars the relevant land, securities, funds or trust,
stating, in relation to securities, their full title, the amount of them and
the name in which they stand and whether the beneficial interest charged is in
the securities only or in dividends or interest as well, and stating, in
relation to funds in court, the number of the account).
STOP NOTICE
To the (describe the person having custody of the security)
Take notice that, in relation to the securities specified in the schedule to
this order, you may not, without notice to (name of the plaintiff) at
(his address for service) register any transfer, or make any redemption
payment, or, in the case of a unit trust, deal with the units, or, where
dividends or interest are included in the order, pay any dividend or interest.
SCHEDULE
(18 of 2003 s. 27)
——————
No. 79
Stop order on capital and income of funds in court
(Order 50 rule 10)
(Heading as in cause or matter)
Upon hearing .......................................... for the plaintiff A.B.
and .................................. for the defendant C.D. and upon reading
the affidavit of ..................................................... filed
herein the .................... day of ......................... 20 ........:
It is ordered that no part of the capital of (describe funds) in court to the
credit of this action (or matter) (state title of action or matter), the
account of C.D., and of the sum of $ ................ cash (being income) in
court to the same credit, and of any interest or dividends to accrue due on
the said funds in court, to which the said C.D. is (or may become) entitled,
be transferred, sold, paid or otherwise dealt with without notice to the said
A.B.
Dated the ................. day of ....................... 20 ........
——————
No. 80
Affidavit and notice under Order 50 rule 11
(Order 50 rule 11)
IN THE DISTRICT COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION
In the matter of (state the settlement or other document under which the
deponent's interest arises giving the date and other particulars sufficient to
identify the document).
and
In the matter of Order 50, rule 11 of the Rules of the District Court.
I, A.B. (or C.D. the solicitor of A.B.) of
........................................................... make oath and say
that according to the best of my knowledge, information and belief I am (or
the said A.B. is) beneficially entitled under the above-mentioned settlement
(or as may be) to an interest in the securities specified in the notice hereto
annexed.
Sworn, etc. ..............
This affidavit is filed on behalf of A.B. whose address is
....................................................
Notice to be annexed to affidavit
To ........................................ Co. Ltd.
Take notice that the securities comprised in and subject to the trusts of the
settlement (or as may be) referred to in the affidavit to which this notice is
annexed consist of the following, namely (specify the stock, shares, etc.
stating the names in which it stands).
This notice is intended to stop the transfer of the said securities and not
the payment of any dividend thereof or interest thereon (or and also the
payment of any dividend thereof or interest thereon).
(Signed) A.B. (or C.D. if affidavit
sworn by him)
——————
No. 81
Order on originating summons restraining transfer of stock, etc.
(Order 50 rule 15)
20 ......., No. .............
IN THE DISTRICT COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION
NO. ......................... OF 20 ............
In the matter of the trusts of
...........................................................................
...................
and
In the matter of Order 50, rule 15 of the Rules of the District Court.
Upon the hearing of the originating summons for an injunction this day made
unto this Court by counsel for the applicant A.B.:
And the applicant by his counsel undertaking to abide by any order the Court
may hereafter make should it decide that the respondents (the
.........................................................................
...................... Co. Ltd.) have sustained damage by reason of this order
and are entitled to damages which the applicant ought to pay:
It is ordered that (the
........................................................ Co. Ltd.) be
restrained until the ......................... day of
........................................................... 20 .......... or
further order from permitting the transfer of (describe stock) standing in the
name of (state name of holder of stock) in their books, or any part thereof,
and from paying any dividend or interest due or to become due thereon.
Dated the ................. day of ....................... 20 ........
——————
No. 82
Summons for appointment of receiver
(Order 51 rule 3)
(Heading as in action)
Let the defendant C.D. attend (His/Her Honour Judge/Master
........................) in chambers at the District Court in Hong Kong on
...........................................................................
...... the .............. day of ............................ 20 ...... at
............ o'clock in the .......... noon on the hearing of an application
on the part of the plaintiff for an order that a receiver be appointed (or
that P.R. be appointed receiver) in this action to receive the rents, profits
and moneys receivable in respect of the interest of the defendant C.D. in the
following property, namely (describe the property) in or towards satisfaction
of the moneys and interest due to the plaintiff under the judgment (or order)
in this action dated the ................... day of
.......................................... 20 ........ and for an order as to
the costs of this application.
Dated the ................. day of ....................... 20 ........
This summons was taken out by .............................. of
............................
To the above-named .............................. (and his solicitors).
——————
No. 83
Order directing summons for appointment of receiver and granting injunction
meanwhile
(Order 51 rule 3)
(Heading as in action)
Upon reading the affidavit of
.................................................. filed the
..................... day of ............................ 20 ........:
Let the defendant C.D. attend (His/Her Honour Judge/Master
...........................................) in chambers at the District Court
in Hong Kong on the ...................... day of
.............................. 20 ........ at ............. o'clock in the
............ noon on the hearing of an application on the part of the
plaintiff for the appointment of P.R. as receiver in this action, on the usual
terms, to receive the rents, profits and moneys receivable in respect of the
said defendant's interest in the following property, namely
(describe the property) in or towards satisfaction of the sum of $
.................... debt and $ .................... costs, and interest on
the said sums at the rate of ........... per cent per annum from the
....................... day of .................................... 20 .......
due under the judgment (or order) in this action dated the
....................... day of ............................ 20 ........
And the plaintiff (by his solicitor) hereby undertaking to abide by any order
the Court may hereafter make should it decide that the said defendant has
sustained damage by reason of this order and is entitled to damages which the
plaintiff ought to pay, it is ordered that the said defendant by himself, his
agents or servants, or otherwise, be restrained, and an injunction is hereby
granted restraining him, until after the hearing of the above application,
from assigning, charging or otherwise dealing with the said property.
Dated the ................. day of ....................... 20 ........
——————
No. 84
Order appointing receiver by way of equitable execution
(Order 51 rule 1)
(Heading as in action)
Upon hearing .................................................................
and upon reading the affidavit of
................................................. filed the
......................... day of ......................... 20........:
(If security ordered) It is ordered that P.R. of
........................................................ on first giving
security to the satisfaction of the Court, be and is hereby appointed to
receive the rents, profits and moneys receivable in respect of the above-named
defendant's interest in the following property, namely
(describe the property).
(If no security ordered and receiver is not the plaintiff) The plaintiff being
answerable for the acts and defaults of the receiver, it is ordered that P.R.
of ...................................... be and is hereby appointed to
receive (continue as above) but he shall not receive more than the amount of
the judgment debt and allowed costs of obtaining this order without leave of
the Court or first giving (at the plaintiff's cost unless otherwise ordered)
the usual security to the satisfaction of the Court.
(If no security ordered and receiver is the plaintiff: as above omitting "The
plaintiff being answerable for the acts and defaults of the receiver," and the
words after "the Court").
(In all cases continue as follows:-)
That this appointment shall be without prejudice to the rights of any prior
incumbrances upon the said property who may think proper to take possession of
or receive the same by virtue of their respective securities or, if any prior
incumbrances is in possession, then without prejudice to such possession.
And that the tenants of premises comprised in the said property do attorn and
pay their rents in arrear and growing rents to the receiver.
And that the receiver have liberty, if he shall think proper (but not
otherwise), out of the rents, profits and moneys to be received by him to keep
down the interest upon the prior incumbrances, according to their priorities,
and be allowed such payments, if any, in passing his accounts.
And that the receiver shall on the ..................... day of
....................................... 20 ........ (3 months after the date
of order), and at such further and other times as may be ordered by the Court
leave and pass his accounts, and shall on the ................... day of
...................................... 20 ........ (4 months after the date of
order) and at such further and other times as may be hereafter ordered by
the Court pay the balance or balances appearing due on the accounts so left,
or such part thereof as shall be certified as proper to be so paid, such sums
to be paid in or towards satisfaction of what shall for the time being be due
in respect of the judgment signed on the ........................... day of
....................................... 20 ........ for the sum of $
................. debt and $ ................. costs, making together the sum
of $ .................
And that the costs of the receiver (including his remuneration), the costs of
obtaining his appointment, of completing his security (if any), of passing his
accounts and of obtaining his discharge shall not exceed ten per cent of the
amount due under the said judgment or the amount recovered by the receiver,
whichever is the less, provided that not less than
............................. be allowed unless otherwise ordered. Such costs
shall be taxed unless assessed by the Court and shall be primarily payable out
of the sums received by the receiver, but if there shall be no sums received
or the amount shall be insufficient, then upon the certificate of the Court
being given stating the amount of the deficiency, such certificate to be given
after passing the final account, the amount of the deficiency so certified
shall be paid by the defendant to the plaintiff.
It is also ordered that the balance (if any) remaining in the hands of the
receiver, after making the several payments aforesaid, shall unless otherwise
directed by the Court forthwith be paid by the receiver into Court to the
credit of this action, subject to further order.
And that any of the parties be at liberty to apply to the Judge in chambers as
there may be occasion.
Dated the ................. day of ....................... 20 ........
——————
No. 85
Order of committal
(Order 52 rule 1)
(Heading as in action)
Upon hearing the originating summons dated the ...................... day of
....................................... 20 .............. taken out by the
solicitor for the plaintiff/plaintiff and upon reading (an affidavit of
...........................................................................
.................................... filed the ............. day of
........................................ 20 .............. of service on the
defendant C.D. of a copy of the order of the Court dated the
............................. day of
............................................ 20 ............. and of notice of
hearing of this originating summons):
And it appearing to the satisfaction of the Court that the defendant C.D. has
been guilty of contempt of court in (state the contempt):
It is ordered that for his said contempt the defendant do stand committed to
....................... Prison to be there imprisoned (until further order).
(It is further ordered that this order shall not be executed if the defendant
C.D. complies with the following terms, namely,
...........................................................................
.........................
...........................................................................
...........................................................................
...........................................................................
...........................................................................
...........................................................................
...........................................................................
..............................................).
Dated the ................. day of ....................... 20 ........ (L.N.
153 of 2008)
——————
No. 85A
Warrant for committal
(Order 52 rule 1)
20 ......, No. ...........
IN THE DISTRICT COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION
NO. ......................... OF 20 ............
Between A.B.
Plaintiff
AND
C.D. Defendant
To: The Chief Bailiff and his assistants and the Commissioner of Correctional
Services.
WHEREAS by an order of this Court pronounced this day it was ordered that the
above-named [here insert name of defendant], do stand committed to Prison for
his/her contempt in the said order mentioned:
You are required to apprehend the said [here insert name of defendant], and
him/her safely convey to Prison there to be detained and kept in safe custody
until such time as the said order granted by His/Her Honour Judge
.................................................. on the ....................
day of .............................. 20 .......... shall have been complied
with and obeyed or until such time as the said [here insert name of defendant]
may be discharged by the Court on his/her application.
Dated the ................. day of ....................... 20 ........
...................................................................... A Judge
of the District Court
——————
No. 93
Notice of sanctioned payment (Order 62A)
(Order 62A rule 8(2))
(Heading as in action)
To the receiving party('s solicitor)
___________________________________________________________________________
______________
Take notice that the paying party ______________________ has paid
$______________ (a further amount of $ _______________) into court in
settlement of-
(tick as appropriate) □ the whole of your costs including the costs of
taxation (for the bill dated ______________ _______________) □ part of your
costs (give details below) □ It is in addition to the amount of $
__________________ already paid into court on _________________ and the total
amount in court now offered in settlement of your costs is $
_____________________ (give total of all payments in court to date) □ It is
not inclusive of interest and an additional amount of $ ___________________ is
offered for interest (give details of the rate(s) and period(s) for which the
amount of interest is offered) □ It takes into account the
interim payment(s) of costs made in the following amount(s) on the following
date(s): (give details) □ It takes into account the following sum(s) of
money that has (have) been paid into court as security for the costs of the
action, cause or matter:
(give details)
Signed Position or office held
(If signing on behalf of a firm,
Paying party('s solicitor)
company or corporation)
Date With company chop
(if applicable)
Note: To the receiving party If you wish to accept the payment made into court
and the Court's leave for acceptance is not required, you should complete Form
No. 93B and file it in the Registry of the District Court, and send a copy to
the paying party. (L.N. 153 of 2008)
——————
No. 93A
Notice of acceptance of sanctioned payment (Order 62A)
(Order 62A rule 13(4))
(Heading as in action)
To the paying party('s solicitor)
___________________________________________________________________________
______________
Take notice that the receiving party accepts the payment(s) into court
totalling $_________________________ in settlement of (the whole of) (part of)
the receiving party's costs as set out in the notice of sanctioned payment
received on ___________________________ (and abandons the other part(s) of the
costs).
Signed Position or office held
(If signing on behalf of a firm,
Receiving party('s solicitor)
company or corporation)
Date With company chop
(if applicable) (L.N. 153 of 2008)
——————
No. 93B
Notice of request for payment (Order 62A)
(Order 62A rule 15)
(Heading as in action)
On ___________________ I accepted the payment(s) into court totalling $
___________________ in settlement of (the whole of) (part of) my costs as set
out in the notice of sanctioned payment received on
_____________________________.
I declare that:
□ the sanctioned payment has been accepted [within 14 days] [after 14 days
but liability for and quantum of costs incurred after the 14-day period have
been agreed]* □ the offeree is not a person under disability □ [at no time
has the offeree been on legal aid in these proceedings] [the offeree has been
on legal aid]* □ there is no pending application to withdraw or diminish the
sanctioned payment □ [there is only one paying party] [the
sanctioned payment is made by all paying parties] [I have discontinued the
proceedings for taxation against those paying parties who have not made the
payment and they have given written consent to the acceptance of the
sanctioned payment]*
(If any of the above declarations has not been made, the money in court can
only be paid out by order of the Court) □ a copy of this notice has been
served on the paying party('s solicitor) named below and I request payment of
this money held in court to be made to:
Receiving party or solicitor's full name
Address and telephone number
Signature Note: Before signing this form please read the notes for guidance
overleaf. Incorrectly signed forms may be returned unactioned.
DETAILS OF RECEIVING PARTY'S SOLICITOR
Paying party or solicitor's full name/Director of Legal Aid*
Address and telephone number
Signature Note: The receiving party('s solicitor) should obtain the signature
of the paying party('s solicitor) on the box below before serving a copy of
this notice on him.
DETAILS OF PAYING PARTY'S SOLICITOR
* Delete as appropriate
Notes for guidance on completion of Form No. 93B
In order to request payment out of funds in court, file this form, signed and
completed in accordance with these notes for guidance in the Registry of the
District Court. A copy of this form should also be sent to the paying party's
solicitors. ‧ When completing this form, please ensure that you tick all of
the boxes under the heading: 'I declare that'. If you do not tick all of the
boxes, the Registry of the District Court will not be able to process your
request for payment and will have to return the form to you. ‧ The form
should be signed either by the receiving party or his solicitor. ‧ The
Accounts Office of the District Court will only issue payment upon receipt of
a properly completed Form No. 93B with an original signature. Faxed copies of
the form and photocopies of signatures will not be accepted. ‧ A director of
a company must obtain leave to represent the company from a Practice Master
before he may sign on behalf of the company. (L.N. 153 of 2008)
——————
No. 94
Order for production of documents in marine insurance action
(Order 72 rule 10)
(Heading as in action)
Upon hearing .................... (and upon reading the affidavit of
........................................ filed the .................... day of
.......................... 20 ........):
It is ordered that the plaintiff and all other persons interested in this
action, and in the insurance the subject of this action, do produce and show
to the defendant, his solicitors or agents on oath (or by oath of their proper
officer) all insurance slips, policies, letters of instruction or other orders
for effecting such slips or policies, or relating to the insurance or the
subject-matter of the insurance on the ship
...........................................................................
............................., or the cargo on board thereof, or the freight
thereby, and also all documents relating to the sailing or alleged loss of the
said ship, cargo or freight, and all correspondence with any person relating
in any manner to the effecting of the insurance on the said ship, cargo or
freight, or any other insurance whatsoever effected on the said ship, cargo or
freight, on the voyage insured by the policy sued on in this action, or any
other policy whatsoever effected on the said ship, or the cargo on board
thereof, or the freight thereby on the same voyage. Also all correspondence
between the captain or agent of the ship and any other person with the owner
or any person before the commencement of or during the voyage on which the
alleged loss happened. Also all books and documents, whatever their nature and
whether originals, duplicates or copies, which in any way relate or refer to
any matter in question in this action and which are now in the custody,
possession or power of the plaintiff or any other person on his behalf, his or
their, or any of their brokers, solicitors or agents, with liberty for the
defendant, his solicitors or agents to inspect and take copies of, or extracts
from, any of those books or documents. And that in the like manner the
plaintiff and every other person interested as aforesaid do account for all
other books and documents relating or referring to any matter in question in
this action which were once but are not now in his custody, possession and
power.
And that (in the meantime all further proceedings be stayed and that) the
costs of and occasioned by this application be costs in the action.
Dated the ................. day of ....................... 20 ........
——————
No. 95
Certificate of order against the Government
(Order 77 rule 15(3))
(Heading as in cause or matter)
By a judgment (or order) of this Court dated the .............. day of
...................................... 20 .......... it was adjudged (or
ordered) that (give particulars of the judgment or order).
I hereby certify that the amount payable to ............................ by
.................................. in pursuance of the said judgment
(or order) is $ ............................ (together with interest thereon
at the rate of ............................ per cent per annum until payment
and together with costs which have been taxed and certified by the taxing
officer at $ ..................... Interest is payable on the said costs at
the rate of .............. per cent per annum from the ....................
day of ............................. 20 ...... until payment).
(This certificate does not include the amount payable under the said judgment
or order in respect of costs).
Dated the ................. day of ....................... 20 ........
(Signed) ..........................................................
(Note:-The final paragraph is to be included where a separate certificate with
respect to costs has been directed to be issued).
——————
No. 96
Certificate of order for costs against the Government
(Order 77 rule 15)
(Heading as in cause or matter)
By a judgment (or order) of this Court dated the
..................................................... day of
............................... 20 ........ it was adjudged (or ordered) that
(give particulars of the judgment or order).
I hereby certify that the costs payable to
............................................ by ......................... in
pursuance of the said judgment (or order) have been taxed and certified by the
taxing officer at $ .................. (and interest is payable thereon at the
rate of ...................... per cent per annum from the
....................... day of .............................................
20 ........ until payment).
Dated the ................. day of ....................... 20 ........
(Signed) ..........................................................
——————
No. 102
Order of issue of warrant of arrest for examination
(Order 49B rule 1)
20 ......, No. ...........
IN THE DISTRICT COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION
NO. ......................... OF 20 ............
Between A.B.
Judgment Creditor
AND
C.D. Judgment Debtor
Upon the application of the Judgment Creditor A.B. and upon hearing the
solicitor for the said Judgment Creditor, and upon reading the affidavit of
................... filed the .................. day of
........................... 20 ........ :
It is ordered that a warrant do issue to the bailiff enjoining him to arrest
the Judgment Debtor C.D. and to bring him before the Court before the expiry
of the day after the day of arrest for examination; and it is further ordered
that the bailiff be authorized to release the Judgment Debtor-
1. upon payment to him of the sum of $ ................................... ,
being the amount of the judgment debt, together with the sum of $
.................................................................. for costs
of this action and such costs as may be due for the obtaining and execution of
this warrant;
2. upon payment to him of the sum of $
............................................... as security or the provision
of bail in that sum by a surety or sureties;
3. upon the surrender to him of the judgment debtor's travel documents.
[Delete, amend or substitute conditions in accordance with the order of
the Court.]
Dated the ................. day of ....................... 20 ........
NOTE: The Judgment Debtor may apply to the Court to discharge this order.
——————
No. 103
Order of imprisonment pending further examination
(Order 49B rule 1A)
20 ......, No. ...........
IN THE DISTRICT COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION
NO. ......................... OF 20 ............
Between A.B.
Judgment Creditor
AND
C.D. Judgment Debtor
Whereas the examination being conducted under Order 49B, rule 1A of the Rules
of the District Court has been adjourned until .................. day of
.................................... 20 ........ :
It is ordered that a warrant do issue to the bailiff enjoining him to deliver
the Judgment Debtor into the custody of the Commissioner of Correctional
Services to be kept in a prison as a prisoner for debt until the
.................. day of ..................................... 20 ........
and then to bring the Judgment Debtor before the Court for further
examination. The Court has fixed the support and maintenance allowance at the
rate of $ .................... a day.
It is further ordered that the bailiff be authorized to release the
Judgment Debtor-
1. upon payment to him of the sum of $ ..................................,
being the amount of the judgment debt, together with the sum of $
................................. for costs of this action and such costs as
may be due for the obtaining and execution of this warrant;
2. upon payment to him of the sum of $ ............................ as
security or the provision of bail in that sum by a surety or sureties.
[Delete, amend or substitute conditions in accordance with the order of
the Court.]
Dated the ................. day of ....................... 20 ........
NOTE: The Judgment Debtor may apply to the Court to discharge this order.
——————
No. 104
Order for imprisonment for debt
(Order 49B rule 1B)
20 ......, No. ...........
IN THE DISTRICT COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION
NO. ......................... OF 20 ............
Between A.B.
Judgment Creditor
AND
C.D. Judgment Debtor
[Following examination of the Judgment Debtor under Order 49B, rule 1A of the
Rules of the District Court and upon the Court being satisfied as required by
Order 49B, rule 1B of the Rules of the District Court:] or [Upon the Court
being satisfied that the Judgment Debtor has failed to comply with an order
made under Order 49B, rule 1B(2) of the Rules of the District Court:]
It is ordered that the bailiff do take the Judgment Debtor and deliver him
into the custody of the Commissioner of Correctional Services to be kept in
prison as a prisoner for debt for a period of
.................................................... unless he shall be sooner
discharged in due course of law.
The Court has fixed the support and maintenance allowance at the rate of $
................. a day.
Dated the ................. day of ....................... 20 ........
——————
No. 105
Application for order for imprisonment in default of payment
(Order 49B rule 1B)
20 ......, No. ...........
IN THE DISTRICT COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION
NO. ......................... OF 20 ............
Between A.B.
Judgment Creditor
AND
C.D. Judgment Debtor
TAKE NOTICE that the Judgment Creditor will apply to the Court on
......................... day of ........................... 20 .......... for
an order for the imprisonment of the Judgment Debtor on the ground that
the Judgment Debtor has failed to make payment of the sum of $
........................ as ordered by the Court on .................... day
of ........................... 20 ......
Dated the ................. day of ....................... 20 ........
——————
No. 106
Order prohibiting departure from Hong Kong
(Order 44A rule 3)
20 ......, No. ............
IN THE DISTRICT COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION
NO. ......................... OF 20 ............
Between A.B.
Judgment Creditor/Plaintiff/Claimant
AND
C.D. Judgment Debtor/Defendant/Person against whom claim is made
Upon the application of A.B. and upon hearing the solicitor for A.B., and upon
reading the affidavit of .................... filed the .......... day of
...................................................... 20 ........ :
It is ordered that C.D. is prohibited from leaving Hong Kong.
This order shall lapse after the expiry of one month (unless extended or
renewed) and shall have no effect if-
1. C.D. makes payment of the sum of $
.............................................., being the amount claimed by
A.B., [together with the sum of $ ...................................... for
costs of this action] and such costs as may be due for the obtaining and
execution of this order;
2. C.D. makes payment of the sum of $ .......................................
as security or provides bail in that sum by a surety or sureties.
[Delete, amend or substitute conditions in accordance with the order of
the Court.]
Dated the ................. day of ....................... 20 ........
NOTE: C.D. may apply to the Court to discharge this order.
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