Hong Kong Regulations

THE RULES OF THE DISTRICT COURT - APPENDIX D

FORMS

(Past version on 01/09/2000).

20 ......., No. ..............

No. 1

PRAECIPE FOR ISSUE OF JUDGMENT SUMMONS

(Order 90A rule 2)

IN THE DISTRICT COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION

NO. ......................... OF 20 ............

{Matter {Judgment summons

Between A.B.
Applicant
AND

C.D. Respondent

Judgment creditor's full name and address
...........................................................................
......

Judgment debtor's full name and address
...........................................................................
........

I apply for the issue of a judgment summons against the above-named
judgment debtor in respect of an order made in this Court [or as the case may
be] on the ................. day of ........... 20 ..........., for [state
nature of order].

[If it be the case I intend to apply to the Court at the hearing of the
proposed judgment summons for leave to enforce arrears which became due more
than twelve months before the date of the proposed summons].

I am aware that, if I do not prove to the satisfaction of the Court at the
hearing that the judgment debtor has, or has had since the date of the said
order, the means to pay the sum in respect of which he has made default and
that he has refused or neglected, or refuses or neglects, to pay it, I may
have to pay the costs of the summons.

[Add, except where judgment summons is to issue in the District Court in which
order was made: I certify that the said order has not been modified or
discharged and that there is no order of commitment in this matter which
remains unsatisfied.

I further certify that no writ of fieri facias has been issued to enforce the
said order [or, if a writ of fieri facias has been issued, give details and
state what return to it has been made]].

Dated this .................. day of ........................ 20 ........

[Solicitor for the] Judgment Creditor

Amount due and unpaid in respect of the order and costs
........................ $ Interest payable in respect of the arrears of
maintenance, at the judgment  rate calculated from the date on which
maintenance payment is due to the date of payment
........................................................................... .

$ Surcharge payable in respect of the arrears of maintenance at a rate to be
decided by the Court
.......................................................................
$ Costs of this summons
......................................................................... $
Travelling expenses to be paid to the judgment debtor
............................. $
$

(18 of 2005 s. 27)

No. 2

JUDGMENT SUMMONS

(Order 90A rule 2)

[Heading as in No. 1]

WHEREAS the above-named
...........................................................................
............... (hereinafter called "judgment creditor") obtained an order in
this Court (or as the case may be) on the ............................... day
of ................. 20 ........,
against .................................. (hereinafter called "judgment
debtor") for [state nature of order].

AND WHEREAS default has been made in respect of the sum of $
........................ payable under the said order and the judgment
creditor has required this judgment summons to be issued against you, the said
judgment debtor.

YOU ARE HEREBY SUMMONED to appear personally before His/Her Honour Judge
....................... sitting on the ................ day of
........................... 20 ........, at ............. o'clock, in the
........... noon, at ................................. Court situate at
..........................., to be examined on oath touching the means you
have, or have had since the date of the said order, to pay the said sum in
payment of which you have made default and also to show cause why you should
not be committed to prison for such default.

[AND TAKE NOTICE that the judgment creditor intends to apply to the Court at
the hearing of this judgment summons for leave to enforce arrears which became
due more than twelve months before the date of this summons].

Dated this .................. day of ........................ 20 ........

Amount due and unpaid in respect of the order and costs ......................
$ Interest payable in respect of the arrears of maintenance, at the judgment 
rate calculated from the date on which maintenance payment is due to the date
of payment
...........................................................................
......

$ Surcharge payable in respect of the arrears of maintenance at a rate to be
decided by the Court
...........................................................................
$ Costs of this summons
........................................................................ $
Travelling expenses to be paid to the judgment debtor
............................ $

Sum on payment of which this summons will be discharged ....................
$

Note: If payment is made too late to prevent the judgment creditor's
attendance on the day of hearing, you may be liable for further costs.

[The judgment creditor's solicitor is .....................]

(18 of 2005 s. 27)

20 ......., No. ..............

No. 3

APPLICATION FOR A DECLARATION THAT A CUSTOMARY/ VALIDATED MARRIAGE SUBSISTS

(Marriage Reform Ordinance, Cap 178, section 9)

[Heading as in action]

SHEWETH:

1. That ........................., a .........................

        (hereinafter called the "Applicant") was on the 
.................................... day of
.................................... married to
...................................., a ....................................,
at ....................................

2. The said marriage was a customary marriage/a validated marriage.

3. The following persons were witnesses to the marriage-

        (i)   

        (ii)  

        (iii) 

        (iv)  

        (v)   

4. There are the following children of the marriage-

        (i)   

        (ii)  

        (iii) 

        (iv)  

        (v)   

        (vi)  

5. That the Applicant's present address and occupation are-

6. That the Respondent's present address and occupation are-

7. PARTICULARS

[Here set out full particulars of the marriage and give a list of any
documents in support of the application].

8. And your Applicant prays that a declaration be made that a
customary/validated marriage subsists between the parties.

Dated this .................. day of ........................ 20 ........

.................................................................. Applicant