Hong Kong Regulations

THE RULES OF THE DISTRICT COURT - ORDER 1

CITATION, ETC., APPLICATION, INTERPRETATION AND FORMS

Caution: This is a past version. See the current version here.

PRELIMINARY

1. Citation (O. 1, r. 1)

(1) These Rules may be cited as the Rules of the District Court.

(2)-(3) (Omitted as spent)

2. Application (O. 1, r. 2)

(1) Subject to this rule, these Rules shall have effect in relation to all
proceedings in the Court.

(2) These Rules shall not have effect in relation to proceedings of the kinds
specified in column 1 of the following Table (being proceedings in respect of
which rules may be made under the enactments specified in column 2 of that
Table).

TABLE

Proceedings Enactments

1. (Repealed L.N. 221 of 2001) 2. Adoption proceedings. Adoption Ordinance (
Cap 290), section 12. 3. Proceedings in respect of domestic violence.
Domestic Violence Ordinance ( Cap  189), section 8. 4. (Repealed L.N. 221 of
2001) 5. Proceedings under the Business Registration Ordinance ( Cap 310).
Business  Registration Ordinance ( Cap 310), section 17.

(2A) These Rules shall not have effect in relation to-

   (a)  proceedings under Part III of the Landlord and Tenant (Consolidation) 
        Ordinance ( Cap 7);

   (b)  matrimonial proceedings (except for an appeal against any judgment,
        order or determination of a judge to which Order 58 shall apply);

   (c)  proceedings-

        (i)    for the recovery of employees' compensation; and

        (ii)   in respect of which rules are made under section 50 of the
               Employees'  Compensation Ordinance ( Cap 282). (L.N. 221 of
               2001)

(3) These Rules shall not have effect in relation to any criminal proceedings
other than any criminal proceedings to which Order 62 applies.

(4) In the case of the proceedings mentioned in paragraphs (2), (2A) and

(3), nothing in those paragraphs shall be taken as affecting any provision of
any rules (whether made under the Ordinance or any other Ordinance) by virtue
of which the Rules of the District Court or any provision thereof is applied
in relation to any of those proceedings.

3. Application of Interpretation and General Clauses
Ordinance (O. 1, r. 3)

The Interpretation and General Clauses Ordinance ( Cap 1) shall apply to the
interpretation of these Rules as it applies to subsidiary legislation made
after the commencement of that Ordinance.

4. Definitions (O. 1, r. 4)

(1) In these Rules, unless the context otherwise requires, the following
expressions have the meanings hereby respectively assigned to them, namely-
"bailiff" (執達主任) means a bailiff of the High Court and any person
lawfully authorized to execute the process of the Court; "cause book"
(訟案登記冊) means the book or any computer record kept in the Registry
in which the letter and number of, and other details relating to, a cause or
matter are entered; "master" (聆案官) means a master of the Court and
includes the Registrar, and deputy and assistant registrars; "money lender's
action" (放債人訴訟) has the meaning assigned to it by Order 83A; "notice
of intention to defend" (擬抗辯通知書) means an acknowledgment of
service containing a statement to the effect that the person by whom or on
whose behalf it is signed intends to contest the proceedings to which the
acknowledgment relates; "officer" (人員) means an officer of the Court; "the
Ordinance" (本條例) means the District Court Ordinance ( Cap 336);
"originating summons" (原訴傳票) means every summons other than a summons
in a pending cause or matter; "pleading" (狀書) does not include a summons
or preliminary act; "receiver" (接管人) includes a manager and consignee;
"Registrar" (司法常務官) means the Registrar of the Court; and includes a
deputy registrar or an assistant registrar; "Registry" (登記處) means the
Registry of the Court; "writ" (令狀) means a writ of summons; "written law"
(成文法) includes "Ordinance" and "enactment" as defined in section 3 of
the Interpretation and General Clauses Ordinance ( Cap 1).

(2) In these Rules, unless the context otherwise requires, "the Court"
(區域法 院) means the District Court or any judge thereof whether sitting
in court or in chambers or the Registrar or any master but the foregoing
provision shall not be taken as affecting any provision of these Rules and, in
particular, Order 32, rule 16 by virtue of which the authority and
jurisdiction of the Registrar is defined and regulated.

(3) In these Rules, unless the context otherwise requires, any reference to
acknowledging service of a document or giving notice of intention to  defend
any proceedings is a reference to lodging in the Registry an acknowledgment of
service of that document or, as the case may be, a
notice of intention to defend those proceedings.

(4) For the purposes of the definition "cause book", the book kept in the
Registry may be in written form or in such other form or medium which can be
reproduced in written form.

5. Construction of references to Orders,
rules, etc. (O. 1, r. 5)

(1) Unless the context otherwise requires, any reference in these Rules to a
specified Order, rule or Appendix is a reference to that Order or rule of, or
that Appendix to, these Rules and any reference to a specified rule, paragraph
or subparagraph is a reference to that rule of the Order, that paragraph of
the rule or that subparagraph of the paragraph in which the reference occurs.

(2) Any reference in these Rules to anything done under a rule of these Rules
includes a reference to the same thing done under a rule of these Rules before
the commencement of that rule under any corresponding rule of court ceasing to
have effect on the commencement of that rule.

(3) Except where the context otherwise requires, any reference in these Rules
to any written law shall be construed as a reference to that written  law as
amended, extended or applied by or under any other written law.

6. Construction of references to action, etc.,
for possession of land (O. 1, r. 6)

Except where the context otherwise requires, references in these Rules to an
action or claim for the possession of land shall be construed as including
references to proceedings against the Government for an order declaring that
the plaintiff is entitled as against the Government to the land or to the
possession thereof.

9. Forms (O. 1, r. 9)

The forms in the Appendices shall be used where applicable with such
variations as the circumstances of the particular case require.

10. Rules not to exclude conduct of
business by post (O. 1, r. 10)

Nothing in these Rules shall prejudice any power to regulate the practice of
the Court by giving directions enabling any business or class of business to
be conducted by post. "bailiff" (執達主任) "cause book" (訟案登記冊)
"master" (聆案官) "money lender's action" (放債人訴訟) "notice of
intention to defend" (擬抗辯通知書) "officer" (人員) "the Ordinance"
(本條例) "originating summons" (原訴傳票) "pleading" (狀書)
"receiver" (接管人) "Registrar" (司法常務官) "Registry" (登記處)
"writ" (令狀) "written law" (成文法) "the Court" (區域法院)