Hong Kong Regulations

THE RULES OF THE DISTRICT COURT - ORDER 2

EFFECT OF NON-COMPLIANCE

1. Non-compliance with Rules (O. 2, r. 1)

(1) Where, in beginning or purporting to begin any proceedings or at any stage
in the course of or in connection with any proceedings, there has, by reason
of any thing done or left undone, been a failure to comply with the
requirements of these Rules, whether in respect of time, place, manner, form
or content or in any other respect, the failure shall be treated as an
irregularity and shall not nullify the proceedings, any step taken in the
proceedings, or any document, judgment or order therein.

(2) Subject to paragraph (3), the Court may, on the ground that there has been
such failure as is mentioned in paragraph (1), and on such terms as to costs
or otherwise as it thinks just, set aside either wholly or in part the
proceedings in which the failure occurred, any step taken in those proceedings
or any document, judgment or order therein or exercise its powers under these
Rules to allow such amendments (if any) to be made and to make such order (if
any) dealing with the proceedings generally as it thinks fit.

(3) The Court shall not wholly set aside any proceedings or the writ or other
originating process by which they were begun on the ground that the
proceedings were required by any of these Rules to be begun by an originating
process other than the one employed.

2. Application to set aside for irregularity (O. 2, r. 2)

(1) An application to set aside for irregularity any proceedings, any step
taken in any proceedings or any document, judgment or order therein shall not
be allowed unless it is made within a reasonable time and before the party
applying has taken any fresh step after becoming aware of the irregularity.

(2) An application under this rule may be made by summons and the grounds of
application must be stated in the summons.