Hong Kong Regulations

THE RULES OF THE DISTRICT COURT - ORDER 24

DISCOVERY AND INSPECTION OF DOCUMENTS

3. Order for discovery (O. 24, r. 3)

(1) Subject to paragraph (3) and rules 4 and 8, the Court may order any party
to a cause or matter (whether begun by writ or originating  summons) to make
and serve on any other party a list of the documents which are or have been in
his possession, custody or power relating to any matter in question in the
cause or matter, and may at the same time or subsequently also order him to
make and file an affidavit verifying such a list and to serve a copy thereof
on the other party.

(3) An order under this rule may be limited to such documents or classes of
document only, or to such only of the matters in question in the cause or
matter, as may be specified in the order.

(4) A direction for discovery taking effect under Order 23A, rule 4 or 5,
shall be deemed to be an order under this rule.

4. Order for determination of issue, etc.,
before discovery (O. 24, r. 4)

(1) Where on an application for an order under rule 3 it appears to the Court
that any issue or question in the cause or matter should be determined before
any discovery of documents is made by the parties, the  Court may order that
that issue or question be determined first.

(2) Where in an action begun by writ an order is made under this rule for the
determination of an issue or question, Order 23A, rules 9 to 12 and 14, shall
apply as if the Court were conducting a directions  hearing under that Order.

5. Form of list and affidavit (O. 24, r. 5)

(1) A list of documents must be in Form No. 26 in Appendix A, and must
enumerate the documents in a convenient order and as shortly as possible but
describing each of them or, in the case of bundles of documents of the same
nature, each bundle, sufficiently to enable it to be identified.

(2) If it is claimed that any documents are privileged from production, the
claim must be made in the list of documents with a sufficient statement of the
grounds of the privilege.

(3) An affidavit made as aforesaid verifying a list of documents must be in
Form No. 27 in Appendix A.

6. Defendant entitled to copy of co-defendant's list
(O. 24, r. 6)

(1) A defendant who has pleaded in an action shall be entitled to have a copy
of any list of documents served on the plaintiff by any other defendant to the
action; and a plaintiff against whom a counterclaim is made in an action begun
by writ shall be entitled to have a copy of any list of documents served under
any of those rules on the party making the counterclaim by any other defendant
to the counterclaim.

(2) A party required by virtue of paragraph (1) to supply a copy of a
list of documents must supply it free of charge on a request made by the party
entitled to it.

(3) Where in proceedings begun by originating summons the Court makes an order
under rule 3 requiring a defendant to the action to serve a list of documents
on the plaintiff, it may also order him to supply any other defendant to the
action with a copy of that list.

(4) In this rule "list of documents" (文件清單) includes an affidavit
verifying a list of documents.

7. Order for discovery of particular documents
(O. 24, r. 7)

(1) Subject to rule 8, the Court may at any time, on the application of any
party to a cause or matter, make an order requiring any other party to make an
affidavit stating whether any document specified or described in the
application or any class of document so specified or described is, or has at
any time been, in his possession, custody or power, and, if not then in his
possession, custody or power, when he parted with it and what has become of
it.

(2) An order may be made against a party under this rule notwithstanding that
he may already have made or been required to make a list of documents or
affidavit under rule 3.

(3) An application for an order under this rule must be supported by an
affidavit stating the belief of the deponent that the party from whom
discovery is sought under this rule has, or at some time had in his
possession, custody or power the document, or class of document, specified or
described in the application and that it relates to one or more of the matters
in question in the cause or matter.

7A. Application under section 47A or 47B(1) of
the Ordinance (O. 24 r. 7A)

(1) An application for an order under section 47A of the Ordinance for the
disclosure of documents before the commencement of proceedings shall be made
by originating summons (in Form No. 10 in Appendix A) and the person against
whom the order is sought shall be made defendant to the summons.

(2) An application after the commencement of proceedings for an order under
section 47B(1) of the Ordinance for the disclosure of documents by a person
who is not a party to the proceedings shall be made by summons, which must be
served on that person personally and on every party to the proceedings other
than the applicant.

(3) A summons under paragraph (1) or (2) shall be supported by an affidavit
which must-

   (a)  in the case of a summons under paragraph (1), state the grounds on
        which it is alleged that the applicant and the person against whom the
        order is sought are likely to be parties to subsequent proceedings in
        the  Court in which a claim for personal injuries is likely to be
        made;

   (b)  in any case, specify or describe the documents in respect of which the
        order is sought and show, if practicable by reference to any pleading
        served or intended to be served in the proceedings, that the documents
        are relevant to an issue arising or likely to arise out of a 
        claim for personal injuries made or likely to be made in the
        proceedings and that the person against whom the order is sought is
        likely to have or have had them in his possession, custody or power.

(4) A copy of the supporting affidavit shall be served with the summons on
every person on whom the summons is required to be served.

(5) An order under section 47A or 47B(1) of the Ordinance for the disclosure
of documents may be made conditional on the applicant's giving security for
the costs of the person against whom it is made or on such other terms, if
any, as the Court thinks just, and shall require the person against whom the
order is made to make an affidavit stating whether any documents specified or
described in the order are, or at any time have been, in his possession,
custody or power and, if not then in his possession, custody or power, when he
parted with them and what has become of them.

(6) No person shall be compelled by virtue of such an order to produce any
documents which he could not be compelled to produce-

   (a)  in the case of a summons under paragraph (1), if the subsequent
        proceedings had already been begun; or

   (b)  in the case of a summons under paragraph (2), if he had been served
        with a writ of subpoena duces tecum to produce the documents at the
        trial.

(7) In this rule, "a claim for personal injuries"
(就人身傷害提出申索) means a claim for personal injuries or arising
out of the death of a person. (L.N. 217 of 2000)

(8) For the purposes of rules 10 and 11 an application for an order under
section 47A or 47B(1) of the Ordinance shall be treated as a cause or matter
between the applicant and the person against whom the order is sought.

8. Discovery to be ordered only if necessary (O. 24, r. 8)

On the hearing of an application for an order under rule 3, 7 or 7A, the 
Court, if satisfied that discovery is not necessary, or not necessary at that
stage of the cause or matter, may dismiss or, as the case may be, adjourn the
application and shall in any case refuse to make such an order if and so far
as it is of opinion that discovery is not necessary either for disposing
fairly of the cause or matter or for saving costs.

9. Inspection of documents referred to
in list (O. 24, r. 9)

A party who has served a list of documents on any other party must allow the
other party to inspect the documents referred to in the list (other than any
which he objects to produce) and to take copies thereof and, accordingly, he
must, when he serves the list on the other party, also serve on him a notice
stating a time within 7 days after the service thereof at which the said
documents may be inspected at a place specified in the notice.

10. Inspection of documents referred to in pleadings
and affidavits (O. 24, r. 10)

(1) Any party to a cause or matter shall be entitled at any time to serve a
notice on any other party in whose pleadings, affidavits, or witness
statements served under Order 38, rule 2A, or experts' reports, reference is
made to any document requiring him to produce that document for the inspection
of the party giving the notice and to permit him to take copies thereof.

(2) The party on whom a notice is served under paragraph (1) must, within 4
days after service of the notice, serve on the party giving the notice a
notice stating a time within 7 days after the service thereof at which the
documents, or such of them as he does not object to produce, may be inspected
at a place specified in the notice, and stating which (if any) of the
documents he objects to produce and on what grounds.

11. Order for production for inspection (O. 24, r. 11)

(1) If a party who is required by rule 9 to serve such a notice as is therein
mentioned or who is served with a notice under rule 10(1)-

   (a)  fails to serve a notice under rule 9 or, as the case may be, rule
        10(2); or

   (b)  objects to produce any document for inspection; or

   (c)  offers inspection at a time or place such that, in the opinion of
        the Court, it is unreasonable to offer inspection then or, as the case
        may be, there, then, subject to rule 13(1), the Court may, on the
        application of the party entitled to inspection, make an order for
        production of the documents in question for inspection at such time
        and place, and in such manner, as it thinks fit.

(2) Without prejudice to paragraph (1), but subject to rule 13(1), the Court
may, on the application of any party to a cause or matter, order any other
party to permit the party applying to inspect any documents in the possession,
custody or power of that other party relating to any matter in question in the
cause or matter.

(3) An application for an order under paragraph (2) must be supported by an
affidavit specifying or describing the documents of which inspection is sought
and stating the belief of the deponent that they are in the possession,
custody or power of the other party and that they relate to a matter in
question in the cause or matter.

11A. Provision of copies of documents (O. 24, r. 11A)

(1) Any party who is entitled to inspect any documents under any provision of
this Order or any order made thereunder may, at or before the time when
inspection takes place, serve on the party who is required to produce such
documents for inspection a notice (which shall contain an undertaking to pay
the reasonable charges) requiring him to supply a true copy of any such
document as is capable of being copied by photographic or similar process.

(2) The party on whom such a notice is served must, within 7 days after
receipt thereof, supply the copy requested together with an account of the
reasonable charges.

(3) Where a party fails to supply to another party a copy of any document
under paragraph (2), the Court may, on the application of either party, make
such order as to the supply of that document as it thinks fit.

12. Order for production to Court (O. 24, r. 12)

At any stage of the proceedings in any cause or matter the Court may, subject
to rule 13(1), order any party to produce to the Court any document in his
possession, custody or power relating to any matter in question in the cause
or matter and the Court may deal with the document when produced in such
manner as it thinks fit.

13. Production to be ordered only if necessary, etc.
(O. 24, r. 13)

(1) No order for the production of any documents for inspection or to
the Court or for the supply of a copy of any document shall be made under any
of the foregoing rules unless the Court is of opinion that the order is
necessary either for disposing fairly of the cause or matter or for saving
costs.

(2) Where, on an application under this Order for production of any document
for inspection or to the Court or for the supply of a copy of any document,
privilege from such production or supply is claimed or objection is made to
such production or supply on any other ground, the Court may inspect the
document for the purpose of deciding whether the claim or objection is valid.

14. Production of business books (O. 24, r. 14)

(1) Where production of any business books for inspection is applied for under
any of the foregoing rules, the Court may, instead of ordering production of
the original books for inspection, order a copy or any entries therein to be
supplied and verified by an affidavit of some person who has examined the copy
with the original books.

(2) Any such affidavit shall state whether or not there are in the original
book any and what erasures, interlineations or alterations.

(3) Notwithstanding that a copy of any entries in any book has been supplied
under this rule, the Court may order production of the book from which the
copy was made.

14A. Use of documents (O. 24, r. 14A)

Any undertaking, whether express or implied, not to use a document for any
purposes other than those of the proceedings in which it is disclosed shall
cease to apply to such document after it has been read to or by the  Court or
referred to in open court, unless the Court for special reasons has otherwise
ordered on the application of a party or of the person to whom the document
belongs.

15. Document disclosure of which would be injurious
to public interest: saving (O. 24, r. 15)

The foregoing provisions of this Order shall be without prejudice to any rule
of law which authorizes or requires the withholding of any document on the
ground that the disclosure of it would be injurious to the public interest.

16. Failure to comply with requirement for
discovery, etc. (O. 24, r. 16)

(1) If any party who is required by any order or direction to make discovery
of documents or to produce any documents for the purpose of inspection or any
other purpose or to supply copies thereof fails to comply with that order or
direction, the Court may make such order as it thinks just including, in
particular, an order that the action be dismissed or, as the case may be, an
order that the defence be struck out and judgment be entered accordingly.

(2) If any party against whom an order for discovery or production of
documents is made fails to comply with it, then, without prejudice to
paragraph (1), he shall be liable to committal.

(3) Service on a party's solicitor of an order for discovery or production of
documents made against that party shall be sufficient service to found an
application for committal of the party disobeying the order, but the party may
show in answer to the application that he had no notice or knowledge of the
order.

(4) A solicitor on whom such an order made against his client is served and
who fails without reasonable excuse to give notice thereof to his client shall
be liable to committal.