Hong Kong Regulations

THE RULES OF THE DISTRICT COURT - ORDER 26

INTERROGATORIES

1. Discovery by interrogatories (O. 26, r. 1)

(1) A party to any cause or matter may apply to the Court for an order-

   (a)  giving him leave to serve on any other party interrogatories relating
        to any matter in question between the applicant and that other party
        in the cause or matter; and

   (b)  requiring that other party to answer the interrogatories on affidavit
        within such period as may be specified in the order.

(2) An application under this rule shall be made by summons or by notice under
Order 23A, rule 8(2) and a copy of the proposed interrogatories shall be
served with the summons or notice.

(2A) On the hearing of an application under this rule, the Court shall give
leave as to such only of the interrogatories as it considers necessary either
for disposing fairly of the cause or matter or for savings costs; and in
deciding whether to give leave the Court shall take into account any offer
made by the party to be interrogated or to give particulars, make admissions
or produce documents relating to any matter in question.

(3) A proposed interrogatory which does not relate to such a matter as is
mentioned in paragraph (1) shall be disallowed notwithstanding that it might
be admissible in oral cross-examination of a witness.

2. Interrogatories where party is a body
of persons (O. 26, r. 2)

Where a party to a cause or matter is a body of persons, whether corporate or
unincorporate, being a body which is empowered by law to sue or be sued
whether in its own name or in the name of an officer or other person, the 
Court may, on the application of any other party, make an order allowing him
to serve interrogatories on such officer or member of the body as may be
specified in the order.

3A. Statement as to party, etc., required
to answer (O. 26, r. 3A)

Where interrogatories are to be served on 2 or more parties or are required to
be answered by an agent or servant of a party, a note at the end of the
interrogatories shall state which of the interrogatories each party or, as the
case may be, an agent or servant is required to answer, and which agent or
servant.

5. Objections and insufficient answers (O. 26, r. 5)

(1) Where a person objects to answering any interrogatory on the ground of
privilege he may take the objection in his answer.

(2) Where any person on whom ordered interrogatories have been served answers
any of them insufficiently, the Court may make an order requiring him to make
a further answer, either by affidavit or on oral examination as the Court may
direct.

6. Failure to comply with order (O. 26, r. 6)

(1) If a party against whom an order is made under rule 1 or 5(2) fails to
comply with it, 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 a party against whom an order is made under rule 1 or 5(2) 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 to answer interrogatories made
against the 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 an order to answer interrogatories made against his
client is served and who fails without reasonable excuse to give notice
thereof to his client shall be liable to committal.

7. Use of answers to interrogatories at trial (O. 26, r. 7)

A party may put in evidence at the trial of a cause or matter, or of any issue
therein, some only of the answers to interrogatories, or part only of such an
answer, without putting in evidence the other answers or, as the case may be,
the whole of that answer, but the Court may look at the whole of the answers
and if of opinion that any other answer or other part of an answer is so
connected with an answer or part thereof used in evidence that the one ought
not to be so used without the other, the Court may direct that that other
answer or part shall be put in evidence.

8. Revocation and variation of orders (O. 26, r. 8)

Any order made under this Order (including an order made on appeal) may, on
sufficient cause being shown, be revoked or varied by a subsequent order or
direction of the Court made or given at or before the trial of the cause or
matter in connection with which the original order was made.