Hong Kong Regulations

THE RULES OF THE DISTRICT COURT - ORDER 27

ADMISSIONS

1. Admission of case of other party (O. 27, r. 1)

Without prejudice to Order 18, rule 13, a party to a cause or matter may give
notice, by his pleading or otherwise in writing, that he admits the truth of
the whole or any part of the case of any other party.

2. Notice to admit (O. 27, r. 2)

(1) A party to a cause or matter may, not later than the expiration of the
period fixed by any order or direction made or taking effect under Order 23A,
rule 4, 5 or 9, or otherwise, for applying for a pre-trial  review under Order
34, serve on any other party a notice requiring him to admit, for the purpose
of that cause or matter only, such facts or such part of his case as may be
specified in the notice.

(2) An admission made in compliance with a notice under this rule shall not be
used against the party by whom it was made in any cause or matter other than
the cause or matter for the purpose of which it was made or in favour of any
person other than the person by whom the notice was given, and the Court may
at any time allow a party to amend or withdraw an admission so made by him on
such terms as may be just.

3. Judgment on admissions (O. 27, r. 3)

(1) Where admissions of fact or of part of a case are made by a party to a
cause or matter either by his pleadings or otherwise, any other party to the
cause or matter may apply to the Court for such judgment or order as upon
those admissions he may be entitled to, without waiting for the determination
of any other question between the parties, and the Court may give such
judgment, or make such order, on the application as it thinks just.

(2) An application for an order under this rule may be made by summons.

4. Admission and production of documents specified
in list of documents (O. 27, r. 4)

(1) Subject to paragraph (2) and without prejudice to the right of a party to
object to the admission in evidence of any document, a party on whom a
list of documents is served in pursuance of any order or direction made or
taking effect under Order 23A or 24 shall, unless the Court otherwise orders,
be deemed to admit-

   (a)  that any document described in the list as an original document is
        such a document and was printed, written, signed or executed as it
        purports respectively to have been; and

   (b)  that any document described therein as a copy is a true copy. This
        paragraph does not apply to a document the authenticity of which the
        party has denied in his pleading.

(2) If before the expiration of 21 days after inspection of the documents
specified in a list of documents or after the time limited for inspection of
those documents expires, whichever is the later, the party on whom the list is
served serves on the party whose list it is a notice stating, in relation to
any document specified therein, that he does not admit the authenticity of
that document and requires it to be proved at the trial, he shall not be
deemed to make any admission in relation to that document under paragraph (1).

(3) A party to a cause or matter by whom a list of documents is served on any
other party in pursuance of any order or direction made or taking effect under
Order 23A or 24 shall be deemed to have been served by that other party with a
notice requiring him to produce at the trial of the cause or matter such of
the documents specified in the list as are in his possession, custody or
power.

(4) The foregoing provisions of this rule apply in relation to an affidavit
made in compliance with an order under Order 24, rule 7, as they apply in
relation to a list of documents served in pursuance of any order or direction
made or taking effect under Order 23A or 24.

5. Notices to admit or produce documents (O. 27, r. 5)

(1) Except where rule 4(1) applies, a party to a cause or matter may, not
later than the expiration of the period fixed by any order or direction made
or taking effect under Order 23A, rule 4, 5 or 9, or otherwise, for applying a
pre-trial review under Order 34, serve on any other party a notice requiring
him to admit the authenticity of the documents specified in the notice.

(2) If a party on whom a notice under paragraph (1) is served desires to
challenge the authenticity of any document therein specified he must, within
14 days after service of the notice, serve on the party by whom it was given a
notice stating that he does not admit the authenticity of the document and
requires it to be proved at the trial.

(3) A party who fails to give a notice of non-admission in accordance with
paragraph (2) in relation to any document shall be deemed to have admitted the
authenticity of that document unless the Court otherwise orders.

(4) Except where rule 4(3) applies, a party to a cause or matter may serve on
any other party a notice requiring him to produce the documents specified in
the notice at the trial of the cause or matter.