Hong Kong Regulations

THE RULES OF THE DISTRICT COURT - ORDER 5

MODE OF BEGINNING CIVIL PROCEEDINGS IN THE COURT

(Past version on 01/09/2000).

1. Mode of beginning civil proceedings (O. 5, r. 1)

Subject to the provisions of any written law and of these Rules, civil
proceedings in the Court may be begun by writ or originating summons.

2-3. (Repealed L.N. 153 of 2008)

4. Proceedings which may be begun by writ or
originating summons (O. 5, r. 4)

(1) Except in the case of proceedings which under any written law are required
or authorized to be begun by a specific form of originating process,
proceedings may be begun either by writ or by originating summons as the
plaintiff considers appropriate. (L.N. 153 of 2008)

(2) Proceedings-

   (a)  in which the sole or principal question at issue is, or is likely to
        be, one of the construction of any written law or of any instrument
        made under any written law or of any deed, will, contract or other
        document, or some other question of law; or

   (b)  in which there is unlikely to be any substantial dispute of fact, are
        appropriate to be begun by originating summons unless the plaintiff
        intends in those proceedings to apply for judgment under Order 14 or
        Order 86 or for any other reason considers the proceedings more
        appropriate to be begun by writ.

5. Proceedings to be begun by motion
or petition (O. 5, r. 5)

Proceedings may be begun by originating motion or petition if, but only if,
under any written law the proceedings in question are required or authorized
to be so begun. (L.N. 153 of 2008)