Hong Kong Regulations

THE RULES OF THE DISTRICT COURT - ORDER 5

MODE OF BEGINNING CIVIL PROCEEDINGS IN THE COURT

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. Proceedings which must be begun by writ (O. 5, r. 2)

Subject to any provision of any written law, or of these Rules, by virtue of
which any proceedings are expressly required to be begun otherwise than by
writ, the following proceedings must, notwithstanding anything in rule 4, be
begun by writ, that is to say, proceedings-

   (a)  in which a claim is made by the plaintiff for any relief or remedy for
        any tort, other than trespass to land;

   (b)  in which a claim made by the plaintiff is based on an allegation of
        fraud; or

   (c)  in which a claim is made by the plaintiff for damages for breach of
        duty (whether the duty exists by virtue of a contract or of a
        provision made by or under any written law, or independently of any
        contract or of any such provision), where the damages claimed consist
        of or include damages in respect of the death of any person or in
        respect of personal injuries to any person or in respect of damage to
        any property.

3. Proceedings which must be begun by
originating summons (O. 5, r. 3)

Proceedings by which an application is to be made to the Court or a judge
thereof under any written law must be begun by originating summons except
where by these Rules or by or under any written law the application in
question is expressly required or authorized to be made by some other means.
This rule does not apply to an application made in pending proceedings.

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

(1) Except in the case of proceedings which by these Rules or by or under any
written law are required to be begun by writ or by originating  summons,
proceedings may be begun either by writ or by originating summons as the
plaintiff considers appropriate.

(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.