Hong Kong Regulations

THE RULES OF THE HIGH COURT - ORDER 1

CITATION, APPLICATION, INTERPRETATION AND FORMS

Caution: This is a past version. See the current version here.

"an action for personal injuries" (就人身傷害而提出的訴訟)
"personal injuries" (人身傷害) (HK) "bailiff" (執達主任) "cause book"
(訟案登記冊) (HK) "Full Bench" (合議庭) "judgment rate" (判定利率)
"master" (聆案官) (HK) "money lender's action" (放債人訴訟) "notice of
intention to defend" (擬抗辯通知書) "officer" (人員) "originating
summons" (原訴傳票) "pleading" (狀書) "probate action"
(遺囑認證訴訟) "receiver" (接管人) (HK) "Registrar" (司法常務官)
(HK) "Registry" (登記處) (HK) "the Ordinance" (本條例) "vacation"
(休庭期) "writ" (令狀) (HK) "written law" (成文法) "the Court"
(法院、法庭) PRELIMINARY

1. Citation (O. 1, r. 1)

These rules may be cited as the Rules of the High Court.

(25 of 1998 s. 2)

2. Application (O. 1, r. 2)

(1) Subject to the following provisions of this rule, these rules shall have
effect in relation to all proceedings in the High Court.

(2) These rules shall not have effect in relation to proceedings of the kinds
specified in the first column of the following Table (being proceedings in
respect of which rules may be made under the enactments specified in the
second column of that Table)-

TABLE

Proceedings Enactments

1. Bankruptcy proceedings. Bankruptcy Ordinance ( Cap 6), section 113. 2.
Proceeding relating to the winding-up of companies. Companies Ordinance (
Cap 32), section 296. 3. Non-contentious or common form probate proceedings.
Probate and Administration  Ordinance ( Cap 10), section 72. 4. Proceedings in
the Court when acting as a Prize Court. Prize Courts Act 1894, section 3. 5.
(Repealed 81 of 1997 s. 59) 6. Matrimonial proceedings.
Matrimonial Causes Ordinance ( Cap 179), sections 10 and 54. (HK)7. Adoption
proceedings. Adoption Ordinance ( Cap 290), section 12. (HK)8. Proceedings in
respect of domestic violence. Domestic Violence Ordinance ( Cap  189),
section 8.

(3) These rules shall not have effect in relation to any criminal proceedings
other than any criminal proceedings to which Order 53, Order 59, Order 62,
Order 70, Order 115, Order 116, Order 117, Order 118 or Order 119 applies.
(L.N. 282 of 1989; L.N. 403 of 1992; L.N. 156 of 1995; L.N. 242 of 1996; L.N.
222 of 1997)

(4) In the case of the proceedings mentioned in paragraphs (2) and (3),
nothing in those paragraphs shall be taken as affecting any provision of any
rules (whether made under the Ordinance or any other Ordinance) by virtue of
which the Rules of the High Court or any provisions thereof are applied in
relation to any of those proceedings.

(25 of 1998 s. 2)

3. Application of Interpretation and General Clauses Ordinance (O. 1, r. 3)

The Interpretation and General Clauses Ordinance ( Cap 1) shall apply for the
interpretation of these rules as it applies to subsidiary legislation made
after the commencement of that Ordinance.

4. Definitions (O. 1, r. 4)

(1) In these rules, unless the context otherwise requires, the following
expressions have the meanings hereby respectively assigned to them, namely-
"an action for personal injuries" (就人身傷害而提出的訴訟) means an
action in which there is a claim for damages in respect of personal injuries
to the plaintiff or any other person or in respect of a person's death, and
"personal injuries" (人身傷害) includes any disease and any impairment of
a person's physical or mental condition; (HK) "bailiff" (執達主任) means a
bailiff of the Court and any person lawfully authorized to execute the process
of the Court; "cause book" (訟案登記冊) means the book or other record
kept in the Registry in which the letter and number of, and other details
relating to, a cause or matter are entered; (L.N. 275 of 1998) (HK) "Full
Bench" (合議庭) means a Bench consisting of 2 or more Judges of the Court
of First Instance; (25 of 1998 s. 2) "judgment rate" (判定利率) means the
rate of interest determined by the Chief Justice under section 49(1)(b) of the
Ordinance; (18 of 2003 s. 12) "master" (聆案官) means a master of the High
Court and includes the Registrar, and Deputy and Assistant Registrars; (L.N.
99 of 1993; 25 of 1998 s. 2) (HK) "money lender's action" (放債人訴訟)
has the meaning assigned to it by Order 83A; "notice of intention to defend"
(擬抗辯通知書) means an acknowledgment of service containing a statement
to the effect that the person by whom or on whose behalf it is signed intends
to contest the proceedings to which the acknowledgment relates; "officer"
(人員) means an officer of the High Court; (25 of 1998 s. 2) "originating
summons" (原訴傳票) means every summons other than a summons in a pending
cause or matter; "pleading" (狀書) does not include a petition, summons or
preliminary act; "probate action" (遺囑認證訴訟) has the meaning
assigned to it by Order 76; "receiver" (接管人) includes a manager or
consignee; (HK) "Registrar" (司法常務官) means the Registrar of the High
Court; and includes a Deputy Registrar or an Assistant Registrar; (25 of 1998
s. 2) (HK) "Registry" (登記處) means the Registry of the High Court; (25 of
1998 s. 2) (HK) "the Ordinance" (本條例) means the High Court Ordinance (
Cap 4); (25 of 1998 s. 2) "vacation" (休庭期) means the interval between
sittings of the High Court as prescribed by Order 64; (25 of 1998 s. 2) "writ"
(令狀) means a writ of summons; (HK) "written law" (成文法) includes
"imperial enactment" and "Ordinance" and "enactment" as defined in section 3
of the Interpretation and General  Clauses Ordinance ( Cap 1).

(2) In these rules, unless the context otherwise requires, "the Court"
(法院、 法庭) means the Court of First Instance or any one or more of the
judges thereof whether sitting in court or in chambers or the Registrar or any
master but the foregoing provision shall not be taken as affecting any
provision of these rules and, in particular, Order 32, rule 11 by virtue of
which the authority and jurisdiction of the Registrar is defined and
regulated. (25 of 1998 s. 2)

(3) In these rules unless the context otherwise requires, any reference to
acknowledging service of a document or giving notice of intention to  defend
any proceedings is a reference to lodging in the Registry an acknowledgment of
service of that document or, as the case may be, a
notice of intention to defend those proceedings.

5. Construction of references to Orders, rules, etc. (O. 1, r. 5)

(1) Unless the context otherwise requires, any reference in these rules to a
specified Order, rule or Appendix is a reference to that Order or rule of, or
that Appendix to, these rules and any reference to a specified rule, paragraph
or sub-paragraph is a reference to that rule of the Order, that paragraph of
the rule, or that sub-paragraph of the paragraph, in which the reference
occurs.

(2) Any reference in these rules to anything done under a rule of these rules
includes a reference to the same thing done before the commencement of that
rule under any corresponding rule of court ceasing to have effect on the
commencement of that rule.

(3) Except where the context otherwise requires, any reference in these rules
to any written law shall be construed as a reference to that written  law as
amended, extended or applied by or under any other written law.

6. Construction of references to action, etc. for possession of land (O. 1, r.
6)

Except where the context otherwise requires, references in these rules to an
action or claim for the possession of land shall be construed as including
references to proceedings against the Government for an order declaring that
the plaintiff is entitled as against the Government to the land or to the
possession thereof.

(29 of 1998 s. 105)

(HK)7A. Construction of references to Registrar (O. 1, r. 7A)

(HK) Wherever the word "Registrar" appears in these rules and forms there may
be substituted the word "Master" when and where appropriate.

9. Forms (O. 1, r. 9)

(1) The forms in the Appendices shall be used where applicable with such
variations as the circumstances of the particular case require.

10. Rules not to exclude conduct of business by post (O. 1, r. 10)

Nothing in these rules shall prejudice any power to regulate the practice of
the Court by giving directions enabling any business or class of business to
be conducted by post. (Enacted 1988)