Hong Kong Regulations

THE RULES OF THE HIGH COURT - ORDER 10

SERVICE OF ORIGINATING PROCESS: GENERAL PROVISIONS

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 25 of 1998 s. 2 1. General
provisions (O. 10, r. 1)

(1) A writ must be served personally on each defendant by the plaintiff or his
agent.

(2) A writ for service on a defendant within the jurisdiction may, instead of
being served personally on him, be served-

   (a)  by sending a copy of the writ by registered post to the defendant at
        his usual or last known address, or

   (b)  if there is a letter box for that address, by inserting through the
        letter box a copy of the writ enclosed in a sealed envelope addressed
        to the defendant. (L.N. 404 of 1991)

(3) Where a writ is served in accordance with paragraph (2)-

   (a)  the date of service shall, unless the contrary is shown, be deemed to
        be the seventh day (ignoring Order 3, rule 2(5)) after the date on
        which the copy was sent to, or as the case may be, inserted through
        the letter box for, the address in question;

   (b)  any affidavit proving due service of the writ must contain a statement
        to the effect that-

        (i)    in the opinion of the deponent (or, if the deponent is the
               plaintiff's solicitor or an employee of that solicitor, in the
               opinion of the plaintiff) the copy of the writ, if sent to, or
               as the case may be, inserted through the letter box for, the
               address in question, will have come to the knowledge of the
               defendant within 7 days thereafter; and

        (ii)   in the case of service by post, the copy of the writ has not
               been returned to the plaintiff through the post undelivered to
               the addressee.

(4) Where a defendant's solicitor indorses on the writ a statement that he
accepts service of the writ on behalf of that defendant, the writ shall be
deemed to have been duly served on that defendant and to have been so served
on the date on which the indorsement was made.

(5) Subject to Order 12, rule 7, where a writ is not duly served on a
defendant but he acknowledges service of it, the writ shall be deemed, unless
the contrary is shown, to have been duly served on him and to have been so
served on the date on which he acknowledges service.

(6) Every copy of a writ for service on a defendant shall be sealed with the
seal of the High Court and shall be accompanied by a form of acknowledgment of
service in Form No. 14 in Appendix A in which the title of the action and its
number have been entered. (25 of 1998 s. 2)

(7) This rule shall have effect subject to the provisions of any Ordinance and
these rules and in particular to any enactment which provides for the manner
in which documents may be served on bodies corporate.

2. Service of writ on agent of overseas principal (O. 10, r. 2)

(1) Where the Court is satisfied on an ex parte application that-

   (a)  a contract has been entered into within the jurisdiction with or
        through an agent who is either an individual residing or carrying on
        business within the jurisdiction or a body corporate having a
        registered office or a place of business within the jurisdiction, and

   (b)  the principal for whom the agent was acting was at the time the
        contract was entered into and is at the time of the application
        neither such an individual nor such a body corporate, and

   (c)  at the time of the application either the agent's authority has not
        been determined or he is still in business relations with his
        principal, the Court may authorize service of a writ beginning an
        action relating to the contract to be effected on the agent instead of
        the principal.

(2) An order under this rule authorizing service of a writ on a defendant's
agent must limit a time within which the defendant must acknowledge service.

(3) Where an order is made under this rule authorizing service of a writ on a
defendant's agent, a copy of the order and of the writ must be sent by post to
the defendant at his address out of the jurisdiction.

3. Service of writ in pursuance of contract (O. 10, r. 3)

(1) Where-

   (a)  a contract contains a term to the effect that the Court of First
        Instance shall have jurisdiction to hear and determine any action in
        respect of a contract or, apart from any such term, the Court of First
        Instance has jurisdiction to hear and determine any such action, and
        (25 of 1998 s. 2)

   (b)  the contract provides that, in the event of any action in respect of
        the contract being begun, the process by which it is begun may be
        served on the defendant, or on such other person on his behalf as may
        be specified in the contract, in such manner, or at such place
        (whether within or out of the jurisdiction), as may be so specified,
        then, if an action in respect of the contract is begun in the Court
        and the writ by which it is begun is served in accordance with the
        contract, the writ shall, subject to paragraph (2), be deemed to have
        been duly served on the defendant.

(2) A writ which is served out of the jurisdiction in accordance with a
contract shall not be deemed to have been duly served on the defendant by
virtue of paragraph (1) unless leave to serve the writ out of the jurisdiction
has been granted under Order 11, rule 1(1) or service of the writ is permitted
without leave under Order 11, rule 1(2).

4. Service of writ in certain actions for possession of premises or land (O.
10, r. 4)

(1) Where a writ is indorsed with a claim for the recovery, or delivery of
possession, of premises or land, the Court may-

   (a)  if satisfied on an ex parte application that no person appears to be
        in possession of the premises or land and that service cannot be
        otherwise effected on any defendant, authorize service on that
        defendant to be effected by affixing a copy of the writ to some
        conspicuous part of the premises or land;

   (b)  if satisfied on such an application that no person appears to be in
        possession of the premises or land and that service could not
        otherwise have been effected on any defendant, order that service
        already effected by affixing a copy of the writ to some conspicuous
        part of the premises or land shall be treated as good service on that
        defendant. (HK)(2) Where a writ is indorsed with a claim for the
        recovery, or delivery of possession, of premises or land, in addition
        to, and not in substitution for any other mode of service, a copy of
        the writ shall be posted in a conspicuous place on or at the entrance
        to the premises or land recovery or possession of which is claimed.

5. Service of originating summons, notice of motion, or petition (O. 10, r. 5)

(1) The foregoing rules of this Order shall apply, with any necessary
modifications, in relation to an originating summons (other than ex parte
originating summons or an originating summons under Order 113) as they apply
in relation to a writ, except that an acknowledgment of service of an
originating summons shall be in Form No. 15 in Appendix A.

(2) Rule 1(1), (2), (3) and (4) shall apply, with any necessary modifications,
in relation to a notice of an originating motion and a petition as they apply
in relation to a writ. (Enacted 1988)