Hong Kong Regulations

THE RULES OF THE SUPREME COURT - ORDER 23

SECURITY FOR COSTS

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

1. Security for costs of action, etc. (O. 23, r. 1)

(1) Where, on the application of a defendant to an action or other proceeding
in the High Court, it appears to the Court-

   (a)  that the plaintiff is ordinarily resident out of the jurisdiction, or

   (b)  that the plaintiff (not being a plaintiff who is suing in a
        representative capacity) is a nominal plaintiff who is suing for the
        benefit of some other person and that there is reason to believe that
        he will be unable to pay the costs of the defendant if ordered to do
        so, or

   (c)  subject to paragraph (2), that the plaintiff's address is not stated
        in the writ or other originating process or is incorrectly stated
        therein, or

   (d)  that the plaintiff has changed his address during the course of the
        proceedings with a view to evading the consequences of the litigation,
        then if, having regard to all the circumstances of the case, the Court
        thinks it just to do so, it may order the plaintiff to give such
        security for the defendant's costs of the action or other proceeding
        as it thinks just.

(2) The Court shall not require a plaintiff to give security by reason only of
paragraph (1)(c) if he satisfies the Court that the failure to state his
address or the mis-statement thereof was made innocently and without intention
to deceive.

(3) The references in the foregoing paragraphs to a plaintiff and a defendant
shall be construed as references to the person (howsoever described on the
record) who is in the position of plaintiff or defendant, as the case may be,
in the proceeding in question, including a proceeding on a counterclaim.

2. Manner of giving security (O. 23, r. 2)

Where an order is made requiring any party to give security for costs, the
security shall be given in such manner, at such time, and on such terms

(if any) as the Court may direct.

3. Saving for enactments (O. 23, r. 3)

This Order is without prejudice to the provisions of any written law which
empowers the Court to require security to be given for the costs of any
proceedings. (Enacted 1988)