Hong Kong Regulations

THE RULES OF THE HIGH COURT - ORDER 25

SUMMONS FOR DIRECTIONS

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 25 of 1998 s. 2 1. Summons for
directions (O. 25, r. 1)

(1) With a view to providing, in every action to which this rule applies, an
occasion for the consideration by the Court of the preparation for the trial
of the action, so that-

   (a)  all matters which must or can be dealt with on interlocutory 
        applications and have not already been dealt with may so far as
        possible be dealt with, and

   (b)  such directions may be given as to the future course of the  action as
        appear best adapted to secure the just, expeditious and economical
        disposal thereof, the plaintiff must, within one month after the
        pleadings in the action are deemed to be closed, take out a summons
        (in these rules referred to as a summons for directions) returnable in
        not less than 14 days.

(2) This rule applies to all actions begun by writ except-

   (a)  actions in which the plaintiff or defendant has applied for judgment
        under Order 14, or in which the plaintiff has applied for judgment
        under Order 86, and directions have been given under the relevant
        Order;

   (b)  actions in which the plaintiff or defendant has applied under Order
        18, rule 21, for trial without pleadings or further pleadings and
        directions have been given under that rule;

   (c)  actions in which an order has been made under Order 24, rule 4, for
        the trial of an issue or question before discovery;

   (d)  actions in which directions have been given under Order 29, rule 7;

   (e)  actions in which an order for the taking of an account has been made
        under Order 43, rule 1;

   (f)  actions in which an application for transfer to the commercial list is
        pending;

   (h)  actions for the infringement of a patent;

   (j)  actions for personal injuries for which automatic directions are
        provided by rule 8; and

   (k)  actions in which the parties agree under rule 9 that the only matters
        to be determined are the mode of trial and time for setting down.

(3) Where, in the case of any action in which discovery of documents is
required to be made by any party under Order 24, rule 2, the period of 14 days
referred to in paragraph (1) of that rule is extended, whether by consent or
by order of the Court or both by consent and by order, paragraph (1) of this
rule shall have effect in relation to that action as if for the reference
therein to one month after the pleadings in the action are deemed to be closed
there were substituted a reference to 14 days after the expiration of the
period referred to in paragraph (1) of the said rule 2 as so extended.

(4) If the plaintiff does not take out a summons for directions in accordance
with the foregoing provisions of this rule, the defendant or any defendant may
do so or apply for an order to dismiss the action.

(5) On an application by a defendant to dismiss the action under paragraph (4)
the Court may either dismiss the action on such terms as may be just or deal
with the application as if it were a summons for directions.

(6) In the case of an action which is proceeding only as respects a
counterclaim, references in this rule to the plaintiff and defendant shall be
construed respectively as references to the party making the counterclaim and
the defendant to the counterclaim.

(7) Notwithstanding anything in paragraph (1), any party to an action to which
this rule applies may take out a summons for directions at any time after the
defendant has given notice of intention to defend, or, if there are two or
more defendants, at least one of them has given such notice.

2. Duty to consider all matters (O. 25, r. 2)

(1) When the summons for directions first comes to be heard, the  Court shall
consider whether-

   (a)  it is possible to deal then with all the matters which, by the
        subsequent rules of this Order, are required to be considered on the
        hearing of the summons for directions, or

   (b)  it is expedient to adjourn the consideration of all or any of those
        matters until a later stage.

(2) If when the summons for directions first comes to be heard the  Court
considers that it is possible to deal then with all the said matters, it shall
deal with them forthwith and shall endeavour to secure that all other matters
which must or can be dealt with on interlocutory  applications and have not
already been dealt with are also then dealt with.

(3) If, when the summons for directions first comes to be heard, the Court
considers that it is expedient to adjourn the consideration of all or any of
the matters which, by the subsequent rules of this Order, are required to be
considered on the hearing of the summons, the Court shall deal forthwith with
such of those matters as it considers can conveniently be dealt with forthwith
and adjourn the consideration of the remaining matters and shall endeavour to
secure that all other matters which must or can be dealt with on
interlocutory applications and have not already been dealt with are dealt with
either then or at a resumed hearing of the summons for directions.

(4) Subject to paragraph (5), and except where the parties agree to the making
of an order under Order 33 as to the place or mode of trial before all the
matters which, by the subsequent rules of this Order, are required to be
considered on the hearing of the summons for directions have been dealt with,
no such order shall be made until all those matters have been dealt with.

(5) If, on the summons for directions, an action is ordered to be transferred
to the District Court or some other court, paragraph (4) shall not apply and
nothing in this Order shall be construed as requiring the  Court to make any
further order on the summons.

(7) If the hearing of the summons for directions is adjourned without a day
being fixed for the resumed hearing thereof, any party may restore it to the
list on 2 days' notice to the other parties.

3. Particular matters for consideration (O. 25, r. 3)

On the hearing of the summons for directions the Court shall in particular
consider, if necessary of its own motion, whether any order should be made or
direction given in the exercise of the powers conferred by any of the
following provisions, that is to say-

   (a)  any provision of Part IV and Part V of the Evidence Ordinance ( Cap 8)
        (hearsay evidence of fact or opinion in civil proceedings) or of Part
        III and Part IV of Order 38;

   (b)  Order 20, rule 5 and Order 38, rules 2 to 7;

   (c)  section 40 of the District Court Ordinance ( Cap 336).

4. Admissions and agreements to be made (O. 25, r. 4)

At the hearing of the summons for directions, the Court shall endeavour to
secure that the parties make all admissions and all agreements as to the
conduct of the proceedings which ought reasonably to be made by them and may
cause the order on the summons to record any admissions or agreements so made,
and (with a view to such special order, if any, as to costs as may be just
being made at the trial) any refusal to make any admission or agreement.

5. Limitation of right of appeal (O. 25, r. 5)

Nothing in rule 4 shall be construed as requiring the Court to endeavour to
secure that the parties shall agree to exclude or limit any right of appeal,
but the order made on the summons for directions may record any such
agreement.

6. Duty to give all information at hearing (O. 25, r. 6)

(1) Subject to paragraph (2), no affidavit shall be used on the hearing of the
summons for directions except by the leave or directions of the Court, but,
subject to paragraph (4), it shall be the duty of the parties to the action
and their advisers to give all such information and produce all such documents
on any hearing of the summons as the Court may reasonably require for the
purposes of enabling it properly to deal with the summons. The Court may, if
it appears proper so to do in the circumstances, authorize any such
information or documents to be given or produced to the  Court without being
disclosed to the other parties but, in the absence of such authority, any
information or document given or produced under this paragraph shall be given
or produced to all the parties present or represented on the hearing of the
summons as well as to the Court.

(2) No leave shall be required by virtue of paragraph (1) for the use of an
affidavit by any party on the hearing of the summons for directions in
connection with any application thereat for any order if, under any of these
rules, an application for such an order is required to be supported by an
affidavit.

(3) If the Court on any hearing of the summons for directions requires a party
to the action or his solicitor or counsel to give any information or produce
any document and that information or document is not given or produced, then,
subject to paragraph (4), the Court may-

   (a)  cause the facts to be recorded in the order with a view to such
        special order, if any, as to costs as may be just being made at the
        trial, or

   (b)  if it appears to the Court to be just so to do, order the whole or any
        part of the pleadings of the party concerned to be struck out, or if
        the party is plaintiff or the claimant under a counterclaim, order
        the  action or counterclaim to be dismissed on such terms as may be
        just.

(4) Notwithstanding anything in the foregoing provisions of this rule, no
information or documents which are privileged from disclosure shall be
required to be given or produced under this rule by or by the advisers of any
party otherwise than with the consent of that party.

7. Duty to make all interlocutory applications on summons for directions (O.
25, r. 7)

(1) Any party to whom the summons for directions is addressed must so far as
practicable apply at the hearing of the summons for any order or directions
which he may desire as to any matter capable of being dealt with on an
interlocutory application in the action and must, not less than 7 days before
the hearing of the summons, serve on the other parties a notice specifying
those orders and directions in so far as they differ from the orders and
directions asked for by the summons.

(2) If the hearing of the summons for directions is adjourned and any party to
the proceedings desires to apply at the resumed hearing for any order or
directions not asked for by the summons or in any notice given under paragraph
(1), he must, not less than 7 days before the resumed hearing of the summons,
serve on the other parties a notice specifying those orders and directions in
so far as they differ from the orders and directions asked for by the summons
or in any such notice as aforesaid.

(3) Any application subsequent to the summons for directions and before
judgment as to any matter capable of being dealt with on an
interlocutory application in the action must be made under the summons by 2
clear days' notice to the other party stating the grounds of the application.

8. Automatic directions in personal injury actions (O. 25, r. 8)

(1) When the pleadings in any action to which this rule applies are deemed to
be closed the following directions shall take effect automatically-

   (a)  there shall be discovery of documents within 14 days in accordance
        with Order 24, rule 2, and inspection within 7 days thereafter, save
        that where liability is admitted, or where the action arises out of a 
        road accident, discovery shall be limited to disclosure by the
        plaintiff of any documents relating to special damages;

   (b)  subject to paragraph (2), where any party intends to place reliance at
        the trial on expert evidence, he shall, within 6 weeks, disclose the
        substance of that evidence to the other parties in the form of a
        written report, which shall be agreed if possible;

   (c)  unless such reports are agreed, the parties shall be at liberty to
        call as expert witnesses those witnesses the substance of whose
        evidence has been disclosed in accordance with the preceding
        sub-paragraph, except that the number of expert witnesses shall be
        limited in any case to two medical experts and one expert of any other
        kind;

   (d)  photographs, a sketch plan and the contents of any police accident
        report shall be receivable in evidence at the trial and shall be
        agreed if possible; (HK)(dd) the record of any proceedings in any
        court or tribunal shall be receivable in evidence upon production of a
        copy thereof certified as a true copy by the clerk or other
        appropriate officer of the  court or tribunal;

   (f)  -(g) (Repealed L.N. 99 of 1993)

(2) Where paragraph (1)(b) applies to more than one party the reports shall be
disclosed by mutual exchange, medical for medical and non-medical for
non-medical, within the time provided or as soon thereafter as the reports on
each side are available.

(3) Nothing in paragraph (1) shall prevent any party to an action to which
this rule applies from applying to the Court for such further or different
directions or orders as may, in the circumstances, be appropriate or prevent
the making of an order for the transfer of the proceedings to a
district court.

(4) For the purpose of this rule-

"a road accident" (道路意外) means an accident on land due to a collision
or apprehended collision involving a vehicle; and

"documents relating to special damages" (關於專項損害賠償的文件)
include-

   (a)  documents relating to any industrial injury, industrial disablement or
        sickness benefit rights, and

   (b)  where the claim is made under the Fatal Accidents Ordinance ( Cap 22),
        documents relating to any claim for dependency on the deceased.

(5) This rule applies to any action for personal injuries except-

   (a)  any Admiralty action; and

   (b)  any action where the pleadings contain an allegation of a negligent
        act or omission in the course of medical treatment.

9. Standard direction by consent (O. 25, r. 9)

(1) (Repealed L.N. 99 of 1993)

(3) The Court may give such further directions or orders, whether on
application by a party or its own motion, as may, in the circumstances, be
appropriate. (Enacted 1988)