Hong Kong Regulations

THE RULES OF THE HIGH COURT - ORDER 26

INTERROGATORIES

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 25 of 1998 s. 2 1. Discovery by
interrogatories (O. 26, r. 1)

(1) A party to any cause or matter may in accordance with the following
provisions of this Order serve on any other party interrogatories relating to
any matter in question between the applicant and that other party in the cause
or matter which are necessary either-

   (a)  for disposing fairly of the cause or matter; or

   (b)  for saving costs.

(2) Without prejudice to the provisions of paragraph (1), a party may apply to
the Court for an order giving him leave to serve on any other party
interrogatories relating to any matter in question between the applicant and
that other party in the cause or matter.

(3) A proposed interrogatory which does not relate to such a matter as is
mentioned in paragraph (1) may not be administered notwithstanding that it
might be admissible in oral cross-examination of a witness.

(4) In this Order-

"interrogatories without order" (在無命令下發出的質詢書) means
interrogatories served under paragraph (1);

"ordered interrogatories" (根據命令發出的質詢書) means
interrogatories served under paragraph (2) or interrogatories which are
required to be answered pursuant to an order made on an application under rule
3(2) and, where such an order is made, the interrogatories shall not, unless
the Court orders otherwise, be treated as interrogatories without order for
the purposes of rule 3(1).

(5) Unless the context otherwise requires, the provisions of this Order apply
to both interrogatories without order and ordered  interrogatories. (L.N. 404
of 1991)

2. Form and nature of interrogatories (O. 26, r. 2)

(1) Where interrogatories are served, a note at the end of the interrogatories
shall specify-

   (a)  a period of time (not being less than 28 days from the date of
        service) within which the interrogatories are to be answered;

   (b)  where the party to be interrogated is a body corporate or
        unincorporate which is empowered by law to sue or be sued whether in
        its own name or in the name of an officer or other person, the officer
        or member on whom the interrogatories are to be served; and

   (c)  where the interrogatories are to be served on two or more parties or
        are required to be answered by an agent or servant of a party, which
        of the interrogatories each party or, as the case may be, an agent or
        servant is required to answer, and which agent or servant.

(2) Subject to rule 5(1), a party on whom interrogatories are served shall,
unless the Court orders otherwise on an application under rule 3(2), be
required to give within the period specified under paragraph

(1)(a) answers, which shall (unless the Court directs otherwise) be on
affidavit. (L.N. 404 of 1991)

3. Interrogatories without order (O. 26, r. 3)

(1) Interrogatories without order may be served on a party not more than
twice.

(2) A party on whom interrogatories without order are served may, within 14
days of the service of the interrogatories, apply to the Court for the
interrogatories to be varied or withdrawn and, on any such application,
the Court may make such order as it thinks fit (including an order that the
party who served the interrogatories shall not serve further
interrogatories without order).

(3) Interrogatories without order shall not be served on the Crown. (L.N. 404
of 1991)

4. Ordered interrogatories (O. 26, r. 4)

(1) Where an application is made for leave to serve interrogatories, a copy of
the proposed interrogatories shall be served with the summons or the notice
under Order 25, rule 7, by which the application is made.

(2) In deciding whether to give leave to serve interrogatories, the  Court
shall take into account any offer made by the party to be interrogated to give
particulars, make admissions or produce documents relating to any matter in
question and whether or not interrogatories  without order have been
administered. (L.N. 404 of 1991)

5. Objections and insufficient answers (O. 26, r. 5)

(1) Without prejudice to rule 3(2), where a person objects to answering any
interrogatory on the ground of privilege he may take the objection in his
answer.

(2) Where any person on whom ordered interrogatories have been served answers
any of them insufficiently, the Court may make an order requiring him to make
a further answer, either by affidavit or on oral examination as the Court may
direct.

(3) Where any person on whom interrogatories without order have been served
answers any of them insufficiently, the party serving the interrogatories may
ask for further and better particulars of the answer given and any such
request shall not be treated as service of further interrogatories for the
purposes of rule 3(1). (L.N. 404 of 1991)

6. Failure to comply with order (O. 26, r. 6)

(1) If a party fails to answer interrogatories or to comply with an order made
under rule 5(2) or a request made under rule 5(3), the Court may make such
order as it thinks just including, in particular, an order that the action be
dismissed or, as the case may be, an order that the defence be struck out and
judgment be entered accordingly.

(2) Without prejudice to paragraph (1), where a party fails to answer
ordered interrogatories or to comply with an order made under rule 5(2), he
shall be liable to committal.

(3) Service on a party's solicitor of an order to answer interrogatories made
against the party shall be sufficient service to found an application for
committal of the party disobeying the order, but the party may show in answer
to the application that he had no notice or knowledge of the order.

(4) A solicitor on whom an order to answer interrogatories made against his
client is served and who fails without reasonable excuse to give notice
thereof to his client shall be liable to committal. (L.N. 404 of 1991)

7. Use of answers to interrogatories at trial (O. 26, r. 7)

A party may put in evidence at the trial of a cause or matter, or of any issue
therein, some only of the answers to interrogatories, or part only of such an
answer, without putting in evidence the other answers or, as the case may be,
the whole of that answer, but the Court may look at the whole of the answers
and if of opinion that any other answer or other part of an answer is so
connected with an answer or part thereof used in evidence that the one ought
not to be so used without the other, the Court may direct that that other
answer or part shall be put in evidence.

8. Revocation and variation of orders (O. 26, r. 8)

Any order made under this Order (including an order made on appeal) may, on
sufficient cause being shown, be revoked or varied by a subsequent order or
direction of the Court made or given at or before the trial of the cause or
matter in connection with which the original order was made. (Enacted 1988)