Hong Kong Regulations

THE RULES OF THE SUPREME COURT - ORDER 33

PLACE AND MODE OF TRIAL

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

TRIAL

1. Place of trial (O. 33, r. 1)

Subject to the provisions of these rules, the place of trial of a cause or
matter, or of any question or issue arising therein, shall be determined by
the Court and shall be either the Supreme Court Building or such other place
or places as may be authorized by the Chief Justice.

2. Mode of trial (O. 33, r. 2)

Subject to the provisions of these rules, a cause or matter, or any question
or issue arising therein, may be tried before-

   (a)  a judge alone, or

   (b)  a judge with a jury, or

   (c)  a judge with the assistance of assessors, or

   (e)  a master.

3. Time, etc. of trial of questions or issues (O. 33, r. 3)

The Court may order any question or issue arising in a cause or matter,
whether of fact or law or partly of fact and partly of law, and whether raised
by the pleadings or otherwise, to be tried before, at or after the trial of
the cause or matter, and may give directions as to the manner in which the
question or issue shall be stated.

4. Determining the place and mode of trial (O. 33, r. 4)

(1) In every action begun by writ, an order made on the summons for directions
shall determine the place and mode of the trial; and any such order may be
varied by a subsequent order of the Court made at or before the trial.

(2) In any such action different questions or issues may be ordered to be
tried at different places or by different modes of trial and one or more
questions or issues may be ordered to be tried before the others.

(2A) In an action for personal injuries, the Court may at any stage of the
proceedings and of its own motion make an order for the issue of liability to
be tried before any issue or question concerning the amount of damages to be
awarded and-

   (a)  notwithstanding the provisions of Order 42, rule 5(5), an order so
        made in the absence of the parties shall be drawn up by an officer of
        the Court who shall serve a copy of the order on every party; and

   (b)  where a party applies within 14 days after service of the order upon
        him, the Court may confirm or vary the order or set in aside. (L.N.
        404 of 1991)

(4) Nothing in this rule affects the provisions of Order 103, rule 26, as to
actions for the infringement of a patent.

4A. Split trial: offer on liability (O. 33, r. 4A)

(1) This rule applies where an order is made under rule 4(2) for the issue of
liability to be tried before any issue or question concerning the amount of
damages to be awarded if liability is established.

(2) After the making of an order to which paragraph (1) applies, any party
against whom a finding of liability is sought may (without prejudice to his
defence) make a written offer to the other party to accept liability up to a
specified proportion.

(3) Any offer made under the preceding paragraph may be brought to the
attention of the Judge after the issue of liability has been decided, but not
before.

5. Trial with jury (O. 33, r. 5)

(1) The provisions of rule 4(1) and (2) are, as respects any action and as
respects any question of fact arising in such an action, subject to the
provisions of section 33A of the Ordinance, but an application for trial with
a jury under that section (the time for making which is, under that section,
to be limited by rules of court) must be made before the place and mode of
trial is fixed under rule 4.

(2) The powers conferred by the said section 33A on a judge may be exercised
by a master.

6. Trial with assistance of assessors (O. 33, r. 6)

A trial of a cause or matter with the assistance of assessors under section 53
of the Ordinance shall take place in such manner and on such terms as
the Court may direct.

7. Dismissal of action, etc., after decision of preliminary issue (O. 33, r.
7)

If it appears to the Court that the decision of any question or issue arising
in a cause or matter and tried separately from the cause or matter
substantially disposes of the cause or matter or renders the trial of the
cause or matter unnecessary, it may dismiss the cause or matter or make such
other order or give such judgment therein as may be just. (See App. A, Form
48) (Enacted 1988)