Hong Kong Regulations

THE RULES OF THE HIGH COURT - ORDER 36

TRIALS BEFORE, AND INQUIRIES BY, MASTER

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 25 of 1998 s. 2 1. Trial
before, and inquiry by, master (O. 36, r. 1)

(HK) In any cause or matter other than a criminal proceeding by the Crown,
the Court may, with the consent of the parties, order that the cause or
matter, or any question or issue of fact arising therein, be tried before a
master or that the master do inquire and report thereon and, in the case of
inquiry and report, giving consequential directions.

4. Power of master (O. 36, r. 4)

(1) Subject to any directions contained in the order made pursuant to rule 1-

   (a)  the master shall for the purposes of the trial or inquiry

(including any interlocutory application therein) have the same jurisdiction,
powers and duties (including the power of committal and discretion as to
costs) as a judge, exercisable or, as the case may be, to be performed as
nearly as circumstances admit, in the like cases, in the like manner and
subject to the like limitations; and

   (b)  every trial and all other proceedings before a master shall, as nearly
        as circumstances admit, be conducted in the like manner as the like
        proceedings before a judge.

(2) Without prejudice to the generality of paragraph (1) but subject to any
such directions as are mentioned therein the master before whom any cause or
matter is tried shall have the like powers as the Court with respect to claims
relating to or connected with the original subject-matter of the cause or
matter by any party thereto against any other person and Order 15, rule 5(2)
and Order 16 shall with any necessary modifications apply in relation to any
such claim accordingly.

9. Report on reference (O. 36, r. 9)

(1) The report made by a master in pursuance of a reference under rule 1 shall
be made to the Court and notice thereof served on the parties to the
reference.

(2) The master may in his report submit any question arising therein for the
decision of the Court or make a special statement of facts from which
the Court may draw such inferences as it thinks fit.

(3) On receipt of the master's report the Court may-

   (a)  adopt the report in whole or in part;

   (b)  vary the report;

   (c)  require an explanation from him;

   (d)  remit the whole or any part of the question or issue originally
        referred to him for further consideration by him or any other master;
        or

   (e)  decide the question originally referred to him on the evidence taken
        before him either with or without additional evidence.

(4) When the report of the master has been made, an application to vary the
report or remit the whole or any part of the question or issue originally
referred may be made on the hearing by the Court of further consideration of
the cause or matter, after giving not less than 4 days' notice thereof, and
any other application with respect to the report may be made on that hearing
without notice. (Enacted 1988)