Hong Kong Regulations

THE RULES OF THE HIGH COURT - ORDER 67

CHANGE OF SOLICITOR

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 25 of 1998 s. 2 1. Notice of
change of solicitor (O. 67, r. 1)

(1) A party to any cause or matter who sues or defends by a solicitor may
change his solicitor without an order for that purpose but, unless and until
notice of the change is filed and copies of the notice are lodged and served
in accordance with this rule, the former solicitor shall, subject to rules 5
and 6, be considered the solicitor of the party until the final conclusion of
the cause or matter, whether in the Court of First Instance or
the Court of Appeal. (25 of 1998 s. 2)

(2) Notice of a change of solicitor must be filed, and a copy thereof lodged
in the Registry.

(3) The party giving the notice must serve on every other party to the cause
or matter (not being a party in default as to acknowledgment of service) and
on the former solicitor a copy of the notice indorsed with a memorandum
stating that the notice has been duly filed in the Registry.

(4) The party giving the notice may perform the duties prescribed by this rule
in person or by his new solicitor.

3. Notice of appointment of solicitor (O. 67, r. 3)

Where a party, after having sued or defended in person, appoints a solicitor
to act in the cause or matter on his behalf, the change may be made without an
order for that purpose and rule 1(2), (3) and (4) shall, with the necessary
modifications, apply in relation to a notice of appointment of a solicitor as
they apply in relation to a notice of change of solicitor.

4. Notice of intention to act in person (O. 67, r. 4)

Where a party, after having sued or defended by a solicitor, intends and is
entitled to act in person, the change may be made without an order for that
purpose and rule 1 shall, with the necessary modifications, apply in relation
to a notice of intention to act in person as it applies in relation to a
notice of change of solicitor except that the notice of intention to act in
person must contain an address for service of the party giving it.

5. Removal of solicitor from record at instance of another party (O. 67, r. 5)

(1) Where-

   (a)  a solicitor who has acted for a party in a cause or matter has died or
        become bankrupt or cannot be found or has failed to take out a
        practising certificate or has been struck off the roll of solicitors
        or has been suspended from practising or has for any other reason
        ceased to practise, and

   (b)  the party has not given notice of change of solicitor or notice of
        intention to act in person in accordance with the foregoing provisions
        of this Order, any other party to the cause or matter may apply to
        the Court, or if an appeal to the Court of Appeal is pending in the
        cause or matter, to the  Court of Appeal, for an order declaring that
        the solicitor has ceased to be the solicitor acting for the
        first-mentioned party in the cause or matter, and the Court or Court
        of Appeal, as the case may be, may make an order accordingly.

(2) An application for an order under this rule must be made by summons or, in
the case of an application to the Court of Appeal, by motion, and the summons
or notice of the motion must, unless the Court or Court of Appeal, as the case
may be, otherwise directs, be served on the party to whose solicitor the
application relates. The application must be supported by an affidavit stating
the grounds of the application.

(3) Where an order is made under this rule the party on whose application it
was made must-

   (a)  serve on every other party to the cause or matter (not being a party
        in default as to acknowledgment of service) a copy of the order, and

   (b)  procure the order to be entered in the Registry, and

   (c)  leave at the Registry a copy of the order and a certificate signed by
        him or his solicitor that the order has been duly served as aforesaid.

(4) An order made under this rule shall not affect the rights of the solicitor
and the party for whom he acted as between themselves.

6. Withdrawal of solicitor who has ceased to act for party (O. 67, r. 6)

(1) Where a solicitor who has acted for a party in a cause or matter has
ceased so to act and the party has not given notice of change in accordance
with rule 1, or notice of intention to act in person in accordance with rule
4, the solicitor may apply to the Court for an order declaring that the
solicitor has ceased to be the solicitor acting for the party in the cause or
matter, and the Court or Court of Appeal, as the case may be, may make an
order accordingly, but, unless and until the solicitor-

   (a)  serves on every party to the cause or matter (not being a party in
        default as to acknowledgment of service) a copy of the order, and

   (b)  procures the order to be entered in the Registry, and

   (c)  leaves at the Registry a copy of the order and a certificate signed by
        him that the order has been duly served as aforesaid, he shall,
        subject to the foregoing provisions of this Order, be considered the
        solicitor of the party till the final conclusion of the cause or
        matter whether in the Court of First Instance or Court of Appeal. (25
        of 1998 s. 2)

(2) An application for an order under this rule must be made by summons which
must, unless the Court or the Court of Appeal, as the case may be, otherwise
directs, be served on the party for whom the solicitor acted. The application
must be supported by an affidavit stating the grounds of the application.
(L.N. 363 of 1990)

(3) An order made under this rule shall not affect the rights of the solicitor
and the party for whom he acted as between themselves.

(4) Notwithstanding anything in paragraph (1), where the certificate of an
assisted person within the meaning of the Legal Aid  Ordinance ( Cap 91) is
revoked or discharged, the solicitor who acted for the assisted person shall
cease to be the solicitor acting in the cause or matter as soon as his
retainer is determined under that Ordinance; and if the assisted person whose
certificate has been revoked or discharged desires to proceed with the cause
or matter without legal aid and appoints that solicitor or another solicitor
to act on his behalf, the provisions of rule 3 shall apply as if that party
had previously sued or defended in person.

(HK)6A. Leave required to inspect affidavits (O. 67, r. 6A)

(HK) Notwithstanding the provisions of Order 63, rule 4(2), the leave of
the Court or the Court of Appeal, as the case may be, is required before
inspection can be made, or any copy obtained, of any affidavit made or filed
pursuant to rule 6(2). (L.N. 167 of 1994)

7. Address for service of party whose solicitor is removed, etc. (O. 67, r. 7)

Where-

   (a)  an order is made under rule 5, or

   (b)  an order is made under rule 6, and the applicant for that order has
        complied with rule 6(1), or

   (c)  the certificate of an assisted person within the meaning of the
        Legal Aid Ordinance ( Cap 91) is revoked or discharged, then, unless
        and until the party to whose solicitor or to whom, as the case may be,
        the order or certificate relates either appoints another solicitor and
        complies with rule 3 or, being entitled to act in person, gives notice
        of his intention so to do and complies with rule 4, his last known
        address or, where the party is a body corporate, its registered or
        principal office shall, for the purpose of the service on him of any
        document not required to be served personally, be deemed to be his
        address for service.

9. Order to apply to matrimonial causes and matters (O. 67, r. 9)

This Order shall have effect in relation to matrimonial causes and matters
and, in its application to such a cause or matter, any reference in rules 4
and 7 to an address for service shall be construed as a reference to the
address for service required by the rules in force by virtue of the provisions
of section 10 or made under section 54 of the Matrimonial  Causes Ordinance (
Cap 179). (Enacted 1988)