Hong Kong Regulations

THE RULES OF THE HIGH COURT - ORDER 69

SERVICE OF FOREIGN PROCESS

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

Adaptation amendments retroactively made - see 25 of 1998 s. 2 PROVISIONS AS
TO FOREIGN PROCEEDINGS

1. Definitions (O. 69, r. 1)

In this Order- "a convention country" (協約國) means a foreign country in
relation to which there subsists a civil procedure convention providing for
service in that country of process of the Court of First Instance, and
includes a country which is a party to the Convention on the Service Abroad of
Judicial and Extra-Judicial Documents in Civil or Commercial Matters signed at
The Hague on 15 November 1965; (25 of 1998 s. 2) "process"
(法律程序文件) includes a citation; "process server"
(法律程序文件送達人) means the process server appointed under rule 4
or his authorized agent; "taxing master" (訟費評定官) means a
taxing master of the High Court. (25 of 1998 s. 2)

2. Applications (O. 69, r. 2)

This Order applies to the service on a person in Hong Kong of any process in
connection with civil or commercial proceedings in a foreign court or tribunal
where the Registrar receives a written request for service-

   (a)  from the Chief Secretary for Administration with a recommendation by
        him that service should be effected; or (L.N. 362 of 1997)

   (b)  where the foreign court or tribunal is in a convention country, from a
        consular or other authority of that country.

3. Service of process (O. 69, r. 3)

(1) The request shall be accompanied by a translation thereof in English, two
copies of the process and, unless the foreign court or tribunal certifies that
the person to be served understands the language of the process, two copies of
a translation thereof.

(2) Subject to paragraphs (3) and (5) and to any enactment providing for the
manner of service of documents on corporate bodies, the process shall be
served by the process server's leaving a copy of the process and a copy of the
translation or certificate, as the case may be, with the person to be served.

(3) The provisions of Order 10, rule 1(2)(b) regarding service by insertion
through a letter-box shall apply to the service of foreign process as they
apply to the service of writs, except that service may be proved by an
affidavit or by a certificate or report in such form as the Registrar may
direct.

(4) The process server shall send to the Registrar a copy of the process and
an affidavit, certificate or report proving due service of process or stating
the reason why service could not be effected, as the case may be, and shall,
if the Court so directs, specify the costs incurred in effecting or attempting
to effect service.

(5) Order 65, rule 4 (substituted service) shall apply to the service of
foreign process as it applies to the service of writs, except that the
Registrar may make an order for substituted service of foreign process on the
basis of the process server's affidavit, certificate or report, without an
application being made to him in that behalf.

(6) The Registrar shall send a certificate, together with a copy of the
process, to the consular or other authority or the Chief Secretary for
Administration, as the case may be, stating- (L.N. 362 of 1997)

   (a)  when and how service was effected or the reason why service could not
        be effected, as the case may be;

   (b)  where appropriate, the amount certified by the taxing master to be the
        costs of effecting or attempting to effect service.

(7) The certificate under paragraph (6) shall be sealed with the seal of the
High Court for use out of the jurisdiction. (25 of 1998 s. 2)

4. Appointment of process server (O. 69, r. 4)

The process server for the purposes of this Order shall be the Chief Bailiff.
(Enacted 1988) "a convention country" (協約國) "process"
(法律程序文件) "process server" (法律程序文件送達人) "taxing
master" (訟費評定官)