Hong Kong Regulations

THE RULES OF THE SUPREME COURT - ORDER 72

(HK) PARTICULAR PROCEEDINGS

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

SPECIAL PROVISIONS AS TO PARTICULAR PROCEEDINGS

1. Application and interpretation (O. 72 r. 1)

(1) This Order applies to particular proceedings, and the other provisions of
these rules apply to those actions subject to the provisions of this Order.

(2) In this Order "particular proceedings" (特定法律程序) means a type
of proceedings for which provision has been made by the Chief Justice for
separate listing.

2. The Various Lists (O. 72 r. 2)

(1) There may be lists, in which actions and other proceedings may be entered
in accordance with the provisions of this Order, and a judge shall be in
charge of each list.

(2) In this Order references to the judge shall be construed as references to
the judge for the time being in charge of a particular list.

(3) The judge shall have control of the proceedings in his particular list
and, subject to the provisions of this Order and to any directions of the
judge, the powers of a judge in chambers (including those exercisable by the
Registrar) shall, in relation to any proceedings in such an action (including
any appeal from any judgment, order or decision of the Registrar, given or
made prior to the transfer of the  action or proceedings to the relevant list)
be exercisable by the judge.

(4) Paragraph (3) shall not be construed as preventing the powers of the judge
being exercised by some other judge.

4. Entry of action in particular list when action begun
(O. 72 r. 4)

(1) Before a writ or originating summons by which particular  proceedings are
to be begun is issued out of the Registry, it may be marked in the top left
hand corner with words identifying the relevant list, and on the issue of a
writ or summons so marked the action begun thereby shall be entered in that
list.

(2) If the plaintiff intends to issue the writ or originating  summons by
which particular proceedings are to be begun out of the Registry and to mark
it in accordance with paragraph (1), and the writ or the originating summons,
as the case may be, is to be served out of the jurisdiction, an application
for leave to issue the writ or summons and to serve the writ or the summons
out of the jurisdiction may be made to the judge.

(3) The affidavit in support of an application made to the judge by virtue of
paragraph (2) must, in addition to the matters required by Order 11, rule
4(1), to be stated, state that the plaintiff intends to mark the writ or
originating summons in accordance with paragraph (1) of this rule.

(4) If the judge hearing an application made to him by virtue of paragraph (2)
is of opinion that the action in question should not be entered in the list in
question, he may adjourn the application to be heard by the Registrar.

5. Transfer of action to particular list after
action begun (O. 72 r. 5)

(1) At any stage of the proceedings in any action any party thereto may apply
by summons to the judge to transfer the action to a particular list.

(3) If, at any stage of the proceedings in any action, it appears to the Court
that the action may be one suitable for trial in a particular list and any
party wishes the action to be transferred to that list, then the Court may
adjourn any hearing so that it can proceed before the judge and be treated by
him as a summons to transfer the action to that list.

6. Removal of action from particular list (O. 72 r. 6)

(1) The judge may, of his own motion or on the application of any party, order
an action in a particular list to be removed from that list. (L.N. 126 of
1995)

(2) Where an action is in a particular list by virtue of rule 4, an
application by a defendant or third party for an order under this rule must be
made within 7 days after giving notice of intention to defend.

7. Pleadings in particular proceedings (O. 72 r. 7)

(1) The pleadings in an action in a particular list may be in the form of
points of claim, or of defence, counterclaim, defence to counterclaim or
reply, as the case may be, and must be as brief as possible.

(2) Without prejudice to Order 18, rule 12(1), no particulars shall be applied
for or ordered in an action in the particular list designated the commercial
list except such particulars as are necessary to enable the party applying to
be informed of the case he has to meet or as are for some other reason
necessary to secure the just, expeditious and economical disposal of any
question at issue in the proceedings.

(3) The foregoing provisions are without prejudice to the power of the judge
to order that an action in a particular list shall be tried without pleadings
or further pleadings, as the case may be.

8. Directions in particular proceedings (O. 72 r. 8)

(1) Notwithstanding anything in Order 25, rule 1(1), any party to
particular proceedings may take out a summons for directions before the
pleadings are deemed to be closed.

(2) Where an application is made to transfer an action to a particular list,
Order 25, rules 2 to 7, shall, with the omission of so much of rule 7(1) as
requires the parties to serve a notice specifying the orders and directions
which they desire and with any other necessary modifications, apply as if the
application were a summons for directions.

9. (Repealed 13 of 1995 s. 20)

10. Production of certain documents in marine
insurance actions (O. 72 r. 10)

(1) Where in an action in a particular list relating to a marine insurance
policy an application for an order under Order 24, rule 3, is made by the
insurer, then, without prejudice to its powers under that rule, the Court, if
satisfied that the circumstances of the case are such that it is necessary or
expedient to do so, may make an order, either in Form No. 94 in Appendix A or
in such other form as it thinks fit, for the production of such documents as
are therein specified or described.

(2) An order under this rule may be made on such terms, if any, as to staying
proceedings in the action or otherwise, as the Court thinks fit.

(3) In this rule "the Court" (法庭) means the judge. (Enacted 1988)
"particular proceedings" (特定法律程序) "the Court" (法庭)