Hong Kong Regulations

THE RULES OF THE HIGH COURT - ORDER 83A

MONEY LENDERS' ACTIONS

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

Adaptation amendments retroactively made - see 25 of 1998 s. 2 (HK) ORDER 83A

MONEY LENDERS' ACTIONS

1. Application and interpretation (O. 83A, r. 1)

(1) These rules apply to a money lender's action subject to the following
rules of this Order.

(2) In these rules- "money lender" (放債人) has the meaning assigned to it
by section 2 of the Money Lenders Ordinance ( Cap 163); "money lender's
action" (放債人訴訟) means an action for the recovery of money lent by a
money lender or for the enforcement of any agreement or security relating to
money so lent, being an action brought by the lender or an assignee.

2. Commencement of money lender's action (O. 83A, r. 2)

(1) Every money lender's action shall be begun by writ.

(2) Before a writ beginning a money lender's action is issued it must be
indorsed with a statement that at the time of the making of the loan or
contract or the giving of the security in question the lender was licensed as
a money lender.

3. Particulars to be included in statement of claim (O. 83A, r. 3)

Every statement of claim in a money lender's action (whether indorsed on the
writ or not) must state-

   (a)  the date on which the loan was made;

   (b)  the amount actually lent to the borrower;

   (c)  the rate per cent per annum of interest charged;

   (d)  the date when the contract for repayment was made;

   (g)  the amount repaid;

   (h)  the amount due but unpaid;

   (i)  the date upon which such unpaid sum or sums became due; and

   (j)  the amount of interest accrued due and unpaid on every such sum.

4. Judgment on failure to give notice of intention to defend or in default of
defence (O. 83A, r. 4)

(1) In a money lender's action judgment on failure to give notice 
of intention to defend or in default of defence shall not be entered except
with the leave of the Court.

(2) (a) An application for the grant of leave under this rule must be made by
summons supported by an affidavit which must-

        (i)    prove that the money is due and payable;

        (ii)   give the particulars required by rules 2 and 3; and

        (iii)  exhibit a true copy of any agreement or security relating to
               the money lent, and the original agreement or security must be
               produced at the hearing of the summons.

   (b)  The summons and a copy of the affidavit in support and of any exhibits
        referred to therein must, notwithstanding anything in Order 65, rule 9
        be served on the defendant not less than 4 clear days before the day
        fixed for the hearing of the summons.

(3) If the application is for leave to enter judgment on failure to give
notice of intention to defend, the summons shall not be issued until after the
time limited for acknowledgment of service of the writ.

(4) On the hearing of such application, whether the defendant appears or not,
the Court-

   (a)  may exercise the powers of the court under section 25 of the
        Money Lenders Ordinance ( Cap 163);

   (b)  where it refuses leave under this rule to enter judgment on a claim or
        any part of a claim, may make or give any such order or directions as
        it might have made or given had the application been an application
        under Order 14, rule 1, for judgment on the claim.

5. Particulars to be included in originating summons (O. 83A, r. 5)

Where a money lender's action is begun by originating summons, the summons
must contain a statement of the matters specified in rules 2 and 3. (Enacted
1988) "money lender" (放債人) "money lender's action" (放債人訴訟)