PARTITION RULES
- CHAPTER 352A

PARTITION RULES - LONG TITLE  
Empowering section VerDate:30/06/1997



(Cap 352 section 10)

[3 April 1987]

(L.N. 95 of 1987)



PARTITION RULES - RULE 1
Citation VerDate:30/06/1997



These rules may be cited as the Partition Rules.
(Enacted 1987)



PARTITION RULES - RULE 2
Interpretation VerDate:01/07/1997


Adaptation amendments retroactively made - see 25 of 1998 s. 2

(1)	In these rules-
"pleadings" (狀書) has the meaning assigned to it by R.H.C. Order 1, rule 4;
"Registrar" (司法常務官) means-

        (a)	in relation to proceedings commenced in the Court of First 
Instance, the Registrar of the High Court;

        (b)	in relation to proceedings commenced in a District Court, the 
Registrar of the High Court exercising his jurisdiction as the Registrar 
of the District Court by virtue of section 14(4) of the District Court 
Ordinance (Cap 336).

(2)	In these rules any reference to an Order and rule if prefixed 
by the letters "R.H.C." is a reference to that Order and rule in the Rules 
of the High Court (Cap 4 sub. leg.).

(25 of 1998 s. 2)
"pleadings" (狀書)
"Registrar" (司法常務官)


PARTITION RULES - RULE 3
Application of Rules of High Court and District Court VerDate:01/07/1997


Adaptation amendments retroactively made - see 25 of 1998 s. 2
Subject to the Ordinance and these rules the practice and procedure of the 
High Court and of the District Court as may be appropriate, including the 
provisions relating to commencement of proceedings shall apply to 
proceedings under the Ordinance as nearly as circumstances admit.

(25 of 1998 s. 2)



PARTITION RULES - RULE 4
Documents to be served on the Director VerDate:30/06/1997



In any proceedings under the Ordinance a copy-

        (a)	of every pleading and amended pleading filed in Court;

        (b)	of every affidavit filed in Court;

        (c)	of every answer to interrogatories and of all particulars 
furnished or filed in Court, whether pursuant to an order of the Court or 
otherwise;

        (d)	of every interlocutory application, and every order made 
thereon filed in Court; and

        (e)	of every notice, including notices of appeal, filed in Court,
shall forthwith after such filing or furnishing be served or caused to be 
served on the Director by the party on behalf of whom such document is 
filed or furnished.
(Enacted 1987)



PARTITION RULES - RULE 5
Application by Secretary for Justice to be added as a party VerDate:01/07/1997



An application by the Secretary for Justice under section 3A of the 
Ordinance to be added as a party may be made ex parte by summons to a 
judge of the Court in which the proceedings are pending or to the 
Registrar, but the judge or Registrar may, if he thinks fit, require the 
attendance of the Secretary for Justice on the application.
(Enacted 1987. L.N. 362 of 1997)



PARTITION RULES - RULE 6
Service of documents, etc. VerDate:01/07/1997


Adaptation amendments retroactively made - see 25 of 1998 s. 2

(1)	Where any document is required by the Ordinance or these rules 
to be served on the Director-

        (a)	service may be effected by sending the document by post or 
delivering it to the Director;

        (b)	it shall not be necessary for the Director to acknowledge 
service of such document;

        (c)	an affidavit of service, the contents of which shall be in 
accordance with R.H.C. Order 65, rule 8, shall be filed in Court by the 
person required to effect such service, as proof of service;

        (d)	if due service has not been effected or no affidavit of service 
has been filed in Court, the Court shall, subject to sub-paragraph (e), 
adjourn the hearing on such terms as to costs or otherwise as it thinks 
fit, in order that service may be effected or an affidavit of service 
filed; and

        (e)	if due service has been effected but no affidavit of service 
filed in Court, the Court may proceed with the hearing if the party 
required to file such affidavit satisfies the Court that service has been 
effected and gives an undertaking to Court to file an affidavit of service 
within such time as may be directed by Court.

(2)	In any proceedings under the Ordinance, the provisions of 
R.H.C. Order 65, rule 4 in respect of inspection and obtaining copies of 
any document filed in the registry of the Court shall apply to the 
Director as if he were a party to the proceedings.
(Enacted 1987. 25 of 1998 s. 2)



PARTITION RULES - RULE 7
Notices to be in writing VerDate:30/06/1997



Unless otherwise directed any notice required by the Ordinance or these 
rules to be given shall be given in writing.
(Enacted 1987)



PARTITION RULES - RULE 8
Service on the Secretary for Justice VerDate:01/07/1997



Service of any document on the Secretary for Justice in any proceedings 
under the Ordinance may be effected by sending the document by post, or 
delivering it, to the Secretary for Justice.
(Enacted 1987. L.N. 362 of 1997)



PARTITION RULES - RULE 9
Length of stay of proceedings VerDate:30/06/1997



The period during which any proceedings are stayed by section 3B of the 
Ordinance shall be 21 days.
(Enacted 1987)