THE RULES OF THE HIGH COURT - CHAPTER 4A THE RULES OF THE HIGH COURT - LONG TITLE Empowering section VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 THE RULES OF THE HIGH COURT (25 of 1998 s. 2) (Cap 4, section 54) [These rules (other than Order 75) } 1 May 1988 Order 75 } 24 February 1989 3 of 1989 s. 5] (L.N. 117 of 1988) THE RULES OF THE HIGH COURT - ORDER 1 CITATION, APPLICATION, INTERPRETATION AND FORMS VerDate:08/07/2005 PRELIMINARY 1. Citation (O. 1, r. 1) These rules may be cited as the Rules of the High Court. (25 of 1998 s. 2) 2. Application (O. 1, r. 2) (1) Subject to the following provisions of this rule, these rules shall have effect in relation to all proceedings in the High Court. (2) These rules shall not have effect in relation to proceedings of the kinds specified in the first column of the following Table (being proceedings in respect of which rules may be made under the enactments specified in the second column of that Table)- TABLE Proceedings Enactments 1. Bankruptcy proceedings. Bankruptcy Ordinance (Cap 6), section 113. 2. Proceeding relating to the winding-up of companies. Companies Ordinance (Cap 32), section 296. 3. Non-contentious or common form probate proceedings. Probate and Administration Ordinance (Cap 10), section 72. 4. Proceedings in the Court when acting as a Prize Court. Prize Courts Act 1894, section 3. 5. (Repealed 81 of 1997 s. 59) 6. Matrimonial proceedings. Matrimonial Causes Ordinance (Cap 179), sections 10 and 54. (HK)7. Adoption proceedings. Adoption Ordinance (Cap 290), section 12. (HK)8. Proceedings in respect of domestic violence. Domestic Violence Ordinance (Cap 189), section 8. (3) These rules shall not have effect in relation to any criminal proceedings other than any criminal proceedings to which Order 53, Order 59, Order 62, Order 70, Order 115, Order 116, Order 117, Order 118 or Order 119 applies. (L.N. 282 of 1989; L.N. 403 of 1992; L.N. 156 of 1995; L.N. 242 of 1996; L.N. 222 of 1997) (4) In the case of the proceedings mentioned in paragraphs (2) and (3), nothing in those paragraphs shall be taken as affecting any provision of any rules (whether made under the Ordinance or any other Ordinance) by virtue of which the Rules of the High Court or any provisions thereof are applied in relation to any of those proceedings. (25 of 1998 s. 2) 3. Application of Interpretation and General Clauses Ordinance (O. 1, r. 3) The Interpretation and General Clauses Ordinance (Cap 1) shall apply for the interpretation of these rules as it applies to subsidiary legislation made after the commencement of that Ordinance. 4. Definitions (O. 1, r. 4) (1) In these rules, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, namely- "an action for personal injuries" (就人身傷害而提出的訴訟) means an action in which there is a claim for damages in respect of personal injuries to the plaintiff or any other person or in respect of a person's death, and "personal injuries" (人身傷害) includes any disease and any impairment of a person's physical or mental condition; (HK) "bailiff" (執達主任) means a bailiff of the Court and any person lawfully authorized to execute the process of the Court; "cause book" (訟案登記冊) means the book or other record kept in the Registry in which the letter and number of, and other details relating to, a cause or matter are entered; (L.N. 275 of 1998) (HK) "Full Bench" (合議庭) means a Bench consisting of 2 or more Judges of the Court of First Instance; (25 of 1998 s. 2) "judgment rate" (判定利率) means the rate of interest determined by the Chief Justice under section 49(1)(b) of the Ordinance; (18 of 2003 s. 12) "master" (聆案官) means a master of the High Court and includes the Registrar of the High Court and a Senior Deputy Registrar, Deputy Registrar or Assistant Registrar of the High Court; (L.N. 99 of 1993; 25 of 1998 s. 2; 10 of 2005 s. 165) (HK) "money lender's action" (放債人訴訟) has the meaning assigned to it by Order 83A; "notice of intention to defend" (擬抗辯通知書) means an acknowledgment of service containing a statement to the effect that the person by whom or on whose behalf it is signed intends to contest the proceedings to which the acknowledgment relates; "officer" (人員) means an officer of the High Court; (25 of 1998 s. 2) "originating summons" (原訴傳票) means every summons other than a summons in a pending cause or matter; "pleading" (狀書) does not include a petition, summons or preliminary act; "probate action" (遺囑認證訴訟) has the meaning assigned to it by Order 76; "receiver" (接管人) includes a manager or consignee; (HK) "Registrar" (司法常務官) means the Registrar of the High Court; and includes a Senior Deputy Registrar, Deputy Registrar or Assistant Registrar of the High Court; (25 of 1998 s. 2; 10 of 2005 s. 165) (HK) "Registry" (登記處) means the Registry of the High Court; (25 of 1998 s. 2) (HK) "the Ordinance" (本條例) means the High Court Ordinance (Cap 4); (25 of 1998 s. 2) "vacation" (休庭期) means the interval between sittings of the High Court as prescribed by Order 64; (25 of 1998 s. 2) "writ" (令狀) means a writ of summons; (HK) "written law" (成文法) includes "imperial enactment" and "Ordinance" and "enactment" as defined in section 3 of the Interpretation and General Clauses Ordinance (Cap 1). (2) In these rules, unless the context otherwise requires, "the Court" (法院、 法庭) means the Court of First Instance or any one or more of the judges thereof whether sitting in court or in chambers or the Registrar or any master but the foregoing provision shall not be taken as affecting any provision of these rules and, in particular, Order 32, rule 11 by virtue of which the authority and jurisdiction of the Registrar is defined and regulated. (25 of 1998 s. 2) (3) In these rules unless the context otherwise requires, any reference to acknowledging service of a document or giving notice of intention to defend any proceedings is a reference to lodging in the Registry an acknowledgment of service of that document or, as the case may be, a notice of intention to defend those proceedings. 5. Construction of references to Orders, rules, etc. (O. 1, r. 5) (1) Unless the context otherwise requires, any reference in these rules to a specified Order, rule or Appendix is a reference to that Order or rule of, or that Appendix to, these rules and any reference to a specified rule, paragraph or sub-paragraph is a reference to that rule of the Order, that paragraph of the rule, or that sub-paragraph of the paragraph, in which the reference occurs. (2) Any reference in these rules to anything done under a rule of these rules includes a reference to the same thing done before the commencement of that rule under any corresponding rule of court ceasing to have effect on the commencement of that rule. (3) Except where the context otherwise requires, any reference in these rules to any written law shall be construed as a reference to that written law as amended, extended or applied by or under any other written law. 6. Construction of references to action, etc. for possession of land (O. 1, r. 6) Except where the context otherwise requires, references in these rules to an action or claim for the possession of land shall be construed as including references to proceedings against the Government for an order declaring that the plaintiff is entitled as against the Government to the land or to the possession thereof. (29 of 1998 s. 105) (HK)7A. Construction of references to Registrar (O. 1, r. 7A) (HK) Wherever the word "Registrar" appears in these rules and forms there may be substituted the word "Master" when and where appropriate. 9. Forms (O. 1, r. 9) (1) The forms in the Appendices shall be used where applicable with such variations as the circumstances of the particular case require. 10. Rules not to exclude conduct of business by post (O. 1, r. 10) Nothing in these rules shall prejudice any power to regulate the practice of the Court by giving directions enabling any business or class of business to be conducted by post. (Enacted 1988) THE RULES OF THE HIGH COURT - ORDER 2 EFFECT OF NON-COMPLIANCE VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 1. Non-compliance with Rules (O. 2, r. 1) (1) Where, in beginning or purporting to begin any proceedings or at any stage in the course of or in connection with any proceedings, there has, by reason of any thing done or left undone, been a failure to comply with the requirements of these rules, whether in respect of time, place, manner, form or content or in any other respect, the failure shall be treated as an irregularity and shall not nullify the proceedings, any step taken in the proceedings, or any document, judgment or order therein. (2) Subject to paragraph (3), the Court may, on the ground that there has been such failure as is mentioned in paragraph (1), and on such terms as to costs or otherwise as it thinks just, set aside either wholly or in part the proceedings in which the failure occurred, any step taken in those proceedings or any document, judgment or order therein or exercise its powers under these rules to allow such amendments (if any) to be made and to make such order (if any) dealing with the proceedings generally as it thinks fit. (3) The Court shall not wholly set aside any proceedings or the writ or other originating process by which they were begun on the ground that the proceedings were required by any of these rules to be begun by an originating process other than the one employed. 2. Application to set aside for irregularity (O. 2, r. 2) (1) An application to set aside for irregularity any proceedings, any step taken in any proceedings or any document, judgment or order therein shall not be allowed unless it is made within a reasonable time and before the party applying has taken any fresh step after becoming aware of the irregularity. (2) An application under this rule may be made by summons or motion and the grounds of objection must be stated in the summons or notice of motion. (Enacted 1988) THE RULES OF THE HIGH COURT - ORDER 3 TIME VerDate:18/09/1998 1. "Month" (月) means calendar month (O. 3, r. 1) Without prejudice to section 3 of the Interpretation and General Clauses Ordinance (Cap 1) in its application to these rules, the word "month" (月), where it occurs in any judgment, order, direction or other document forming part of any proceedings in the High Court, means a calendar month unless the context otherwise requires. (25 of 1998 s. 2) 2. Reckoning periods of time (O. 3, r. 2) (1) Any period of time fixed by these rules or by any judgment, order or direction for doing any act shall be reckoned in accordance with the following provisions of this rule. (2) Where the act is required to be done within a specified period after or from a specified date, the period begins immediately after that date. (3) Where the act is required to be done within or not less than a specified period before a specified date, the period ends immediately before that date. (4) Where the act is required to be done a specified number of clear days before or after a specified date, at least that number of days must intervene between the day on which the act is done and that date. (5) Where, apart from this paragraph, the period in question, being a period of 7 days or less, would include a Sunday or a general holiday, that day shall be excluded. In this paragraph "general holiday" (公眾假期) means a day which is, or is to be observed as, a general holiday under the General Holidays Ordinance (Cap 149). (35 of 1998 s. 5) 3. Summer Vacation excluded from time for service, etc., of pleadings (O. 3, r. 3) Unless the Court otherwise directs, the period of the Summer Vacation shall be excluded in reckoning any period prescribed by these rules or by any order or direction for serving, filing or amending any pleading. 4. Time expires on Sunday, etc. (O. 3, r. 4) Where the time prescribed by these rules, or by any judgment, order or direction, for doing any act at an office of the Court expires on a Sunday or other day on which that office is closed, and by reason thereof that act cannot be done on that day, the act shall be in time if done on the next day on which that office is open. 5. Extensions, etc., of time (O. 3, r. 5) (1) The Court may, on such terms as it thinks just, by order extend or abridge the period within which a person is required or authorized by these rules, or by any judgment, order or direction, to do any act in any proceedings. (2) The Court may extend any such period as is referred to in paragraph (1) although the application for extension is not made until after the expiration of that period. (3) The period within which a person is required by these rules, or by any order or direction, to serve, file or amend any pleading or other document may be extended by consent (given in writing) without an order of the Court being made for that purpose. (4) In this rule references to the Court shall be construed as including references to the Court of Appeal and a single judge of that Court. 6. Notice of intention to proceed after year's delay (O. 3, r. 6) Where a year or more has elapsed since the last proceeding in a cause or matter, the party who desires to proceed must give to every other party not less than one month's notice of his intention to proceed. A summons on which no order was made is not a proceeding for the purposes of this rule. (Enacted 1988) THE RULES OF THE HIGH COURT - ORDER 4 ASSIGNMENT, TRANSFER AND CONSOLIDATION OF PROCEEDINGS VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 COMMENCEMENT AND PROGRESS OF PROCEEDINGS 2. Companies (O. 4, r. 2) Where an order has been made by the Court for the winding-up of a company, all proceedings in chambers in any action against that company at the instance or on behalf of debenture holders shall be dealt with by an officer of the Court of First Instance who is a registrar within the meaning of any rules for the time being in force relating to the winding-up of companies. (25 of 1998 s. 2) 9. Consolidation, etc., of causes or matters (O. 4, r. 9) (1) Where two or more causes or matters are pending, then, if it appears to the Court- (a) that some common question of law or fact arises in both or all of them, or (b) that the rights to relief claimed therein are in respect of or arise out of the same transaction or series of transactions, or (c) that for some other reason it is desirable to make an order under this rule, the Court may order those causes or matters to be consolidated on such terms as it thinks just or may order them to be tried at the same time, or one immediately after another, or may order any of them to be stayed until after the determination of any other of them. (2) Where the Court makes an order under paragraph (1) that two or more causes or matters are to be tried at the same time but no order is made for those causes or matters to be consolidated, then, a party to one of those causes or matters may be treated as if it were a party to any of those other causes or matters for the purpose of making an order for costs against him or in his favour. (Enacted 1988) THE RULES OF THE HIGH COURT - ORDER 5 MODE OF BEGINNING CIVIL PROCEEDINGS IN THE COURT OF FIRST INSTANCE VerDate:28/06/2002 MODE OF BEGINNING CIVIL PROCEEDINGS IN THE COURT OF FIRST INSTANCE (25 of 1998 s. 2) 1. Mode of beginning civil proceedings (O. 5, r. 1) Subject to the provisions of any written law and of these rules, civil proceedings in the Court of First Instance may be begun by writ, originating summons, originating motion or petition. (25 of 1998 s. 2) 2. Proceedings which must be begun by writ (O. 5, r. 2) Subject to any provision of any written law, or of these rules, by virtue of which any proceedings are expressly required to be begun otherwise than by writ, the following proceedings must, notwithstanding anything in rule 4, be begun by writ, that is to say, proceedings- (a) in which a claim is made by the plaintiff for any relief or remedy for any tort, other than trespass to land; (b) in which a claim made by the plaintiff is based on an allegation of fraud; (c) in which a claim is made by the plaintiff for damages for breach of duty (whether the duty exists by virtue of a contract or of a provision made by or under any written law, or independently of any contract or any such provision), where the damages claimed consist of or include damages in respect of the death of any person or in respect of personal injuries to any person or in respect of damage to any property; (d) in which a claim is made by the plaintiff in respect of the infringement of a patent. 3. Proceedings which must be begun by originating summons (O. 5, r. 3) Proceedings by which an application is to be made to the Court of First Instance or a judge thereof under any written law must be begun by originating summons except where by these rules or by or under any written law the application in question is expressly required or authorized to be made by some other means. This rule does not apply to an application made in pending proceedings. (25 of 1998 s. 2) 4. Proceedings which may be begun by writ or originating summons (O. 5, r. 4) (1) Except in the case of proceedings which by these rules or by or under any written law are required to be begun by writ or originating summons or are required or authorized to be begun by originating motion or petition, proceedings may be begun either by writ or by originating summons as the plaintiff considers appropriate. (2) Proceedings- (a) in which the sole or principal question at issue is, or is likely to be, one of the construction of any written law or of any instrument made under any written law or of any deed, will, contract or other document, or some other question of law, or (b) in which there is unlikely to be any substantial dispute of fact, are appropriate to be begun by originating summons unless the plaintiff intends in those proceedings to apply for judgment under Order 14 or Order 86 or for any other reason considers the proceedings more appropriate to be begun by writ. 5. Proceedings to be begun by motion or petition (O. 5, r. 5) Proceedings may be begun by originating motion or petition if, but only if, by these rules or by or under any written law the proceedings in question are required or authorized to be so begun. 6. Right to sue in person (O. 5, r. 6) (1) Subject to paragraph (2) and to Order 80, rule 2, any person (whether or not he sues as a trustee or personal representative, or in any other representative capacity) may begin and carry on proceedings in the High Court by a solicitor or in person. (25 of 1998 s. 2) (2) A body corporate may not begin or carry on any such proceedings in the Court otherwise than by a solicitor except- (a) as expressly provided by or under any enactment; or (b) where leave is given under paragraph (3) for it to be represented by one of its directors. (3) (a) An application by a body corporate for leave to be represented by one of its directors shall be made ex parte to a Registrar and supported by an affidavit, made by the director and filed with the application, stating and verifying the reasons why leave should be given for the body corporate to be represented by the director. (L.N. 99 of 1993; L.N. 108 of 2002) (b) The relevant resolution of the board of the body corporate authorizing the director to appear on its behalf if leave is granted shall be exhibited to the affidavit. (4) No appeal shall lie from an order of the Registrar under paragraph (3) giving or refusing leave. (5) Leave given by a Registrar under paragraph (3) may be revoked by the Court at any time. (6) No appeal shall lie from an order of the Court revoking leave given by a Registrar. (Enacted 1988) THE RULES OF THE HIGH COURT - ORDER 6 WRITS OF SUMMONS: GENERAL PROVISIONS VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 1. Form of Writ, etc. (O. 6, r. 1) Every writ must be in Form No. 1 in Appendix A. 2. Indorsement of claim (O. 6, r. 2) (1) Before a writ is issued it must be indorsed- (a) with a statement of claim or, if the statement of claim is not indorsed on the writ, with a concise statement of the nature of the claim made or the relief or remedy required in the action begun thereby; (b) where the claim made by the plaintiff is for a debt or liquidated demand only, with a statement of the amount claimed in respect of the debt or demand and for costs and also with a statement that further proceedings will be stayed if, within the time limited for acknowledging service, the defendant pays the amount so claimed to the plaintiff, his solicitor or agent. 3. Indorsement as to capacity (O. 6, r. 3) Before a writ is issued it must be indorsed- (a) where the plaintiff sues in a representative capacity, with a statement of the capacity in which he sues; (b) where a defendant is sued in a representative capacity, with a statement of the capacity in which he is sued. 5. Indorsement as to solicitor and address (O. 6, r. 5) (1) Before a writ is issued it must be indorsed- (a) where the plaintiff sues by a solicitor, with the plaintiff's address and the solicitor's name or firm and a business address of his within the jurisdiction and also (if the solicitor is the agent of another) the name or firm and business address of his principal; (b) where the plaintiff sues in person, with the address of his place of residence and, if his place of residence is not within the jurisdiction or if he has no place of residence, the address of a place within the jurisdiction at or to which documents for him may be delivered or sent. (2) The address for service of a plaintiff shall be- (a) where he sues by a solicitor, the business address to which may be added a numbered box at a document exchange of the solicitor indorsed on the writ; (b) where he sues in person, the address within the jurisdiction indorsed on the writ. (3) Where a solicitor's name is indorsed on a writ, he must, if any defendant who has been served with or who has acknowledged service of the writ requests him in writing so to do, declare in writing whether the writ was issued by him or with his authority or privity. (4) If a solicitor whose name is indorsed on a writ declares in writing that the writ was not issued by him or with his authority or privity, the Court may on the application of any defendant who has been served with or who has acknowledged service of the writ, stay all proceedings in the action begun by the writ. 6. Concurrent writ (O. 6, r. 6) (1) One or more concurrent writs may, at the request of the plaintiff, be issued at the time when the original writ is issued or at any time thereafter before the original writ ceases to be valid. (2) Without prejudice to the generality of paragraph (1), a writ for service within the jurisdiction may be issued as a concurrent writ with one which is to be served out of the jurisdiction and a writ which is to be served out of the jurisdiction may be issued as a concurrent writ with one for service within the jurisdiction. (3) A concurrent writ is a true copy of the original writ with such differences only (if any) as are necessary having regard to the purpose for which the writ is issued. 7. Issue of writ (O. 6, r. 7) (1) No writ which is to be served out of the jurisdiction shall be issued without the leave of the Court: Provided that if every claim made by a writ is one which by virtue of any written law the Court of First Instance has power to hear and determine notwithstanding that the person against whom the claim is made is not within the jurisdiction of the Court or that the wrongful act, neglect or default giving rise to the claim did not take place within its jurisdiction, the foregoing provision shall not apply to the writ. (25 of 1998 s. 2) (3) Issue of a writ takes place upon its being sealed by an officer of the Registry. (4) The officer by whom a concurrent writ is sealed must mark it as a concurrent writ with an official stamp. (5) No writ shall be sealed unless at the time of the tender thereof for sealing the person tendering it leaves at the office at which it is tendered a copy thereof signed, where the plaintiff sues in person, by him or, where he does not so sue, by or on behalf of his solicitor. 8. Duration and renewal of writ (O. 6, r. 8) (1) For the purpose of service, a writ (other than a concurrent writ) is valid in the first instance for twelve months beginning with the date of its issue and a concurrent writ is valid in the first instance for the period of validity of the original writ which is unexpired at the date of issue of the concurrent writ. (2) Where a writ has not been served on a defendant, the Court may by order extend the validity of the writ from time to time for such period, not exceeding twelve months at any one time, beginning with the day next following that on which it would otherwise expire, as may be specified in the order, if an application for extension is made to the Court before that day or such later day (if any) as the Court may allow. (3) Before a writ, the validity of which has been extended under this rule, is served, it must be marked with an official stamp showing the period for which the validity of the writ has been so extended. (4) Where the validity of a writ is extended by order made under this rule, the order shall operate in relation to any other writ (whether original or concurrent) issued in the same action which has not been served so as to extend the validity of that other writ until the expiration of the period specified in the order. (Enacted 1988) THE RULES OF THE HIGH COURT - ORDER 7 ORIGINATING SUMMONS: GENERAL PROVISIONS VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 1. Application (O. 7, r. 1) The provisions of this Order apply to all originating summonses subject, in the case of originating summonses of any particular class, to any special provisions relating to originating summonses of that class made by these rules or by or under any written law. 2. Form of summons, etc. (O. 7, r. 2) (1) Every originating summons (other than an ex parte summons) shall be in Form No. 8 or, if so authorized or required, in Form No. 10 in Appendix A, and every ex parte originating summons shall be in Form No. 11 in Appendix A. (2) The party taking out an originating summons (other than an ex parte summons) shall be described as a plaintiff, and the other parties shall be described as defendants. 3. Contents of summons (O. 7, r. 3) (1) Every originating summons must include a statement of the questions on which the plaintiff seeks the determination or direction of the Court of First Instance or, as the case may be, a concise statement of the relief or remedy claimed in the proceedings begun by the originating summons with sufficient particulars to identify the cause or causes of action in respect of which the plaintiff claims that relief or remedy. (25 of 1998 s. 2) (2) Order 6, rules 3 and 5, shall apply in relation to an originating summons as they apply in relation to a writ. 4. Concurrent summons (O. 7, r. 4) Order 6, rule 6, shall apply in relation to an originating summons as it applies in relation to a writ. 5. Issue of summons (O. 7, r. 5) (1) An originating summons shall be issued out of the Registry. (3) Order 6, rule 7 (except paragraph (2)), shall apply in relation to an originating summons as it applies in relation to a writ. 6. Duration and renewal of summons (O. 7, r. 6) Order 6, rule 8, shall apply in relation to an originating summons as it applies in relation to a writ. 7. Ex parte originating summonses (O. 7, r. 7) (1) Rules 2(1), 3(1), and 5(1) shall, so far as applicable, apply to ex parte originating summonses; but, save as aforesaid, the foregoing rules of this Order shall not apply to ex parte originating summonses. (2) Order 6, rule 7(3) and (5), shall, with the necessary modifications, apply in relation to an ex parte originating summons as they apply in relation to a writ. (Enacted 1988) THE RULES OF THE HIGH COURT - ORDER 8 ORIGINATING AND OTHER MOTIONS: GENERAL PROVISIONS VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 1. Application (O. 8, r. 1) The provisions of this Order apply to all motions subject, in the case of originating motions of any particular class, to any special provisions relating to motions of that class made by these rules or by or under any written law. 2. Notice of motion (O. 8, r. 2) (1) Except where an application by motion may properly be made ex parte, no motion shall be made without previous notice to the parties affected thereby, but the Court, if satisfied that the delay caused by proceeding in the ordinary way would or might entail irreparable or serious mischief, may make an order ex parte on such terms as to costs or otherwise, and subject to such undertaking, if any, as it thinks just; and any party affected by such order may apply to the Court to set it aside. (2) Unless the Court gives leave to the contrary, there must be at least 2 clear days between the service of notice of a motion and the day named in the notice for hearing the motion. 3. Form and issue of notice of motion (O. 8, r. 3) (1) The notice of an originating motion must be in Form No. 13 in Appendix A and the notice of any other motion in Form No. 38 in that Appendix. Where leave has been given under rule 2(2) to serve short notice of motion, that fact must be stated in the notice. (2) The notice of a motion must include a concise statement of the nature of the claim made or the relief or remedy required. (3) Order 6, rule 5, shall, with the necessary modifications, apply in relation to notice of an originating motion as it applies in relation to a writ. (4) The notice of an originating motion by which proceedings are begun must be issued out of the Registry. (6) Issue of the notice of an originating motion takes place upon its being sealed by an officer of the Registry. 4. Service of notice of motion with writ, etc. (O. 8, r. 4) Notice of a motion to be made in an action may be served by the plaintiff on the defendant with the writ of summons or originating summons or at any time after service of such writ or summons, whether or not the defendant has acknowledged service in the action. 5. Adjournment of bearing (O. 8, r. 5) The hearing of any motion may be adjourned from time to time on such terms, if any, as the Court thinks fit. (Enacted 1988) THE RULES OF THE HIGH COURT - ORDER 9 PETITIONS: GENERAL PROVISIONS VerDate:28/06/2002 1. Application (O. 9, r. 1) Rules 2 to 4 apply to petitions by which civil proceedings in the Court of First Instance are begun, subject, in the case of petitions of any particular class, to any special provisions relating to petitions of that class made by these rules or by or under any written law. (25 of 1998 s. 2) 2. Contents of petition (O. 9, r. 2) (1) Every petition must include a concise statement of the nature of the claim made or the relief or remedy required in the proceedings begun thereby. (2) Every petition must include at the end thereof a statement of the names of the persons, if any, required to be served therewith or, if no person is required to be served, a statement to that effect. (3) Order 6, rule 5, shall, with the necessary modifications, apply in relation to a petition as it applies in relation to a writ. 3. Presentation of petition (O. 9, r. 3) A petition may be presented by leaving it at the Registry. 4. Fixing time for hearing petition (O. 9, r. 4) (1) A day and time for the hearing of a petition which is required to be heard shall be fixed by the Registrar. (2) Unless the Court otherwise directs, a petition which is required to be served on any person must be served on him not less than seven days before the day fixed for the hearing of the petition. 5. Certain applications not to be made by petition (O. 9, r. 5) No application in any cause or matter may be made by petition. 6. Right to defend in person (O. 9, r. 6) (1) Subject to paragraph (2) and to Order 80, rule 2, a respondent to proceedings begun by petition may (whether or not he is sued as a trustee or personal representative or in any other representative capacity) defend the proceedings by a solicitor or in person. (2) Where the respondent to such proceedings is a body corporate, except as expressly provided by or under any enactment or where leave is given under paragraph (3) for such respondent to be represented by one of its directors, such respondent may not take any step in the proceedings otherwise than by a solicitor. (3) (a) An application by a body corporate for leave to be represented by one of its directors shall be made ex parte to a Registrar and supported by an affidavit, made by the director and filed with the application, stating and verifying the reasons why leave should be given for the body corporate to be represented by the director. (b) The relevant resolution of the board of the body corporate authorizing the director to appear on its behalf if leave is granted shall be exhibited to the affidavit. (4) No appeal shall lie from an order of the Registrar under paragraph (3) giving or refusing leave. (5) The Court may at any time revoke the leave given by a Registrar under paragraph (3). (6) No appeal shall lie from an order of the Court revoking leave given by a Registrar. (L.N. 108 of 2002) (Enacted 1988) THE RULES OF THE HIGH COURT - ORDER 10 SERVICE OF ORIGINATING PROCESS: GENERAL PROVISIONS VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 1. General provisions (O. 10, r. 1) (1) A writ must be served personally on each defendant by the plaintiff or his agent. (2) A writ for service on a defendant within the jurisdiction may, instead of being served personally on him, be served- (a) by sending a copy of the writ by registered post to the defendant at his usual or last known address, or (b) if there is a letter box for that address, by inserting through the letter box a copy of the writ enclosed in a sealed envelope addressed to the defendant. (L.N. 404 of 1991) (3) Where a writ is served in accordance with paragraph (2)- (a) the date of service shall, unless the contrary is shown, be deemed to be the seventh day (ignoring Order 3, rule 2(5)) after the date on which the copy was sent to, or as the case may be, inserted through the letter box for, the address in question; (b) any affidavit proving due service of the writ must contain a statement to the effect that- (i) in the opinion of the deponent (or, if the deponent is the plaintiff's solicitor or an employee of that solicitor, in the opinion of the plaintiff) the copy of the writ, if sent to, or as the case may be, inserted through the letter box for, the address in question, will have come to the knowledge of the defendant within 7 days thereafter; and (ii) in the case of service by post, the copy of the writ has not been returned to the plaintiff through the post undelivered to the addressee. (4) Where a defendant's solicitor indorses on the writ a statement that he accepts service of the writ on behalf of that defendant, the writ shall be deemed to have been duly served on that defendant and to have been so served on the date on which the indorsement was made. (5) Subject to Order 12, rule 7, where a writ is not duly served on a defendant but he acknowledges service of it, the writ shall be deemed, unless the contrary is shown, to have been duly served on him and to have been so served on the date on which he acknowledges service. (6) Every copy of a writ for service on a defendant shall be sealed with the seal of the High Court and shall be accompanied by a form of acknowledgment of service in Form No. 14 in Appendix A in which the title of the action and its number have been entered. (25 of 1998 s. 2) (7) This rule shall have effect subject to the provisions of any Ordinance and these rules and in particular to any enactment which provides for the manner in which documents may be served on bodies corporate. 2. Service of writ on agent of overseas principal (O. 10, r. 2) (1) Where the Court is satisfied on an ex parte application that- (a) a contract has been entered into within the jurisdiction with or through an agent who is either an individual residing or carrying on business within the jurisdiction or a body corporate having a registered office or a place of business within the jurisdiction, and (b) the principal for whom the agent was acting was at the time the contract was entered into and is at the time of the application neither such an individual nor such a body corporate, and (c) at the time of the application either the agent's authority has not been determined or he is still in business relations with his principal, the Court may authorize service of a writ beginning an action relating to the contract to be effected on the agent instead of the principal. (2) An order under this rule authorizing service of a writ on a defendant's agent must limit a time within which the defendant must acknowledge service. (3) Where an order is made under this rule authorizing service of a writ on a defendant's agent, a copy of the order and of the writ must be sent by post to the defendant at his address out of the jurisdiction. 3. Service of writ in pursuance of contract (O. 10, r. 3) (1) Where- (a) a contract contains a term to the effect that the Court of First Instance shall have jurisdiction to hear and determine any action in respect of a contract or, apart from any such term, the Court of First Instance has jurisdiction to hear and determine any such action, and (25 of 1998 s. 2) (b) the contract provides that, in the event of any action in respect of the contract being begun, the process by which it is begun may be served on the defendant, or on such other person on his behalf as may be specified in the contract, in such manner, or at such place (whether within or out of the jurisdiction), as may be so specified, then, if an action in respect of the contract is begun in the Court and the writ by which it is begun is served in accordance with the contract, the writ shall, subject to paragraph (2), be deemed to have been duly served on the defendant. (2) A writ which is served out of the jurisdiction in accordance with a contract shall not be deemed to have been duly served on the defendant by virtue of paragraph (1) unless leave to serve the writ out of the jurisdiction has been granted under Order 11, rule 1(1) or service of the writ is permitted without leave under Order 11, rule 1(2). 4. Service of writ in certain actions for possession of premises or land (O. 10, r. 4) (1) Where a writ is indorsed with a claim for the recovery, or delivery of possession, of premises or land, the Court may- (a) if satisfied on an ex parte application that no person appears to be in possession of the premises or land and that service cannot be otherwise effected on any defendant, authorize service on that defendant to be effected by affixing a copy of the writ to some conspicuous part of the premises or land; (b) if satisfied on such an application that no person appears to be in possession of the premises or land and that service could not otherwise have been effected on any defendant, order that service already effected by affixing a copy of the writ to some conspicuous part of the premises or land shall be treated as good service on that defendant. (HK)(2) Where a writ is indorsed with a claim for the recovery, or delivery of possession, of premises or land, in addition to, and not in substitution for any other mode of service, a copy of the writ shall be posted in a conspicuous place on or at the entrance to the premises or land recovery or possession of which is claimed. 5. Service of originating summons, notice of motion, or petition (O. 10, r. 5) (1) The foregoing rules of this Order shall apply, with any necessary modifications, in relation to an originating summons (other than ex parte originating summons or an originating summons under Order 113) as they apply in relation to a writ, except that an acknowledgment of service of an originating summons shall be in Form No. 15 in Appendix A. (2) Rule 1(1), (2), (3) and (4) shall apply, with any necessary modifications, in relation to a notice of an originating motion and a petition as they apply in relation to a writ. (Enacted 1988) THE RULES OF THE HIGH COURT - ORDER 11 SERVICE OF PROCESS, ETC., OUT OF THE JURISDICTION VerDate:15/12/2006 1. Principal cases in which service of writ out of jurisdiction is permissible (O. 11, r. 1) (1) Provided that the writ is not a writ to which paragraph (2) of this rule applies, service of a writ out of the jurisdiction is permissible with the leave of the Court if in the action begun by the writ- (L.N. 363 of 1990) (a) relief is sought against a person domiciled or ordinarily resident within the jurisdiction; (b) an injunction is sought ordering the defendant to do or refrain from doing anything within the jurisdiction (whether or not damages are also claimed in respect of a failure to do or the doing of that thing); (c) the claim is brought against a person duly served within or out of the jurisdiction and a person out of the jurisdiction is a necessary or proper party thereto; (d) the claim is brought to enforce, rescind, dissolve, annul or otherwise affect a contract, or to recover damages or obtain other relief in respect of the breach of a contract, being (in either case) a contract which- (i) was made within the jurisdiction, or (ii) was made by or through an agent trading or residing within the jurisdiction on behalf of a principal trading or residing out of the jurisdiction, or (iii) is by its terms, or by implication, governed by Hong Kong law, or (iv) contains a term to the effect that the Court of First Instance shall have jurisdiction to hear and determine any action in respect of the contract; (25 of 1998 s. 2) (e) the claim is brought in respect of a breach committed within the jurisdiction of a contract made within or out of the jurisdiction, and irrespective of the fact, if such be the case, that the breach was preceded or accompanied by a breach committed out of the jurisdiction that rendered impossible the performance of so much of the contract as ought to have been performed within the jurisdiction; (f) the claim is founded on a tort and the damage was sustained, or resulted from an act committed, within the jurisdiction; (g) the whole subject-matter of the action is land situate within the jurisdiction (with or without rents or profits) or the perpetuation of testimony relating to land so situate; (h) the claim is brought to construe, rectify, set aside or enforce an act, deed, will, contract, obligation or liability affecting land situate within the jurisdiction; (i) the claim is made for a debt secured on immovable property or is made to assert, declare or determine proprietary or possessory rights, or rights of security, in or over movable property, or to obtain authority to dispose of movable property, situate within the jurisdiction; (j) the claim is brought to execute the trusts of a written instrument being trusts that ought to be executed according to Hong Kong law and of which the person to be served with the writ is a trustee, or for any relief or remedy which might be obtained in any such action; (k) the claim is made for the administration of the estate of a person who died domiciled within the jurisdiction or for any relief or remedy which might be obtained in any such action; (l) the claim is brought in a probate action within the meaning of Order 76; (m) the claim is brought to enforce any judgment or arbitral award; (n) the claim is brought under the Carriage by Air Ordinance (Cap 500). (13 of 1997 s. 20) (o) (Repealed L.N. 296 of 1996) (oa) the claim is made under the Mutual Legal Assistance in Criminal Matters Ordinance (Cap 525); (87 of 1997 s. 36) (p) the claim is brought for money had and received or for an account or other relief against the defendant as constructive trustee, and the defendant's alleged liability arises out of acts committed, whether by him or otherwise, within the jurisdiction. (L.N. 404 of 1991) (2) Service of a writ out of the jurisdiction is permissible without the leave of the Court provided that each claim made by the writ is- (b) a claim which by virtue of any written law the Court of First Instance has power to hear and determine notwithstanding that the person against whom the claim is made is not within the jurisdiction of the Court or that the wrongful act, neglect or default giving rise to the claim did not take place within its jurisdiction. (25 of 1998 s. 2) (3) Where a writ is to be served out of the jurisdiction under paragraph (2), the time to be inserted in the writ within which the defendant served therewith must acknowledge service shall- (c) be limited in accordance with the practice adopted under rule 4(4). (HK)(4) This rule shall not apply to a writ- (a) to enforce a claim for damage, loss of life or personal injury arising out of- (i) a collision between ships; (ii) the carrying out of or omission to carry out a manoeuvre in the case of one or more of 2 or more ships; or (iii) non-compliance, on the part of one or more of 2 or more ships, with the regulations made under section 93, 100 or 107 of the Merchant Shipping (Safety) Ordinance (Cap 369); (b) for the limitation of liability in a limitation action as defined in Order 75, rule 1(2); or (c) to enforce a claim under section 1 of the Merchant Shipping (Oil Pollution) Act 1971 (1971 c. 59 U.K.) or section 4 of the Merchant Shipping Act 1974 (1974 c. 43 U.K.)⊕. (L.N. 363 of 1990) 4. Application for, and grant of, leave to serve writ out of jurisdiction (O. 11, r. 4) (1) An application for the grant of leave under rule 1(l) must be supported by an affidavit stating- (a) the grounds on which the application is made; (b) that in the deponent's belief the plaintiff has a good cause of action; (c) in what place the defendant is, or probably may be found; and (d) where the application is made under rule 1(1)(c), the grounds for the deponent's belief that there is between the plaintiff and the person on whom a writ has been served a real issue which the plaintiff may reasonably ask the Court to try. (2) No such leave shall be granted unless it shall be made sufficiently to appear to the Court that the case is a proper one for service out of the jurisdiction under this Order. (4) An order granting under rule 1 leave to serve a writ out of the jurisdiction must limit a time within which the defendant to be served must acknowledge service. 5. Service of writ out of jurisdiction: general (O. 11, r. 5) (1) Subject to the following provisions of this rule, Order 10, rule 1(l), (4) and (5) and (6) and Order 65, rule 4, shall apply in relation to the service of a writ notwithstanding that the writ is to be served out of the jurisdiction, save that the accompanying form of acknowledgment of service shall be modified in such manner as may be appropriate. (2) Nothing in this rule, rule 5A or any order or direction of the Court made by virtue of it shall authorize or require the doing of anything in a country or place in which service is to be effected which is contrary to the law of that country or place. (L.N. 39 of 1999) (3) A writ which is to be served out of the jurisdiction- (a) need not be served personally on the person required to be served so long as it is served on him in accordance with the law of the country or place in which service is effected; and (b) need not be served by the plaintiff or his agent if it is served by a method provided for by rule 5A, rule 6 or rule 7. (L.N. 39 of 1999) (5) An official certificate stating that a writ as regards which rule 5A or rule 6 has been complied with, has been served on a person personally, or in accordance with the law of the country or place in which service was effected, on a specified date, being a certificate- (a) by a British consular authority in that country or place, or (b) by the government or judicial authorities of that country or place, or (c) by any other authority designated in respect of that country or place under the Hague Convention, shall be evidence of the facts so stated. (L.N. 39 of 1999) (6) An official certificate by the Chief Secretary for Administration stating that a writ has been duly served on a specified date in accordance with a request made under rule 7 shall be evidence of that fact. (L.N. 362 of 1997) (7) A document purporting to be such a certificate as is mentioned in paragraph (5) or (6) shall, until the contrary is proved, be deemed to be such a certificate. (8) In this rule and rule 6 "the Hague Convention" means the Convention on the service abroad of judicial or extra-judicial documents in civil or commercial matters signed at The Hague on 15 November 1965. 5A. Service of writ in the Mainland of China through judicial authorities (O. 11, r. 5A) (1) Where in accordance with these rules, a writ is to be served on a person to be served in the Mainland of China, the writ shall be served through the judicial authorities of the Mainland of China. (2) A person who wishes to serve a writ under paragraph (1) must lodge in the Registry a request for such service, together with 2 copies of the writ and 2 additional copies thereof for the person to be served. (3) The request lodged under paragraph (2) must contain- (a) the full name and address of the person to be served; (b) a description of the nature of proceedings; and (c) if a particular method of service by the judicial authorities of the Mainland of China is desired by the person making the request, an indication of that particular method. (4) Every copy of a writ lodged under paragraph (2) must be in Chinese or accompanied by a Chinese translation. (5) Every translation lodged under paragraph (4) must be certified by the person making it to be a correct translation; and the certificate must contain a statement of that person's full name, of his address and of his qualifications for making the translation. (6) Documents duly lodged under paragraph (2) shall be sent by the Registrar to the judicial authorities of the Mainland of China with a request that they arrange for the writ to be served or, where a particular method of service is indicated under paragraph (3)(c), to be served by that method. (L.N. 39 of 1999) 6. Service of writ abroad through foreign governments, judicial authorities and British consuls (O. 11, r. 6) (1) Save where a writ is to be served pursuant to paragraph (2A) this rule does not apply to service in- (HK)(a) The United Kingdom of Great Britain, Northern Ireland, the Channel Islands and the Isle of Man; (b) any independent Commonwealth country; (HK)(c) any British protectorate; (HK)(d) any British colony; (e) the Republic of Ireland. (2) Where in accordance with these rules a writ is to be served on a defendant in any country with respect to which there subsists a Civil Procedure Convention (other than the Hague Convention) providing for service in that country of process of the Court, the writ may be served- (a) through the judicial authorities of that country; or (b) through a British consular authority in that country (subject to any provision of the convention as to the nationality of persons who may be so served). (2A) Where in accordance with these rules, a writ is to be served on a defendant in any country which is a party to the Hague Convention, the writ may be served- (a) through the authority designated under the Convention in respect of that country; or (b) if the law of that country permits- (i) through the judicial authorities of that country, or (ii) through a British consular authority in that country. (3) Where in accordance with these rules a writ is to be served on a defendant in any country with respect to which there does not subsist a Civil Procedure Convention providing for service in that country of process of the Court of First Instance, the writ may be served- (25 of 1998 s. 2) (a) through the government of that country, where that government is willing to effect service; or (b) through a British consular authority in that country, except where service through such an authority is contrary to the law of that country. (4) A person who wishes to serve a writ by a method specified in paragraph (2), (2A) or (3) must lodge in the Registry a request for service of the writ by that method, together with a copy of the writ and an additional copy thereof for each person to be served. (5) Every copy of a writ lodged under paragraph (4) must be accompanied by a translation of the writ in the official language of the country in which service is to be effected or, if there is more than one official language of that country, in any one of those languages which is appropriate to the place in that country where service is to be effected: Provided that this paragraph shall not apply in relation to a copy of a writ which is to be served in a country the official language of which is, or the official languages of which include, English, or is to be served in any country by a British consular authority on a British subject, unless the service is to be effected under paragraph (2) and the Civil Procedure Convention with respect to that country expressly requires the copy to be accompanied by a translation. (6) Every translation lodged under paragraph (5) must be certified by the person making it to be a correct translation; and the certificate must contain a statement of that person's full name, of his address and of his qualification for making the translation. (7) Documents duly lodged under paragraph (4) shall be sent by the Registrar to the Chief Secretary for Administration with a request that he arrange for the writ to be served by the method indicated in the request lodged under paragraph (4) or, where alternative methods are so indicated, by such one of those methods as is most convenient. (L.N. 362 of 1997) 7. Service of process on a foreign State (O. 11, r. 7) (1) Subject to paragraph (4) where a person to whom leave has been granted under rule 1 to serve a writ on a State, as defined in section 14 of the State Immunity Act 1978 (1978 c. 33 U.K.), wishes to have the writ served on that State, he must lodge in the Registry- (a) a request for service to be arranged by the Chief Secretary for Administration; and (L.N. 362 of 1997) (b) a copy of the writ; and (c) except where the official language of the State is, or the official languages of that party include, English, a translation of the writ in the official language or one of the official languages of the State. (2) Rule 6(6) shall apply in relation to a translation lodged under paragraph (1) of this rule as it applies in relation to a translation lodged under paragraph (5) of that rule. (3) Documents duly lodged under this rule shall be sent by the Registrar to the Chief Secretary for Administration with a request that the Chief Secretary for Administration arrange for the writ to be served on the State or the government in question, as the case may be. (L.N. 362 of 1997) (4) Where section 12(6) of the State Immunity Act 1978 (1978 c. 33 U.K.) applies and the State has agreed to a method of service other than that provided by the preceding paragraphs, the writ may be served either by the method agreed or in accordance with the preceding paragraphs of this rule. 7A. Service of writ in certain actions under Carriage by Air Ordinance (O. 11, r. 7A) (HK)(1) Where a person to whom leave has been granted under rule 1 to serve a writ on a High Contracting Party or State Party, as may be appropriate, within the meaning of section 2(1) of Carriage by Air Ordinance (Cap 500), being a writ beginning an action to enforce a claim in respect of carriage undertaken by that Party, wishes to have the writ served on that Party, he must lodge in the Registry- (13 of 1997 s. 20; 22 of 2005 s. 26) (a) a request for service to be arranged by the Chief Secretary for Administration; and (b) a copy of the writ; and (c) except where the official language of the High Contracting Party or State Party, as may be appropriate, is, or the official languages of that Party include, English, a translation of the writ in the official language or one of the official languages of that Party, as may be appropriate. (22 of 2005 s. 26) (2) Rule 6(6) shall apply in relation to a translation lodged under paragraph (1) of this rule as it applies in relation to a translation lodged under paragraph (5) of that rule. (3) Documents duly lodged under this rule shall be sent by the Registrar to the Chief Secretary for Administration with a request that the Chief Secretary for Administration arrange for the writ to be served on the High Contracting Party or State Party. (22 of 2005 s. 26) (L.N. 362 of 1997) 8. Undertaking to pay expenses of service by the Chief Secretary for Administration (O. 11, r. 8) Every request lodged under rule 6(4), rule 7 or rule 7A must contain an undertaking by the person making the request to be responsible personally for all expenses incurred by the Chief Secretary for Administration in respect of the service requested and, on receiving due notification of the amount of those expenses, to pay that amount to the Treasury and to produce a receipt for the payment to the Registrar. (L.N. 362 of 1997) 8A. Undertaking to pay expenses of service by the Registrar (O. 11, r. 8A) Every request lodged under rule 5A must contain an undertaking by the person making the request to be responsible personally for all expenses incurred by the Registrar in respect of the service requested and, on receiving due notification of the amount of those expenses, to pay that amount to the Treasury and to produce a receipt for the payment to the Registrar. (L.N. 39 of 1999) 9. Service of originating summons, petition, notice of motion, etc. (O. 11, r. 9) (1) Subject to Order 73, rule 7, rule 1 of this Order shall apply to the service out of the jurisdiction of an originating summons, notice of motion or petition as it applies to service of a writ. (4) Subject to Order 73, rule 7, service out of the jurisdiction of any summons, notice or order issued, given or made in any proceedings is permissible with the leave of the Court, but leave shall not be required for such service in any proceedings in which the writ, originating summons, motion or petition may by these rules or under any written law be served out of the jurisdiction without leave. (5) Rule 4(1), (2) and (3) shall, so far as applicable, apply in relation to an application for the grant of leave under this rule as they apply in relation to an application for the grant of leave under rule 1. (6) An order granting under this rule leave to serve out of the jurisdiction an originating summons must limit a time within which the defendant to be served with the summons must acknowledge service. (7) Rules 5, 5A, 6, 8 and 8A shall apply in relation to any document for the service of which out of the jurisdiction leave has been granted under this rule as they apply in relation to a writ. (L.N. 39 of 1999) (Enacted 1988) ___________________________________________________________________________ ___ Note: ⊕ Please also see following- (a) in relation to the Merchant Shipping Act 1894, Part 3 of Schedule 5 to Cap 415 and s. 1 of Schedule 2 to Cap 508; (b) in relation to the Merchant Shipping Acts 1894 to 1979, s. 117 of Cap 281, s. 103 of Cap 415 and s. 142 of Cap 478. THE RULES OF THE HIGH COURT - ORDER 12 ACKNOWLEDGMENT OF SERVICE OF WRIT OR ORIGINATING SUMMONS VerDate:28/06/2002 1. Mode of acknowledging service (O. 12, r. 1) (1) Subject to paragraph (2) and to Order 80, rule 2, a defendant to an action begun by writ may (whether or not he is sued as a trustee or personal representative or in any other representative capacity) acknowledge service of the writ and defend the action by a solicitor or in person. (2) The defendant to such an action who is a body corporate may acknowledge service of the writ and give notice of intention to defend the action either by a solicitor or by a person duly authorized to act on the defendant's behalf but, except as expressly provided by or under any enactment or where leave is given under paragraph (2A) for such defendant to be represented by one of its directors, such defendant may not take any further step in the action otherwise than by a solicitor. (2A) (a) An application by a body corporate for leave to be represented by one of its directors shall be made ex parte to a Registrar and supported by an affidavit, made by the director and filed with the application, stating and verifying the reasons why leave should be given for the body corporate to be represented by the director. (L.N. 103 of 1994; L.N. 108 of 2002) (b) The relevant resolution of the board of the body corporate authorizing the director to appear on its behalf if leave is granted shall be exhibited to the affidavit. (2B) No appeal shall lie from an order of the Registrar under paragraph (2A) giving or refusing leave. (2C) Leave given by a Registrar under paragraph (2A) may be revoked by the Court at any time. (2D) No appeal shall lie from an order of the Court revoking leave given by a Registrar. (3) Service of a writ may be acknowledged by properly completing an acknowledgment of service as defined by rule 3 and handing it in at, or sending it by post to, the Registry. (4) If two or more defendants to an action acknowledge service by the same solicitor and at the same time, only one acknowledgment of service need be completed and delivered for those defendants. (5) The date on which service is acknowledged is the date on which the acknowledgment of service is received at the Registry. 3. Acknowledgment of service (O. 12, r. 3) (1) An acknowledgment of service must be in Form No. 14 or 15 in Appendix A, whichever is appropriate, and except as provided in rule 1(2), must be signed by the solicitor acting for the defendant specified in the acknowledgment or, if the defendant is acting in person, by that defendant. (2) An acknowledgment of service must specify- (a) in the case of a defendant acknowledging service in person, the address of his place of residence and, if his place of residence is not within the jurisdiction or if he has no place of residence, the address of a place within the jurisdiction at or to which documents for him may be delivered or sent, and (b) in the case of a defendant acknowledging service by a solicitor, a business address to which may be added a numbered box at a document exchange of his solicitor within the jurisdiction; and where the defendant acknowledges service in person the address within the jurisdiction specified under sub-paragraph (a) shall be his address for service, but otherwise his solicitor's business address shall be his address for service. In relation to a body corporate the references in sub-paragraph (a) to the defendant's place of residence shall be construed as references to the defendant's registered or principal office. (3) Where the defendant acknowledges service by a solicitor who is acting as agent for another solicitor having a place of business within the jurisdiction, the acknowledgment of service must state that the first-named solicitor so acts and must also state the name and address of that other solicitor. (4) If an acknowledgment of service does not specify the defendant's address for service or the Court is satisfied that any address specified in the acknowledgment for service is not genuine, the Court may on application by the plaintiff set aside the acknowledgment or order the defendant to give an address or, as the case may be, a genuine address for service and may in any case direct that the acknowledgment shall nevertheless have effect for the purpose of Order 10, rule 1(5), and Order 65, rule 9. 4. Procedure on receipt of acknowledgment of service (O. 12, r. 4) On receiving an acknowledgment of service an officer of the Registry must- (a) affix to the acknowledgment an official stamp showing the date on which he received it; (b) enter the acknowledgment in the cause book with a note showing, if it be the case, that the defendant has indicated in the acknowledgment an intention to contest the proceedings or to apply for a stay of execution in respect of any judgment obtained against him in the proceedings; (c) make a copy of the acknowledgment, having affixed to it an official stamp showing the date on which he received the acknowledgment, and send by post to the plaintiff or, as the case may be, his solicitor at the plaintiff's address for service. 5. Time limited for acknowledging service (O. 12, r. 5) References in these rules to the time limited for acknowledging service are references- (a) in the case of a writ served within the jurisdiction, to fourteen days after service of the writ (including the day of service) or, where that time has been extended by or by virtue of these rules, to that time as so extended; and (b) in the case of a writ served out of the jurisdiction, to the time limited under Order 10, rule 2(2), Order 11, rule 1(3), or Order 11, rule 4(4), or, where that time has been extended as aforesaid, to that time as so extended. 6. Late acknowledgment of service (O. 12, r. 6) (1) Except with the leave of the Court, a defendant may not give notice of intention to defend in an action after judgment has been obtained therein. (2) Except as provided by paragraph (1) nothing in these rules or any writ or order thereunder shall be construed as precluding a defendant from acknowledging service in an action after the time limited for so doing, but if a defendant acknowledges service after that time, he shall not, unless the Court otherwise orders, be entitled to serve a defence or do any other act later than if he had acknowledged service within that time. 7. Acknowledgment not to constitute waiver (O. 12, r. 7) The acknowledgment by a defendant of service of a writ shall not be treated as a waiver by him of any irregularity in the writ or service thereof or in any order giving leave to serve the writ or extending the validity of the writ for the purpose of service. 8. Dispute as to jurisdiction (O. 12, r. 8) (1) A defendant who wishes to dispute the jurisdiction of the court in the proceedings by reason of any such irregularity as is mentioned in rule 7 or on any other ground shall give notice of intention to defend the proceedings and shall, within the time limited for service of a defence, apply to the Court for- (a) an order setting aside the writ or service of the writ on him, or (b) an order declaring that the writ has not been duly served on him, or (c) the discharge of any order giving leave to serve the writ on him out of the jurisdiction, or (d) the discharge of any order extending the validity of the writ for the purpose of service, or (e) the protection or release of any property of the defendant seized or threatened with seizure in the proceedings, or (f) the discharge of any order made to prevent any dealing with any property of the defendant, or (g) a declaration that in the circumstances of the case the court has no jurisdiction over the defendant in respect of the subject-matter of the claim or the relief or remedy sought in the action, or (h) such other relief as may be appropriate. (3) An application under paragraph (1) must be made- (a) in an Admiralty action in rem, by motion; (c) in any other action, by summons or motion, and the notice of motion or summons must state the grounds of the application. (4) An application under paragraph (1) must be supported by an affidavit verifying the facts on which the application is based and a copy of the affidavit must be served with the notice of motion or summons by which the application is made. (5) Upon hearing an application under paragraph (1), the Court, if it does not dispose of the manner in dispute, may give such directions for its disposal as may be appropriate, including directions for the trial thereof as a preliminary issue. (6) A defendant who makes an application under paragraph (1) shall not be treated as having submitted to the jurisdiction of the court by reason of his having given notice of intention to defend the action; and if the Court makes no order on the application or dismisses it, the notice shall cease to have effect, but the defendant may, subject to rule 6(1), lodge a further acknowledgment of service and in that case paragraph (7) shall apply as if the defendant had not made any such application. (7) Except where the defendant makes an application in accordance with paragraph (1), the acknowledgment by a defendant of service of a writ shall, unless the acknowledgment is withdrawn by leave of the Court under Order 21, rule 1, be treated as a submission by the defendant to the jurisdiction of the Court in the proceedings. 8A. Application by defendant where writ not served (O. 12, r. 8A) (1) Any person named as a defendant in a writ which has not been served on him may serve on the plaintiff a notice requiring him within a specified period not less than 14 days after service of the notice either to serve the writ on the defendant or to discontinue the action as against him. (2) Where the plaintiff fails to comply with a notice under paragraph (1) within the time specified the Court may, on the application of the defendant by summons, order the action to be dismissed or make such other order as it thinks fit. (3) A summons under paragraph (2) shall be supported by an affidavit verifying the facts on which the application is based and stating that the defendant intends to contest the proceedings and a copy of the affidavit must be served with the summons. (4) Where the plaintiff serves the writ in compliance with a notice under paragraph (1) or with an order under paragraph (2) the defendant must acknowledge service within the time limited for so doing. 9. Acknowledgment of service of originating summons (O. 12, r. 9) (1) Each defendant named in and served with an originating summons (other than an ex parte originating summons or an originating summons under Order 113 or an application under Order 121) must acknowledge service of the summons as if it were a writ. (3) The foregoing rules of this Order shall apply in relation to an originating summons (other than an ex parte originating summons or an originating summons under Order 113 or an application under Order 121) as they apply to a writ except that after the word "extended" wherever it occurs in rule 5(a), there shall be inserted the words "or abridged" and for the reference in rule 5(b) to Order 11, rules 1(3) and 4(4), there shall be substituted a reference to Order 11, rule 9(6). (L.N. 119 of 1998) 10. Acknowledgment of service to be treated as entry of appearance (O. 12, r. 10) For the purpose of any enactment referring expressly or impliedly to the entry of appearance as a procedure provided by rules of court for responding to a writ or other process issuing out of the Court of First Instance, or of any rule of law, the acknowledgment of service of the writ or other process in accordance with these rules shall be treated as the entry of an appearance to it, and related expressions shall be construed accordingly. (25 of 1998 s. 2) (Enacted 1988) THE RULES OF THE HIGH COURT - ORDER 13 FAILURE TO GIVE NOTICE OF INTENTION TO DEFEND VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 1. Claim for liquidated demand (O. 13, r. 1) (1) Where a writ is indorsed with a claim against a defendant for a liquidated demand only, then, if that defendant fails to give notice of intention to defend, the plaintiff may, after the prescribed time, enter final judgment against that defendant for a sum not exceeding that claimed by the writ in respect of the demand and for costs, and proceed with the action against the other defendants, if any. (See App. A, Form 39) (2) A claim shall not be prevented from being treated for the purposes of this rule as a claim for a liquidated demand by reason only that part of the claim is for interest under section 48 of the Ordinance at a rate which is not higher than that payable on judgment debts at the date of the writ. 2. Claim for unliquidated damages (O. 13, r. 2) Where a writ is indorsed with a claim against a defendant for unliquidated damages only, then, if that defendant fails to give notice of intention to defend, the plaintiff may, after the prescribed time, enter interlocutory judgment against that defendant for damages to be assessed and costs, and proceed with the action against the other defendants, if any. (See App. A. Form 40) 3. Claim for detention of goods (O. 13, r. 3) (1) Where a writ is indorsed with a claim against a defendant relating to the detention of goods only, then, if that defendant fails to give notice of intention to defend the plaintiff may, after the prescribed time and subject to Order 42, rule 1A- (a) at his option enter either- (i) interlocutory judgment against that defendant for delivery of the goods or their value to be assessed and costs; or (ii) interlocutory judgment for the value of the goods to be assessed and costs; or (b) apply by summons for judgment against that defendant for delivery of the goods without giving him the alternative of paying their assessed value, and in any case proceed with the action against the other defendants, if any. (See App. A Form 41) (2) A summons under paragraph (1)(b) must be supported by affidavit and notwithstanding Order 65, rule 9, the summons and a copy of the affidavit must be served on the defendant against whom judgment is sought. 4. Claim for possession of land (O. 13, r. 4) (1) Where a writ is indorsed with a claim against a defendant for possession of land only, then, if that defendant fails to give notice of intention to defend the plaintiff may, after the prescribed time, and on producing a certificate by his solicitor, or (if he sues in person) an affidavit, stating that he is not claiming any relief in the action of the nature specified in Order 88, rule 1, enter judgment for possession of the land as against that defendant and costs, and proceed with the action against the other defendants, if any. (See App. A Form 42) (5) Where there is more than one defendant, judgment entered under this rule shall not be enforced against any defendant unless and until judgment for possession of the land has been entered against all the defendants. 5. Mixed claims (O. 13, r. 5) Where a writ issued against any defendant is indorsed with two or more of the claims mentioned in the foregoing rules, and no other claim, then, if that defendant fails to give notice of intention to defend, the plaintiff may, after the prescribed time, enter against that defendant such judgment in respect of any such claim as he would be entitled to enter under those rules if that were the only claim indorsed on the writ and proceed with the action against the other defendants, if any. 6. Other claims (O. 13, r. 6) (1) Where a writ is indorsed with a claim of a description not mentioned in rules 1 to 4, then, if any defendant fails to give notice of intention to defend, the plaintiff may, after the prescribed time and, if that defendant has not acknowledged service, upon filing an affidavit proving due service of the writ on him and, where the statement of claim was not indorsed on or served with the writ, upon serving a statement of claim on him, proceed with the action as if that defendant had given notice of intention to defend. (2) Where a writ issued against a defendant is indorsed as aforesaid, but by reason of the defendant's satisfying the claim or complying with the demands thereof or any other like reason it has become unnecessary for the plaintiff to proceed with the action, then, if the defendant fails to give notice of intention to defend, the plaintiff may, after the prescribed time, enter judgment against that defendant for costs. (3) (Repealed L.N. 99 of 1993) 6A. Prescribed time (O. 13, r. 6A) In the foregoing rules of this Order "the prescribed time" (訂明的時限) in relation to a writ issued against a defendant means the time limited for the defendant to acknowledge service of the writ or, if within that time the defendant has returned to the Registry an acknowledgment of service containing a statement to the effect that he does not intend to contest the proceedings, the date on which the acknowledgment was received at the Registry. 7. Proof of service of writ (O. 13, r. 7) (1) Judgment shall not be entered against a defendant under this Order unless- (a) the defendant has acknowledged service on him of the writ; or (b) an affidavit is filed by or on behalf of the plaintiff proving due service of the writ on the defendant; or (c) the plaintiff produces the writ indorsed by the defendant's solicitor with a statement that he accepts service of the writ on the defendant's behalf. (2) Where, in an action begun by writ, an application is made to the Court for an order affecting a party who has failed to give notice of intention to defend, the Court hearing the application may require to be satisfied in such manner as it thinks fit that the party failed to give such notice. (3) Where, after judgment has been entered under this Order against a defendant purporting to have been served by post under Order 10, rule 1(2)(a), the copy of the writ sent to the defendant is returned to the plaintiff through the post undelivered to the addressee, the plaintiff shall, before taking any step or further step in the action or the enforcement of the judgment, either- (a) make a request for the judgment to be set aside on the ground that the writ has not been duly served, or (b) apply to the Court for directions. (4) A request under paragraph (3)(a) shall be made by producing to an officer of the Registry and leaving with him for filing, an affidavit stating the relevant facts, and thereupon the judgment shall be set aside and the entry of the judgment and of any proceedings for its enforcement made in the book kept in the Registry for that purpose shall be marked accordingly. (5) An application under paragraph (3)(b) shall be made ex parte by affidavit stating the facts on which the application is founded and any order or direction sought, and on the application the Court may- (a) set aside the judgment; or (b) direct that, notwithstanding the return of the copy of the writ, it shall be treated as having been duly served; or (c) make such other order and give such other direction as the circumstances may require. 7A. Judgment against a State (O. 13, r. 7A) (1) Where the defendant is a State, as defined in section 14 of the State Immunity Act 1978 (1978 c. 33 U.K.) ("the Act"), the plaintiff shall not be entitled to enter judgment under this Order except with the leave of the Court. (2) An application for leave to enter judgment shall be supported by an affidavit- (a) stating the grounds of the application, (b) verifying the facts relied on as excepting the State from the immunity conferred by section 1 of the Act, and (c) verifying that the writ has been served by being transmitted to the Chief Secretary for Administration and by him to the Foreign and Commonwealth Office for onward transmission to the State concerned, or in such other manner as may have been agreed to by the State, and that the time for acknowledging service, as extended by section 12(2) of the Act (by two months) where applicable, has expired. (L.N. 362 of 1997) (3) The application may be made ex parte but the Court hearing the application may direct a summons to be issued and served on that State, for which purpose such a direction shall include leave to serve the summons and a copy of the affidavit out of the jurisdiction. (4) Unless the Court otherwise directs, an affidavit for the purposes of this rule may contain statements of information or belief with the sources and grounds thereof, and the grant of leave to enter judgment under this Order shall include leave to serve out of the jurisdiction- (a) a copy of the judgment, and (b) a copy of the affidavit, where not already served. (5) The procedure for effecting service out of the jurisdiction pursuant to leave granted in accordance with the rule shall be the same as for the service of the writ under Order 11, rule 7(1), except where section 12(6) of the Act applies and an alternative method of service has been agreed, 8. Stay of execution on default judgment (O. 13, r. 8) Where judgment for a debt or liquidated demand is entered under this Order against a defendant who has returned to the Registry an acknowledgment of service containing a statement to the effect that, although he does not intend to contest the proceedings, he intends to apply for a stay of execution of the judgment by writ of fieri facias, execution of the judgment by such a writ shall be stayed for a period of 14 days from the acknowledgment of service and, if within that time the defendant issues and serves on the plaintiff a summons for such a stay supported by an affidavit in accordance with Order 47, rule 1, the stay imposed by this rule shall continue until the summons is heard or otherwise disposed of, unless the Court after giving the parties an opportunity of being heard otherwise directs. 9. Setting aside judgment (O. 13, r. 9) Without prejudice to rule 7(3) and (4), the Court may, on such terms as it thinks just, set aside or vary any judgment entered in pursuance of this Order. (Enacted 1988) THE RULES OF THE HIGH COURT - ORDER 14 SUMMARY JUDGMENT VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 1. Application by plaintiff for summary judgment (O. 14, r. 1) (1) Where in an action to which this rule applies a statement of claim has been served on a defendant and that defendant has given notice of intention to defend the action, the plaintiff may, on the ground that that defendant has no defence to a claim included in the writ, or to a particular part of such a claim, or has no defence to such a claim or part except as to the amount of any damages claimed, apply to the Court for judgment against that defendant. (2) Subject to paragraph (3) this rule applies to every action begun by writ other than- (a) an action which includes a claim by the plaintiff for libel, slander, malicious prosecution, false imprisonment or seduction, (b) an action which includes a claim by the plaintiff based on an allegation of fraud, or (c) an Admiralty action in rem. (3) This Order shall not apply to an action to which Order 86 or Order 88 applies. 2. Manner in which application under rule 1 must be made (O. 14, r. 2) (1) An application under rule 1 must be made by summons supported by an affidavit verifying the facts on which the claim, or the part of a claim, to which the application relates is based and stating that in the deponent's belief there is no defence to that claim or part, as the case may be, or no defence except as to the amount of any damages claimed. (2) Unless the Court otherwise directs, an affidavit for the purposes of this rule may contain statements of information or belief with the sources and grounds thereof. (3) The summons, a copy of the affidavit in support and of any exhibits referred to therein must be served on the defendant not less than 10 clear days before the return day. 3. Judgment for plaintiff (O. 14, r. 3) (1) Unless on the hearing of an application under rule 1 either the Court dismisses the application or the defendant satisfies the Court with respect to the claim, or the part of a claim, to which the application relates that there is an issue or question in dispute which ought to be tried or that there ought for some other reason to be a trial of that claim or part, the Court may give such judgment for the plaintiff against that defendant on that claim or part as may be just having regard to the nature of the remedy or relief claimed. (See App. A Form 44) (2) The Court may by order, and subject to such conditions, if any, as may be just, stay execution of any judgment given against a defendant under this rule until after the trial of any counterclaim made or raised by the defendant in the action. 4. Leave to defend (O. 14, r. 4) (1) A defendant may show cause against an application under rule 1 by affidavit or otherwise to the satisfaction of the Court. (2) Rule 2(2) applies for the purposes of this rule as it applies for the purposes of that rule. (3) The Court may give a defendant against whom such an application is made leave to defend the action with respect to the claim, or the part of a claim, to which the application relates either unconditionally or on such terms as to giving security or time or mode of trial or otherwise as it thinks fit. (4) On the hearing of such an application the Court may order a defendant showing cause or, where that defendant is a body corporate, any director, manager, secretary or other similar officer thereof, or any person purporting to act in any such capacity- (a) to produce any document; (b) if it appears to the Court that there are special circumstances which make it desirable that he should do so, to attend and be examined on oath. 5. Application for summary judgment on counterclaim (O. 14, r. 5) (1) Where a defendant to an action begun by writ has served a counterclaim on the plaintiff, then, subject to paragraph (3), the defendant may, on the ground that the plaintiff has no defence to a claim made in the counterclaim, or to a particular part of such a claim, apply to the Court for judgment against the plaintiff on that claim or part. (2) Rules 2, 3 and 4 shall apply in relation to an application under this rule as they apply in relation to an application under rule 1 but with the following modifications, that is to say- (a) references to the plaintiff and defendant shall be construed as references to the defendant and plaintiff respectively; (b) the words in rule 3 (2) "any counterclaim made or raised by the defendant in" shall be omitted; and (c) the reference in rule 4(3) to the action shall be construed as a reference to the counterclaim to which the application under this rule relates. (3) This rule shall not apply to a counterclaim which includes any such claim as is referred to in rule 1(2). 6. Directions (O. 14, r. 6) (1) Where the Court- (a) orders that a defendant or a plaintiff have leave (whether conditional or unconditional) to defend an action or counterclaim, as the case may be, with respect to a claim or a part of a claim, or (b) gives judgment for a plaintiff or a defendant on a claim or part of a claim but also orders that execution of the judgment be stayed pending the trial of a counterclaim or of the action, as the case may be, the Court shall give directions as to the further conduct of the action, and Order 25, rules 2 to 7, shall, with the omission of so much of rule 7(1) as requires parties to serve a notice specifying the orders and directions which they require and with any other necessary modifications, apply as if the application under rule 1 of this Order or rule 5 thereof, as the case may be, on which the order was made were a summons for directions. (2) In particular, and if the parties consent, the Court may direct that the claim in question and any other claim in the action be tried by a master under the provisions of these rules relating to the trial of causes or matters or questions or issues by masters. 7. Costs (O. 14, r. 7) (1) If the plaintiff makes an application under rule 1 where the case is not within this Order or if it appears to the Court that the plaintiff knew that the defendant relied on a contention which would entitle him to unconditional leave to defend, then, without prejudice to Order 62 and in particular to rule 4(1) thereof, the Court may dismiss the application with costs and may require the costs to be paid by him forthwith. (2) The Court shall have the same power to dismiss an application under rule 5 as it has under paragraph (1) to dismiss an application under rule 1, and that paragraph shall apply accordingly with the necessary modifications. 8. Right to proceed with residue of action or counterclaim (O. 14, r. 8) (1) Where on an application under rule 1 the plaintiff obtains judgment on a claim or a part of a claim against any defendant, he may proceed with the action as respects any other claim or as respects the remainder of the claim or against any other defendant. (2) Where on an application under rule 5 a defendant obtains judgment on a claim or part of a claim made in a counterclaim against the plaintiff, he may proceed with the counterclaim as respects any other claim or as respects the remainder of the claim or against any other defendant to the counterclaim. 9. Judgment for delivery up of chattel (O. 14, r. 9) Where the claim to which an application under rule 1 or rule 5 relates is for the delivery up of a specific chattel and the Court gives judgment under this Order for the applicant, it shall have the same power to order the party against whom judgment is given to deliver up the chattel without giving him an option to retain it on paying the assessed value thereof as if the judgment had been given after trial. 10. Relief against forfeiture (O. 14, r. 10) A tenant shall have the same right to apply for relief after judgment for possession of land on the ground of forfeiture for non-payment of rent has been given under this Order as if the judgment had been given after trial. 11. Setting aside judgment (O. 14, r. 11) Any judgment given against a party who does not appear at the hearing of an application under rule 1 or rule 5 may be set aside or varied by the Court on such terms as it thinks just. (Enacted 1988) THE RULES OF THE HIGH COURT - ORDER 14A DISPOSAL OF CASE ON POINT OF LAW VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 1. Determination of questions of law or construction (O. 14A, r. 1) (1) The Court may upon the application of a party or of its own motion determine any question of law or construction of any document arising in any cause or matter at any stage of the proceedings where it appears to the Court that- (a) such question is suitable for determination without a full trial of the action; and (b) such determination will finally determine (subject only to any possible appeal) the entire cause or matter or any claim or issue therein. (2) Upon such determination the Court may dismiss the cause or matter or make such order or judgment as it thinks just. (3) The Court shall not determine any question under this Order unless the parties have either- (a) had an opportunity of being heard on the question; or (b) consented to an order or judgment on such determination. (4) The jurisdiction of the Court under this Order may be exercised by a master. (5) Nothing in this Order shall limit the powers of the Court under Order 18, rule 19 or any other provision of these rules. 2. Manner in which application under rule 1 may be made (O. 14A, r. 2) An application under rule 1 may be made by summons or motion or (notwithstanding Order 32, rule 1) may be made orally in the course of any interlocutory application to the Court. (L.N. 165 of 1992) THE RULES OF THE HIGH COURT - ORDER 15 CAUSES OF ACTION, COUNTERCLAIMS AND PARTIES VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 1. Joinder of causes of action (O. 15, r. 1) (1) Subject to rule 5(1), a plaintiff may in one action claim relief against the same defendant in respect of more than one cause of action- (a) if the plaintiff claims, and the defendant is alleged to be liable, in the same capacity in respect of all the causes of action, or (b) if the plaintiff claims or the defendant is alleged to be liable in the capacity of executor or administrator of an estate in respect of one or more of the causes of action and in his personal capacity but with reference to the same estate in respect of all the others, or (c) with the leave of the Court. (2) An application for leave under this rule must be made ex parte by affidavit before the issue of the writ or originating summons, as the case may be, and the affidavit must state the grounds of the application. 2. Counterclaim against plaintiff (O. 15, r. 2) (1) Subject to rule 5(2), a defendant in any action who alleges that he has any claim or is entitled to any relief or remedy against a plaintiff in the action in respect of any matter (whenever and however arising) may, instead of bringing a separate action, make a counterclaim in respect of that matter; and where he does so he must add the counterclaim to his defence. (2) Rule 1 shall apply in relation to a counterclaim as if the counterclaim were a separate action and as if the person making the counterclaim were the plaintiff and the person against whom it is made a defendant. (3) A counterclaim may be proceeded with notwithstanding that judgment is given for the plaintiff in the action or that the action is stayed, discontinued or dismissed. (4) Where a defendant establishes a counterclaim against the claim of the plaintiff and there is a balance in favour of one of the parties, the Court may give judgment for the balance, so, however, that this provision shall not be taken as affecting the Court's discretion with respect to costs. 3. Counterclaim against additional parties (O. 15, r. 3) (1) Where a defendant to an action who makes a counter-claim against the plaintiff alleges that any other person (whether or not a party to the action) is liable to him along with the plaintiff in respect of the subject-matter of the counterclaim, or claims against such other person any relief relating to or connected with the original subject-matter of the action, then, subject to rule 5(2), he may join that other person as a party against whom the counter-claim is made. (2) Where a defendant joins a person as a party against whom he makes a counterclaim, he must add that person's name to the title of the action and serve on him a copy of the counterclaim and, in the, case of a person who is not already a party to the action, the defendant must issue the counterclaim out of the Registry and serve on the person concerned a sealed copy of the counterclaim together with a form of acknowledgment of service in Form No. 14 in Appendix A (with such modifications as the circumstances may require) and a copy of the writ or originating summons by which the action was begun and of all other pleadings served in the action; and a person on whom a copy of a counterclaim is served under this paragraph shall, if he is not already a party to the action, become a party to it as from the time of service with the same rights in respect of his defence to the counterclaim and otherwise as if he had been duly sued in the ordinary way by the party making the counterclaim. (3) A defendant who is required by paragraph (2) to serve a copy of the counterclaim made by him on any person who before service is already a party to the action must do so within the period within which, by virtue of Order 18, rule 2, he must serve on the plaintiff the defence to which the counterclaim is added. (4) The appropriate office for issuing and acknowledging service of a counterclaim against a person who is not already a party to the action is the Registry. (5) Where by virtue of paragraph (2) a copy of a counterclaim is required to be served on a person who is not already a party to the action, the following provisions of these rules, namely, Order 6, rule 7(3) and (5), Order 10, Order 11, Orders 12 and 13 and Order 75, rule 4, shall, subject to the last foregoing paragraph, apply in relation to the counterclaim and the proceedings arising from it as if- (a) the counterclaim were a writ and the proceedings arising from it in an action; and (b) the party making the counterclaim were a plaintiff and the party against whom it is made a defendant in that action. (5A) Where by virtue of paragraph (2) a copy of a counterclaim is required to be served on any person other than the plaintiff, who before service is already a party to the action, the provisions of Order 14, rule 5 shall apply in relation to the counterclaim and the proceedings arising therefrom, as if the party against whom the counterclaim is made were the plaintiff in the action. (L.N. 363 of 1990) (6) A copy of a counterclaim required to be served on a person who is not already a party to the action must be indorsed with a notice, in Form No. 17 in Appendix A, addressed to that person. (L.N. 404 of 1991) 4. Joinder of parties (O. 15, r. 4) (1) Subject to rule 5(1), two or more persons may be joined together in one action as plaintiffs or as defendants with the leave of the Court or where- (a) if separate actions were brought by or against each of them, as the case may be, some common question of law or fact would arise in all the actions, and (b) all rights to relief claimed in the action (whether they are joint, several or alternative) are in respect of or arise out of the same transaction or series of transactions. (2) Where the plaintiff in any action claims any relief to which any other person is entitled jointly with him, all persons so entitled must, subject to the provisions of any written law and unless the Court gives leave to the contrary, be parties to the action and any of them who does not consent to being joined as a plaintiff must, subject to any order made by the Court on an application for leave under this paragraph, be made a defendant. This paragraph shall not apply to a probate action. (HK)(3) Where relief is claimed in an action against a defendant who is jointly liable with some other person and also severally liable, that other person need not be made a defendant to the action; but where persons are jointly, but not severally, liable under a contract and relief is claimed against some but not all of those persons in an action in respect of that contract, the Court may, on the application of any defendant to the action, by order stay proceedings in the action until the other persons so liable are added as defendants. 5. Court may order separate trials, etc. (O. 15, r. 5) (1) If claims in respect of two or more causes of action are included by a plaintiff in the same action or by a defendant in a counterclaim, or if two or more plaintiffs or defendants are parties to the same action, and it appears to the Court that the joinder of causes of action or of parties, as the case may be, may embarrass or delay the trial or is otherwise inconvenient, the Court may order separate trials or make such other order as may be expedient. (2) If it appears on the application of any party against whom a counterclaim is made that the subject-matter of the counterclaim ought for any reason to be disposed of by a separate action, the Court may order the counterclaim to be struck out or may order it to be tried separately or make such other order as may be expedient. 6. Misjoinder and nonjoinder of parties (O. 15, r. 6) (1) No cause or matter shall be defeated by reason of the misjoinder or nonjoinder of any party; and the Court may in any cause or matter determine the issues or questions in dispute so far as they affect the rights and interests of the persons who are parties to the cause or matter. (L.N. 167 of 1994) (2) Subject to the provision of this rule, at any stage of the proceedings in any cause or matter the Court may on such terms as it thinks just and either of its own motion or on application- (a) order any person who has been improperly or unnecessarily made a party or who has for any reason ceased to be a proper or necessary party, to cease to be a party; (b) order any of the following persons to be added as a party, namely- (i) any person who ought to have been joined as a party or whose presence before the Court is necessary to ensure that all matters in dispute in the cause or matter may be effectually and completely determined and adjudicated upon, or (ii) any person between whom and any party to the cause or matter there may exist a question or issue arising out of or relating to or connected with any relief or remedy claimed in the cause or matter which in the opinion of the Court it would be just and convenient to determine as between him and that party as well as between the parties to the cause or matter. (3) An application by any person for an order under paragraph (2) adding him as a party must, except with the leave of the Court, be supported by an affidavit showing his interest in the matters in dispute in the cause or matter or, as the case may be, the question or issue to be determined as between him and any party to the cause or matter. (4) No person shall be added as a plaintiff without his consent signified in writing or in such other manner as may be authorized. (5) No person shall be added or substituted as a party after the expiry of any relevant period of limitation unless either- (a) the relevant period was current at the date when proceedings were commenced and it is necessary for the determination of the action that the new party should be added, or substituted; or (b) the relevant period arises under the provisions of section 27 or 28 of the Limitation Ordinance (Cap 347) and the Court directs that those provisions should not apply to the action by or against the new party. In this paragraph "any relevant period of limitation" (任何有關的時效期) means a time limit under the Limitation Ordinance (Cap 347). (6) The addition or substitution of a new party shall be treated as necessary for the purposes of paragraph (5)(a) if, and only if, the Court is satisfied that- (a) the new party is a necessary party to the action in that property is vested in him at law or in equity and the plaintiff's claim in respect of an equitable interest in that property is liable to be defeated unless the new party is joined, or (b) the relevant cause of action is vested in the new party and the plaintiff jointly but not severally, or (c) the new party is the Secretary for Justice and the proceedings should have been brought by relator proceedings in his name, or (L.N. 362 of 1997) (d) the new party is a company in which the plaintiff is a shareholder and on whose behalf the plaintiff is suing to enforce a right vested in the company, or (e) the new party is sued jointly with the defendant and is not also liable severally with him and failure to join the new party might render the claim unenforceable. 6A. Proceedings by and against estates (O. 15, r. 6A) (1) Where any person against whom an action would have lain has died but the cause of action survives, the action may, if no grant of probate or administration has been made, be brought against the estate of the deceased. (2) Without prejudice to the generality of paragraph (1), an action brought against "the personal representatives of A.B. deceased" shall be treated, for the purposes of that paragraph, as having been brought against his estate. (3) An action purporting to have been commenced by or against a person shall be treated, if he was dead at its commencement and the cause of action survives, as having been commenced by his estate or against it in accordance with paragraph (1) as the case may be, whether or not a grant of probate or administration was made before its commencement. (L.N. 363 of 1990) (4) In any such action as is referred to in paragraph (1) or (3)- (a) the plaintiff shall, and the defendant, the personal representatives of the deceased or any person interested in the deceased's estate may, during the period of validity for service of the writ or originating summons, apply to the Court for an order appointing a person to represent the deceased's estate for the purpose of the proceedings or, if a grant of probate or administration has been made, for an order that the personal representative of the deceased be made a party to the proceedings, and in either case for an order that the proceedings be carried on against the person so appointed or, as the case may be, against the personal representative, as if he had been substituted for the estate; (L.N. 363 of 1990) (b) the Court may, at any stage of the proceedings and on such terms as it thinks just and either of its own motion or on application, make any such order as is mentioned in sub-paragraph (a) and allow such amendments (if any) to be made and make such other order as the Court thinks necessary in order to ensure that all matters in dispute in the proceedings may be effectually and completely determined and adjudicated upon. (5) Before making an order under paragraph (4) the Court may require notice to be given to any insurer of the deceased who has an interest in the proceedings and to such (if any) of the persons having an interest in the estate as it thinks fit. (5A) Where an order is made under paragraph (4) at the instance of a plaintiff appointing the Official Solicitor to represent the deceased's estate, the appointment shall be limited to his accepting service of the writ or originating summons by which the action was begun unless, either on making such an order or on a subsequent application, the Court, with the consent of the Official Solicitor, directs that the appointment shall extend to taking further steps in the proceedings. (L.N. 363 of 1990; L.N. 375 of 1991) (6) Where an order is made under paragraph (4), rules 7(4) and 8(3) and (4) shall apply as if the order had been made under rule 7 on the application of the plaintiff. (7) Where no grant of probate or administration has been made, any judgment or order given or made in the proceedings shall bind the estate to the same extent as it would have been bound if a grant had been made and a personal representative of the deceased had been a party to the proceedings. (L.N. 363 of 1990) 7. Change of parties by reason of death, etc. (O. 15, r. 7) (1) Where a party to an action dies or becomes bankrupt but the cause of action survives, the action shall not abate by reason of the death or bankruptcy. (2) Where at any stage of the proceedings in any cause or matter the interest or liability of any party is assigned or transmitted to or devolves upon some other person, the Court may, if it thinks it necessary in order to ensure that all matters in dispute in the cause or matter may be effectually and completely determined and adjudicated upon, order that other person to be made a party to the cause or matter and the proceedings to be carried on as if he had been substituted for the first mentioned party. An application for an order under this paragraph may be made ex parte. (3) An order may be made under this rule for a person to be made a party to a cause or matter notwithstanding that he is already a party to it on the other side of the record, or on the same side but in a different capacity; but- (a) if he is already a party on the other side, the order shall be treated as containing a direction that he shall cease to be a party on that other side, and (b) if he is already a party on the same side but in another capacity, the order may contain a direction that he shall cease to be a party in that other capacity. (4) The person on whose application an order is made under this rule must procure the order to be noted in the cause book, and after the order has been so noted that person must, unless the Court otherwise directs, serve the order on every other person who is a party to the cause or matter or who becomes or ceases to be a party by virtue of the order and serve with the order on any person who becomes a defendant a copy of the writ or originating summons by which the cause or matter was begun and of all other pleadings served in the proceedings and a form of acknowledgment of service in Form No. 14 or 15 in Appendix A, whichever is appropriate. (L.N. 404 of 1991) (5) Any application to the Court by a person served with an order made ex parte under this rule for the discharge or variation of the order must be made within 14 days after the service of the order on that person. 8. Provisions consequential on making of order under rule 6 or 7 (O. 15, r. 8) (1) Where an order is made under rule 6 the writ by which the action in question was begun must be amended accordingly and must be indorsed with- (a) a reference to the order in pursuance of which the amendment is made, and (b) the date on which the amendment is made; and the amendment must be made within such period as may be specified in the order or, if no period is so specified, within 14 days after the making of the order. (2) Where by an order under rule 6 a person is to be made a defendant, the rules as to service of a writ of summons shall apply accordingly to service of the amended writ on him, but before serving the writ on him the person on whose application the order was made must procure the order to be noted in the cause book. (2A) Together with the writ of summons served under paragraph (2) shall be served a copy of all other pleadings served in the action. (L.N. 404 of 1991) (3) Where by an order under rule 6 or 7 a person is to be made a defendant, the rules as to acknowledgment of service shall apply accordingly to acknowledgment of service by him subject, in the case of a person to be made a defendant by an order under rule 7, to the modification that the time limited for acknowledging service shall begin with the date on which the order is served on him under rule 7(4) or, if the order is not required to be served on him, with the date on which the order is noted in the cause book. (4) Where by an order under rule 6 or 7 a person is to be added as a party or is to be made a party in substitution for some other party, that person shall not become a party until- (a) where the order is made under rule 6, the writ has been amended in relation to him under this rule and (if he is a defendant) has been served on him, or (b) where the order is made under rule 7, the order has been served on him under rule 7(4) or, if the order is not required to be served on him, the order has been noted in the cause book; and where by virtue of the foregoing provision a person becomes a party in substitution for some other party, all things done in the course of the proceedings before the making of the order shall have effect in relation to the new party as they had in relation to the old except that acknowledgment of service by the old party shall not dispense with acknowledgment of service by the new. (5) The foregoing provisions of this rule shall apply in relation to an action begun by originating summons as they apply in relation to an action begun by writ. 9. Failure to proceed after death of party (O. 15, r. 9) (1) If after the death of a plaintiff or defendant in any action the cause of action survives, but no order under rule 7 is made substituting as plaintiff any person in whom the cause of action vests or, as the case may be, the personal representatives of the deceased defendant, the defendant or, as the case may be, those representatives may apply to the Court for an order that unless the action is proceeded with within such time as may be specified in the order the action shall be struck out as against the plaintiff or defendant, as the case may be, who has died; but where it is the plaintiff who has died, the Court shall not make an order under this rule unless satisfied that due notice of the application has been given to the personal representatives (if any) of the deceased plaintiff and to any other interested persons who, in the opinion of the Court, should be notified. (2) Where in any action a counterclaim is made by a defendant, this rule shall apply in relation to the counterclaim as if the counterclaim were a separate action and as if the defendant making the counterclaim were the plaintiff and the person against whom it is made a defendant. 10. Actions for possession of land (O. 15, r. 10) (1) Without prejudice to rule 6, the Court may at any stage of the proceedings in an action for possession of land order any person not a party to the action who is in possession of the land (whether in actual possession or by a tenant) to be added as a defendant. (2) An application by any person for an order under this rule may be made ex parte, supported by an affidavit showing that he is in possession of the land in question and if by a tenant, naming him. The affidavit shall specify the applicant's address for service and Order 12, rule 3(2), (3) and (4), shall apply as if the affidavit were an acknowledgment of service. (3) A person added as a defendant by an order under this rule must serve on the plaintiff a copy of the order giving the added defendant's address for service specified in accordance with paragraph (2). 10A. (Repealed L.N. 127 of 1995) 11. Relator actions (O. 15, r. 11) Before the name of any person is used in any action as relator, that person must give a written authorization so to use his name to his solicitor and the authorization must be filed in the Registry. 12. Representative proceedings (O. 15, r. 12) (1) Where numerous persons have the same interest in any proceedings, not being such proceedings as are mentioned in rule 13, the proceedings may be begun, and, unless the Court otherwise orders, continued, by or against any one or more of them as representing all or as representing all except one or more of them. (2) At any stage of proceedings under this rule the Court may, on the application of the plaintiff, and on such terms, if any, as it thinks fit, appoint any one or more of the defendants or other persons as representing whom the defendants are sued to represent all, or all except one or more, of those persons in the proceedings; and where, in exercise of the power conferred by this paragraph, the Court appoints a person not named as a defendant, it shall make an order under rule 6 adding that person as a defendant. (3) A judgment or order given in proceedings under this rule shall be binding on all the persons as representing whom the plaintiffs sue or, as the case may be, the defendants are sued, but shall not be enforced against any person not a party to the proceedings except with the leave of the Court. (4) An application for the grant of leave under paragraph (3) must be made by summons which must be served personally on the person against whom it is sought to enforce the judgment or order. (5) Notwithstanding that a judgment or order to which any such application relates is binding on the person against whom the application is made, that person may dispute liability to have the judgment or order enforced against him on the ground that by reason of facts and matters particular to his case he is entitled to be exempted from such liability. (6) The Court hearing an application for the grant of leave under paragraph (3) may order the question whether the judgment or order is enforceable against the person against whom the application is made to be tried and determined in any manner in which any issue or question in an action may be tried and determined. 13. Representation of interested persons who cannot be ascertained, etc. (O. 15, r. 13) (1) In any proceedings concerning- (a) the estate of a deceased person, or (b) property subject to a trust, or (c) the construction of a written instrument, including an Ordinance or any other written law, the Court, if satisfied that it is expedient so to do, and that one or more of the conditions specified in paragraph (2) are satisfied, may appoint one or more persons to represent any person (including an unborn person) or class who is or may be interested (whether presently or for any future, contingent or unascertained interest) in or affected by the proceedings. (2) The conditions for the exercise of the power conferred by paragraph (1) are as follows- (a) that the person, the class or some member of the class, cannot be ascertained or cannot readily be ascertained; (b) that the person, class or some member of the class, though ascertained, cannot be found; (c) that, though the person or the class and the members thereof can be ascertained and found, it appears to the Court expedient (regard being had to all the circumstances, including the amount at stake and the degree of difficulty of the point to be determined) to exercise the power for the purpose of saving expense. (3) Where in any proceedings to which paragraph (1) applies, the Court exercises the power conferred by that paragraph, a judgment or order of the Court given or made when the person or persons appointed in exercise of that power are before the Court shall be binding on the person or class represented by the person or persons so appointed. (4) Where, in any such proceedings, a compromise is proposed and some of the persons who are interested in, or who may be affected by, the compromise are not parties to the proceedings (including unborn or unascertained persons) but- (a) there is some other person in the same interest before the Court who assents to the compromise or on whose behalf the Court sanctions the compromise, or (b) the absent persons are represented by a person appointed under paragraph (1) who so assents, the Court, if satisfied that the compromise will be for the benefit of the absent persons and that it is expedient to exercise this power, may approve the compromise and order that it shall be binding on the absent persons, and they shall be bound accordingly except where the order has been obtained by fraud or non-disclosure of material facts. 13A. Notice of action to non-parties (O. 15, r. 13A) (1) At any stage in an action to which this rule applies, the Court may, on the application of any party or of its own motion, direct that notice of the action be served on any person who is not a party thereto but who will or may be affected by any judgment given therein. (2) An application under this rule may be made ex parte and shall be supported by an affidavit stating the grounds of the application. (3) Every notice of an action under this rule shall be in Form No. 52 in Appendix A and the copy to be served shall be a sealed copy and accompanied by a copy of the originating summons or writ and of all other pleadings served in the action, and by a form of acknowledgment of service in Form No. 14 or 15 in Appendix A with such modifications as may be appropriate. (4) A person may, within 14 days of service on him of a notice under this rule, acknowledge service of the writ or originating summons and shall thereupon become a party to the action, but in default of such acknowledgment and subject to paragraph (5) he shall be bound by any judgment given in the action as if he was a party thereto. (5) If at any time after service of such notice on any person the writ or originating summons is amended so as substantially to alter the relief claimed, the Court may direct that the judgment shall not bind such person unless a further notice together with a copy of the amended writ or originating summons is issued and served upon him under this rule. (6) This rule applies to any action relating to- (a) the estate of a deceased person; or (b) property subject to a trust. (7) Order 6, rule 7(3) and (5) shall apply in relation to a notice of an action under this rule as if the notice were a writ and the person by whom the notice is issued were the plaintiff. (L.N. 404 of 1991) 14. Representation of beneficiaries by trustees, etc. (O. 15, r. 14) (1) Any proceedings, including proceedings to enforce a security by foreclosure or otherwise, may be brought by or against trustees, executors or administrators in their capacity as such without joining any of the persons having a beneficial interest in the trust or estate, as the case may be; and any judgment or order given or made in those proceedings shall be binding on those persons unless the Court in the same or other proceedings otherwise orders on the ground that the trustees, executors or administrators, as the case may be, could not or did not in fact represent the interests of those persons in the first-mentioned proceedings. (2) Paragraph (1) is without prejudice to the power of the Court to order any person having such an interest as aforesaid to be made a party to the proceedings or to make an order under rule 13. 15. Representation of deceased person interested in proceedings (O. 15, r. 15) (1) Where in any proceedings it appears to the Court that a deceased person was interested in the matter in question in the proceedings and that he has no personal representative, the Court may, on the application of any party to the proceedings, proceed in the absence of a person representing the estate of the deceased person or may by order appoint a person to represent that estate for the purposes of the proceedings; and any such order, and any judgment or order subsequently given or made in the proceedings, shall bind the estate of the deceased person to the same extent as it would have been bound had a personal representative of that person been a party to the proceedings. (2) Before making an order under this rule, the Court may require notice of the application for the order to be given to such (if any) of the persons having an interest in the estate as it thinks fit. 16. Declaratory judgment (O. 15, r. 16) No action or other proceeding shall be open to objection on the ground that a merely declaratory judgment or order is sought thereby, and the Court may make binding declarations of right whether or not any consequential relief is or could be claimed. 17. Conduct of proceedings (O. 15, r. 17) The Court may give the conduct of any action, inquiry or other proceedings to such person as it thinks fit. (Enacted 1988) THE RULES OF THE HIGH COURT - ORDER 16 THIRD PARTY AND SIMILAR PROCEEDINGS VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 1. Third party notice (O. 16, r. 1) (1) Where in any action a defendant who has given notice of intention to defend- (a) claims against a person not already a party to the action any contribution or indemnity; or (b) claims against such a person any relief or remedy relating to or connected with the original subject-matter of the action and substantially the same as some relief or remedy claimed by the plaintiff, or (c) requires that any question or issue relating to or connected with the original subject-matter of the action should be determined not only as between the plaintiff and the defendant but also as between either or both of them and a person not already a party to the action; then, subject to paragraph (2), the defendant may issue a notice in Form No. 20 or 21 in Appendix A, whichever is appropriate (in this Order referred to as a third party notice), containing a statement of the nature of the claim made against him and, as the case may be, either of the nature and grounds of the claim made by him or of the question or issue required to be determined. (2) A defendant to an action may not issue a third party notice without the leave of the Court unless the action was begun by writ and he issues the notice before serving his defence on the plaintiff. (3) Where a third party notice is served on the person against whom it is issued, he shall as from the time of service be a party to the action (in this Order referred to as a third party) with the same rights in respect of his defence against any claim made against him in the notice and otherwise as if he had been duly sued in the ordinary way by the defendant by whom the notice is issued. 2. Application for leave to issue third party notice (O. 16, r. 2) (1) Application for leave to issue a third party notice may be made ex parte but the Court may direct a summons for leave to be issued. (2) An application for leave to issue a third party notice must be supported by an affidavit stating- (a) the nature of the claim made by the plaintiff in the action; (b) the stage which proceedings in the action have reached; (c) the nature of the claim made by the applicant or particulars of the question or issue required to be determined, as the case may be, and the facts on which the proposed third party notice is based; and (d) the name and address of the person against whom the third party notice is to be issued. 3. Issue, service and acknowledgment of service, of third party notice (O. 16, r. 3) (1) The order granting leave to issue a third party notice may contain directions as to the period within which the notice is to be issued. (2) There must be served with every third party notice a copy of the writ or originating summons by which the action was begun and of the pleadings (if any) served in the action and a form of acknowledgment of service in Form No. 14 in Appendix A with such modifications as may be appropriate. (3) The appropriate office for acknowledging service of a third party notice is the Registry. (4) Subject to the foregoing provisions of this rule, the following provisions of these rules, namely, Order 6, rule 7(3) and (5), Order 10, Order 11, Order 12 and Order 75, rule 4, shall apply in relation to a third party notice and to the proceedings begun thereby as if- (a) the third party notice were a writ and the proceedings begun thereby an action; and (b) the defendant issuing the third party notice were a plaintiff and the person against whom it is issued a defendant in that action: Provided that in the application of Order 11, rule 1(1)(c) leave may be granted to serve a third party notice outside the jurisdiction on any necessary or proper party to the proceedings brought against the defendant. 4. Third party directions (O. 16, r. 4) (1) If the third party gives notice of intention to defend, the defendant who issued the third party notice must, by summons to be served on all the other parties to the action, apply to the Court for directions. (2) If no summons is served on the third party under paragraph (1), the third party may, not earlier than 7 days after giving notice of intention to defend, by summons to be served on all the other parties to the action, apply to the Court for directions or for an order to set aside the third party notice. (3) On an application for directions under this rule the Court may- (a) if the liability of the third party to the defendant who issued the third party notice is established on the hearing, order such judgment as the nature of the case may require to be entered against the third party in favou