Practice Directions

PRACTICE DIRECTION 19.2

SERVICE OF DOCUMENTS BY POST:
ORDINARY COURSE OF POST

1. Under Section 8 of the Interpretation of General Clauses Ordinance, Cap. 1, service by post is deemed to have been effected, unless the contrary is proved, at the time at which the document or notice would be delivered in the ordinary course of post.

2. To avoid uncertainty as to the date of service, delivery in the ordinary course of post under the relevant rules of court governing proceedings in the High Court, District Court, Lands Tribunal and Family Court, shall be deemed, subject to proof to the contrary, to have been effected:

(a) in the case of registered post, on the fourth working day after posting; and

(b) in the case of ordinary post, on the second working day after posting.

"Working day" shall mean any day of the week excluding Sundays, public holidays, and gale warning days or black rainstorm warning days as defined in Section 71(2) of the Interpretation and General Clauses Ordinance, Cap. 1 and published in the Gazette.

3. Affidavits of service shall state whether the document was dispatched by registered or ordinary post. If this information is omitted, it shall be assumed that ordinary post was used.

4. The President of the Lands Tribunal has determined, pursuant to section 10(4)(b) of the Lands Tribunal Ordinance, that these Practice Directions shall apply to proceedings in the Lands Tribunal.

5. Nothing in this Practice Direction shall be taken to affect the provisions relating to service of originating process under the relevant rules of court.

6. This Practice Direction will take effect on 2nd October 2003.

Dated this 23rd day of August 2003.