|
|
Practice Directions |
ENDORSEMENTS
IN THE CHINESE LANGUAGE
TO BE MADE ON COURT DOCUMENTS
1. This Practice Direction shall apply to the court forms set out in App.A to the Rules of the Supreme Court Cap.4) and in the Second Schedule to the District Court Civil Procedure (Forms) Rules (Cap.336).
2. This Practice Direction shall apply to a party or intending party to an action proposing to serve a court form on a party or intended party who is likely to be Chinese-speaking and who may not be proficient in English.
3. The party or intending party proposing to serve in the circumstances set out in para.2 hereof shall:
(a) ensure that the court form is accompanied by the appropriate Chinese language version as set out in the respective rules of court referred to in para.1 hereof;
(b) ensure that the Chinese language version is completed as to formal particulars identifying the cause and giving the names and addresses of parties and relevant dates;
(c) where there is no prescribed Chinese language version of a particular court form, ensure that a brief explanation in Chinese of the purpose of the form is prominently endorsed upon it;
(d) where the form requires the completion of other than formal particulars, as set out in the First and Second Schedules hereto, include a summary in Chinese of the relief claimed or other particulars required; and
(e) ensure in any event that the dates and effects of any time limit sought to be imposed are briefly explained in Chinese.
4. Every court form intended to be served in the circumstances set out in para.2 hereof shall in addition be prominently endorsed in Chinese with the following:
因這是法律文件﹐忽視它可帶來嚴重的後果。如有疑問﹐請儘早向發出文件的法庭登記處(地址)查詢。你亦應考慮聽取律師的意見或是申請法律援助。
(This is legal document. The consequences of ignoring it may be serious. If in doubt, you should enquire as soon as possible at the Registry of the Court issuing the document, namely (insert address). You should also consider taking the advice of a solicitor or applying for legal aid.)5. This Practice Direction shall have effect from 1 October 1991.
SCHEDULE I
RULES OF THE SUPREME COURT
Appendix A : Forms
Form No. Title et Form The special particulars required to be filled in Form 1 Writ of summons (1) statement of claim Form 8 Originating summons - general form (1) plaintiff's claim or questions sought to be determined Form 10 Originating summons - expedited form (1) plaintiff's application Form 13 Notice of originating motion (1) order or relief applied for (2)
grounds of application or appeal Form 20 Third party notice claiming contribution or indemnity or other relief or remedy or other relief or remedy (1) respective claims of plaintiff and defendant (2)
relief or remedy sought Form 21 Third party notice where question or issue to be determined (1) question or issue sought to be determined (2) relief or remedy sought Form 23 Notice of payment into court (1) cause of action Form 38 Notice of Motion (1) the motion Form 46 Judgment after trial before judge with jury (1) finding of jury (2)
judgment of the Court Form 48 Judgment after decision of preliminary issue (1) finding of the court (2)
order of the court Form 49 Judgment for liquidated sum against personal representative (1) order of the court Form 50 Judgment for defendant's costs on discontinuance (1) plaintiff's claim Form 51 Judgment for costs after acceptance of money paid into court (1) plaintiff's cause of action Form 52 Notice of judgment or order (1)
judgment or order of the court Form 85 Order of committal (1) particulars of the contempt (2)
terms requiring defendant to comply with for not executing the order of the court Form 86A Notice of application for leave to apply for Judicial Review (1) judgment, order, decision or other proceeding in respect of which relief is sought (2) relief sought (3) grounds on which relief is sought Form 102 Order of issue of warrant of arrest for examination (1) conditions other than specified in the Form upon which the bailiff is authorised to release the Judgment Debtor Form 103 Order of imprisonment pending further examination (1) conditions other than those specified in the Form upon which the bailiff is authorised to release the Judgment Debtor Form 106 Order prohibiting departure from Hong Kong (1) conditions other than those specified in the Form upon which the order shall have no effect
Appendix A : Special Admiralty Forms
Form 3 Warrant of arrest (1) plaintiff's claim
SCHEDULE II
DISTRICT COURT CIVIL PROCEDURE (FORMS) RULES
Form No. Title of Form The special particulars required to be filled in Form 4 Writ - Debt or Liquidated Damages (1)
particulars of the debit or liquidated damages Form 5 Writ - Debt or Liquidated Damages (1)
particulars of claim Form 5A Notice to be served with writ (1)
reasons for defendant's disputing plaintiff's claim (2) defendant's counter-claim. Form 6 Writ - Recovery of immovable property (1) particulars of claim Form 7 Writ - Recovery of immovable property (1) particulars of claim Form 8 Writ - General (1) particulars of claim