|
Toggle Nav
Hong Kong Civil Court Practice – Desk Edition 2023
Author: Julienne Jen
Hong Kong Civil Court Practice is a collaborative effort, first published in 1994. It states the full up-to-date text of the Rules of the High Court in Hong Kong along with full commentary. Notable contributors to this essential reference work in Hong Kong civil procedure include accomplished practitioners and academics alike. Hong Kong Civil Court Practice is the original reference work on the Hong Kong Rules and has been updated more than 100 times since its first publication.
Publication Date: January 2023
Publisher: LexisNexis
This 2023 edition includes some major updates as follows:
- Consolidation of pending actions - The court’s discretion to consolidate pending actions is ‘unfettered’: Yu Quan Li and Anor v Suen Kin Wing [2022] HKCU 2205, [2022] HKCFI 1364;
- Summary judgment and default judgment - A summary judgment application is taken out where a defendant failed to give notice of intention to defend would be dismissed by the court. See Sum Chi Chung v Tsang Kwok Hung [2022] HKCU 306, [2022] HKCFI 166;
- Security for costs (time to give security) - The court summarised the relevant legal principles governing the extension of time to provide security in Two Way Media Ltd v PCCW Ltd and Ors [2022] HKCU 1712, [2022] HKCFI 1130.
- Trial by jury - Slander is one type of case where trial by jury would be appropriate. Ho Kwan Yiu v Dennis Kwok Ying Hang [2022] 2 HKLRD 1137, [2022] HKCU 1233, [2022] HKCFI 779 is an example and this is referred to in the revised commentary covering s 33A(1) of the High Court Ordinance (Cap 4);
- Power to set aside judgment given in absence of party - The circumstances where a court would allow a hearing are discussed in Ng Nim Chung, Deceased & Anor v Ng Wing Man Terry [2022] 3 HKC 352, [2022] HKCFI 673; and
- Address for service of the party giving notice of intention to act in person - In Ng Sew Hoi and Anor v Chong Yin Sing and Anor [2022] HKCU 1461, [2022] HKCFI 910, the court did not strictly enforce the rule to require the 2nd plaintiff to give a Hong Kong service address and made a general order for substituted service of all future documents on the 2nd plaintiff to be sent by email.
Contents
List of Contributors .................................................................................................... v
Preface ...................................................................................................................... xi
Table of Cases ........................................................................................................ xvii
Table of Statutes .......................................................................................................cci
Order 1 Citation, Application, Interpretation and Forms 1
Order 1A Objectives 10
Order 1B Case Management Powers 28
Order 2 Effect of Non-Compliance 37
Order 3 Time 46
Order 4 Assignment, Transfer and Consolidation
of Proceedings 54
Order 5 Mode of Beginning Civil Proceedings in the
Court of First Instance 57
Order 6 Writs of Summons: General Provisions 63
Order 7 Originating Summons: General Provisions 72
Order 8 Originating and Other Motions: General Provisions 76
Order 9 Petitions: General Provisions 78
Order 10 Service of Originating Process: General Provisions 80
Order 11 Service of Process, etc., Out of the Jurisdiction 89
Order 12 Acknowledgment of Service of Writ or
Originating Summons 114
Order 13 Failure to Give Notice of Intention to Defend 132
Order 13A Admissions in Claims for Payment of Money 144
Order 14 Summary Judgment 158
Order 14A Disposal of Case on Point of Law 176
Order 15 Causes of Action, Counterclaims and Parties 179
Order 16 Third Party and Similar Proceedings 225
Order 17 Interpleader 235
Order 18 Pleadings 241
Order 19 Default of Pleadings 289
Order 20 Amendment 295
Order 21 Withdrawal and Discontinuance 314
Order 22 Offers to Settle and Payments into Court 320
Order 22A Miscellaneous Provisions about Payments into Court 374
Order 23 Security for Costs 377
Order 24 Discovery and Inspection of Documents 393
Order 25 Case Management Summons and Conference 444
Order 26 Interrogatories 469
Order 27 Admissions 477
Order 28 Originating Summons Procedure 483
Order 29 Interlocutory Injunctions, Interim Preservation
of Property, Interim Payments, etc. 493
Order 30 Receivers 562
Order 31 Sales, etc, of Land by Order of Court 568
Order 32 Applications and Proceedings in Chambers 570
Order 32A Vexatious Litigants 594
Order 33 Place and Mode of Trial 600
Order 34 Setting Down for Trial Action Begun by Writ 609
Order 35 Procedure at Trial 624
Order 36 Trials before, and Inquiries by, Master 637
Order 37 Damages: Assessment after Judgment and Orders
for Provisional Damages 640
Order 38 Evidence 646
Order 39 Evidence by Deposition: Examiners of the Court 702
Order 40 Court Expert 712
Order 41 Affidavits 716
Order 41A Statements of Truth 731
Order 42 Judgments and Orders 747
Order 43 Accounts and Inquiries 769
Order 44 Proceedings Under Judgments and Orders 773
Order 44A Prohibition Order Before or After Judgment and
attachment of Property before Judgment 778
Order 45 Enforcement of Judgments and Orders: General 789
Order 46 Writs of Execution: General 805
Order 47 Writs of Fieri Facias 810
Order 48 Examination of Judgment Debtor, etc. 821
Order 49 Garnishee Proceedings 827
Order 49B Execution and Enforcement of Judgment for Money
by Imprisonment 840
Order 50 Charging Orders, Stop Orders, etc. 849
Order 51 Receivers: Equitable Execution 864
Order 52 Committal 866
Order 53 Applications for Judicial Review 878
Order 54 Applications for Writ of Habeas Corpus 917
Order 55 Appeals to the High Court from Court, Tribunal or
Person: General 932
Order 58 Appeals from Masters 940
Order 59 Appeals to the Court of Appeal 948
Order 60A Appeals from Tribunals to Court of Appeal on a Question
of Law Other Than By Way of Case Stated 1011
Order 61 Appeals from Tribunals to Court of Appeal by
Way of Case Stated 1015
Order 62 Costs 1017
Order 62A Costs Offer and Payments into Court 1148
Order 63 The Registry 1162
Order 64 Sittings, Vacations and Office Hours 1167
Order 65 Service of Documents 1172
Order 66 Paper, Printing, Notices and Copies 1187
Order 67 Change of Solicitor 1189
Order 68 Official Shorthand Note 1198
Order 69 Service of Process from a Country or Place
Outside Hong Kong 1201
Order 70 Obtaining Evidence for Requesting Courts 1204
Order 71 Reciprocal Enforcement of Foreign Judgments 1211
Order 71A Reciprocal Enforcement of Mainland Judgments 1230
Order 71B Certified Copies of Judgments Given by Court of
Final Appeal and High Court 1241
Order 72 Particular Proceedings 1245
Order 73 Arbitral Proceedings 1253
Order 74 (Repealed L.N. 343 of 1989) 1279
Order 75 Admiralty Proceedings 1280
Order 76 Contentious Probate Proceedings 1329
Order 77 Proceedings by and Against the Crown 1340
Order 78 District Court Proceedings Transferred or
Removed to the Court of First Instance 1347
Order 78A Transfer of Proceedings From Court of First
Instance to Competition Tribunal Under Competition
Ordinance (Cap. 619) 1351
Order 78B Transfer of Proceedings from Competition
Tribunal to Court of First Instance Under
Competition Ordinance (Cap. 619) 1353
Order 79 Tribunal Proceedings Transfer or Removal to the
Court of First Instance 1355
Order 80 Disability 1356
Order 81 Partners 1375
Order 82 Defamation Actions 1384
Order 83A Money Lenders’ Actions 1389
Order 84A Actions Arising Out of Hire-Purchase or Conditional
Sale Agreements 1393
Order 85 Administration and Similar Actions 1397
Order 86 Actions for Specific Performance, etc.: Summary Judgment 1403
Order 87 Debenture Holders’ Actions: Receiver’s Register 1408
Order 88 Mortgage Actions 1411
Order 89 Proceedings between Husband and Wife 1425
Order 90 Proceedings Concerning Minors 1427
Order 92 Lodgment, Investment, etc. of Funds in Court 1432
Order 93 The Variation of Trusts Ordinance (Cap. 253) 1435
Order 95 The Bills of Sale Ordinance (Cap. 20) and
Bankruptcy Ordinance (Cap. 6) 1436
Order 100 The Trade Marks Ordinance (Cap. 559) 1440
Order 102 The Companies Ordinance (Cap. 622) and the
Companies (Winding Up and Miscellaneous
Provisions) Ordinance (Cap. 32) 1443
Order 103 The Registration of Patents Ordinance (Cap. 42):
The Patents Acts 1946 to 1961 and 1977 1452
Order 106 Proceedings Relating to Solicitors: The Legal
Practitioners Ordinance (Cap. 159) 1458
Order 113 Summary Proceedings for Possession of Land 1471
Order 114 Commissioners for Oaths 1476
Order 115 Drug Trafficking (Recovery of Proceeds)
Ordinance (Cap. 405) 1477
Order 115A Mutual Legal Assistance in Criminal
Matters Ordinance (Cap. 525) 1490
Order 116 Organized and Serious Crimes Ordinance (Cap. 455) 1496
Order 117 Organized and Serious Crimes Ordinance (Cap. 455) 1499
Order 117A United Nations (Anti-Terrorism Measures)
Ordinance (Cap. 575) 1506
Order 118 Interpretation and General Clauses Ordinance (Cap. 1) 1519
Order 119 Prevention of Bribery Ordinance (Cap. 201) 1521
Order 120 Charitable Trusts 1523
Order 121 Child Abduction and Custody Ordinance (Cap. 512) 1525
Appendices 1537
Index 1641
