662
Ord. 36/11 §2816)
0. 11 r. 5.
Ovd. 36/11. §28 (3) 078.36/11§29
Power to vary order for service.
H. K. Code, s. 8 (10.)
Expenses of service by Bailiff.
Ib. s. 8 (11.)
Service and return of writ.
Ib. s. 10.
0.9 r. 15.
H. K. Code, s. 10.
Appearance in general.
Ib, s. 11,
No. 3.]
THE ORDINANCES OF HONGKONG: [A.D. 1901.
evidence, stating that, in the belief of the deponent, the plaintiff has a good cause of action, and showing in what place or country such defendant is or probably may be found and the grounds on which the application is made; and no such leave shall be granted unless it is made sufficiently to appear to the Court that the case is a proper one for service out of the jurisdiction under this section.
(3.) Any order giving leave to effect such service shall limit a time after the service within which the defendant is to enter an appearance, such time to depend on the place or country where or within which the writ is to be served.
(4.) and (5)
(6.), J.), (8)+(9.) Variation of Order for Service, etc.
43. Any order for service may from time to time be varied by the Court with respect to the mode of service directed by the order, as occasion may require.
44. Where the service of process by the Bailiff will be attended with expense, he shall not (except by direction of the Registrar or by order of the Court) be bound to effect the same, unless the reasonable expenses thereof have been previously tendered to him by the party requiring such service; and such expenses shall be costs in the cause or matter.
Summoning Defendant.
45.-(1.) The plaintiff shall cause a copy of the writ of summons to be served on the defendant, and such copy shall contain a memorandum indorsed thereon requiring the defendant to enter an appearance to the action within eight days from the day of such service, or, in case of service out of the jurisdiction, within such time as the Court may have ordered.
(2.) The person serving the writ shall, within three days at most after such service, indorse on the writ the day of the month and week of the service thereof, otherwise the plaintiff shall not be at liberty in case of non-appearance, to proceed by default; and every affidavit of service of the writ shall mention the day on which the indorsement was made. This sub-section shall apply to substituted as well as other service.
(3.) The writ shall, within eight days after the service thereof or, in case of service out of the jurisdiction, within such time as the Court may have ordered, be returned into the Registry and filed therein.
Appearance of Defendant.
46. The defendant shall, within eight days from the day of service on him of the writ of summons or, in case of service out of the jurisdiction, within such time as the Court may have ordered, enter an appearance to the action.