702
Nature of special in-dorsement. H.K. Code, s. 13. (1), O. 3, r. 7.
Indorsement in actions by money-lenders.
O. 3, r. 10.
Ordinance
No. 16 of 1911.
No. 3 of 1901. CODE OF CIVIL PROCEDURE.
21. (1) Where the plaintiff's claim is for a debt or liquidated demand only, the indorsement, besides stating the nature of the claim, shall state the amount claimed for debt or in respect of such demand, and for any interest thereon payable by law or under any contract, express or implied, and for costs respectively, and shall further state that, on payment thereof within four days after service, or, in case of a writ not for service within the jurisdiction, within the time allowed for appearance, further proceedings will be stayed.
(2) The defendant may, notwithstanding such payment, have the costs taxed, and if more than one-sixth be disallowed, the plaintiff's solicitor shall pay the costs of taxation.
21A. Where an action for the recovery of money lent by a money-lender or for the enforcement of any agreement or security relating to any such money is brought by the lender or an assignee, the indorsement on the writ shall state in addition to any other particulars the fact that at the time of making the loan or contract the plaintiff or (in an action by an assignee) the original assignor was a registered money-lender under the Money-lenders Ordinance, 1911, and if the writ be specially indorsed under section 19, shall also state-
(a) the date on which the loan was made, or where the action is brought on an agreement or security given in consideration of the renewal of former loans, the date on which each such loan was made;
(b) the amount actually lent to the borrower;
(c) the rate of interest charged on the amount actually lent;
(d) the amounts paid by way of interest and the periods in respect of which and the dates on which each such payment was made;
(e) the amount of principal repaid and the date or dates of payment;
(f) every other amount paid by the borrower to the lender in respect of the loan or loans as the case may be, whether as premium or otherwise;
(g) the amount of principal due and unpaid; and (h) the amount of interest due and unpaid.
* As amended by Law Rev. Ord., 1939.