A 8
[Subsidiary]
CAP. 4 The Rules of the Supreme Court-Order 2
[1988 Ed.
(HK) Construction of references to Registrar (O. 1, r. 7A)
(HK)7A. Wherever the word "Registrar" appears in these rules and forms there may be substituted the word "Master" when and where appropriate.
Forms (O. 1, r. 9)
9. (1) The forms in the Appendices shall be used where applicable with such variations as the circumstances of the particular case require.
Rules not to exclude conduct of business by post (O. 1, r. 10)
10. Nothing in these rules shall prejudice any power to regulate the practice of the Court by giving directions enabling any business or class of business to be conducted by post.
ORDER 2
EFFECT OF NON-COMPLIANCE
Non-compliance with Rules (O. 2, r. 1)
1. (1) Where, in beginning or purporting to begin any proceedings or at any stage in the course of or in connection with any proceedings, there has, by reason of any thing done or left undone, been a failure to comply with the requirements of these rules, whether in respect of time, place, manner, form or content or in any other respect, the failure shall be treated as an irregularity and shall not nullify the proceedings, any step taken in the proceedings, or any document, judgment or order therein.
(2) Subject to paragraph (3), the Court may, on the ground that there has been such failure as is mentioned in paragraph (1), and on such terms as to costs or otherwise as it thinks just, set aside either wholly or in part the proceedings in which the failure occurred, any step taken in those proceedings or any document, judgment or order therein or exercise its powers under these rules to allow such amendments (if any) to be made and to make such order (if any) dealing with the proceedings generally as it thinks fit.
(3) The Court shall not wholly set aside any proceedings or the writ or other originating process by which they were begun on the ground that the proceedings were required by any of these rules to be begun by an originating process other than the one employed.
Application to set aside for irregularity (O. 2, r. 2)
2. (1) An application to set aside for irregularity any proceedings, any step taken in any proceedings or any document, judgment or order therein shall not be allowed unless it is made within a reasonable time and before the party applying has taken any fresh step after becoming aware of the irregularity.