1988 Ed.] The Rules of the Supreme Court-Order 78
(CAP. 4
A 319
Applications under section 25 of Crown Proceedings Ordinance (O. 77,
r. 18)
18. (2) An application such as is referred to in section 25(2) of the Crown Proceedings Ordinance may be made to the Court at any time before trial by motion or summons, or may be made at the trial of the proceedings.
[Subsidiary]
(Cap. 300.)
ORDER 78
DISTRICT COURT PROCEEDINGS TRANSFERRED OR REMOVED TO HIGH COURT
Application and interpretation (O. 78, r. 1)
1. (1) This Order applies where an order has been made under section 38 or 39 of the District Court Ordinance, for the transfer, or under section 15 of the Crown Proceedings Ordinance, for the removal, of proceedings from a district court to the High Court.
(2) Where only the proceedings on a counterclaim are transferred, this Order shall apply as if the party setting up the counterclaim were the plaintiff and the party resisting it the defendant, and references in this Order to the plaintiff and the defendant shall be construed accordingly.
(3) References in the following provisions of this Order to the plaintiff and the defendant shall, in relation to proceedings begun in the district court otherwise than by writ, be construed as references to the applicant and the respondent respectively.
Duties of officer (O. 78, r. 2)
2. On receipt by the Registrar of the documents referred to in section 44 of the District Court Ordinance, the Registrar must forthwith- (L.N.356/88)
(a) file the said documents and make an entry of the filing thereof in the cause book,
(c) give notice to all parties to the proceedings in the district court that the action is proceeding in the High Court and that the defendant is required to acknowledge service of the notice.
Acknowledgment of service (O. 78, r. 3)
3. (1) The defendant must, within 7 days after receipt of the notice referred to in rule 2, acknowledge service thereof in accordance with Order 12, rules 1 to 4, and Order 12, rules 1 and 4, shall apply as if the proceedings transferred or removed were an action begun by writ.
(Cap. 336.)
(Cap. 300.)
(Cap. 336.)