1959-HKRS30-8-49_Part03 — Page 9

Particulars

of claim.

Particulars of defence.

Particulars of defence.

Offer made by Automney

Generul after submission

of claim to Tribunet.

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satisfied that such appearance is necessary for the complete and effectual determination of any claim submitted to the tribunal, give any such person leave to appear upon such terma as he thinks fit and may make such order for directions as may be accessary, whereupon such person shall become a party to the proceedings before the tribunal.

4. If upon receipt by the Attorney General of the claimant's particulars of claim the Attorney General is of the opinion that the particulars of claim do not set out all reasonable particulars of the facts relied upon, the Attorney General may request the claimant to supply such particulars and if the claimant declines to supply such particulars the Attorney General may apply to the Registrar for an order that the claimant shall supply such particulars within such time as the Registrar may think fit and that delivery of any particulars of defence by the Attorney General be postponed until such order is obeyed. Upon such application the Registrar shall make such order as he thinks fit.

5. Within twenty-one days of receiving the claimant's particulars of claim the Attorney General may file particulars of defence. Such particulars of defence shall clearly state which facts set out in the particulars of claim are admitted and which are denied or not admitted and shall further set out with reasonable particularity such relevant facts as are relied upon by him by way of defence to the claimant's claim. A copy of the particulars of defence signed by or on behalf of the Attorney General shall be delivered to the Registrar and copis thereof shall be delivered by the Attorney General to all other parties to the proceedings.

6. If the claimant upon receipt of the particulars of defens delivered by the Attorney General is of the opinion that such particulars of defence do not state with reasonable particularity all the facts relied upon by the Attorney General, and if the Attorney General after being requested by the claimant to supply such particulars as the claimant may require declines so to do, the claimant may apply to the Registrer for an order that the Attorney General do deliver such particulars and upon such application the Registrar may make such order as he think! fit.

7. Nothing in these rules shall prejudice the right of the Attorney General at any time after the submission of any claim to the tribunal to serve on the claimant an offer in writing in full settlement of such claim. Where an offer is made by the Attorney General in accordates with this rule the claimant may within seven days from the service thereof serve a notice of acceptance on the Attorney General and in that event may apply to the Registrar for an order directing that bis costs of the submission up to the date of the acceptance of the offer

be taxed and paid by the Government and upon the hearing of such application the Registrar shall make such order as he thinks fit. Where an offer is made by the Attorney General in accordance with this rule and is not accepted by the claimant within such seven days, the Attorney General shall file with the Registrar a statement in writing setting out the sum so offered to the claimant, the date on which such offer was served and the fact that such offer has not been accepted by the claimant. A copy of such statement shall be delivered by the Attorney General to the claimant,

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Either the claimant or the Attorney General may at any time Amendment apply to the Registrar for leave to amend any pleadings delivered of pleadings.

pur- suant to these rules and upon such application the Registrar may make such order upon such terms as he thinks fit and all such amendments shall be made as may be necessary for the purpose of determining the real questions at issue between the claimant and the Attorney General.

9, At any time either the claimant or the Attorney General may Fixing date apply to the Registrar for an order fixing the date and place for the and place

of hearing. hearing and determination of the claim or for the hearing of any pre- iminary point of law or any other matter which may conveniently be disposed of on such hearing and upon such application the Registrar shall make such order as he thinks fit.

10. If it appears to the tribunal at any time before the hearing that Preliminary it will be to the advantage of the parties that a preliminary hearing hearing at

instance of should be held for the purpose of determining the mode of conducting tribunal. the hearing, fixing or altering the place of hearing, considering whether two or more claims submitted to the cribunal shall be heard concurrently. or for any other purpose whatsoever, the tribunal shall have power to hold such preliminary hearing upon giving notice thereof to the parties and may at such hearing make such order as the tribunal shall in a!! the circumstances think fit:

Provided that no preliminary hearing shall be ordered pursuant to the provisions of this rule unless and until any party affected by any proposed preliminary hearing shall have been notified of the proposal and shall have been given an opportunity of objecting to the same.

11. Where either the claimant or the Attorney General is desirous Affidavit of proving certain facts by affidavit in lieu of oral evidence, application evidener. shall be made to the Registrar for leave so to do stating those facts which it is desired to prove by affidavit and the Registrar if satisfied that affidavit evidence can properly be adduced may make an order allowing such facts to be proved by affidavit upon such terms as he shall think fit:

Provided that where it appears to the Registrar that either the claimant or the Attorney General reasonably desires the production of