1962-HKRS30-8-53_Part01 — Page 32

Indorsement for account.

Service un infonts.

Service of proceedings

for recovery

10

(6) 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 cach such loan was made:

(c) the amount actually lent to the borrower,

(d) the rate of interest charged on the amount actually lent; (e) the amounts paid by way of interest and the periods in respect of which and the dates on which each such payment was made; ( the amount of principal repaid and the date or dates of pay-

ment;

(g) every other amount paid by the borrower to the lender in respect of the loan or loans as the case may be, whether as a premium or otherwise;

(A) the amount of principal duc and unpaid; and () the amount of interest dus and unpaid.

16. Where the plaintiff in the first instance desires to have an account taken and no amount is claimed in the particulars the plaintiff shall be deemed to claim an amount equal to the maximum amount with respect to which the Court has jurisdiction in contract for the time being.

Service.

17. (0) No special mode of service shall be required, as of course, with respect to a party who is an infant, but whenever it appears to the Court that any party served or to be served with a writ or other process in any proceedings is an infant of such tender years as to be unable to present his case or to give instructions therefor the Court may order that the writ or other process be served on the father or guardian of the infant or other person having the custody or control of the infant, and that in the meantime the proceedings be slayed:

Provided that unless the Court otherwise orders service made or to be made on such an infant shall be deemed good service.

(2) The provisions of this rule shall apply to interlocutory pro- ceedings in the Court.

(3) Rule 34 of Order 2 of the Code shall not apply to any pro- ceedings in the Court,

18. Where a plaintiff's claim is for the recovery of immovable property, in addition to and not in substitution for any other mode of of immovable service, a copy of the writ shall be posted in a conspicuous place on property. or at the entrance to the premises recovery of which is claimed.

Foreign process.

19. Rules 38 and 39 of Order 2 of the Code shall not apply to the Service of Court

Sammoning defendant.

forcign

process rules inapplicable.

attendance at

20. (1) The plaintiff shall cause a copy of the writ of summons Writ to to be served on the defendant, and, without prejudice to the provisions require of rule 14, the copy of the writ of summons shall require the attendance court, cic. at court of the defendant at such date and time as shall be stated therein. and shall be endorsed in manner provided by the Ordinance and by these rules.

(2) Paragraph (1) of rule 42 of Order 2 of the Code shall not apply to any proceedings in the Court,

Appearance of defendant,

21. There shall be no mode of appearance by means of entry of No culty of appearance in the Registry in any proceedings in the Court, but in appance

in Registry. every case appearance shall be by attendance in court or in chambers, as the case may be, in person or by solicitor or counsel or by authorized representative in accordance with the provisions of the Ordinance, at the appointed day and time and all references in the Code to entry of appearance shall, in the application of the Code to the Court, be Construed accordingly.

22. Whenever a party appears by solicitor or counsel, the Court Solicitor on shall record the name of the solicitor appearing, or, where the party the record. appears by counsel, the name of the instructing solicitor, and such solicitor or, where he is in partnership or is an assistant solicitor, the firm in which he is a partner or assistant, as the case may be, shall thereafter be deemed to be the solicitor on the record until notice of change of solicitor is duly filed and served in accordance with rule 26 of Order 2 of the Code:

Provided that, where the solicitor so appearing states that he appears as agent for another solicitor or firm of solicitors, the name of such other solicitor or firm of solicitors shall be recorded and such other solicitor or firm of solicitors shall thereafter be deemed to be the solicitor on the record.

23. Any party, other than the plaintiff with respect to his claim, Conditional may by himself or by his solicitor, counsel or authorized representative, appearance. state orally at the time of appearance that he appears conditionally and may require the Court to record the same, and thereupon he shall be deemed to have appeared conditionally.