1965-HKRS30-8-56_Part01 — Page 20

Service of

writ on agent of Oversea

Principal.

0. 10, r. 2.

Service of

writ in pr suance of a contract. 0. 10, r. 1.

2

28. (1) Where the court is satisfied on an ex parte Service of application that-

wril to

certain

[recovery of înnorable [property, 10. 10, r. 4.

(a) a contract has been entered into within the juris-actions for

diction with or through an agent who is either an individual residing or carrying on business within the jurisdiction or a body corporate having a registered office or a place of business within the jurisdiction, and

(b) the principal for whom the agent was acting was at the time the contract was entered into and is at the time of the application neither such an in- dividual nor such a body corporate, and

(c) at the time of the application either the agent's authority has not been determined or he is still in business relations with his principal,

the court may authorize service of a writ beginning an action relating to the contract to be effected on the agent instead of the principal.

(2) An order under this rule authorizing service of a writ on

defendant's agent must limit a time within which the defendant must enter an appearance.

(3) Where an order is made under this rule authorizing service of a writ on a defendant's agent, a copy of the order and of the writ must be sent by post to the defendant at| his address out of the jurisdiction.

29. Whers-

(a) the court bas jurisdiction to hear and determine any action in respect of a contract (whether or not entered into within the jurisdiction); and

(b) the parties to the action have agreed that, in the event of any such action being begun in the court against any of them, the writ by which the action is begun may be served on the defendant in such manner, or on such other person on his behalf or at such place (whether within or without the juris- diction) as may be specified in the agreement; and

(c) the writ is served in accordance with the agree.

ment:

then, notwithstanding anything in paragraph (1) of rule 27 or in rule 28, the writ shall be deemed to have been duly served upon the defendant.

Copy of writ to be posted on premises where claim is for recovery of Immovable property.

Service of

originating

summons, petition und notice of motion.

3

30. Where the plaintiff's claim is for the recovery of immovable property, the court may—

(a) if satisfied on an application ex parte that no person appears to be in possession of the property and that service cannot be otherwise effected on any defendant, authorize service on that defendant to be effected by posting a copy of the writ in a conspicuous place on or at the entrance to the premises recovery of which is claimed;

(b) if satisfied on such an application that no person appears to be in possession of the property and that service could not otherwise have been effected on any defendant, order that service already effect- ed by posting a copy of the writ in a conspicuous place on or at the entrance to the premises re- covery of which is claimed shall be treated as good service on that defendant.

31. (1) Subject to paragraph (2), where the plaintiff's claim is for the recovery of immovable property, in addition to and not in substitution for any other mode of service, a copy of the writ shall be posted in a conspicuous place on or at the entrance to the premises recovery of which is claimed.

(2) Where service is effected under rule 30 by posting a copy of the writ in a conspicuous place on or at the en- trance to the premises recovery of which is claimed, then such posting shall be a sufficient compliance for the pur- poses of this rule.

32. The foregoing rules 27 to 31 except paragraph (2) of rule 27 shall, with any necessary modifications, apply in relation to an originating summons to which an appearance is required to be entered as they apply in relation to a writ, and paragraphs (1) and (2) of rule 27 shall, with any neces- sary modifications, apply in relation to an originating summons to which no appearance need be entered, an originating notice of motion and a petition as they apply in relation to a writ.”.

3. Rules 43 and 44 of Order II are revoked and replaced by the Revocation following-

"Appearance

En general.

0. 12. r. 1.

and replace ment of rules 43 and 44

43. (1) Subject to paragraph (2) and to the practice of Order 11. and procedure in relation to infants, lunatics and persons of unsound mind, a defendant to an action begun by writ may (whether or not he is sued as trustee or personal