1969-HKRS30-16-29_Part07 — Page 22

DISTRICT COURT (CIVIL JURISDICTION AND PROCEDURE) ORDINANCE.

(Chapter 336).

DISTRICT COURT CIVII. PROCEDURE (GENERAL)

(AMENDMENT) RULES 1970.

In exercise of the powers conferred by section 48 of the District Court (Civil Jurisdiction and Procedure) Ordinance, the District Court Rules Committee has made the following rules-

1. These rules may be cited as the District Court Civil Procedure (General) (Amendment) Rules 1970, and shall come into operation on the 1st day of December 1970.

2. The principal rules are amended by adding, after rule 35, the following new rule-

"Pleading of convic- tion etc. [CCap)

35A. (1) Any party to an action who intends in reliance on section 38K or 38L of the Evidence Ordinance to adduce evidence of a conviction or finding of adultery shall include in his particulars of claim or defence, as the case may be, a statement of his intention with particulars of-

(a) the conviction or finding and the date

thereof;

(b) the court which made the conviction or

finding; and

(c) the issue in the action to which the convic-

tion or finding is relevant.

(2) Where a plaintiff's particulars of claim in- clude such a statement as is mentioned in paragraph (1), then if the defendant-

(a) denies the conviction or finding; or

(6) alleges that it was erroneous; or

(c) denies that it is relevant to any issue in the

action.

be shall make the denial or allegation in his defence.”.

Dated this 6th day of November 1970.

170 Pigh

Chief Just

Citation and Commencement,

Addition of new rule 35A. (Cap. 336, vb. Isa.)