1969-HKRS30-16-29_Part07 — Page 56

Authenticated Laws 確真本香港法例 All

NCAN, 316, nub. lex.1

Pleading of conviction, etc.

Pleadings to follow Rules of Supreme Court.

Extension of time for filing of

pleadings.

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(2) Where a pleading is filed under paragraph (1) the Registrar shall send a copy thereof to the solicitor appearing on the record on behalf of cach party to the action or, where there is no such solicitor, to the party at the address given on the writ of the defence as the case may be.

(3) Where the pleading filed is a defence, the Registrar shall attach to each copy thereof, which he sends under paragraph (2), a notice in Form 15A in the Second Schedule to the District Court Civil Pro- cedure (Forms) Rules,

36. (1) Any party to an action who intends in reliance on section 38K or 38L of the Evidence Ordin- ance 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 in- tention with particulars of—

(a) the conviction or finding and the date

thereof;

(b) the Court which made the conviction or

binding; and

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

viction 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

(b) alleges that it was erroneous; or

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

action.

he shall make the denial or allegation in bis defence.

37. Save as the Court may otherwies allow, the provisions of the Rules of the Supreme Court relating to the form and contents of pleadings shall apply to proceedings in the Court.

38. The Court may, whether before or after the time limited for the filing of any pleading and whether such limitation be by these rules or by the Court, extend the time allowed therefor on such terms as it may think fit.

Further particulars and amend- ment of pleadings.

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384. (1) Whenever it appears to the Court that the particulars al-

(4) any claim or counterclaim-

(i) do not comply with these rules:

(ii) do not adequately disclose a cause of action:

(iii) fail to cover facts which, if proved. would establish the jurisdiction of the Court;

or

(iv) are otherwise insufficient; or

(5) any defence-

(i) do not comply with these rules: (ii) do not disclose an adequate defence: (i) are otherwise insufficient.

the Court may, either upon the application of a party or of its own motion and on such terms as it thinks fit, order that the particulars be struck out or amend- ed in such manner as it shall direct or that further and better particulars be filed within a limited period.

(2) The provisions of paragraphs (1) and (2) of rule 35 shall apply to the filing of further and better particulars ordered to be filed under paragraph (1).

(3) If a party requires further or better par- ticulars of any other party's case he may, at any time before the Court has fixed a date for the trial, give notice to the opponent specifying what further or better particulars he requires, and the other party shall, within five days of the service of the notice, file such further or better particulars as may properly be required and within the same time deliver a copy thereof to the party requiring the particulars.

(4) If a notice under paragraph (3) is not com. plied with, the Court, either before or at the trial, if it is satisfied that the party requiring the particulars is thereby prejudiced, may-

(a) order the further or better particulars to be

filed and delivered; and

(b) stay all proceedings until such order has

been obeyed; or

(c) direct that the action be struck out or that the defendant be debarred from defending, as the case may be, unless such order is obeyed

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