1969-HKRS30-16-29_Part07 — Page 57

Dispensing with fling and service

of amended pleading.

Signature of documents in case of corpora- tions.

Solicitor on the record.

Mode of service.

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within such further time as the Court may allow, and the Court may make such order as to costs as it thinks fit.

(5) Paragraphs (3) and (4) shall apply, with such modifications as are necessary, to a counterclaim and to third party proceedings in the same manner as il applies to an action.

38B. The Court may dispense with compliance with the requirements of Order 20 of the Rules of the Supreme Court relating to the filing and service of an amended pleading if it is satisfied that any amend- ment such as is referred to in that Order has been sufficiently communicated to the other party and to the Court.

General.

38C. Where a corporation is a party to an action, any document which is required to be signed by a party to an action, may be signed by one of the direc- tors of that corporation or by the secretary of that corporation, or by counsel or a solicitor.

38D. (1) Where any document in an action filed in the Court is signed in the name of a solicitor or firm of solicitors, or by counsel instructed by a solicitor or firm of solicitors, that solicitor or firm of solicitors shall be the solicitor on the record until notice of change of solicitor is filed and served in accordance with rule i of Order 67 of the Rules of the Supreme Court

(2) Where any party to an action in respect of whom there is no solicitor on the record appears at the trial of that action or at the hearing of any inter- locutory application by solicitor or counsel, the Court shall record the name of the solicitor appearing or. where the party appears by counsel, the name of the solicitor instructing that counsel, and such solicitor or, where he is in partnership or is an assistant solicitor, the firm in which he is a partner or ap assistant, as the case may be, shall be the solicitor on the record.

38E, Where in any proceedings in the Court any documeat is to be served on any person and no other

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mode of service is prescribed by any law, service shall be effected

(a) where the person to be served is acting in

Person-

(i) by delivering the document to him or at his residence or by sending the document by prepaid post to his last known address; (i) if he is a proprietor of a business, by delivering the document at his place of business or sending it by prepaid post to his last known place of business;

(6) where the person to be served is acting by a solicitor, by delivering the document at or sending it by prepaid post to the solicitor's address for service.”.

15. Rule 39 of the principal rules is amended-

(4)

in paragraph (1) by deleting "rule 19 of Order 7 of the Code" and substituting the following-

"rule 16 of Order 24 of the Rules of the Supreme Court":

(8) in paragraph (2), by deleting “Code” and substituting the

following-

"Rules of the Supreme Court".

16. Rule 40 of the principal rules is amended——

(a)

in paragraph (1) by deleting "rule 19 of Order 7 of the Code" and substituting the following-

"rule 16 of Order 24 of the Rules of the Supreme Court":

(b) in paragraph (3) by deleting "Code" and substituting the

following

"Rules of the Supreme Court";

(c) by adding, after paragraph (3), the following new para-

graphs-

"(4) The powers of the Court with regard to the making of orders for the discovery and inspection of documents may be exercised by the Registrar.

(5) Any party dissatisfied with an order for discovery and inspection of documents made by the Registrar may, within five days of the making of

Amendment of rule 19.

Amendment of

rula 40.