Annex C (a) Summons to attend Civil Proceedings
1.
This document has caused the most difficulty.
The Hong Kong Courts never serve on behalf of any foreign
jurisdiction documents which order those within Hong Kong's
jurisdiction to appear in a foreign Court'. Instead, notices
of hearing are served. This has been explained at length to
the Guangdong representatives, who have, in the course of
discussions, substantially modified the form.
2.
Further, the Hong Kong representatives have been
concerned about the effect of non-compliance with the
requirements of the document. In China, the Summons is
served twice and failure to appear in response to both.
results in service of a third summons which warns that, if
the party does not attend, an officer of the Court will be
sent to compel attendance. The Guangdong representatives
have agreed that this third Summons will not be submitted to
Hong Kong for service. Nevertheless, this does not preclude
service of the third Summons if the party travels to China,
with those consequences which are outlined in Annex B.
3.
The version now tabled by the Chinese side
differs from the earlier versions proposed in that it notes
that the consequences of a defendant twice failing to attend
court without adequate reason will result in judgment being
given against him. However, the title to the document
remains the same and it is still called a Summons. It is
So is an
Order XIV
Summent
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