Acknowledgement of Service of Originating Summons
Directions
owler ement of Service
ompanying form of ACKNOWLEDGEMENT OF SERVICE should and completed by a Solicitor acting on behalf of the Defendant or by the Defendant if acting in person. After completion it must be delivered or sent by post to the Registry of the Supreme Court of the following address:-
4th Floor, Fire Brigade Building,
-46, Connaught Road Central, Hong Kong.“
1.
Notes for Guidance
Each Defendant (if there are more than one) is required to complete an Acknowledgement of service and return it to the Registry of the Supreme Court.
2. For the purpose of calculating the period of 14 days for acknowledging service, an originating summons served on the Defendant personally is treated as having been served on the day it was delivered to him and an originating summons served by post or by insertion through the Defendant's letter box is treated as having been served on the seventh day after the date of posting or insertion.
3. Where the Defendant is sued in a name different from his own, the form must be completed by him with the addition in paragraph 1 of the words "sued as (the name stated on the Originating Summons)".
Where the Defendant is a FIRM and a Solicitor is not instructed, the form must be completed by a PARTNER by name, with the addition in paragraph 1 of the description "partner in the firm of (........
.)" after his name.
5. Where the Defendant is sued as an individual TRADING IN A NAME OTHER THAN HIS OWN, the form must be completed by him with the addition in paragraph I of the description “trading as (....................
name.
....)" after his
6. Where the Defendant is a LIMITED COMPANY the form must be completed by a Solicitor or by someone authorized to act on behalf of the Company, but the Company can take no further step in the proceedings without a Solicitor acting on its behalf.
7.
Where the Defendant is a MINOR or a MENTAL Patient, the form must be completed by a Solicitor acting for a guardian ad litem.
8. A Defendant acting in person may obtain help in completing the form at the Registry of the Supreme Court.
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9. These notes deal only with the more usual cases. In case of difficulty
a Defendant in person should refer to paragraph 8 above.
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