1964_DISTRICT_COURT_CIVIL_PROCEDURE_(GENERAL)_RULES — Page 17

HK Historical Laws 香港歷史法例 All AI Reviewed

1983 Ed.]

District Court Civil Procedure (General) Rules

(CAP. 336

A 17

[Subsidiary]

action was begun and of the pleadings, (if any) served in the action and the third party shall, as from the time of such service, be a party to the action with the same rights and duties in respect of his defence against any claim made against him and otherwise as if he had been sued in the ordinary way by the defendant.

(2A) Service of the documents referred to in paragraph (2) shall be effected-

(a) by serving them personally on the third party; or

(b) by sending them by ordinary post to the third party at his usual or last known address.

(3) Order 16 of the Rules of the Supreme Court shall, in its application to the Court, be read in conjunction with this rule.

Pleadings

34. (1) Save as provided in the Ordinance or in these rules, pleadings shall not be required, as of course, in the Court but shall only be necessary where the Court makes an order therefor.

(2) On making such an order the Court shall specify a period within which such pleading shall be filed.

35. (1) Without prejudice to rule 20(1), any party to an action may file any pleading by delivering the pleading by hand to the registry of the Court in which the action was commenced together with as many copies thereof as there are other parties to the action.

(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 each party to the action or, where there is no such solicitor, to the party at the address given on the writ or 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 Procedure (Forms) Rules.

36. (1) Any party to an action who intends in reliance on section 62 or 63 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 conviction or finding is relevant.

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

L.N. 163/81.

Pleadings necessary only when ordered.

L.N. 182/70.

Filing of pleadings. L.N. 182/70.

(Cap. 336, sub. leg.)

Pleading of conviction, etc.

L.N. 182/70.

(Cap. 8)

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(CAP. 336A 17[Subsidiary]action was begun and of the pleadings, (if any) served in the action and the third party shall, as from the time of such service, be a party to the action with the same rights and duties in respect of his defence against any claim made against him and otherwise as if he had been sued in the ordinary way by the defendant.(2A) Service of the documents referred to in paragraph (2) shall be effected-(a) by serving them personally on the third party; or(b) by sending them by ordinary post to the third party at his usual or last known address.(3) Order 16 of the Rules of the Supreme Court shall, in its application to the Court, be read in conjunction with this rule.Pleadings34. (1) Save as provided in the Ordinance or in these rules, pleadings shall not be required, as of course, in the Court but shall only be necessary where the Court makes an order therefor.36. (1) Any party to an action who intends in reliance on section 62 or 63 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 conviction or finding is relevant.(2) Where a plaintiff's particulars of claim include such a statement as is mentioned in paragraph (1), then if the defendant-L.N. 163/81.Pleadings necessary only when ordered.L.N. 182/70.Filing of pleadings. L.N. 182/70.(Cap. 336, sub. leg.)Pleading of conviction, etc.L.N. 182/70.(Cap. 8)
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(CAP. 336A 17[Subsidiary]action was begun and of the pleadings, (if any) served in the action and the third party shall, as from the time of such service, be a party to the action with the same rights and duties in respect of his defence. against any claim made against him and otherwise as if he had been sued in the ordinary way by the defendant.(2A) Service of the documents referred to in paragraph (2) shall be effected-(a) by serving them personally on the third party; or(b) by sending them by ordinary post to the third party at his usual or last known address.(3) Order 16 of the Rules of the Supreme Court shall, in its application to the Court, be read in conjunction with this rule.Pleadings34. (1) Save as provided in the Ordinance or in these rules, pleadings shall not be required, as of course, in the Court but shall only be necessary where the Court makes an order therefor.36. (1) Any party to an action who intends in reliance on section 62 or 63 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 conviction or finding is relevant.(2) Where a plaintiff's particulars of claim include such a statement as is mentioned in paragraph (1), then if the defendant-L.N. 163/81.Pleadings necessary only when ordered.L.N. 182 70.Filing of pleadings. L.N. 182.70.(Cap. 336. sub. leg.)Pleading of conviction, etc.L.N. 182-70.(Cap. 8.)
2026-05-04 14:15:29 · Baseline
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1983 Ed.]

District Court Civil Procedure (General) Rules

(CAP. 336

A 17

[Subsidiary]

action was begun and of the pleadings, (if any) served in the action and the third party shall, as from the time of such service, be a party to the action with the same rights and duties in respect of his defence. against any claim made against him and otherwise as if he had been sued in the ordinary way by the defendant.

(2A) Service of the documents referred to in paragraph (2) shall be effected-

(a) by serving them personally on the third party; or

(b) by sending them by ordinary post to the third party at his

usual or last known address.

(3) Order 16 of the Rules of the Supreme Court shall, in its application to the Court, be read in conjunction with this rule.

Pleadings

34. (1) Save as provided in the Ordinance or in these rules, pleadings shall not be required, as of course, in the Court but shall only be necessary where the Court makes an order therefor.

(2) On making such an order the Court shall specify a period within which such pleading shall be filed.

35. (1) Without prejudice to rule 20(1), any party to an action may file any pleading by delivering the pleading by hand to the registry of the Court in which the action was commenced together with as many copies thereof as there are other parties to the action.

(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 each party to the action or, where there is no such solicitor, to the party at the address given on the writ or 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 Procedure (Forms) Rules.

36. (1) Any party to an action who intends in reliance on section 62 or 63 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 conviction or finding is

relevant.

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

L.N. 163/81.

Pleadings necessary only when ordered.

L.N. 182 70.

Filing of pleadings. L.N. 182.70.

(Cap. 336. sub. leg.)

Pleading of conviction, etc.

L.N. 182-70.

(Cap. 8.)

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