1964_DISTRICT_COURT_CIVIL_PROCEDURE_(GENERAL)_RULES — Page 31

HK Historical Laws 香港歷史法例 All AI Reviewed

1983 Ed.]

District Court Civil Procedure (General) Rules

[CAP. 336

A 31

[Subsidiary]

(b) The summons shall, in addition to being served on the named defendants (if any) in accordance with sub-paragraph (a), be served, unless the Court otherwise directs, by-

(i) affixing a copy of the summons and a copy of the affidavit to the main door or other conspicuous part of the premises; and

(ii) if practicable, inserting through the letter-box at the premises a copy of the summons and a copy of the affidavit enclosed in a sealed envelope addressed to "the occupiers".

(4) Without prejudice to rule 63, any person not named as a defendant who is in occupation of the land and wishes to be heard on the question whether an order for possession should be made may apply at any stage of the proceedings to be joined as a defendant.

(5) A final order shall not be made on the originating summons except by a judge in person and shall, except in case of urgency and by leave of the Court, not be made less than 5 clear days after the date of service.

(6) Order 45, rule 3(2) of the Rules of the Supreme Court shall not apply in relation to an order for possession under this rule but no writ of possession to enforce such order shall be issued after the expiry of 3 months from the date of the order without the leave of the Court.

An application for leave may be made ex parte unless the Court otherwise directs.

(7) The judge may, on such terms as he thinks just, set aside or vary any order made in proceedings under this rule.

65-68. [Revoked, L.N.182/70]

Commissioners for oaths

69. The Registrar shall have authority to administer any oath and take affidavit required for any purpose connected with the business of the Court.

(Cap. 4. sub. leg.)

Registrar authorized to administer oaths.

Forms

70. Subject to such amendments therein as are necessary to adapt the same to the Court, and to the provisions of the Ordinance, the forms for the time being prescribed by or under rule 9 of Order 1 of the Rules of the Supreme Court shall be the forms in use in the Court:

Provided that a judge of the Court may allow such departures from any prescribed form as he may think fit in any particular case.

Adoption of form in Rules of the Supreme Court.

L.N.182/70.

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1983 Ed.] District Court Civil Procedure (General) Rules [CAP. 336 A 31 [Subsidiary] (b) The summons shall, in addition to being served on the named defendants (if any) in accordance with sub-paragraph (a), be served, unless the Court otherwise directs, by- (i) affixing a copy of the summons and a copy of the affidavit to the main door or other conspicuous part of the premises; and (ii) if practicable, inserting through the letter-box at the premises a copy of the summons and a copy of the affidavit enclosed in a sealed envelope addressed to "the occupiers". (4) Without prejudice to rule 63, any person not named as a defendant who is in occupation of the land and wishes to be heard on the question whether an order for possession should be made may apply at any stage of the proceedings to be joined as a defendant. (5) A final order shall not be made on the originating summons except by a judge in person and shall, except in case of urgency and by leave of the Court, not be made less than 5 clear days after the date of service. (6) Order 45, rule 3(2) of the Rules of the Supreme Court shall not apply in relation to an order for possession under this rule but no writ of possession to enforce such order shall be issued after the expiry of 3 months from the date of the order without the leave of the Court. An application for leave may be made ex parte unless the Court otherwise directs. (7) The judge may, on such terms as he thinks just, set aside or vary any order made in proceedings under this rule. 65-68. [Revoked, L.N.182/70] Commissioners for oaths 69. The Registrar shall have authority to administer any oath and take affidavit required for any purpose connected with the business of the Court. (Cap. 4. sub. leg.) Registrar authorized to administer oaths. Forms 70. Subject to such amendments therein as are necessary to adapt the same to the Court, and to the provisions of the Ordinance, the forms for the time being prescribed by or under rule 9 of Order 1 of the Rules of the Supreme Court shall be the forms in use in the Court: Provided that a judge of the Court may allow such departures from any prescribed form as he may think fit in any particular case. Adoption of form in Rules of the Supreme Court. L.N.182/70.

Baseline (Original)

1983 Ed.] District Court Civil Procedure (General) Rules [CAP. 336 A 31 [Subsidiary] (b) The summons shall, in addition to being served on the named defendants (if any) in accordance with sub- paragraph (a), be served, unless the Court otherwise directs, by- (i) affixing a copy of the summons and a copy of the affidavit to the main door or other conspicuous part of the premises; and (ii) if practicable, inserting through the letter-box at the premises a copy of the summons and a copy of the affidavit enclosed in a sealed envelope addressed to "the occupiers". (4) Without prejudice to rule 63, any person not named as a defendant who is in occupation of the land and wishes to be heard on the question whether an order for possession should be made may apply at any stage of the proceedings to be joined as a defendant. (5) A final order shall not be made on the originating sum- mons except by a judge in person and shall, except in case of urgency and by leave of the Court, not be made less than 5 clear days after the date of service.. (6) Order 45, rule 3(2) of the Rules of the Supreme Court shall not apply in relation to an order for possession under this rule but no writ of possession to enforce such order shall be issued after the expiry of 3 months from the date of the order without the leave of the Court. An application for leave may be made ex parte unless the Court otherwise directs. (7) The judge may, on such terms as he thinks just, set aside or vary any order made in proceedings under this rule. 65-68. [Revoked, L.N. 182/70] Commissioners for oaths 69. The Registrar shall have authority to administer any oath and take affidavit required for any purpose connected with the business of the Court. (Cap. 4. sub. leg.) Registrar authorized to administer oaths. Forms 70. Subject to such amendments therein as are necessary to adapt the same to the Court, and to the provisions of the Ordinance, the forms for the time being prescribed by or under rule 9 of Order 1 of the Rules of the Supreme Court shall be the forms in use in the Court: Provided that a judge of the Court may allow such departures from any prescribed form as he may think fit in any particular case. Adoption of form in Rules of the Supreme Court. L.N. 182/70.

2026-05-04 14:17:15 · Baseline

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