CAP. 336]
District Court Civil Procedure (General) Rules
[1983 Ed.
[Subsidiary]
Provisions relating to jurisdiction.
Defendants in different districts.
Continuance and transfer of actions.
5. (1) An action in relation to any immovable property for ascertaining the title, ownership, user or right to possession thereof, or in relation to any mortgage or charge thereon, or to any interest of any other nature therein, or for damages for any injury thereto, or for any equitable remedy in respect thereof or restraint on the user of the same, shall be commenced in the district in which the property is situate.
(2) An action in relation to any personal property distrained on or seized shall be commenced in the district in which the process was issued.
(3) Any other action shall be commenced in the district in which the defendant has his principal place of business, if any, or if he is not carrying on business, in the district in which he resides, or if he has neither place of business nor residence in the Colony, then in the district in which the cause of action arose.
(4) Notwithstanding anything in this rule, the Registrar may, in his absolute discretion, permit any action which by this rule should be commenced in the Kowloon District to be commenced in the Fanling District or may permit any action which by this rule should be commenced in the Fanling District to be commenced in the Kowloon District.
(5) For the purpose of this rule, an action shall be deemed to commence when the writ of summons therein has been sealed in the appropriate district registry.
6. If in any case governed by rule 5(3) there are in an action originally or by joinder defendants residing in or carrying on business in different districts the action may, subject to any direction by the Court, be commenced or continue in any such district.
7. (1) All proceedings in an action shall continue in the district in which the action is commenced and such action may be heard and determined therein unless and until an effective order be made to transfer the action to the Court sitting in another district or to the High Court.
(2) Subject to any directions which may be given in that behalf by the Chief Justice, a judge may, for securing the more convenient or expeditious disposal of any action or matter pending in a district in which he is for the time being sitting, order that such action or matter or any proceeding therein be transferred to another district; any such order may be made at any stage by the judge of his own motion or on the application of any party on such grounds relating either to the particular circumstances of the action or matter or to the state of the lists generally in each district as the judge may think fit.
(3) Where a judge makes an order of transfer to another district of his own motion there shall be no appeal from such order,
A 6
CAP. 336]
District Court Civil Procedure (General) Rules
[1983 Ed.
[Subsidiary]
Provisions relating to jurisdiction.
Defendants in different districts.
Continuance and transfer of actions.
5. (1) An action in relation to any immovable property for ascertaining the title, ownership, user or right to possession thereof, or in relation to any mortgage or charge thereon, or to any interest of any other nature therein, or for damages for any injury thereto, or for any equitable remedy in respect thereof or restraint on the user of the same, shall be commenced in the district in which the property is situate.
(2) An action in relation to any personal property distrained on or seized shall be commenced in the district in which the process was issued.
(3) Any other action shall be commenced in the district in which the defendant has his principal place of business, if any, or if he is not carrying on business, in the district in which he resides, or if he has neither place of business nor residence in the Colony, then in the district in which the cause of action arose.
(4) Notwithstanding anything in this rule, the Registrar may, in his absolute discretion, permit any action which by this rule should be commenced in the Kowloon-District-to-be-commenced-in- the Fanling District or may permit any action which by this-rule should-be-commenced-in-the-Fanling District to be commenced in
the Kowloon-District.
(5) For the purpose of this rule, an action shall be deemed to commence when the writ of summons therein has been sealed in the appropriate district registry.
6. If in any case governed by rule 5(3) there are in an action originally or by joinder defendants residing in or carrying on business in different districts the action may, subject to any direction by the Court, be commenced or continue in any such district.
7. (1) All proceedings in an action shall continue in the district in which the action is commenced and such action may be heard and determined therein unless and until an effective order be made to transfer the action to the Court sitting in another district or to the High Court.
(2) Subject to any directions which may be given in that behalf by the Chief Justice, a judge may, for securing the more convenient or expeditious disposal of any action or matter pending in a district in which he is for the time being sitting, order that such action or matter or any proceeding therein be transferred to another district; any such order may be made at any stage by the judge of his own motion or on the application of any party on such grounds relating either to the particular circumstances of the action or matter or to the state of the lists generally in each district as the judge may think fit.
(3) Where a judge makes an order of transfer to another district of his own motion there shall be no appeal from such order,
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