A 52
[Subsidiary]
L.N. 325/82.
Service by post.
L.N. 325/82.
CAP. 179]
Matrimonial Causes Rules
[1987 Ed.
(2) Where the document is served in accordance with R.S.C. Order 11, rules 5 and 6, those rules and rule 8 of the said Order 11 (which deals with the expenses incurred by the Chief Secretary) shall have effect in relation to service of the document as they have effect in relation to service of notice of a writ, except that the official certificate of service referred to in paragraph (5) of the said rule 5 shall, if the document was served personally, show the server's means of knowledge of the identity of the person served.
(3) Where a petition is to be served on a person out of Hong Kong, then-
(a) the time within which that person must give notice of intention to defend shall be determined having regard to the practice adopted under R.S.C. Order 11, rule 4(4) (which requires an order for leave to serve a writ out of the jurisdiction to limit the time for appearance), and the notice in Form 3 shall be amended accordingly;
(b) if the petition is to be served otherwise than in accordance with R.S.C. Order 11, rules 5 and 6, and there is reasonable ground for believing that the person to be served does not understand English, the petition shall be accompanied by a translation, approved by the court, of the notice in Form 3, in the official language of the country in which service is to be effected or, if there is more than one official language of that country, in any one of those languages which is appropriate to the place where service is to be effected:
Provided that this sub-paragraph shall not apply in relation to a document which is to be served in a country in which the official language, or one of the official languages, is English.
(4) Where a document specifying the date of hearing of any proceedings is to be served out of Hong Kong, the date shall be fixed having regard to the time which would be limited under paragraph (3)(a) for giving notice of intention to defend if the document were a petition.
110. Where a document is required by these rules to be sent to any person, it shall, unless otherwise directed, be sent by post to-
(a) if a solicitor is acting for him, the solicitor's address;
(b) if he is acting in person, the address for service given by him or, if he has not given an address for service, his last known address, but if in the opinion of the court the document would be unlikely to reach him if sent to that address, the court may dispense with sending the document to him.
1
A 52
[Subsidiary]
L.N. 325/82.
Service by post.
L.N. 325/82.
CAP. 179]
Matrimonial Causes Rules
[1987 Ed.
(2) Where the document is served in accordance with R.S.C. Order 11, rules 5 and 6, those rules and rule 8 of the said Order 11 (which deals with the expenses incurred by the Chief Secretary) shall have effect in relation to service of the document as they have effect in relation to service of notice of a writ, except that the official certificate of service referred to in paragraph (5) of the said rule 5 shall, if the document was served personally, show the server's means of knowledge of the identity of the person served.
(3) Where a petition is to be served on a person out of Hong Kong, then-
(a) the time within which that person must give notice of
intention to defend shall be determined having regard to the practice adopted under R.S.C. Order 11, rule 4(4) (which requires an order for leave to serve a writ out of the jurisdiction to limit the time for appearance), and the notice in Form 3 shall be amended accordingly;
(b) if the petition is to be served otherwise than in accordance with R.S.C. Order 11, rules 5 and 6, and there is reasonable ground for believing that the person to be served does not understand English, the petition shall be accompanied by a translation, approved by the court, of the notice in Form 3, in the official language of the country in which service is to be effected or, if there is more than one official language of that country, in any one of those languages which is appropriate to the place where service is to be effected:
Provided that this sub-paragraph shall not apply in relation to a document which is to be served in a country in which the official language, or one of the official languages, is English.
(4) Where a document specifying the date of hearing of any proceedings is to be served out of Hong Kong, the date shall be fixed having regard to the time which would be limited under paragraph (3)(a) for giving notice of intention to defend if the document were a petition.
110. Where a document is required by these rules to be sent to any person, it shall, unless otherwise directed, be sent by post to-
(a) if a solicitor is acting for him, the solicitor's address;
(b) if he is acting in person, the address for service given by him or, if he has not given an address for service, his last known address, but if in the opinion of the court the document would be unlikely to reach him if sent to that address, the court may dispense with sending the docu- ment to him.
1
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