A 118
[Subsidiary]
(Cap. 136.)
App. A. Form 10.
CAP. 41 The Rules of the Supreme Court Order 32 [1988 Ed.
Proceeding in absence of party failing to attend (O. 32, r. 5)
5. (1) Where any party to a summons fails to attend on the first or any resumed hearing thereof, the Court may proceed in his absence if, having regard to the nature of the application, it thinks it expedient so to do.
(2) Before proceeding in the absence of any party the Court may require to be satisfied that the summons or, as the case may be, notice of the time appointed for the resumed hearing was duly served on that party.
(3) Where the Court hearing a summons proceeded in the absence of a party, then, provided that any order made on the hearing has not been perfected, the Court, if satisfied that it is just to do so, may re-hear the summons.
(4) Where an application made by summons has been dismissed without a hearing by reason of the failure of the party who took out the summons to attend the hearing, the Court, if satisfied that it is just to do so, may allow the summons to be restored to the list.
Order made ex parte may be set aside (O. 32, r. 6)
6. The Court may set aside an order made ex parte.
Subpoena for attendance of witness (O. 32, r. 7)
7. (1) A writ of subpoena ad testificandum or a writ of subpoena duces tecum to compel the attendance of a witness for the purpose of proceedings in chambers may be issued out of the Registry, if the party who desires the attendance of the witness produces a note from a judge or from the Registrar or a master, as the case may be, authorizing the issue of the writ.
(2) The Registrar or any master may give such a note or may direct the application for it be made to the judge before whom the proceedings are to be heard.
Registrar, etc., may administer oaths, etc. (O. 32, r. 8)
8. (1) The Registrar or any master shall have authority to administer oaths and take affidavits for the purpose of proceedings in the Court.
Applications under the Mental Health Ordinance (O. 32, r. 9)
9. (1) The jurisdiction of the Court to grant leave under section 69 of the Mental Health Ordinance to bring proceedings against a person may be exercised in chambers by a judge.
(2) An originating summons by which an application for leave under the said section 69 is made shall be in Form No. 10 in Appendix A.
A 118
[Subsidiary]
(Cap. 136.)
App. A. Form 10.
CAP. 41 The Rules of the Supreme Court Order 32 [1988 Ed.
Proceeding in absence of party failing to attend (O. 32, r. 5)
5. (1) Where any party to a summons fails to attend on the first or any resumed hearing thereof, the Court may proceed in his absence if, having regard to the nature of the application, it thinks it expedient so to do.
(2) Before proceeding in the absence of any party the Court may require to be satisfied that the summons or, as the case may be, notice of the time appointed for the resumed hearing was duly served on that party.
(3) Where the Court hearing a summons proceeded in the absence of a party, then, provided that any order made on the hearing has not been perfected, the Court, if satisfied that it is just to do so, may re-hear the summons.
(4) Where an application made by summons has been dis- missed without a hearing by reason of the failure of the party who took out the summons to attend the hearing, the Court, if satisfied that it is just to do so, may allow the summons to be restored to the list.
Order made ex parte may be set aside (O. 32, r. 6)
6.
The Court may set aside an order made ex parte.
Subpoena for attendance of witness (O. 32, r. 7)
7. (1) A writ of subpoena ad testificandum or a writ of subpoena duces tecum to compel the attendance of a witness for the purpose of proceedings in chambers may be issued out of the Registry, if the party who desires the attendance of the witness produces a note from a judge or from the Registrar or a master, as the case may be, authorizing the issue of the writ.
(2) The Registrar or any master may give such a note or may direct the application for it be made to the judge before whom the proceedings are to be heard.
Registrar, etc., may administer oaths, etc. (O. 32, r. 8)
8. (1) The Registrar or any master shall have authority to administer oaths and take affidavits for the purpose of proceedings in the Court.
Applications under the Mental Health Ordinance (O. 32, r. 9)
9. (1) The jurisdiction of the Court to grant leave under section 69 of the Mental Health Ordinance to bring proceedings against a person may be exercised in chambers by a judge.
(2) An originating summons by which an application for leave under the said section 69 is made shall be in Form No. 10 in Appendix A.
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