1964_RULES_OF_THE_SUPREME_COURT — Page 156

HK Historical Laws 香港歷史法例 All AI Reviewed

A 156

[Subsidiary]

App. A. Forms 39-46, 48, 49.

CAP. 4] The Rules of the Supreme Court Order 42 [1988 Ed.

Affidavit taken in Commonwealth or foreign country admissible without proof of seal, etc. (O. 41, r. 12)

12. (1) Any affidavit sworn in any part of the Commonwealth outside Hong Kong before any judge, officer or other person duly authorized, or before any commissioner authorized by the Court, to take affidavits therein, may be used in the Court in all cases where affidavits are admissible.

(2) Any affidavit sworn in any foreign parts out of Her Majesty's dominions before a judge or magistrate, being authenticated by the official seal of the foreign court to which he is attached or of such magistrate, or before a notary public or a British consular officer, may be used in the Court in all cases where affidavits are admissible.

(3) The fact that an affidavit purports to have been sworn in the manner prescribed by paragraph (1) or (2) of this rule shall be prima facie evidence of the seal or signature, as the case may be, of any such court, judge, magistrate, commissioner or other officer or person therein mentioned, appended or subscribed to such affidavit, and of the authority of such court, judge, magistrate, commissioner or other officer or person to administer oaths.

JUDGMENTS, ORDERS, ACCOUNTS AND INQUIRIES

ORDER 42

JUDGMENTS AND ORDERS

Form of judgment and interest thereon, etc. (O. 42, r. 1)

1. (1) If, in the case of any judgment, a form thereof is prescribed by Appendix A the judgment must be in that form.

(2) The party entering any judgment shall be entitled to have recited therein a statement of the manner in which, and the place at which, the writ or other originating process by which the cause or matter in question was begun was served.

(3) An order other than a consent order to which rule 5A applies must be marked with the name of the judge or master by whom it was made and must be sealed.

Judgment in favour of reversioner for detention of goods (O. 42, r. 1A)

1A. (1) Where a claim relating to the detention of goods is made by a partial owner whose right of action is not founded on a possessory title, any judgment or order given or made in respect of the claim shall be for the payment of damages only.

In this paragraph "partial owner" means one of two or more persons having interest in the goods, unless he has the written authority of every other such person to sue on the latter's behalf.

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A 156 [Subsidiary] App. A. Forms 39-46, 48, 49. CAP. 4] The Rules of the Supreme Court Order 42 [1988 Ed. Affidavit taken in Commonwealth or foreign country admissible without proof of seal, etc. (O. 41, r. 12) 12. (1) Any affidavit sworn in any part of the Commonwealth outside Hong Kong before any judge, officer or other person duly authorized, or before any commissioner authorized by the Court, to take affidavits therein, may be used in the Court in all cases where affidavits are admissible. (2) Any affidavit sworn in any foreign parts out of Her Majesty's dominions before a judge or magistrate, being authenticated by the official seal of the foreign court to which he is attached or of such magistrate, or before a notary public or a British consular officer, may be used in the Court in all cases where affidavits are admissible. (3) The fact that an affidavit purports to have been sworn in the manner prescribed by paragraph (1) or (2) of this rule shall be prima facie evidence of the seal or signature, as the case may be, of any such court, judge, magistrate, commissioner or other officer or person therein mentioned, appended or subscribed to such affidavit, and of the authority of such court, judge, magistrate, commissioner or other officer or person to administer oaths. JUDGMENTS, ORDERS, ACCOUNTS AND INQUIRIES ORDER 42 JUDGMENTS AND ORDERS Form of judgment and interest thereon, etc. (O. 42, r. 1) 1. (1) If, in the case of any judgment, a form thereof is prescribed by Appendix A the judgment must be in that form. (2) The party entering any judgment shall be entitled to have recited therein a statement of the manner in which, and the place at which, the writ or other originating process by which the cause or matter in question was begun was served. (3) An order other than a consent order to which rule 5A applies must be marked with the name of the judge or master by whom it was made and must be sealed. Judgment in favour of reversioner for detention of goods (O. 42, r. 1A) 1A. (1) Where a claim relating to the detention of goods is made by a partial owner whose right of action is not founded on a possessory title, any judgment or order given or made in respect of the claim shall be for the payment of damages only. In this paragraph "partial owner" means one of two or more persons having interest in the goods, unless he has the written authority of every other such person to sue on the latter's behalf.

Baseline (Original)

A 156 [Subsidiary] App. A. Forms 39-46, 48, 49. CAP. 4] The Rules of the Supreme Court Order 42 [1988 Ed. Affidavit taken in Commonwealth or foreign country admissible without proof of seal, etc. (O. 41, r. 12) 12. (1) Any affidavit sworn in any part of the Commonwealth outside Hong Kong before any judge, officer or other person duly authorized, or before any commissioner authorized by the Court, to take affidavits therein, may be used in the Court in all cases where affidavits are admissible. (2) Any affidavit sworn in any foreign parts out of Her Majesty's dominions before a judge or magistrate, being authenti- cated by the official seal of the foreign court to which he is attached or of such magistrate, or before a notary public or a British consular officer, may be used in the Court in all cases where affidavits are admissible. (3) The fact that an affidavit purports to have been sworn in the manner prescribed by paragraph (1) or (2) of this rule shall be prima facie evidence of the seal or signature, as the case may be, of any such court, judge, magistrate, commissioner or other officer or person therein mentioned, appended or subscribed to such affidavit, and of the authority of such court, judge, magistrate, commissioner or other officer or person to administer oaths. JUDGMENTS, ORDERS, ACCOUNTS AND INQUIRIES ORDER 42 JUDGMENTS AND ORDERS Form of judgment and interest thereon, etc. (O. 42, r. 1) 1. (1) If, in the case of any judgment, a form thereof is prescribed by Appendix A the judgment must be in that form. (2) The party entering any judgment shall be entitled to have recited therein a statement of the manner in which, and the place at which, the writ or other originating process by which the cause or matter in question was begun was served. (3) An order other than a consent order to which rule 5A applies must be marked with the name of the judge or master by whom it was made and must be sealed. Judgment in favour of reversioner for detention of goods (O. 42, r. 1A) 1A. (1) Where a claim relating to the detention of goods is made by a partial owner whose right of action is not founded on a possessory title, any judgment or order given or made in respect of the claim shall be for the payment of damages only. In this paragraph "partial owner" means one of two or more persons having interest in the goods, unless he has the written authority of every other such person to sue on the latter's behalf.

2026-05-05 10:17:55 · Baseline

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