1964_RULES_OF_THE_SUPREME_COURT — Page 23

1988 Ed.] The Rules of the Supreme Court Order 11

[CAP. 4

(g) the whole subject-matter of the action is land situate within the jurisdiction (with or without rents or profits) or the perpetuation of testimony relating to land so situate;

(h) the claim is brought to construe, rectify, set aside or enforce an act, deed, will, contract, obligation or liability affecting land situate within the jurisdiction;

(i) the claim is made for a debt secured on immovable property or is made to assert, declare or determine proprietary or possessory rights, or rights of security, in or over movable property, or to obtain authority to dispose of movable property, situate within the jurisdiction;

(j) the claim is brought to execute the trusts of a written instrument being trusts that ought to be executed according to Hong Kong law and of which the person to be served with the writ is a trustee, or for any relief or remedy which might be obtained in any such action;

(k) the claim is made for the administration of the estate of a person who died domiciled within the jurisdiction or for any relief or remedy which might be obtained in any such action;

(l) the claim is brought in a probate action within the meaning of Order 76;

(m) the claim is brought to enforce any judgment or arbitral award;

(n) the claim is brought under the Carriage by Air Act 1961.

(2) Service of a writ out of the jurisdiction is permissible without the leave of the Court provided that each claim made by the writ is

(b) a claim which by virtue of any written law the High Court has power to hear and determine notwithstanding that the person against whom the claim is made is not within the jurisdiction of the Court or that the wrongful act, neglect or default giving rise to the claim did not take place within its jurisdiction.

(3) Where a writ is to be served out of the jurisdiction under paragraph (2), the time to be inserted in the writ within which the defendant served therewith must acknowledge service shall-

(c) be limited in accordance with the practice adopted under rule 4(4).

Application for, and grant of, leave to serve writ out of jurisdiction

(O. 11, r. 4)

4.

(1) An application for the grant of leave under rule 1(1) must be supported by an affidavit stating-

A 23

[Subsidiary]

(1961 c. 27.)