1964_RULES_OF_THE_SUPREME_COURT — Page 24

HK Historical Laws 香港歷史法例 All AI Reviewed
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A 24

[Subsidiary]

CAP. 4]

The Rules of the Supreme Court-Order 11 [1988 Ed.

(a) the grounds on which the application is made;

(b) that in the deponent's belief the plaintiff has a good cause of action;

(c) in what place the defendant is, or probably may be found; and

(d) where the application is made under rule 1(1)(c), the grounds for the deponent's belief that there is between the plaintiff and the person on whom a writ has been served a real issue which the plaintiff may reasonably ask the Court to try.

(2) No such leave shall be granted unless it shall be made sufficiently to appear to the Court that the case is a proper one for service out of the jurisdiction under this Order.

(4) An order granting under rule 1 leave to serve a writ out of the jurisdiction must limit a time within which the defendant to be served must acknowledge service.

Service of writ abroad: general (O. 11, r. 5)

5. (1) Subject to the following provisions of this rule, Order 10, rule 1(1), (4) and (5) and (6) and Order 65, rule 4, shall apply in relation to the service of a writ notwithstanding that the writ is to be served out of the jurisdiction, save that the accompanying form of acknowledgment of service shall be modified in such manner as may be appropriate.

(2) Nothing in this rule or in any order or direction of the Court made by virtue of it shall authorize or require the doing of anything in a country in which service is to be effected which is contrary to the law of that country.

(3) A writ which is to be served out of the jurisdiction-

(a) need not be served personally on the person required to be served so long as it is served on him in accordance with the law of the country in which service is effected; and

(b) need not be served by the plaintiff or his agent if it is served by a method provided for by rule 6 or rule 7.

(5) An official certificate stating that a writ as regards which rule 6 has been complied with, has been served on a person personally, or in accordance with the law of the country in which service was effected, on a specified date, being a certificate-

(a) by a British consular authority in that country, or

(b) by the government or judicial authorities of that country, or

(c) by any other authority designated in respect of that country under the Hague Convention,

shall be evidence of the facts so stated.

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A 24 [Subsidiary] CAP. 4] The Rules of the Supreme Court-Order 11 [1988 Ed. (a) the grounds on which the application is made; (b) that in the deponent's belief the plaintiff has a good cause of action; (c) in what place the defendant is, or probably may be found; and (d) where the application is made under rule 1(1)(c), the grounds for the deponent's belief that there is between the plaintiff and the person on whom a writ has been served a real issue which the plaintiff may reasonably ask the Court to try. (2) No such leave shall be granted unless it shall be made sufficiently to appear to the Court that the case is a proper one for service out of the jurisdiction under this Order. (4) An order granting under rule 1 leave to serve a writ out of the jurisdiction must limit a time within which the defendant to be served must acknowledge service. Service of writ abroad: general (O. 11, r. 5) 5. (1) Subject to the following provisions of this rule, Order 10, rule 1(1), (4) and (5) and (6) and Order 65, rule 4, shall apply in relation to the service of a writ notwithstanding that the writ is to be served out of the jurisdiction, save that the accompanying form of acknowledgment of service shall be modified in such manner as may be appropriate. (2) Nothing in this rule or in any order or direction of the Court made by virtue of it shall authorize or require the doing of anything in a country in which service is to be effected which is contrary to the law of that country. (3) A writ which is to be served out of the jurisdiction- (a) need not be served personally on the person required to be served so long as it is served on him in accordance with the law of the country in which service is effected; and (b) need not be served by the plaintiff or his agent if it is served by a method provided for by rule 6 or rule 7. (5) An official certificate stating that a writ as regards which rule 6 has been complied with, has been served on a person personally, or in accordance with the law of the country in which service was effected, on a specified date, being a certificate- (a) by a British consular authority in that country, or (b) by the government or judicial authorities of that country, or (c) by any other authority designated in respect of that country under the Hague Convention, shall be evidence of the facts so stated.
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A 24 [Subsidiary] CAP. 4] The Rules of the Supreme Court-Order 11 [1988 Ed. (a) the grounds on which the application is made; (b) that in the deponent's belief the plaintiff has a good cause of action; (c) in what place the defendant is, or probably may be found; and (d) where the application is made under rule 1(1)(c), the grounds for the deponent's belief that there is between the plaintiff and the person on whom a writ has been served a real issue which the plaintiff may reasonably ask the Court to try. (2) No such leave shall be granted unless it shall be made sufficiently to appear to the Court that the case is a proper one for service out of the jurisdiction under this Order. (4) An order granting under rule I leave to serve a writ out of the jurisdiction must limit a time within which the defendant to be served must acknowledge service. Service of writ abroad: general (O. 11, r. 5) 5. (1) Subject to the following provisions of this rule, Order 10, rule 1(1), (4) and (5) and (6) and Order 65, rule 4, shall apply in relation to the service of a writ notwithstanding that the writ is to be served out of the jurisdiction, save that the accompanying form of acknowledgment of service shall be modified in such manner as may be appropriate. (2) Nothing in this rule or in any order or direction of the Court made by virtue of it shall authorize or require the doing of anything in a country in which service is to be effected which is contrary to the law of that country. (3) A writ which is to be served out of the jurisdiction- (a) need not be served personally on the person required to be served so long as it is served on him in accordance with the law of the country in which service is effected; and (b) need not be served by the plaintiff or his agent if it is served by a method provided for by rule 6 or rule 7. (5) An official certificate stating that a writ as regards which rule 6 has been complied with, has been served on a person personally, or in accordance with the law of the country in which service was effected, on a specified date, being a certificate- (a) by a British consular authority in that country, or (b) by the government or judicial authorities of that country, or (c) by any other authority designated in respect of that coun- try under the Hague Convention, shall be evidence of the facts so stated.
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A 24

[Subsidiary]

CAP. 4]

The Rules of the Supreme Court-Order 11 [1988 Ed.

(a) the grounds on which the application is made;

(b) that in the deponent's belief the plaintiff has a good cause

of action;

(c) in what place the defendant is, or probably may be found;

and

(d) where the application is made under rule 1(1)(c), the grounds for the deponent's belief that there is between the plaintiff and the person on whom a writ has been served a real issue which the plaintiff may reasonably ask the Court to try.

(2) No such leave shall be granted unless it shall be made sufficiently to appear to the Court that the case is a proper one for service out of the jurisdiction under this Order.

(4) An order granting under rule I leave to serve a writ out of the jurisdiction must limit a time within which the defendant to be served must acknowledge service.

Service of writ abroad: general (O. 11, r. 5)

5. (1) Subject to the following provisions of this rule, Order 10, rule 1(1), (4) and (5) and (6) and Order 65, rule 4, shall apply in relation to the service of a writ notwithstanding that the writ is to be served out of the jurisdiction, save that the accompanying form of acknowledgment of service shall be modified in such manner as may be appropriate.

(2) Nothing in this rule or in any order or direction of the Court made by virtue of it shall authorize or require the doing of anything in a country in which service is to be effected which is contrary to the law of that country.

(3) A writ which is to be served out of the jurisdiction-

(a) need not be served personally on the person required to be served so long as it is served on him in accordance with the law of the country in which service is effected; and

(b) need not be served by the plaintiff or his agent if it is served

by a method provided for by rule 6 or rule 7.

(5) An official certificate stating that a writ as regards which rule 6 has been complied with, has been served on a person personally, or in accordance with the law of the country in which service was effected, on a specified date, being a certificate-

(a) by a British consular authority in that country, or

(b) by the government or judicial authorities of that country,

or

(c) by any other authority designated in respect of that coun-

try under the Hague Convention,

shall be evidence of the facts so stated.

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