1988 Ed.] The Rules of the Supreme Court Order 69
{CAP. 4
A 263
[Subsidiary]
PROVISIONS AS TO FOREIGN PROCEEDINGS
ORDER 69
SERVICE OF FOREIGN PROCESS
Definitions (O. 69, r. 1)
1. In this Order--
"a convention country" means a foreign country in relation to which there subsists a civil procedure convention providing for service in that country of process of the High Court, and includes a country which is a party to the Convention on the Service Abroad of Judicial and Extra-Judicial Documents in Civil or Commercial Matters signed at The Hague on 15 November 1965;
"process" includes a citation;
"process server" means the process server appointed under rule 4 or his authorized agent;
"taxing master" means a taxing master of the Supreme Court.
Applications (O. 69, r. 2)
2. This Order applies to the service on a person in Hong Kong of any process in connection with civil or commercial proceedings in a foreign court or tribunal where the Registrar receives a written request for service-
(a) from the Chief Secretary with a recommendation by him that service should be effected; or
(b) where the foreign court or tribunal is in a convention country, from a consular or other authority of that country.
Service of process (O. 69, r. 3)
3. (1) The request shall be accompanied by a translation thereof in English, two copies of the process and, unless the foreign court or tribunal certifies that the person to be served understands the language of the process, two copies of a translation thereof.
(2) Subject to paragraphs (3) and (5) and to any enactment providing for the manner of service of documents on corporate bodies, the process shall be served by the process server's leaving a copy of the process and a copy of the translation or certificate, as the case may be, with the person to be served.
(3) The provisions of Order 10, rule 1(2)(b) regarding service by insertion through a letter-box shall apply to the service of foreign process as they apply to the service of writs, except that service may be proved by an affidavit or by a certificate or report in such form as the Registrar may direct.
1988 Ed.] The Rules of the Supreme Court Order 69
{CAP. 4
A 263
[Subsidiary]
:
PROVISIONS AS TO FOREIGN PROCEEDINGS
ORDER 69
SERVICE OF FOREIGN PROCESS
Definitions (O. 69, r. 1)
1. In this Order--
"a convention country" means a foreign country in relation to which there subsists a civil procedure convention providing for service in that country of process of the High Court, and includes a country which is a party to the Convention on the Service Abroad of Judicial and Extra-Judicial Documents in Civil or Commercial Matters signed at The Hague on 15 November 1965;
"process" includes a citation;
"process server" means the process server appointed under rule 4 or
his authorized agent;
"taxing master" means a taxing master of the Supreme Court.
Applications (O. 69, r. 2)
2. This Order applies to the service on a person in Hong Kong of any process in connection with civil or commercial proceed- ings in a foreign court or tribunal where the Registrar receives a written request for service-
(a) from the Chief Secretary with a recommendation by him
that service should be effected; or
(b) where the foreign court or tribunal is in a convention country, from a consular or other authority of that country.
Service of process (O. 69, r. 3)
3. (1) The request shall be accompanied by a translation thereof in English, two copies of the process and, unless the foreign court or tribunal certifies that the person to be served understands the language of the process, two copies of a translation thereof.
(2) Subject to paragraphs (3) and (5) and to any enactment providing for the manner of service of documents on corporate bodies, the process shall be served by the process server's leaving a copy of the process and a copy of the translation or certificate, as the case may be, with the person to be served.
(3) The provisions of Order 10, rule 1(2)(b) regarding service by insertion through a letter-box shall apply to the service of foreign process as they apply to the service of writs, except that service may be proved by an affidavit or by a certificate or report in such form as the Registrar may direct.
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