1964_RULES_OF_THE_SUPREME_COURT — Page 27

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

[CAP. 4

(3) Documents duly lodged under this rule shall be sent by the Registrar to the Chief Secretary with a request that the Chief Secretary arrange for the writ to be served on the State or the government in question, as the case may be.

(4) Where section 12(6) of the State Immunity Act 1978 applies and the State has agreed to a method of service other than that provided by the preceding paragraphs, the writ may be served either by the method agreed or in accordance with the preceding paragraphs of this rule.

Service of writ in certain actions under Carriage by Air Act, 1961

(O. 11, r. 7A)

(HK)7A. (1) Where a person to whom leave has been granted under rule 1 to serve a writ on a High Contracting Party to the convention set out in the First Schedule to the Carriage by Air Act, 1961, being a writ beginning an action to enforce a claim in respect of carriage undertaken by that Party, wishes to have the writ served on that Party, he must lodge in the Registry—

(a) a request for service to be arranged by the Chief Secretary;

and

(b) a copy of the writ; and

(c) except where the official language of the High Contracting Party is, or the official languages of that Party include, English, a translation of the writ in the official language or one of the official languages of the High Contracting Party.

(2) Rule 6(6) shall apply in relation to a translation lodged under paragraph (1) of this rule as it applies in relation to a translation lodged under paragraph (5) of that rule.

(3) Documents duly lodged under this rule shall be sent by the Registrar to the Chief Secretary with a request that the Chief Secretary arrange for the writ to be served on the High Contracting Party.

Undertaking to pay expenses of service by the Chief Secretary

(O. 11, r. 8)

8. Every request lodged under rule 6(4), rule 7 or rule 7A must contain an undertaking by the person making the request to be responsible personally for all expenses incurred by the Chief Secretary in respect of the service requested and, on receiving due notification of the amount of those expenses, to pay that amount to the Treasury and to produce a receipt for the payment to the Registrar.

Service of originating summons, petition, notice of motion, etc.

(O. 11, r. 9)

9. (1) Subject to Order 73, rule 7, rule 1 of this Order shall apply to the service out of the jurisdiction of an originating summons, notice of motion or petition as it applies to service of a writ.

A 27

[Subsidiary]

(1961 c. 27.)