1988 Ed.] The Rules of the Supreme Court-Order 73
[CAP. 4
(2) Where an order of the Court is required under paragraph (1), then if, either before or after accepting the money paid into court by some only of the other parties the party discontinues the arbitration proceedings against all the other parties and those parties consent in writing to the payment out of that sum, it may be paid out without an order of the Court.
(3) Where after the hearing of the arbitration proceedings has begun a claimant party accepts any money paid into court and all further proceedings in the arbitration proceedings or in respect of the matter in dispute or matters in dispute, as the case may be, to which the acceptance relates are stayed by virtue of rule 13(4), then, notwithstanding anything in paragraph (2), the money shall not be paid out except in pursuance of an order of the Court, and the order shall deal with the whole costs of the arbitration proceedings or with the costs relating to the matter in dispute or matters in dispute as the case may be, to which the arbitration proceedings relate.
Money remaining in court (O. 73, r. 15)
(HK)15. If any money paid into court in connection with arbitration proceedings is not accepted in accordance with rule 13, the money remaining in court shall not be paid out except in pursuance of an order of the Court which may be made at any time before, during or after the hearing of the arbitration proceedings; and where such an order is made before the hearing the money shall not be paid out except in satisfaction of the matter or matters in dispute in respect of which it was paid in.
Counterclaim (O. 73, r. 16)
(HK)16. A party to arbitration proceedings against whom a counterclaim is made may pay money into court in accordance with rule 11, and that rule and rules 13 (except paragraph (5)), 14 and 15 shall apply accordingly with the necessary modifications.
Non-disclosure of payment into court; amendment of arbitrator's award (O. 73, r. 17)
(HK)17. Except in arbitration proceedings in which all further proceedings are stayed after the hearing has begun by virtue of rule 13(4), the fact that money has been paid into court under the foregoing provisions of this Order shall not be communicated to the arbitrator until he has published his award, whereupon the arbitrator may amend his award by adding thereto such directions as he may think proper with respect to the payment of the costs of the reference.
Investment of money in court (O. 73, r. 18)
(HK)18. Cash under the control of or subject to the order of the Court may be invested in any manner specified in the Supreme Court Suitors' Funds Rules and the Trustee Ordinance.
A 281
[Subsidiary]
(Cap. 4, sub. leg.)
(Cap. 29.)
1988 Ed.] The Rules of the Supreme Court-Order 73
[CAP. 4
(2) Where an order of the Court is required under paragraph (1), then if, either before or after accepting the money paid into court by some only of the other parties the party discontinues the arbitration proceedings against all the other parties and those parties consent in writing to the payment out of that sum, it may be paid out without an order of the Court.
(3) Where after the hearing of the arbitration proceedings has begun a claimant party accepts any money paid into court and all further proceedings in the arbitration proceedings or in respect of the matter in dispute or matters in dispute, as the case may be, to which the acceptance relates are stayed by virtue of rule 13(4), then, notwithstanding anything in paragraph (2), the money shall not be paid out except in pursuance of an order of the Court, and the order shall deal with the whole costs of the arbitration proceedings or with the costs relating to the matter in dispute or matters in dispute as the case may be, to which the arbitration proceedings relate.
Money remaining in court (O. 73, r. 15)
(HK)15. If any money paid into court in connection with arbitra- tion proceedings is not accepted in accordance with rule 13, the money remaining in court shall not be paid out except in pursuance of an order of the Court which may be made at any time before during or after the hearing of the arbitration proceedings; and where such an order is made before the hearing the money shall not be paid out except in satisfaction of the matter or matters in dispute in respect of which it was paid in.
Counterclaim (O. 73, r. 16)
(HK)16. A party to arbitration proceedings against whom a coun- terclaim is made may pay money into court in accordance with rule 11, and that rule and rules 13 (except paragraph (5)), 14 and 15 shall apply accordingly with the necessary modifications.
Non-disclosure of payment into court; amendment of arbitrator's
award (O. 73, r. 17)
(HK)17. Except in arbitration proceedings in which all further proceedings are stayed after the hearing has begun by virtue of rule 13(4), the fact that money has been paid into court under the foregoing provisions of this Order shall not be communicated to the arbitrator until he has published his award, whereupon the arbitra- tor may amend his award by adding thereto such directions as he may think proper with respect to the payment of the costs of the reference.
Investment of money in court (O. 73, r. 18)
(HK)18. Cash under the control of or subject to the order of the Court may be invested in any manner specified in the Supreme Court Suitors' Funds Rules and the Trustee Ordinance.
A 281
[Subsidiary]
(Cap. 4, sub. leg.)
(Cap. 29.)
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