1964_RULES_OF_THE_SUPREME_COURT — Page 322

HK Historical Laws 香港歷史法例 All AI Reviewed

A 322

CAP. 4

[Subsidiary]

The Rules of the Supreme Court Order 80 [1988 Ed.

may be, of the person under disability in those proceedings unless the Court makes an order appointing him such friend or guardian in substitution for the person previously acting in that capacity.

(5) Where, after any proceedings have been begun, a party to the proceedings becomes a patient, an application must be made to the Court for the appointment of a person to be next friend or guardian ad litem, as the case may be, of that party.

(6) Except where the next friend or guardian ad litem, as the case may be, of a person under disability has been appointed by the Court-

(a) the name of any person shall not be used in a cause or matter as next friend of a person under disability,

(b) service shall not be acknowledged in a cause or matter for a person under disability, and

(c) a person under disability shall not be entitled to appear by his guardian ad litem on the hearing of a petition, summons or motion which, or notice of which, has been served on him,

unless and until the documents listed in paragraph (8) have been filed in the Registry.

(8) The documents referred to in paragraph (6) are the following-

(a) a written consent to be next friend or guardian ad litem, as the case may be, of the person under disability in the cause or matter in question given by the person proposing to be such friend or guardian; and

(b) where the person proposing to be such friend or guardian of the person under disability, being a patient, is authorized under Part VII of the Act to conduct the proceedings in the cause or matter in question in the name of the patient or on his behalf, an office copy, sealed with the seal of the Supreme Court, of the order or other authorization made or given under the said Part VII by virtue of which he is so authorized; and

(c) except where the person proposing to be such friend or guardian of the person under disability, being a patient, is authorized as mentioned in sub-paragraph (b) a certificate made by the solicitor for the person under disability certifying-

(i) that he knows or believes, as the case may be, that the person to whom the certificate relates is a minor or a patient, giving (in the case of a patient) the grounds of his knowledge or belief; and

(ii) where the person under disability is a patient, that there is no person authorized as aforesaid; and

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A 322 CAP. 4 [Subsidiary] The Rules of the Supreme Court Order 80 [1988 Ed. may be, of the person under disability in those proceedings unless the Court makes an order appointing him such friend or guardian in substitution for the person previously acting in that capacity. (5) Where, after any proceedings have been begun, a party to the proceedings becomes a patient, an application must be made to the Court for the appointment of a person to be next friend or guardian ad litem, as the case may be, of that party. (6) Except where the next friend or guardian ad litem, as the case may be, of a person under disability has been appointed by the Court- (a) the name of any person shall not be used in a cause or matter as next friend of a person under disability, (b) service shall not be acknowledged in a cause or matter for a person under disability, and (c) a person under disability shall not be entitled to appear by his guardian ad litem on the hearing of a petition, summons or motion which, or notice of which, has been served on him, unless and until the documents listed in paragraph (8) have been filed in the Registry. (8) The documents referred to in paragraph (6) are the following- (a) a written consent to be next friend or guardian ad litem, as the case may be, of the person under disability in the cause or matter in question given by the person proposing to be such friend or guardian; and (b) where the person proposing to be such friend or guardian of the person under disability, being a patient, is authorized under Part VII of the Act to conduct the proceedings in the cause or matter in question in the name of the patient or on his behalf, an office copy, sealed with the seal of the Supreme Court, of the order or other authorization made or given under the said Part VII by virtue of which he is so authorized; and (c) except where the person proposing to be such friend or guardian of the person under disability, being a patient, is authorized as mentioned in sub-paragraph (b) a certificate made by the solicitor for the person under disability certifying- (i) that he knows or believes, as the case may be, that the person to whom the certificate relates is a minor or a patient, giving (in the case of a patient) the grounds of his knowledge or belief; and (ii) where the person under disability is a patient, that there is no person authorized as aforesaid; and
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A 322 CAP. 4 [Subsidiary] The Rules of the Supreme Court Order 80 [1988 Ed. may be, of the person under disability in those proceedings unless the Court makes an order appointing him such friend or guardian in substitution for the person previously acting in that capacity. (5) Where, after any proceedings have been begun, a party to the proceedings becomes a patient, an application must be made to the Court for the appointment of a person to be next friend or guardian ad litem, as the case may be, of that party. (6) Except where the next friend or guardian ad litem, as the case may be, of a person under disability has been appointed by the Court- (a) the name of any person shall not be used in a cause or matter as next friend of a person under disability, (b) service shall not be acknowledged in a cause or matter for a person under disability, and (c) a person under disability shall not be entitled to appear by his guardian ad litem on the hearing of a petition, sum- mons or motion which, or notice of which, has been served on him, unless and until the documents listed in paragraph (8) have been filed in the Registry. (8) The documents referred to in paragraph (6) are the following- (a) a written consent to be next friend or guardian ad litem, as the case may be, of the person under disability in the cause or matter in question given by the person proposing to be such friend or guardian; and (b) where the person proposing to be such friend or guardian of the person under disability, being a patient, is authorized under Part VII of the Act to conduct the proceedings in the cause or matter in question in the name of the patient or on his behalf, an office copy, scaled with the seal of the Supreme Court, of the order or other authorization made or given under the said Part VII by virtue of which he is so authorized; and (c) except where the person proposing to be such friend or guardian of the person under disability, being a patient, is authorized as mentioned in sub-paragraph (b) a certificate made by the solicitor for the person under disability certifying- (i) that he knows or believes, as the case may be, that the person to whom the certificate relates is a minor or a patient, giving (in the case of a patient) the grounds of his knowledge or belief; and (ii) where the person under disability is a patient, that there is no person authorized as aforesaid; and
2026-05-05 10:37:39 · Baseline
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A 322

CAP. 4

[Subsidiary]

The Rules of the Supreme Court Order 80 [1988 Ed.

may be, of the person under disability in those proceedings unless the Court makes an order appointing him such friend or guardian in substitution for the person previously acting in that capacity.

(5) Where, after any proceedings have been begun, a party to the proceedings becomes a patient, an application must be made to the Court for the appointment of a person to be next friend or guardian ad litem, as the case may be, of that party.

(6) Except where the next friend or guardian ad litem, as the case may be, of a person under disability has been appointed by the Court-

(a) the name of any person shall not be used in a cause or

matter as next friend of a person under disability,

(b) service shall not be acknowledged in a cause or matter for a

person under disability, and

(c) a person under disability shall not be entitled to appear by his guardian ad litem on the hearing of a petition, sum- mons or motion which, or notice of which, has been served on him,

unless and until the documents listed in paragraph (8) have been filed in the Registry.

(8) The documents referred to in paragraph (6) are the following-

(a) a written consent to be next friend or guardian ad litem, as the case may be, of the person under disability in the cause or matter in question given by the person proposing to be such friend or guardian; and

(b) where the person proposing to be such friend or guardian of the person under disability, being a patient, is authorized under Part VII of the Act to conduct the proceedings in the cause or matter in question in the name of the patient or on his behalf, an office copy, scaled with the seal of the Supreme Court, of the order or other authorization made or given under the said Part VII by virtue of which he is so authorized; and

(c) except where the person proposing to be such friend or guardian of the person under disability, being a patient, is authorized as mentioned in sub-paragraph (b) a certificate made by the solicitor for the person under disability certifying-

(i) that he knows or believes, as the case may be, that the person to whom the certificate relates is a minor or a patient, giving (in the case of a patient) the grounds of his knowledge or belief; and

(ii) where the person under disability is a patient, that there is no person authorized as aforesaid; and

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